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HomeMy WebLinkAbout FULL PACKET_2014-06-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 3, 2014 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:21 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES ROMAN A. REYNA COUNCILMEMBERS Absent: MICHELE MARTINEZ VINCENT F. SARMIENTO 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 5:21 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: CONFERENCE WITH LEGAL COUNSEL - Government Claims Act pursuant to Paragraph (3) of subdivision (e) of Section 54956.9 of the Government Code: Claim No. 2014 -056, Ruiz, Augustine and Arzola, Raymundo Claim No. 2014 -015, McDowell, Scott and State Farm Claim No. 2014 -024, Avalos, Veronica CITY COUNCIL MINUTES 1 JUNE 3, 2014 1 0A -1 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Kristine Meza v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013 - 00660649 Carlos Barba v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013 - 00649819 Consuelo Case v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013- 00628729 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 JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: Cuenca vs. State Sacramento County Superior Court Case No. 34 -2013- 80001427 JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of Santa Ana vs. Ana Matosantos (DOF) Case No. 34- 2013 - 80001477 3. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: Two Cases 'Councilmember Benavides excused himself from proceedings of Agenda Item 3 due to a potential conflict of interest and did not participate in consideration of this item. He left the room at 5:33 p.m. and returned at 5:46 p.m. 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Address of Property: 1411 N. Bristol Street, Santa Ana 1415 N. Bristol Street, Santa Ana 1417 N. Bristol Street, Santa Ana 1607 N. Bristol Street, Santa Ana Negotiators: City Manager, David Cavazos Interim Director of Public Works Agency, William Galvez Under Negotiation: Price and Terms of Property Acquisition CITY COUNCIL MINUTES 2 JUNE 3, 2014 1 0A -2 CLOSED SESSION REPORT— See Item 19A. for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:07 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 1 0A -3 JUNE 3, 2014 REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor SAL TINAJERO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES ROMAN A. REYNA PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: MICHELE MARTINEZ VINCENT F. SARMIENTO STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council ASHLEY SAUCEDA AND NATHALIE RIVAS, HEROES ELEMENTARY SCHOOL COUNCILMEMBER BENAVIDES CERTIFICATE OF TRIBUTE presented by MAYOR PULIDO to William Reimer, Jr. for former Santa Ana Fire Chief, William J. Reimer (Fire Chief 1979 to 1986). PROCLAMATION presented by MAYOR PULIDO to Allan Fainbarg for his exemplary citizen participation and services to the Santa Ana community. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Sergio Buenrostro for securing the presence of Miguel Herrera at the 15th Annual Cinco de Mayo Festival. CITY COUNCIL MINUTES 4 JUNE 3, 2014 1 0A -4 CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO and COUNCILMEMBER AMEZCUA to the Floral Park homeowners and tour committee for their successful 2014 Floral Park Home and Garden Tour. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM TINAJERO and COUNCILMEMBER AMEZCUA to Vietnamese Community Health for organizing the Community Health Fair at Rosita Park in the Salgado Recreation Center. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER REYNA to the Calvary Christian School Volleyball Team for winning the Division 2 CALOC league championship. Head Coach: Casey Morlet and Assistant Coach: Bronnie Lee; Team: Julia Bharwani, Olivia Clark, Amy Lee, Sage Lewotsky, Makenna Pietras, Brittney Pino, Aubrey Rynders, Mikayla Tesdall, Alexa Velasquez. CLOSED SESSION REPORT — See reportable actions listed under Agenda Item 19A. PUBLIC COMMENT • Steve Rocco, spoke on election related issues, and concerns with operation of Security Company at City Hall. • Elmer Heap, Public Sector Manager for Waste Management, spoke of recent Household Hazardous Waste event; Compost Giveaway Day and participation in Cinco de Mayo event; grateful to be part of the City. • Douglas Lanpher, Patients Advocate representative, spoke on Agenda Item 65B, supports City's effort to allow safe and affordable access to medical marijuana. • Araceli Robles, member of SACReD and Building Healthy Communities, request that Strategic Plan be translated into Spanish and Vietnamese; proposed that youth in the community to allowed to translate the document and City to provide incentive. • Richard Moser, former member of the original Bristol Street Development Association, opined that City has made tremendous progress; spoke in support of Bristol Street Widening Project. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A as recommended by staff: MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) CITY COUNCIL MINUTES 5 JUNE 3, 2014 1 0A -5 ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) FA0iytl10116 .11MiTAI1IFlNo iyilevi i1 =I*1 MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 20, 2014 - Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approved settlement agreements. AGMT NO. 2014 -120 - Claim No. 2014 -015, McDowell, Scott and State Farm; in the amount of $6,375.83 AGMT NO. 2014 -121 - Claim No. 2014 -024, Avalos, Veronica; in the amount of $5,736.82 AGMT NO. 2014 -122 - Consuelo Case v. City of Santa Ana, Orange County Superior Court Case No. 30- 2013 - 00628729; authorize staff to settle case in the amount of $5,000. MOTION: Excuse the absence of Councilmembers Martinez and Sarmiento from the June 3, 2014 City Council Meeting. 19C. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2014 — MARCH 2014 - Community Development Agency CITY COUNCIL MINUTES 6 JUNE 3, 2014 1 0A -6 MOTION: Receive and file. AGREEMENTS 25A. DISTRIBUTION OF WORKFORCE INVESTMENT ACT FORMULA YOUTH FUNDS FOR PROGRAM YEAR 2014 -2015 - Community Development Agency Workforce Investment Board approved recommended action on May 15, 2014 by a vote of 18 -0 (0 (Elliott, Fischer, Gonzalez, Jimenez -Hami, Knitter, Korthuis, Maldonado, Nishimoto, Ruiz, Su absent; Didion abstained)). The Finance, Economic Development and Technology Council Committee reviewed the Youth Programs Request for Proposal process at its meetings on October 14, 2013 and January 13, 2014. MOTION: Approve and authorize the City Manager and Clerk of the Council to execute agreements for Workforce Investment Act Formula Youth funds with the following youth program operators for Program Year 2014 -2015, for a total amount of $819,200 for the period of July 1, 2014 through June 30, 2015: r[ 91111 Ion 1 :2:tole] :7 e 1 i y i[ OW =I :7 e l 1101 N AMOUNT YOUTH SERVED A. AGMT NO. 2014 -123 — With Orange County $136,400 25 Asian and Pacific Islander Community Alliance To provide training leading to customer service certification, job preparation, paid work experience, and post- secondary education services B. AGMT NO. 2014 -124 — With Orange County $212,800 27 Children's Therapeutic Arts Center To provide occupational skills in office administration, mental health paraprofessional, and childcare worker certification, job preparation skills, paid work experience, tutoring, mentoring, counseling, and food bank support C. AGMT NO. 2014 -125 — With Orange County $200,000 25 Conservation Corps To provide alternative secondary education and resources leading to a high school diploma, credentialed training in forklift operation, safe CITY COUNCIL MINUTES 7 JUNE 3, 2014 1 0A -7 r[ 911 j 1:1 :2:19M :7 e 1 i y i[ OW =I :7 e l to] N AMOUNT YOUTH SERVED food handling, customer service, computer software, job preparation, and paid work experience D. AGMT NO. 2014 -126 — With Santa Ana $190,000 30 Public Library To provide post- secondary occupational skills training in digital technology, computer maintenance, and clerical customer service; paid work experience, and leadership development E. AGMT NO. 2014 -127 — With Taller San Jose $80,000 10 To provide occupational skills training in the healthcare, professional business services or construction fields, internship opportunities, counseling, job preparation, and placement 25B. AGMT NO. 2014 -128 - CAREER AND VOCATIONAL CONSULTING SERVICES AT WORK CENTER (FEDERAL FUNDING) - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the attached Federal Workforce Investment Act consultant agreement with Wesley A. Bosch in an amount of $90,000 annually, for a total not to exceed $180,000 over a two -year term, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NOS. 2014 -129 AND A- 2014 -130 - ON -CALL ENGINEERING SERVICES FOR WATER AND SEWER PROJECTS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with Tetratech, Inc., and RBF Consulting, subject to non - substantive changes approved by the City Manager and City Attorney, for a one -year period expiring June 30, 2015, with provisions for two, one -year renewal options exercisable in writing by the City Manager and City Attorney, in an amount not to exceed $400,000 annually, for a total aggregate amount not to exceed $1,200,000. CITY COUNCIL MINUTES 8 JUNE 3, 2014 1 0A -8 25D. AGMT NO. 2014 -131 - WATER QUALITY TESTING SERVICES - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Clinical Laboratory of San Bernardino, Inc., subject to non - substantive changes approved by the City Manager and City Attorney, for a two -year period expiring on June 2, 2016, with provisions for two, two -year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $140,000 for each the initial term and for each option period, for a total aggregate amount not to exceed $420,000. 25E. AGMT NO. 2014 -132 - SUNFLOWER AVENUE IMPROVEMENTS - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a first amendment to the cooperative agreement with the City of Costa Mesa, subject to non - substantive changes approved by the City Manager and City Attorney, to increase the City's share of construction costs by $16,000, for a total not -to- exceed amount of $51,000. LAND USE MATTERS CONDITIONAL USE PERMITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -06 FOR A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CHIPOTLE MEXICAN GRILL AT 1313 WEST SEVENTENTH STREET, SUITE A - LIQUOR LICENSE SPECIALIST, APPLICANT - Planning and Building Agency Planning Commission approved recommended action on May 12, 2014, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -06 as conditioned. ""END OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS CITY COUNCIL MINUTES 9 JUNE 3, 2014 1 0A -9 ORDINANCES /FIRST READING 50A. ORDINANCE REPEALING SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES - City Attorney's Office MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NS -2862 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES MOTION: Amezcua VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS N=WS]ZI IMI- TaiF108M Amezcua, Benavides, Pulido, Reyna, Tinajero (5) None (0) None (0) Martinez, Sarmiento (2) 55A. BRISTOL STREET IMPROVEMENTS, RIGHT -OF -WAY ACQUISITIONS, AND ADOPTION OF AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT (EIS /EIR) Continued from the February 4, 2014 City Council Meeting by a vote of 7- 0. Continued from the March 4, 2014 City Council Meeting by a vote of 6- 0 (Sarmiento abstained). . Continued from the April 1, 2014 City Council Meeting by a vote of 6 -0 (Sarmiento abstained and not present). Continued from the May 6, 2014 City Council Meeting by a vote of 7 -0. MOTION: Continue consideration of matter at the request of staff for 30 days, July 1, 2014. MOTION: Benavides SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) CITY COUNCIL MINUTES 10 JUNE 3, 2014 1 0A -10 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 55B. RESOLUTION CALLING FOR SUPPORT OF THE BAY DELTA CONSERVATION PLAN FOR RELIABLE WATER SUPPLY AND ENVIRONMENTAL RESTORATION - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2014 -024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR SUPPORT OF THE BAY DELTA CONSERVATION PLAN FOR RELIABLE WATER SUPPLIES AND ENVIRONMENTAL RESTORATION MOTION: Tinajero SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) 55C. SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: PETITION QUALIFIED BY VOTER INITIATIVE ON SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE - Clerk of the Council and City Attorney's Offices MOTION: 1. Adopt resolutions. RESOLUTION NO. 2014 -025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2014 FOR THE SUBMISSION TO THE VOTERS OF QUESTIONS RELATING TO VOTER INITIATIVE PETITION ON THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATVE AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CITY COUNCIL MINUTES 11 JUNE 3, 2014 1 0A -11 CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION RESOLUTION NO. 2014 -026 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING FORTH THE LANGUAGE OF A BALLOT TITLE FOR PROPOSED VOTER INITIATIVE PETITION REFERRED TO AS THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATVE TO BE INCLUDED ON THE BALLOT FOR THE 2014 GENERAL MUNICIPAL ELECTION RESOLUTION NO. 2014 -027 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED VOTER INITIATIVE REGARDING THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATVE TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 2. Approve guidelines for preparation of arguments for or against the proposed voter initiative, fix the date for the submission of Direct Arguments and Rebuttal Arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. 3. Authorize the City Attorney to prepare an Impartial Analysis for each of the proposed Charter Amendments to be submitted to the voter for consideration. 4. Direct staff to process all other documents required to proceed with the voter initiative petition. 5. Authorize Mayor Pro Tern Tinajero to prepare an Argument Against proposed voter initiative and allow up to 4 additional Councilmembers to sponsor Argument. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) CITY COUNCIL MINUTES 12 JUNE 3, 2014 1 0A -12 ADMINISTRATIVE MATTERS - BUSINESS 60A. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE - Clerk of the Council Office MOTION: Designate Councilmember Martinez as a voting delegate for the League of California Cities' Annual Business Meeting scheduled for September 3 -5, 2014. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) REPORTS 65A. REQUEST FOR RELEASE OF ESCROW ACCOUNT FUNDS FROM THE ORANGE COUNTY FIRE AUTHORITY - City Manager's Office and Finance & Management Services MOTION: Authorize the City Manager to request the release of $2.9M in Risk Management funds held in an escrow account at Grandpoint Bank pursuant to the agreement with the Orange County Fire Authority for fire services and emergency medical services. MOTION: Amezcua SECOND: Reyna VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) CITY COUNCIL MINUTES 13 JUNE 3, 2014 1 0A -13 65B. BALLOT INITIATIVE REGARDING MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES - Planning and Building Agency; City Attorney's Office; and Police Department Acting Planning and Building Executive Director Karen Haluza presented staff report. History • 1970 — Federal Controlled Substances Act (CSA) • Marijuana designated as a Schedule I controlled substance • 1996 — Compassionate Use Act (Prop. 215) • Prevented State criminal sanctions against qualified patient or the patient's primary caregiver, for possession or cultivation of marijuana for the personal medical purposes of the patient, upon recommendation of a physician • 2003 — Medical Marijuana Program Act (SB 420) • Uniform application of the Compassionate Use Act • Enhance access to medical marijuana through collective and cooperative cultivation • 2007 — City of Santa Ana Adopts Ban on Medical Marijuana Dispensaries • Access to medical marijuana still permitted through health care facilities • February 2013 - Santa Ana Medical Cannabis Restriction and Limitation Initiative • Obtained enough valid signatures to qualify the initiative for the November 2014 General Election ballot • March 2013 - City Council directed staff to explore placing a competing initiative on the November 2014 ballot • May 2013 — City of Riverside vs. Inland Empire Patient's Health and Wellness Center, Inc. • State Supreme Court decision upheld cities' ability to enact municipal regulations banning medical marijuana collectives Enforcement Efforts • Actively enforcing the City's ban on medical marijuana since adoption in 2007 • As of May 1, 2014 there are an estimated 50 existing illegal Medical Marijuana collectives /cooperatives in the City • Low of 16 in early 2013 • High of 68 in 2012 • Successfully closed 177 collectives /cooperatives • Issued $138,000 in fines Collective - Backed Initiative — Santa Ana Medical Cannabis Restriction and Limitation Initiative Summary — • Repeals the City's prohibition of medical marijuana dispensaries CITY COUNCIL MINUTES 14 JUNE 3, 2014 1 OA -14 • Allows collectives with ministerial permit issued by the Planning and Building Agency • Authorizes a minimum of 22 dispensaries with future increases based on a population formula (1 dispensary per 15,000 residents) • Contains limited land use / zoning regulations • 500 -feet buffer from schools (K -12) — no buffer from homes or parks • Permitted in all commercial, industrial and professional zones • Does not address mobile dispensaries or cultivation • Limits the City's ability to assist in the enforcement or to investigate, prosecute, or participate in any task force related to medical marijuana laws • Taxing method creates substantial issues within the City's tax code • No regulation regarding distribution of facilities (green light district) • No maximum number of facilities (minimum of 22) • Definitions of collectives and cooperatives results in smaller operations (more than 1 but less than 5) being unregulated • Permitted in all commercial, industrial and professional zones • Limited separation from sensitive uses (parks, schools, etc.) • Ministerial approval process (no noticing or public hearing required) • Limited /vague regulations regarding on -site security • Causes a number of issues related to the Business Tax Code as it relates to both medical marijuana and other businesses Options to Proceed • Three options to proceed: • Option #1 — Take no further action • Option #2 - City Initiative to ban dispensaries • Option #3 - City Initiative to regulate dispensaries Option #1 — Take no further action • Staff will continue to enforce the existing ban on medical marijuana dispensaries contained in Article XIII of Chapter 18 of the Santa Ana Municipal Code • Collective- backed initiative will be on the November 2014 ballot • If the initiative passes, the City will be required to implement the regulations contained in the new initiative Option #2 — City Initiative to Ban • Propose a ballot measure that affirms the City's existing ban on medical marijuana dispensaries • Include language to clarify that the ban will apply to mobile dispensaries and cultivation • Would not prohibit medical marijuana from being prescribed and /or distributed by State - licensed clinics, health care facilities, residential CITY COUNCIL MINUTES 15 JUNE 3, 2014 1 0A -15 care facilities for the elderly or residential hospice or home health agencies Option #3 — City Initiative to Regulate • Propose a ballot measure that permits medical marijuana collectives, but with additional regulations not contained in the collective- backed initiative: • Limit permitted zones to industrial only (M1, M2) • Set a maximum number of dispensaries (8) • Establish distance / separation requirements from sensitive uses and residential properties • Establish certain operational requirements (security, signage, lighting, hours of operation, etc.) • Establish Business License Tax, licensing, registration and minimum basic tax amount • Would not prohibit medical marijuana from being prescribed and /or distributed by State - licensed clinics, health care facilities, residential care facilities for the elderly or residential hospice or home health agencies Fiscal Implications • City sponsored initiative would: • Include sufficient definitions to address the variety of medical marijuana business models (Non - profit, LLC, etc.) • Include definition and tax rate for cultivation (although not permitted) • Include a scalable gross receipts tax rate that could be modified by the City Council • Require monthly remittance of business tax rather than quarterly Revenue Projections • The following projections are estimates based on the experiences of other California cities that currently permit, but regulate, collectives. Gross Receipts Tax Revenue" 1% $15,000 2% $30,000 Planning Annual $45,000 4% Business License Tax 5% $75,pg6 , Compliance Planning Percmit. Business License Tax Minimum Be sic Tax Lacal State Sales Total Fixed 9 % Fee (CUP) Registration ation &3tate Fee $150,Dao Tax @1 %' Revenue Inspection $2,000 510,000 $33 $2,000 $15,OahD $29,033 Gross Receipts Tax Revenue" 1% $15,000 2% $30,000 3 % $45,000 4% $60,000 5% $75,pg6 , 6 % $90,000 7 % $105,000 9% $120,090 9 % $135,DaD SD% $150,Dao "Based on estimated annual gross .s les of $1.5 mllllon Staff Recommendation SOWUI Per D5spcnsary $109,09'4' x S Dispensarles Total) $83P,Pfi4 CITY COUNCIL MINUTES 16 JUNE 3, 2014 1 0A -16 • Recommend to place a competing initiative on the November ballot to regulate medical marijuana collectives /cooperatives • Would allow for a limited number of collectives in narrowly defined areas with buffers from homes, schools and parks • Provides strict operational standards • Requires that collectives be subject to a public hearing for approval • Could provide additional funding resources for enforcement activities Next Steps • Provide direction to staff • Option # 1 — Take no further action • Option # 2 — Competing initiative to ban • Option # 3 — Competing initiative to allow, but regulate Initiative Comparison — FYFi"iL•'FTTm ",aco deand maims o adequate seckr ty on the Alarm System. S ecusrey IIfecuroi Plan pmmd,vs ncludnghghu ngaad alarms reasonably Li reared unformed security guard during operenng hours'. Required 'de geed ca ensure safety mf pecconi ad protect- 4id e. asna 11 ance fmm theft:` - M,in mun lighting: HeursafOp ... clam No restrictions ventilation System No requeeer,id Signage No signage restrictions Annual gepertngl Renewal every 2 yeacs Compliance Inspections'. Directoq officer or senior general manager of the Background Rertrietiens collective or cooperative must provide a list of any felonyconviSsions for crimes of violance, laraeny,or fraud within the last 10 years M ne,PArmheacal Yes with ;a parvart or guardian Monday - Saturday 10:00am - 11:00pm Sunday 11:00am -7:00p re Separate vent lat on s,tc..re, hired. Outdoor signage on Medical Marijuana: shall not contain pictorial represeuaations ofthe marijuana plant or pictorial reconstruction of marijuana use Comparison — Development Standards Annual complarre ir,rati dnsrequred Lmployees, managers or volunceecs may not have beam convicted of, or plead guilty /no- contest to a felony or misdemeanor drug charge within the past 4 years. No one under 1$ is pcare tted CITY COUNCIL MINUTES 17 JUNE 3, 2014 1 0A -17 pll oammereial Zones.. Zones Permitted All Industrial Zones; H'ofessianal Zane Distance/ Separation 600- feetfram: Requirements Schaal, (grades K -12) Number Of establishments.: Separation from other dispensaries Grow marijuana On Site Permit fApproval Process M n mum'af 22 No separation requirements Yes Ministerial "Notice of Completed Registration" Industrral Zones M I, M2 1,000 feet from: Resid.tial zones Park, Schools 125 feet from: A freeway or designated principal arterial (Master plan of streets and highways) Mazimiou of 1,000 feet from another Medical Marijuana dispensary No Conditional Use Permit (public notice / hearings Mayor Pro Tern Tinajero noted that current Moratorium has not been successful; listed disadvantages; if City does not take action the voters will only consider a measure that is not good for the City — does not limit the number and not written by elected officials that have the best interest of the community; City proposed initiative would allows us to have control and limit the number of dispensaries and generate revenue; code enforcement needs to address other quality of life issues; propose 12 dispensaries in the City; fact that we don't have enough staff to address the current number of illegal businesses is reason for competing ballot measure on the November 2014 ballot. Councilmember Reyna asked what formula used to derive safe guards and number of establishments to allow. Acting Director Haluza explained the allowable area and that additional facilities could be added, but maybe not all. City Attorney Carvalho noted that some restrictions may have to be lifted to allow for number requested by City Council. Councilmember Reyna continued and noted that criteria could be reconfigured, but would have to be analyzed; buffer for schools and sensitive areas has already been incorporated into proposed location map; location criteria is most important in determining the location of dispensaries; would like to stay true to the restrictions set by Council and willing to allow a few more dispensaries to be added. Councilmember Benavides opined that no action should not be an option but would like to discuss measure to ban dispensaries. Acting Planning and Building Director Haluza indicated that in 2007 the City considered health related issues such as Hooka parlors. Spoke of the less that desirable effects of these type of businesses. What are the secondary impacts to the businesses if they are allowed? Police Chief spoke of profile of individuals that frequent business; general demographic is young CITY COUNCIL MINUTES 18 JUNE 3, 2014 1 0A -18 20 year olds that don't appear to have medical issues. Considered with complaints received from members of the community, number of robberies and have posed negative quality of life to the neighborhoods. Do not have the resources to address the problems and support the regulations. Spoke of cities of Garden Grove and Lake Forest's efforts to close down businesses. City Attorney Carvalho indicated that cities can make own land use decisions; Collectives could be in operation right now; but dispensaries are different (store fronts); Lake Forest has spent millions of dollars to close down, while other cities have regulated. The Attorney General has guidelines to allow Collectives and some businesses have tried to comply with those regulations, while other area not. City has enforcement options. Asked what the enforcement plan was to address the business and staff to present the cost of regulating /enforcing the impacts associated with a City initiative. City Manager Cavazos indicated that it is estimated at $1,000,000 collected that could be used by Code Enforcement and Police department staff. Councilmember Benavides concerned that City changing law and would be pre- mature to allow dispensaries. Supports ban on establishments. Police Chief Rojas indicated that City currently does not have successful enforcement program and would be difficult to enforce regulated business. Councilmember Amezcua noted that option 1 is not an option. Mayor Pro Tern Tinajero said that currently it is a quality of life issue because we don't regulate and operating close to homes and other businesses, but if regulated would be controlled; if more resources available City could enforce. City has qualified Voter Initiative and City must take action; out of neighborhoods and schools. Also, youth of today is different than in the past. Councilmember Benavides opined that option 1 is not an option; supports an outright ban. Concerned that City does not have a plan in place to address issue or regulate businesses. Motion to support Option 3. Mayor Pro Tern Tinajero proposed ballot initiate to allow up to 12 Collective. Councilmember Reyna supports staff proposed guidelines and 1,000 feet from other dispensaries. Councilmember Reyna also noted that measure will make jail solvent. Mayor Pulido noted that qualified voter initiative on the ballot and City must be proactive and attempt to develop better regulated initiative. Asked staff to evaluate the enforcement needs and impacts associated with a City initiative on medical marijuana, including how the City proposes to utilize the estimated tax revenue generated by such a measure. City must have enough to recover enforcement cost for entire City. US Congress proposing change at the federal level to respect state laws as it related to medical marijuana. CITY COUNCIL MINUTES 19 JUNE 3, 2014 1 0A -19 MOTION: Direct staff to prepare necessary documents to place a competing ballot measure on the November 2014 ballot regarding medical marijuana collectives /cooperatives. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Reyna Amezcua, Pulido, Reyna, Tinajero (4) Benavides (1) None (0) Martinez, Sarmiento (2) 75A. CONTINUED 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 E. 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. At the May 6, 2014 City Council Meeting, Mayor Pulido opened the Public Hearing. There were no speakers and the Hearing closed. Continued from the May 6, 2014 City Council Meeting by a vote of 7 -0. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2014 -028 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2014 -01 AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2010 -01 AND APPROVING THE MITIGATION MONITORING PROGRAM FOR THE PROPERTY LOCATED AT 555 EAST MEMORY LANE 2. Place ordinance on first reading and authorize publication of title. CITY COUNCIL MINUTES 20 JUNE 3, 2014 1 OA -20 ORDINANCE NO. NS -2863 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED AT 555 EAST MEMORY LANE FROM SUBURBAN APARTMENT (R -4) TO SPECIFIC DEVELOPMENT NO. 87 (SD -87) (AA NO. 2014 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 87 (SD -87) FOR SAID PROPERTY MOTION: Amezcua SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) JOINT SESSION OF THE CITY COUNCIL AND THE SANTA ANA FINANCING AUTHORITY 80A. RESOLUTIONS EXECUTING AGREEMENTS AND FINANCING DOCUMENTS RELATED TO DEFEASE (RETIRE), REFUND, AND AMENDING BOND SERIES 1994A, 2004A, 1998, AND 2007 LEASE AGREEMENT OF POLICE ADMINISTRATION, HOLDING FACILITY AND CITY HALL FOR THE PARKING STRUCTURE — Finance and Management Services li7101110JdA 1. Adopt resolutions. RESOLUTION NO. 2014 -029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF CERTAIN LEASE FINANCING DOCUMENTS IN CONNECTION WITH THE DEFEASANCE OF A PORTION OF THE SANTA ANA FINANCING AUTHORITY POLICE ADMINISTRATION AND HOLDING FACILITY LEASE REVENUE BONDS, SERIES 1994A, AND THE DEFEASANCE AND REFUNDING OF THE OUTSTANDING CITY OF SANTA ANA CERTIFICATES OF PARTICIPATION (1998 CITY HALL EXPANSION PROJECT) AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO CITY COUNCIL MINUTES 21 JUNE 3, 2014 1 OA -21 RESOLUTION NO. 2014 -030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO THE LEASE AGREEMENT RELATING TO THE FINANCING AND REFINANCING OF THE PARKING STRUCTURE ADJACENT TO THE STATE APPELLATE COURT BUILDING IN SANTA ANA, CALIFORNIA, APPROVING FORM AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS AND APPROVING OFFICIAL ACTIONS 2. Authorize the City Manager and Clerk of the Council to execute the following documents, subject to non - substantive changes approved by the City Attorney: AGMT NO. 2014 -133 - Lease Termination Agreement AGMT NO. 2014 -133 -A - Site and Facility Lease AGMT NO. 2014 -133 -B - Lease Agreement AGMT NO. 2014 - 133 -C- Memorandum of Lease Agreement AGMT NO. 2014 -133 -D - Assignment Agreement AGMT NO. 2014 -133 -E - Letter Agreement for Purchase AGMT NO. 2014 -133 -F - 1994 Bonds Escrow Agreement 1998 Certificates Redemption Request AGMT NO. 2014 -133 -G - 1998 Certificates Escrow Agreement AGMT NO. 2014 -133 -H - 1998 Certificates Termination Agreement Form of Opinion of Special Counsel AGMT NO. 2014-133-1- 3`d Modification to 1994 Ground Lease AGMT NO. 2014 -133 -J - 3`d Modification to 1994 Lease Agreement Consent of 1994 Bond Insurer AGMT NO. 2014 -133 -K - Amended Lease (2007 City Hall Parking Structure) MOTION: Tinajero SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Pulido, Reyna, Tinajero (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Sarmiento (2) CITY COUNCIL RECESSED AT 8:10 P.M. TO THE SANTA ANA FINANCING AUTHORITY MEETING, FOLLOWED BY THE HOUSING AUTHORITY MEETING AND RECONVENED AT 8:12 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL MINUTES 22 JUNE 3, 2014 1 OA -22 WORK STUDY SESSION WS. WORK STUDY — CAPITAL IMPROVEMENT PROJECT (CIP), MISCELLANEOUS FEE SCHEDULE, AND REAFFIRMING TWO -YEAR BUDGET ADJUSTMENTS - Finance & Management Services Proposed Revisions to FY 2014 -2015 Overview Agenda • Proposed Revisions to FY 14 -15 Budget • Proposed Workforce Count and Changes • Proposed New and Modified Fees • Proposed Capital Improvement Program Revisions tot FY 2014 -2015 Total Annual B et (All Funds) Genera Fund 204,516,000 3,014,500 1,387,860 208,918,360 Water Enterprise 49,682,190 49,68,2,190 Other Enterpfllse Funds 35,689,074 100,000 35,789,074 Housing Assistance 30,316,015 30,316,015 Comimunitg Development 1$342,090 18,342,050 Special Revenue Fund 15,148,034 15,148,034 CQBG &. Other Grants 13,971,530 13,971,530 Gaipital Projects- Grants & Misc. 8,698,476 31,156,866 89,855,342 GF Related Soecial Revenues 762, 310 762.310 Totals $390,913,5 85 $3,014,500 $37,059y027 CITY COUNCIL MINUTES 23 JUNE 3, 2014 1 OA -23 Full -Time Authorized Positions 1,'700 1,500 1,600 1,100 900 700 500 FY1041 FY11-12 FY12 -13 FY13 -14* FY14 -15 272 Fire Department positions were reduced in association with outsourcing to OCFA. *One position added during FY 13 -14 FY 2014 -15 Proposed Workforce Changes • Net Additions of 2 Full -time positions • Reallocation of 12 positions • Net Savings of over $276,000 New and Modified Fees 2.2% CPI — LA /Riverside /Orange County Services Index • Five New Fees: • PBA - Permit Renewal /Extension Fee • PD — Vehicle Processing Fee - Street Closure Permit — Accelerated Processing Fee • PWA — The Depot, Event Space Rental - Suite 100 - Event Space Rental Cleaning Deposits • Modifying six existing fees: • FMSA — Credit Card Processing Fee, Extend Waiver • PD — Downtown Event Litter Control Deposit - Police Security Services — Lieutenant - False Alarm Services • PWA — Street Name Sign - Construction Inspectors Overtime Rate Next Steps • FY 2014 -2015 Budget, Capital Improvement Program and Miscellaneous Fee Schedule Public Hearing on June 17. • New Budget and Strategic Plan Implementation on July 1. Mayor Pulido asked staff to evaluate outstanding street repair needs, both on the residential and commercial /industrial side and consider whether CITY COUNCIL MINUTES 24 JUNE 3, 2014 1 OA -24 issuing a bond is needed to address these needs. Also asked for a memo to Council on the total capital dollars expended over the past 10 years. COMMENTS 90A CITY MANAGER COMMENTS • City Council recently approved bond refinancing that will garnish $3M in savings over the next 10 years. • City translating the Five -Year Strategic Plan in Spanish and Vietnamese in the coming weeks. 90B CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Congratulated all graduates especially Saddleback's Roadrunners and niece Nicole for graduating from Orange County High School of the Arts; and • Happy Father's Day to colleagues and husband, Robert. Councilmember Reyna: • Asked that all conserve water and purchase drought resistant plants; • Participated in Pedestrian Safety event at Pio Pico, well attended and look forward to similar events in the future; safety education key; • El Salvador Park and Santiago Little League held movie at the park; over 100 residents participated; • YMCA started Toast Masters in 1926 and also celebration of Father's Day; • Congratulated all graduates especially Pia Brancolino for receiving her Masters from Chapman University; students to come back and invest in our community; and • Urged all to shop in Santa Ana! Councilmember Benavides: • June 15th is Father's Day and Annual Patchwork in Downtown; invited all to attend and celebrate; • Asked all to shop and support local businesses; • Art Walk is this coming weekend ; • Monthly Community Hours at Southwest Community Center on Saturday; and • Invited all to attend 4th of July at Centennial Park — picnic and enjoy family time. Mayor Pro Tern Tinajero: Reminded all to appreciate their Father's; Happy Father's Day to all; CITY COUNCIL MINUTES 25 JUNE 3, 2014 1 OA -25 • Pony All Stars and Little League Tournament of Champions occurred over past couple of weeks; also SA Pony won championship against Huntington Beach; • Congratulated AA Northeast for Winning Championship and Valley Little League for having a great season; will be recognizing them at upcoming City Council meeting; • Happy Father's Day; • Drink award winning Santa Ana water; and • Shop in Santa Ana. Mayor Pulido: • Son, Miguel Robert, graduating from High School of the Arts, David Andrew going to high school and Isabel accepted at OSHA in the acting program; • Encouraged that if you have dreams work hard to make it happen like bringing OSHA to Santa Ana from City of Los Alamitos; • Congratulations to all graduates; • Happy Father's Day; and • Adjourned in memory of former Fire Chief Reimer. ADJOURNED- 8:43 P.M. - The next meeting of the City Council is scheduled for Tuesday, June 17, 2014 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Former Santa Ana Fire Chief, William J. Reimer (Fire Chief 1979 to 1986) 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 26 JUNE 3, 2014 1 OA -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: ORDINANCE SECOND READING: ORDINANCE REPEALING SANTA ANA MUNICIPAL CODE CHAPTER 10, ARTICLE XII, PERTAINING TO PROXIMITY RESTRICTIONS FOR REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On June 3, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5- 0(Martinez and Sarmiento absent): ORDINANCE NS -2862 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES FISCAL IMPACT There is no fiscal impact associated with this action. l_ Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2862 11 A -1 11 A -2 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 10, ARTICLE XII OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO PROXIMITY OF REGISTERED SEX OFFENDERS TO CHILDREN'S FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 4, 2012 the City Council of the City of Santa Ana (the "City Council ") adopted Ordinance No. NS -2832, amending Article XII, sections 10 -700 to 10 -706 to the Santa Ana Municipal Code, thereby adding additional regulations which restrict the proximity of registered sex offenders to children's facilities. B. The California Court of Appeal decisions in People v. Godinez (2014) WL 99188 and People v. Nguyen (2014) 222 Cal.AppAth 1168, held that local ordinances regulating and restricting access to parks and other public facilities by registered sex offenders conflict with, and are preempted by, California state law because of the comprehensive regulatory scheme set forth in the California Penal Code (including Penal Code §§ 290 through 294 and Penal Code §§ 626.81, 653b, 653c, 3000.07, 3003.5, 3004, and 3053.8). C. On April 23, 2014, the California Supreme Court denied the petition for review of the Court of Appeal decisions in Godinez and Nguyen. As a result, the Court of Appeal rulings are final. D. Chapter 10, Article XII of the Santa Ana Municipal Code restricts sex offenders from accessing certain public facilities in a manner similar to those ordinances at issue in both the Godinez and Nguyen cases. Because both of these ordinances were invalidated based on preemption grounds, the Santa Ana restrictions are effectively preempted as well. E. The City Council of Santa Ana thus hereby adopts this Ordinance to conform to the California Court of Appeal decisions and to avoid litigation with any person or organization seeking repeal of city Ordinance No. NS -XXX 11 A -3 Page 1 of 3 ordinances which are not consistent with the rulings of the Godinez and Nguyen cases. Section 2. Chapter 10, Article XII of the Santa Ana Municipal Code is hereby deleted in its entirety to read as follows: Secs. 10- 700 -10 -706. Reserved. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney AYES: NOES: ABSTAIN NOT PRESENT: Ordinance No. NS -XXX Page 2 of 3 Councilmembers Councilmembers Councilmembers Councilmembers QQE! Miguel A. Pulido Mayor 11 A -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on June 17, 2014, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 Ordinance No. NS -XXX Page 3 of 3 11 A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: ORDINANCE SECOND READING: REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED AT 555 EAST MEMORY LANE FROM SUBURBAN APARTMENT (R -4) TO SPECIFIC DEVELOPMENT NO. 87 (SD -87) (AA NO. 2014 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 87 (SD -87) FOR SAID PROPERTY CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On June 3, 2014, the City Council introduced first reading and authorized publication of title for the following Ordinance by a vote of 5- 0(Martinez and Sarmiento absent): ORDINANCE NS -2863 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED AT 555 EAST MEMORY LANE FROM SUBURBAN APARTMENT (R -4) TO SPECIFIC DEVELOPMENT NO. 87 (SD -87) (AA NO. 2014 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 87 (SD -87) FOR SAID PROPERTY FISCAL IMPACT There is no fiscal impact associated with this action. R ZD - Al--<o�,% Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2863 1113-1 11 B -2 ORDINANCE NO. NS -xxx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING THE TOWN AND COUNTRY MANOR PROPERTY LOCATED AT 555 EAST MEMORY LANE FROM SUBURBAN APARTMENT (R-4) TO SPECIFIC DEVELOPMENT NO. 87 (SD -87) (AA NO. 2014 -01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 87 (SD -87) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2014 -01 has been filed with the City of Santa Ana to change the zoning district designation of certain real property located at 555 East Memory Lane from Suburban Apartment (R-4) to Specific Development No. 87 (SD -87). The Specific Development No. 87 zoning district (SD -87) would allow the Park View at Town and Country Manor tower to be built on a 2.5 acre section of the site that is located at the southwest corner of the campus. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 14, 2014, on Amendment Application No. 2014 -01 and decided to recommend that the City Council adopt an ordinance approving Amendment Application No. 2014 -01, which is consistent with the General Plan. C. This Council, prior to taking action on this ordinance, opened a duly noticed public hearing on May 6, 2014, and at that time continued the matter to a future meeting. On June 3, 2014, the City Council considered all testimony, written and oral, related to this ordinance. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 6, 2014, and the Request for Council Action dated June 3, 2014, accompanying this matter. E. For these reasons, and each of them, Amendment Application No. 2014 -01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Ordinance No. NS -XXX Page 1 of 11 B -3 Section 2. The City Council has reviewed and considered the information contained in Final Environmental Impact Report No. 2010 -01 prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Final Environmental Impact Report No. 2010 -01 meets all requirements of CEQA. Pursuant to Title XIV, California Code of Regulations ( "CCR ") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 555 East Memory Lane in Santa Ana is hereby reclassified from Suburban Apartment (R -4) to Specific Development No. 87 (SD -87). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 87 (SD -87), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2014. Ordinance No. NS -XXX Page 2 of 8 11 B -4 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney A Ryan O. Hodge 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 Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11B-5 Ordinance No. NS -XXX Page 3 of 11 B -6 rerR!Fru Aw.M �_ GARDEN GROVE FREEWAY n0- GrbnEtln E 4 , HAwwPH INVNM i !W4%VaW FCGBM1CL916 ] ewmar NGRESOLU'10. NO ORDINA ENO OR OFTE OF -T 0.4 4 SmOIA FOR DIE NAP SECTIC3NAL Zoning District EIYCE i I ISA4 JR UHLFECORDR THE EMTAMNCIR OWRJCTCIASiIFCATON TOR hti PROPERTKS INCL'JOEO H!"ON ITT1 pl GENfRPLAGRICULTURAt C.SN SOUTH NRIN STREET CCMAERCNL DISTRICT PD FggNNE11 DEVELOP11EN1 S1 w -0RW nrnw...m nNU 8 PARNINGMOgFICAMIN i FLOOR AREA RATC PRO PLANNED R£SIDENIAL OFVEI OPMFNT �.1lAVRar P CCLIATJNITY COHKIERC4L W GOWFINMENTCENTER RI SINGLE- FAHIILY RESIDENC F ^w® +w Cl# CS OCMHNNITY COMNERCIALY SEUM M571UC'T GENERALCWWERLIAL M1 UZ W.rINWSTRNL HEAWINDUSTRVL M R) WA FALW RESIDENCE MOLTMLE- FAYYLY RESWFNCE rrr.Prcyrq lU. W'[G ir.in �µ a e+•.rer'r-wrl..ew . w r..T a Hlwe u.nlnnnr n.-mr C] LENTRAIOUBINEE3 MO MI4TARY OPERATIONS RA YIBURBAN APARTMEM w Pnt vaF C] -A CENTR4L WOMMESS- ARTISTS'VIWGE O WEN SPACE RE RESICENTMLESTATF s< CA Cl % ED VOPPrNO CENTER ARTERNLGdAAERCIAL -OZ P OVERLAY ZONE PROFESSIONAL S0 SP SPECIFIC OEYELOPMENT SPECVflC PLAN CA COMMERCMLRE51DENTIPL nO PLANNEO COMMUNRY OEVELOPMENT y.ry py wr, 14.1 n pyArW pl! , A,Y�n vN YAVwPNiF Al1.4A aunt nu an un olo ..nlw ��Ha � - - — /WwYWfa 1 -I -N �rbli rl 11r'i 5<Alr Exhibit A 11 B -7 SECTIC3NAL E31STRICT MAP 311-4-9 PREPARED BY THE PLANNING DIVISION CITY OF SANTA ANA CALIFORNIA Exhibit A 11 B -7 11 B -8 SPECIFIC DEVELOPMENT PLAN NO. 87 Town and Country Manor SECTION 1— APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 87 for the Town and Country Manor project site is authorized by Chapter 41, Division 26 Section 41 -593 et seq. of the Santa Ana Municipal Code. SD No. 87 contains the specific standards and regulations contained in the residential and commercial districts, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless superseded by regulations contained in this ordinance. SECTION 2 — PURPOSE The Specific Development Plan No. 87 for the Town and Country Manor campus consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses permitted in Specific Development No. 87 The following uses are pennitted in the SD -87 district: (a) Continuing care residential facilities for seniors including: (1) Independent living facilities (2) Congregate care facilities (3) Assisted living quarters (4) Skilled nursing facilities (b) Churches and chapels (c) Child care facilities SECTION 4 — Uses subiect to a conditional use permit in Specific. Development No. 87 (a) Continuing care residential facilities for persons other than senior citizen (b) Wireless communication facilities EXHIBIT 11 Page 1 of 4 Exhibit B 11 B -9 SECTION 5 — Minimum lot area in Specific Development No. 87 Lots shall have a minimum lot area o£8 acres. SECTION 6— Minimum street frontage in Specific Development No. 87 Lots shall have a minimum street frontage of least 250 feet. SECTION 7 — Building height in Specific Development No. 87 No structure shall exceed 125 feet in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 — Lot coverage in Specific Development No. 87 No more than 60 percent of the lot shall be covered by structures. SECTION 9 — Front yards (Lawson Way) in Specific Development No. 87 There shall be a front yard of not less than 17 feet from the street. SECTION 10 — Side yards (Memory Lane) in Specific Development No. 87 There are no side yard requirements, except that on comer lots the side yard adjacent to the street shall have a side yard of not less than 20 feet. SECTION 11 — Rear yards in Specific Development No. 87 There are no rear yard requirements, except that rear yards adjacent to a residential use shall have a landscaped setback of at least 5 feet. SECTION 12 — DeyClOpmept standards in Specific Development No. 87 Lots in the SD No. 87 zoning district shall comply with the following standards: (a) Front and street oriented side yards shall be landscaped with the exception of approved driveways and sidewalks. (b) A landscaped planter not less than 10 feet in width is required along any property line that abuts any property which is neither zoned or has a general plan land use designation. (c) All storage shall be conducted within a completely enclosed building. Page 2 of 4 11B-10 SECTION 13 — Parkine standards in Specific Development No. 87 Off - street parking in the SD -87 zoning district shall comply with the standards set forth in Article XV (Off - Street Parking) of the Santa Ana Municipal Code except for the following: (a) The minimum off - street parking requirement for senior citizen establishments, pertaining to spaces reserved for residents who are 55 years of age or older, are as follows: (1) One space for each one bedroom unit and one and a half (1.5) spaces for each two bedroom unit. (2) Of the spaces required by subsection (a), at least one space shall be in a garage or under a carport. (3) In addition to subsection (a), guest parking spaces shall be provided in an amount not less than 15 percent of the required parking under subsection (a). SECTION 14— Sienaee standards in Specific Deveiopment No. 87 Lots in the SD No. 87 zoning district shall comply with the following standards: (a) Signage shall comply with the standards set forth in sections 41 -850 through 41 -1000 of the SAMC, with the exception of the standards identified below. (b) One freestanding sign identifying the facility can be located on Lawson Way and may be a maximum of 18 linear feet (height plus length of sign). SECTION 15 — Landscape standards for Specific Development No. 87 In the SD No. 87 zoning district, all yards shall be landscaped. The site shall comply with the following minimum requirements: (a) Front /side yard facing a street: (1) Two 24 -inch box canopy trees. (2) All trees shall be double- staked. (3) Six five - gallon size shrubs and 10 one - gallon size herbaceous perennials/shrubs as a foundation planting. Page 3 of 4 11B -11 (4) Turf or acceptable dry climate ground cover: i. Turf shall be drought tolerant variety and planted as sod or hydroseed. ii. Ground cover shall be well - rooted cuttings from flats and planted at appropriate spacing for that particular plant material. (b) Irrigation systems: (1) A pop -up sprinkler type irrigation system shall be provided for all yards (2) The use of "xeriphytic" or dry climate type plant materials is encouraged. Irrigation systems may require special fittings to properly water dry climate plantings. (e) Screening: (1) All meters shall be appropriately screened from public view with trellis work and vines or a hedge type shrub or they shall be incorporated into the structure. (2) Any enclosed structure for utilities must not encroach into any required setback. (d) Maintenance: (1) All plant material shall be maintained per section 41 -609 of the Santa Ana Municipal Code. Page 4 of 4 11B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT AMENDMENT WITH CENTRAL PARKING SYSTEMS INC. FOR PARKING ENFORCEMENT SERVICES CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0:3 =i0=1 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a two -year agreement amendment with Central Parking Systems, Inc. to provide parking enforcement services, in an amount not to exceed $1,401,730, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $480,000 in the Parking Fines revenue account (no. 01114002 55000) and appropriating same to the Traffic Division Contract Services expenditure account (no. 01114405 62300) and the General Fund Non - Departmental Reserve Appropriation account (no. 01105015 69011). DISCUSSION In April 2012, the City released a Request for Proposal (RFP) soliciting quotes from private companies for parking enforcement services to cover the City's seven street sweeping routes. The RFP was issued in an effort to provide parking control services to the City's street sweeping operation. Six vendors responded to the RFP and Central Parking Systems received the highest overall ranking as a result of their proposal and interview. The current agreement includes eight parking control officers to cover the City's seven street sweeping routes, and is in the amount of $410,549. As stipulated in their agreement, the vendor requested a 2% CPI increase and staff was able to negotiate a 1.5% CPI increase ($40,894). The Police Department recently requested a proposal from Central Parking to provide four part-time parking control officers to enforce various municipal code parking violations, including permit parking. This agreement amendment includes $158,005 to fund these additional resources, and includes a 15% contingency ($91,417) to cover unforeseen parking control needs as the Police Department looks at ways to provide the community with an effective and balanced parking control program. The new proposed agreement amount is $700,865 annually or $1,401,730 for the two -year term. These additional parking resources will generate an additional $480,000 annually for the City General Fund. 20A -1 Agreement Amendment for Parking Enforcement Services June 17, 2014 Page 2 For the past two years, Central Parking Systems has provided excellent service and has demonstrated the organizational credentials, resources and staff experience necessary to meet the City's high customer service expectations. Staff recommends extending the agreement with Central Parking Systems, Inc. for an additional two -year term. FISCAL IMPACT The appropriation adjustment will recognize $480,000 in the Parking Fines revenue account (no. 01114002 55000) and appropriate same to the Police Department Traffic Division expenditure account (no. 01114405 62300) and the General Fund Non - Departmental Reserve Appropriation account (no. 01105015 69011). Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency r 20A -2 FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF PARKING CONTROL ENFORCEMENT SERVICES THIS FIRST AMENDMENT to the Agreement for parking control services, made and entered into this 17th day of June, 2014 by Central Parking System, Inc., a Tennessee corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. On July 16, 2012, the parties entered into Agreement #A- 2012 -165 an Agreement for provision of parking control enforcement services after a Request for Proposal ( "RFP ") determined that contractor had the best quality services at minimum costs to the City. The Agreement was for a term of two (2) years with three (3) additional two - year periods, for a maximum of eight (8) years. The agreement also provided for an annual adjustment of parking control charges (not to exceed 2 %) upon agreement of the parties. B. The parties wish to exercise the first two (2) year extension of the agreement and increase the annual not to exceed amount of the Agreement by 1.5% ($40,894). C. The parties also wish to increase the agreement amount to include four (4) part -time parking control officers to enforce various municipal code parking violations, including permit parking at a cost of $158,005 annually and to add a 15% contingency to cover unforeseen parking control needs. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 2a. COMPENSATION, shall be amended as follows: To increase the annual contract amount from $410,548.82 to $700,865.00 per year for a total amount of $1,401,730.00. 2. Section 4. TERM, shall be amended as follows: Pursuant to the terms of Section 4, City exercises its option to extend the term of the Agreement for a two (2) year period beginning June 30, 2014 and terminating on June 30, 2016. 3. The parties further agree that, except as indicated above, all other provisions of the original Agreement remain in full effect. 20A -3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police 20A -4 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTRACTOR Central Parking System, Inc. James H. Bond Executive Vice President Tax ID# 62- 0789510 Seth Shurtleff VP & Regional Manager Approved as to Form: By: Tracy H. Pelham Associate Counsel REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE AGREEMENTS WITH POWERLUX CORPORATION, CALIFORNIA PROFESSIONAL ENGINEERING, AND SOUTHERN CALIFORNIA EDISON FOR LED STREETLIGHT IMPROVEMENTS �J CITY MA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney: a) Amend the Agreement with Powerlux Corporation to provide an additional 231 LED Post Top streetlights for an amount not to exceed $78,506. b) Execute an agreement with California Professional Engineering, Inc., to rewire existing high - voltage streetlight system and install LED post top fixtures for an amount not to exceed $512,450. c) Execute an agreement with Southern California Edison to provide funding through on -bill financing for the LED streetlights. Approve an appropriation adjustment recognizing up to $230,000 in funding from _Southern California Edison into the SCE Energy Efficient Street Lighting revenue account, and appropriating the same amount to SCE Energy Efficient Street Lighting expenditure account for the installation of LED streetlights. DISCUSSION To advance the City's energy efficiency goals, a program was implemented to replace all City - owned streetlights with energy- saving light- emitting diode (LED) lamps. In August 2011, City Council approved a pilot program that installed 253 LED streetlights on Main Street and Edinger Avenue. In January 2012, City Council awarded a follow -up project that replaced 1,123 lamps at signalized intersections citywide. Funding for these projects was supplemented through the Southern California Edison (SCE) On -Bill Financing (OBF) Program. This program provides zero - percent- interest financing for eligible energy- reduction projects, and arranges for repayment using energy bill savings. 20B -1 Agreements with Powerlux Corporation, for LED Streetlight Improvements June 17, 2014 Page 2 There are areas in the City's street lighting network, however, where upgrading to energy- efficient standards requires additional work. Installed in the early 1920s, these high - voltage circuits and low amperage systems are obsolete and have been a constant source of maintenance problems. Additionally, the unique incandescent lamps used in the historic post top streetlights (Exhibit 1) are not energy efficient and have a very short life, requiring annual replacement. In 2010, Philips Corporation - -the only remaining manufacturer of these incandescent lamps- - stopped production, leaving the City with a depleted inventory of replacement lamps and no supplier. In 2011, staff began using conversion kits that reduced the high voltage to conventional levels at each streetlight. However, that manufacturer went out of business, forcing the City to accelerate upgrading the streetlight system. In 2013, staff identified a twofold project to replace the historic streetlights and rewire the high - voltage system. First, a Request for Proposals (RFP) was issued in March 2013 seeking qualified vendors to provide the specialty post top LED lamps. Through the contract awarded to Powerlux Corporation, the City is able to purchase the lamps directly from the manufacturer at a 30 percent savings. The contract also provides the option to purchase additional streetlights at the reduced rate as funding becomes available for future projects. For the second part of the project, in June 2013, City Council authorized the Public Works Agency to prepare an RFP for the design and construction of streetlight upgrades at various locations, including the North Park and North Residential high - voltage circuits. These are the last of the high - voltage systems in the city. The scope of work includes rewiring to a modern 240 -volt system, installing LED lamps in the historic streetlight posts, and establishing new SCE service connection points. The RFP was posted on the City's website on April 24, 2014, with the following results: 2 Proposals received 0 Proposals received from Santa Ana vendors* * LED streetlights are a specialized industry. There are no qualified firms in Santa Ana producing or installing LED streetlights. The proposal evaluations were based on four factors: the proposer's experience, ability to perform, past performance on similar projects, and the proposal base price. The final ranking is as follows: Proposer Proposal Amount Rank California Professional Engineering, Inc. $512,450 1 Aegis ITS $540,770 2 20B -2 Agreements with Powerlux Corporation, for LED Streetlight Improvements June 17, 2014 Page 3 Staff recommends awarding the contract to design and construct the street lighting upgrades to California Professional Engineering, Inc., the lowest bidder, in an amount not to exceed $512,450. Staff is also recommending purchasing the 231 post top LED streetlights needed for this project directly from Powerlux Corporation, at a 30 percent savings, through an amendment to the existing agreement in the amount of $78,506. The estimated total project cost is $610,956, which includes a $20,000 contingency (Exhibit 2). Modernizing these high - voltage circuits is a complex and costly undertaking. To supplement and leverage City funds, staff has applied for the OBF financing successfully used in previous LED replacement projects. Because of its energy efficiency components, this project is eligible and has received preliminary SCE approval for funding totaling $202,349: $183,919 in OBF financing; and $18,430 in energy efficiency cash incentives, a benefit of the City's participation in the SCE Energy Leader Partnership. Due to the high cost of rewiring the North Park circuit, a ten -year payback period is projected for the OBF- financed portion of the project cost. All SCE funding amounts are preliminary estimates. Final SCE funding will be based on actual energy savings measured after the project is completed. In anticipation of greater energy savings than expected, staff is recommending recognizing up to $230,000 in SCE funding. Funding for the remaining $408,607 is budgeted in the General Fund Street Lighting account (Exhibit 2). Replacement of the incandescent lamps with energy- efficient LED streetlights will reduce the City's estimated annual energy consumption by over 67,000 kWh. At the end of the OBF payback period, this project is estimated to reduce General Fund energy costs by approximately $10,590 annually. ENVIRONMENTAL IMPACT A Categorical Exemption (ER- 2014 -26) has been filed for this project. FISCAL IMPACT Loan proceeds received through the SCE On -Bill Financing Program will be deposited into the SCE Energy Efficient Street Lighting revenue account (16217002- 57384) and appropriated into the SCE Energy Efficient Street Lighting expenditure account (16217630- 62300). Funds for the balance of the project are available in Account 01117630 - 66220. Loan repayments are available in Account 01117630- 62000. Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency TITNA APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez {rr� Executive Director Finance & Management Services Agency 411W - Agreements with Powerlux Corporation, for LED Streetlight Improvements June 17, 2014 Page 4 Exhibits: 1. Photo — Typical Post Top Streetlight 2. Cost /Funding Analysis 3. Agreement Amendment with Powerlux Corporation 3A. First Amendment with Powerlux Corporation, A- 2014 -057 3B. Powerlux Corporation, A- 2013 -137 4. Agreement with California Professional Engineering, Inc. 5. Sample On -Bill Financing Agreement with Southern California Edison TYPICAL POST TOP STREETLIGHT PHOTOS EXHIBIT 1 r1- rI- COST /FUNDING ANALYSIS PROJECT COSTS California Professional Engineering, Inc. Contract Base Price $ 512,450 LED Lighting provided by the City 78,506 Contingency 20,000 TOTAL ESTIMATED PROJECT COST $ 610,956 PROJECT FUNDING CITY FUNDS (General Fund) 408,607 SOUTHERN CALIFORNIA EDISON OBF Financing $ 183,919 Partnership Incentive 18 Subtotal SCE Estimated Funding $ 202,349 * TOTAL PROJECT FUNDING $ 610,956 Final SCE funding is based on actual energy savings measured after project is completed. Council Action provides for up to $230,000. EXHIBIT 2 20B-7 ri- SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 17, 2014 by and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A -2013 -137, dated September 3, 2013, (hereinafter "said Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries. B. By Amendment dated February 18, 2014, the City and the parties extended the term of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional streetlights that will be replaced with LED streetlight luminaries and to increase compensation to pay for the additional luminaries provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights purchased by a total of 231. The section shall read in full as follows: "Vendor shall furnish and deliver to the Santa Ana City Yard; 215 S. Center St., Santa Ana, California, 645 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement. If additional funding is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal." 2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the following: "The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended under this Agreement shall not exceed $225,506 during the term of this Agreement." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 3 rI- • IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. I VIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ey: I ph Str ca ssistant City Attorney RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director - P WA 20B -10 CITY OF SANTA ANA DAVID CAVAZOS City Manager POWERLUX KENNETH LAU President Proposal for City of'Santa Ana .Request, for Proposals for LED Post -Top Retrofit Streetlights Project #I3 -009 Submitted by: PowerLux "f` Corporation Kenneth Lau, LC Factory Address: 1260 Liberty Way, Suite F Vista, CA 92081 Mailing Address: 2588 -F El Camino Real, Suite 333 Carlsbad. CA 92010 Phone: (760) 727 -2360 Fax:: (760) 434 -4766 Project Manager: Kenneth Lau, President Cell Phone: (760) 458 -8930 Email: Idpowerlux@gmail.com I am legally authorized to bind this proposal. I acknowledge receipt of all addendums. Included in this RFP is cashier's check 110230011720 for $7,700.00 for deposit bond. Kenn th Lau° Date Exhibit A 20B -11 t i' werL xl') Cmr1 tnratiutt The Brightest way to Sava; T" 1260 Liberty Way, Suite E Vista, CA 92081 (760) 727 -2360 May 6, 2013 City of Santa Ana Kurt Wiemann, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Project #13 -0096 Request for Proposals for LED Post -Top Retrofit Streetlights Dear Mr. Wiemann: PowerLLI, Corporation is pleased to submit this REP for LED Post -Top Retrofit Streetlight far the City of Santa Ana. PowerLuxo Corporation, a California certified Small Business (SBE) is based in Vista, California. We are a manufacturer of sastainable and heat sensitive energy efficient lighting products since 1994. The Company is the manufacturer of the patented PowerLux'o line ofelectronic ballasts, adaptors and luminaires for Compact Fluorescent Lamps ( "CFLs "), Eleetrocieless Induction Lamps ( "Induction ") and LEDs. PowerLuxt uses its unique and intimate knowledge ofelectronics in designing luminaires with sustainability. We also .specialize in cashnn designing and retrofitting Iwninaires for other customers including retrofitting historical street lamps in the City of Orange and City of Riverside. Conversions have led to high energy savings while maintaining the distinct image of each locale. PowerLuxu' has also completed projects for Bay Area Rapid 'Transit (BART), City of Los Angeles, University of California Los Angeles, Camp Pendleton; Walt Disney World, Macy's, Pearl Harbor, and Fashion Island Shopping Center in Newport Beach. As President of PowerLu2', I will be the primary project manager for this project. I pride myself in developing sustainable and quality lighting products that have and will stand the test of time. We look forward to the Opportunity of establishing a relationship with the City of Santa Ana. Please feel free to contact me if YOU require additional in'Fornnation or have any questions regarding this submittal. Sincerely, Kell LC President PowerLtrx'4 Corporation 20B -12 PowerLuO C'orporatiora The Brightest Way to Save! TM 1260 Liberty Way, Suite E Vista, CA 92081 (760) 727 -2360 May 6, 2013 City of Santa Ana Kurt Wiemann, Public Works Agency 3rd Floor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92702 Subject: Exceptions and Deviations Project 413 -009 Dear City of Santa Ana: PowerLux`a pioneered thermal management for electronic lighting products for over 19 years. Our Power Rimy', which we received Department of Energy grant money, was first introduced in 1994. Power Rime is a success story of DOE's invention and innovation program. As a company policy, Philips offers across the board 5 -year warranty on all LED modules. Philips is being a conservative and financially responsible 100 year old company. They are the largest foremost leader of lighting in the world. Philips is a leader in Power LED for lighting and own majority of LED patents. Based on PowerLux thermal test results on the Fortimo HBM module and the maximum temperature in Santa Ana, our findings is the Post -Top Retrofit we are offering the City of Santa Ana could have a 2 -4 times rated life. This is based on every 10 °C reduction in operating temperature; the electronics life will be doubled. The RFP asked for color temperature of 2700 — 4000K. At this time, Philips does not have stock on the 54W/740 — 4000K module. PowerLux installed a 54W/757 -5000K module for sample purpose. If we are awarded the bid, Philips will have the correct color temperature available for us to install in the retrofit. For your information, based on scotopic visual performance, 5000K will give you more depths of field and S/P ratio of 1.96 over 4000K S/P ratio of 1.61, a 22% increase in visual performance. Om' alternative bid DoraT "' LED Refractor can boost downward light by 60% due to unique Lid and prism controlled optics. This Lid can also limit the uplight and meet Dark Sky ordinance while perforated version can give decorative glow of the globe and see tree leaves too. DoraTM is a Made in USA product. City of San Marcos upscale San Elijo Town Center has The DoraTM installed. Submitted samples do not inehtde surge protectors. However, they are included in the final products. Sincerely, Ken Lau, LC President Powerl-ux"D Corporation 20B -13 ALTERNATE PROPOSAL LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL 1 I 70W EQUIVALENT- Provide Only I 140 EA I � t ,r., For Concrete Poles V 2 I 150W For Concrete Poles a Only I 120 I EA I `. � , V C) S 150W EQUIVALENT- Provide Only yq EA For Steel Poles Total Extended Cost - Written cs (o 'CQ 7 1-M 2A t`"t toorof v,c0 LEGAL NAME OF COMPANY � P ONEA4ND(�FAX�tNUM(}Bf�ERS Q5—% — T V-7 \ \ r ry � n e1`�k) ii s.A rat - t 4° \mob NAME OF AUTHORIZED AGENT TITLE Coyv SIGNATU E OF AUTHORIZED AGENT DATE E -MAIL ADDRESS ?�� (�) 10%0\ \ Lo 0- K\1 N_ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEAD STREETLIGHTS 20B -14 � ALTERNATE PROPOSAL 2 1omm EQUIVALENT-Provide Only 120 ex -�L4o PRINTED NAME OF AUTHORIZED AGENT S|GNATOREOp AUTHORIZED AGENT FEDERAL ID NUMBER (I� APPLICABLE) TITLE L\ L'MA|LxDDRESS &x/l\ CONTRACTOR NUMBER (IF APPLICABLE) I THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL.-------] PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED COBRAHEADSTREETLIGHTS ��U� �� ��U��U � EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference CustomerNameQ&-\-e1a 6r Contact lndividua,: 1�(1q�yg2 Address: \�0 Ci \� Phone Number; � , _ CI "1 C cioi `aac t C�_�( 1Ov 'acsimile Number: Contract Amount: ��C C7 i QC-)C) Year: Q 00 At, a +�Description of supplies, equipment, or services provided: \ ' Reference Customer Name:'-A L-A Address: -0 55 1 C Cr Ly i V � c1 ������ clzA\ R S ContractAmount:�(�� Description of supplies, equipment, or services provided: Contaotlndividualz .\e^�C��KCR \1�5 Phone Number: ?'f \C31 Facsimile Number:_ o �' Year: Reference �` "`_c, Customer Name; \Ckc, a � c Jcontact Individual: kZ� QS Address: Ga`D &—Q Phone Number! a '� 1'141) Contract Amount: 151(�`%(i c) Facsimile Number: Year: -C9a_ {P?—��41 Description of supplies, equipment, or services provided: f P-lz t o kxf ®v- L"Nc�..�c , THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 118 20B -16 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain: otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. ((�r Firm -i� k%L. \ rzc�rSK raac�[ n Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 119 20B -17 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE \"rcknv. acr"Q —V 1. How many years has your organization been in business in California as a coaatpaetor under your present business name and license number? \.':kCA�A If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes 'N No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. �- -t(A W((-\ M1 A Case Number Bankruptcy Court Date Filed Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes 0 No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. �, uA Case Number l � or er Bankruptcy Court Date Filed 5. Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes 9 No 6. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes Vi No 7. Has your firm ever defaulted on a contract? ❑ Yes 'Y� No If "yes," explain on a separate page. B. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from biddin on, or completing, any government agency project for any reason? 71 Yes No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes X No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 122 20B -18 10. In the past five years, has your firm made any claim against a project owner concerning work on project or payment for a contract, and filed that claim in court or arbitration? El Yes " No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond iskue,4 on your firm's behalf in connection with a project, either public or private? ❑ Yes ;8 No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the inpurance policy for your firm? r] Yes `�(l No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? [I Yes A No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state orixne of fraud, theft, or any other act of dishonesty? [] Yes No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your fine had no surety bond in place during a project when one was required? ❑ YesX No 17, Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serf us," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruler,) on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties again t the contractor or its associates in the past five years? ❑ Yes No (Note: If an appeal of the citation has been filed and the Appeals Board has riot yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its RFP FOR LED POST TOP RETROFIT STREETLIGHTS Pa e 23 20B -19 associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? E Yes �' No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS "THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 124 20B-20 05/02/2013 14:15 17607279332 POWERLUX CORPORATSCN PAGE 01/01 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the GITY,OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7100 the proposer declares that the proposal is not made In the Interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put In a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham praposat, or that anyone shall refrain from bidding; that the proposer has not in any mariner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or coat element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone Interested In the proposed contract; that all statements contained In the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Noke: The above noncolluslon affidavit Is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. affirmed) before me. on proved to me ni the \AV I z,, Notary Puloh Si6pature PROPOSALS XIAOFFI WU Commission a 1985329 Notary Public - California L05 1100 as County M .Comm. Ex 1 as, Au i 20.16. Notary Public Seal _, 20,, by IM person(s) who RFP FOR LED POST TOP RETROFIT STREETLIGHTS Page 125 20B -21 EXHIBIT CITY Of SANTA ANA REQUESTFOR PROPOSALS FOR LEO POST TOP RFTROFIT STRE57LIGHTS |vmwmumw, Company This $nd0rsomen!nwdifleemuokh6mnNnceamIsaffommUhy the pmvslo8*$f Policy # 1 The Oily of Santa Aria, its ilffiso aQmn|u v"\ootOO, And ���rOsOn%lixo� Are n*�x»mm*mnnxmno.msnrwn*\"aum/vv/"alv/nwrvV/with rwga,d' in �!!ab||dyxnddefenseof*urtGWdsingfrVno1haopwrat|vomando,wopwrh>nnwUbyoronb"kmKmf the named insured % \0ithrws taobknmd�ingout b�)�af the nmnx: insured, 'such insurance mo.�is Afforded i primary and io not additional tnnr contributing with tiny other N^u,mnuw carried byur for the bwneyilwf mamdd|f'mum|insureds, 3 This }nsu[enomaomU"8&epa,ateytowuvbmau red m ,t wh0n)cGkn|e muudHorwu|t|sbruuQMexcept w/iti`/esp$*/\4t~"0n)pm\ys |[[/lUts 0y{|mN(|Lg. T|lm\nu|um|ontKaArW*'nOrm9A"iz0tioo$$$ninovrpd $hat. riot affect arly right Which such person or rirpnizaticln YiQtjfd have as a riainiant if riot so Included. 4 \k�hr���orto|h*mddRmoel nsuredt.thWIn8urynmeohmU not hOomn00l*d reduced in or limitt except after thirty C3 diys written unpile has been olv8nt^ rho City of Santa Ana, 1U Civic Cnnfm, Ram Santa Ana, Cu!|forn|u82/01 (compiption of the followIng EMettiYe, P011oy#° issued to Courrorsignod by countersignature, k1 required k, make, 1h{mandnmmwnt � thiupnoorsemm form asaPart of -TLIWITS Page 120 OR LED POST 50'RVJRi�pff STREE Sections 2: Product Checklist Item Description Required Response Product manufacturer Yes PowerLux Corporation Product model number Yes PLED M R/P R R/DV/P R L/N R/S/9/4000/740/120-277/SA A,1 How long has your company been manufacturing LED retorflts for decorative street lights? Yes over 5 years A.2 How long has this rnodel /generation been produced? Yes Custom designed for City of Santa Ana A.4 Warranty (in years) Yes 5 years B.3 Luninalre ambient temperature range Yes -40 (min), 55 (max) C B.4 How many hours ASTM 6117 testing? Yes N/A no painted metal surface C.1 LED manufacturer and model number Yes Philips Fortimo LED HBMt 4000 35W/740 (Gen 3) C.3 CCT ( °K) Yes 4000K _. C,4 CRI Yes 70 C.5 Projected L70 life (hours) Yes 80,000 hours D.1 LPW Yes 114.29 (module) 99.26 (system) D.2 IES Photometric Testing to LM -79 Yes IES LED module photometric on flash drive D 3.a Total Luminous Output Yes 4000 D.3.b Photometric Layouts Yes Custom designed for City of Santa Ana (available after contract) E.1 Available input voltage range(s) Yes 120V -277V E.3 Driver rated life and max case temp Yes 100,000 hours and 80° C E.4 Surge protection level? Yes 10 kA and 10kV P11 NRTL File Number Yes Available from Philips F.2 Is factory 19009001? Yes Yes F.3 Is product RoHS compliant? Yes _ Yes F,4 Is product on DLC QPL? Yes N /A, custom designed for Ot of Santa Ana GA Are all requred documents included? Yes Yes 20B -23 Section 2: Product Checklist Item Description Required Response Product manufacturer Yes Powerl-ux Corporation Product model number Yes PLEDDR/ PRR/ DV /PRL/NR/S/9/6000/740/120.277/SA A,1 How long has your company been manufacturing LED retorfits for decorative street lights? Yes over 5 years A,2 How long has this model /generation been produced? _ Yes Custom designed for City of Santa Ana A.4 Warranty In years) Yes 5 years ^ B.3 Lunlnalre ambient temperature range Yes -40 (min), 55 (max) C B.4 How many hours ASTM B117 testing? Yes N/A no painted metal surface C.1 LED manufacturer and model number Yes Philips Fortimo LED HBMt 6000 54W/740 (Gen 3) C3 CCT ( -I<) Yes 4000i< C.4 CRI Yes 70 C.5 Projected L70 life (hours) Yes 80,000 hours DA LPW Yes 111,11 (module) 103.49 (system) D.2 IES Photometric Testing to LM -79 Yes IES LED module photometric on flash drive D,3.a Total Luminous Output Yes _ 6000 _ D_3.b Photometric Layouts Yes Custom designed for City of Santa Ana (available after contract) E.1 Available input voltage range(s) Yes 120V -277V E3 Driver rated life and max case temp Yes 100,000 hours and 80° C v� E.4 Surge protection level? Yes 10 kA and 10kV F.1 NRTL File Number_ Yes _ Available from Philips F,2 Is factory IS00_9_001 ?_ Yes Yes F.3 Is product RoHS compliant? Yes Yes _ F,4 Is product on DLC QPL? ry Yes I N /A, custom designed for Clt of Santa Ana G.1 lAre all requred documents included? Yes lYes 20B -24 a � °�v T � F- Z u O Qp o C �, Z NE •[U �LU LU _ (j " > z0 Q V) 7 a a u x =) °o CL = _ ? LL. F ce <C y �J O <S ti .. 6 W J o CL � Lu � o V H� U] 00�a��&2 OR 0 F`M v��-, OZa�a�•� u�J �i'u �'� Inc z�egg Qpe�0ti! q C O.08 9gAW > °��rY 3 aQa os0 oCf0 OO a�.n+ U N N3� U U 4u_ 0= Gd C�Q F Z Zp>.aZO � M zd w- z a0z0Riz Ri o CL 0Q ( a ZOO Kp O=000 :O m �xutix w UC,- OZ-'pp� u� z a�<w0,0� O w�� G a 15 W N E EiO U Omar Noi c 44.�L Oq qCi'._ TU 'OO Ca �+- '�•�"a pp FN `N Lad H'so��Q p�o WL� JW �l0 Oa�gN Lr° '00�NN C pt �u 22 QC- E'\OCC aC�N UFO ilU aoNou 13Q rcc�.SQ Piz O1t4 O-Q�.n�tEn� �nECy �oEo oW =ryry'oG ;oo°a c3 WEiyC �a`�'n�e � J VlC �ca°io Ei0S G RG�N mc3 z• -, 0 L°cAVx� Ooo�m� =O Oro �y "i U 3 .� E oas i=tltla) D°a�Ey,m -woc �,a(D crosi53 d) -- Lf1 Cq p:0 >q VL1.'r.J�3 N W.'� W.'G � N N in 2�c'ii >Q,v H• -f0 �q t9'O G'Gi MLUOU TJW� C W G k'"'NS fCS O` p PGw� PW Lf1 +N..[_�v 0.- N-O CC�J ('�/7Ga�i 'S i NO" of (l H e a c °.5 a.0 O;t i7 ill. DR JFCC+ GPo Z IO�VI 'NCS bU ui ^�N:G OJbOC�Nm?p' WW 5ra � x.* Santa Arses LED MariarM Custom Retrofit MARIATAO DIMENSIONS IES FILE PHOTOMETRIC DATA Available on request PACKING DATA 19 "x19 "x26" Weight 12lbs. jI Finial ORDERING INFORMATION and SELECTION Caldl�bgiF- PLEDMRIDVIBI91400017401120 .27718A Type ]sroNot E Clry ol'Sanfn Ann. Pro.ieot413 -009 4000 Output 34oCe Dafp , I repo, ed hy, APPLICATIONS Custom designed exclusively for City of Santa Ana SPECIFICATION FEATURES • °anm�aa:A " %,apst' "" Mada' features a traditional turn of the century shape • Available in acrylic or polycarbonate • Type V distribution, optimized for efficient light performance • Designed for pole height between 10 and 20 feet • B" or 9" base diameter • Overall weight is reduced for easy installation and maintenance • Finial available In black, gold or custom color • Made in the U, S.A. LED SYSTEM FEATURES • Thermally designed for 60,000 hours operation • Direct downward lumen: 4000 or 6000 lumens • System wattage; 35W (4000) and 54W (6000) • Efficacy: up to 111- 114lm/w • Comfortable superior quality LED light • Instant ON and instant re- strike with back -to -full brightness feature • CRI > 70 • Universal voltage 120.277V • 2 -fovel dimmable driver tip to 80% power reducer to save energy during inactive times. Works with 0 -10V control and sensor system. • Philips Fortimo LED Module is a Green product containing no mercury • Product reliability and a 5 -year Philips system warranty Philips Porlimo LLD High Brightness Module Model No. Refractor (f2R) Gisfrlbution Finial Base 4000 Output 0000 Output T e uDL Lumen Lumen _ PLEDMR Polycarbomd" (P) V Blacic (8) 8" 54WI7401S Acrylic(A) Gold (G) 9" _35WI740K 15V/757K _ 54W/757K Pad Number Example, PLEDMRIDVIB /91400017401120- 2771SA Deccriptlon, PbwerLux Santa Ana LED Marla Custom Retrofit, Polycarbonan Refractor, Dlstrlbutlon V, Bloch Finial, 9" base, 35W, 4000K 120�277V Corporation US /Manufacturer of Sustainable Energy Efficient Lighting Products 1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760 - 727 -2360 Fax: 760 - 434 -4766 Website: www.powerlux.com E-mall: klpowerlux @gmall.com P ,•x g s Products Have Stood the Test of Time! 20B -26 130506 Palenfs ro"diog Specllfoelfons subject to obsnge without pno,'rotoo ®2010 by Po,merWx Corparafloa Alttvhts,es•,vatl z st Q ® zQ. ��ro,VpC1 4Ml <r ru N N �W Q �y Z Is> �0 Q0 " NJ Cl- ,0 o J V X 0LLI LIJ IN Q �o rL ra a j w af q S O= M S C O IL <- mvC78o> � im Oho MML tin �� icii i � � a woa4� oL ==mC oVdd U.1.'uJ t7 4'h .�. g 2 Sp p y r® 2 zQ n 62 , �'z „oa O gOZp�z }mod z (100,rc atT Q �Mx y.o° -nm-.6 � 2�=Z �mc�5 z3�c f v-0,VB 8�v 0 0 z�ow o °m 3 § a- Cla��a. vv v o� a v ai ro P3 c c ,—% m F- v F'° N.`. a ° L E Z v aJ �O yj v1 � EI -IJ ro C Oi Cc°CO S I�0'o 5G '°N I'M ! O `C tV Ufi A C OG r 0,t'O L” wo o U �Ii Vii p >. G O a ,Cm imm C9cM ,'%nQ mN!a.a°umaj mu°w' ,u o ECy a�roav o aaQ�`c�rgpOp`°c3 y C #i al �ccn jGalp EU P-2 CJ Nom+ mac p UT3 c =QLo c3o N �gp,fi rid— °douu3p� a° till r4 C ( O u a P2 G F,.M dY G% .° .N H!^ �?� O$Ta2'2in OO ,w,u O'c G�i1;4W� 41 - vpoc¢�cc� Vl c .� v s +- m o IE o 0o NZ R � m O W4�-. U.O V��c dj '- 6 41 c_ G ®p m in = u c O (�,' � iU ^C m J - 4 'G .A CS �,r' O's ,G � 2 m��z u�a wa°Fcw e��i 8'n E�H m' OQ PowerLuxO Santa Ana LED Dora' Custom Retrofit DORA1. ASSEMBLY Reflector Lids µ.... clamp Band IkMxcem.. -u+, A . ..... ....- .._ .... . spike Flnlel (Aeeesmry) 4n +------ - - - - -- Flame Finial(Accamory) Clear, Prlamalir. Acrylle ar Polycaifiante Top PerPol'et d of Nn lated Rofloctor Lid (Asessary) vlq "' f s t CI ®ar, Pdsmafk Acrylle or - Polycarbonato Rafrador E lJr� e" or 9" base ';9 + --- -- Neck Ring (Accessory) IES FILE PHOTOMETRIC DATA Available on request PACKING DATA 19"x19 "x28" Weight 121bs. ORDERING INFORMATION and SELECTION H! ,0 ?- PLEDDRIPRRIDVIPRL INRISI9160000401120- 2771SA Distribution T e D S a �uji6 �i P( City of Sent¢ Ana Project N13 -009 base 4000 Output Lumen 6000 Output Lumen PLEDOR E ._ Pedorafed (P) APPLICATIONS • Custom designed exclusively for City of Santa Ana SPECIFICATION FEATURES • Fawa tLux°" Dora" Refractor and Prismatic Top feature a traditional turn of the Century shape and state of the art photometric performance • Available in acrylic orpolycarbonate; Type Ill or Type V distributions. Este are optimized for efficient light performance • Reflector lid Is an stuminum reflector which fits between the Prismatic Top and Refractor • Reflector lid allows just enough upllght for a pleasing glow— decreases upllght 304091 and increases downllght by 20 -25Y • Aluminum raflector lid designed for maximum photometric efficiency and optimum light distribution which compiles with Darlc Sky Ordinance when used with sitherperfarated or non - perforated lid options • Clamp band included for attaching Refractor and prismatic Top • Finial avallable in Flame or Spike (black or custom color) • Designed forpole height between 10 and 20 feet • 6" or W base diameter • Overall weight is reduced for easy installation and maintenance • Neck ring to protect refractor from metal screws • Made in the U.S.A. LED SYSTEM FEATURES • Thermally designed for 50, 000 hours operation • Direct down ward lumen, 4000 or 6000 lumens • System wattage: 35W (4000) and 54W (6000) • Efficacy up to 111- 1141mAw • Comfortable superior quality LED light • Instant ON and Instant re- strike with back -to -full brightness feature • CRI > 70 • Universal voltage 120 -277V • 2 -level dimmable driver up to 60% power reducer to save energy during Inactive times. Works with 0 -10V control and sensor system. • Philips Fortimo LED Module is a Green product containing no mercury • Product reliability and a 5 -year Philips system warranty F W n � Blow Molded Arol'n Dora" Rated Uptight: 462% Uptight: 11,66° %(red ed 7"V Downlight: 45% Downlight: 72%n (In, roved by_6M Maximum Candela: 1445 Maxlmum Candela', 2977 0moroved by 106 %n) Model No. Refractor (RR) Distribution T e D Reflector Lid (RL) Neck Rln Finial base 4000 Output Lumen 6000 Output Lumen PLEDOR Polycarbonate (PJ Pedorafed (P) NR Flame (F) 8" 35WI740K 2/740K Acrylic (A) V _ Non. Perforated (N) Spill (S) 9" 35WI757K 54WI757K Part Number Example: PLEDDIPRRIDVIPRUNRISI9 16000(7401120- 2771SA Description: PmerLux Santa Ana LED Dora Custom Retrofit, Polycarbonate Refractor, Dlslributlon V, Perforated Reflector Lid, Nock Ring, Black Hinal, 9" Base, 54% 4000K 120 -277V peg rLu `id Corporation US Manufacturer of Sustainable Energy Efficient Lighting Products 1260 Liberty Way, Suite E Vista, CA 92081 Phone: 760- 727 -2360 Fax: 760 - 434 -4766 Website: wvvw.powerlux,com E -mail: klpowerlux @ginaitcom 190503 R'ca`x•re'rLit,grah Products Have Stood the Test of Time! Patents pending speciricatlons subject to change wlthoul slor notice 0) 2010 by Pawerlhk° Corporation. All ngMS ressrved rl- �". O N 7 N 67 N % M E N Z ,- 0 � W N dN- N d., 7 o C L� O O N Ln 00 O N co o d- V ((Qp w O ? �a t�6 a g> ti w a c o C E Lim N N CL ( 1) QI L F w Z p a) E C O LU M `� o ~ F- 4 U. a 1w O � a W Q ,4 Q na w o W CL a y O N Ln N u 7 EE o xQN�yg mo LE ac 2z a E�°�A �Garo <uo E z�w _r¢z w zy�a z O U Zn �ni ow¢Q a ❑ UU�� Z z�0� O Q Ow OZarx ? F?O .0 � ¢yUQwU Oz M C 0 O W 0 j3j .F.� a m F E¢ o LU COi XN EE o 0 ^M oz a n LC C°o aC7a o, E o �U M E 'F °E C CLL °N.. M O N I^. C.: M lD ll'1 i Otil C C Ln N m O N of W N tD N m E Vi .-+ o "G V' O N n tr d' N ° If1 a -F d'tl' n V .1 N G p +-i m MCp, C o M fV CU dL%.' +�1� Q J _ E LUN a LL o ` v { d+ N f]. p L1 rCi d "j h !U . � j= p p Lu �E ZO 'n p 01 E° Q p p L Off-? R;nvs i J J ~ p LU J B `S �[F J O N ZH FN.. ? d W" n a v Me t SrY'rrrt� � - r or- Product i � .. gW dara.. C3RbhYA (7 {LII']CCCriSdQU Howing color Operating Position - (Not Specified] Light Technieil Charactvristias Color Code 740 Color Designation -[Nat Specified] (text) Correlated Color 4000 I< Temperature Luminous flux 4000 Lm Color rcndenng 70 index Color'remperature 3985 I< [CCT 3985[] r.e' rictl 4 „r Irar-terisots Wattage 35 W bright its a rnoduhe Fortinw.) U D I BI'll 40003SbV1'740 Philips Fortlmo LED High Brightness Module (HBMt) Is an elegant solution for OEMs looking to incorporate LEDs into their product portfolio. The compact rectangular light engine with non - Integrated driver enables different light distributions using a metal reflector, The same form factor offers multiple lumen packages, leveraging a single design into a fall portfolio to better meet end -user needs. The design - In process is further simplified with passive thermal management. Fortino HBMt Is truly future- proof — the light - emitting area, optical and electrical characteristics and mechanical Interface will remain constant. It also offers the best energy efficacy In the market. The remarkable energy savings and CO2 reductions can be further extended with dimming. Fortlmo LED HBMt Is a Philips Green Product and contains no mercury. Telnperatun=. i':.hararterisens T -case maximum 85 (max) C Product Dam Order code Full product code Full product name Order product name Pieces per pack Packing configuration Packs per outerbox Bar code on pack - EAN1 Bar code on outerbox - EAN3 Logistic code(s) - 12NC Net weight per piece 20B -30 929000695703 929000695703 Fortlmo LED HBMt 4000 35Wl74C Fortlmo LED -IBMt 4000 35W /74C 1 10 10 8716291214069 8716291214076 929000695703 0,031 kg sense oats; s nipficit 1 -Ai - .}.•M+� tir� Ig t z:4 Ir�cC }>�i _.���¢raA2+st- .kao�'. .'.uy 5 t +;'agg'L��.k pn,Ottrt drtid. For tirno LED high brightness r- noc�'l Frn tmi I LED D I -lWvlt 6000 54W / 7v,0 Philips Fortimo LED High Brightness Module (HBMt) Is an elegant solution for OEMs lcoldng to incorporate LEDs Into their product portfolio. The compact rectangular light engine with non- Integrated driver enables different light distributions using a metal reflector. The same form factor offers multiple lumen packages, leveraging a single design Into a full portfolio to better meet end -user needs. The design - In process is further simplified with passive thermal management. Fortlmo HBMt Is truly future -proof —the Ilght - emitting an ea, optical and electrical characteristics and mechanical Interface will remain constant. It also offers the best energy efficacy In the market. The remarkable energy savings and CO2 reductions can be further extended with dimming. Fortimo LED HBMt Is a Phllips Green Product and contains no mercury. General t,'W,,9cvo i%di rem pe111 W1 @ C IsrACtel 18t114 Housing color - T -cue maximum 85 (max) C Operating Position -[Not Specll[ed] • Pra;,i Dma • Light Iochnical fhnracte.r tics Ordercode 929000695603 Color Code 740 Full product code 929000695603 Color Designation - [Not Specified] Full product name Fortlmo LED 1-1811a 6000 54WI740 (text) Order product name Fortino LED HBMt 6000 54W/740 Correlated Cola' 4000K places per pack 1 Temperature Packingconfigw'ation 10 Luminous Flux 6000 1., Packs per outerbox 10 Color rendering 70 8m- code on peck - 8718291214021 Index BANE Color Tempemteo 3965 K [CCT 39851K] Bar code on 8 71 82 91 214 03 8 outerbox - F.AN3 = I';lec+nical ChxraceeASCtlx Logistle eode(s) • 929000695603 12NC Wattage 54 W Net weight per piece 0.031 kg rr sense �aM simplicity 20B -31 BSP'3-120 BSP3 -208 -240 I. BSP3 -27/ The BSP3o be used In ductsare ®a�+7 i��g.J i 6/ be�J+gi�Jry Aq�S7 Ls9°td BS P3-277 9 9 designed to be used in conjunction with BSP3 -347/ BSP3 -4$0 LED Drivers and electronic fluorescent and HID ballasts to provide an additional level 3 -Pole LED Driver & Ballast Surge Protectors, of protection against powerfinedisturbances Enhanced in Industrial and commercial applications Features • T'he BSP3 Series are 3- leaded devices that protect Line -Grou and Neutral- Ground In accordance with IEEE /ANSI C62.41.4 • Protects against surges according to IEEE C82.41.2 C High ( • Surge current rating = 10,000 Amps using industry standard E • Surge Location Rated Category 03 UL Recognized Component for the United States and Canada (ULS Some models Recognized to UL1449 (see below) • Hlgh temperature, flameproof plastic enclosure, 85 °C max surface temp rating • Thermally Protected Transient Over - voltage Circuit BSP3 -120 is for use on 120V drivers or ballasts BSP3 -277 is for use on 277V or Universal Voltage drivers or P BSP3 -347 is for use on 347V drivers or bnllaats BSP3.480 is for use on 480V drivers or ballasts Part Number Max Clamping Voltage surge Raking (2ms) UL1449 BSP3- 120 _T - -^ a4S 120 Joules 6SP3 -208 -240 710 190 Joules BSP3 -277 840 270 Joules BSP3.347 1120 320 Joules 3SP3 -480 1500 ^380 Joules Wiring Black BSP3 LOAD Output LED Driver to Lamp or electronic ballast COM GROUND Specfrmatlons subject to change wttheut notice. Dimensions (tom. �,,,� 7S•�,•� Body: 12" leads, stripped 0,63" Leadwim: AWG #16 stranded tai 225" Threaded Nlpple: 1:" -NPS Gr U5 ras�) IP5 12- -18.12 1 litvruru I e ._ m- r- o'u, =u )'t 11543 Svmfl 1 th. • H a , ey, II. H0142 x.47 -5 ,5-sd i r • I-, n47 - - t, 31.47 • vvnw Ivµ ;ri,d;om 20B -32 MAYOR Miguel A. Fulda MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS P. David Benavldes Carlos Bustamante Michele C, Martinez Vincent Sarmiento Sal Tlnajero March 11, 2012 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza . P,C. Box 1988, M -21 Santa Ana, California 92702 CITY MANAGER Paul M. Walters CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar ADDENDUM NO, ONE SUBJECT: REQUEST FOR PROPOSALS FOR LED COBRAHEAD STREETLIGHTS The following clarification has been made to specifications of the subject RFP: Replace page 1 with the attached page 1. All other terms and conditions remain the same. THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE. 20B -33 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS P. David Benavides Carlos Bustamante Michele 0, Martinez Vincent Sarmiento Sal Tinalero PROJECT #13 -009 ADDENDUM NO. TWO CITY OF SANTA ANA Public Works Agency 20 CIVic Center Plaza . P.C. Box 1988, M -21 Santa Ana, California 82702 March 21, 2013 REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS The following clarification has been made to specifications of the subject RFP: Changes are noted below. All other terms and conditions remain the same. NOTICE INVITING PROPOSALS CITY MANAGER Paul M. Walters CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria C. Holzer The successful proposer must possess or obtain a valid California Class wand C -10 Contractor's license prior to the scheduled award date of this contract. EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS MINIMUM PROPOSER QUALIFICATIONS 4. P- roposer -m st ea ti #y that- lufninaires -sh- all conform- Eo- therren -t tll m +nat ng -E -ae� neer+Rgesi " defal4iti ," ' I ve4 e-4wm; 20B-34 THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE, RFP FOR LED COBRAHEAD STREETLIGHTS 20B -35 Page 117 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS P. David Sanavidea Carlos Bustamante Michele C. Martinez Vincent Sarmiento Sal TlnaJsro PROJECT #93.009 ADDENDUM NO. THREE CITY OF SANTA ANA Public. Works Agency 20 Clvlc Center Plaza . P.O. Box 1988, M -21 Santa Ana, California 92702 March 27, 2013 REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS The following clarification has been made to specifications of the subject RFP: Changes are noted below, All other terms and conditions remain the same. KEY RFP DATES: Issue Date: Tuesday, March 5, 2013 Proposal Due Date: Tuesday, May 7, 2013 @ 2:00 PM. Projected Award Date: Monday, July 1, 2013 INTRODUCTION CITY MANAGER Paul M. Walters CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla I Huizar The purpose of this Request for Proposals (RFP) is to obtain a Proposer to enter an agreement with the City to remove and dispose of existing decorative post top street light luminaires, and furnish and Install energy efficient LED post top retrofit streetlight luminaires. The ALTERNATE PROPOSAL is to provide and test only. The Proposer will be required to provide 354 LED post top retrofit street light luminaires. The City reserves the right to increase or decrease the quantity of lights at no additional cost per fixture. This project is funded by Southern California Edison's On -Bill Financing Program. Award of the project is subject to both final funding approval by SCE and City Council approval. Payment will be made to the successful proposer after the project Is accepted and funded by SCE. For details pertaining to SCE's OBF go to http:l,(www.sce.com /bushe s /onbill /on- bill- flnencing.ht Historically, funds for payment of the project may not be available to the City from SCE for two to four months after completion of the project. Subsequently, final payment may not be made for three to six months from completion of the project. 20B -36 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LED POST TOP RETROFIT STREETLIGHTS PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a per each, (removed, disposed and installed) for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Fee shall also include post - installation testing for photometrics and power consumption. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Alternate Proposal - Pricing shall be based on a per each, for providing fixtures only. Fee must be inclusive of all costs, including but not limited to, delivery, any direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. . Fee shall also include post - installation testing for photometrics and power consumption. LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL PRICE 1 70W EQUIVALENT- Provide & Install 140 EA ror Concrete Poles 2 160W EQUIVALENT Provide & Install 120 EA For Concrete Pales 3 16OW EQUIVALENT Provido & Install 94 EA For Steel Poles Total Extended Cost — Written +� a woww.n RFP FOR LED COBRAHEAD STREETLIGHTS 20B -37 ALTERNATE PROPOSAL LINE DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED TOTAL PRICE 1 70W EQUIVALENT-Provide Only 140 EA For Concrete Poles 2 WIN EQUIVALENT - Provide Only 120 EA For Concrete Poles 3 LOW UIVA 94 EA For Steel Poles Total Extended Cos( — Written LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS PAGE MUST BE INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS PAGE WILL BE CONSIDERED NONRESPONSIVE, RFP FOR LED COBRAHEAD STREETLIGHTS r1- 9' Ql- V INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATF mAR 2 4 101A FIRST AMENDMENT TO AGREEMENT A- 2014 -057 THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 18, 2014, by and between Powerlux, a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2013 -137, dated September 3, 2013, (hereinafter "said Agreement ") by which Contractor has provided energy efficient LED streetlight luminaries. B. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to include additional streetlights that will be replaced with LED streetlight luminaries and to increase compensation to pay for the additional luminaries provided. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section I, SCOPE OF SERVICES, shall be amended to increase the number of streetlights purchased by a total of 60. The section shall read in fill as follows: "Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa Ana, California, 414 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached to said Agreement as Exhibit A. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement. If additional funding is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal." 2. Section II.A., COMPENSATION, shall be deleted in its entirety and replaced with the following: "The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended under this Agreement shall not exceed $147,000 during the term of this Agreement." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 3 9 20B -39 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: C , (lP� Laura Sheedy Assistant City Attorney RECOMMENDED R A OVAL: EDWIN "WILLIAM" ALVEZ, P.E. Interim Executive Director - PWA rl- -1 CITY OF SANTA ANA DAVID ZOS City Manager POWERLUX KENNETH LAU President <(u INTJRANCE NOT REQUIRED WORK MAY PROCEED C5) CLERK OF COUNCIL nATC- 10 -- - l-S AGREEMENT TO MANUFACTURE AND PROVIDE LED STREETLIGHTS A -2013 -137 THIS AGREEMENT, made and entered into this 3rd day of September, 2013 by Powerlux, (hereinafter "Vendor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City issued RFP 13 -009 - "LED Post Top Retrofit Streetlights" to procure a vendor to manufacture and provide energy efficient LED street light luminaries. B. Vendor submitted a proposal to provide such LED luminaries and was determined to provide the best quality material at minimum cost to the City. C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in its field and that any materials, supplies, labor and equipment provided by Vendor under this Agreement will be provided in compliance with the specifications set forth in Vendor's Proposal, 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, I.SCOPE OF SERVICES Vendor shall furnish and deliver to the Santa Ana City Yard, 215 S. Center St., Santa Ana, California, 354 new LED post top retrofit streetlights which conform to the specifications set forth in Vendor's Proposal dated May 6, 2013, attached hereto as Exhibit A and incorporated by reference. After City installation of said streetlights, Vendor shall test for photometric conformance and power consumption. In addition, Vendor shall provide a five (5) year warranty for any and all materials, supplies, labor and equipment provided pursuant to this Agreement, If additional funding is secured, City retains the option to purchase additional streetlights at the unit price set forth in Vendor's Proposal. ILCOMPENSATION A. The City agrees to pay, and Vendor agrees to accept as total payment for said streetlights, the unit cost, as set forth in Exhibit A, for the number and type of streetlight delivered and successfully tested. The total sum to be expended under this Agreement shall not exceed $125,000 during the term of this Agreement. B. Vendor shall submit one invoice to the City upon completion of the Project, Said invoice shall be submitted in a format approved by City, and shall include the following information: Vendor's invoice number Beginning and ending dates for services Exhibit -3A 20B -41 iii. City project number and /or name (if applicable) iv. Delivery site address /location (if applicable) V, Unit cost, subtotals and total for invoice C. Extra Work. No additional work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Vendor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required at City's request. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. Payment by City shall be made within sixty (60) days following receipt of payment from investor owned utility financing, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. III.TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier pursuant to Section XI, below, The Vendor shall deliver all items under this contract within a period of one hundred forty (140) days after City notice to proceed, unless terminated earlier in accordance with Section XII. IV,INDEPENDENT CONTRACTOR Vendor 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 be construed to create an employer - employee relationship, a joint venture relationship, or to allow City to exercise discretion or control over the manner in which Vendor performs services. However, the services to be provided by Vendor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Vendor 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. V.INDEMNIFICATION Vendor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Vendor or its subcontractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement. VI.CONFLICT OF INTEREST CLAUSE Vendor 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. 20B-42 VILNOTICE 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 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 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana P.O. Box 1988 M -21 Santa Ana, CA 92702 And: City Attorney City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 To Vendor: PowerLux Corporation Mr. Kenneth Lau 2688 -F El Camino Real, Suite 333 Carlsbad, California 92010 VIII. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Vendor, 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 Vendor. 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 Vendor nor the City. Each party to this Agreement acknowledges that no representatives, 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. IX.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Vendor, Vendor 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 20B-43 other Vendor retained by City. X.TERMINATION a. The City reserves the right to terminate the contract as follows: In the event Vendor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if Vendor violates any provision of this agreement, Vendor shall be deemed in default. City shall provide written notice of such default to Vendor's project manager. Vendor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may terminate the agreement forthwith by giving written notice to Vendor's project manager. City may, in addition to the other remedies provided in this Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Vendor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Vendor's default. In the event of such termination for cause, City shall pay Vendor that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. Vendor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to Vendor either personally or by mail. Upon termination, City shall pay to Vendor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of Vendor's compensation for contract services if, in the judgment of the City project manager, the level of service falls below appropriate standards and /or Vendor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the project manager determines that contract services are performed in conformance with this Agreement. XI. DISCRIMINATION Vendor 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. Vendor affirms that it is an equal opportunity employer and shall comply with all applicable federal, State and local laws and regulations. XII.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. XI II. PROFESSIONAL LICENSES Vendor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United Sates, the State of California, the City of Santa Ana and all other governmental agencies, Vendor shall notify the City immediately and in writing of their inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement XIV.RESPONSIBILITY FOR DAMAGES The Vendor shall be responsible for all damages to persons and /or property that occur as a result of the fault or negligence of said Vendor or his employees in connection with the performance of this work. XV.SAFETY REQUIREMENTS All work performed under this contract shall be performed in 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 Vendor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract. XVLPAYMENT The Vendor will be paid after completion of the project, upon approval and payment to the City by Southern California Edison. Vendor shall submit a detailed report of work performed and materials used in the project. This report shall be accompanied by a billing in accordance with the contract price for the work performed, and shall become basis for payment. XVILAPPRENTICESHIP STANDARDS Where required under law, the contractor on this project shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code, XVIII.SUBCONTRACTORS The successful proposer 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. 20B -45 C. Subcontract any portion of the work after bid is submitted if the cost thereof exceeds one -half (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. XI %.MISCELLANEOUS PROVISIONS A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. B. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria 0, Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney gg By; ��C.R0 Laura S eedy Assistant City Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Gal P. E. cutive hect Interim Exeor Public Works Agency I+ 1 - CITY SA,%�TA NA Carlos Rojas, Acting City Manager =!G: KE14NETH LAU President AGREEMENT FOR PROVISION OF ELECTRICAL CONTRACTING SERVICES THIS AGREEMENT, made and entered into this 17'x' day of June, 2014, by California Professional Engineering, Inc., a California corporation (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of street light repair and installation. 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 lmowledgeable 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall rewire the existing street light system and install new City supplied fixtures on the existing street light poles on North Park Circuit (hereinafter "Project'), as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. The Contractor agrees to accept as total payment for its services, a fixed price of $512,450. The City has allocated an additional $20,000 contingency amount, to be expended only at the written direction of the Executive Director of Public Works or his designee for additional services required due to unforeseen circumstances. The total sum to be expended under this Agreement shall not exceed $532,450 during the term of this Agreement. b. Payment to Contractor for the City paid portion of the contract shall be made after completion and City acceptance of the Project. Contractor shall submit a detailed report of work performed and materials used in the Project. Within sixty (60) days after receipt of such report, City shall pay Contractor, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 31, 2015. However, contractor shall perform all work items required by this Agreement within a period of ten (10) weeks from Agreement commencement unless terminated earlier in accordance with Section 13. 4. OWNERSHIP OF REPORTS AND DOCUMENTS Exhibit 4 20B-47 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 applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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, 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. 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. section: e. The following requirements apply to the insurance to be provided by Contractor pursuant to this (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. PTO (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials 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, and claims for property damage, which may arise from the direct or indirect 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. The Contractor further agrees to indemnify, hold harmless, and pay all cost for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, 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 rI- -• 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 City of Santa Ana P.O. Box 1988 M -29 Santa Ana, CA 92702 Fax: 714 -647 -6515 To Contractor: California Professional Engineering 929 Otterbein Avenue, Unit E La Puente, CA 91748 Fax: 626-810-1322 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. IL 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 20B -50 services which are the subject to this Agreement performed by the City personnel or by other Contractor retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive, and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require 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 /or 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 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. 20B -51 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, the original Contractor shall reimburse the City for damage accrued due to changing contractors. 19. SAFETY REQUIREMENTS All work performed timder 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. ACCESS TO PRIVATE PROPERTY Prior to the commencement of any work that will restrict access to private property the Contractor shall notify each affected property owner or responsible person, informing him or her of the nature of and the approximate duration of the restriction. 22. 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, drain pipes, lawns, brickwork, plantings, masonry work, fences, wall, sidewalks, street paving, etc., located on either public or private property. If any improvements are damaged they shall be replaced in kind at the Contractor's expense. 23. TRAFFIC CONTROL The Contractor shall conduct all work in a manner that will insure continuous traffic flow on the street at all times. In situations where it is necessary to restrict traffic flow per WATCH, the Contractor will contact the Director for approval. 24. MISCELLANEOUS TRAFFIC DEVICES Contractor shall provide all traffic control and miscellaneous traffic devices which may be required for routine and /or extraordinary maintenance pursuant to this Agreement. 20B -52 Signs used for handling traffic during the course of this contract shall be in accordance with the WATCH published by Building News, Inc., and made a part of these special provisions. The method in which signs, barriers and other miscellaneous traffic devices are used during construction and /or repair shall be in accordance with the publication mentioned. A copy of said publication is on file in the Santa Ana Public Works Agency — Administration Division. All signs shall be illuminated or reflectorized when they are used during hours of darkness. All cones, pylons, barricades, or posts used in the diversion of traffic shall be provided with flashers, or other satisfactory illurnination if in place during hours of darkness. 25. 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 make 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. 26. 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. 27. 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 (1/2) of one (1) percent of the total proposal and a subcontractor was not designated for the work in the original proposal. 28. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this agreement. 20B -53 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUTZAR Clerk of the Council APPROVED AS TO FORM: Sonia R. Cavalho City Attorney *-.- �&L y Attorney RECOMMENDED FOR APPROVAL: Edwin "William" Galvez, P.E. Interim Executive Director, Public Works Agency CITY OF SANTA ANA David Cavazos City Manager Sieman's Industry, INC. KEVIN MC CARTHY Corporate Secretary Tax ID# 20B -54 EXHIBIT A SCOPE OF WORK PART I — SCOPE OF WORK The North Park Circuit is designated on the attached map. The North Park Circuit has approximately 22,000 LF of wire and 101 poles. Approximately 18 of the poles are double kings with 2 fixtures each. The North Residential Circuit is designated on the attached map. The North Residential Circuit has approximately 30,000 LF of wire and 112 poles. The conduit locations shown on the maps are approximate. It is the Proposer's responsibility to ascertain the quantities of fixtures, wire, pullboxes etc. All proposed locations shall be shown on the final plans designed by the Proposer and approved by the Agency. The Contractor shall provide at its own risk and cost all labor, materials, tools, equipment, and traffic control per the Work Area Traffic Control Handbook ( "WATCH "). This Request for Proposal calls for the removal and replacement of the existing street light cable in the Floral Park Neighborhood which is bordered by Broadway and Flower Street, between 17th Street and the Santiago Creek. This project will require replacing all the cable in the entire system with three new #8 THW wires. The existing poles are required to be rewired with new #12 THW wire, the existing fixtures removed and salvaged, replaced with new PowerLux fixtures and globes. The new fixtures may need minor modifications to fit existing pole configurations. Costs for modification shall be included in the lump sum proposal amount. New service pedestals will be furnished and installed by the Proposer. Proposer shall determine the number of new service points necessary to adequately provide power for the system, using the minimum number of service points possible and shall coordinate with SCE to determine the new service points. All SCE engineering costs will be paid by the City. The SCE planner for this project is Isaac Dominguez 714- 285 -4339 Proposer will locate and intercept existing conduit adjacent to service pedestal and install conduits and pull box adjacent to pedestal. All costs for conduit work, including hardscape replacement, to connect to service pedestal shall be included in lump sum costs. New wire shall be placed into and connected properly in service pedestal. All work, equipment, labor and materials necessary to provide complete functioning system shall be included in the Proposal pricing. Existing globes shall be cleaned, salvaged and delivered to the City yard. The existing streetlight systems were installed in the early 1920's. The exact condition and location of the underground conduit is unknown although the existing cable was installed 5 years ago. The City expects the existing cable to be used to pull in the new wire. Pre - lubrication of the conduits may be necessary. The City does not anticipate that much of the existing conduit will need to be repaired. Similar projects in the area have encountered less than 15% of conduit needing repair. Proposer shall include 15% conduit repair in the proposal. Costs for conduit repair including materials and labor will 20B -55 be included in the lump sum costs proposed. The Proposer may need to excavate to access and disconnect the existing conduit sweeps at the pole foundations to properly pull the new wire. All costs for excavation, including hardscape replacement and conduit disconnect/reconnect shall be included in the lump sum price. Scope of work includes the following: • Install new service pedestals per specifications. • Remove existing cable from conduit. • Intercept existing conduit and install new conduit and pull boxes to connect to new service points. • Re -wire system using existing conduit. • Replace any deteriorated conduit only if it is impossible to pull the new wire through. • Remove and salvage existing fixtures. • Rewire poles and install new fuses and fixtures, etc. per City Standard #1126 -F. Material List: • Fixtures: Powerlux PLEDMR /DV/B/9/4000/740/120- 277/SA • Wire: THW red, black, green • Conduit: 2" Schedule 80 PVC Fuses: 240V 10A with holder per City Standard #1126 -F two (2) per pole • Service Pedestals: Milbank MILCP31311115A22SP33 120/240V w/ GFI duplex receptacles; base MILCP16PDMNTCALT PART II SPECIAL PROVISIONS I. EXCAVATING AND BACKFILLING Excavating and backfilling shall conform to Section 86.2.01, "Excavating and Backfilling" of the California State Specifications (CSS) and these Special Provisions. The following paragraph shall be added to Section 86 -2.01 All excavated material in roadway shall be removed from the site and backfilled with compacted crushed aggregate base material topped with temporary asphalt concrete on the same working day as removed. A temporary alternative to backfilling, with permission of the Agency, shall be the placement of steel plates with temporary asphalt concrete ramping at edges of the steel plates. Such plating shall not be allowed for more than five (5) working days, after which backfill shall be required. 20B -56 Slurry backfill: Use of a half -sack cement and sand slurry provided by a commercial ready -mix concrete vendor may be permitted except in parkway areas. The slurry shall be placed monolithic from the bottom of the excavation to the bottom of the existing structural section or sidewalk; or as directed by the Agency. II. CONDUIT Roadway lighting conduit shall conform to the provisions in Section 86 2.05, "Conduit', of CSS and these Special Provisions. Roadway lighting conduit shall be schedule 80 PVC unless shown otherwise on the plans. Insulated bonding bushings will be required. All conduits, excluding SCE service conduits, shall be installed at the depth not less than 36" below finished grade in pavement areas 24" in sidewalk and parkway areas. Only when conduits are to be installed between adjacent pull boxes, from street light pole to pull box or pull box to cabinet where the in- between distance is too short to meet the 42" depth and the 45- degree sweep requirements, the conduit may be installed at shallower depth but not less than 18" below finished grade. After conductors have been installed, the ends of conduits shall be sealed with industry grade sealing compound. Replace sidewalk and pavement in -kind to match existing material, color, and pattern, from score mark to score mark after pull boxes and conduit have been installed. Payment for replacement of sidewalk, pavement, hardscape and landscaping shall be included in lump sum price. All costs for potholing, trenching, boring etc. shall be included in lump sum price. PULL BOXES Pull boxes shall conform to the provisions in Section 86 2.06, 'Pull Boxes" of CSS, CSP ES -8 and these Special Provisions. Notes 4(a) (5) and 4(b) (10) on CSP ES -8 shall not apply. Pull box size shall be Number 5 except where shown otherwise on the plan or as directed by the Agency. Bottoms shall be bedded in crushed rock. Pull boxes shall not be grouted. Pull boxes shall be polymer concrete reinforced with heavy -weave fiberglass. Pull box covers shall be lightweight (BES lite non - concrete, or approved equal). Pull box lids shall be stamped "LIGHTING ". 24" of wiring shall looped in every pull box. New pull boxes shall not be installed within any curb access ramp. IV. CONDUCTORS Conductors shall conform to the provisions in Section 86 2.08, "Conductors" of CSS and these Special Provisions. Wire shall be THW. V. WIRING Wiring shall conform to Section 86 2.09, "Wiring ", of CSS and these Special Provisions No. 8 AWG or larger conductors shall be spliced by the use of "C" shaped compression connectors and properly insulated. No splices will be allowed in conduit or in poles above handhole. 20B -57 Compression -type terminals (spade or eyelet) shall not be permitted for termination on solid conductors. R OR &J _ _ FLOWER SP -- " HELIOTROPE OR arm ?s. eG6r' cb4� v y !615 y '�.. ?+so �? ?<� P�14, anv2 ,)ficz NI 34% 6b42',�• R �_ �_....�/ J @piR, µjOL J 2499 20.N:i -. 2496 — 1u5 mm -- _ 691 u4s 2492 26P'@ �– 20.92 MeE 62 % - -- 9442 24361 24tg 24W 20.11 524 3P 24'65 34@4 �` P 2450 2499 94;1@ 920 616 -@ 244V 2431 –. ^2924` aJA61r 4s T_ 2931 b.2433 L– -- 512 826 __ _ g4M12'O 10.33 2996 6[926 y 242A�m 2n,25 mm1424 243 @IOp 20.29 2434; 2424 m 2925 2gt6 0M 242b @G1 20.14 241fl1 b` 2AR �2A11 1416 M1 p "— 291.9 y41a �242i 892'1 '9 u 2412 2814 928 ry 493 20.14 24dP I /21fr '1415 I___„_ 422 "`}YgYgYgO s �� 24 fp ' 2416 2409 26P ®: 24G :421 24PY 2495 .'M11 2412 24421 2403 -- ira � ill _ ?3?B /aq1 rOry Y 24 ~ 2372 25 @e o – jOar 1 l 109 ash hs LL n 0. o rary ,a ,r 1 BROADWAY Southern California Edison On -Bill Financing Agreement SOUTHERN CnuroaNiA Ej EDISON" An EOfSON (NTEENATTONAC C..,.ny Southern California Edison. Exhibit 5 Form# 14 -791 6/2010 20B -59 On -Bill Financing Agreement This On -Bill Financing Agreement to ( "OBF Agreement ") is entered into on 20 (the "Effective Date ") by and between the undersigned customer ( "Customer ") and Southern California Edison Company ( "SCE ") (each a "Party," collectively the "Parties "). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about , 20_ and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement "), which is /are attached hereto and incorporated herein by reference 2. Customer owns, leases or rents the property listed in the EMS Agreement as the Site and maintains a service account with SCE for electric service. Customer has completed installation of certain energy efficient equipment ( "Equipment ") at the Site as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision 09 -09 -047, the California Public Utilities Commission authorized SCE to provide zero percent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer's electric utility bill ( "On -Bill Financing "). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE's On -Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms ", below) through the Customer's SCE utility bill pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third -party payee designated by Customer under the Loan Terms, below. Customer's designation of a third -party payee may not be changed or revoked. Loan Terms: Amount Financed "Amount Financed" $ .00 Interest Rate: 0% Fees: 0 Months to Pay: Monthly Payment: $ Service Account to be Billed: Designated Third -Part Payee if any): Address of Designated Third -Part Payee: Southern California Edison 411M Form# 14 -791 6/2010 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above (Customer's "Loan Obligation "). The first Monthly Payment of Customer's Loan Obligation will appear within sixty (60) days from the Effective Date on Customer's SCE utility bill for the Service Account listed above. Manner of Payment: Customer's Monthly Payment amount will appear as a line item labeled "EE OBF Installment Charge' on the monthly SCE utility bill for Customer's Service Account. Customer may pay the Loan Obligation in the monthly installments or pre -pay the Loan Obligation in one lump sum without penalty, but pre - payments for less than the remaining balance will not be allowed. Customer's Loan Obligation will appear on Customer's monthly SCE utility bill for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill. Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE's sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and the Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE's Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer's Service Account, and a default under this OBF Agreement will be treated as a default under the Customer's Service Account. Customer's Loan Obligation is subject to the discontinuance provisions of SCE's Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site or the Equipment, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account, or (4) otherwise breaches this OBF Agreement and /or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. Following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC -1 ( "Financing Statement ") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Southern California Edison Form# 14 -791 6/2010 20B -61 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE's attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer's attorney -in -fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure § 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys' fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE's sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue into effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in the Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. Southern California Edison [Remainder of page intentionally left blank] 20B -62 Form# 14 -791 6/2010 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Authorized Representative: Title: Signature: Date: Business Address: Telephone No, Fax No. E -Mail Address: Southern California Edison Southern California Edison Company: Authorized Representative: Title: Signature: Date: Business Address: Telephone No, Fax No, E -Mail Address: 20B -63 Form# 14-7916/2010 411MIUA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONTRACT AWARD TO COMMERCIAL CLEANING SYSTEMS FOR JANITORIAL SERVICES (SPEC. NO. 14 -021) L J CITY MAN R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Commercial Cleaning Systems for janitorial services for a three -year period in an annual amount of $457,000, with provisions for two one -year renewals exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency Building Maintenance Division oversees City facilities in order to maintain clean, safe, and properly functioning buildings. Janitorial services for City Hall, Ross Annex, SARTC, Corporation Yard, Santa Ana Main Library, Newhope and McFadden Learning Centers, and six recreation centers are provided by a combination of City staff and a janitorial service contract. The service contract with Commercial Cleaning Systems includes all labor, tools, equipment and supplies required for the provision of services, with the exception of selected paper products provided by the City. Janitorial Services include the daily cleaning of offices, windows, restrooms and public areas of City buildings so as to maintain the facilities in a consistently clean condition. The annual award amount includes a $12,000 contingency for unanticipated services. The notice soliciting proposals was advertised on April 1, 2014 on the City's online bid management and publication system. A summary of the solicitations and proposals received is as follows: 78 Vendors notified 4 Santa Ana vendors notified 17 Vendors downloaded the solicitation 7 proposals received 0 Proposals received from Santa Ana vendors 22A -1 Contract Award for Janitorial Services June 17, 2014 Page 2 Proposals were received, opened on May 2, 2014 and evaluated (Exhibit 1). Proposals were scored based in part on the specifications, vendors' experience, financial stability, resources and pricing structure. The proposal received from Commercial Cleaning Systems was ranked number one in the evaluation process and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance and Management Services Agency Building Maintenance account (no. 07310101-62310). Francisco Gutierrez S(� Executive Director Finance and Management Services Agency DS Exhibit: 1. Proposals Final Ranking Abstract 22A -2 PROPOSALS ABSTRACT JANITORIAL SERVICES (14 -021) Bell Building Bidder Maintenance Location Sherman Oaks. Ca Delivery As stated on contract Final Ranking 7 EXHIBIT 1 22A -3 Commercial Cleaning Xanadu Service Santa Fe Building Bidder Services System Maintenance Location Costa Mesa, Ca Los Angeles, Ca Chino Hills, Ca Delivery As stated on contract As stated on contract As stated on contract Final Ranking 1 2 3 ABM - Janitorial Professional Building Bidder Division Omni Enterprises Maintenance Location Los Angeles, Ca Orange, Ca. Carson, Ca Delivery As stated on contract As stated on contract As stated on contract Final Ranking 4 5 6 Bell Building Bidder Maintenance Location Sherman Oaks. Ca Delivery As stated on contract Final Ranking 7 EXHIBIT 1 22A -3 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONTRACT AWARD TO KIS COMPUTER CENTER FOR VMWARE MAINTENANCE SUPPORT (SPEC. NO. 14 -030) CITY ANAL RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on1"Reading ❑ Ordinance on 2n °Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to KIS Computer Center for the purchase of a VMware Maintenance Support Contract in an amount not to exceed $42,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana's Information Services Division - Operations (ISD -Ops) supports the computing centers in both City Hall and the Police Department. These computing centers house the computer servers which hosts all the enterprise computer systems, enterprise computer services, and SAPD computer systems. These systems and services are critical to the operations of the City. In 2008, as part of a new strategic direction ISD -Ops converted physical computer hosting servers to newer virtualized hosting technology. This technology enables the ability for one physical server to run multiple "virtual" computer servers. This is accomplished by utilizing specialized software to simulate physical computer devices. The use of virtualization technology continues to reduce hardware costs, power consumption costs, and provide a more flexible and reliable computer hosting environment. In order to maintain the 24/7 service levels required by the computer systems and services hosted in the City Hall and Police computer centers, on -going software maintenance and support services from the manufacturer, VMware, is needed. This support from VMware is acquired in the form of a software support contract. In addition to 24/7 telephone support, it also provides for software upgrades at no additional cost. 2213-1 Contract Award to KIS Computer Center for VMware Maintenance Support June 17, 2014 Page 2 The notice inviting bids was advertised on May 14, 2014 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 5 Vendors were notified 3 Vendors downloaded the bid packet 0 Received from Santa Ana vendors 3 Bids received The bids were received and opened on May 22, 2014 and evaluated (Exhibit 1). The bid received from KIS Computer Center is responsive to the specifications and meets the City's requirements. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez SFL Executive Director Finance and Management Services EG Attachment Exhibit 1 —Bid Abstract 22B-2 ABSTRACT OF BIDS CONTRACT AWARD FOR VMWARE MAINTENANCE SUPPORT (14 -030) VENDOR KIS Computer Center LOCATION Fremont, CA TERM NET 30 DAYS Trace3 Irvine, CA NET 30 DAYS Nth Generation San Diego, CA NET 30 DAYS OFFER $41,825. $41,966. $57,050. Exhibit 7 22B -3 22B -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONTRACT AWARD FOR GRAND AVENUE IMPROVEMENTS AND WIDENING FROM FIRST STREET TO FOURTH STREET AND GRAND AVENUE STORM DRAIN FROM FIRST STREET TO FOURTH STREET (PROJECT NOS. 081732 8r 126604) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading E] Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with unit bid prices, totaling $3,179,058.24, for the construction of the Grand Avenue Widening from First Street to Fourth Street and Grand Avenue Storm Drain from First Street to Fourth Street. 2. Approve the Cost Analysis for a total estimated project delivery cost of $3,933,432.39. 3. Authorize a payment to Southern California Edison not to exceed $49,400 as payment for the installation of new street lights on Grand Avenue from First Street to Fourth Street. DISCUSSION The recommended action will allow the City to proceed with construction of the Grand Avenue Roadway Improvements and Storm Drain from First Street to Fourth Street. Grand Avenue from First Street to Fourth Street will be widened to a total of six lanes (three lanes in each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. The proposed project would also include Class 2 bike lanes, landscaped parkways, sidewalks, bus turnouts, raised landscaped median, new streetlights, and the relocation of existing utilities along the project segment. The City's Drainage Master Plan identifies the need for an additional storm drain mainline on Grand Avenue north of the Santa Ana /Santa Fe Channel. The storm drain, constructed as part of the Grand Avenue roadway improvements, will provide additional drainage capacity to minimize the potential for flooding in this area. A Notice Inviting Bids was advertised on March 28 and 29, 2014, and bids were opened on April 23, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: 23A -1 Contract Award for Grand Avenue Improvements and Widening Project Nos. 08 -1732 and 12 -6604 June 17, 2014 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 19 Contractors requesting bidding documents 19 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BID AMOUNT 1 Excel Paving Company Lonq Beach $3,179,058 2 All American Asphalt Corona $3,288,899 3 Griffith Comp ny Oceanside $3,296,064 4 Los Angeles Engineering Covina $3,449,501 5 R.J. Noble Orange $3,654,407 6 The Sun Grou Costa Mesa $4,518,433 A total of six bids were received and all were deemed responsive. The Excel Paving Company bid amount of $3,179,058 is 2.5% over the Engineer's estimate of $3,100,000. ENVIRONMENTAL IMPACT Categorical Exemption Environmental Review No. 2014 -41 has been filed for the Grand Avenue Storm Drain project, while a Final Environmental Impact Report (State Clearinghouse #1998051068) was previously prepared in October 2002 for the Grand Avenue Widening project and adopted by City Council on November 18, 2002 under Resolution No. 2002 -096. Additionally, in accordance with the National Environmental Policy Act, an Environmental Assessment with Finding of No Significant Impact was previously prepared in August 2011 for the Grand Avenue Widening project and approved by the California Department of Transportation on September 1, 2011. FISCAL IMPACT The estimated total delivery cost of this project is $3,933,432.39, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 1). Funds for the Grand Avenue Widening project are available in the following accounts: Gas Tax Fund (Account 05917663 - 66220), Measure M Fund (Accounts 03217660 -66220 and 03217662- 66220). Funds for the Grand Avenue Storm Drain project are available in the Drainage Assessment Fee Fund (Accounts 22417660 - 66220, 22517660 - 66220, and 22617660- 66220). 23A -2 Contract Award for Grand Avenue Improvements and Widening Project Nos. 08 -1732 and 12 -6604 June 17, 2014 Page 3 Edwin "William" alvez Interim Executive Director Public Works Agency EWG/KW Exhibit 1: Cost Analysis 2: Grand Avenue Widening Location Map APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 Contract Award for Grand Avenue Improvements and Widening Project Nos. 08 -1732 and 12 -6604 June 17, 2014 Page 4 Exhibit 1 COST ANALYSIS CONTRACT AWARD FOR GRAND AVENUE WIDENING FROM FIRST STREET TO FOURTH STREET AND GRAND AVENUE STORM DRAIN FROM FIRST STREET TO FOURTH STREET (PROJECT NOS. 081732 & 126604) Construction Contract Contract Administration Inspection and Testing Survey Staking Southern California Edison Streetlights Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS 23A -4 $3,179,058.24 $103,207.00 $208,654.00 $6,160.00 $49,400.00 $386,953.15 $3,933,432.39 Contract Award for Grand Avenue Improvements and Widening Project Nos. 08 -1732 and 12 -6604 June 17, 2014 Page 5 4 (NTS) Bli_•.r:it Z11; ai -;A I LEGENQ ® MUJUT OMITS SANTA ANA TIM M= AWAiD FOR GRAND AM FROM F MT STMU TO FOLK U p AM GRAND MTM AVE" FO M FROM FiiBT BTT�T TO FOUiI TRM-Wr NOS: OBl/ AND 23A -5 23A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING TIRE RUBBER MODIFIED SLURRY (PROJECT 136787) CITY MANAGJPR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to the lowest responsible bidder, Roy Allan Slurry Seal, Inc., in accordance with the Base Bid and Alternate A, totaling $961,074.50, for construction of the Local Streets Resurfacing using Tire Rubber Modified Slurry. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,300,000 (Exhibit 1). The City has made a significant investment to rehabilitate local streets over the last ten years, and therefore a top priority is to maintain and protect that investment. The City's Pavement Management Program effectively strategizes short and long -term maintenance schedules to maximize performance of the entire street pavement network, including identifying preventative maintenance improvements (Exhibit 2). The application of a surface slurry seal to streets every seven to ten years will ensure a continued high level of service. Historically, a conventional slurry seal has been used. Rubberized slurry seals offer superior performance over conventional slurry by providing a more flexible surface that resists cracking while also benefiting the environment by repurposing recycled tires. There are several rubberized slung products available, including Tire Rubber Modified Slurry Seal (TRMSS) and Rubberized Emulsion Aggregate Slurry (REAS). Both provide similar wear and aesthetic characteristics. In an effort to compare the performance of each of these products, two projects are recommended for award on June 17, 2014. Both products are industry proven applications for street maintenance. Based on the bids received, staff recommends award of TRMSS for this contract. 23B -1 Contract Award for Local Streets Resurfacing Using Tire Rubber Modified Slurry June 17, 2014 Page 2 Bid procedures have been followed as established by the City's Municipal Code and in adherence to the Public Contracts Code. The Notice Inviting Bids was advertised on April 25 and 28, 2014, and bids were opened on May 15, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 11 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Roy Allan Slurry Seal, Inc. Santa Fe Springs $961,074.50 2 Pavement Coatings Company Juru a Valley $1,020,435.50 3 All American Asphalt Corona $1,517,517.00 A total of 3 bids were received and deemed responsive, with Roy Allan Slurry Seal, Inc., submitting the lowest responsive bid. The bid amount of $961,074.50 is 12.6 percent under the Engineer's Estimate of $1,100,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -49 was filed for this project. FISCAL IMPACT The estimated total delivery cost of this project is $1,300,000, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 1). Funding is available in the Gas Tax Residential Street Improvement Fund (Account 05817661 - 66220). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Ga z, P.E. Francisco Gutierrez Interim Executive Director Executive Director �N Public Works Agency EWG /ET Finance & Management Services Agency Exhibit 1: Cost Analysis 2: Local Streets Resurfacing using TRMSS Location Map & List 23B -2 Contract Award for Local Streets Resurfacing Using Tire Rubber Modified Slurry June 17. 2014 Exhibit 1 COST ANALYSIS PROJECT 13 -6787 LOCAL STREETS TRMSS SLURRY Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS 23B -3 $961,074.50 $66,710.60 $80,000.00 $192,214.90 $1,300,000.00 23B -4 EM E 2A 4 oA�NC lNTSI or SANTA ANA Tffm cay CMMX CONTRACT AWARD FOR P W A AMt Eff LOCAL STREETS RESURFACWG LONG TIRE RUBBER MODIMED SLURRY v (PROJECT NO.: 136787) 23B-5 PWEW Name From To 18TH ST ENGLISH ST ALONA ST 18TH ST TOWNER ST E/O TOWNER ST 18TH ST W/O LINCOLN AV LINCOLN AV 19TH ST W/O ENGLISH ST ALONA ST 19TH ST BRISTOL ST LOUISE ST 19TH ST TOWNER ST FLOWER ST 19TH ST LINCOLN AV SANTIAGO ST 20TH ST ENGLISH ST ALONA ST 20TH ST TOWNER ST OLIVE ST 20TH ST W/O VALENCIA ST LINCOLN AV 21ST ST W/O ENGLISH ST BRISTOL ST 21ST ST BAKER ST OLIVE ST 21ST ST SANTIAGO ST LINCOLN AV 22ND ST W/O ALONA ST TAMY LN 22ND ST BRISTOL ST BAKER ST 22ND ST SPURGEON ST FRENCH ST ACACIA PL PARK LN JONQUIL RD ALONA ST 17TH ST RIVIERA DR ASPEN ST LARCHMONT AV LINCOLN AV AVALON AV ALONA ST TAMY LN AVALON AV SANTIAGO ST LINCOLN AV BAKER ST 17TH ST N/O RIVIERA DR BEECHWOOD ST LARCHMONT AV LINCOLN AV BORCHARD AV SULLIVAN ST CENTER ST BROOK ST W/O WESTERN AV WISTERIA PL BUFFALO AV TOWNER ST OLIVE ST BUFFALO AV SPURGEON ST E/O SPURGEON ST BUFFALO AV VALENCIA ST LINCOLN AV CANDIS AV 21STST 22ND ST CATALINA AV SANTIAGO ST LINCOLN AV CHERRY ST LARCHMONT AV LINCOLN AV CIVIC CENTER DR SANTIAGO ST CUSTER ST CUBBON ST RA ITT ST GRAHAM LN CUSTER ST STAFFORD ST N/O WASHINGTON AV EDGEWOOD RD BUSH ST SANTIAGO ST EDNA DR ALONA ST JODY AV ELDER AV SULLIVAN ST CENTER ST ELM ST ALONA ST FOREST AV ELM ST HESPERIAN ST BRISTOL ST ENGLISH ST 17TH ST 20TH ST FOREST AV 21ST ST RIVIERA DR FOREST CIR IHIGHLAND ST N/O HIGHLAND ST EXHIBIT 2B CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING TIRE RUBBER MODIFIED SLURRY (PROJECT NO.: 136787) Page 1 of 2 23B -7 Name From To FREEMAN ST 21ST ST BUFFALO AV FRENCH ST S/O 22ND ST 22ND ST GRAHAM LN MCFADDEN AV CUBBON ST GRAHAM LN WISTERIA PL HIGHLAND ST GROVEMONT ST SANTIAGO ST LINCOLN AV HESPERIAN ST 21ST ST SANTA CLARA AV HESPERIAN ST MARION WY RIVIERA DR HIGHLAND ST W/O WESTERN AV GRAHAM LN JOANA DR LARCHMONT AV LINCOLN AV JODY AV 21STST 22ND ST JONQUIL RD ACACIA PL PARK LN LA VERNE AV SULLIVAN ST CENTER ST LARCHMONT AV SANTA CLARA AV GROVEMONT ST LOGAN ST SANTA ANA BLVD N/0 WASHINGTON AV LOUISE ST 19TH ST 22ND ST MARION WY W/0 ALONA ST HESPERIAN ST OLIVE LN SANTA CLARA AV RIVIERA DR OLIVE ST 21ST ST BUFFALO AV PACIFIC AV S/O 21ST ST SANTA CLARA AV PACIFIC AV MARION WY RIVIERA DR PARK LN FLOWER ST JONQUIL RD POINSETTIA ST S/O 20TH ST 20TH ST POPLAR ST 21ST ST RIVIERA DR RIVIERA DR BAKER ST FLOWER ST ROSEWOOD AV 21ST ST RIVIERA DR RUTH CIR TOWNER ST W/O TOWNER ST SANTA CLARA AV W/0 ALONA ST BRISTOL ST SANTA CLARA AV BRISTOL ST FLOWER ST SANTA CLARA AV FLOWER ST GREENLEAF ST SPRUCE ST 21ST ST SANTA CLARA AV SPRUCE ST MARION WY RIVIERA DR STAFFORD ST CUSTER ST LINCOLN AV TAMY LN S/O 21ST ST SANTA CLARA AV TOWNER ST 17TH ST RIVIERA DR VALENCIA ST S/O 20TH ST N/0 BUFFALO AV WASHINGTON AV SANTIAGO ST LINCOLN AV WESTERN AV CUBBON ST BROOK ST WESTERN AV WISTERIA PL HIGHLAND ST WESTWOOD AV 21ST ST RIVIERA DR WILSHIRE AV SULLIVAN ST CLARA ST WISTERIA PL RAITT ST GRAHAM LN EXHIBIT 2B CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING TIRE RUBBER MODIFIED SLURRY (PROJECT NO.: 136787) Page 2 of 2 r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING RUBBERIZED EMULSION AGGREGATE SLURRY (PROJECT 146812) ! 1 CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n0 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to the lowest responsible bidder, All American Asphalt, in accordance with the Base Bid, totaling $1,091,344, for the construction of the Local Streets Resurfacing using Rubberized Emulsion Aggregate Slurry. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,300,000 (Exhibit 1). DISCUSSION The City has made a significant investment to rehabilitate local streets over the last ten years, and therefore a top priority is to maintain and protect that investment. The City's Pavement Management Program effectively strategizes short and long -term maintenance schedules to maximize performance of the entire street pavement network, including identifying preventative maintenance improvements (Exhibit 2). The application of a surface slurry seal to streets every seven to ten years will ensure a continued high level of service. Historically, a conventional slurry seal has been used. Rubberized slurry seals offer superior performance over conventional slurry by providing a more flexible surface that resists cracking while also benefiting the environment by repurposing recycled tires. There are several rubberized slurry products available, including Tire Rubber Modified Slurry Seal (TRMSS) and Rubberized Emulsion Aggregate Slurry (REAS). Both provide similar wear and aesthetic characteristics. In an effort to compare the performance of each of these products, two projects are recommended for award on June 17, 2014. Both products are industry proven applications for street maintenance. Based on the bids received, staff recommends award of REAS for this contract. 23C -1 Contract Award for Local Streets Resurfacing Using Rubberized Emulsion Aggregate Slurry June 17, 2014 Page 2 Bid procedures have been followed as established by the City's Municipal Code and in adherence to the Public Contracts Code. The Notice Inviting Bids was advertised on April 29 and 30, 2014, and bids were opened on May 20, 2014. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 12 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDERS NAME LOCATION BID t All American Asphalt Corona $1,091,344 2 Pavement Coatings Company Juru a Valle $1,356,071 Two bids were received and deemed responsive, with All American Asphalt submitting the lowest responsive bid. Their bid amount of $1,091,344 compares favorably to the Engineer's Estimate of $1,100,000. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -51 was filed for this project. FISCAL IMPACT The estimated total delivery cost of this project is $1,300,000, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 1). Funding is available to cover costs in the Gas Tax Residential Street Improvement Fund (Account 05817661 - 66220). Edwin "William" Gal z, P.E. Interim Executive Director Public Works Agency EWG /ET APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez A{ Executive Director Finance & Management Services Agency Exhibit 1: Cost Analysis 2: Local Streets REAS Location Map & List 23C -2 Contract Award for Local Streets Resurfacing Using Rubberized Emulsion Aggregate Slurry June 17, 2014 Exhibit 1 COST ANALYSIS PROJECT 14 -6812 LOCAL STREETS REAS SLURRY Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED DELIVERY COST 23C -3 $1,091,344 $44,522 $55,000 $109,134 $1,300,000 23C -4 �Hp��� N N oRaNC e VN..LS.l1rII i SANTA ANA TIRB W, � � CONTRACT AWARD FOR P W A LOCAL STREEM RESURFACING USING RUBBERIZED EMULSION AGGREGATE SLIA I I {PROJECT NO: 148812) 23C -5 23C -6 Name From To ALPINE AV RAMONA DR OLIVE ST ALPINE AV WOODLAND PL ROSS ST ALPINE AV BIRCH ST E/0 BIRCH ST BAKER ST GARRY AV CARRIAGE DR BELL AV GARNSEY ST ROSS ST BERKELEY ST BAKER ST SHELTON ST BERKELEY ST LOWELL ST FLOWER ST BIRCH ST STEVENS AV KELLER AV BIRCH ST MACARTHUR BLVD ALTON AV BIRCH ST HIGHLAND ST BISHOP ST BIRCH ST PINE ST WALNUT ST BROADWAY BROADWAY PL S/0 BROADWAY PL CAROL AV W/O BIRCH ST BIRCH ST CENTRALAV BAKERST ROSEWOOD AV COLUMBINE AV WOODLAND PL MAIN ST CUBBON ST FLOWER ST BROADWAY CUBBON ST BROADWAY MAIN ST CURIE AV GARNSEY ST ROSS ST GARNSEY ST ALPINE AV COLUMBINE AV GARNSEY ST ANAHURST PL EDINGER (FRONTAGE) AV GLENWOOD PL BRISTOL ST LOWELLST HARVEY AV W/O BIRCH ST BIRCH ST HARVEY AV TIMBER ST E/O TIMBER ST HEMLOCK WY BAKER ST SHELTON ST KELLER AV WOODLAND PL BIRCH ST LOWELL ST WARNER AV ANAHURST PL LOWELL ST BERKELEY ST EDINGER (FRONTAGE) AV OLIVE ST WARNER AV ANAHURST PL ORION AV BIRCH ST E/0 BIRCH ST PARTON ST MACARTHUR BLVD ALPINE AV POMONA ST W/O SHELTON ST SHELTON ST POMONA ST LOWELL ST E/0 LOWELL ST POMONA ST FLOWER ST GARNSEY ST POMONA ST SYCAMORE ST MAIN ST RAMONA DR COLUMBINE AV N/0 COLUMBINE AV RICHLAND ST VAN NESS AV BROADWAY RICHLAND ST BROADWAY SYCAMORE ST ROSS ST ALPINE AV COLUMBINE AV ROSS ST S/0 ANAHURST PL SAINT ANDREW PL ROSS ST MCFADDEN AV CHESTNUT AV RUSSELL AV W /OMAGNOLIAAV MAGNOLIAAV SAINT ANDREW PL IFLOWER ST PARTONST EXHIBIT 2B CONTRACT AWARD FOR LOCAL STREETS RESURFACING USING RUBBERIZED EMULSION AGGREGATE SLURRY (PROJECT NO.: 146812) Page 1 of 2 23C -7 Name From To SAINT GERTRUDE PL BRISTOLST BAKER ST SAINT GERTRUDEPL FLOWER ST BROADWAY SAINT GERTRUDE PL BROADWAY MAIN ST SHELTON ST OCCIDENTALST EDINGER (FRONTAGE) AV SHELTON ST BROOKST WALNUT ST SIERRA DR W/O BIRCH ST BIRCH ST SIERRA DR TIMBER ST SYCAMORE ST STANFORD ST W/0 SHELTON ST SHELTON ST STAN FORD ST LOW ELL ST E/O LO W E LL ST SYCAMORE ST COLUMBINE AV ALTON AV SYCAMORE ST POMONA ST EDINGER AV SYCAMORE ST CUBBON ST RICHLAND ST TIMBER ST S/0 COLUMBINE AV COLUMBINE AV TIMBER ST S/0 SIERRA DR ALTON AV TOWNER ST WARNER AV ANAHURST PL WOODLAND PL KELLER AV JUNIPER AV WOODLAND PL ALPINE AV COLUMBINE AV WOODLAND PL JANAHURST PL JEDINGER (FRONTAGE) AV EXHIBIT 2B CONTRACT AWARD FOR LOCALSTREETS RESURFACING USING RUBBERIZED EMULSION AGGREGATE SLURRY (PROJECT NO.: 146812) Page 2 of 2 23C -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT WITH THE LIBRARY CORPORATION FOR THE LIBRARY AUTOMATION SYSTEM CITY MANAG RECOMMENDED ACTION Authorize the City Manager and the Clerk of the Library Corporation, Inc. for database subscription to exceed $112,739 for a three -year term, subject City Manager and City Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Council to execute an agreement with The and maintenance services in an amount not to non- substantive changes approved by the On June 16, 2003, the City Council approved an agreement between the City of Santa Ana and The Library Corporation, Inc. (TLC) to provide a library automation system. TLC provides the Library with a web -based client server that manages library accounts and maintains an inventory of books in -stock and circulating. The software allows patrons to search the catalog of inventory from a Library computer, or remotely through an internet connection. The software includes a report module that prints a variety of information, including circulation statistics and the number of titles in each collection. The acquisition module helps manage the book budget for each collection and provides a quick and efficient way to search for new titles, process orders, and catalog items being added to the collection. Maintenance services include 24 -hour telephone and online support, licensed software updates, staff training, online access to cataloging resources, and enhanced content databases. The agreement is for a three -year period from July 2014 through June 2017 at a cost of $31,618 per year. By committing to a three -year term, the city will not be subject to the company's annual CPI increase thereby realizing a savings of $9,806 for the City over the three -year period. The service will be upgraded by providing enhanced presentation of book content on the public catalog. The cost of the upgrade for three years will total $17,405. Additionally there is a one- time charge of $480 for Quickscan support. The total cost of the agreement is not to exceed $112,739 over the three -year term. 25A -1 Agreement with The Library Corporation June 17, 2014 Page 2 FISCAL IMPACT Funds are available in the Library's Technology & Support Services account (01111190 62300). APPROVED AS TO FUNDS AND ACCOUNT: i Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency Exhibit: 1. Agreement 25A -2 AGREEMENT WITH THE LIBRARY CORPORATION FOR LIBRARY SUPPORT AND SERVICES THIS AGREEMENT, made and entered into this 17th day of June, 2014 by and between The Library Corporation, a corporation organized under the laws of the State of Maryland, with its principal place of business at Research Park, Inwood, West Virginia, (hereinafter "TLC" or Consultant), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. In 2001, Consultant TLC and the City entered into an agreement whereby Consultant installed and serviced a computerized system consisting of hardware and software for authority control, cataloging/database management, public access cataloging, circulation, acquisitions, bookmobile, homebound, serials control, OPAC access via the World Wide Web, external /internal multimedia database access, internet sessions, and management Information systems. Since 2001, consultant has been retained to maintain, upgrade and service the library information computer system. City desires to retain Consultant to maintain, service and upgrade the library computerized information system. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $112,739.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 16, 2017, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be 25A -3 subject to three (3), one -year extensions on the same terms and conditions upon an Amendment in writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 25A -4 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by 25A -5 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Library Director City of Santa Ana 20 Civic Center Plaza (M -75) P.O. Box 1988 Santa Ana, California 92702 Fax 714 -647 -6515 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -6515 To Consultant: The Library Corporation: Controller The Library Corporation Research Park Inwood, WV 25428 Telefacsimile (304) 229 -0295 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 25A -6 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25A -7 14. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUI7,AR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Att mey By: Je t Stnoar sistant City Attorney DAVID CAVA70S City Manager 25A -8 RECOMMENDED FOR APPROVAL: CONSULTANT: Gerardo Mouet (NAME) Executive Director — PRCS (Title) Tax ID# 25A -9 EXHIBIT A The Library Corporation (TLC) Services to be provided to the Santa Ana Public Library and annual costs for those services under the proposed three -year agreement. • Library Solution SUPPORT - $31,618.00 - Library Solution is the designation of TLC's Integrated Library System which Santa Ana Public Library has had in place since 2002. The Library Solution package includes: • You See More —The public access catalog which enables the public to browse /search our materials inventory by author, title, subject, series, International Standard Book Number (ISBN), keyword, notes and publisher. Patrons can also limit their search by medium, collection and other factors, while saving items to a list and storing the list in their personal account. • LS2 PAC —The newest TLC interface which facilitates use of mobile devices to access information, as well as the integration of a -book and other platforms into the system. LS2 PAC can be accessed in the library or remotely via the Internet. • LS2 Kids — The public access catalog which enables parents and children to search our materials inventory in a manner more accessible to younger users by way of pictures and age appropriate categories. This function is also accessible remotely via the internet and can be used for mobile devices. • L52 Staff —The web -based module which completes and documents transactions (check outs and check ins), maintains borrower histories and actions, and tracks and reports the status of each item in the inventory. This module provides software for the cataloging of new materials and their integration into the public catalog, and for the online selection and ordering of new materials. It also provides flexibility and scalability to permit mobile device usage for circulation tasks. • LS OSA —The software which tracks materials orders and insures that they are charged to the correct account. • LS Serials — The software that tracks magazine and newspaper orders, monitors reception of items, and adds them to the public access catalog. • 239.50 —Server Software for searching and retrieving information from a database over a TCP /IP computer network. • SIP Communication Software - software to permit utilization of Overdrive (e -book, e- audiobook) software within the catalog. • LS2 Reports —The web -based preprogrammed statistical reports. • Licensed software support includes telephone diagnostic service available during normal company business hours (7:30 a.m. 0 12:00 midnight EST Monday— Friday) additionally with emergency referrals from The Library Corporation's Operations Center to on -call personnel, 24 hours per day, 7 days per week. All Library.Solution customers have access to the Library Corporation's toll -free (800) telephone line. The Library Corporation shall respond in a prompt, commercially reasonsonable manner within two 25A -10 (2) hours during the support hours. Software Support also includes access to the Library Corporations' online support center, which can also be accessed 24 hours per day, 7 days per week to view, update, and submit support requests. Software support by the Library Corporation will provide: 1) Technical assistance by telephone, email, fax service and /or courier; 2) Correction of errors in Licensed Software; 3) New releases of Licensed Software modules and documentation, as available, at no charge other than the Software Support cost; 4) Off -site back -up of customized source code. OPAC Enrichment Support - $5,631 (year 1), $5,800 (year 2), $5,974 (year 3) — This service provides full -color book jackets to illustrate items in the catalog, increasing the attractiveness and utility of item descriptions. • SCAN 6000 Scanner Support - $480 (year 1), 0 (years 2 -3) — Technical support for breakdowns of hand scanners used in reading barcodes of items checked in /out. 2016- 2014 -2015 2015 -2016 2017 Cnmmanr Cost Breakdown Quickscan 6000 Plus Support $480 $0 $0 Remove Quickscan support after July 2015 Library Solution Software $31,618 $31,618 $31,618 Enhanced Content Renewal for book jackets $5,631 $5,800 $5,974 TOTAL $37,729 $37,418 $37,592 Three years $112,739.00 25A -11 25A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT WITH COMMUNITY SENIORSERV, INC. FOR THE FISCAL YEAR 2014 -2015 SENIOR MEALS PROGRAM CITY MANAGOR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rs11 =60:1111 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl 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 Community SeniorServ, Inc. in the amount of $77,398 for the 2014 -2015 Senior Meals Program, subject to non - substantive changes approved by the City Manager and City Attorney. In April 2014, the Parks, Recreations and Community Services Agency (PRCSA) was allocated Community Development Block Grant (CDBG) funding to support Senior Meals Programs. PRCSA, which manages and coordinates a variety of programs and activities for seniors, will utilize the allocation of CDBG funds to enter into an agreement with Community SeniorServ, Inc. to continue to provide the two programs, described below, in Santa Ana for the fiscal year 2014- 2015. The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and/or visits from case workers who regularly check on their well- being. The Senior Lunch Program will be offered at three sites in Santa Ana (Santa Ana Senior Center, Southwest Senior Center, and Vietnamese Community Center) to help alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and /or on a limited income. This nutrition program seeks to enhance the physical and mental well -being of the elderly population by: • Encouraging a sense of dignity; • Providing stimulating activities and volunteer opportunities; and • Augmenting participants' financial resources by providing donation -based meals. 2513-1 Agreement with Community SeniorSery Inc. for the FY 2014 -2015 Senior Meals Program June 17, 2014 Page 2 The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on FDA guidelines. FISCAL IMPACT Funds are available in the Community Development Block Grant account (13518783 69135). Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency Shelly L dry -Bayle Housing ivision Manager Community Development Agency GM /SLB /fh Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25B -2 5.11/10 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement, is hereby made and entered into this 1st day of July, 2014, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ( "CITY ") and Community SeniorServ, Inc., a California nonprofit corporation ( "SUBRECIPIENT "). WITNESSETH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG REGS "); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended ( "ACT "); and C. The SUBRECIPIENT is a private nonprofit corporation that has been selected by the CITY to receive CDBG funds and administer such fmancial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program ". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A -1 (Outcome Tracking). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. E. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 25B -3 I. A. Non - Profit Status - Renresentations and Warranties 5'11/10 (a) Authority. SUBRECIPIENT is a duly organized and existing non -profit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. B. Amount of Grant and Ouarterly Disbursement. The amount granted to SUBRECIPIENT is $77,398 ( "CDBG FUNDS "), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2015. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney.The CDBG FUNDS shall be disbursed by CITY to 25B -4 51111110 SUBRECIPIENT on a quarterly basis on or before the 15a' of each of the following months (October, January, April and July) subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. The CITY reserves the right to reduce the grant application what the CITY's fiscal monitoring indicates that SUBRECIPIENT rate of expenditure will result in unspent funds at the end of the program year. Amendments in the grant allocation will be done after consultation with grant recipient. C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2015 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the CITY's Grant Administrator, so long as the total budget amount does not increase. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable. F. Zoning. SUBRECIPIENT agrees that any facility /property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make 3 25B -5 5/11/10 good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility /property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A -110 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A -110 requirements. H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed. 1. Record Keeping/Reporting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the program services being provided to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race /ethnicity, and income verification of all household members ages 18 and over. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all r 5/11;10 contracts or documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. (z) Reports a. Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice /request for reimbursement and true copies of invoices, receipts, procurement documentation for goods or services, timecards, payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progress Report: SUBRECIPIENT agrees to keep records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, the number of female heads of households assisted, new program information and year -to -date program statistics on expenditures, caseload and activities. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder is conducted or in which any of the records of SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/Required Length of Record Keeoine. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which 25B -7 5/11/10 relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above - referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standin . SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be C r 5/11/10 made available to CITY upon request. The term "non- expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbyine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C -1). The undersigned shall require that the language of this certification be include in the award documents for all sub - awards at all tiers (including subcontractors, sub - grants, and contracts under grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG - assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis -Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the 25B -9 5/11/10 Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a -5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5. Further, the payroll reports (along with the "Statement of Compliance ") and basic records are required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 CY R §5.5. A breach of the contract clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a contractor /subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)]. V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low -and moderate - income persons residing within the community where the project is located and contracts awarded to local businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract. Compliance with the foregoing section requirements shall be a condition of the federal financial assistance provided under this contract and binding on the SUBRECIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT, their successors and designees, to those sanctions speficied by the agreement through which federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to execute a certification as set forth in 'Exhibit D" attached hereto and incorporated herein by this reference. X. Uniform Administrative Requirements for Non - Governmental Subrecipients/Non- Profits. The following requirements and standards must be complied with: OMB Circular A -122 "Cost Principles for Non -Profit Organizations" or OMB Circular A -21 "Cost Principles for Educational Institutions ", as applicable; 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations," as modified by 24 CFR 570.502(b); and, OMB Circular A -133, "Audits of States, Local Governments and Non - Profit Organizations ". Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's environmental responsibilities or the responsibility for initiating the environmental review process under 24 CFR Part 52. II. CITY'S OBLIGATIONS A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for 0 25B -10 5/1 VI 0 CITY's 2014 -2015 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2014 -2015 pursuant to this Agreement up to a maximum aggregate payment of SEVENTY -SEVEN THOUSAND THREE HUNDRED NINETY -EIGHT Dollars ($77,398) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis on or before the 15a' of the following months (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day -to -day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically. D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review and maintaining environmental review records for each applicable project. E. Performance Monitoring: CITY shall monitor the performance of the SUBRECIPIENT against goals and performance standards required herein. Substandard performance as determined by the CITY will constitute non - compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated. III. NONDISCRIMINATION 1. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any 25B -11 5/11/10 employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Sub recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause. 2. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance. 3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. The Sub - recipient is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended. 4. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, Sub - recipient agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Sub - recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Sub - recipient setting forth the provisions of this age discrimination clause. 5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified individual with a disability in the United States, as defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date of which such regulation is so submitted to such committees. IV. CONFLICT OF INTEREST Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1 -102 and A -110, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or indirect control of any CDBG monies granted to the CITY, 10 25B -12 5.11110 inclusive of the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR 570.2000): A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the Fast Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. The portion of a facility used to provide public services assisted in whole or in part under this agreement shall contain no sectarian or religious symbols.. E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or pernrit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate family" means spouse, child, mother, father, brother, sister, brother -in -law, sister -in -law, father -in- 11 25B -13 5/11,110 law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M -25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 -1988 TO SUBRECIPIENT: Holly Hagler Community SeniorServ, Inc. 1200 N. Knollwood Circle Anaheim, CA 92801 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. 12 25B -14 51111/10 X. INSURANCE 1. Commercial General Liability. CONTRACTOR agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the State of California, CITY, and CONTRACTOR against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence. Said policy of comprehensive public liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and volunteers, and the State of California, its officers, employees, and volunteers as additional insured; and state that such coverage is primary to any other coverage or self - insurance of the State of California and CITY. Governmental entities may substitute a certificate of self - insurance. 2. Automobile Liability Coverage. CONTRACTOR shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by CONTRACTOR employees or participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this Agreement, CONTRACTOR shall secure and maintain on file from all such employees, participants, or agents as self - certification of automobile insurance coverage. Governmental entities may substitute a certificate of self - insurance. 3. Workers' Compensation. If CONTRACTOR is an "employer ", as set forth in California Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor Code Section 3350 et seq., CONTRACTOR shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. CONTRACTOR shall carry medical and accident insurance for those participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. Equipment Coverage. CONTRACTOR shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by CONTRACTOR in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self - insurance. 5. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. CONTRACTOR understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. 13 25B -15 5,!11 %10 A. In accordance with the provisions of Section 3700 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall undertake self - insurance, or shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with respect to insurance or self - insurance programs maintained by the CITY; (3) contain standard separation of insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUBRECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(7).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non -CDBG funds for acquisition of, or improvement to, the 14 25B -16 5/1 U10 property. Such payment is program income to CITY C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XIL TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT 15 25B -17 Mull] shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. The grant of funds under this Agreement may be terminated due to the non- performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or failure to meet the performance standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LINIITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. 16 25B -18 5.11110 In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. Amendment XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations. XVL VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 17 25B -19 5 /11 /10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney C.� By: LISA E. STORCK Assistant City Attorney DATE: W. 25B -20 CITY OF SANTA ANA DAVID CAVAZOS City Manager SUBRECIPIENT: Name: Holly Hagler Title: Chief Executive Officer Tax ID: 95- 2771715 City of Santa Ana Scope of Work Name of Organization Community SeniorSery Name of Funded Program Home Delivered and Congregate Meals Program Annual Accomplishment Goal I. Total number of unduplicated clients (Santa Ana and Non -Santa Ana Residents) anticipated to be served by the funded ro ram, named above, during the 12 -month contract period. 9,000 Persons ll. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12 -month contract eriod. Persons Program and Funding Description III. Description of Work - In the space below, describe the program to be funded during the 12 -month contract period. What specific activities will be undertaken during the contract period. Please be concise in your response. Only the Santa Ana CDBG funds will be utilized to help fund the raw food costs of meals on wheels and congregate lunch meals to Santa Ana older adult participants. Home Delivered Meal Program: Participants in the Home Delivered Meals program will receive 3 meals per day 5 days per week and case management services. Meals will be delivered by paid and volunteer drivers. Eligiligy and case management services will be provided by CSS Case Managers. Participants will also have access to other services at no charge including in -home services, respite services, home safety equipment, and other resources. Congregate Lunch Program: Participants in the Congregate Lunch program's will be provided a daily (Monday- Friday) hot nutritional lunch at 3 nutrition sites in Santa Ana. Locations: Southwest Senior Center Santa Ana Senior Center Vietnamese Community Center Schedule of Performance Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12 -month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2 Quarter 1: July 1 -September 30 450 Persons Quarter 2: October 1 -December 31 250 Persons Quarter 3: January 1 - March 31 200 Persons Quarter 4: April 1 -June 30 200 Persons 1100 Total unduplicated Santa Ana Residents to be served. Schedule of Invoicing Estimate the amount of grant funds to be requested during the 12 -month contract period on a quarterly basis. Quarter 1: July 1 - September 30 $19,350 Quarter 2: October 1 - December 31 $19,350 Quarter 3: January 1 - March 31 $19,350 Quarter 4: April 1 -June 30 $19,348 $ 77,398.00 Total Grant Exhibit A Page 1 of 1 25B -21 City of Santa Ana Performance Outcome Tracking Activity/ Program Outcome Tracking Goal HUD Outcome Tracking HUD Goal Home Track program participants 80% of participants will Track Number of persons assisted Accessibility for the Delivered and while they are on the program remain independent during purpose of creating Congregate through quarterly the time services are Suitable Living Lunch assessments and provided. Environments Program reassessments. Describe how you will gather the tracking information, noted above, for that activity. Information is gathered for all participants in both programs (Home Delivered and Congregate Meals) during the intial assessment and then once annually. This information is updated in our database tracking network (SAMS) system and is then printed in quarterly reports which assist in completing our quarterly CDBG reports. The SAMS system supports all the basic demographic information required in the reports. Exhibit A -1 Page 1 of 1 25B -22 Organization Name Program Name Home Final Budget Expenditures Inc. Category Expenses Funded by Santa Ana Expenses Funded by Other Sources Total Program Budget Administrative Staff Salaries & Benefits $ - $ 414,269 $ 414,269 Program Staff Salaries & Benefits $ - $ 2,167,679 $ 2,167,679 Contractual/Professional Services $ - $ 115,610 $ 115,610 Office Supplies $ - $ 50,942 $ 50,942 Rent $ - $ 151,536 $ 151,536 Communications $ - $ 171,739 $ 171,739 Utilities $ - $ 109,432 $ 109,432 Insurance $ - $ 57,096 $ 57,096 OthecList below z. 1 Raw Food $ 77,398 $ 1,322,583 $ 1,399,981 2 In Kind $ - $ 676,733 $ 676,733 3 Program Supplies $ - $ 315,534 $ 315,534 4 Travel/Training $ - $ 48,550 $ 48,550 5 vehide /Building $ - $ 183,463 $ 183,463 6 Outreach and Other $ - $ 28,043 $ 28,043 Total $ 77,398 $ 5,813,209 $ 5,890,607 LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED (Total Funds for Program must equal Total Program Budget above) Source Amount Santa Ana $ 77,398 CDBG Other than Santa Ana $ 205,007 Senior Donations $ 779,051 Grants and Other Support Funds $ 230,518 In -Kind $ 676,733 Federal Funds $ 3,053,476 USDA $ 868,424 Total Funds for the Program $ 5,SSO,so7 Exhibit B Page 1 of 1 25B -23 Funded Personnel Name of Organization: Community SeniorSery Name of Program Home Delivered and Congregate Meals Program Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Compensation No Funding Allowed Under ESG $ $ $ $ $ $ $ $ $ $ is $ $ Total Amount Re uested $ $ $ Total Amount Requested $ " ^Position Title (only list funded positions) Annual Salary Annual Benefits Total Compensation Funds Requested for this position Percent of time serving Santa Ana Maximum Amount of eligible Com ensation NA $ $ $ $ $ $ $ $ $ $ is $ $ Total Amount Re uested $ $ $ Total Amount Requested $ �. • Type of Service Y V (only list funded services) Annual Contract Amount Total Compensation Funds Requested for this position Percent of timeserving Santa Ana Maximum Amount of eligible Compensation $ NA $ Total Amount Re uested $ Exhibit B -1 Page i of l 25B -24 #DIV /0! #DIV /O! #DIV. /O! #DIV /0! #DIV /0! #DIViO! #DIV /O! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIV /O! #DIV. /O! #DIV /0! #DIViO! #DIV /0! #DIV /O! #DIV /0! #DIV /0! #DIV /0! #DIV /0! #DIVi0! #DIViO! #DIV /O! #DIV /0! #DIV /0! #DIV /O! Certification Regarding Lobbying Certification for Contracts Grants Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Grantee /Contactor Organization Program Title Name of Certifying Officer Signature Date EXHIBIT C Page 1 of 2 25B -25 SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88 -352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1 -5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of 2 25B -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: MEMORANDUM OF UNDERSTANDING WITH THE ORANGE COUNTY WATER DISTRICT FOR WATER INJECTION WELLS AT CENTENNIAL PARK CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Orange County Water District for water injection wells at Centennial Park, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Orange County Water District (OCWD) is proposing the installation of four water injection wells and water supply lines in Centennial Park. The injection wells will be underground and installed flush to grade in four parking lots at Centennial Park (see attached MOU and site plan). The plan shows two alternatives (Alternative A & B) for the location of the water supply lines. The final route will be determined at a later date as more information becomes available. The injection wells will be used to inject purified recycled water into the aquifer that will be available for portable drinking water. This area has the lowest annual recorded groundwater elevation with the highest public water pumping levels. The project is estimated to raise the groundwater level up to 25 feet and lessen any colored water intrusion from the underlying deep aquifer. This location is also in close proximity to the Orange County Groundwater Replenishment System pipeline in the Santa Ana River. Construction of the well sites will be in phases to reduce impact to our park users. Each well will take 2 months to drill and 6 months to complete. Upon completion the OCWD will improve all parking lots and roadway in the park in exchange for establishing a 30 year easement agreement. The Centennial Park deed from the Federal Government requires the site to be used for recreational purposes only. Sections of the park were developed with Land and Water Conservation Grant Funding (LWCF) administered by the State. Any lease or easements in the park require approval from both agencies. Staff has informed both agencies of the OCWD proposal. Since all permanent improvements will be underground with minimal /no impact to the recreational purpose of the site, both agencies have granted preliminary approval, pending submittals of environmental analysis and other formal documents. OCWD will prepare the CEQA and NEPA Analysis for submittal to the State & NIPS. 25C -1 Memorandum of Understanding with Orange County Water District at Centennial Park June 17, 2014 Page 2 OCWD requested city approve a Memorandum of Understanding (MOU) so they can expend funding to prepare the environmental documents and preliminary development plans. OCWD understands that city needs formal State and Federal approval before City can enter into a long term easement agreement. FISCAL IMPACT There is no fiscal impact associated with this action. yU�tJ"'z' 6� Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Memorandum of Understanding 25C -2 Revised 6/09/2014 MEMORANDUM OF UNDERSTANDING By and Between THE ORANGE COUNTY WATER DISTRICT And THE CITY OF SANTA ANA For CONSTRUCTION AND OPERATION OF FOUR INJECTION WELLS, WATER SUPPLY PIPELINE AND DISCHARGE PIPELINE AT CENTENNIAL PARK WHEREAS, the construction and operation of four injection wells, water supply pipeline and discharge pipeline (Project) at Centennial Park will serve the interests of both the City of Santa Ana (CITY) and the Orange County Water District (DISTRICT); and WHEREAS, the City owns the property where the Project would be constructed and operated; and WHEREAS, CITY and DISTRICT wish to enter into this Memorandum of Understanding ( "MOU ") as a basis for establishing permanent and temporary easements on the property for the Project. NOW, THEREFORE, the parties hereto establish the following principles to guide their future negotiations on this matter: 1. Attached hereto as Exhibit 1 and incorporated by reference herein, is a depiction showing the approximate location of the four injection wells and water supply pipeline alignment proposed to be included in the proposed easement area. The final configuration and size of the easements would be based upon the final design of the well site locations and the alignment of the water supply and discharge pipeline. 2. District will construct each injection well below grade and will be centered in a parking stall. 3. District will require a 12- 15,000 square foot temporary work area at each injection well for 1.5 months to accommodate drilling, followed by a 3,000 square foot temporary work area at each injection well for 4.5 months to construct the well. These areas are shown in Exhibit 2. 4. District will require 30 year easements for the well sites and pipeline alignments. 5. District will coordinate with the City during construction to minimize disruptions at Centennial Park. 25C -3 Revised 6/09/2014 6. The District will be responsible for the design and construction of the project and preparation of all documents to comply with California Environmental Quality Act and National Environmental Policy Act and will provide staff assistance to the City of Santa Ana for coordination with the National Park Service. The District will provide the City with an administrative draft version of any environmental documents prepared for the proposed Project and respond to City comments on the draft documents prior to releasing the environmental documents for public review. The District shall not propose or agree to any mitigation measures that affect City lands without prior City approval, which may be withheld for any reason. 7. After the Project is completed the District will improve all parking lots and roadways identified in Exhibit 3 in exchange for establishing a 30 year easement for each component of the Project. Such improvements include removal and overlay of the top two inches of asphalt from the parking lots and roadways. 8. District acknowledges that it will be responsible for the replacement of all landscaping and park amenities that might be inadvertently damaged during construction as a result of contractor negligence. 9. The parties hereto agree to negotiate in good faith for the purpose of developing and executing easements for the Project, nothing contained herein shall be deemed a binding commitment upon or enforceable promise by either party. 10.The parties agree that a precondition to any binding commitment requires approval by the Federal Government inasmuch as the property in question was a Federal property transferred by the Department of Interior to the City as public benefit conveyance for development of a regional park and any easements thereon require Federal approvals. 11. The parties acknowledge that the City was awarded a Land and Water Conservation Grant to build improvements on the park which requires that the recreational abilities of the park be preserved at all times, but in no event shall the recreational abilities of the park in any single location be impacted beyond six (6) months. Accordingly, to the extent that a well site is located in one of the Grant improvement areas, the parties agree that any binding commitment may be subject to approval by the State of California, 12.The parties agree that any ultimate plan in developing and executing easements for the Project requires that the parties minimize any disruption to the operations of Godinez High School and the Centennial Career Education Center. 25C -4 Revised 6/09/2014 IN WITNESS WHEREOF, the City of Santa Ana and the Orange County Water District have entered into this Agreement as of the dates set forth below. CITY OF SANTA ANA Date: APPROVED AS TO FORM: City Attorney By: ATTESTED TO: By: City Clerk for City of Santa Ana ORANGE COUNTY WATER DISTRICT 2 in Shawn Dewane, President Michael R. Markus P.E., General Manager Date: APPROVED AS TO FORM: Rutan & Tucker LLP By: Joel Kuperberg, OCWD General Counsel 25C -5 25C -6 1• I 0. u y O C,4 w N U !-• O a a w Y C m o a Q% L C O O. c E N w c6 Y m � •6 a R G C w C N U W w � C m Q Q w N C a) _Q N O Q O a` p LL a� c p Ft J Z ` N T " "j U- LL , ^ a _ U) w n Cls' V' y f,..'... O 6 cc co con ." Cl O LL vO cr _ N° cn y N M N LL A N LL c0 a Q, m U U S w r. o O) O. C d ,(_•` C fn LL Y Y. T N R Q' a Q Oi O. Iry . $�y tip v p LU m cn Y N = O o N O f6 o `AI V 2 u' r O � O f f/i U i C7 w - C O N O C a c. V7 M 6 RJ O N , O t. . . LO •e y O C,4 w N U !-• O a a w Y C m o a Q% L C O O. c E N w c6 Y m � •6 a R G C w C N U W w � C m Q Q w N C a) _Q N O Q O a` p LL a� c p Ft J Z ` N T " "j '• LL a U) w ` N LL O 6 cc co Cl O LL vO cr _ N° cn y N LL A N c0 a Q, m r. o O) O. Y'dTC N G C fn Y CL W N a Q ".."- V/ U 6- a)a� .. In a U LU m + Y N = O a ` o `AI M O t w 2 u' r O Q Lo f y O C,4 w N U !-• O a a w Y C m o a Q% L C O O. c E N w c6 Y m � •6 a R G C w C N U W w � C m Q Q w N C a) _Q N O Q O a` p LL a� c p Ft J Z ` N T " "j li 41 t Uo rw qo� may. Y 1L let, lk 41 i kf� or in lit f I I' UZL I 1. O REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENTS FOR JAIL COUNSELING SERVICES CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a three -year agreement with Daniel Achatz for jail counseling services in an amount not to exceed $75,000 over a three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a three -year agreement with Luis Raul Martinez for jail counseling services in an amount not to exceed $75,000 over a three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute a three -year agreement with Felice Stinson Hernandez for jail counseling services in an amount not to exceed $75,000 over a three -year period, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Per California Department of Corrections and Rehabilitation, Title 15, the Santa Ana Jail is required to provide counseling services for the inmate population. Daniel Achatz, Luis Raul Martinez, and Felice Stinson Hernandez are well qualified and have been providing jail counseling services to the Santa Ana Jail for several years. Through these agreements, the counselors will provide counseling and instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, and chemical dependency avoidance to the inmates housed in the Santa Ana Jail. In addition, these services are crucial in providing required care outlined by the federal Prison Rape Elimination Act (PREA) and industry standards associated with suicide prevention protocols. The agreement terms will run from July 1, 2014 through June 30, 2017 and will not exceed $75,000 for the term of the agreements. 25D -1 Agreements for Jail Counseling Services June 17, 2014 Page 2 FISCAL IMPACT Funds for this agreement are available in the Jail Operations Contract Services account (no. 01114475 62300). C�Z - Carlos Rojas, Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance & Mgmt. Services Agency 25D -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this I" day of July, 2014 by and between Daniel Achatz (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his field, and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement which include counseling and/or instructional services to inmates in the areas of anger management, stress reduction, conflict management /resolution, domestic violence avoidance, chemical dependency, life skills /family issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of thirty seven dollars ($37.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $75,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2017 unless terminated earlier in accordance with Section 12, below, 25D -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work Linder this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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. 25D -4 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential hiformation" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 25D -5 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Santa Ana City Jail — Support Manager of Jail Operations City of Santa Ana 20 Civic Center Plaza M -88 P.O. Box 1988 Santa Ana, California 92702 Fax 714. 647 -8116 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: Daniel Achatz 4390 Monte Verde Pomona, CA 91766 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 trail, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 25D -6 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25D -7 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indeumify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney 0.y"/z'z- By: Jo h Str?ca Assistant City Attorney FOR APPROVAL: CARLOS ROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Daniel Achatz 25D -8 EXIMIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and /or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (5) chemicaldependency (6) life skills /family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow -up to the program material already delivered. 25D -9 25D -10 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of July, 2014 by and between Luis Raul Martinez (hereinafter "Consultant', and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his field, and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement which include counseling and/or instructional services to inmates in the areas of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills /family issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of thirty seven dollars ($37.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $75,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2017 unless terminated earlier in accordance with Section 12, below. 25D -11 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in fall 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. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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. 25D -12 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 25D -13 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714 - 647 -6956 With courtesy copies to: and Santa Ana City Jail — Support Manager of Jail Operations City of Santa Ana 20 Civic Center Plaza M -88 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -8116 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: Luis Martinez 300 West 2°" Street, #201 Santa Ana, CA 92701 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consuiltant 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. 25D -14 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 fiuther 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25D -15 16. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, in lulling reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney By: r S a nt City Attorney FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Luis Raul Martinez ri 25D -16 EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and/or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management /resolution (4) domestic violence (5) chemical dependency (6) life skills /family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow -up to the program material already delivered. 25D -17 25D -18 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this I" day of July, 2014 by and between Felice Stinson Hernandez (hereinafter "Consultant', and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, fife skillsifamily issues and community resources to the inmates housed at the Santa Ana City Jail. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his field, and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant and City shall perform those services as set forth in Exhibit A to this Agreement which include counseling and/or instructional services to inmates in the areas of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skillslfmtily issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of thirty seven dollars ($37.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $75,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2017 unless terminated earlier in accordance with Section 12, below. 25D -19 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. 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. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be fumished 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. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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, 25D -20 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability; (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 25D -21 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: and Santa Ana City Jail — Support Manager of Jail Operations City of Santa Ana 20 Civic Center Plaza M -88 P.O. Box 1988 Santa Ana, California 92702 Fax 714 - 647 -8116 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant: Felice Stinson Hernandez 820 South Pixley Street Orange, California 92868 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, duty 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 25D -22 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City with or without cause upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the City Manager may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement: 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the tinted States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 25D -23 16, MISCELLANEOUS PROVISIONS a. Each undersigned represents end warrants that its signature hcreinbelow 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, hold by the signatory or is withdrawn. b. AN Exhibits referenced herein and attached hereto shall be incorporated as if folly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk e: the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J h ssistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Felice Stinson Hernandez 25D -24 EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and /or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (S) chemical dependency (6) life skills family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow -up to the program material already delivered. 25D -25 25D -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT WITH COMPULINK MANAGEMENT CENTER, INC. FOR DOCUMENT MANAGEMENT SYSTEM UPGRADE AND MAINTENANCE CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Compulink Management Center, Inc. for upgrade and maintenance of the City's Laserfiche Document Management systems in an amount not to exceed $485,000 over three years, with the option for two one -year renewals not to exceed $110,000 annually, subject to non - substantive changes approved by the City Manager and City Attorney. Costs are inclusive of Laserfiche Rio software licenses & professional services ($180,000), maintenance for the City and Police Department ($260,000) and scanning services ($45,000). DISCUSSION In 2002, after an evaluation of technology solutions, the Finance & Management Services Agency recommended and the City Council authorized the execution of an agreement with Compulink Management Center, Inc., for the implementation of the Laserfiche document management system. Laserfiche is the market leader in municipal government document management systems. Its system is in use in many other Orange County cities and throughout the state and country. According to a 2014 survey conducted by Info -Tech Research Group, Laserfiche scored high as a leading product and is a leading vendor and trend setter within the industry. With the additional new product offerings such as Workflow, Forms, Digital Signature and Laserfiche Mobile, they are viewed as a valued partner for future initiatives and create innovation and efficiency. The current Laserfiche system allows staff to electronically store, index, process, and retrieve pertinent City records. It is in use in the Clerk of the Council's Office, Finance and Management Services Agency, Public Works Agency, Community Development Agency, Housing Authority, Planning and Building Agency, and Police Department. The system is integrated with the City's financial, municipal utility services, business license tax, dog license, and GIS systems allowing 25E -1 Document Management System Upgrade and Maintenance June 17, 2014 Page 2 access to related business documents and engineering drawings from the corresponding business application systems. In an effort to implement strategies within the Strategic Plan & follow guiding principles, such as innovation & efficiency, the Finance & Management Services Agency strives to promote a paperless environment and use technology to improve business processes. City departments have experienced greater operational efficiency and improved customer service in the area of document management. In addition, the system has also reduced physical document storage space requirements and enhanced the City's records retention program. Staff recommends upgrading the Laserfiche systems at City Hall to the Laserfiche Rio product providing new features including workflow, forms, digital signatures, mobile apps, and enhanced web browser access. Laserfiche Rio will provide tools to implement City Strategic Plan goals involving innovation and efficiency by automating laborious and time - consuming business processes, reducing processing time, adding control, and improving service delivery. The agreement provides for annual software maintenance and support as well as scanning services to continue the backfile scanning of the former Fire Department records that the City is responsible for and scanning of other City records. A Governance Committee has been formed to provide high -level guidance and direction to the City's document management I business processes and to address related city strategic plan goals. Projects that are currently on the list to review are: • Public Records Act Requests • RFCAICouncil Agenda Process • Contracts Management • Service Requests FISCAL IMPACT Funds are available in the Contract Services account (no. 10910145- 62300, $257,688) of the Information Systems Strategic Plan Misc., and Computer Software account (no. 10910145- 66510, $122,221); Police Department Computer Systems (no. 01114425 - 62300, $93,531); and Inmate Welfare Fund account (no. 02314475 - 62300, $11,560). Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez SiZ Executive Director Finance and Management Services Agencyr 1 Exhibit 1: Laserfiche Enterprise Software License and Professional Services Agreement 25E -2 Laserfiche Enterprise Software License and Professional Services Agreement This Enterprise Software License and Professional Services Agreement ( "Agreement ") entered into by and between Compulink Management Center, Inc., a California corporation doing business as Laserfiche ( "Laserfiche "), 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, with its primary place of business at 20 Civic Center Plaza, Santa Ana, CA 92701 (referred to as "Licensee "). RECITALS A. Laserfiche designs, develops and markets enterprise content management (ECM), business process management (BPM), and related software programs, products and professional services under the Laserfiche® brand name. Licensee desires to acquire the Laserfiche Software described in Schedule A (the "Laserfiche Software "), the professional services described in Schedule D and Section 4 (the "Services "), training described in Schedule E, and scanning services described in Schedule G of this Agreement. B. Licensee has therefore requested, and Laserfiche has agreed to grant, an enterprise software license authorizing Licensee to use the Laserfiche Software on all computer hardware and peripherals owned, leased or managed by Licensee, subject to the terms and conditions of this Agreement. C. Laserfiche Software constitutes valuable proprietary products, information and trade secrets of Laserfiche, embodying substantial creative efforts and confidential information, ideas, and expressions. Laserfiche has invested large amounts of capital and time to develop and promote the Laserfiche Software. Laserfiche claims copyrights and proprietary trade secrets in the Laserfiche Software. THEREFORE, in consideration of the premises and covenants contained in this Agreement, Laserfiche and Licensee agree as follows: 1. Term. This Agreement commences on the date first written above and includes provisions with various terms. The teen of the software licenses purchased under this Agreement is perpetual and can only be terminated in accordance with Section 14, below. The term for purchasing software licenses, training, and professional services under this Agreement is thirty -six (36) months during which the pricing and rates will be as described in this Agreement. Thereafter, pricing and rates will be at Laserfiche's then - published rates or as agreed upon by the parties. Laserfiche Enterprise Software License and Professional Services Agreement 25E -3 Page 1 The term for purchasing scanning services under this Agreement is thirty -six (36) months during which the pricing and rates will be as described in this Agreement. License may renew this provision for two (2) one (1) year renewals. Thereafter, pricing and rates will be at Laserfiche's then - published rates or as agreed upon by the parties. The term for maintenance and support, referred to as the Laserfiche Software Assurance Plan ( "LSAP "), will commence June 12, 2014, and continue for one (1) year. Thereafter, Licensee may renew the LSAP for one year terms on June 12 of each year. The annual LSAP rates will remain fixed during the first three (3) years and, thereafter, be subject to the increase limits set forth in this Agreement. The option to renew will be exercised by Licensee's Executive Director of the Finance and Management Services Agency or other authorized staff designated by Licensee. 2. Definitions. A. "Laserfiche Software" means any software program, application, integration, customization, derivative work, or related software product developed, created, written, owned, licensed, distributed, sold or marketed by Laserfiche or licensed or marketed under the LaserficheO trademark. For purposes of this Agreement, "Laserfiche Software" is described in Schedule A and includes all maintenance modifications to the Laserfiche Software provided to licensees. B. "LSAP" means the annual software maintenance agreement provided by Laserfiche to Licensee and known as the "Laserfiche Software Assurance Plan," or by its acronym "LSAP." All LSAP references in this Agreement shall refer to the LSAP "Basic" level of coverage which is described in Schedule F, attached and incorporated by this reference. C. "Acceptance" means that the Laserfiche Software has performed substantially in conformance with Laserfiche's Warranty for 30 days following installation of the Laserfiche Software. Licensee will conduct User Acceptance Testing (pursuant to Section 2.1) below) to determine if the Laserfiche Software has performed in accordance with Laserfiche's Warranty. Licensee's failure to notify Laserfiche in writing of any discrepancies within 30 days of installation of the Laserfiche Software will constitute Licensee's Acceptance. Upon Licensee's Acceptance of the Laserfiche Software, and except as otherwise specifically set forth in this Agreement, the Laserfiche Software license fee consideration paid to Laserfiche, together with the purchase of the LSAP maintenance agreement and the balance of any moneys due for the license of the Laserfiche Software, will all become final and non - refundable. D. _ "User Acceptance Testing (UAT)" refers to the testing procedures used to ensure that the Laserfiche Software solution reasonably satisfies Licensee's functional requirements as set forth in the Scope of Work attached to this Agreement and that it complies with Laserfiche's Warranty. User Acceptance Testing is intended to identify and expose defects and bugs in the Laserfiche Software solution and to communicate all known issues to the Laserfiche project team and ensure that all issues are addressed in an appropriate manner before full implementation of the solution. During this stage of the project, Licensee should exhaustively test the system. This testing should be done using a testing plan developed by Laserfiche Enterprise Software License and Professional Services Agreement 25E -4 Page 2 Licensee and reviewed by Laserfiche's Professional Services Group ( "PSG "). The goals of UAT are as follows: • Goal # 1: Identify and resolve all non - core - product defects that have occurred during the project's implementation process. For example, a Laserfiche workflow is accidently configured to route a document to the wrong person. Goal #2: Identify and resolve all core product defects that are relevant to Licensee's particular implementation, but which may also affect other Laserfiche clients generally. For example, a Laserfiche Workflow product causes an error when trying to connect to a database, even though the product has been correctly configured during the project's implementation process. If an immediate resolution is not possible, an appropriate work- around may be implemented with Licensee's approval, which will not be refused unreasonably. • Goal #3: Ensure the system satisfies all material technical and business requirements specified in the Scope of Work (SOW). During the UAT phase of the project, it is especially important to identify defects associated with Goal #1 and Goal #3, as these defects will not be covered by the Laserfiche Software Assurance Plan (LSAP) after the project is completed. Upon successful completion of the UAT, Licensee will sign a UAT form and will schedule the installation or implementation in the production environment. Before moving past the UAT phase of the project, Laserfiche PSG will require that Licensee give its written approval to move the system into production, which will not be refused unreasonably. Once Licensee approval is given, the project will unconditionally "close out" within 10 days after approval. If Licensee does not respond in writing to Laserfiche's request for approval to move the system into production within 10 days of Laserfiche's request, or Licensee does not reasonably refuse such approval within the 10 -day period, Licensee will be the deemed to have approved moving the system into production. After "close out," all new work not covered by the LSAP agreement will be considered a new billable project. E. Stabilization. This stage of the project occurs after the system or component has started its production life following its Acceptance by Licensee. During this stage, one or more members of the Laserfiche PSG implementation team will be directly available to Licensee to help resolve all product issues (both core and non -core) that are identified in the production environment (although no work will be done in other environments). Unless otherwise stated in any SOW, the Stabilization stage will continue for 30 days following the commencement of the production phase, at which point the project will be considered closed. Once closed, all new work not expressly covered by LSAP will be considered a new billable project. F. "Delivery of Software" means the date that Laserfiche delivers or makes available to Licensee the Laserfiche Software described in Schedule A for installation at the location(s) identified in Schedule B of this Agreement. Delivery of Software will be electronic via download from Laserfiche's web or ftp site. Laserfiche Enterprise Software License and Professional Services Agreement 25E -5 Page 3 G. "Derivative Work" means all software developed, created or written by or at the request of Laserfiche or any subsidiary or affiliate of it, which is based on or incorporates the Licensed Software. Derivative Work will include, without limitation express or implied, all translations, abridgments, condensation, improvements, updates, modifications, supplements, enhancements, or any other form or format in which the Licensed Software or the Documentation (as defined below) may be recast, transformed, adapted or revised. Derivative Work will also refer to any other software which the parties mutually designate in writing as a Derivative Work. H. "Documentation" means the current versions of all manuals, toolkits, guides and other written instructions, including information in computer readable format, published by Laserfiche and currently being used in connection with the Laserfiche Software, including all written addenda, supplements, additions, and modifications to the Documentation. I. "Warranty" means the Laserfiche's Limited Warranty as set forth in Section I1 of this Agreement. 3. Pavment of License Fee for Laserfiche Software Licenses. A. Laserfiche Software Licenses Purchased. Licensee will pay Laserfiche the license fees for the Laserfiche Software Licenses Purchased specified in Schedule A. B. Laserfiche Software License Purchase Option. Licensee will have the option to purchase additional (optional) Laserfiche Software Licenses at the prices specified in the Price Schedule listed in Schedule A for a period of thirty -six (36) months from the execution date of this Agreement ( "Purchase Option "). After the thirty -six (36) month Purchase Option term expires, Licensee may purchase additional Software Licenses at Laserfiche's then published prices, unless the parties agree to different prices at that time. Additional Software License purchases will be ordered by way of a purchase order or purchase communication referencing this Agreement from Licensee's Executive Director of Finance and Management Services Agency or Licensee's other authorized designee to the Laserfiche Account Representative assigned to Licensee. C. Software Payment Terms. All Laserfiche Software products will be subject to the terms, covenants, conditions, restrictions, disclaimers and limitations in this Agreement. The payment terms are specified in Schedule C. The payment of the software license fee by Licensee to Laserfiche will become final and non - refundable upon Acceptance of the Laserfiche Software. Time is of the essence in regard to all payments due under this Agreement. 4. Professional Services. Laserfiche will provide consulting, development, integration, installation, configuration, custom training, and other implementation services (the "Services ") that are specified in any Scope of Work document ( "SOW ") that may be attached to Schedule D and incorporated to this Agreement by reference at any time during the term of this Agreement. The Services to be Laserfiche Enterprise Software License and Professional Services Agreement 25E -6 Page 4 furnished and any SOW attached to this Agreement are subject to the following terms and conditions: A. Payment for Services (1) VIP Professional Services. Laserfiche provides a VIP Professional Services Pack that includes a designated number of pre -paid discounted Laserfiche professional services hours as well as other special client benefits including admission to the annual Laserfiche User Conference. VIP Service hours are most commonly utilized to provide services that are not covered by LSAP as well as for small projects that come up throughout the year. Licensee will pay Laserfiche the amounts for the quantities of the VIP Professional Services Pack(s) specified in Schedule D, Description of Professional Services, for the June 12, 2014, - June 11, 2015, period. Licensee may use these hours as it desires for Laserfiche professional services engagements with an associated SOW totaling 40 hours or less. The VIP Professional Services Pack hours can fund Laserfiche professional services including installation, configuration, custom training, consulting, project management, and other implementation services involving the Laserfiche solution. The term of each VIP Professional Services Pack purchased will be one (1) year and will coincide with the annual LSAP maintenance term. Laserfiche will track Licensee's VIP Professional Services hours used and provide usage and balance information to Licensee upon request. Unused VIP Professional Services hours will expire at the end of that year's term. Licensee is not required to purchase the VIP Professional Services Pack but may do so in whole or fractional amounts with each year's LSAP renewal. (2) Fees, Price Protection. Laserfiche Professional Service hours provided will be deducted from any available hours in Licensee's VIP Professional Services Pack Hours bank. When Licensee's VIP Professional Services Pack hours have been exhausted, Laserfiche Professional Services will be billed to Licensee on a Time and Materials (T &M) basis of the actual hours worked at the Laserfiche Professional Services Rates specified in Schedule D. Laserfiche will make available Laserfiche Professional Services to Licensee at the rates specified in Schedule D for a period of thirty -six (36) months from the execution date of this Agreement. Thereafter, Professional Services rates will be at Laserfiche's then - published rates or as agreed upon by the parties. The fees specified in any SOW are the total fees and charges for the Services specifically described in that SOW. If Licensee requires Services not specified in the SOW, or if the scope of work changes, Laserfiche will provide such Services at the rates specified in Schedule D, or, if after the term of this Agreement, at Laserfiche's then- published rates. Upon Licensee's Acceptance of all or any portion of the Services or Acceptance of the Laserfiche Software, and except as otherwise specifically set forth in this Agreement, the fees paid or owed to Laserfiche for the Services which Laserfiche has furnished before such Acceptance will be final and non - refundable. Laserfiche Enterprise Software License and Professional Services Agreement 25E -7 Page 5 (3) Out -of- Pocket Expenses. Laserfiche will not charge travel - related expenses or time for travel to and from Licensee's location in Santa Ana, California. Licensee will reimburse Laserfiche for all other reasonable out -of- pocket expenses as specified in the SOW that are incurred in performance of the Services. Laserfiche will obtain Licensee's written approval before incurring an expense which is not authorized by any SOW, purchase order, or other writing signed by Licensee, and which exceeds $2,500, unless Laserfiche incurs the expense due to emergency or other unforeseen circumstances which delay Laserfiche's ability to obtain such approval, in which case Laserfiche will seek approval of the expense after the fact. Licensee will approve all reasonable and necessary expenses incurred by Laserfiche in performance of the Services within 10 business days following Laserfiche's request for approval. Approval of expenses may be by email, fax or other communication confirmed in writing. B. Obligations of Laserfiche (1) Work on Licensee's Premises. Laserfiche's employees and agents will, whenever on Licensee's premises, obey all reasonable instructions and directions issued by Licensee. (2) Project Manager. Laserfiche will assign a Project Manager for the work to be provided in any SOW. The Project Manager will act as Laserfiche's representative and contact person with regard to the Services furnished to Licensee pursuant to this Agreement. Should this person no longer be active on Licensee's account or cease to be employed by Laserfiche for any reason, Laserfiche will designate a successor Project Manager reasonably acceptable to Licensee. (3) Consultations, Reports. Laserfiche will make available Laserfiche's representative, who will be mutually agreed upon by Laserfiche and Licensee, for monthly meetings, either in person or by telephone conference, to review the progress of all work under this Agreement. If requested by Licensee, Laserfiche will also prepare and submit to Licensee each month a written report setting forth the status of such work in a format to be mutually agreed upon by Laserfiche and Licensee. C. Obligations of Licensee (1) Licensee agrees to make available to Laserfiche, upon reasonable notice, computer programs, data and documentation required by Laserfiche to complete the Services. (2) Project Manager. Licensee will assign its own Project Manager to be Licensee's representative and contact person with regard to the Services to be furnished to Licensee pursuant to this Agreement; and should this person no longer be active on the Laserfiche project or cease to be employed by Licensee for any reason, Licensee will designate a successor Project Manager reasonably acceptable to Laserfiche. D. SOWS Laserfiche Enterprise Software License and Professional Services Agreement 25E -8 Page 6 (1) When requested by Licensee during the term of this Agreement, the parties will in good faith negotiate and develop a Scope of Work document ( "SOW') which, upon signing, will be attached to and incorporated to this Agreement by reference. The following provisions will govern SOWS generally: a. Term. In the absence of an express provision for the duration or early termination of a SOW, each SOW will be terminable in accordance with the provisions of this Agreement. b. Payment. SOWs may specify their own payment terms but should be based on the rates specified in Schedule D. In addition to Time and Materials (T &M), payment terms may be lump sum, periodic payment, payment against performance milestones, or a fixed price. If not specified, payment terms shall be T &M. As described above, VIP Professional Service hours may be used to fund SOWS. c. Content. SOWS will include written specifications for the work to be performed such as engagement goals and objective, requirements, time frame, resources, estimated hours and / or cost, and any other information that helps define the scope of the engagement. The content of the SOW will be flexible based on the type and size of the engagement. d. Costs of Negotiating. Each party will bear its respective costs relating to the negotiation of each SOW. e. Other. Each SOW may contain such additional terms and conditions as may be mutually agreed to by the parties. (2) Installation and Testing. All computer software programs developed or provided pursuant to any SOW will be subject to Acceptance pursuant to the Acceptance procedures and practices described in Section 2.1) of this Agreement. If any software developed by Laserfiche pursuant to any SOW is not accepted, or if Licensee decides to terminate Services of the SOW before Acceptance of the completed work, Licensee may terminate the SOW without obligation to compensate Laserfiche for Services not yet provided as of the effective date of termination unless the SOW provides for different payment terms on termination. However, Licensee will nevertheless compensate Laserfiche for its Services provided prior to the effective date of termination, based on time and materials consistent with the rates agreed upon in the attached Schedules. Upon Acceptance of the Laserfiche Software or Acceptance of the Services, all fees for the Services furnished before such Acceptance will be final and non - refundable. E. Recruitment During the term of this Agreement and for six months thereafter, and except as limited by applicable law, Laserfiche and Licensee agree not to recruit, hire of subcontract with the employees or full -time consultants (or who were formerly employed or full -time consultants in the previous six months) of the other party unless written permission is obtained from the other party. If a party breaches this Section, the breaching party will, within ten days of such breach, Laserfiche Enterprise Software License and Professional Services Agreement 25E -9 Page 7 pay the non - breaching party liquidated damages in an amount equal to 100% of the total salary or compensation paid by the non - breaching party to such current or former employee or full -time consultant in the last twelve months of his or her employment or consulting work. The parties further agree that money damages may not be an adequate remedy for a breach by a party of this Section and, therefore, in addition to any other legal or equitable remedies available to it, the non - breaching party will be entitled to obtain an injunction against such hiring and employment. F. Limited Warranty on Services Laserfiche warrants the following with respect to Services performed: (1) Compliance with Specifications. Laserfiche's Services will substantially conform to the descriptions of the Services (including performance capabilities, completeness, specifications, configurations, and function) set forth in any SOW. (2) Laserfiche Professionals. All Services provided by Laserfiche will be performed in a professional manner by qualified personnel. Laserfiche personnel will observe and comply with Licensee's security procedures, rules, regulations, policies, working hours and holiday schedules. In performing services at Licensee locations, Laserfiche personnel will use their best efforts to minimize any disruption to Licensee's normal business operations (3) Compliance with Specifications after Acceptance. For a period of 30 days after Acceptance of any Services, any custom software programs developed under this Agreement will operate substantially in conformance with the specifications for such software. (4) Non - Infringement of Third Party Rights. The Services will not violate or infringe upon the intellectual property rights of third parties, including their trade secrets, proprietary information, or trademark, copyright or patent rights. (5) Limitations. Laserfiche's liability for breach of any of the above warranties or for any damages resulting from a breach of warranty will be strictly limited as set forth in Section 11 below ( "LIMITATION OF LIABILITY AND DAMAGES"), 5. Installation and Training. A. Licensee will take the "ownership" role for installing the Laserfiche Software in the locations described in Schedule B of this Agreement. B. Laserfiche will provide training to Licensee personnel as described in Schedule E of this Agreement. C. Licensee personnel may attend scheduled training sessions at Laserfiche's offices in Long Beach, California, at Laserfiche's published charges. All Licensee personnel who attend training sessions will be responsible for any travel, food, lodging or other out -of- pocket business expenses incurred in attending the training session. Laserfiche Enterprise Software License and Professional Services Agreement 25E -10 Page 8 6. Laserfiche Software Assurance Plan (LSAP). A. Laserfiche will provide Licensee the Laserfiche Software Assurance Plan (LSAP) as described in Schedule F, Laserfiche Software Assurance Plan, attached to this Agreement. B. LSAP support services will commence beginning with the Delivery of Software for installation at Licensee's locations. The parties recognize that the rollout of the Laserfiche Software for Licensee may present unique issues. Therefore, upon Licensee's request, Laserfiche will use its reasonable best efforts to expedite its responses to Licensee's requests for assistance to facilitate Licensee's Acceptance of the Laserfiche Software. C. The LSAP fees charged for additional Software Licenses purchased under the Purchase Option term of this Agreement (section 3.13) or beyond for the same Laserfiche Software Component License(s) Licensee already owns at that time (e.g.: to increase quantity) will be at the same rate(s) Licensee is already paying for said Software Component License(s) LSAP during that LSAP maintenance year. This will provide consistent rates on LSAP invoices for Software Licenses purchased at different times. The LSAP fees charged for additional Software Licenses purchased under the Purchase Option tern of this Agreement (section 3.13) in which Licensee does not already own said Software Component License(s) will be at the rate(s) specified in the Laserfiche Price Schedule listed in Schedule A for that LSAP maintenance year. 7. Grant of License. Description. Laserfiche grants Licensee a limited, irrevocable, non - exclusive, non- transferable license to use the Laserfiche Software described on Schedule A, subject to the terms and conditions of this Agreement and the License File which accompanies the Laserfiche Software. The Laserfiche Software may include, without limitation express or implied, some or all of the following types of software: (a) "Server Software" that provides document management services to other programs, and "Client Software" that allows a computer or workstation to access or utilize the services provided by the Server Software; (b) "Stand -alone Software" that operates on a single computer; and (c) "Plug -in Software Modules" that can be added to the previously mentioned Software packages. If a separate, express license applies to particular Laserfiche Software, such as terms that accompany a software development kit, "demonstration" software provided only for demonstration, testing and feedback purposes or software designated for "application service provider" purposes, those terms apply. Otherwise, this Agreement applies to the Laserfiche Software that is described in Schedule A and one or more License Files, which constitute plain text and machine readable code generated by Laserfiche, reside on the server or computer folders containing the Laserfiche Software, and are installed as part of the processing of downloading the Laserfiche Software. Laserfiche grants Licensee a limited, non- exclusive, non - transferable license to use the Laserfiche Software subject to the terms and conditions of this Agreement and the License Files which accompany the Laserfiche Software. A. Limitations and Requirements. (1) The License Files constitute part of this Agreement. The License Files define the scope and limitations of the Software. Licensee may use the Software only for Laserfiche Enterprise Software License and Professional Services Agreement 25E -11 Page 9 the number and types of users, until the expiration date(s), if any, described in the License Files, and subject to the other limitations specified in the License Files. If Licensee receives a License Manager program that enables installation of the Software for access by multiple users, Licensee may use the License Manager program only to install the Software for access by the numbers and types of users, and subject to the other limitations described in the applicable License File. (2) If a Rio product is being licensed, Licensee may install up to the maximum number copies of the Server Software listed in the applicable License File (labeled as "instances ") to multiple physical or virtual operating system environments so long as those installations have continuous network access to a running instance of the included License Manager program. Licensee may install only one copy of any License Manager program on a single physical or a single virtual operating system environment. (3) The Server Software may only be operated with the database system(s) (Microsoft SQL Server or Oracle) listed in the applicable License File. If no database system is listed in a License File, then such Server Software may only be operated with Microsoft SQL Server Express. (44) If a License File includes an item labeled as "databases" (also known as repositories), the Server Software may only host the number of databases listed in the License File, unless Licensee is acquiring a license to the Laserfiche Rio product. If Laserfiche Rio is being licensed, each running copy of the Server Software may host up to the mnnber of databases listed in the License File. (5) If a License File indicates that the Software includes "named user connections," Licensee may allocate the named user connections to specific individuals or devices at Licensee's discretion. When a named user connection is allocated to a specific individual person's Laserfiche or external directory account, that individual may not share the use of that named user connection by sharing the use of the account with others. When a named user connection is allocated to a device, the connection may only be used from that device and various individuals may share the use of that device so long as only one individual is accessing the Server Software from that device at a time. There are two types of named user connections — named user connections capable of modifying a database governed by the Server (referred to as "Named Full User" connections and listed in the License File as "named read -write objects ") and named user connections capable of only read -only access (referred to as "Named Retrieval" connections and listed in the License File as "named read -only objects "). Only the maximum number of each type of named user connection listed in the applicable License File may be allocated to individuals or devices. Named user connections may not be routinely reallocated for the purpose of lessening the number of named user connections required. A third type of named user connection is available on a limited basis, which has all of the capabilities of a Named Retrieval User connection, plus a limited set of additional read -write capabilities, which are listed in the License File. This third type of connection is referred to as "Restricted Named User" connection and is listed in the License File as "RestrictedNamedUserLimit." The Restricted Named User Connection has the additional capabilities listed in the License File in a section called "RestrictedUserFeatures." Only Laserfiche Enterprise Software License and Professional Services Agreement 25E -12 Page 10 the maximum number of each type of named user connection listed in the applicable License File may be allocated to individuals or devices. Named user connections may not be routinely reallocated for the purpose of reducing the number of named user connections required. (6) If a License File indicates that the Software includes 'concurrent user connections," the concurrent user connections may be shared among individuals. There are two types of concurrent user connections — concurrent user connections capable of modifying a database governed by the Server (referred to as "Full User" connections and listed in the License File as "read -write users ") and concurrent user connections capable of only read -only access (referred to as "Retrieval' connections and listed in the License File as "read -only users "). Once the maximum number of read -write or read -only concurrent user connections specified in the applicable License File is reached, no additional user connections of that type may be made, until some user connections of that type are closed. Individuals who require write access in the course of their work must use a Full User connection at all times; thus, individuals assigned to use a Full User connection may not use a Retrieval connection to perform read -only tasks which do not require a Full User connection. Hardware or software may not be used to reduce the number of concurrent user connections required for individuals to access or otherwise utilize Server services (sometimes called "multiplexing "). (7) If a License File indicates that the Software lists a maximum number of "Public Portal connections" (listed as "read -only public portals "), which are intended to allow members of the public (referred to as "Public Users ") read -only access to the Server Software only using a Laserfiche application known as WebLink, then once the maximum number of Public Portal connections specified in the License File is reached, no additional Public Portal connections may be made until some Public Portal connections are closed. If the License File lists a maximum number of CPU sockets that may be utilized to support Public Portal access (listed as "read -only CPU limit "), then Public Portal connections may be made only if the physical or virtual machine on which the Server Software is running has the listed number of CPUs or fewer. If neither a maximum number of Public Portal connections nor a maximum number of CPUs for Public Portal access is listed in the applicable License File, then no Public Portal connections may be made. If the Software is licensed with the Web Distribution Portal (listed as "SecurityProfiles =l" in the License File), all connections through WebLink will have the same security profile. (8) Licensee may not install a version of the Server Software later than the version listed in the applicable License File. (9) If a License File lists an expiration date, the Software referenced in the License File may not be run after that date. (10) If a License File specifies one or more languages, then the Laserfiche user interface may only be run in those languages. Laserfiche Enterprise Software License and Professional Services Agreement 25E -13 Page 11 (11) If Software requires a product key or keys to install or access it, Licensee is responsible for the use of the keys assigned to Licensee. Licensee is not authorized to share the keys with third parties. (12) Activation associates the use of particular Software with a specific device. This procedure is to prevent unlicensed use. During activation, the Software will send information about the Software and the device to Laserfiche. This information may include the product key of the Software, the internet protocol address of the device and information derived from the hardware configuration of the device. By downloading and using the Software, Licensee consents to the transmission of this information. (13) Add -ons and additional features that the Software can support may be used only when listed in a License File. (14) If Licensee desires to upgrade or enhance the capabilities of the Software or the numbers of users, connections or other features, Licensee must acquire the required additional rights from Laserfiche or an authorized reseller, in which case Licensee will also receive a new or updated License File. (15) The Software may only be used as intended, according to the capabilities made available through its various user interfaces and according to the Documentation. (16) As between Laserfiche and Licensee, Licensee will be solely responsible for configuring the Software and the databases to restrict access only to particular individuals who are permitted users hereunder. Licensee may delegate responsibilities relating to configuration to a third -party such as a reseller; however, it remains ultimately liable for complying with this License Agreement and the applicable License Files. Licensee waives all liability, claims, damages and suits against Laserfiche, and all of its employees, officers, directors and contractors in any way related to the unauthorized disclosure of, or access to, information or documentation in the databases, whether or not due to a defect in or malfunction of the Software. Licensee acknowledges that this License Agreement contains other limited warranties and limitations and waivers of damages and claims, and that Licensee's waiver of liability in this section will be in addition to, and not in lieu of, Licensee's other waivers set forth elsewhere in this License Agreement. (17) If Software is furnished to Licensee with materials indicating that it is "Demonstration, " "Beta" or "Test" software, Licensee acknowledges that: (A) Laserfiche is furnishing the Software to Licensee solely for demonstration, or testing and feedback purposes; (B) Licensee is strictly prohibited from using the Software for any purposes other than (i) demonstration of its capabilities to prospective licensees of the Software, (ii) evaluation and / or testing of the Software for suitability for the period allowed in the applicable License File, or (iii) providing feedback to Laserfiche; (C) testing does not include staging on a server in a production environment, such as loading content before or in conjunction with production use; (D) Laserfiche makes no warranties, representations or any other claims with regard to the Software's usability, reliability, performance, or overall quality; (E) Licensee will indemnify and defend Laserfiche Laserfiche Enterprise Software License and Professional Services Agreement 25E -14 Page 12 against any claim, suit, damages or other losses, including attorney's fees and expenses, resulting from the use of the Software by Licensee; and (F) Licensee's receipt of the Software does not constitute a license to use, sell, distribute, or commercialize the Software or copies of it. No compensation will be paid to Licensee for any use of the Software or for performing any service or giving any advice, analysis, or feedback to, or for the benefit of, Laserfiche. Licensee assigns and agrees to assign to Laserfiche without charge any suggestions, ideas, improvements and resulting intellectual property relating to any feedback it provides, for any purpose. Laserfiche's rights to the feedback survive the termination of this License Agreement. (18) If the License File lists the Standard Forms feature, then the forms features of Laserfiche may be used by Named Full Users. If the License File lists the Forms Portal feature, then Public Users may submit forms that initiate a forms business process, but Public Users may not participate in subsequent steps in the forms business processes, or create or configure forms or forms business processes, or otherwise use the forms features of Laserfiche. Named Retrieval Users and Restricted Named Users are defined as Public Users for this purpose. If the License File lists the Forms Portal and Authenticated Participants, then users designated as Authenticated Participants may submit forms after authentication and may participate in forms business processes at steps after the initial submission. However, Authenticated Participants may not create or configure forms or forms business processes or otherwise use the forms features of Laserfiche. B. Compatibility. Except as expressly warranted in the Documentation, Laserfiche does not warrant the Laserfiche Software for any computer and operating system. Licensee will be responsible for consulting with Laserfiche for information about compatibility. Licensee acknowledges and agrees that Laserfiche will not have any responsibility or liability for any defect, problem or software error which in any way results from or is attributable to any non- Laserfiche software, program, code, utility or application provided by Licensee, Laserfiche or any other third party provider. 8. Protection of Confidential Information. A. Each party may have access to information that is confidential to the other party ( "Confidential Information "). Laserfiche's Confidential Information will include, but not be limited to, the Laserfiche Software, including the object code, source code, and Documentation, the terms of this Agreement and all referenced schedules, formulas, methods, know how, processes, designs new products, developmental work, derivative works, the terms and pricing under this Agreement, and any other information which is clearly identified in writing at the time of disclosure as confidential and that meets the criteria for non - disclosure under laws of the State of California, including the California Public Records Act. During the term of this Agreement and for seven years following its termination, and for such additional term as the Laserfiche Software remains Laserfiche's trade secret or Confidential Information, Licensee will not directly or indirectly, alone or in conjunction with any other person or company, (a) attempt to write or develop software in order to discover the Laserfiche Software source code or other trade secrets contained in the Laserfiche Software; or (b) utilize the Laserfiche Software, Laserfiche Enterprise Software License and Professional Services Agreement 25E -15 Page 13 Documentation, or the Confidential Information, either directly or indirectly, to sell, market or distribute any software product which competes with the Laserfiche Software; or (c) utilize the Laserfiche Software, Documentation, or Confidential Information, directly or indirectly, to assist, advise or consult with any other person or company in selling, marketing or distributing any software product which competes with the Laserfiche Software; or (d) publish the Laserfiche Software for others to copy; or (e) utilize the Laserfiche Software, Documentation, or Confidential Information, directly or indirectly, to convert, or to assist, advise or consult with any other person or company to convert, any end user of the Laserfiche Software to a software product which competes with the Laserfiche Software; or (f) remove any product identification, copyright legend or other notices from the Laserfiche Software or Documentation, or directly or indirectly attempt to challenge the validity of the copyrights, trademarks, and trade secrets in the Laserfiche Software claimed by Laserfiche or third parties identified in the Laserfiche Software or Documentation. The software source code and the trade secrets therein are not licensed to Licensee, and all modifications, additions, or deletions are strictly prohibited. Licensee must obtain Laserfiche's prior written approval to disclose to a third party the results of any benchmark test of the Laserfiche Software unless such disclosure is required under the laws of the State of California, including the California Public Records Act. B. Licensee's Confidential Information will include, but not be limited to, its trade secrets, methods, processes, procedures, formulas, know -how, designs, new products, developmental work, marketing requirements, marketing plans, customer names and data, prospective customer names and data, the terms of this Agreement and all referenced schedules, and any other information clearly identified in writing at the time of disclosure as confidential and that meets the criteria for non - disclosure under laws of the State of California, including the California Public Records Act. C. Confidential Information also includes all information received from third parties that either party is obligated to treat as confidential and all verbally - disclosed information that is identified by either party as confidential, provided that any unwritten confidential information is subsequently (within 30 days of disclosure) confirmed to be confidential by a written memorandum describing the information furnished, claiming the information to be confidential, and describing the circumstances under which it was furnished. D. Confidential Information will not include information that: (i) was in the other party's lawful possession before its disclosure and was not obtained, directly or indirectly, as a result of a breach of confidentiality or violation of law by any non -party to this Agreement; or (ii) is or becomes a part of the public domain through no wrongful or illegal act or omission of the other party or of any non -party who breached a duty of confidentiality by placing the Confidential Information in the public domain; or (iii) is lawfully disclosed to the other party by a non -party without restriction on disclosure; or (iv) is independently and lawfully developed by the other party without use of or reference to the other party's Confidential Information or breach of this Agreement. In addition, this section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that, if permitted by law, the responding party will first have used reasonable efforts to provide notice to the other party of such a request or order, in order to permit such other party to oppose such disclosure or to obtain Laserfiche Enterprise Software License and Professional Services Agreement 25E -16 Page 14 a protective order requiring that the Confidential Information so disclosed be used only for the proposes for which the order was issued. E. The parties will not, unless required by law, make each other's Confidential Information available in any form to any third party (except each party's respective legal, tax, and accounting advisors, technology consultants, and other persons who have a reasonable need to know such Confidential Information for performance by Laserfiche or Licensee under this Agreement) or to use each other's Confidential Information for any purpose other than in the performance of this Agreement. Except to persons described in the previous sentence, Licensee will not disclose the results of any Acceptance tests results or findings without Laserfiche's prior written approval. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of this Agreement. The parties agree to hold each other's Confidential Information in confidence during and for seven years after the termination of this Agreement or until such Confidential Information is no longer confidential. Each party acknowledges and agrees that, because of the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this confidentiality provision, and that such breach would cause irreparable harm to the non- breaching party; therefore, the non - breaching party will be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under this Agreement. F. The exchanged Confidential Information will remain the property of the party disclosing such Confidential Information, and upon request, except where provided expressly to the contrary herein, the receiving party will return all Confidential Information received in tangible form to the disclosing party, or at the disclosing party's option, destroy all such Confidential Information and certify such destruction to the disclosing party. 9. Ownership of Data and Works; Copvrieht. A. Ownership. The Laserfiche Software is licensed and not sold. Laserfiche will retain ownership of, and title to, the Laserfiche Software and Documentation (including all adaptations, derivative works or copies). Licensee agrees that Laserfiche is the owner of all rights, title and interest in all computer programs that comprise the Laserfiche Software, including any source code, object code, derivative works, enhancements and modifications, all files, including input and output materials, all Documentation related to such computer programs and files, all media upon which any such computer programs, files and documentation are located (including tapes, disks and other storage media) and all related material that are used by, developed for, or paid for by Licensee in connection with the performance of any Services provided by Laserfiche. Licensee is acquiring the license under the terms described in this Agreement and the License File(s) described in Section TA above, and Licensee acquires no other rights. Licensee will retain ownership of, and title to, all content, data files, and similar materials developed and stored by Licensee. B. Proprietary Rights. The Laserfiche Software and the Documentation are protected by United States and other international copyright laws, conventions and treaties. Licensee agrees that all copyrights and other proprietary rights in computer programs, files, Documentation, and related materials that are paid for by Licensee or developed by Laserfiche in connection with this Agreement are owned by Laserfiche, and Licensee hereby assigns to Laserfiche Enterprise Software License and professional Services Agreement 25E -17 Page 15 Laserfiche all right, title and interest in such copyrights and other proprietary rights. Licensee may copy the Documentation solely for internal, reference purposes, as long as this Agreement is in effect and the copy includes all trademark and copyright notices set forth on the Documentation, and the use of such copy does not violate or breach any other term or provision of this Agreement. 10. Other Restrictions. Licensee may not sublicense, assign, loan, duplicate, rent, lease, convey or otherwise use, transfer, copy, translate, convert to another programming language, alter, modify, decompile, disassemble or reverse engineer the Laserfiche Software, in whole or in part, except as expressly permitted or authorized by this Agreement. Licensee will not use or acquire any Laserfiche Software product from anyone other than Laserfiche or an authorized Laserfiche reseller and will not use any illegal or unauthorized means to download, access or copy any Laserfiche Software product for any purpose whatsoever. Unless a separate license expressly authorizes a particular application or use of Laserfiche software, such as for "application service provider" purposes, all users of the Laserfiche Software must be employees of Licensee or independent contractors bound by contractual obligation to use the Laserfiche Software solely in the course of Licensee's business: all other uses of the Laserfiche Software are strictly prohibited, including, without limitation, (a) use in the business of an application service provider, commercial software hosting business or a scanning bureau, and (b) transferring, copying or other dissemination of the Laserfiche Software outside of the legal person that constitutes Licensee. Licensee will strictly comply with the all United States laws regarding or governing the export of technology. 11. LIMITED WARRANTY AND DISCLAIMER. A. Laserfiche warrants that the Laserfiche Software, as and when delivered to Licensee, will substantially conform to the specifications set out in the Documentation. In addition, defective media, if any, will be replaced when it is returned postage or shipping prepaid to Laserfiche. The warranties on the Laserfiche Software will continue in full force and effect for a period of thirty days after Licensee's Acceptance of the Laserfiche Software, B. Except as stated above, LASERFICHE LICENSES THE LASERFICHE SOFTWARE ON AN "AS IS" BASIS AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTIES OF ANY KIND. LASERFICHE DOES NOT WARRANT THE ERROR -FREE OPERATION OF THE LASERFICHE SOFTWARE. EXCEPT AS EXPRESSLY STATED ABOVE, LASERFICHE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LASERFICHE SOFTWARE. LASERFICHE DOES NOT WARRANT THAT THE LASERFICHE SOFTWARE WILL SATISFY THE REQUIREMENTS OF LICENSEE OR THAT IT IS WITHOUT DEFECT OR ERROR, OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. 12. LIMITATION OF LIABILITY AND DAMAGES. Laserfiche Enterprise Software License and Professional Services Agreement 25E -18 Page 16 A. LASERFICHE'S LIABILITY FOR ANY DAMAGES OR INJURIES SUFFERED BY LICENSEE, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AMOUNT THAT LICENSEE HAS ACTUALLY PAID TO LASERFICHE FOR THE DEFECTIVE OR NON - COMPLIANT LASERFICHE SOFTWARE COMPONENTS OR SERVICES WITHIN THE 12 -MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT LICENSEE FILES SUIT OR OTHERWISE NOTIFIES LASERFICHE OF AN EXISTING OR POTENTIAL CLAIM AGAINST LASERFICHE, WHICHEVER OCCURS FIRST. NO ACTION MAY BE BROUGHT AGAINST LASERFICHE OR ITS REPRESENTATIVES UNDER THIS AGREEMENT MORE THAN ONE YEAR AFTER LICENSEE DISCOVERED OR SHOULD HAVE DISCOVERED THE FACTS WHICH GAVE RISE TO THE CLAIM OR CAUSE OF ACTION. NO RESELLER, VAR, DISTRIBUTOR OR OTHER THIRD PARTY MAY MODIFY, SUPPLEMENT OR CHANGE THIS WARRANTY WITHOUT THE EXPRESS PRIOR WRITTEN APPROVAL OF LASERFICHE. B. UNDER NO CIRCUMSTANCES WILL LASERFICHE OR LICENSEE OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, RESELLERS, DISTRIBUTORS, AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, OR SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES ") BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, COSTS OF RECREATING LOST DATA, THE COST OF SUBSTITUTE EQUIPMENT OR PROGRAMS SUSTAINED BY EITHER PARTY OR BY ANY THIRD PARTY, OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER EITHER PARTY OR ITS REPRESENTATIVES HAVE BEEN WARNED OF SUCH DAMAGES OR CLAIMS. C. NOTWITHSTANDING THE FOREGOING, SECTIONS 12A AND 12B WILL NOT APPLY TO THE LIABILITY OF EITHER PARTY TO INDEMNIFY THE OTHER AGAINST THIRD -PARTY CLAIMS ARISING OUT OF ITS INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 13. INSTEAD, THE FOLLOWING LIMITS WILL APPLY TO THIRD -PARTY INDEMNITY CLAIMS: (1) IF AN INDEMNITY CLAIM IS MADE AGAINST LASERFICHE, ITS MAXIMUM LIABILITY FOR THE CLAIM WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE AGGREGATE CONTRACT PRICE SET FORTH IN SCHEDULES A AND D OF THIS AGREEMENT FOR SOFTWARE AND SERVICES, LESS (A) ALL AMOUNTS REMAINING UNPAID BY LICENSEE TO LASERFICHE AND (B) LESS ALL AMOUNTS REFUNDED OR CREDITED BY LASERFICHE TO LICENSEE. (2) IF AN INDEMNITY CLAIM IS MADE AGAINST LICENSEE, ITS MAXIMUM LIABILITY FOR TH CLAIM WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE CONTRACT PRICE AS SET FORTH IN Lase�fiche Enterprise Software License and Professional Services Agreement 25E -19 Page 17 SCHEDULES A AND D OF THIS AGREEMENT FOR SOFTWARE AND SERVICES. (3) ADDITIONALLY, LICENSEE'S CONTRACTUAL OBLIGATION TO PAY TO LASERFICHE THE BALANCE OF THE CONTRACT PRICE OR FOR UNPAID INVOICES FOR LASERFICHE SOFTWARE, SERVICES, MAINTENANCE OR SUPPORT WILL NOT BE LIMITED BY ANY LANGUAGE IN THIS OR ANY OTHER SECTION OF THIS AGREEMENT. D. IN RESPECT TO ALL THIRD -PARTY INDEMNITY CLAIMS, THE PARTY ENTITLED TO INDEMNITY WILL ALSO BE ENTITLED TO RECOVER ALL AMOUNTS WHICH MAY BE PAYABLE UNDER THE OTHER PARTY'S APPLICABLE INSURANCE POLICIES; AND NEITHER PARTY'S INSURERS WILL BE EXPRESS OR IMPLIED THIRD -PARTY BENEFICIARIES OF ANY LIMITATION OF LIABILITY IN SECTION 12 OF THIS AGREEMENT. E. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LASERFICHE AND LICENSEE. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE OTHER PARTY WOULD NOT BE ABLE OR WILLING TO ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS. 13. Indemnification. A. Laserfiche will indemnify and hold harmless Licensee, and each of its employees, officers and directors, against all liabilities and expenses (including without limitation, reasonable attorney's fees and expenses), costs, judgments, settlements, contract losses, or other costs arising out of or relating to (1) any final judgment or settlement which awards damages or injunctive relief to a third -party based on a finding that the Laserfiche Software infringed or misappropriated a patent, copyright, trademark or trade secret of a third party, and (2) personal injuries and physical property damage caused by Laserfiche's negligence. Laserfiche's indemnity obligation will be limited as stated in Section 12.C(1). B. Licensee will indemnify and hold harmless Laserfiche, and each of its employees, officers and directors, against all liabilities and expenses (including without limitation, reasonable attorney's fees and expenses), costs, judgments, settlements, contract losses, or other costs arising out of or relating to (1) any claim related to Licensee's use of the Laserfiche Software in breach of this Agreement or the Laserfiche Software License Agreement or any other claim resulting from a misrepresentation or concealment, patent, trademark or copyright infringement, misappropriation or misuse of proprietary information, or violation of law, and (2) personal injuries and physical property damage caused by Licensee's negligence. Licensee's indemnity obligation will be limited as stated in Section 12.C(2). 14. Termination of Agreement. A. Termination. Either party, upon giving written notice to the other party, may terminate this Agreement: Laserfiche Enterprise Software License and Professional Services Agreement 25E -20 Page 18 (1) if either party breaches an obligation to pay moneys owed to the other, and fails to cure the non - payment within ten days written notice of non - payment; (2) if the other party breaches any non - monetary provision of this Agreement and the breach is not remedied within thirty days of the party's receipt of written notice of the breach; provided, however, that if a breach cannot reasonably be remedied within thirty days of written notice, such breach will be remedied as soon as reasonably possible thereafter, but in any event within ninety days of written notice; or (3) if at any time after the commencement of the Services, Licensee, in its reasonable judgment, determines that such Services are inadequate, unsatisfactory, or substantially nonconforming to the specifications, descriptions, or warranties contained herein and the problem is not remedied within ninety days of the party's receipt of written notice describing the problem. B. Survival. Termination of this Agreement will not affect either party's obligation to pay for any products or services incurred before termination and will not release the parties from their respective contractual obligations incurred before termination including, without limitation, to protect the Confidential Property of the other. 15. Notices. Notices must be given in writing to the address stated at the end of this Agreement, or to such other address as either party may substitute by written notice to the other. Any notice involving breach or termination, must be personally delivered or sent by recognized overnight courier (such as Federal Express or DHL) or by certified mail, postage pre -paid and return receipt requested, with a copy by email or fax. All other notices may be sent as stated above, or by fax, email, or First Class Mail. All notices will be deemed to have been given and received on the earlier of actual delivery (except that faxes, emails and other notices received on a non - business day or after business hours will be deemed received on the next business day, according to the recipient's business calendar) or three (3) days from the date of postmark. A notice will be valid, even if not fully compliant with the above procedures, if the party giving notice has complied with any means of transmission and can prove that the recipient actually received the notice. 16. Insurance. Prior to undertaking performance of work under this Agreement, Laserfiche shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Laserfiche shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Laserfiche'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 Laserfiche Enterprise Software License and Professional Services Agreement 25E -21 Page ]9 amount of One Million Dollars ($1,000,000) per occurrence. Such insurance shall (a) name Licensee ( "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) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance: In accordance with the provisions of Section 3300 of the Labor Code, Laserfiche 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, Laserfiche agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. D. Professional Liability Insurance: If Laserfiche is or employs a licensed professional such as an architect or engineer, Laserfiche is required to carry Professional Liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. E. The following requirements apply to the insurance to be provided by Laserfiche pursuant to this section: (1) Laserfiche shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. (2) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (3) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. F. If Laserfiche 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 Laserfiche's right to be paid for its time and materials expended prior to notification of termination. Laserfiche waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 17. General. A. Severability. If any provision of this Agreement is adjudicated or held to be unlawful, void, or unenforceable, that provision will be severed from this Agreement and will not affect the validity and enforceability of any of its remaining provisions. Laserfiche Enterprise Software License and Professional Services Agreement 25E -22 Page 20 B. Supersedes Other Agreements. This Agreement contains the sole and exclusive agreement between Laserfiche and Licensee relating to its subject matter. It will not be modified or amended in any way by any purchase order or other document issued by Licensee to Laserfiche. Any amendment or modification must be in writing and signed by both Laserfiche and Licensee. C. No Authority. Laserfiche's resellers, dealers and distributors are not authorized to modify this Agreement, or to make any additional representations, commitments, or warranties binding on Laserfiche. D. Assignment. This Agreement may not be transferred or assigned by Licensee without the prior written consent of Laserfiche. Any permitted transfer or assignment of this Agreement will be void unless and until the transferee or assignee agrees in writing to be bound by this terms of this Agreement. E. Applicable Law. This Agreement will be governed and construed by the laws of the State of California, without reference to that state's choice of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. F. Arbitration of Disputes. Any dispute, claim or controversy arising out of or relating to any claim regarding the breach, termination, enforcement, interpretation or validity of this Agreement will be determined by arbitration in the venue described in Section G below before one arbitrator. The arbitrator must have substantial experience in the field of intellectual property law, either as an attorney or as an arbitrator or judge, and possess a basic understanding of software licensing. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause will not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. G. Venue. Any arbitration, suit, action or proceeding arising from or related to this Agreement or the rights or obligations of the parties under it, whether in contract, tort or otherwise, must be brought exclusively in the JAMS office in Los Angeles, California, if an arbitrated dispute, or in the state and federal courts located in Los Angeles County, California. All parties consent and agree to the jurisdiction of the state of California, and consent and agree to venue for any such suits in the state and federal courts located in Los Angeles County, California. H. Taxes. Except to the extent that Licensee has provided an exemption certificate, direct pay permit or other such appropriate documentation, Laserfiche will add to each invoice any sales, use, excise, value - added, gross receipts, services, consumption and other similar transaction taxes, however designated, that are properly levied by any taxing authority upon the provision of the Laserfiche Software or the Services, excluding, however, any state or local privilege or franchise taxes, or taxes based upon Laserfiche's net income. Also, Laserfiche and Licensee will each bear sole responsibility for all taxes, assessments, and other ad valorem levies on each party's respective own personal property. Laserfiche Enterprise Software License and Professional Services Agreement 25E -23 Page 21 I. Force Maj eure. Neither party will be liable for any failure or delay in performance if the failure or delay is due to any war, riot, revolution, explosion or sabotage, casualty beyond the reasonable control of such party and its employees, change in government law, order or regulation. J. Export Restrictions. Licensee acknowledges that the Laserfiche Software and all related technical information, documents, and materials are subject to United States export jurisdiction and controls under the U.S. Export Administration Regulation. Licensee must comply with all applicable federal, state, county, and local laws, ordinances, regulations, and codes, including but not limited to, the procurement of required permits, certificates, approvals, and inspections in Licensee's performance of this Agreement. In addition, Licensee must comply with applicable international export laws and regulations. Licensee represents, warrants and certifies that Licensee will (i) comply strictly with all legal requirements, (ii) cooperate fully with Laserfiche in any official or unofficial audit or inspection that relates to these controls, and (iii) not export, re- export, divert, transfer, or disclose, directly or indirectly, any Laserfiche Software or related technical information, document, or products to any country restricted by applicable export laws or regulations, as modified from time to time, or to any national or resident of such country, unless Licensee has obtained the prior written authorization of Laserfiche, the U.S. Commerce Department and any other required governmental authority. K. U.S. Government Restricted Rights Notice. The Laserfiche Software is provided with restricted rights. Use, duplication or disclosure for or by the government of the United States, including without limitation any of its agencies or instrumentalities, is subject to the restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights clause at FAR 52.227 -19; (ii) in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227 -7013; or (iii) in similar clauses in other federal regulations, including the NASA FAR supplement. Licensee and any end user may not remove or deface any restricted rights notice or other legal notice appearing in the Laserfiche Software or on any packaging or other media associated with the Laserfiche Software. The contractor/ manufacturer is Compulink Management Center, Inc. dba Laserfiche, 3545 Long Beach Blvd., Long Beach, California. L. Captions. The captions used on this Agreement are for convenience only and will not be a part of this Agreement. M. Survival. The obligations of the parties set forth in this Agreement will survive its termination. N. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. Laserfiche Enterprise Software License and Professional Services Agreement 25E -24 Page 22 Executed on , 2014 at Long Beach, California. COMPULINIS MANAGEMENT CENTER, INC. ( "LASERFICHE ") M Name: Title: Address: 3545 Long Beach Blvd. Long Beach, CA 90807 Telephone: (562)988 -1688 Fax: (562)988 -1886 Email: info @laserfiche.com LICENSEE: CITY OF SANTA ANA 12 Name: David Cavazos Title: City Manager Address: 20 Civic Center Plaza Santa Ana, CA 92701 Telephone: 714 -647 -5400 Fax: 714 - 647 -6956 (Clerk's Office) Email mhuizar @santa - ana.org ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney City Attorney ® 2014 Compulink Management Center, Inc. Laserfiche Enterprise Software License and Professional Services Agreement 25E -25 Page 23 Schedule A - Laserfiche Software Purchased and Price Schedule 1. Laserfiche Software Licenses Purchased The following table identifies the Laserfiche software licenses and first year's Laserfiche Software Assurance Plan (LSAP) and VIP Professional Services Pack being purchased under the terms of this agreement. This schedule includes the software components for upgrading Licensee's existing Cleric (which includes Cleric, Finance, Treasury, CDA, and other repositories) and Public Works Agency (PWA) Laserfiche United systems to a single Laserfiche Rio system (referred to as the future "City" Laserfiche system). The upgrade cost includes a trade -in credit of Licensee's past Laserfiche Clerk and PWA United software purchases. The actual amount billed for LSAP shall be pro -rated with a start date of Delivery of Software for an initial term that extends through June 11, 2015. The schedule does not include Laserfiche Rio Software licenses for Licensee's Police Department (PD). PD will continue to run its existing Laserfiche United system. Refer to Schedule F for the Police Department's Laserfiche United LSAP renewal and VIP Service costs. Product Description Qty Price Total Laserfiche User Licenses ENF02 LF Rio Named Full User w/ Forms 175 $660.00 $115,500.00 Laserfiche Portal Licenses PPM25 LF Pilot Public Portal License (25 concurrent 1 $25,000.00 $25,000.00 connections) EPFRM LF Forms Portal Add -On 1 $7,995.00 $7,995.00 QC1 for Bar Code, Real -Time Lookup, Zone -OCR, Scripting) Quick Fields Auto Stamp/ Redaction/ Bates QC6 Num. 3 $500.00 SC05 LF ScanConnect 5 -pack 1 $660.00 $1,500.00 $660.00 Additional Tools TK Laserfiche SDK (Software Development Kit) 1 $2,500.00 $2,500.00 LF Rio Software Subtotal $173,155.00 Clerk and PWA LF United Software Past Purchase Trade -in Credit ($97,815.00) LF Rio Software Total $75,340.00 Laserfiche Software Assarance Plan (LSAP) and VIP Service ENF02B LF Rio Named Full User w/ Fonns LSAP 175 $132.00 $23,100.00 PPM25B LF Pilot Public Portal License LSAP EPFRMB LF Forms Portal Add -On LSAP QC1B Quick Fields Core LSAP Laserfiche Enterprise Software License and Professional Services Agreement 25E -26 $5,000.00 $1,599.00 $1,000.00 $5,000.00 $1,599.00 $4,000.00 Page 24 QC613 QF Auto Stamp/ Redaction/ Bates Num. LSAP 3 $100.00 $300.00 SC05B LF ScanConnect 5 -pack 1 $132.00 $132.00 TKB Laserfiche SDI{ LSAP 1 $750.00 $750.00 Laserfiche will provide Licensee a trade -in credit for past Laserfiche PD software license LF Rio LSAP Subtotal $34,881.00 VIP VIP Professional Services Pack (Up to 80 hours) 1 $12,000.00 $12,000.00 throuA June 11, 2015 Product Volume Discount Tier License Laserfiche Rio Upgrade Total $122,221.01 2. Price Schedule The following tables identify the Laserfiche Software Catalog and prices that Licensee may optionally purchase additional Laserfiche Software licenses during the Laserfiche Software License Purchase Option term pursuant to section 33 of this agreement. Laserfiche will provide Licensee a trade -in credit for past Laserfiche PD software license purchases toward the purchase of Laserfiche Rio licenses should Licensee choose to upgrade the Police Department (PD) system from Laserfiche United to Laserfiche Rio in the future. Laserfiche Rio Product Volume Discount Tier License LSAP Total Unit Cost LfRio Named Fall Users with Fornns.for MS SQL ENFO1 100 -174 Named Full User System $770.00 $154.00 $924.00 ENF02 175 -499 Named Full User System $660.00 $132.00 $792.00 ENF05 500 -999 Named Full User System $550.00 $110.00 $660.00 ENF10 1,000 -1,499 Named Full User System $440.00 $88.00 $528.00 ENF15 1,500 -1,999 Named Full User System $385.00 $77.00 $462.00 Lf Rio Named Retrieval Users. for MS SQL ENR2 200 -999 Named Retrieval User System $200.00 $40.00 $240.00 ENR10 999 -9,999 Named Retrieval User System $100.00 $20.00 $120.00 Product Description License LSAP Total ` Unit Cost LfRio Portal Licenses EPFRM LF Forms Portal $7,995.00 $1,599.00 $9,594.00 EPFRMX LF Enterprise Forms Portal $24,000.00 $4,800.00 $28,800.00 PPM25 LF Pilot Public Portal $25,000.00 $5,000.00 $30,000.00 PPX LF Public Portal $45,000.00 $9,000.00 $54,000.00 PPX2 LF Public Portal for dual CPU machine $50,000.00 $10,000.00 $60,000.00 PPMX LF Public Portal for multiprocessor machine $75,000.00 $15,000.00 $90,000.00 EPPMX LF Enterprise Public Portal $225,000.00 $45,000.00 $270,000.00 LfRio Capture Tools QC5 LF Quick Fields $595.00 $120.00 $715.00 QC4 LF Quick Fields Basic $2,500.00 $500.00 $3,000.00 Laserfiche Enterprise Software License and Professional Services Agreement 25E -27 Page 25 QCl LF Quick Fields Core $5,000.00 $1,000.00 $6,000.00 QC2 LF Quick Fields Classify $7,500.00 $1,500.00 $9,000.00 QC3 LF Quick Fields Context $10,000.00 $2,000.00 $12,000.00 QCX LF Quick Fields Complete $15,000.00 $3,000.00 $18,000.00 QFA LF Quick Fields Agent $10,000.00 $2,000.00 $12,000.00 IA LF Import Agent $1,500.00 $300.00 $1,800.00 SCOT LF ScanConnect $165.00 $33.00 $198.00 SC05 LF ScanConnect 5-pack $660.00 $132.00 $792.00 SC10 LF ScanConnect 10 -pack $915.00 $183.00 $1,098.00 Lf Rio Additional Components Auto Stamp /Redaction /BatesNum. $495.00 $127.63 PLUS1 Laserfiche Plus - 5 Seats $10,000.00 $2,000.00 $12,000.00 PLUS2 Laserfiche Plus - 1 Seat $3,800.00 $1,600.00 $5,400.00 TK Laserfiche SDK $2,500.00 $750.00 $3,250.00 Laserfiche 'Product Description License ' LSAP Total Unit Cost Lf United User FX Full User United $750.00 $150.00 $900.00 RX Retrieval User United $300.00 $60.00 $360.00 Lf United Portal Licenses 97830A WebLink - Additional Repository $1,250.00 $250.00 $1,500.00 Lf United Capture Tools QF Lf Quick Fields $595.00 $127.63 $722.63 QF -1 ScanConnect $165.00 $33.00 $198.00 QF -1 -5 ScanConnect 5 pack $660.00 $132.00 $792.00 QF -1 -10 ScanConnect 10 pack $915.00 $183.00 $1,098.00 QF -6 Auto Stamp /Redaction /BatesNum. $495.00 $127.63 $622.63 QF -9 Document Classification $4,995.00 $1,276.28 $6,271.28 QF -10 Forms Alignment $2,495.00 $500.00 $2,995.00 QF -I1 Optical Mark Recognition $2,495.00 $500.00 $2,995.00 QF -14 Quick Fields Agent $10,000.00 $2,000.00 $12,000.00 QF -15 Forms Identification $2,495.00 $500.00 $2,995.00 QF -16 Forms Extractor $2,495.00 $500.00 $2,995.00 QF -18 Quick Fields Scripting Kit $595.00 $127.63 $722.63 QF -Cl Forms Combo $9,995.00 $2,000.00 $11,995.00 QF -C3 Zone OCR and Validation Package $2,795.00 $560.00 $3,355.00 QF -C4 Barcode and Validation Package $1,695.00 $340.00 $2,035.00 QF -05 Real -Time LookUp and Validation Package $595.00 $120.00 $715.00 PI Import Agent $1,500.00 $300.00 $1,800.00 Lf United Additional Components TK Laserfiche SDK $2,500.00 $750.00 $3,250.00 Laserfiche Enterprise Software License and Professional Services Agreement 25E -28 Page 26 3. Temporary United Licenses A. Clerk and Public Works. With the purchase of Lasefiche Rio Software, Licensee will undertake a Laserfiche Rio Migration project to migrate its existing Cleric and Public Works Agency (PWA) Laserfiche United systems to Laserfiche Rio. The Clerk and PWA Laserfiche United systems are separate systems on different versions of Laserfiche. They are integrated with several third -party and in- house applications. The systems are working and being used in production in the course of Licensee's business. Laserfiche recognizes that Licensee must take care to minimize risk of disrupting existing working systems during the migration to Rio. It will take considerable time, effort, and resources to establish test environments, test, and migrate Licensee's Laserfiche repositories and systems. As such, Licensee will take a phased approach to implementing Rio which involves migrating systems and repositories, one at a time. Licensee plans to migrate each of several repositories in the Clerk system during the first phase. Licensee must also upgrade the PWA repository and system to the same version as that of the Clerk system. Finally, Licensee will migrate the PWA repository to Rio into the Cleric Rio system. The Clerk Rio system will then be referred to as the "City" system. During the transition and migration period, Licensee will need to test United version upgrade(s) and Rio while running its United systems in production. Laserfiche shall grant licensee permission to use its Laserfiche United and Rio systems concurrently during this transition and migration period. Laserfiche will provide Licensee temporary Laserfiche United licenses or extend Licensee's existing United Licenses upon Licensee's request for the purpose of testing and upgrading its existing United systems and running them concurrently during the migration to Rio as long as Licensee is covered under any LSAP. The temporary license or extension will not exceed 12 months. During this period, Licensee may request subsequent temporary license extensions until the Rio migration is complete. B. Police Department. Licensee's Police Department (PD) will continue running its existing Laserfiche United system. Laserfiche will provide Licensee temporary Laserfiche United licenses upon request for the purpose of testing Laserfiche version upgrades and / or system configuration changes as long as Licensee is covered trader any LSAP. Temporary licenses will not exceed 12 months, but Licensee may request subsequent temporary licenses when needed for upgrade and / or system configuration changes. Laserfiche Enterprise Software License and Professional Services Agreement 25E -29 Page 27 Schedule B — Locations of Software Installations All Laserfiche Software will be delivered electronically and installed on Licensee owned or leased hardware at its on- premise data center or on Licensee's computer network infrastructure. As required for the delivery of services and support, Laserfiche personnel may require remote and possibly physical access to Licensee's computers on the network on which the Laserfiche solution is to ran. During certain phases of the project, remote access may be required outside of City of Santa Ana's standard hours of operation. In both cases, access will be requested in advance and scheduled with authorized City of Santa Ana IT representative(s). Laserfiche Enterprise Software License and Professional Services Agreement 25E -30 Page 28 Schedule C — Terms of Payment for Software and Services 1. Initial Software, VIP Service, and LSAP The amount for Laserfiche Software Licenses Purchased, first year's LSAP, and VIP Professional Services Pack, specified in Schedule A, for the Clerk / City system ($122,221.00), will be billed upon Agreement execution. The amount for the LSAP and fractional VIP Professional Services Pack for Licensee's Police Department for the June 12, 2014 to June 11, 2015 term specified in Schedule F ($26,333.92) will be billed upon Agreement execution. Laserfiche should submit separate invoices for Clerk / City and Police Department billings. 2. Additional Software and LSAP The amount for additional Laserfiche Software licenses purchased from the Laserfiche Price Schedule in Schedule A under the Purchase Option term will be billed upon Delivery of Software for those additional software licenses purchased. LSAP renewals will be billed prior to the June 11 expiration for each annual renewal. 3. Professional Services All professional services will be performed in accordance with any mutually accepted Scope of Work document ( "SOW ") that may be attached to this Agreement and incorporated by reference. Laserfiche Professional Service hours provided will be deducted from any available hours in Licensee's VIP Professional Services Pack Hours bank. When Licensee's VIP Professional Services Pack hours have been exhausted, Laserfiche Professional Services will be billed to Licensee on a Time and Materials (T &M) basis of the actual hours worked at the Laserfiche Professional Services Rates specified in Schedule D. Professional services and qualifying expenses are to be billed at a bi- weekly, or less frequent (e.g.: monthly), frequency. 4. Scanning Services Billing for scanning services will be based on actual items scanned using the Price Schedule specified in Schedule G, Accullex Scanning Services. 5. Training Laserfiche will provide the optional training identified in Schedule E. Billing for online Laserfiche CPP training or Regional Training will be upon Licensee enrolling in the training. Billing for custom training will be on a Time & Materials basis or per the terms of the SOW. 6. Payment Terms Licensee will make a good faith earnest effort to process Laserfiche invoices in a timely manner within 30 days of receipt. Payment terms shall be Net 45 days. Laserfiche Enterprise Software License and Professional Services Agreement 25E -31 Page 29 Schedule D — Description of Professional Services Laserfiche professional services will be provided based on a Scope of Work ( "SOW ") that identifies the services to be provided. Laserfiche and Licensee may develop SOW(s) at any time during the term of this Agreement that, when mutually agreed upon, will be attached to and incorporate by reference to this Agreement. Licensee's Executive Director of Finance and Management Services Agency, or an authorized designee, shall have authority to establish SOWS with Laserfiche. 1. Laserfiche Professional Services Purchased The following table identifies the Laserfiche VIP Professional Services Packs being purchased under the terms of this agreement. VIP VIP Professional Services Pack (Un to June 11, 2015, for Clerk / VIP VIP Professional Services Pack (Up to 80 hours) .5 $12,000.00 $6,000.00 through June 11, 2015, for Police Department Total $18,000.00 2. Laserfiche Professional Services Rates Professional services engagements with an associated SOW of 40 hours or less may be funded by the VIP Professional Services Pack hours. When any Licensee VIP Professional Services Pack Hours bank is exhausted, Laserfiche will charge the following rates for professional services during the term of this Agreement. Product - Description Hourly Rate Laserfiche Professional Services Rates Install Installation and configuration of Laserfiche related software $187.50 components Training Onsite or Custom Training for all Laserfiche products except SDK $187.50 Consult Requirements analysis, solution design, Quick Fields, Business Process, $187.50 Workflow, security, design, configuration, consulting, documentation PM Project management $187.50 Program Level I: programming performed by LF PSG Engineer $250.00 Level 1I: programming performed by LF Development Engineer $300.00 Level III: programming performed by LF Server Architect $375.00 Travel Travel to and from Licensee site No Charge Product Description Amount VIP VIP Professional Services Pack (Up to 80 hours). $12,000.00 Pre -paid bank of hours for use of installation, configuration, training, consulting, project management services and other implementation services. Laserfiche Enterprise Software License and Professional Services Agreement Page 30 25E -32 Schedule E — Description of Training of Licensee Personnel In order for users and administrators to establish baseline Laserfiche knowledge and skills, Laserfiche has developed online, self -paced Laserfiche Certified Professionals Program (CPP) courses. The successful completion of these courses has contributed to high rates of user adoption and overall project success. Therefore, Laserfiche has provided recommendations for courses by role of project participant. The cost for each CPP course, per user, is $100.00 with the exception of ECM 101 which is offered at no charge. A valid Laserfiche Support Site account is required to register for CPP courses. Licensee may optionally enroll its staff in any of these courses or new ones that Laserfiche makes available. Laserfiche Certified Professionals Program (CPP) Courses Available Laserfiche Specialist Laserfiche Administrator I System Administrators / IT App Analysts Laserfiche Administrator II Repository Architect Troubleshooting ECM 101 Project Managers Laserfiche Specialist Repository Architect Laserfiche Specialist Super Users Capture Capture Workflow Business Process Management End Users ECM 101 Laserfiche Specialist Business Process Management Application Developers Laserfiche Integrator I Capture II Capture Workflow Licensee personnel may also enroll and attend scheduled training sessions at Laserfiche's offices in Long Beach, California, at Laserfiche's published charges. Licensee may also engage Laserfiche Professional Services for custom training per the SOW or Supplemental SOWs. Laserfiche Enterprise Software License and Professional Services Agreement 25E -33 Page 31 Schedule F — LSAP Terms and Conditions The following annual renewal costs have been detailed to align with the Laserfiche Rio Software components identified in Schedule A and the existing Laserfiche United software components currently licensed by Licensee's Police Department. The VIP Professional Services Pack is shown in the schedule since its renewal term coincides with the LSAP term and would likely be included at the same with subsequent LSAP renewals. Laserfiche Rio LSAP Initial Term (Clerk and PWA - "City" Laserfiche System) Product Description Qty Price Total Laserfiche Software Assurance Plan & VIP Renewal ENF02B LF Rio Named Full User w/ Forms LSAP 175 $132.00 $23,100.00 PPM25B LF Pilot Public Portal License LSAP 1 $5,000.00 $5,000.00 EPFRMB LF Forms Portal Add -On LSAP 1 $1,599.00 $1,599.00 QC1B Quick Fields Core LSAP 4 $1,000.00 $4,000.00 QC6B QF Auto Stamp/ Redaction/ Bates Num. LSAP 3 $100.00 $300.00 SC05B LF ScanConnect 5 -pack 1 $132.00 $132.00 TKB Laserfiche SDK LSAP 1 $750.00 $750.00 QF -913 QF -Doc. Classification LSAP LF Rio LSAP Total $34,881.00 VIP VIP Professional Services Pack (Up to 80 hours) 1 $12,000.00 $12,000.00 $510.51 LF Rio LSAP and VIP Service Total $46,881.00 Laserfiche United LSAP Renewal (Police Department Laserfiche System) Product Description Qty, ; Price Total Laserfiche Software Assurance Plan & VIP Renewal 97830UB WebLink LSAP 1 $2,029.29 $2,029.29 97840UB LF Plus Plug -in LSAP 1 $2,029.29 $2,029.29 97870UB LF Standard Audit -Trail LSAP 1 $1,901.67 $1,901.67 FB LF Full User LSAP 14 $147.40 $2,063.61 PMB LF E -mail Plug -in LSAP 64 $0.00 $0.00 PSB LF Snapshot LSAP 14 $0.00 $0.00 QF -3B QF -Zone OCR LSAP 3 $638.14 $1,914.42 QF -913 QF -Doc. Classification LSAP 1 $1,276.28 $1,276.28 QFB Quick Fields LSAP 4 $127.63 $510.51 RB LF Retrieval User LSAP 50 $58.97 $2,948.47 S413 LF Enterprise Server LSAP 1 $5,360.38 $5,360.38 LF United LSAP Renewal Total $20,333.92 VIP VIP Professional Services Pack (Up to 80 hours) .5 $12,000.00 $6,000.00 LF United LSAP Renewal and VIP Service Total $26.033.93 Laserfiche Enterprise Software License and Professional Services Agreement 25E -34 Page 32 Laserfiche® Software Assurance Plan (LSAP) PLEASE TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS OF THE LASERFICHE SOFTWARE ASSURANCE PLAN ( "LSAP ") BY WHICH COMPULINK MANAGEMENT CENTER, INC., DBA LASERFICHE ( "LASERFICHE ") WILL PROVIDE SERVICE, MAINTENANCE AND UPDATES TO LICENSEE FOR LASERFICHE SOFTWARE. THIS AGREEMENT IS BETWEEN LICENSEE ( "YOU ") AND LASERFICHE. BY ACCEPTANCE OF THE LSAP, YOU AGREE TO ACCEPT ALL OF ITS TERMS AND CONDITIONS AS DESCRIBED IN THIS AGREEMENT. HERE ARE THE DETAILS OF YOUR LASERFICHE SOFTWARE ASSURANCE PLAN: Your Software. For purposes of this Agreement, the Laserfiche Software covered under this Agreement is described in Schedule A of this Agreement or on the Laserfiche Product Registration Card which accompanied your purchase. What Your Laserfiche Software Assurance Plan Provides to You. Your Laserfiche Software Assurance Plan is designed to provide you with the software care and assistance you need to service and maintain your Laserfiche system and to provide you with the updates and "fixes" needed to keep your Laserfiche Software up and running. To accomplish these goals, the Laserfiche Software Assurance Plan provides the following benefits: • Hotline support and assistance to help you solve software problems promptly. Laserfiche technicians are trained to solve your problems by phone or email. By purchasing the Laserfiche Software Assurance Plan, you will be able to handle most, if not all, of the questions and any problems that may arise regarding operation of the software. • Feature enhancements to deliver increased productivity. From time to time, Laserfiche adds features and performance enhancements to an existing version of its software, which are known as "updates." Updates are enhancements to existing features, which are designed to improve performance and correct any problems discovered in the current version of your Laserfiche Software. LSAP subscribers receive all updates without charge. By way of example, under the LSAP there is no charge for an update of Laserfiche 8.3 to Laserfiche 9.0 or from Laserfiche 9.02 to Laserfiche 9.1. 100% credit toward the purchase of new versions of Laserfiche. Laserfiche periodically publishes new product suites of its Software, which bundle new and exciting features not previously included in the subscriber's existing product suite and make significant improvements in system design and architecture, all of which combine to improve performance and capability. Because of the many new features and performance enhancements, the new Laserfiche product suite may be priced higher than the subscriber's existing one. If an LSAP subscriber Laserfiche Enterprise Software License and Professional Services Agreement 25E -35 Page 33 elects to replace its existing Laserfiche Software with a new Laserfiche product suite, the subscriber is entitled to credit 100% of the purchase price of its existing Laserfiche Software toward the purchase of the new Laserfiche product suite. Examples of new product suites would include a subscriber's transition from Laserfiche Team to Laserfiche Avante, or from Laserfiche Avante to Laserfiche Rio. Naturally, Laserfiche can only credit the price the LSAP subscriber actually paid for its current Laserfiche Software against the new product suite. Laserfiche does not credit the subscriber's annual LSAP payments or other interim purchases it may have paid for installation, training, upgrades, ancillary programs, additional professional services and consulting. 24 -hour FTP and web access to drivers and update files. LSAP subscribers receive free 24 -hour FTP access to each new Laserfiche release, as well as updated drivers. By installing all updates and upgrades for your Laserfiche Software, you are assured the best possible performance. The Laserfiche Website also contains more support information and answers to frequently - asked questions. Online Support Resources. Your staff receives access to the Laserfiche Support Site, where they'll find the detailed technical information that helps them optimize system performance and maximize uptime, as well as integrate your document repository with your organization's other line -of- business applications. • The latest hotfixes, updates and patches. These critical items ensure that your Laserfiche system continues to operate at peak efficiency. • Laserfiche user education programs. You will be updated regularly via our website about our extensive array of user education programs, including Regional Training sessions closer to you. All Premium LSAP subscribers will be entitled to preferred pricing and priority seating when they attend our user education programs and our annual Laserfiche Institute Conference. • Monthly newsletters and technical updates to keep you current on the latest system and records developments. LSAP subscribers receive monthly newsletters and technical bulletins to keep you informed on how to maximize the benefits of your Laserfiche Software Preventative maintenance with optional on -site support. We offer additional on- site service and support plans to provide routine maintenance visits. Depending on the complexity and sophistication of your entire hardware and software needs, we may suggest a scheduled preventative maintenance program to eliminate cumulative problems that would otherwise go unnoticed by everyday users. We Laserfiche Enterprise Software License and Professional Services Agreement 25E -36 Page 34 can also arrange for ongoing in -house training to improve the benefits of the Laserfiche system for current and new staff. Laserfiche Will Provide the Assistance You Need. Laserfiche will provide you with a telephone number and email address to contact us whenever you need assistance with your Laserfiche Software. To better assist Laserfiche in serving you, we suggest you do the following: Prepare for the call. You should be prepared to describe any hardware on which your Laserfiche Software is installed, including the manufacturer's model numbers. • Explain your problem clearly. Let us know exactly what the error was; what you were doing immediately before the error occurred; whether by repeating the steps leading to the error, you encounter the same problem; the exact wording of any error message; and what efforts you have already taken to solve the problem. • Hours of support. The LSG Helpdesk is available Monday through Friday from 6 AM to 6 PM Pacific Time. Online chat support is available Sunday through Friday from 6 PM to 6 PM Pacific Time (except between 2 AM and 6 AM). Access to Laserfiche's Imowledgebase articles, software downloads and the support forum is available 24/7. • Service Levels. The LSG helpdesk guarantees a 4 -hour response time, although more than 90% of calls are answered live and most issues are resolved on the first call. All support cases are logged in a case management system, assigned a unique case number and categorized according to severity and priority. Customers are able to subscribe to cases so that they are kept abreast of all work being done. The escalation path for support cases is LSG Helpdesk -> PSG Technical Engineer (the engineer who originally worked on the project) -> Laserfiche Technical Support -> Laserfiche QA -> Laserfiche Development. There is a dedicated escalation team that manages cases through the escalation process and tracks all communications with the subscriber. • Billable Services. Any services provided that are not covered under LSAP will be billable either through consumption of VIP Professional Service hours, if any, or at the professional services rates specified under the terns of this Agreement. LSAP Term and Renewal. The LSAP for Laserfiche Software Licenses Purchased in Schedule A commences on the Delivery of Software and continues through June 11, 2015. The LSAP for existing Laserfiche United Software used by Licensee's Police Department will commence on June 12, 2014, and continue through June 11, 2015. The annual LSAP coverage period is June 12 — June 11 (one year tern), and the renewal date is June 12 annually. Laserfiche EnEerprise Software License and Professional Services Agreement 25E -37 Page 35 Laserfiche believes that LSAP is an essential component of Licensee's system, and that LSAP offers real value to Licensee. Consequently, Laserfiche urges Licensee to renew its LSAP annually. Laserfiche will provide Licensee LSAP billing information for each upcoming renewal period at least 30 days in advance of the LSAP expiration date for that year. Laserfiche will not increase its LSAP fees during the first three (3) LSAP terms. Thereafter, Laserfiche shall not increase its LSAP fees by more than the rate of the United States Consumer Price Index (CPI) as published by the United States Department of Labor, Bureau of Labor Statistics (htto: / /www.bls.gov /gpi), over its previous year's fees. Licensee will have the option to renew or cancel the LSAP effective as of each annual renewal date. You may transfer your Laserfiche Software Assurance Plan. You are entitled to transfer your LSAP to someone who purchases the computer hardware on which your entire Laserfiche Software is installed, provided that you strictly comply with all the conditions of this paragraph. To do so, you must notify us, in writing, of the name, address and telephone number of the proposed transferee. We will give you further information regarding how to give notice of transfer if you later seek to do so. In case of transfer of the LSAP, your transferee will be subject to all of the terns and conditions of this Agreement. However, please note that, if your transferee is outside of our service coverage, Laserfiche may charge a fee to provide if remote service responses are not available. If there is no authorized Laserfiche technician in the immediate vicinity of your transferee's place of business, Laserfiche may, in its sole and absolute discretion, refuse to authorize the transfer. No transfer will be valid unless approved by Laserfiche in writing. LIMITED WARRANTY; DISCLAIMER. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE OBLIGATIONS OF LASERFICHE UNDER THE LASERFICHE SOFTWARE ASSURANCE PLAN, AND SUPERSEDES ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTIES AND PROMISES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. LASERFICHE DOES NOT WARRANT THE ERROR -FREE OPERATION OF LASERFICHE SOFTWARE. EXCEPT AS EXPRESSLY STATED ABOVE, LASERFICHE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SERVICES. LIMITATION OF LIABILITY AND DAMAGES. THE LIABILITY OF LASERFICHE AND ITS EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, SUPPLIERS AND RESELLERS (COLLECTIVELY, "REPRESENTATIVES ") FOR ANY DAMAGES OR INJURIES SUFFERED BY YOU, WHETHER BASED ON A BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, MISREPRESENTATION OR OTHER TORT, OR ON ANY OTHER LEGAL OR Laserfiche Enterprise Software License and Professional Services Agreement 25E -38 Page 36 EQUITABLE THEORY, SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO LASERFICHE FOR THIS LEAP. UNDER NO CIRCUMSTANCES SHALL LASERFICHE OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER PECUNIARY LOSS), REGARDLESS OF WHETHER LASERFICHE OR ITS REPRESENTATIVES HAVE BEEN WARNED OF SUCH DAMAGES OR CLAIMS. NO ACTION MAY BE BROUGHT AGAINST LASERFICHE OR ITS REPRESENTATIVES UNDER THIS LICENSE AGREEMENT MORE THAN ONE YEAR AFTER YOU KNEW OR SHOULD HAVE KNOWN OF THE FACTS WHICH GAVE RISE TO THE CAUSE OF ACTION. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between Laserfiche and you. You acknowledge and agree that Laserfiche would not be able to provide this product on an economic basis without such limitations. OTHER TERMS AND CONDITIONS. Scope of Agreement. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be severed from this Agreement and will not affect the validity and enforceability of any of its remaining provisions. This Agreement does not limit any rights that Laserfiche may have under trade secret, copyright, patent or other laws. Laserfrche's resellers, dealers and distributors are not authorized to modify this Agreement, or to make any additional representations, commitments, or warranties binding on Laserfiche. Limitation on Scope of Benefits. This Agreement extends only to original purchasers of the LSAP and to any transferee authorized by Laserfiche and who has complied with all transfer requirements of this Agreement. This Agreement extends only to the uses for which the Laserfiche Software was designed. Preventive maintenance is not included. Installation, deinstallation, or relocation services and operating supplies are not included. Services necessitated by alterations, additions or deletions, adjustments, or repairs by anyone other than Laserfiche or its authorized Representatives, and services which are necessary due to defects or problems in your hardware on non - Laserfiche Software specifically excluded. Laserfiche is not obligated to service or repair any system or component which has been damaged as a result of: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of your hardware or Laserfiche Software, (ii) an act of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv) abuse or excessive wear and tear, (v) the loading of software, software configurations or any data files, worms or viruses which may corrupt your Laserfiche Software, or (vi) the moving of your system from one geographic location to another or from one purchaser or entity to another. Laserfiche Enterprise Software License and Professional Services Agreement 25E -39 Page 37 Assignment. Laserfiche reserves the right to assign its obligations to perform the terms and conditions of this Agreement to a qualified third party designated by Laserfiche. In that event, you agree to look solely to Laserfiche's designee for performance of Laserfiche's obligations under this Agreement. Exclusive Agreement. This Agreement contains the sole and exclusive agreement between you and Laserfiche relating to its subject matter. It shall not be modified or amended in any way by any purchase order or other document issued by you, but may be amended only by a writing signed by both you and Laserfiche and specifically referring to it. Additional Services. With regard to any services that are not within the scope of services under this Agreement, it will be within Laserfiche's discretion whether to perform the services, and, if Laserfiche elects to perform the services, the services will be subject to an additional charge to be paid by you. Important Notice. Before requesting services, it is your responsibility to back up the software and data on your system's hard disk drive and on any other storage device(s) in the system. Under no circumstances shall Laserfiche be responsible for any loss of any software or data. Force Majeure. Laserfiche is not liable for any failure or delay in performance due to any cause beyond its control. In any event, if Laserfiche's ability to render repair services is impaired by you or circumstances beyond Laserfiche's control, Laserfiche may terminate this Agreement. Law; Jurisdiction. This Agreement will be governed and construed by the laws of the State of California. The headings are for convenience only and are not to be used to interpret this Agreement. All disputes between you and Laserfiche shall be litigated in the state and federal courts located in Los Angeles County, California; and you consent to jurisdiction of the courts located in the State of California over all disputes between you and Laserfiche. Contact Us. Should you have any questions concerning this Agreement, or if you desire to contact Laserfiche for any reason, please write: Laserfiche, 3545 Long Beach Blvd., Long Beach, CA 90807, U.S.A. 2014 Laserfiche Laserfiche Enterprise Software License and Professional Services Agreement 25E -40 Page 38 Schedule G — Accuflex Scanning Services Licensee wishes to engage scanning services to scan of some of Licensee's records into Licensee's Laserfiche system(s) on an "as needed" basis. Laserfiche will provide Licensee scanning services under the terms of this Agreement through Laserfiche's affiliate, Accuflex ( "Accuflex "). Accuflex is qualified and experienced in providing scanning services for Laserfiche Software systems. Accuflex has been an affiliate of Laserfiche and has been providing scanning and document conversion services since 1992. Accuflex staff has experience in high- volume scanning, document merging, indexing, importing images, exporting images, performing quality control, prep -work and post - scanning processes. Accuflex is capable of scanning Licensee's documents which include multiple types of media and sizes including letter, legal, and miscellaneous size paper documents, engineering drawings up to E size, microfilm, and microfiche ( "Documents "). 1. Process Overview The process for Licensee to engage Accuflex's scanning service is described below. It serves as a guide but can be reasonably modified as agreeable by Licensee and Accuflex. Licensee will prepare batch(es) of documents, drawings, microfilm rolls, and / or microfiche sheets to be scanned by Accuflex. Licensee will notify Accuflex that batch(es) are ready for scanning and will coordinate with Accuflex for either pick up at Licensee's offices in Santa Ana, California, or delivery to Accuflex at their office in Long Beach, California. As part of the batch preparation, Licensee will prepare a Batch Control Sheet for each batch. The Batch Control Sheet will identify the following information about each batch. Field Description Batch ID A unique identifier assigned by Licensee that identifies the batch. The Format is YYYYMMDDa where "YYYMMDD" is the batch creation date and "a" is an alpha sequence suffix ensuring uniqueness in the event of multiple batches for the same day or it could identify the type of documents. Document Type The type of documents in the batch (i.e.: Drawings, Microfilm, Microfiche, etc.). Index Template The name of the Laserfiche indexing template to be used. Item Count The number of items (pages, sheets, or rolls) in the batch. Special Instructions Any special instructions for scanning, indexing, or filing. Pick Up Info Date The date that Accuflex picked up the batch. Signature City The signature of the Licensee representative providing the batch to Laserfiche Enterprise Software License and Professional Services Agreement 25E -41 Page 39 Licensee and Accuflex will each keep a copy of each the batch cover sheet for each pickup / delivery. Accuflex will pre - process (if any), scan, index, quality - check, export in Laserfiche format (e.g.: Exported Laserfiche Briefcase or Volume), and copy / burn to portable media (e.g.: USB drive, memory card, or DVD) or load to a secured FTP site the batch(es) of documents, drawings, microfilm rolls, and / or microfiche sheets per the requirements specified herein. Accuflex will notify Licensee of completion of the scanning and coordinate with Licensee the return of the batch(es) and delivery of the portable media of the scanned images or make those scanned images available on a secured FTP site. 2. Document Preparation Accuflex will perform the tasks necessary to prepare Documents for scanning such as removal of staples, fasteners, clips, sorting of double- sided, single - sided, and mixed -size documents, etc. 3. Scanning Accuflex will perform scanning of documents at Accuflex's location in Long Beach using Accuflex's scanning equipment. Accuflex will set up and scan into a Laserfiche environment that mimics Licensee's Laserfiche structure (e.g.: index template, folders, etc.). Documents should be scanned straight, without skew, and with acceptable image quality. 4. Quality Control After Accuflex scans and indexes Licensee's Documents, Accuflex will review the images and metadata for quality and accuracy. Accuflex should compare the scanned images with the physical Document(s) when necessary for the following. 1. Images should be as readable as the original Documents 2. Index field values should be accurate 3. Document names should be accurate Laserfiche Enterprise Software License and Professional Services Agreement 25E -42 Page 40 Accuflex. Signature Accuflex The signature of the Accuflex representative picking up the batch from Licensee. Return Info Date The date that Accuflex returned the batch. Signature City The signature of the Licensee representative receiving the batch from Accuflex. Signature Accuflex The signature of the Accuflex representative delivering the batch to Licensee. Licensee and Accuflex will each keep a copy of each the batch cover sheet for each pickup / delivery. Accuflex will pre - process (if any), scan, index, quality - check, export in Laserfiche format (e.g.: Exported Laserfiche Briefcase or Volume), and copy / burn to portable media (e.g.: USB drive, memory card, or DVD) or load to a secured FTP site the batch(es) of documents, drawings, microfilm rolls, and / or microfiche sheets per the requirements specified herein. Accuflex will notify Licensee of completion of the scanning and coordinate with Licensee the return of the batch(es) and delivery of the portable media of the scanned images or make those scanned images available on a secured FTP site. 2. Document Preparation Accuflex will perform the tasks necessary to prepare Documents for scanning such as removal of staples, fasteners, clips, sorting of double- sided, single - sided, and mixed -size documents, etc. 3. Scanning Accuflex will perform scanning of documents at Accuflex's location in Long Beach using Accuflex's scanning equipment. Accuflex will set up and scan into a Laserfiche environment that mimics Licensee's Laserfiche structure (e.g.: index template, folders, etc.). Documents should be scanned straight, without skew, and with acceptable image quality. 4. Quality Control After Accuflex scans and indexes Licensee's Documents, Accuflex will review the images and metadata for quality and accuracy. Accuflex should compare the scanned images with the physical Document(s) when necessary for the following. 1. Images should be as readable as the original Documents 2. Index field values should be accurate 3. Document names should be accurate Laserfiche Enterprise Software License and Professional Services Agreement 25E -42 Page 40 4. Folder and sub - folder names should be accurate 5. There should not be any missing pages 6. The page sequence should be correct 7. Pages should not be skewed by more than 2% 8. Page orientation should be correct Accuflex will re -scan and / or re -index Documents that require correction prior to delivery to Licensee. If scan and / or index quality is unacceptable (based on comparison of the original and scanned image and any specific instructions verbal or written by the Licensee) after delivery to Licensee, Accuflex will, at the option of Licensee, re -scan and / or re -index the unacceptable scanned Document(s) at no charge. 5. Document Turn - Around Licensee and Accuflex will coordinate batch sizes, so the scanning turn- around time will be around 1 — 3 weeks. Longer turn- around time is acceptable if agreed upon by Licensee. 6. Access to Licensee Documents at Accuflex Licensee may need to access Document(s) that are at Accuflex's office for scanning. In such a case, Licensee will make a request to Accuflex by calling or emailing accuflex @laserfiche.com requesting that Accuflex make available the desired Document(s) electronically (e.g.: via email, FTP, or website). If Licensee identifies the request as urgent, Accuflex will make an earnest effort to make available the Document(s) electronically within 4 business hours; otherwise, Accuflex will make available the Document(s) electronically within 1 business day. If the Document request is too large to make it electronically available, the Licensee is able to pick up the physical files from Accuflex's Long Beach location or Accuflex will deliver requested files to Licensee (additional Pickup /Drop Off fees will apply). 7. Laserfiche System Version Compatibility The exported scanned images provided by Accuflex to Licensee should be compatible with the version of Licensee's Laserfiche system in which it will be imported. Below is a list of Licensee's current Laserfiche systems versions. • Clerk (used for Fire Records) 9.0.2 • PWA 8.2.1 • PD 8.1.2 Licensee expects to upgrade some of its Laserfiche systems. Licensee will notify Accuflex of Licensee's Laserfiche system versions and folder structure and template changes for which the Accuflex scanning service is being used. Laserfiche Enterprise Software License and Professional Services Agreement 25E -43 Page 41 8. Confidentiality Documents provided by Licensee will be considered confidential. Only authorized Accuflex personnel required for scanning / conversion will have access to records provided by Licensee, and the purpose for such access will be solely for scanning / conversion. 9. Fire Records Microfilm and Microfiche Scanning Requirements Licensee is required to maintain the former Santa Ana Fire Department (SAFD) records that meet Licensee's retention policy prior to April, 2012, when SAFD was outsourced to the Orange County Fire Authority (OCFA) ( "Fire Records "). A number of these records are stored on microfilm and microfiche media. Licensee wishes to engage the scanning services of Accuflex to scan these Fire Records into Licensee's Laserfiche system. The requirements stated herein are based on meetings between Licensee and Accuflex and sample microfilm rolls and microfiche sheets provided by Licensee to Accuflex. A. Scan Settings. • Accuflex will scan the images at 200 dots per inch (DPI) resolution unless Licensee requests another setting. • Licensee prefers the images be scanned in Black and White (B &W) format but Grayscale should be used if necessary to attain acceptable quality for readability. Accuflex will make this determination by reviewing the quality of the images. B. Indexing. A Laserfiche Index Template named "Fire" will be used for Fire Records with its Field structure defined below (subject to change). Not all fields will be used for all document types. Field Type Document Type List 20 List Values: Incident Reports, Property Info, HAZMAT / UST Street Number Char 20 Direction List 2 List Values: N, S, E, W Street Name Char 40 Street Suffix List 4 List Values below Unit/Suite # Char 8 Date Date Date Range Char 21 Street Suffix List Values The following abbreviations should be used for Street Suffix Field Values and in Document Names where applicable. The list is available in the Sheet Suffix field List drop -down. Laserfiche Enterprise Software License and Professional Services Agreement Page 42 25E -44 Ave Blvd Cir Ct Dr G1 Lk Ln P1 Plz Rd St Way C. Type Case. Metadata entry (indexing and document names) should be in mixed case where the first letter of each word is capitalized and the remaining letters are in lower case. D. Microfilm Rolls. • Each microfilm roll is in a box and generally includes SAFD incident report documents in date sequence for a date range, usually 6 months. • Document Name - Each roll will be scanned and stored as one document, using the following naming convention from information identified on the roll label: <Date Range> Incident Reports Use YYYYMMDD — YYYYDDMM format for the Date Range. Example: 19740101 — 19740630 Incident Reports Also there may be some rolls that are labeled with "Dispatchers Report of Alarms" or similar (typically 1 or 2 per year). The following naming convention should be used for those. <Year, Date, or Date Range> Incident Reports Dispatchers Report Example: 1974 Incident Reports Dispatchers Report • Folder Structure — A top -level "Fire" folder will be created which will contain an "Incident Reports" sub - folder which will contain ten year range sub - folders. Documents will be placed in the ten year range sub - folders according to the year of the document. The folder structure will look as follows: \Fire Incident Reports 1960-1969 Laserflche Enterprise Software License and Professional Services Agreement 25E -45 Page 43 1970-1979 1980-1989 1990-1999 2000— 2009 • Indexing — The "Fire" index template will be used with the following fields populated. Field Value Document Type Incident Reports Date Range the date range from the roll label, i.e.: 01/01/1969 - 06/30/1969 Microfiche Sheets. • Microfiche sheets contain property address - related documents. • One or more microfiche sheets are stored in a jacket (envelop) for each property address in the City of Santa Ana. • When a microfiche jacket contains more than one fiche sheet, they will be scanned in the order they appear in the jacket as one rnulti -page document. • Page removal o Accuflex will not include certain unique pages that meet criteria provided by Licensee (established during the sample test scans). • Document Name - Each set of sheets per property address will be scanned and stored as one document, using the following naming convention from information identified on the jacket: < Address> (i.e.: 3100 W Adams St) The Street Suffix should be included in the address for the Document Name. No periods in the Direction or Street Suffix. See the Street Suffix List Values section for standard street suffix abbreviations. • Folder Structure — A top -level "Fire" folder will be created which will contain a "Property Information" sub- folder which will contain number and alphabet sub - folders for the beginning of the street name from the fiche jacket. The folder structure will look as follows: \Fire Property Address 01 02 21 A B Z Laserfche Enterprise Software License and Professional Services Agreement 25E -46 Page 44 • Indexing — The "Fire" index template will be used with the following fields populated. Field Value Document Type Property Info Street Number Address Number Direction Street Direction if Indicated (List Values: N, S, E, W) Street Name Street Name Street Suffix Street Suffix if Indicated (See Street Suffix List Values section) Unit/Suite # Unit or Suite # if Indicated 10. PWA and Other Scanning Requirements Licensee wishes to engage the scanning services of Accuflex to scan Public Works Agency (PWA) and other Licensee department paper records into Licensee's Laserfiche system. In addition to letter and legal size documents, PWA works with and stores engineering drawings up to E size. A. Scan Settings. i. Drawings. The quality of drawing images scanned is very important because PWA is planning to destroy the originals. The images will be relied upon for engineering accuracy. Everything legible in the original document should also be legible in the image. In addition to quality, performance and storage capacity are considerations as well but not as important as quality. Below is the preferred resolution and bit -depth settings for PWA drawings. Accuflex will use its discretion on adjusting these and other scan settings as necessary for each image to reach acceptable quality. Drawing Type Resolution Bit -Depth Drawings Hard -copy — Mylar and Good Quality Mono -tone Print 400 dpi Black & White Drawings Hard -copy — Halftones, Shading, or Poor Quality 200 dpi Grayscale Drawings Hard -copy — Color 200 dpi Color Drawings Aperture Cards (microfilm) — Good Quality Simple 200 dpi Grayscale Mono -tone images 400 B &W may be acceptable; however, aperture card quality cannot be ascertained w/o looking at it in a reader, so the conservative approach is to scan 200 gayscale Laserfiche Enterprise Software License and Professional Services Agreement 25E -47 Page 45 Drawings Aperture Cards (microfilm) - Halftones, Shading, 200 dpi Grayscale Complicated or Poor Quality images ii. Business Size Documents. PWA and Licensee's other departments work with business size documents up to 11" x 17 ". The quality of non - drawing document images scanned is also important. These will be retrieved and read by users. Originals may be destroyed after the images are loaded into the system. The document images need to be clearly legible. Below is the preferred resolution and bit -depth settings for business size documents. Accuflex will use its discretion on adjusting these and other scan settings as necessary for each image to reach acceptable quality. Document Type Resolution Bit -Depth Business -size documents 200 dpi Black & White Business -size documents with Shading (i.e.: Charts) 200 dpi Grayscale /color* *Subject to approval by Licensee. B. Other Drawing Specifics Image Area: Drawing sizes will be up to "E" size (Engineering or Architectural). If the drawing includes a hangtag, it should be included in the scanned image. Document Separation: Drawings (aka: Drawing Set) are composed of one or more sheets (pages). Each drawing has a unique drawing number. Its drawing number and page number on its hangtag identifies each page in a drawing. The page numbers in the hangtag should be used to identify when a document ends and when a new one begins. Note: the page numbers in the lower right title block of the drawing may not be accurate. C. Indexing - General. Accuflex will use information associated with the document to populate a set of index template fields, name the document, and file the document in a folder in the Laserfiche system. Licensee will provide instructions on where to find the information associated with each document for this purpose. Documents may contain 1 or more pages. The number of characters included (allotted) for indexing in the standard rate is up to 10 per page averaged over the total number of pages scanned during the batch. For example, if each Laserfiche Enterprise Software License and Professional Services Agreement 25E -48 Page 46 document being scanned in the batch contains exactly 5 pages, 50 characters of indexing would be included. If the documents being scanned contain a variable number of pages, then the total pages scanned divided by 10 would determine the allotted indexing characters included for the batch. Selection of values from a drop -down list is counted as 1 character. Accuflex will keep track of the index characters used and may charge a per- character surcharge for characters entered over the allotment for the batch. The following do not count towards the allotment of indexing characters. • Document Name • Folder Name creation (as necessary) • The selection of Document Scan Volume • The selection of other scan and image processing Settings • Automated population of fields (i.e.: zone -OCR, lookup from an outside data source, etc.) D. PWA Drawings Indexing. PWA Drawings will be indexed using the Drawings Template containing the following fields. Field Data Type Description Drawing No Char (10) Drawing number assigned by PWA Central Files. This number Street Improvements, including utilities 1931 thru 2005 is on the drawing hangtag. E.g.: TS 1 -001. The second set of numbers should be at least 3 digits (it should be zero - pre - filled if necessary). Project No Char (50) Project number(s), if any, that the drawing is associated with. If there are multiple they will be delimited with a semicolon (` ; "). If there is a project number, it will appear in the hangtag and/or the title block or surrounding area. It will start with a "PR" prefix. E.g.: PR1440A Year Char (4) The year of the drawing. If there is more than one date, the most recent one in the signature block should be used. Cabinet No Char (4) Cabinet number in which the hard copy drawing is / was stored in. This will be found in the P1anLog or Master Plan Log Access database. Drawing Number Convention Sequence Tye Numbering Convention Description of Drawings Approval Years 1 1- XXX -XX Street Improvements, including utilities 1931 thru 2005 Laserfiche Enterprise Software License and Professional Services Agreement 25E -49 Page 47 Sequence Type Numbering Convention Description of Drawings A roval Years 2 AD XXX Street Improvements, including utilities 1921 thru 1982 3 CH 1 -XXX Signing and Striping 1995 thru 2003 4 F -XXXXX Facilities & Structures 2004 thru 2005 5 FF -XXXXX Fire Stations 2002 6 FX -XXXXX Parks and Schools 2002 thru 2005 7 FP -XXXXX Parking Lots 2006 8 FR -XXXXX Regional Transportation Center 2006 9 HF XX -XX Street Improvements, including utilities 1921 thru 1995 10 R -XXXXX Street Improvements 2002 thru 2006 11 RB -XXXXX Bike Trail 2005 12 RL -XXXXX Street Lighting 2006 13 RS -XXXXX Storm Drains & Catch Basins 2004 thru 2005 14 S -XXXXX Sewer Improvements 2002 thru 2005 15 SS -XXX Sewer Improvements 1956 thru 2004 16 TC -XXXXX Traffic Control Plans 2003 THRU 2005 17 TH -XXXXX Signing & Striping 2003 thru 2006 18 TR XXXXX Street Improvements by designated Tracts 1919 thra 1990 19 TS -XXXXX Traffic Signal Improvements 2003 thru 2006 20 TS 1 -XXX Traffic Signal Improvements 1995 thru 2003 21 TSC X -XXX Traffic Signal Cabinet Drawings 2003 thr 2005 22 U -XXXXX Utilities (Sewer & Water) 2005 23 W -XXX Water Im rovements 1934 thru 2006 24 W -XXXXX Water Improvements 2003 thru 2005 Seq Numbering Tye Convention Explanation Sequence 1 begins with the number 1, followed by a dash, then a 3 digit number, followed by a 2 digit number. 1 1- XXX -XX Number the image as per the inventory sheet, adding 0's in both the middle and final segments when appropriate. For exam le, if card reads 1 -2 -9, number the image as 1- 002 -09. 2 AD XXX Sequence 2 begins with the capital letters AD, followed by a space, and then a 3 digit number. Again, add 0's in the last segment when necessary. Example, AD 330 3 CH 1 -XXX Sequence 3 begins with the capital letters CH, followed by a space, the number 1, and then a 3 digit number. A ain, add 0's in the final position when necessary. Example, CH 1 -00 1 4 F -XXXXX Sequence 4 begins with the capital letter F, followed by a dash, and then a 5 digit number. Example, F -05001 5 FF -XXXXX Sequence 5 begins with the capital letters FF, followed by a dash, and then a 5 digit number. Example, FF -04032 6 FX -XXXXX Sequence 5 begins with the capital letters FX, followed by a dash, and then a 5 digit number. 7 FP -XXXXX Sequence 7 begins with the capital letters FP, followed by a dash, and then a 5 digit number. 8 FR -XXXXX Sequence 8 begins with the capital letters FR, followed by a dash, and then a 5 digit Laserfiche Enterprise Software License and Professional Services Agreement 25E -50 Page 48 Seq Numbering Type Convention Explanation number. 9 HF_XX -XX Sequence 9 begins with the capital letters HE, followed by a space, and2 digit number, and then another 2 digit number. Add 0's were appropriate (See Inventory List) Example, HF O1 -02 10 R -XXXXX Sequence 10 begins with the capital letter R, followed by a dash, and then a 5 digit number. 11 RB -XXXXX Sequence 11 begins with the capital letter RB, followed by a dash, and then a 5 digit number. 12 RL -XXXXX Sequence 12 begins with the capital letters RL, followed by a dash, and then a 5 digit number. 13 RS -XXXXX Sequence 13 begins with the capital letters RS, followed by a dash, and then a 5 digit number. 14 S -XXXXX Sequence 14 begins with the capital letter S, followed by a dash, and then a 5 digit number. 15 SS -XXX Sequence 15 begins with the letters SS, followed by a dash, and a 3 digit number. Add 0's where appropriat e. 16 TC -XXXXX Sequence 16 begins with the letters TC, followed by a dash, and then a 5 digit number. 17 TH -XXXXX Sequence 17 begins with the capital letters TH, followed by a dash, and then a 5 digit number. 18 TR_XXXXX Sequence 18 begins with the capital letters TR, followed by a space, and then a 5 digit number. 19 TS -XXXXX Sequence 19 begins with the capital letters TS, followed by a dash, and then a 5 digit number. 20 TS_1 -XXX Sequence 20 begins with the capital letters TS, followed by a space, followed by the number 1, a dash, and then a 3 di it number. Add 0's in the last "segment" when appropriate. Exam le, TS 1 -023 21 TSC_X -XXX Sequence 21 begins with the capital letters TSC, followed by a space, followed by a 1 digit number, followed by a dash and then a 3 digit number. Add 0's in the last "segment" when appropriate. Example, TSC 1 -102 22 U -XXXXX Sequence 22 begins with the capital letter U, followed by a dash, and then a 5 digit number. 23 W -XXX Sequence 23 begins with the capital letter W, followed by a dash, and then a 3 digit number. Add 0's when a p2ropriate. 24 W -XXXXX Sequence 24 begins with the capital letter W, followed by a dash, and then a 5 digit number. E. PWA Drawings Document Naming. PWA Drawing documents will be named by their Drawing Number which is found in the hangtag of the drawing. Example: TH -05034 F. Other Documents Indexing, Naming, and Folders. The template fields, document naming, and folder requirements will be provided for other Laserflehe Enterprise Software License and Professional Services Agreement 25E -51 Page 49 documents to be scanned. G. Scan Folder Structure. Documents scanned by Accuflex should be scanned into the following folder structure: Scan\Accuflex To Be Reviewed \Batch < batch number> PWA will reviewed scanned documents in this folder and move them to the permanent folder once the quality has been verified. 11. Price Schedule Laserfiche will bill Licensee for actual items scanned by Accuflex using the following price schedule. A. Microfilm Rolls. Service Unit Black & White Cost Grayscale Cost 16mm rolls containing less than 2,000 images Roll $50 $65 16mm rolls containing 2,001 -4,000 images Roll $75 $90 16mm rolls containing more than 4,000 images Roll $100 $115 Microfilm Scanner Setup /Cleaning of the rolls (if required) $50 per setup $50 per setup B. Microfiche Sheets. Service Unit Black & White Cost Grayscale Cost 16mm Image $0.07 $0.10 35mm Image $0.085 $0.115 C. Paper Documents and Drawings (Black & White or Grayscale). Type of Document Unit Cost Documents up to and including 11" x 17" Page $ .08 Large Format Documents - up to E Size (36" x 48 ") Black and Sheet $ 1.35 White Laserfiche Enterprise Software License and Professional Services Agreement 25E -52 Page 50 Large Format Documents - up to E Size (36" x 48 ") Grayscale Sheet $ 1.45 Large Format Documents - up to E Size (36" x 48 ") Color Sheet $ 1.55 Aperture Cards Frame $ .49 Indexing Surcharge when exceeding 10 characters / page averaged over the total engagement pages Character $ .008 D. Additional Fees. Service Fee Document Naming & Indexing (per requirements) No Charge Exporting as a Laserfiche Briefcase /volume No Charge Making Exported Briefcase / Volume Available on a Secure Laserfiche FTP Site for Downloading No Charge Media Copy / Burning (e.g.: USB Drive, Memory Card, DVD) $30 per disk Document Pickup / Drop off (round trip from Accuflex to Licensee's office) $60 per trip Laserfiche Enterprise Software License and Professional Services Agreement 25E -53 Page 51 25E -54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT FOR PARAMEDIC/ MEDICAL BILLING AND COLLECTION SERVICES _ I / CITY 44MAN R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement with Wittman Enterprises, LLC for a three -year period for paramedic /medical billing and collection services beginning July 1, 2014 (based on a contingent collection fee of 6% - year one; 6.15% - year two; and 6.3% - year three) to include an option at the election of the City to transfer administration, promotion, billing, and collection of the City's Paramedic Subscription Program, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for administering the City's paramedic /medical billing and collection services agreement. Wittman Enterprises, LLC is the incumbent service provider and has performed paramedic/medical billing and collection services for the City since 1994. The primary tasks of the paramedic /medical billing and collection services provider are: • to assure that the City is reimbursed in a timely manner for emergency medical services and transport that the City provides through its contracts with the Orange County Fire Authority (OCFA) and CARE Ambulance; • to maximize the legal reimbursement to the City from all sources, including but not limited to: Medicare, Medi -Cal, and private insurance; • to manage provider compliance with Medicare and Medi -Cal to insure the City has a record of clean claims and a history of proper billing; • to supply comprehensive revenue recovery involving appeal of Medicare, Medi -Cal, and private insurance denials, researching of all private pays to find viable insurance, and working with patients to arrange alternate methods of repayment; and • to help coordinate patient participation in the City's Paramedic Subscription Program with other insurance coverage payments. 25F -1 Agreement for Paramedic /Medical Billing and Collection Services June 17, 2014 Page 2 On March 20, 2014, a notice inviting bids was advertised on the City's online bid management and publication system. A summary of the RFP solicitations and the proposals received is as follows: 13 Vendors were electronically notified 6 Vendors downloaded the bid packet 0 Bids received from Santa Ana Vendors 1 Bid received The one qualified bidder responding was Wittman Enterprises, LLC (Wittman). A committee composed of City and OCFA staff reviewed Wittman's proposal and interviewed senior Wittman staff. Based on the evaluation of the committee, Wittman's proposal was found to be responsive to the needs of the City: Wittman's fees are contingent upon successful billing and collection of paramedic /medical services provided through the City's contracts with the OCFA and CARE Ambulance. Wittman's current fee rate is 6.3 %. Wittman's proposed fee rates over the term of a three year agreement are as follows: (Agreement Year 1) — 6% of net collections (Agreement Year 2) — 6.15% of net collections (Agreement Year 3) — 6.3% of net collections In addition to administering the City's paramedic /medical billing and collection services agreement, the Treasury Division of the Finance and Management Services Agency is responsible for managing the City's Paramedic Subscription Program. Currently, over 6,500 City households participate in the program at an annual membership fee of $50.96 generating over $150,000 annually. As an add -on option to a new paramedic /medical billing and collection services agreement, Wittman proposes to adopt, promote, administer & collect the City's Paramedic Subscription Program. As part of its offer Wittman proposes the following services: • An initial mass mailing to promote participation in the City's Paramedic Subscription Program. Wittman warrants that the initial mass mailing list will total approximately 20,000 accounts. • An annual renewal mailer to all registered Paramedic Subscription Program members. • Wittman will generate and send a Paramedic Subscription Program membership mailer to all non - subscription paramedic /medical service recipients on an ongoing basis to further promote the program. • Wittman will collect all Paramedic Subscription Program applications and membership fees for processing. 25F -2 Agreement for Paramedic /Medical Billing and Collection Services June 17, 2014 Page 3 The proposed cost for Wittman's Paramedic Subscription Program service will be applied to fees collected and is as follows: ➢ Initial and subsequent renewal mailings - $1.00 per account. ➢ Administration of the City's subscription program: (Year 1) - 12% of subscription membership fees collected. (Year 2) - 11 % of subscription membership fees collected. (Year 3) - 10% of subscription membership fees collected. In order to implement third party administration of the Paramedic Subscription Program through Wittman, Medicare requires that a jurisdiction maintain a certain paramedic subscription fee threshold to meet Medicare Part B cost - sharing guidelines. This would require the City to increase its current annual subscription fee from $50.96 to $65. Participation in the optional City Paramedic Subscription proposal is elective on the part of the City and can be exercised by the City Manager or his designee for the first agreement year, prior to January 1, 2015, and thereafter prior to July 1St for any subsequent agreement year. Based on the potential to more efficiently promote and administer the City's Paramedic Subscription Program and thereby expand participation by Santa Ana residents, staff recommends inclusion of this option. FISCAL IMPACT As payment for services is contingent upon successful collection, Wittman will share in the total revenue recovered from their billing /collection efforts and paid from the Fire Services Contract Services Professional account no (01115330- 62300). ± N''i�Lj\�_Lrr 1 3 Francisco Gutierrez Executive Director I Finance & Management Services Agencyl�� FG /wh Exhibit: Agreement with Wittman Enterprises, LLC; 25F -3 25F -4 AGREEMENT FOR PROFESSIONAL AMBULANCE BILLING SERVICES BETWEEN THE CITY OF SANTA ANA AND WITTMAN ENTERPRISES, LLC THIS AGREEMENT, made and entered into this 17`h day of June, 2014 by and between Wittman Enterprises, LLC, a California Limited Liability Company (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill in providing ambulance and paramedic billing and collection services for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide EMS and EMTS billing and collection services as set forth in Exhibit A, attached to this Agreement and incorporated by reference. At the election of City, and upon written notification by the City Manager or his designee to Consultant, Consultant shall provide paramedic membership subscription services to include: outreach, solicitation, collection, and administration services as set forth in Exhibit B, attached to this Agreement and incorporated by reference. 2. TERM This Agreement shall commence on July 1, 2014 and terminate on June 30, 2017, unless terminated earlier in accordance with Section 12, below. Services provided beginning July 1, 2014, shall be within the Scope of Services of this Agreement. 25F -5 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a percentage fee of net collections obtained by Consultant per contract year as follows: i. Agreement Year 1 - equal to 6.0 % of net collections obtained by Consultant. ii. Agreement Year 2 - equal to 6.15 % of net collections obtained by Consultant. iii. Agreement Year 3 - equal to 6.3% of net collections obtained by Consultant. b. Consultant shall bill for Emergency Medical Services at the rates established by City Council Resolution. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing collections received by City, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than s 1,000,000 per accident. 25F -6 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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: 25F -7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Copy to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5414 fffJ City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: Wittman Enterprises 21 Blue Sky Court Sacramento, California 95828 Facsimile: (800) 906 -6552 Courtesy copy to: Jon Riese, Esquire Signature Law Group 3400 Bradshaw Road, Ste A -4A Sacramento, CA 95827 Facsimile: (916) 290 -7616 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 facsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In 25F -8 the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant, nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 25F -9 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. Consultant agrees that, notwithstanding the existence of any dispute between the parties, insofar as possible under the terms of this Agreement, each party will continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by any court. 25F -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA STOR K Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager WITTMAN ENTERPRISES CORRINE WITTMAN -WONG Chief - Executive Officer Tax ID# FEIN # 68- 0456021 25F -11 EXHIBIT A SCOPE OF SERVICES A. GENERAL PERFORMANCE REQUIREMENTS Consultant shall provide the City of Santa Ana with Billing and Collection services for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) as specified herein. 1. BILLING Consultant shall prepare all invoices and follow -up mailings. Initial invoicing with both English and Spanish instructions will be on 8x11 billings and will be placed in envelopes, sealed and mailed, postage prepaid. Initial invoicing occurs within three (3) days of receipt of transport ticket. Initial invoicing is fully itemized statement stating all procedures and supplies. Toll Free 800 telephone number provided to patients. An initial telephone call will also be made at time of initial invoicing to elicit any insurance information from the patient or patient's family. If Consultant receives no answer on this call, Consultant will send and inquiry letter in addition to the initial invoice. The standard bill schedule is as follows: 1. Invoice in English and Spanish Immediately 2. Statement 30 days 3. Past Due 20 days 4. Final Demand 10 days 2. MEDICARE, MEDI -CAL Consultant shall electronically convey all Medicare and Medi -Cal invoices to the appropriate payor. All secondary insurance, coinsurance and co- payments for Medicare/Medi -Cal, shall be transferred to the appropriate pay source and promptly billed to that source Consultant shall be responsible for program updates if the requirements of Medicare and Medi -Cal fiscal intermediaries change during the contract period. 3. WORKERS' COMPENSATION AND PRIVATE INSURANCE Consultant shall bill private insurance, supplemental insurance, secondary insurance and workers compensation in accordance with applicable requirements. Electronic billing of insurance companies is performed where appropriate. Any correspondence for additional information or follow up necessary to secure insurance payment shall be performed by Consultant. In the event that members of the City's Paramedic Subscription Program have third party insurance, a diligent and timely effort shall be made by the Consultant to identify, bill, and pursue payment from these sources. Medi -Cal, Medicare, and Insurance company billing schedules shall be as needed. 25F -12 4. DELINQUENT CLAIMS Consultant shall track accounts requiring special handling and follow -up. Consultant will honor City requests for special handling of accounts including but not limited to elderly, handicapped and social dependent situations. Patients with claims aging over 45 days will be contacted by telephone for payment arrangements. Telephone follow up will continue until payment in full is received or account is dismissed by the City to an outside collection agency. Consultant will utilize installment billing as allowed by the City in cases of financial hardship. Accounts will be reviewed monthly so that accounts that have been deemed uncollectable are sent to the City's designated collection agency between 180 and 210 days. 5. RECEIPTS PROCESSING Consultant will receive copies of payments deposited by City and post those payments to the correct patient account within one (1) day of receipt. Consultant will forward to City any payments made directly to Consultant. 6. REPORTS Consultant shall perform accurate month end close procedures that will result in the following reports: a. Monthly Ticket Survey b. Monthly Sales Journal c. Monthly Cash Receipts Journal d. Monthly Receivables Aging e. Management Accounts Receivable Analysis f. Statistical Reports Reports shall be provided monthly and shall be transmitted electronically in Portable Document Format (PDF) and shall display in portrait page orientation. As deemed desirable by City, alternative reporting content or format may be adopted by mutual agreement of City and Consultant. B. RECORDS Consultant shall maintain records in accordance with generally accepted bookkeeping and accounting practices. Consultant must keep claim submission date, follow -up payments made on account, source of payment and automatic audit trail to assignment for collection. Consultant agrees that all account files remain the property of the City and will be returned to City at termination of this Agreement. Account file information including patient name, address, age, diagnosis, contact information, billing and payment information shall be updated as necessary to maintain accurate records. Patient records shall be cross referenced by name, Social Security number, address, date of birth, date of service and Paramedic Subscription program membership number. RECORDS RETENTION Consultant agrees to retain all source documents including attachments for seven (7) years. All Medicare and Medi -Cal audits for periods during which this contract is in effect shall be referred to Consultant. 25F -13 Consultant shall comply with City established policies, standards and security procedures and procedures relating to the release of information concerning injured or treated parties. C. CITY RESPONSIBILITIES • Submit necessary transport information, including pay source information and patient condition to Consultant for billing purposes • Forward to Consultant all necessary information relating to patient transport services, payments and patient eligibility • Notify Consultant of any accounts requiring special attention/handling • Obtain signature of patient or guardian • Provide patient's Social Security number 10 25F -14 EXHIBIT B OPTIONAL CITY PARAMEDIC SUBSCRIPTION MEMBERSHIP PROGRAM Adoption, promotion, and administration of City's Annual Paramedic Subscription Membership Program: 1. As a condition to participation in Optional City Paramedic Subscription Membership Program and to ensure that City is compliant with Medicare guidelines on subscription membership fees, City shall impose a minimum paramedic services subscription fee of not less than $65. 2. The City Manager or his designee shall inform Consultant in writing of City's decision to participate in Optional City Subscription Membership Program. 3. Upon receipt of City's written decision to participate in Optional City Paramedic Subscription Membership Program, Consultant shall assist City in generating and formatting an initial mass mailer to solicit participation by residents of the City of Santa Ana in the paramedic services subscription membership program. Consultant shall assist City in generating and formatting a renewal paramedic services subscription membership program mailer and will format that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi - color, double -sided City Paramedic Subscription Membership Program solicitation letter /application and return envelope. Use of additional colors, inserts or enclosures may be added at the direction of the City. Consultant's cost shall reflect increased service costs, materials, and postage. Consultant shall prepare a statement of additional costs per mailing piece for approval by the City prior to incurring additional costs. 4. Consultant shall generate the City's initial mass mailing list from paramedic billing accounts listed in Consultant's database for fiscal years 2009 -10 through 2013 -14. Mailing list shall be comprised of all residential paramedic billing accounts in Consultant's billing system. Consultant warrants that the initial mass mailing list will total approximately 20,000 accounts. At the option of the City, alternate mass mailing lists can be developed reflecting shorter time periods. Consultant shall annually send a renewal mailer to all registered City Paramedic Subscription Membership Program members based on all registered City of Santa Ana subscribers in Consultant's database. 5. Consultant shall thereafter, on an on -going basis, generate and send an initial paramedic services subscription membership program mailer to all non - subscription paramedic service recipients upon payment or write -off of service recipient's paramedic services billing. 6. Consultant will receive and process each subscription application by adding the member to Consultant's system (profit center) and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to Consultant's billing system. The City will receive separate monthly reports for the subscription program. 25F -15 7. Cost — The cost for Consultant's subscription membership program service is as follows: a. Initial and subsequent renewal mailings - $1.00 per account (to be applied as an offset to Paramedic Subscription Program billing collections). b. Administration of the City's subscription program — 10% of paramedic subscription membership fees collected. i. Agreement Year 1 - 12% of subscription membership fees collected. ii. Agreement Year 2 - 11 % of subscription membership fees collected. iii. Agreement Year 3 - 10% of subscription membership fees collected. Participation in the optional City Paramedic Subscription Membership Program shall be elective on the part of the City and can be exercised by the City Manager or his designee for the first agreement year, prior to January 1, 2015, and thereafter prior to July I" for any subsequent agreement year. 12 25F -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENTS FOR INITIAL AND PRIOR PLACEMENT COLLECTION AGENCY SERVICES CITY MAPAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement with PennCredit for a three -year period for collection agency services for all accounts receivable initially placed for collection beginning July 1, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. 2) Approve and authorize the City Manager and Clerk of the Council to execute the attached agreement with American Capital Enterprises, Inc. for a two -year period, with provision for a one -year renewal, for collection agency services for all accounts receivable previously placed for collection prior to July 1, 2014, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury Division of the Finance and Management Services Agency is responsible for assuring the collection of all moneys due the City. The Treasury Division has an in -house collection program, to which delinquent account receivables referrals from all agencies of the City are received, including but not limited to: Paramedic Billing, Parking Enforcement, Municipal Utility Services, Dog Licensing, Business Licensing, and Miscellaneous Accounts Receivable. A minimum of three city issued collection letters are sent to individuals and companies who fail to pay monies owed to the City. Collection letters inform individuals and companies of the outstanding debt and inform individuals /companies of the transfer of the debt to the City's assigned collection agency if payment is not made. The current agreement with American Capital Enterprises, Inc. is scheduled to end on June 30, 2014. On March 11, 2014 a notice inviting bids was advertised on the City's online bid management and publication system. A summary of the RFP solicitations and the proposals received is as follows: 9 Vendors were electronically notified 8 Vendors downloaded the bid packet 0 Bids received from Santa Ana Vendors 3 Bids received 25G -1 Agreement for Initial Placement Collection Agency Services June 17, 2014 Page 2 A committee comprised of City staff reviewed the three proposals received. An evaluation of proposals compared eight criteria: (1) ability to meet requirements as set forth in the RFP, (2) thoroughness and understanding of the tasks to be performed; (3) firm's expertise and overall experience of personnel assigned to the work; (4) service approach; (5) time required accomplishing the requested services, (6) public sector experience in municipal setting conducting similar services; (7) fee structure; (8) quality of references and result of interviews. Based on the evaluation of proposals by the committee, the following is the ranking of service proposals: FIRM 7nl ilk 1. PennCredit 1 st 2. Automated Collection Services, Inc. 2nd 3. American Capital Enterprises, Inc. 3rd PennCredit (a 27 -year collection services company), was most responsive to the evaluation criteria and the City's future collection agency service requirements. The recovery fee rates for PennCredit's services are based on the City's transmittal of delinquent debt as follows: Staff recommends approval and authorization to award an agreement with PennCredit for Initial Placement Collection Agency Services for all accounts receivable initially placed for collection beginning July 1, 2014. However, to continue collecting on existing outstanding debt balances, staff recommends approval and authorization to award an agreement with American Capital Enterprises, Inc. for Prior Placement Collection Agency Services for all accounts receivable previously placed for collection prior to July 1, 2014. This recommendation is made based on American Capital Enterprises, Inc.'s expert knowledge regarding the nature & collection status of previously placed debt and their #1 ranking of 20% in terms of fee structure relating to prior placement debt. 25G -2 Within 7 months of After 7 months of delinquency delinquency 1. Standard Collection 17% 19% 2. Subject to Franchise Tax Board Interagency 22% 24% Intercept Program 3. Require Legal Action 33% 35% Staff recommends approval and authorization to award an agreement with PennCredit for Initial Placement Collection Agency Services for all accounts receivable initially placed for collection beginning July 1, 2014. However, to continue collecting on existing outstanding debt balances, staff recommends approval and authorization to award an agreement with American Capital Enterprises, Inc. for Prior Placement Collection Agency Services for all accounts receivable previously placed for collection prior to July 1, 2014. This recommendation is made based on American Capital Enterprises, Inc.'s expert knowledge regarding the nature & collection status of previously placed debt and their #1 ranking of 20% in terms of fee structure relating to prior placement debt. 25G -2 Agreement for Initial Placement Collection Agency Services June 17, 2014 Page 3 FISCAL IMPACT As payment for services for both collection agencies is contingent upon successful collection, both PennCredit and American Capital Enterprises, Inc. will independently share in the total revenue recovered from their individual collection efforts. There is no direct fiscal impact on any expenditure accounts of the City or its related agencies. Francisco Gutierrez Executive Director Finance and Management Services Agency wh Exhibits: 1. Agreement with PennCredit 2. Agreement with American Capital Enterprises, Inc. 25G -3 25G -4 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17`h day of June, 2014 by and between PennCredit, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of debt collection. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant Responsibilities. Consultant shall provide collection services in connection with overdue miscellaneous accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated March 28, 2014, on file in the Santa Ana Purchasing Division. In performing said services, Consultant shall: 1. Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant. 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following rates: (i) For all accounts receivable initially placed for collection within 7 months of delinquency: a. 17% for accounts placed for standard collection; b. 22% for accounts placed for collection subject to the Franchise Tax Board's Interagency Collection Program (for which Consultant must locate Social Security Numbers); and, c. 33% for accounts requiring legal action. (ii) For all accounts receivable initially placed for collection after 7 months of delinquency: 25G -5 a. 19% for accounts placed for standard collection; b. 24% for accounts placed for collection subject to the Franchise Tax Board's Interagency Collection Program (for which Consultant must locate Social Security Numbers); and, c. 35% for accounts requiring legal action. 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 6. Retain from first monies collected on a legal account, its advanced costs. 7. Remit to City all monies, less commission, by the 201h day of the month following collection. 8. Provide written acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity or all accounts assigned to Consultant, including: a. Total dollar value assigned b. Total dollar value collected c. Percentage collected on total dollar value assigned d. Number of account assigned e. Number of accounts on which payments received f. Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assignment. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City Responsibilities: 1. Use reasonable care to assign bonafide miscellaneous accounts receivable claims to Consultant. 2. Use best efforts to verify any disputed amount. 3. Warrant the accounts assigned to Consultant are first placements (no collection agency has attempted to contact the debtor by letter service or otherwise) and understands the commission rates herein are based on this representation. 25G -6 2. COMPENSATION a. Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section I above "SCOPE OF SERVICES ". 3. TERM This Agreement shall commence on July 1, 2014 and terminate on June 30, 2017, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employers social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for 0 applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25G -7 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 4 25G -8 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Copy to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: PennCredit 916 South 14`" St. Harrisburg, Pennsylvania 17104 Facsimile (717) 238 -1370 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 facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours 25G -9 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 25G -10 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page} 25G -11 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: 'J-.Ac- LISA STORCK Assistant City Attorney PENNCREDIT RICHARD S. TEMPLIN President Tax ID# FEIN # 23- 2470030 25G -12 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17`h day of June, 2014 by and between American Capital Enterprises, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of debt collection. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES A. Consultant Responsibilities. Consultant shall provide continuing collection services in connection with overdue miscellaneous accounts receivable billings previously assigned by the City to Consultant through June 30, 2014, as set forth in Consultant's Proposal dated March 20, 2014, on file in the Santa Ana Purchasing Division. In performing said services, Consultant shall: I. Make concerted efforts on behalf of the City to collect all past due accounts previously assigned to Consultant. 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following: (i) Standard accounts 20% (ii) Accounts requiring legal action 35% 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior written approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 25G -13 6. Retain from first monies collected on a legal account, its advanced costs. 7. Remit to City all monies, less commission, by the 201h day of the month following collection. 8. Provide written acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity or all accounts assigned to Consultant, including: a. Total dollar value assigned b. Total dollar value collected c. Percentage collected on total dollar value assigned d. Number of account assigned e. Number of accounts on which payments received f. Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assignment. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City Responsibilities: I. Use reasonable care to assign bonafide miscellaneous accounts receivable claims to Consultant through June 30, 2014. 2. Use best efforts to verify any disputed amount. 3. Warrant the accounts assigned to Consultant are first placements (no collection agency has attempted to contact the debtor by letter service or otherwise) and understands the commission rates herein are based on this representation. 2. COMPENSATION a. Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section 1 above "SCOPE OF SERVICES ". 3. TERM This Agreement shall commence on July 1, 2014 and terminate on June 30, 2016, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for up to one (1) additional one -year term at the option of the City, exercisable by the City Manager and City Attorney. 25G -14 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of services provided, Commercial General Liability insurance is not required. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. 25G -15 e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. 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 25G -16 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 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile (714) 647 -6956 Copy to: Executive Director of Finance and Management Services City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Consultant: American Capital Enterprises, Inc. 42145 Lyndie Lane, Suite 212 Temecula, California 92591 Facsimile (909) 695 -3763 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 facsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not 25G -17 be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant, nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 25G -18 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) 25G -19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager AMERICAN CAPITAL ENTERPRISES, INC. RONALD G. MATHESON President Tax ID# FEIN #95- 3840461 25G -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT WITH WARREN DISTRIBUTING, INC. FOR A VENDOR -OWNED INVENTORY PROGRAM FOR FLEET VEHICLE PARTS CITY MANAGER 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 an agreement with Warren Distributing, Inc. for a vendor -owned inventory program for fleet vehicle parts for a three year period, in an annual amount of $450,000, with provisions for two one -year term extensions exercisable by the City Manager, subject to non - substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Finance and Management Services Fleet Maintenance Division maintains over 650 active fleet vehicles covering sedans, small trucks and large equipment at the Corporate Yard. Fleet maintains a stock room of fast moving parts as well as special ordered Original Equipment Manufacturer (OEM) parts to provide the needed vehicle parts for maintenance including preventative maintenance, complex mechanical repairs and tire replacements. Vehicles serviced include Police patrol sedans, as well as all light trucks and heavy equipment including sewer and dump trucks. On December 19, 2011, City Council awarded an agreement for an integrated business solution for auto parts. This program has produced several operation efficiencies such as a reduction of obsolete parts and shrinkage costs, eliminate the need for maintaining an inventory of parts as well as streamlined Purchasing and Accounts Payable processes by reducing the number of contracts for auto parts, purchase orders and invoices. As such, staff recommends continuing to operate under this innovative business model in order to achieve efficiencies. On May 15, 2014 a request for proposals was advertised on the City's online bid management and publication system. A total of 36 potential vendors were notified and eleven (11) downloaded the solicitation documents. A pre - proposal conference meeting and job walk followed May 21, 2014. Five potential suppliers attended the meeting. 25H -1 Agreement with Warren Distributing, Inc. for Vendor -Owned Inventory Program June 17, 2014 Page 2 Three proposals were received and evaluated by a committee consisting of representatives from various City divisions including Police, Facilities Maintenance, and Facilities, Fleet, and Central Stores. The proposals were evaluated based on availability and quality of products, contractor experience with similar vendor -owned programs, compliance with request for proposal requirements, and cost. The suppliers' average score and ranking are as follows: Supplier Score Ranking Warren Distributing, Inc. 92 1 Factory Motor Parts 90 2 CarQuest Auto Parts 68 3 The proposal from Warren Distributing, Inc. received the highest score in the evaluation process and meets all City requirements. The annual amount is based on staff projections for this contract period. Furthermore, the current incumbent's agreement is due to expire June 30, 2014. As such, the City will work a transitioning plan with the incumbent to ensure continued service and delivery of inventory vehicle parts. FISCAL IMPACT Funds are available in the Finance and Management Services Equipment Maintenance — Garage Operation account (no. 07510100- 63202). APPROVED AS TO FUNDS AND ACCOUNTS: n .�rA-> .- . Francisco Gutierrez 15R Executive Director Finance & Management Services Agency CL /sp 25H -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of June, 20t4 by and between Warren Distributing, Inc., a California Corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge with regard to the maintenance of a vendor -owned inventory program in order to provide vehicle parts, as requested, for City fleet vehicles and with the ability to provide "one time" parts as needed for immediate delivery. B. Consultant represents that Consultant is able and willing to provide such services to the City, C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES a. The "Scope of Work and Services" for this agreement is attached as Exhibit "A" and includes any and all work efforts related to the supplying of Miscellaneous Fleet Vehicle Parts. Consultants Pricing List for Miscellaneous Parts and Accessories is attached hereto as Exhibit `B ". b. Pricing shall remain firm during the first year of the contract and shall include all freight and delivery charges. Thereafter, price increases may be submitted for consideration by the City at the contract's anniversary date only. c. The City reserves the right to conduct periodic audits of vendor invoices to ensure compliance with contract pricing. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as payment for its services, the amounts identified in its pricing list. A detailed breakdown of the Pricing List provided by Consultant is attached hereto as Exhibit `B ". The total compensation to be paid pursuant to this Agreement shall not exceed S 450,000.00 annually. 25H -3 b. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Consultant shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: i. Consultant's invoice number ii. Beginning and ending dates for services iii. City purchase order, project nutnber and/or name (if applicable) iv. Work site address/location (if applicable) v. Unit cost, subtotals and total for invoice. C. Price Adjustments. The parties may annually agree to an adjustment of charges (not to exceed 2 %) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles- Anaheim - Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.). d. Extra Work. No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The Consultant will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. 3. TERM This Agreement shall commence on July 1, 2014 and shall be for a one -year period with provisions for two one -year renewal options exercisable by the City Manager and approved as to form by the City Attorney. Each one -year renewal option shall not exceed $450,000.00. This agreement may be terminated earlier in accordance with Section 12, below. In the event funding is not allocated for this project during the annual budget approval process, the City shall notify Consultant of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor 25H -4 shall it be construed to create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured provisions. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant is required to be insured against liability for Workers' Compensation or to undertake self - insurance. Prior to commencing the performance of the work under this contract, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. If Consultant 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) per claim. 25H -5 The following requirements apply to the insurance to be provided by Consultant pursuant to this section: a. Consultant shall maintain all insurance required above in fall force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. 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. b. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I 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. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, 25H -6 and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: and, Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: WARREN DISTRIBUTING INC. 8737 Dice Road 25H -7 Santa Fe Springs, CA 90670 Attention: Brian Weiss A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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, any notice, tender, demand, delivery, or other 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, Cotmty or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or 25H -8 other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City porney Jose Sandoval Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: Maria D. Huizar Clerk of the Council CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Brian Weiss Title: Employer ID # or Individual SS # 25H -9 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS 14 -034 FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES SCOPE OF SERVICES& SPECIFICATIONS The Fleet Maintenance Division of Finance & Management Services Agency maintains over 650 active fleet vehicles including sedans, trucks, vans, motorcycles, large heavy trucks, and police patrol sedans at the Corporate Yard facility located at 215 S. Center Street, Santa Ana, CA 92703. It is the responsibility of Fleet Maintenance to conduct routine maintenance on all vehicles, and replace all worn or broken parts. Parts for vehicles are ordered for Inventory stock as well as parts required on an "as- requested" basis. The City desires to establish a prime and exclusive relationship with an auto parts and accessories distributor through a vendor -owned inventory (consignment) based business solution program providing a full line of equipment, products, accessories and services related to parts for the maintenance and repair of autos, trucks and other equipment to best serve the overall needs of the City. The City will provide the on -site staff to operate its Parts Counter Operation. Qeneral Parts Information The successful vendor shall supply parts and shop supplies necessary to maintain, repair and operate' the City's fleet of vehicles and equipment including but not limited to, a full line of light and heavy duty equipment parts, Original Equipment Manufacturer (OEM) parts, small engine parts, hydraulic hoses, fasteners, tires, steel, welding supplies, safety supplies, chemicals, equipment, and all fluids associated with automotive vehicles (i.e. lubricants, antifreeze, brake fluids, etc.) Original equipment quality parts, .4hpplies., and egtyfpmont,.octhe equivalent or-better are required. The Fleet Maintenance Division re5erve"ffie right to purchase parts and other supplies that cannot be provided by the vendor within the time frames specified, or that do not meet original equipment quality, or that have been deemed inferior or unacceptable by Fleet Maintenance Division. Fleet Maintenance Division reserves the right to solicit reoairs from any private vendor where said vendor may provide parts and/or labor for the repair of fleet equipment. Fleet Maintenance Division further requires that in every application where the City determines to be reasonable and acceptable the Contractor provide rebuilt, refurbished, recycled or refined products that meet or exceed OEM, SAE, UL, Mil -spec, ANSI or other industry quality standards. The Fleet Maintenance Division reserves the right over the course of the contract period to determine which products must be new, refurbished, recycled or retreaded. The Contractor shall also accept industry standard cores for rebuilding where the parts are acceptable as core exchanges including water pumps, alternators, etc. The Fleet Maintenance Division will work with the Contractor throughout the contract period to determine the parts, supplies and equipment to carry in Inventory. This determination may be based on usage, fleet size, and parts ordering turnaround time, or any combination of these factors. Vendor Requirements The vendor shall have access to and control over sufficient inventory, either in an off-site location, or on- site in the vendor's own warehouse, preferably to be within a 1 -hour delivery time to the Fleet Maintenance shop. The vendor shall also have the ability to purchase Original Equipment Manufacturer parts by negotiation with one or several local dealer parts operations. The vendor shail have the capacity to furnish an 85% fill rate for the City's on -hand parts inventory requirements. The vendor shall evaluate the usage history of the current inventory of vehicle parts and supplies and thereafter on a monthly basis to identify those that should be removed from stock, added to stock, and to determine the stocking levels of those that should remain in stock. The vendor shall adhere to the stock reorder plan Fleet Vehicle Parts & Accessores 14 -034 Page 9 25H -10 Exhilpit A detailed in the proposal. Prompt response time to parts requests is crucial to establish and maintain a high level of maintenance shop productivity. Any decision to make changes that will impact response times must be mutually agreeable with designated City staff and the vendor. The vendor shall provide stock and non -stock original equipment parts, supplies and equipment, or aftermarket items In equal or higher quality. A minimum of Grade 8 is required on all fasteners. All hydraulic equipment, components and parts must meet JIC and SAE specifications. City Fleet Maintenance Division reserves the right to Inspect the quality of materials, supplies and equipment proposed to be furnished and to reject any item(s) deemed not to meet original equipment standards and performance. All such items provided by the selected vendor for resale to the city will remain the property of the vendor until purchased by the city. At its discretion, the City may elect to purchase and maintain ownership of certain specialized items. The city reserves the right to purchase parts and/or services from other sources if the vendor cannot provide the desired part(s) by end of business the day following request, and in emergency situations to procure parts Immediately if the vendor cannot supply the part(s) in an acceptable time frame. The vendor shall not issue parts or supplies to city personnel without a proper work order requisition. The vendor shall give a receipt containing specific Information with items delivered to the City's employee for each work order requisition. A second copy of the receipt will be given to the fleet management administrative section. The receipt shall contain specific tracking information, i.e., equipment number, reference number, receiving employee name, parts quantities, part number and alpha description, price detail and any other data deemed necessary for effective accounting tracking. A duplicate of each transaction must be provided with the billing for verification of accounting transactions. The vendor shall maintain warranty records of items sold to the City and issue any credits including labor and parts; due to the City that are covered under these warranties. All items must include full manufacturer's warranties and guarantees. The Contractor must guarantee all items purchased for equipment repair and maintenance applications will fit the intended application and further guarantee that the product will work on the intended application. On -site replacement for defective, inferior or non -fit items must be guaranteed. General information It is the intent and expectation of this solicitation to award a vendor contract to the best responsive and responsible bidder offering the best overall selection of products, supplies, equipment and services that meet the most commonly requested specifications. In the event no responding bidder is able to service such a contract, the City reserves the right to award to multiple bidders in order to meet the City's requirements. All bids received will be evaluated based on their ability to provide the greatest utility to the City across the widest spectrum of products and services. The City Invites all responding bidders to bid your entire product line to the extent that those products fall under the definition of "Auto and Truck Parts and Accessories." All equipment, products, and services are to meet or exceed all industry standards and requirements as defined, understood, established, and set forth by those accepted standards. This RFP is for an infinite quantity of products and services. Any quantities andr'cr sales volume stated herein are based on "potential' usage by the City, and no guarantee of sales volume or quantity is expressed nor implied. A response to this RFP, in addition to the included line item pricing sheet, shall be in the form of a percentage discount from a catalog or a category purchasing contract. A response to this RFP is an offer to contract with the City based on the goals, intent, terms and conditions, and scope of products and services contained herein. Fleet Vehicle Parts & Accessories 14 -034 Page 10 25H -11 Exhibit A Delivery Time: Orders placed as Hot Shot" will be price quoted at the time of ordering and delivered within one (1) hour or sooner. Vendor -owned (consignment) Inventory parts ordered will be delivered within a 24 -hour period. All deliveries are to be to the City Corporate Yard, 215 S. Center St., Santa Ana, CA. As the City's fleet is perpetually changing, the City maintains the option to add or remove vendor -owned (consignment) inventory parts for the duration of the contract period. The successful bidder will agree to supply added items at the pricing structure consistent with like parts and/or manufacturer, and /or at the stated catalog and /or category purchasing discount rate as existing inventory. All parts shall be warrantied in accordance with the manufacturer's warranty. THIS AREA LEFT BLANK INTENTIONALLY Fleet Vehicle Parts & Accessories 14 -034 Page 11 25H -12 Exhibit B CITY OF SANTA ANA REQUEST FOR PROPOSALS 14 -034 FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES RFP PROPOSAL PRICING _ ST �r RFP 14 � -�_�/ .034 MISC VEHICLE PARTS i7 J � t wbinc, „s CITY OF SANTA ANA City Stk e Description M MFG M MFG Number Q ease P PRICE A Alternate MFG 02 -5665 B BRAKE CLEAN -14oz SPRAY CAN C CRC 5 5.050 4 48 $ $ ,(o Brake Rotor - Front 02.71425 B 2008 -2011 Crown Vic Police R RAYBESTOS 6 680130P 2 25 $ $ZS•�a�J V VJIUj QJ{ -bD Brake Rotor - Rear ' 'J � 02 -71435 2 �7+� 2008 -2011 Crown Vic Police R RAYBESTOS 6 680129P 2 25 Brake Pad - Front _ V 02.71895 B 2008 -2011 Crown Vic Police R RAYBESTOS A _ V 25 _ $ Z 64 L L" 4 _ $ Total Elm $ 1%-13 7 F ffl 7 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE- Fleet Vehicle Parts & Accessories 14 -034 Page 28 25H -13 12 T72)J 1-W to 40A VbIG go4o_a -p I PS C014 t CASLdf - -1ZV�l Exhibit B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR MISCELLANEOUS FLEET VEHICLE PARTS & ACCESSORIES RFP PROPOSAL PRICING Firm It would not be practical to list all parts / components that may be used by the city. The RFP Proposal Pricing List on the previous page Is a general representation of a cross section of vehicle parts and an indicator of most frequent usage for bid response purposes only. The manufacturer numbers for Items listed In the RFP Proposal Pricing List on the previous page are to serve as a reference and assist prospective bidders in identifying the corresponding Item(s) In their own product lines. Responsive bidders may need to cross reference part numbers for bid response purposes. The City In no way restricts the products to be offered by proposers to the stated brand(s) only. For parts and accessories not specifically listed on the RFP Proposal Pricing List, Bidders must submit a fixed percentage discount off the Bidders most current price list, for all automotive parts, components, accessories, and all other products and - services offered by the Bidder, for the life of the contract. The discount percentages offered shall apply to the entire parts catalog for the brand and category listed. Please indicate the discount percentage and Base Price List from which the discount percentage is calculated, i.e., List, Wholesale, Jobber, Etc. The discount being offered is % off of the price list. If the discount varies from manufacturer to manufacturer, please list in the space below. Manufacturer Price List Discount Percentage Wix Filters Jobber less 53% Gates Rubber Jobber less 18% AC Delco List Price less 25% Motorcraft Ford Dealer Price NET Dorman Products DC Invoice Price plus 24% 4 Seasons AC Parts List Price less 47.5% Grote Lighting Jobber less 18% Standard Ignition WD Cost plus 20% Moog Jobber less 12% Monroe Jobber less 28% Stant Jobber less 10% CRC Jobber less 25% 3M List Price less 44.75% Other Lines: The discount being offered is 53% off the List price list. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE, Fleet Vehicle Parts & Accessories 14 -034 Page 29 25H -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: APPROVE AGREEMENTS FOR SPECIAL LEGAL COUNSEL SERVICES WITH SILVER & WRIGHT, LLP; THE LAW OFFICES OF GUTIERREZ, FIERRO & ERICKSON, A PROFESSIONAL CORPORATION; LEXOLUTION, LLC; AND, THE LAW OFFICES OF PYKA, LENHARDT, SCHNAIDER, ZELL, A PROFESSIONAL CORPORATION J G'< CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on to Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to approve agreements with Silver & Wright, LLP; The Law Offices of Gutierrez, Fierro & Erickson, a Professional Corporation; Lexolution, LLC; and, The Law Offices of Pyka, Lenhardt, Schnaider, Zell, a Professional Corporation for legal services at the specified rates, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Silver & Wright, LLP: On March 21, 2013, the City entered into a Legal Services Agreement with Silver & Wright, LLP in the amount of $25,000 for assistance with code enforcement, receivership, and police legal support services. Pursuant to the terms of the initial agreement, Silver & Wright, LLP successfully completed the abatement of a public nuisance through a receivership action on behalf of the City that resulted in the demolition and removal of the Saddleback Inn. Silver & Wright, LLP also recovered over $65,000 in both legal and staff costs involved in that action. On November 18, 2013, the City entered into another Legal Services Agreement with Silver & Wright, LLP in an amount not to exceed $40,000 for further receivership support services related to the property owned by U.S. Bank located at 805 E. Chestnut Avenue. Silver & Wright, LLP successfully resolved this action, which resulted in the demolition and removal of the structure on the property. Silver & Wright, LLP also recovered over $34,000 in both legal and staff costs involved in that action. 251 -1 Special Legal Counsel Services June 17, 2014 Page 2 As a result of these achievements, the City Attorney's Office would like to utilize Silver & Wright, LLP for additional receivership actions. The City Attorney's Office would also like to have the ability to utilize Silver & Wright, LLP for other legal services related to code enforcement and police services. Accordingly, staff is requesting that the Council approve a new agreement with Silver & Wright, LLP for such services to remain in effect for three (3) years. The Law Offices of Gutierrez, Fierro & Erickson, a Professional Corporation: The Law Offices of Gutierrez, Fierro & Erickson, a Professional Corporation, provides litigation defense for public entities. The City Attorney's Office would like to utilize this firm for such litigation services when such need arises. Accordingly, staff is requesting that the Council approve a new agreement with the Law Offices of Gutierrez, Fierro & Erickson, a Professional Corporation, for such services to remain in effect for two (2) years. Lexolution, LLC: Lexolution is a provider of temporary attorneys and paralegals who can supply the City with necessary assistance in times of need. Accordingly, staff is requesting that the Council approve a new agreement with Lexoluticn, LLC for such services to remain in effect for one (1) year. The Law Offices of Pyka, Lenhardt, Schnaider, Zell, a Professional Corporation: The Law Offices of Pyka, Lenhardt, Schnaider, Zell, a Professional Corporation, provides general tort defense for public entities. The City Attorney's Office would like to utilize this firm for such litigation services when such need arises. Accordingly, staff is requesting that the Council approve a new agreement with the Law Offices of Pyka, Lenhardt, Schnaider, Zell, a Professional Corporation, for such services to remain in effect for two (2) years. FISCAL IMPACT As a result of the success of the initial receivership, the City created a Receivership Fund Account (account no. 09801001 24042). The idea is to use the funds in this account to fund additional actions and to replenish that account through the recovery of legal and staff expenses in each action. All other legal services provided pursuant to these contracts shall be paid for out of the City Attorney's Office's Other Contractual Services Budget (account no. 01108032- 62300). Sonia R. Carvalho City Attorney ROH APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 251 -2 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of June, 2014, by and between Silver & Wright LLP, a California limited liability partnership ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of Code Enforcement, Receiverships and Police Services, and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rates set forth in Exhibit A, attached hereto and made a part hereof by this reference. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then 251 -3 in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement, 5. TERM The term of this Agreement shall commence on the date first written above and terminate three (3) years from said commencement date, unless terminated earlier pursuant to Section 14 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 tennination shall not affect Attorneys' right to be paid for its time and materials expended prior to notification of termination. 8. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 9. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with perfonnance of services specified under this Agreement. 251 -4 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Telefacsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Attorneys: Silver & Wright, LLP 4000 Barranca Parkway, Suite 250 Irvine, CA 92604 Telefacsimile: (949) 385 -6428 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 Attorneys. 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 Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 3 251 -5 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 14. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of tennination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 15. DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 16. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. MISCELLANEOUS PROVISIONS 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 frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 11 4 251 -6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar David Cavazos Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO SILVER & WRIGHT, LLP BY: Matthew R. Silver Partner Tax ID No. 46- 2127592 251 -7 EXHIBIT A FEE RATES (Attached) 251 -8 SILVER & A VRIG-HT LLP Attorneys at Law PROPOSAL TO PROVIDE LEGAL SERVICES FOR CODE ENFORCEMENT, RECEIVERSHIPS, POLICE PROSECUTIONS PRESENTED TO: CITY OF SANTA ANA 251 -9 PROPOSED SERVICES AND RATES A. CODE ENFORCEMENT 1. Criminal Prosecutions a. Police - Issued Citations For Public Peace Related Violations FLAT RATE: $475 per case; $159 per hour for trial. Mr. Silver and Mr. Wright have tremendous experience in criminally prosecuting misdemeanor and infraction violations of municipal codes. We have successfully prosecuted hundreds of cases involving all types of code violations, from excessive noise and public offenses to businesses operating without a business license and other operations violations. Our experience includes handling cases from investigation and case evaluation through trial and enforcement of probation. As always, we place the client in the best position possible to recover all of its fees and costs. Silver & Wright proposes a flat rate of $475 per criminal case, which includes assisting staff with the investigation, reviewing the evidence and the citation of complaint drafting, appearing in court at the arraignment, and pre -trial hearing, all connnunications with opposing counsel and City staff, and case updates. If the case proceeds to trial, a blended hourly rate of $159 for attorneys and $100 for paralegals and law clerics would apply to handle the trial readiness hearing, trial proceedings, and any subsequent appeals or conviction enforcement proceedings. b. Violations Based on Zoning, Public Nuisance, and Other Violations RATE: $159 per hour. As with general code enforcement prosecutions, we have successfully prosecuted hundreds of criminal cases based on violations of zoning regulations and public nuisance provisions. In Santa Ana, this would refer to criminal enforcement of Chapter 41 and Chapter 17, Article 1 (property based public nuisances'). Criminal prosecutions involving these types of violations often involve additional drafting, negotiations and court appearances, as well as enforcement efforts to ensure probation or civil compromise terms are being followed. As such, Silver & Wright would propose an hourly rate of $159 for attorneys and $100 for paralegals and law clerks. Cost recover; is particularly effective in these types of cases. 2. Civil Litigation RATE: $179 per hour. Code enforcement actions often necessitate civil litigation to enjoin and abate nuisances, and recover civil penalties. At Silver & Wright, we have handled numerous such lawsuits for cities with great success. We are particularly knowledgeable of the array of special cases and laws that apply to abatement of public nuisances and the particular procedures that will help ensure success for our clients. In addition, we are experts in identifying and implementing the right strategy and remedies for the particular situation. From marijuana dispensaries to substandard housing and land use 251 -10 violations, Mr. Silver and Mr. Wright have obtained numerous victories for public entity clients and have handled matters from inception through case disposition. For these services, Silver & Wright proposes a blended rate of $179 per hour for attorneys and $100 per hour for paralegals and law clerks. 3. Graffiti Enforcement and Restitution RATE: $179 per hour. Graffiti is not just an eyesore for communities, it also stifles the sense of safety and cohesion in a neighborhood and acts as a communication mechanism for gangs. Cleaning up graffiti costs cities and taxpayers tens to hundreds of thousands of dollars each year. At Silver & Wright, we recognize that cities should not bear the brunt of these costs, especially in these lean economic times when funds and personnel are limited. As such, our attorneys have developed and successfully implemented cutting -edge ordinances that allow cities to comprehensively attack graffiti, recover their costs and deter graffiti in the future. Our strategy involves maximizing a city's graffiti fighting powers under State law. We create tools for tides to recover their clean up and investigation costs, then penalize the taggers, and if a minor, the parents as well. In the last six months alone, we have obtained over $50,000 in judgments against taggers and their parents — cost recovery that otherwise would have been lost. Moreover, unlike juvenile court restitution, our cost recovery process does not stop when the juvenile's probation ends. This means cities have at least a 10 year window for recovery instead of just a few months or a year. This approach leads to reduced graffiti, more parental responsibility and supervision over their minors, and allows the city to maintain a source of revenue to clean up graffiti. One city reported a 50% decrease in graffiti expenses following these successful efforts. At the very least, this strategy sends a strong message to taggers and gang members that their conduct will not be tolerated. We would assist City staff in developing and implementing this program by drafting appropriate ordinances, working with enforcement officials to obtain the necessary evidence, prepare and issue demand letters to taggers and parents, conducting settlement negotiations, pursuing civil litigation to recover the city's costs and impose penalties, and helping the City enforce the judgment and recover its award. For these specialized and unique services, Silver & Wright proposes a blended hourly rate of $179 per hour for attorneys and $100 per hour for paralegals and law clerks. 4. Administrative Cost Recovery, Appeals and Nuisance Hearings RATE: $179 per hour. Mr. Silver and Mr. Wright have tremendous experience in administrative proceedings, including cost recovery hearings, appeals of administrative fines and actions, and nuisance abatement hearings. 251 -11 Cost recovery is one of out primary specialties. We helped cities develop and successfully implement cutting -edge cost recovery procedures that ensure clients recover as much of their attorneys' fees, court costs and staff costs as possible. We do this by drafting and helping staff implement ordinances that maximize recovery of fees and costs incurred in every nuisance abatement action, whether the abatement takes the form of a criminal, civil, administrative or self - help. In addition, we consider cost recovery as a component in providing advice to our clients regarding enforcement strategy, and then implement those strategies during the enforcement action to guarantee the agency will be in the best position possible to recover all of its expenses. Often, following an abatement by judicial, administrative or other action, the strategy calls for an administrative hearing to confirm the agency's costs and fees. Once confirmed, those expenses are recovered via an array of remedies, including nuisance abatement liens, special assessments, wage gamishments, attachments, and recovery agreements. We also effectively utilize lis pendens and other title clouding measures to ensure the City retains priority in property encumbrances and to help ensure recovery. Administrative proceedings can also be a cost - effective and minimally adversarial method to abate nuisances, handle appeals of administrative citations, liens and assessments, and meet due process requirements. We have handled numerous such matters for cities from inception through the appellate courts with excellent results. In one recent example, we successfully defended a city against two appeals of an administrative citation, then obtained a court order awarding the city its attorneys' fees involved in the process. We are up to date on the legal requirements for these hearings, including Nightlife / .Quintero issues, Fort Bragg revocation and expiration constraints and due process requirements. Our services to the City would include helping staff identify when administrative hearings are appropriate or required, helping ensure the City's administrative procedures are followed, preparing briefings for the hearings, representing City staff at the hearings, and ensuring the City is well positioned in the event of a writ or appeal to the Superior Court, and then helping the City recover its costs and attorneys' fees. For these services, Silver & Wright proposes a blended of $179 per hour for attorneys and $100 per hour for paralegals and law clerks for any administrative proceedings related to appeals of administrative citations, nuisance abatement determinations and cost recovery. This rate includes file review, preparing briefs and correspondence, assisting City staff with administrative procedures and representing City staff at the initial administrative hearing and subsequent appeals. 5. Gun Confiscations RATE: $179 per hour. At Silver & Wright, we have worked with cities to keep guns out of the hands of criminals and the mentally incapacitated. We have the particular expertise required to navigate the procedural and legal requirements to succeed in gun confiscation cases. 4 251 -12 For these services, Silver & Wright proposes a blended rate of $179 per hour for attorneys and $100 per hour for paralegals and law clerks. This rate includes drafting and filing documents with the court, obtaining and evaluating medical records, attending court hearings, settlement negotiations, preparing settlement documents and communicating with opposing counsel and City staff, as well as trials and appeals. 6. Ordinance Drafting and General Code Enforcement Services. RATE: $179 per hour. At Silver & Wright, we have helped numerous cities develop ordinances allowing them to aggressively and effectively deal with a wide variety of issues relating to cost recovery, nuisance abatement, property maintenance, graffiti, foreclosures, administrative citations and procedures, liens and assessments, public offenses and many others. For these services, and any miscellaneous and or general code enforcement related services not otherwise provided for in this proposal, Silver & Wright proposes a blended rate of $179 per hour for attorneys and $100 per hour for paralegals and law clerks. B. RECEIVERSHIPS RATE: $179 per hour Receiverships are a very powerful tool to abate dilapidated buildings and structures, to enforce judgments and preserve property interests. At Silver & Wright, we have experience in both Health & Safety Code based receiverships and Code of Civil Procedure based receiverships. Mr. Silver frequently teaches classes on receiverships for a local community college and throughout the State for code enforcement and building associations. We have also published articles on this unique and effective remedy. If handled correctly, two of the main benefits of Health & Safety Code based receiverships are guaranteed compliance and Hill recovery of attorneys' fees and staff costs. Cities can also avoid the costs and other difficulties involved in abating the nuisances itself by seeking a court appointed receiver to solve the problem — all at the expense of the nuisance property and its owner. With receiverships, the City never has to pay the actual costs of abating the nuisance conditions. We have handled several receiverships and successfully obtained complete nuisance abatement, judgments ensuring ongoing compliance and awards of full attorneys' fees and staff costs for our clients. Our unique expertise and strategies help ensure that cities are freed from the dangers and blight presented by substandard properties, and that they do not bear the costs of enforcement. For receivership services, Silver & Wright proposes a blended rate of $179 per hour for attorneys and $100 for paralegals and law clerks. C. PITCHESS MOTION DEFENSE FLAT RATE: $989 per motion; $179 per hour for wits and appeals. Pitcher motion defense is a very specialized area of the law based in statute, but heavily augmented by case law. Pitchess defense is vital for the City to show support for its police officers, to protect police officers' rights and privacy, and to maximize the effectiveness of law enforcement 5 251 -13 efforts. We closely monitor developments in case law affecting Pitchers motion defense and police officer rights to ensure that we can provide police departments the best defense possible when it comes to opposing motions to divulge police officer personnel files. At Silver & Wright, we take personal pride in supporting and defending police officers' rights, which shows in our dedicated and personal attention to these matters. For Pitchers motion defense, Silver & Wright proposes a flat rate of $989 per opposition to each motion, which includes reviewing the case file and motion pleadings, interviewing the officers, drafting and filing the opposition documents, and defending the officer and City at the hearing. If the results of the hearing are challenged by writ or appeal, we propose a blended rate of $179 per hour for attorneys and $100 per hour for paralegals and law clerks. D. BED LIGHT CAMERA PROSECUTION RATE: $154 per hour. Out attorneys have experience prosecuting red light citations and responding to related criminal discovery requests and demurrers. The enforcement of these citations and recovery of the fines often defines the success of the program. Silver & Wright has substantial expertise in this area and can provide the City with the best representation. For these services, we propose a blended rate of $159 per hour for attorneys and $100 per hour for paralegals and law clerks. ADDITIONAL INFORMATION A. EFFECTIVE COMMUNICATION Our mission at Silver & Wright is to provide the City with the best legal representation possible. To do so, we are committed to effectively communicating with City staff in every respect. We will make ourselves available to listen and accurately respond to the inquiries of City staff, and we will provide regular and timely updates regarding all pending matters. We understand and appreciate that time - sensitive demands require special attention. We will provide the City and staff with our direct phone numbers and email addresses to ensure immediate responses to staff needs. B. COSTS Reimbursement of costs advanced by Silver & Wright on behalf of the City, as well as other expenses, will be billed in addition to the amounts billed for fees. These normally include costs for court filing fees, process server fees, messenger fees, property tide research and litigation guarantees, printing and document reproduction, automobile mileage at the prevailing IRS rate, and other costs necessary for legal representation. We have no mark -up on these costs and we make no separate charges for administrative support. Our fees already include all overhead costs associated with our legal services. C. INSURANCE Silver & Wright carries professional liability, auto and commercial liability coverage in the amount of $2,000,000, as well as worker's compensation insurance in the amount of $1,000,000. We will be happy to provide the City with proof of insurance upon request. 251 -14 D. CONCLUSION We look forward to having the opportunity to support the City's enforcement and quality of life efforts. In recent years, the attorneys at Silver & Wright have pioneered efforts to deliver effective code enforcement legal services to cities on a cost neutral basis. Properly designed and implemented, code enforcement efforts can at least be cost neutral, and even a source of revenue for the City, which is especially important in these economically challenging times. Our experience, pricing, training, location, and uniquely qualified approach make Silver & Wright an ideal selection for the City's code enforcement, police services and red fight camera legal representation. If you require any additional information, please contact Matthew Silver at 949 -383- 6431 or msilvcr ®silverwrighdaw.com. Respectfully Submitted, SILVER & WRIGH r LLP M �a, d Matthew R. Silver Partner 251 -15 SILVER & WRIGHT LIT Attorneys at Law CITY OF SANTA ANA PROPOSED RATES FLAT RATES Criminal prosecution $475 /case • Police- issued /public peace Trial - criminal hourly rate citations Pitchess motion defense $989 /motion Writs & Appeals —civil hourly rate HOURLY Criminal prosecutions (all other) $159 /hour- attorneys Red light camera prosecutions $100 /hour— paralegals /clerks Civil enforcement $179 /hour - attorneys • Nuisance abatement $100 /hour — paralegals /clerks • Receiverships • Gun confiscations • Graffiti enforcement and restitution • Other litigation (slip & fall, other torts) Administrative hearings per SAMC • Nuisance • Costrecovery • Appeals • Snhey /Quintero General services /advice 251 -16 ATTORNEY CITY FEE AGREEMENT THIS AGREEMENT is made between GUTIERREZ, FIERRO & ERICKSON, A.P.C. ( "Attorney ") and the CITY OF SANTA ANA, a Municipal Corporation ( "City "). 11 Employment of Attorney. City retains and employs Attorney to represent the City in litigation matters assigned to Attorney by the City Attorney, 2. Compensation. City shall pay Attorney at the rate of $225 per hour for attorney time and $75 per hour for paralegal time, or as adjusted by Attorney and City from time to time, and those expenses and costs set forth in Paragraphs 3 and 4. 3. Expenses. In addition to the hourly rates described in Paragraph 2, City agrees to pay all reasonable and necessary expenses incurred by Attorney on behalf of City in connection with the litigation matters described herein including: (a) Any filing fees, permit fees, or other fees paid or advanced by Attorney on behalf of City in accordance with Paragraph 2. (b) Expense for the printing or reproduction of documents required in connection . with the services described herein to the extent that any such costs are advanced by Attorney under Paragraph 4, at actual cost. (c) Travel expenses at actual cost, including but not limited to air fare, taxicab fare, meals, and lodging incurred while representing City. 4. Costs. In addition to the hourly rates described in Paragraph 2 and expenses described in Paragraph 3, City agrees to pay all other costs incurred by Attorney or required of City for the litigation matters described herein. However, Attorney shall not be obligated to pay or advance any such expenses or costs, and Attorney may (1) request City to advance payment for any such expenses or costs or (2) arrange to have those expenses and costs directly billed to City. Notwithstanding this provision, Attorney may, at its sole option, advance such expenses or costs as Attorney deems appropriate and obtain reimbursement from City. The fact that Attorney elects to advance any particular expense or cost on behalf of City shall not be deemed to create an obligation to advance the same or similar expenses or costs at any future time. 5. Payment Upon Billing, Attorney shall submit monthly billing statements to the City Attorney of City that itemize the fees charged and the applicable rates under this Agreement and all expenses and costs for which Attorney is entitled to reimbursement. City agrees to pay said amounts within 21 days from the statement date. 6. Other Obligations of City. City agrees to cooperate with Attorney to the extent necessary for Attorney to discharge its duties under this Agreement. City's cooperation shall include, but not be limited to the following: (a) Provide Attorney with any necessary documents and other information promptly upon request; (b) Advise Attorney of City's address, telephone numbers, and trips by pertinent staff members longer than one (1) week in duration; and 1 of Attorney Fee Agreement Document No. 24908 251 -17 (c) Attend all appointments, meetings, conferences, depositions, proceedings, and other events at which City's presence is required. 7. Attorney's Insurance. Attorney maintains errors and omissions insurance coverage applicable to the services to be rendered by Attorney. S. Independent Contractor. The services to be rendered under this contract are those of an independent contractor. Attorney and Attorney's employees shall not be considered agents or employees of City for any purpose. Neither Attorney nor any of Attorney's agents or employees shall be entitled to any of the benefits that City provides for its employees. Attorney will be solely and entirely responsible for its acts and for the acts of its agents or employees during the performance of this Agreement. Attorney shall have no authority to bind City and Attorney shall not incur any debt, obligation or liability on behalf of City. 9. Termination. This Agreement may be terminated by written notice by either party to the other. 10. Withdrawal by Attorney. City acknowledges that failure to comply with City's obligations under this Agreement can result in Attorney's withdrawal from further representation of City under this Agreement. Attorney may withdraw from the representation of City with regard to the matters covered by this Agreement within a reasonable time after giving City notice of the withdrawal. 11. Arbitration. (a) It is understood and agreed that any claim arising out of the rendition or lack of rendition of services under this Agreement including claims of legal malpractice shall be determined by arbitration. This includes any claim that any legal services rendered under this Agreement were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered. At the sole option of City this arbitration provision may also include any dispute over legal fees as provided in § §6200 -6206 of the Business and Professions Code of the State of California. (b) All parties to this Agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. City may wish to seek outside advice or counsel concerning this procedure. This arbitration provision may be rescinded within 30 days from the date of City's signature below by delivery of written notice to Attorney. (c) In rendering the award, the arbitrator will determine the rights of the parties according to the substantive laws of the State of California. (d) The proceedings will be administered by a single arbitrator mutually selected by the parties in accordance with the then existing practices and procedures. NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF LEGAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. 2of3 Attomcy Fee Agreement - Document No. 24908 251 -18 12. Notice. All notices under this Agreement shall be in writing and shall be delivered by personal service or by certified or registered mail, postage prepaid, return receipt requested, to the parties. Any written notice to any of the parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy -two (72) hours after mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices to the parties shall be addressed as follows: To City: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 To Attorney: Jimmy Gutierrez Gutierrez, Fierro & Erickson, APC 12616 Central Avenue Chino, CA 91710 Each party shall provide the other party with telephonic and written notice of any change in address as soon as practicable. 13. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. 14. Governing Law. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. Executed in duplicate on June 3, 2014, at Santa Ana, California. City of Santa Ana, Gutierrez, Fierro & Erickson, APC A Municipal Corporation A / � By: By: Miguel Pulido Its Mayor Its / i A R TO ROAM N IC CITY IS ENTITLED TO A SIGNEI Attorney Fee Agreement COPY OF THIS AGREEMENT. 251 -19 251 -20 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of June, 2014, by and between - - " — - - Lexolution, a California limited liability company (Coiupany ), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City"). RECITALS A. City desires to employ Company to assist the City Attorney in the provision of legal services to the City, and B. Company provides temporary attorneys licensed to practice law in the State of California and temporary paralegals to assist with providing legal services, and Company desires to undertake said services for the City. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF COMPANY City hereby agrees to and does retain Company, for the compensation hereinafter specified, to assist the City Attorney in transactional and litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Company accepts said retention and agrees to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Company shall confinn its acceptance of work requested by City in writing by e -mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Company, and Company agrees to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rates set forth in Exhibit A attached hereto and incorporated by this reference. B. REIMBURSEMENT FOR COSTS The City agrees to reimburse Company and/or its employees for out -of- pocket expenses incurred by the Company's employees, including but not limited to, mileage, if incurred during the performance of duties under this Agreement and as authorized by the City Attorney. 3. METHOD OF PAYMENT Company shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto, if applicable. 4. CONTROL OF LEGAL MATTERS Company agrees that each and every assignment or proceeding in which it and/or its employees undertakes to assist the City Attorney shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that the City Attorney shall be kept informed of those matters and especially of significant developments in the matters undertaken by Company and/or its employees. Company further agrees, if and when its 251 -21 retention hereunder is terminated by City, as hereinafter specified, the Company and/or its employees shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate one (1) year from said commencement date, unless terminated earlier pursuant to Section 14 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that in the performance of the covenants hereunder, Company and/or its employees are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Company shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Company fails or refuses to produce and 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 Company's right to be paid for its time and materials expended prior to notification of termination. 8. INDEMNIFICATION Company agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of the negligent or wrongful performance or conduct under this Agreement by the Company and/or its employees. 9. CONFIDENTIALITY If Company and/or its employees receive from the City information, which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Company agrees that it shall not use or disclose such infonnation except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Company, disclosed in a publicly available source; (c) is in rightful possession of the Company without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Company without reference to information disclosed by the City. 10, CONFLICT OF INTEREST CLAUSE Company affirms that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 2 251 -22 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Telefacsimile (7I4) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Company: Lexolution, L.L.C. 1901 Avenue of the Stars, Suite 200 Los Angeles, CA 90067 Telefacsimile: (310) 461 -1471 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Company, 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 Company. The parties agree that any terms or conditions of any invoice or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Company or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 251 -23 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Company, Company may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or -subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other attorneys retained by City. 14. TERMINATION This Agreement may be terminated by City at any tine. In such event, Company shall be entitled to receive and the City shall pay Company compensation for all services performed by Company prior to receipt of such notice of termination. As a condition of such payment, Company shall deliver to the City all files and records generated under this Agreement as of such date. Company may terminate this agreement, subject to its obligation to provide reasonable notice to the City so the latter can arrange alternative representation, if necessary due to the circumstances. 15. DISCRIMINATION Company 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. Company affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION — VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the Iaws 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. 17. MISCELLANEOUS PROVISIONS 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injinies or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. [NEXT PAGE] 251 -24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City AttorOy r By: Sandra Attorney CITY OF SANTA ANA David Cavazos City Manager LEXOLUTION, L.L.C. By: Name: Title: Tax ID No. 251 -25 EXHIBIT "A" FEE RATES (Attached) 6 251 -26 &Lexo1ut100nL.L.C, REPRESENTATIVE PROJECTS AND RATES 1. Litigation discovery (hard copy document review and electronic discovery). We consistently place teams of experienced contract attorneys to review documents and a -mails for responsiveness and privilege, create privilege logs, etc. over periods of from a few days to a year or more. Rates for such assignments are generally $48 to $58 per hour. 2. Trial preparation. We have regularly provided paralegals, as well as attorneys willing to function in this capacity, to assist lawyers in preparing for trials. Rates for paralegals are typically in the $25 to $38 per hour range and $40 to $50 per hour range for attorneys. 3. Substantive litigation. We have placed experienced and highly - qualified mid -level and senior litigators with law firms and companies. They have done research and writing, and even handled cases and arbitrations. They have been hired to fill in for people on maternity or other extended leave, or simply to assist with unusually heavy workload demands. Rates for such litigators usually range from $60 to $120 per hour depending on level of experience. 4. Corporate and real estate due diligence. Contract attorneys are frequently hired on a temporary basis to perform due diligence in connection with corporate transactions (sales and acquisitions of companies, for example) or multi- property real estate deals (mortgage reviews, lease abstracts, etc.) Our rates for such people range from $50 to $70 per hour. 5. Substantive corporate and rent estate transactional work. We have placed senior lawyers with prominent law firms and companies to assist with drafting and negotiating contracts and handling transactions in the areas of corporate, corporate finance and real estate. In some cases, particular expertise is required — for example, health care, insurance regulatory or conduit lending. Rates for such attorneys are typically between $60 and $125 per hour. 6. Foreign Language. We have placed paralegals and attorneys to review and /or summarize, in connection with litigation discovery or corporate due diligence, documents that are written in a foreign language. Recent examples include French, Spanish, Mandarin, Korean and Japanese, and we have candidates in our database with fluency in more than 25 languages. Rates for this type of work depends on language and availability and are typically $60 to $120 per hour. 251 -27 251 -28 SPECIAL LEGAL COUNSEL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of June, 2014, by and between Pyka, Lenhardt Schnaider & Zell, LLP., a California Professional Corporation ( "Attorneys "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ( "City"). RECITALS A. City desires to employ Attorneys to assist the City Attorney in the provision of legal services to the City, and B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the field of tort defense and desire to undertake said services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. RETENTION OF ATTORNEYS City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney in litigation services related to City matters and other legal issues when and as requested by the City Attorney to do so. Attorneys accept said retention and agree to perform, in timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter. 2. PAYMENT FOR SERVICES RENDERED A. FEES City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all of said services in regard to each such action, compensation at the rate of $175 an hour for attorney billing. B. REIMBURSEMENT FOR COSTS City agrees to reimburse Attorneys for out -of- pocket expenses, including but not limited to, mileage, expert witness fees, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. 3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto. 4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is 251 -29 terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 5. TERM The term of this Agreement shall commence on the date first written above and terminate two (2) years from said commencement date, unless terminated earlier pursuant to Section 13 below. The term of this Agreement may be extended upon a writing executed by both parties, including the City Manager and the City Attorney for the City. 6. INDEPENDENT CONTRACTORS It is mutually agreed by and between the parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City. 7. INSURANCE Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief arising out of Attorneys' negligent or wrongful performance or conduct of this Agreement. 8. CONFIDENTIALITY If Attorneys receive from the City information, which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Attorneys agree that it shall not use or disclose such information except in the performance of this Agreement, and further agree to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 2 251 -30 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 Courtesy Copy: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile (714) 647 -6515 To Attorneys: Pyka, Lenhardt, Schnaider & Zell, LLP 837 North Ross Street Santa Ana, California 92702 Facsimile: (714) 667 -7806 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 Attorneys, 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 Attorneys. 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 Attorneys or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 3 251 -31 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other Attorneys retained by City. 13. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date. Attorneys may terminate this agreement, subject to their obligation to provide reasonable notice to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in any litigation in which Attorneys may be involved. 14. DISCRIMINATION Attorneys 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. Attorneys affirm 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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 4 251 -32 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:Cxtr Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA David Cavazos City Manager PYKA, LENHARDT, SC14NAIDER & ZELL,LLP By: _ Name: Title: Tax ID No. 5 251 -33 251 -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: PURCHASE AGREEMENT WITH BYUNG TAEK MIN AND ANNA JAE MIN FOR BRISTOL STREET IMPROVEMENTS AND WIDENING (PROJECT NO. 116740 NONGENERALFUND) _ CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase agreement with Byung Taek Min and Anna Jae Min, husband and wife, as joint tenants of the property located at 1311 North Bristol Street, in the amount of $390,000 for the full purchase price of the real property and goodwill (if any), 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. Bristol Street is a major north -south transportation facility, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Widening of the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The Public Works Agency is acquiring property for development of Phase IIIB, bounded by Washington Avenue and Seventeenth Street, and expects to complete the acquisition process by December 2014. Construction is anticipated to begin by early 2015. To accommodate the improvements and widening for Phase IIIB, acquisition of the entire property located at 1311 North Bristol Street is recommended (Exhibit 1). An offer based on the appraised value prepared by a licensed appraiser in the State of California was made and accepted by the property owner. The compensation amount is $390,000 (Exhibit 2). 25J -1 Purchase Agreement with B. & A. Min for Bristol Street Improvements and Widening Project June 17, 2014 Page 2 of 2 ENVIRONMENTAL IMPACT In 1990 City Council approved the propo; Environmental Impact Statement/Environmental by the California Environmental Quality Act. FISCAL IMPACT ad improvements in the Bristol Street Final Impact Report (FEIS /EIR No. 89 -01), as required Funds are appropriated in the Select Street Construction Fund (Account 05917661 - 66220) and Measure M2 Street Construction Fund (Account 03217662- 66220). Edwin "William" Galvez, P.E. Interim Executive Director Public Works Agency EW G /KN Exhibits: 1. Location Map 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: _,4tQQeMr"rr A. Francisco Gutierrez Executive Director Finance & Management Services Agency 25J -2 4 (NTS) 405 - 252 -19 405- 252 -18 405- 252 -17 I1J 405- 272 -19 j405- 272 -18 (n 405- 272 -17 J O 405- 272-16 405 - 272 -15 405 - 272 -14 405- 272 -13 398- 383 -13 WASHINGTON AVENUE I i � I I i LEGEND - SUBJECT PROPERTY SANTA ANA PWA TfrLE' PURCHASE AGREEMENT WITH BYUNG TAEK MIN AND ANNA JAE MIN FOR BRISTOL STREET WDENNG (PROJECT NO 16740 NON GENERAL FUND) 25J -3 25J -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on ______ 2 013, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized ___ ___und__ er the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Byung Taek Min and Anna Jae Min, Husband and Wife as Joint Tenants (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property ") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 1311 N. Bristol Street, Santa Ana, CA) (APN: 405 - 272 -12) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Three Hundred Ninety Thousand AND NO /100 Dollars ($390,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 25J -5 4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2 First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within 90 days of the City's execution of this Agreement. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Three Hundred Ninety Thousand AND NO1100 Dollars ($390,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of said real property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said real property to City; (c) Delivery to City of the policy of title insurance as hereinabove provided; (d) Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be 25J -6 prorated as of the close of es w on the basis of a 30 -day month ,0 -day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Byung Taek Min and Anna Jae Min 9591 Garden Grove Blvd. Garden Grove, CA 92844 14. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 15. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and 25J -7 Safety Code, Division 20, Chap. 5.95 (Hazardous Materials Release i ,ponse Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seg. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sec. (42 U.S.C. S9601). 17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 18. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 19. Continaency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 23. Governinn Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25J -8 24. No Reliance By One Pa, On The Other. Each party has recei� . independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25J -9 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Byung Taek MiP and Anna Jae Min, Husband and Wife as Joint Tenants 44 � Date: v' S Byung Taek Min Date: Anna Jae Min City /Buyer City of Santa Ana Date: David Cavazos City Manager Attest: Date: Maria D. Huizar City Clerk Approved as to City Attorney /D — /-�— 2013 2013 2013 2013 Date: 6— 12- 201 25J -10 EXHIBIT "A" LEGAL DESRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 18 OF TRACT 863, NOBLE PARK TRACT NO. 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 26, PAGE 30 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN:405- 272 -12 25J -11 EXHIBIT "B" GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and /or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and /or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25J -12 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE CANCEL APPROVED AS TO APPROVED BY DESCRIPTION DESCRIPTION A. P. R/W MAP PROJECT TAXES FORM BY ATTY. DIRECTOR WRITTEN BY CHECKED -O.K. NUMBER Q -2R -12 NUMBER NUMBER X 1311 N. Bluml Stw, S.M Mu, CA PEED NUMBER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Byung Taek Min and Anna Jae Min, Husband and Wife as Joint Tenants Do Hereby Grant to THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, County of Orange, State of California, located at 1311 N. Bristol Street, described as follows: SEE EXHIBITS "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated /0 /3-'1, By: Byung Taek Min Dated By: Anna Jae Min �J 25J -13 25J -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AMENDMENT TO AGREEMENT WITH CLEAR CHANNEL OUTDOOR, INC., FOR BUS SHELTER AND BENCH SERVICES �l CITY MANAG 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 Authorize the extension of the bus shelter and bus bench services agreement with Clear Channel Outdoor, Inc., for a period of one year, expiring June 30, 2015, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The recommended action will provide for continued maintenance of City bus shelters and bus benches while staff evaluates the revenue potential of enhanced advertising options. The cost of maintaining and cleaning bus shelters and bus benches is significant; however, that cost is offset by bus shelter advertising revenue. Extending the agreement will allow staff sufficient time to research and establish a policy on digital advertising, and to proceed with a grant application to install up to 56 new bus shelters citywide. Since December 8, 2000, the City has had an exclusive agreement with Eller Media Company /Clear Channel Outdoor, Inc., (Clear Channel) to provide and maintain bus shelters and benches in the public right -of -way, at bus stop locations throughout Santa Ana. Bus shelters and benches provide bus commuters with shelter from the elements, locations visible to the public, a safer environment at night, and a place for the disabled and elderly to rest while waiting for the bus. In June 2013, Council approved a one -year extension of the Clear Channel agreement through June 30, 2014, to give staff the opportunity to solicit proposals for bus shelter /bus bench services from qualified service providers. Although the Request for Proposals process has been completed, staff is suspending award of the contract while the option of modern advertising, including the use of digital technology, is evaluated. Clear Channel has agreed to extend its agreement for an additional year, providing quarterly revenue of $37,500, for a total of $150,000, for exclusive rights to install, operate, and maintain bus shelters and bus benches in the City of Santa Ana. 25K -1 Amendment to Agreement with Clear Channel Outdoor, Inc., for Bus Shelter and Bench Services June 17, 2014 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The extension of this agreement is expected to generate 5150,000 in General Fund revenue (Account 01117002- 51004). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Gal , P.E. Francisco Gutierrez Interim Executive 15irector Executive Director Public Works Agency Finance & Management Services Agency ` EWGICK Exhibit: 1. Amendment to Agreement 25K -2 THIRD AMENDMENT TO AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into on June 17, 2014, by and between Clear Channel Outdoor, Inc., a Delaware corporation ( "Grantee ") 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- 2000 -179, dated December 8, 2000 (hereinafter "said Agreement') by which Grantee was awarded the exclusive right to install, operate and maintain bus shelters and bus benches in the City of Santa Ana. B. The parties executed a First Amendment to Agreement A- 2009 -044, dated May 4, 2009, to extend the term for an additional three year period. C. The parties executed a Second Amendment to Agreement A- 2013 -099, dated June 17, 2013, to extend the term for up to an additional twelve (12) months, through June 30, 2014. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Compensation and extend the term for an additional one year period, during which the City will request and review proposals for exclusive bus shelter and bus bench services. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: 1. Section 2, TERM, shall be amended to extend the term for one (1) year, through June 30, 2015, unless said Agreement is terminated earlier, pursuant to the provisions of said Agreement, or otherwise according to law. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "As consideration for the continued exclusive rights granted by said Agreement, Grantee agrees to pay to City a quarterly fee of $37,500, during the term commencing July 1, 2014." 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. I!/ 25K -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: goNTA -R. CARVALHO Ryan City RECOMMENDED FOR APPROVAL: EDWIN "WILLIAM" GALVEZ, P.E. Interim Executive Director Public Works Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CLEAR CHANNEL OUTDOOR, INC. (NAME) (Title) 25K -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AUTHORIZATION TO PURCHASE [] As Recommended HOLIDAY LIGHTING FOR INSTALLATION E] El O Or Amended Ordinance on 1" Reading IN DOWNTOWN SANTA ANA ON ❑ Ordinance on 2nd Reading FOURTH STREET El Implementing Resolution ❑ Set Public Hearing For I �/ CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to approve purchase agreements, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide holiday lighting fixtures and equipment from Dekra -Lite Decoration Innovation, in an amount not to exceed $24,324, DISCUSSION Over the last 5 years, the downtown holiday lighting and decorations had been managed by Downtown Inc. However, with the dissolution of the Downtown Community Management District, the terms of the resulting Downtown Inc. settlement agreement requires the City to provide the holiday decorations. Staff has developed a holiday lighting plan that fulfills this requirement and allows for expansion to additional street segments in future seasons. For the 2014 holiday season, lighting would be installed in the Downtown Santa Ana area of Fourth Street between Ross and French Streets. With approval of the recommended contract award, the City can leverage a nominal materials expense to support an additional 5 to 6 years of holiday seasonal lighting. Due to the varying specifications of light strands and layouts of industrial quality holiday street lights, staff established a standard of comparison for analysis. Staff requested pricing of holiday lighting for a typical street segment of 35 trees and 18 streetlight posts. The unit bid analysis is as follows: A Dekra -Lite Decoration Innovation: $12,466.86 B The Decor Plan: $15,911.40 C Advanced Decor: $15,909.75 Taking quality, options for expandability, and ease of installation and removal into consideration, staff recommends purchasing the holiday lighting and decorations from Dekra -Lite Decoration Innovation. Not only did this vendor provide the lowest bid, but they are also a well- known, local vendor that carries a wide selection of holiday lighting. 25L -1 Holiday Lighting for Downtown June 17, 2014 Page 2 The price estimate detailed below covers lighting and streetlight post wraps for the 2014 project area and includes sufficient replacements to ensure full lighting throughout the holiday period. Item Qty Unit Cost Subtotal strands (50 bulbs, 6" spacing) 650 $10.04 $6,526.00 Post lights (10 foot long wrap) 45 $344.55 $15,504.75 $22,030.75 Contingency (hardware, brackets, special tools, as needed) 100/0 $2,203.08 $24,233.83 Public Works staff will manage the installation of holiday lights using in -house staff. It is anticipated that this holiday lighting program will encourage participation by the merchants and the community as Downtown Santa Ana continues to grow as a shopping and gathering hub. Exhibit 1 shows the approximate locations where holiday light decoration will be installed. ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in General Fund Street Lights Account 01117630 - 62300. Ct` z, Edwin "William" Galv6z, P.E Interim Executive Director Public Works Agency EWG /SF APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency i Exhibit 1: Holiday Lights Location Map - Fourth Street, Ross to French 25L -2 m k z 25L -3 • w� 01 25L -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AGREEMENT WITH CESAR VARGAS AND ASSOCIATES FOR TRANSLATION SERVICES CITY MANAGE CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Cesar Vargas and Associates for a three -year period in the total amount not to exceed $90,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2005, the City has had an agreement with Cesar Vargas and Associates for interpretation and translation services at City Council meetings and other official meetings. The consultant has agreed to renew their agreement at the current rate for the next three years. The rate is very competitive and will allow for continuity. The agreement will also allow for a one -time expense of $11,400 to translate the Five -Year Strategic Plan into Spanish and Vietnamese; the translation of said document will be completed within two weeks. STRATEGIC PLAN Approval of this agreement allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT Funds are available in the Clerk of the Council Office fund (account no. 01107031 - 62300). vVV � Maria D. Huizar, Clerk of the Council Attachment: Agreement APPROVED AS TO FUNDS AND ACCOUNT: �; �l \Rt � s� P A� ,. Francisco Gutierrez ' Executive Director Finance & Mgmt. Services Agency 25M -1 25M -2 CITY OF SANTA ANA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 17th day of June, 2014 by and between the City of Santa Ana, a charter city and municipal corporation organized under the laws of the State of California with its principal place of business at 20 Civic Center Plaza, Santa Ana, California 92701 ( "City ") and Cesar Vargas and Associates with its principal place of business at 8502 E. Chapman Ave. #302, Orange, California 92869 ( "Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing translation services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for all departments as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor and customary work necessary to fully and adequately supply the professional translation services necessary. The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from June 17, 2014 to June 30, 2017, or until funds are exhausted or unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 25M -3 Cesar Vargas and Associates Page 2 of 16 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 [Intentionally left blank] 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are Cesar Vargas and any consultants on contract with his firm. 3.2.5 City's Representative. The City hereby designates Maria D. Huizar, Clerk of the Council, or her designee, to act as its representative for the performance of this Agreement ( "City's Representative "). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Cesar Vargas, or his designee, to act as its representative for the performance of this 25M -4 Cesar Vargas and Associates Page 3 of 16 Agreement ( "Consultant's Representative "). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his /her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub - consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( "Performance Time "). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibit "A" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ( "Performance Milestones "). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations: Employee /Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the 25M -5 Cesar Vargas and Associates Page 4 of 16 Services, including all Cal /OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility: Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. 3.2.10.2 [Intentionally left blank] 3.2.10.3 [Intentionally left blank] 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. (B) Liability for Non - compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant's non - compliance with the laws, regulations and policies described in this Section, unless such non - compliance 25M -6 Cesar Vargas and Associates Page 5 of 16 is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance 25M -7 Cesar Vargas and Associates Page 6 of 16 or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits. (C) Notices: Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Santa Ana, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment fumished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City's own primary insurance or self- insurance shall be called upon to protect it as a named insured. Any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any 25M -8 Cesar Vargas and Associates Page 7 of 16 way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(6), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers' Compensation and Employers' Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds: No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive 25M -9 Cesar Vargas and Associates Page 8 of 16 their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be 25M -10 Cesar Vargas and Associates Page 9 of 16 limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit B attached hereto and incorporated herein by reference. The total compensation shall not exceed $90,000. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work' means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Termination of Agreement. 25M -11 Cesar Vargas and Associates Page 10 of 16 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data: Licensing of Intellectual Propert v. This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be bome by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 25M -12 Cesar Vargas and Associates Page 11 of 16 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.5.5 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 25M -13 Cesar Vargas and Associates Page 12 of 16 3.6 General Provisions. 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: City: Cesar Vargas 8502 E. Chapman Ave. #302 Orange, California 92869 City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Maria D. Huizar, Clerk of the Council Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with legal counsel chosen by City, at Consultant's own cost, expense and risk, any and all claims, actions or other proceedings of every kind covered by Section 25M -14 Cesar Vargas and Associates Page 13 of 16 3.6.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as party of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents, or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorneys' fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. 3.6.3 Governing Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and /or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seg. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and /or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction: References; Captions. Since the Parties or their 25M -15 Cesar Vargas and Associates Page 14 of 16 agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 25M -16 Cesar Vargas and Associates Page 15 of 16 3.6.15 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] 25M -17 Cesar Vargas and Associates Page 16 of 16 CITY OF SANTA ANA CESAR VARGAS AND ASSOCIATES David Cavazos, City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Jose Sandoval Chief Assistant City Attorney Date: Name: 25M -18 Cesar Vargas Cesar Vargas & Associates EXHIBIT A SCOPE OF SERVICES 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 a. Consultant shall provide English - Spanish translation /interpretation of the City Council meeting on an ongoing basis, as requested by City and subject to the availability of Consultant(s). b. The City shall provide Consultant sufficient preparatory and background materials (such as meeting agendas and pertinent memos and reports) no later than 48 hours prior to an assignment so that Consultant may be familiarized and kept abreast of the possible items, terminology, concepts, and direction to be discussed, which may be broached during said assignment. As these assignments are meant to be public, live meetings, the City cannot guarantee that items not presented, implied or hinted to in these preparatory materials will not be brought up during said assignment. C. The City shall do its best to provide a working environment conducive to simultaneous interpretation, which includes, but is not limited to, interpretation equipment, sound booth with full visual access to Chambers or other meeting venue (as available), and other items that may be applicable, reasonable and feasible for each interpreting assignment. d. The City shall set up the interpretation equipment, video /audio feeds to the booth, hand out and retrieve interpretation receivers to members of the public, and provide other services incidental and necessary to the interpretation services provided by Consultant. e. Consultant shall translate the Five -Year Strategic Plan in Spanish and Vietnamese and complete project in a two week period. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. A -1 25M -19 Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. A -2 25M -20 EXHIBIT B COMPENSATION COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the hourly rate of $95.00, with a two -hour minimum, which includes up to thirty (30) minutes of preparation, familiarization and review time, as referenced in Section I b. The total compensation to be paid pursuant to this Agreement shall not exceed $90,000.00 during the term of this Agreement. Consultant will translate the Five -Year Strategic Plan in Spanish and Vietnamese in an amount not to exceed $11,400. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. D -1 25M -21 25M -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014-08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA COCINA RESTAURANT AT 1501 WEST MACARTHUR BOULEVARD, UNIT A - J AERI, APPLICANT _ J CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -08 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -08 as conditioned by vote of 7:0 to allow a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at the Bella Cocina restaurant located at 1501 West MacArthur Boulevard, Unit A in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION Bella Cocina is a full service, 2,400 - square foot sit -down eating establishment that holds approximately 66 seats within its dining room and 45 seats in the outdoor seating area. The patio area is enclosed with 36 -inch high glass screens that are in compliance with all applicable City and State Department of Alcoholic Beverage Control's standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 11:00 a.m. to 9:00 p.m., seven days per week. Full sized plans are available for public viewing in the Clerk of the Council Office. FISCAL IMPACT There is no fiscal impact associated with this action. 4AkA-u- Karen Haluza Interim Executive Director Planning & Building Agency RS:rb mRepormcupi4A8 servo Cocina Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-1 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2014 TITLE: PUBLIC HEARING — FILED BY JALIL HAERI FOR CONDITIONAL USE PERMIT NO. 2014-08 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR BELLA COCINA RESTAURANT AT 1501 WEST MACARTHUR BOULEVARD, UNIT A Prepared by Ricardo � Inte Executive ctor PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting PI nnin anager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -08 as conditioned. Request of Applicant Jalil Haeri, representing Bella Cocina restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at 1501 West MacArthur Boulevard, Unit A. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Bella Cocina is currently operating within an existing multi - tenant commercial center on MacArthur Boulevard, just west of Bristol Street. The existing commercial center is approximately 2.5 -acres in size and contains 23,050 square feet of building area, as remodeled and expanded in 2011. The site parking and drive aisle are integrated with the adjacent 1,800 square foot drive- through restaurant. The Gateway Plaza project site includes three buildings with 11 tenant spaces, occupied by a variety of retail, medical office and restaurant uses. The Bella Cocina beer and wine license is proposed at 1501 West MacArthur Boulevard, Unit A, within a 2,400 square foot tenant space. A total of 152 on- site parking spaces are provided for the mixture of commercial uses in the center. The site is surrounded by multiple - family residential to the north and west, and commercial uses to the south and east (Exhibits 1, 2 and 3). Prolect Description Bella Cocina is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale of beer and wine as part of the existing eating establishment's operations. The restaurant is a full - service, 2,400- square foot sit -down eating establishment that holds approximately EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -08 May 27, 2014 Page 2 66 seats within its dining room and 45 seats in the outdoor seating area. The proposed patio area is enclosed with 36 -inch high glass screens that are in compliance with all applicable City and State Department of Alcoholic Beverage Control's standards. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 11:00 a.m. to 9:00 p.m., seven days per week. The storage area for alcoholic beverages will be located on a display and within two coolers behind the service counter within the restaurant. The alcohol display and the two coolers total 40.4 square feet in size, which is 1.7 percent of the floor area of the restaurant. This percentage of alcohol storage area is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Protect Background Bella Cocina occupies an existing tenant space in a multi -unit commercial center that previously housed an eating establishment until early 2013. Because the space was previously used for an eating establishment that did not hold a conditional use permit to allow the on -site sale of alcoholic beverages, a CUP is required to permit the sale of alcohol at the site. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant. The project site is consistent with this General Plan land use designation. The parcel is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Protect Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31A-4 Conditional Use Permit No. 2014 -08 May 27, 2014 Page 3 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. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Additionally, conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the primary restaurant use. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of the small, neighborhood- serving shopping center in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize only 1.7 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 31A-5 Conditional Use Permit No. 2014 -08 May 27, 2014 Page 4 The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full - service restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding area. Further, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Bella Cocina restaurant is located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale of alcoholic beverages because there is a strong correlation between the availability of alcohol and crime. Studies have shown that alcohol is a contributing factor in crimes, such as drunk driving, fatal traffic collisions, homicide, assaults, rape, domestic violence, drunk in public and other nuisance type of offenses. The Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses. It has been determined that 1501 West MacArthur Boulevard is located in an area that has an average number of reported crimes when compared against all crime reporting districts and is considered average in police - related incidents based on standards established under Business and Professions Code Section 23958.4. This site is located within Reporting District No. 130. No sensitive uses were found in the immediate area that might be impacted by this action. As a result, the Police Department has evaluated the applicant's request and believes that the proposed ABC license will not adversely affect the surrounding community. Public Notification The project site is not located within the boundaries of any Neighborhood Association; however, the chairperson of the adjacent South Coast Neighborhood Association was contacted by staff to discuss the proposed project. The association president did not raise any issues during the telephone discussion. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site and to the South Coast neighborhood association president. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. 31A-6 Conditional Use Permit No. 2014 -8 May 27, 2014 Page 5 CEQA Comoliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing commercial building. Categorical Exemption Environmental Review No. 2014 -34 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -08 as conditioned. i Ricardo Soto Planning Technician RS:jm rs:Reponskup' 4 -08 Bello Cocina Type 41 ABC-PC Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Existing Conditions Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan 31A-7 Vemy Carvajal Senior Planner I- Li u C, �- PR - rR'w 9 RI RI RI w. 4 � 175 - O Cl C3 R1 RI RI RI 1 � 1 c PbPRp P1FPD 91 I � CI I 1 I Al H.J 1 A I uu I tJ L J UJ n.' 77 -- 0 RI-PPA R1 1111 R4 I RI pl fll L RY RL- ROD RI -TRD - CI PRD PRO O RI fll - Rl PRD C4 at Ml MI M1 Nl W R1 - - R7 RI R RI C4 EIL pppp//����-�•B� \ C1 SD -4 fRV�E/}I�11 �- Rl R' ` sa I R4 Ri 91 R2 -PRD _ i -- MK ARMLIR BLVD. 0 E R1-PRD I pq C2 r I II PI RI - ^R1 RI II C2 CR R4 B SD -48 CR (d48 Rl F] 7F Al GENEMLA WLNRAI GSM SOUTRMMNSTREETCOMMERCMLCRSTRICT M PLANTED DEVELOPMENT �B PARMNGMOgFKAMN F FLOORAREAMTIO PRO PLANNEDRESIDMITIALDEVEWWWT Cl COM NITYCOMMEKIAL GC GOVERNM CENTER RI MNGLE- FAMKYRMDFNCE CI -MD COMMUNTIY COMMERCIAL-MUSEUM DISTRICT Mr UGWINOUSTRML R2 T .FAMILY RESIDENCE C2 GENEMLCOMMMCIAL M] NEAWIMUSTMAL R3 MLUIMMMILY RESIDENCE C3 ah(TIR WSRVESS MO MIUTARYOPERA1 s M SUBURBAN APARTMENT C3A CENIMLMSMSS- ARTISTTVIUAM 0 OPEA SPACE RE PESIOENRALESIIUE CA PLANNEDST KNGCEWISI -02 OVERLAY ZONE SO SPECIFKOE WMENT CS ARTERW. COMMERCIAL P PROFESSIONAL SIP SPECIFIC PUN CR COMMMR AESIDEWIAL KD PIANNEDMO NITYDEVFLCOMENT CUP 2014 -8 BELLA COCI NA TYPE 41 ABC e�i^ 1501 WEST MACARTHUR BOULEVARD, UNIT A _ - =SOO FEET I" =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 VICINITY MAP EXHIBIT t 31A-8 M U L T I 0 C C M M E R C I A L F A M I L Y r R E S I D E N T I A L r xi a to IM 1-c O e MACARTHUR BOULEVARD MULTI W J FAMILY 0 C 0 M M E R C I A L RESIDENTIAL a CUP 2014 -8 BELLA COCINA TYPE 41 ABC;; 1501 WEST MACARTHUR BOULEVARD, UNIT A P L A N N I N G A N D 8 U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-9 CUP 2014 -08 BELLA COCINA TYPE 41 ABC 1501 WEST MACARTHUR BOULEVARD, UNIT A SITE PHOTO EXHIBIT 3 31A -10 Vmla a W." urns EXHIBIT 4 31A-1 1 L'L IyI Yi II II II II II yy Fm-1 EXHIBIT 5 31A-12 I rwlm 1% JI I iq yt� 5t of 1e L'L IyI Yi II II II II II yy Fm-1 EXHIBIT 5 31A-12 I rwlm 1% JI I iq ROH - 05/27/14 RESOLUTION NO. 2014 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -08 AS CONDITIONED TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1501 WEST MACARTHUR BOULEVARD, UNIT A BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2014 -08 to allow a Type 41 Alcoholic Beverage Control (ABC) license for the property located at 1501 West MacArthur Boulevard, Unit A. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On May 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -08. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -08 to allow for a Type 41 ABC license: 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 proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer and wine with their food throughout the establishment. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Conditions have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -16 Page 1 of 8 31A -13 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 license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the primary restaurant use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages allows the restaurant to remain economically viable and contributes to the overall success of the small, neighborhood - serving shopping center in which it is located, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code and the guidelines established by the Planning Commission for restaurants selling alcohol with their meal. The facility has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize only 1.7 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the SAMC. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the City's General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A full- service restaurant with an ancillary alcohol Resolution No. 2014 -16 Page 2 of 8 31A -14 license provides a dining service to the residents of Santa Ana, as well as visitors to the surrounding area. Further, restaurant and ancillary uses such as on- premise alcohol sales are permitted within the General Commercial (GC) land use designation. The proposed project is not located in a specific plan area in the City. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. The physical improvement to the building will create an enhancement to the existing center and promote commercial activity in the area. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The Bella Cocina restaurant is located in a commercial area and is compatible with the surrounding commercial businesses and nearby residential uses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. Categorical Exemption Environmental Review No. 2014 -34 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -08 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 27, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 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) Eric Alderete Chairman Resolution No. 2014 -16 Page 3 of 8 31A-15 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana Resolution No. 2014 -16 Page 4 of 8 31A -16 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014 -08 Conditional Use Permit No. 2014 -08 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. 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. Resolution No. 2014 -16 Page 5 of 8 31A -17 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment pen-nit pursuant to Santa Ana Municipal Code ( "SAMC) Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. Resolution No. 2014 -16 Page 6 of 8 31A -18 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and/or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Resolution No. 2014 -16 Page 7 of 8 31A -19 f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 26. Alcoholic beverages in containers of less than 16 oz. cannot be sold by single containers for off -site consumption, but must be sold in pre - packaged multi -unit quantities. Resolution No. 2014 -16 Page 8 of 8 31A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 117,20`14 TITLE: CONDITIONAL USE PERMIT NO. 2014-11 TO ALLOW AFTER HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014- 12 TO ALLOW INDOOR COMMERCIAL RECREATION AT ESPORTS ARENA LOCATED AT 120 WEST FIFTH STREET - TRAVIS HACKETT, APPLICANT C� CITY MANAGOR 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 Receive and file the staff report approving Conditional Use Permit No. 2014 -11 as conditioned and Conditional Use Permit No. 2014 -12 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -11 as conditioned to allow after -hours operation and Conditional Use Permit No. 2014 -12 as conditioned to allow indoor commercial recreation by a vote of 7:0 for the eSports Arena computer gaming and spectator facility located at 120 West Fifth Street in the Transit/ Downtown (SD84) zoning district. The Planning Commission modified Condition No. 2 for CUP No. 2014 -11 to include a closing time of 2:00 a.m. as indicated in the attached staff report (Exhibit A). DISCUSSION Travis Hackett, representing Jack Jakosky of Ramona Building LLC, is requesting approvals for eSports Arena, a large -scale computer gaming and spectator facility that proposes to occupy the ground and mezzanine levels of the Ramona Building. These levels will be configured with computer game terminals and spectator seating, while also containing a control desk/welcome area, storage space, restrooms, a retail area for computer accessories, a vending machine and concession area, and a large, raised stage area with computer gaming terminals. No expansion of square footage or modification to the exterior of the historic structure is proposed. The facility and the after -hours operations require approval of respective conditional use permits. Full sized plans are available for public viewing in the Clerk of the Council Office. 31 B -1 CUP Nos. 2014 -11 & 2014 -12 June 17, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Y-OA .w L4a=- � Karen Haluza Interim Executive Director Planning & Building Agency AP:rb apVepoft%taff Reports for CC\CUP14 -f 1 &12 eSPorta AMa.M Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING MAY 27, 2014 TITLE: MEETING DATE: PUBLIC HEARING — FILED BY TRAVIS HACKETT FOR CONDITIONAL USE PERMIT NO. 2014 -11 TO ALLOW AFTER HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014 -12 TO ALLOW INDOOR COMMERCIAL RECREATION AT ESPORTS ARENA LOCATED AT 120 WEST FIFTH STREET Prepared by All Pezeshkpour __ _ _ Interim Executive DiDi ct PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Plann ng Manager RECOMMENDED ACTIONS 1. Adopt a resolution approving Conditional Use Permit No. 2014 -11 as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2014 -12 as conditioned. Request of Applicant Travis Hackett, representing Jack Jakosky of Ramona Building LLC, is requesting approval of a conditional use permit (CUP) to allow the operation of a large -scale computer game and spectator facility known as eSports Arena at 120 West Fifth Street. In addition, the applicant is requesting approval of a separate CUP that would allow the facility to operate until 2:00 a.m. Establishments that provide indoor commercial recreation and that operate between 12:00 midnight and 7:00 a.m. require respective conditional use permits pursuant to the Transit Zoning Code (SD- 84 /Section 41 -2007) of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description The applicant is in the process of obtaining necessary permits for tenant improvements to operate the eSports Arena computer game and spectator facility within the historic Ramona Building, an existing multi - level, 35,000- square foot structure that contains a basement, ground floor, partial mezzanine, and second floor, located at the southeast comer of Sycamore Street and Fifth Street. These improvements will result in the tenant occupying just under 13,000 square feet distributed between the entirety of the ground floor of the building and the mezzanine level. The remaining levels of the building, including the basement and the top floor, are currently vacant and are proposed to accommodate other uses in the future. Parking is provided in an adjacent seven -story public parking structure, as well as in other structures, surface parking lots, and metered street parking throughout Downtown. The site is surrounded by the historic Masonic Temple Building (Church of Scientology of Orange County) to the north, a commercial parking structure to the east, the historic Rohrs Building (commercial uses) to the south, and a commercial parking lot to the west (Exhibits 1, 2 and 3). EXHIBIT A 31 B -3 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 2 The proposed use will occupy a significant portion of the Ramona Building, located in the Downtown National Register District. Constructed in 1922, the building is individually listed on the Santa Register of Historical Properties as "Key' due to its distinctive architectural style and quality and is characteristic of a significant period in the history of the City of Santa Ana and is a contributor on the National Register and California Register. Lastly, this property has a fagade easement with Ramona Limited Partnership and the Anaheim Historical Society that will preserve its historical character. No exterior fagade changes, other than signage, are proposed at this time. Project Description eSports Arena proposes to occupy the ground and mezzanine levels of the Ramona Building with a computer game and spectator facility. The total square footage of both levels is 12,663. The building has traditionally contained a mixture of commercial uses, including retail, office, and a banquet hall. These uses have vacated in conjunction with tenant improvements proposed within the building, the most significant of which will remove approximately 5,165 square feet of the mezzanine level, leaving 2,624 square feet of mezzanine level for computer game terminals and spectator seating during arena -style events. The ground floor, containing 10,039 square feet, will be configured in a similar fashion with computer game terminals and spectator seating, while also containing a control desk/welcome area, storage space, restrooms, a retail area for computer accessories, a vending machine and concession area, and a large, raised stage area with computer gaming terminals (Exhibits 4 and 5). The proposed computer gaming and spectator facility requires approval of a conditional use permit. The proposed operations of eSports Arena are divided into two operational styles: computer gaming (typical day) and spectator /arena (event day). Typical day operations will contain a mixture of gaming stations and seats, for a total capacity of 226. This operational style will allow patrons, who subscribe on a membership basis, to access computer game terminals to take part in a variety of computer games, playing for skill or competing individually or in groups against players across the globe. While this style will focus primarily on individual computer stations, a seating area on the ground floor near the front stage will allow patrons to observe others who are playing near the stage area. During event day configurations, 518 seats will be provided on the ground and mezzanine levels for spectator or arena -style viewing. Ten computer gaming stations will be provided on the ground floor stage. These events will allow patrons to view players competing against one another or against players from across the globe, similar to a traditional sports arena. Event day configurations are proposed 10 to 15 times per year. The facility proposes to operate from 12:00 noon to 12:00 midnight seven days per week during times when the facility is configured for computer gaming. The applicant will also utilize age restrictions to ensure that the facility remains in compliance with local curfew laws. These laws allow minors to access the site between 3:00 p.m. and 10:00 p.m. Monday through Friday of each 31 B -4 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 3 week as well as Saturday and Sunday before 10:00 p.m. Vacation days and school holidays are exempted from the curfew law's restrictions, as are minors accompanied by a parent or legal guardian. In addition to its normal operations, eSports Arena also proposes to operate until 2:00 a.m. during times when the interior of the facility will be configured for spectator or arena -style events. Per SAMC Section 41 -2007, any use operating past 12:00 midnight requires a separate conditional use permit. Anticipated occupancies for the use vary. The operator anticipates weekday occupancy of approximately 60 during the typical day computer gaming facility configuration. This number is expected to increase to 100 in the afternoons when the facility is configured for both computer gaming and spectator viewing, and 200 during such configurations on the weekends. During the 10 to 15 times per year when event day arena -style configurations are proposed, the operator anticipates providing seating capacity of over 500 while maintaining strict compliance with posted maximum occupancies and applicable building and fire codes (Exhibit 6). The applicant proposes a number of measures to ensure that eSports Arena remains secure and compliant with curfew laws and established occupancy limits. The facility will be staffed with employees during all times, including after operations cease, to safeguard the security of persons and property on the site. Additional staffing will be provided through a third -party security company during event day configurations. Computers will be controlled through eSports Arena's local area network (LAN), which will control the contents that are accessible on each computer gaming station and will monitor use. Content will be limited to computer gaming platforms, minimizing the risk that the machines will be used for access to websites beyond those approved for the purposes of computer gaming and competitions; access to Internet browsers and /or search engines will be limited. These measures are intended to prevent patrons from utilizing eSports Arena's services for more common internet cafe purposes. Finally, the premises will be monitored internally by a network administrator who will ensure that patrons remain in compliance with these measures. A closed- circuit camera system will provide additional security. Protect Background Skill -based computer games that utilize local networks or broader intemet access have grown in popularity in recent years as traditional computer game software producers transition away from traditional, individual games on home computers. Currently, competitors who play skill -based computer games do so from home through a home intemet connection or at smaller -scale cyber cafes that offer access to such games as well as the broader intemet, websites, and games. As the popularity of such games has grown, competition events have taken place within the confines of small cyber cafes, which are often not built or appropriately regulated to accommodate these uses. Larger competitions have often involved the renting of large convention centers, such as those in Los Angeles, Anaheim, or San Francisco, as well as across the United States and rest of the world. 31 B -5 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 4 Between these small -scale cyber cafes and the regional convention centers, the applicants have identified a niche market for a mid -size venue dedicated to computer gaming and spectator viewing. This market extends beyond a traditional cyber cafe, restricting broader access to the general contents of the internet and typical computer services for downloading, printing, etc. Further, this mid -size proposal eliminates the need for reserving superregional convention centers on a regular basis, competing with other trade shows, traditional sports, concerts, and conventions. The improvements proposed by the eSports Arena within the Ramona Building will dedicate the ground and mezzanine levels to high - technology and computer -based hardware, keeping the building flexible for a variety of configurations required for computer gaming. Since its completion in the early 1920s, the Ramona Building has contained a variety of uses. Early occupants included Remington Typewriters, Federal Finance, W. C. Natty Dry Goods, Shafer Music Company, and the Irvine Company. A fire damaged significant portions of the building in 1984, the same year it was listed in the National Register of Historic Places as a contributor to the Downtown Historic District. As part of its rehabilitation, an interior mezzanine level containing 7,865 square feet was added and retail and commercial uses subsequently located within. The next year, the Ramona Limited Partnership and the Anaheim Historical Society recorded an easement to preserve the historic fagade of the building, renowned as an example of Italian Renaissance Revival architecture characteristic of many commercial buildings in Downtown Santa Ana. The Ramona Building was recently purchased by Jack Jakosky of Ramona Building LLC, who has also acquired several other prominent buildings in the Downtown area. Recently - completed tenant improvements within the Ramona Building have resulted in the building's preparation for a variety of new tenants, including the eSports Arena and anticipated creative offices on the top level. The prior banquet use in the basement has also ceased operations and vacated; the property owner is exploring a variety of potential, separate uses for that level. Tenant improvements have been within compliance with all regulations meant to protect the historic elements of the Ramona Building and will not affect any character - defining features of the building, such as exterior finishes, the parapet, bay divisions articulated by piers and fenestration meant to resemble multiple storefronts, and ornamental features. General Plan and Zonina Consistency The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The Downtown District portion of the District Center serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. The project site and eSports Arena are consistent with this General Plan land use designation. RIUM CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 5 The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for retail and service uses such as indoor commercial recreation facilities, making eSports Arena's use consistent with the zoning designation. Project Analysis Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • 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 these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. After -Hours Operations (CUP No. 2014 -11) The proposed after -hours conditional use permit will allow the proposed eSports Arena to remain economically viable, to enhance the surrounding business community, and to attract patrons, thus enhancing the overall service and client experience. The proposed use's location in a predominantly commercial area surrounded by offices, retail stores, service uses, and restaurants minimizes the possibility of concerns that are typically associated with after -hours operations where there is potential for noise or safety impacts to residential uses. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 B -7 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 6 • The proposed after -hours operations will provide an ancillary service to adults wishing to patronize the facility past 12:00 midnight and will enhance the facility's economic viability by allowing it to offer services that compete with other similar facilities where patrons currently take part in similar events. After -hours operations are an integral component of the tenant's business model, allowing its patrons to compete against players in other time zones across the globe. Moreover, the proposed hours of operation are consistent with those of many entertainment and dining venues in Downtown, contributing to the overall vitality of Downtown Santa Ana. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain on- premise security staff, provide security technology, and comply with the City's curfew laws. Further, measures will be taken to limit amplified sound to within the building past midnight. • The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other establishments of a similar nature that have similar hours of operation and similar operational conditions. Further, the building's location along the Fifth Street commercial corridor mitigates several possible impacts from late -night operations as the site is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. Finally, the establishment will remain in compliance with the Citys curfew laws, and the operators will utilize age - verification means to ensure that minors are not present during times that conflict current laws. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this venue within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. By providing this service, the facility will also be able to attract patrons during event day /arena -style configurations, further enhancing its economic viability. The proposed use complements the existing mix of uses in the Downtown area, providing an additional opportunity for recreation in the City while allowing the patrons at the facility to support other businesses in the immediate vicinity, such as retail stores, service uses, and restaurants. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment that offers after -hours operations to members of the public pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to ensure the security of patrons and compliance with State and local laws for curfew, prevention of illegal gaming, noise abatement, and other potential impacts. RITWOO CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 7 • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of uses in Downtown with extended hours of operation offers additional commercial activity options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the proposed use. eSports Arena's tenancy will help ensure the long -term maintenance of the building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed conditional use permit for indoor commercial recreation that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed facility will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Indoor Commercial Recreation (CUP No. 2014 -12} The proposed indoor commercial recreation conditional use permit will allow the tenant, eSports Arena, to operate as a computer gaming facility with arena -style spectator events on occasion. The tenant intends to charge a membership fee for individuals and /or groups who wish to patronize the facility on a regular basis. Moreover, spectators will be charged a fee for admission during arena - style special events. Conditions of approval have been placed upon the use in order to mitigate potential concerns or impacts that arise from operating a computer gaming and spectator facility. The following findings support the recommendation of approval for the indoor commercial recreation conditional use permit. • The proposed indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. The computer gaming and spectator facility has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of downtown and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The eSports Arena facility will offer a range of services that includes computer gaming over a secure local area network, spectator /arena -style events, and a retail component. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. 31 B -9 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 8 • The proposed conditional use permit for a computer gaming and spectator facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical and event day configurations. The tenant, eSports Arena, will maintain the technology, procedures, and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the Ramona Building, located on one of Downtown's most important corridors, will enhance the safety of the immediate vicinity by reducing vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. • The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to operate, thereby reducing the vacancy rate in the Ramona Building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suites in which eSports Arena is proposed have undergone significant investment in order to modernize the building in preparation for a high - technology use such as eSports Arena. The conditional use permit will allow eSports Arena to operate, enhancing the economic viability of the Ramona Building, and contributes to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a computer gaming and spectator facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a computer gaming facility, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer computers for skill - based gaming for use to the general public. • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers computer gaming and an arena for special events offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to restore the building to its original nature. The tenancy of eSports Arena within the Ramona Building will help ensure 31 B -10 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 9 the long -term maintenance of the historic building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed computer gaming and spectator facility that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for a high - growth business cluster that could attract high - technology businesses and vendors to the project's vicinity, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed computer gaming and spectator facility will attract patrons who may continue to support other commercial services in Downtown Santa Ana's thriving retail, service, and restaurant areas. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to operate a computer gaming and spectator facility tenant within an existing structure. The Ramona Building's interior square footage is proposed for reduction by elimination of a portion of the interior mezzanine level. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2013 -100 will be filed for this project, 31 B -11 CUP Nos. 2014 -11 & 2014 -12 May 27, 2014 Page 10 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -11 and Conditional Use Permit No. 2014 -12 as conditioned. �� k - Ali Pezeshkpour Assistant Planner I AP:jm apkeportslStaff Reports for PCICUPI4 -11812 eSports Arena.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plans (5) Exhibit 6 — Operational Plan 31 B -12 SeANTEENIH A f CI t f CI Cl Cl p ss m �~ ecC A:. t ._.. il� CS CS SP3 ys N n n 3 - SP 3 SPA }. * n is w. wv wv SP � 0 RI R m FEEH u RI m n n N 0 is a A Tj R3 R3 0 N: '�' RI RI R1 Inp wP R7. s �I SP -3 SPJ n n ov �3 k e I RE RE vi r P R1 Sj SP.3 Ri RT R7 ei Rt P2 P R2 fl.1 SR3 I na« SD SPA R2 I¢ Rz P 75 R1 a N RY I SP.3 Sj SP.3 _ e n et P F SP3 P P P SP3 SPd SP -3 P SP -7 '� 1 9 0 �o so-n SD -20 P _.— OACmnOrR r •r • SPA _ m IY'• U u GC GC GC le N uRP � GC LYa GC ■ UC 07 E m m m UN2 y UN2 X ■ GC uc I DT 0T OT DT DT UN2 UN2 P ® ®� ✓I ,(F UN] Lr�yJ� DT P P P nu 5 P m os T UNl gR p DT OT DT DT UNl SD 13 SL2 ¢ j0' or - DT �� b e 50.1 � UC uc m uc Vc UC CDR 5L nn n r1 r�r1 RR r1 Al GENERALAGRIWLTURALi DT DOWNTOWN R2 MGFWURE51MNU A PARICIWMWFIC ION -F F=RA ARARO R3 MULTINFfAMILYRFSIDENCE CAM C ERGALSIXITIMAIN GC CAVEWaMENTcE R4 SUBURBANAFARTMEN CI COMMUNITYCOMMERGAL MI UGHTNWSTRIAL RE RESIDENTIAL ESTATE CI -MD COMM.COMMEAC. USEUMDSTRKT M2 RBAWNWSTRIA 50 SPECIFICDEVELWMENT C2 GEN LCOMMERGAL 0 OPEN SPACE SP SPEGRCPIAN C4 PLANNEDSHOPPINGCEHTER P PROFESSK I L TV TRANVTVRIA CS ARTERIAL CP MERCML m P NWRESID TIALOEVELOPMENT UC UPBAN CWER MR CORRIDOR RI SING FAfMLY RESIDENCE UFLI URBAN WIGHBORHOODI CR COMMERCIALRESILN"AL UN -2 URBAN NEIGN RF 2 CUP 2014 -11 & 12 ESPORTS ARENA " 120 WEST FIFTH STREET - -= 500FffT 1" a TODD 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 31 B -13 COURTHOUSE SANTA ANA' lul BOULEVARD PARKING GARAGE r4ro1yilu' GOVERNMENT 1016m } 3 O O co COMMERCIAL 5TH W W F N J Q U w J Q U w i- W W C ~ Ln o O v u W K 0 u } I COMMERCIAL I STREET CIAL 4TH STREET C M ERCIAL 0 IAL M E 1 Z i PARKING g ¢ ERCIAL GARAGE 0 3RD STREET n n nn F-T--1 CUP 2014 -11 & 12 ESPORTS ARENA t 120 WEST FIFTH STREET; 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 31B-14 CUP 2014 -11 & 12 RAMONA BUILDING ESPORTS ARENA 120 WEST FIFTH STREET SITE PHOTO EXHIBIT 3 31 B -15 N m z 0 m 6 Z Q V O N_ 2 i T �fp Y EB [Q i gv� ��Z"Q�s Lm s lomw ............ q i m g CL C EXHIBIT 4 31 B -16 ti V 6I 2 � <Ai Q Z 2 O J •• U ce Z z y E � F • N 3 0 r N w F �odo F. Lu o v HIM Q� P �fp Y EB [Q g CL C EXHIBIT 4 31 B -16 ti V 6I 2 � <Ai Q Z 2 O J •• U ce Z z y E � F • N 3 0 r N w F �odo F. Lu o v HIM Q� P x a pF $E�gC S I miS ll i fill 01111{ EXHIBIT 5 Page 1 of 5 31 B -17 Q z O LL J Q U Q Z Q Q Q y W 5 H V! S (L LL O N CC am m QO �t jA 1 L [e LL =E� _S h .0 Q z O LL J Q U Q Z Q Q Q y W 5 H V! S (L LL O N CC am m a E a � a c a Page 2 of 5 31 B -18 az 02 J Q Q tI JNy.I }U F � UF4 [b P KF siF .1; �—A Z O J Q U 4 Z Q Q F Z QCQ U W H N 2 tz iL 3 0 N r W H dF� u T CL H� d � _ eco N� Ym�e�o m nafto nano o a o E't F 0 0 0 (ei � F n I � Fe: I a Page 2 of 5 31 B -18 az 02 J Q Q tI JNy.I }U F � UF4 [b P KF siF .1; �—A Z O J Q U 4 Z Q Q F Z QCQ U W H N 2 tz iL 3 0 N r W H dF� u T CL H� d � _ eco N� Ym�e�o m E Page 3 of 5 31 B -19 00 ~ LL W ♦— ajUp K m :Sn �e Q z 0 J Q U Q Z Q ~Q Z Q h W p= F y S O N cn W F— W Q� CFm p L N gm C }V<C YDmO C) Q m �� a s �W Page 4 of 5 31 B -20 Q z oz z WW Wm irk! I I .E. Q Z OG 0 a U Q Z a a ari or w N y 3 0 N T W 8� Ohm dycai Y ,m yaF- m roil Em f s D n n fvi x 0 IRE Fk! Page 4 of 5 31 B -20 Q z oz z WW Wm irk! I I .E. Q Z OG 0 a U Q Z a a ari or w N y 3 0 N T W 8� Ohm dycai Y ,m yaF- m I { 11111 e f f f f f, f , f ® { Y y f p y ip[ 9tl KE iu p { r Ems{ J a M {t 1I E� e Page 5 of 5 31 B -21 $�9�5 n qq 8 HIS J W? J �I O 0 W cm z U W co 0 Z z W cn Z W O] n. W z 0 w cn RN 0 W Z W 2 W N Q m JSP : {a �i� 1q�q� @R r6 Q z Er 0 J Q U Q Z Q Q w N W W H W O _a Qy6 N�O yD {� poem b eSports Arena Preliminary Operational Plan Who are the customers for eSports Arena? eSports Arena has three main uses: • The primary use is of a public "arena" events center starting every weekday at 6PM and three weekends per month starting at noon. This use is open to the public and gaming stations will be available for use on a first come first serve basis. Individuals or groups will be able to rent out gaming stations for use on an hourly basis. An individual will be able to access and play games on our LAN (Local Area Network) against other individuals on the premises or against remote players via our high speed internet connection. We will offer groups of customers the opportunity to set up and engage in multi - player games between their friends on premises through the LAN or play as group against remote players via the internet connection. Anticipated occupancy: 100 people weekdays, 200 people weekends • From noon until 6PM on weekdays the arena will be used as a membership based gaming center. This use will provide the same gaming access as above, but require a membership to access the premises during these weekday hours. Memberships will be sold in a similar fashion to a gym membership providing unlimited access for a predetermined amount of time (week, month, year etc...). Anticipated occupancy: 60 people • The arena will be used on occasion as a venue for the rollout of a new game or a higher profile competition. This is anticipated 10 -15 times per year and is reflected in the "Event Day" seating layout provided with the floor plans. • The space will incorporate a retail area that sells computers, gaming consoles and related merchandise and a vending area for the sale of prepackaged food items such as water and snacks for customers. There will not be a kitchen area as no food will be prepared on site. Anticipated Attendance: Arena Use Weekends: 200 Weekdays: 100 Membership Gaming Center Weekdays: 60 EXHIBIT 6 Pagel of 3 31 B -22 Venue Use Occasional event specific use, occupancy will vary based on event and will honor the maximum occupancy criteria as determined by the City. Typical Week What are the staffing requirements? The arena will be staffed with at least 6 employees during all business hours. There will be a check in desk at the main entrance, an employee in the retail area, one floor employee managing customers, a LAN administrator, and two techs setting up equipment and troubleshooting any issues. Additional staff and security will be on hand during events or peak hours as necessary. What equipment is being used? The arena will provide access to gaming specific computers and gaming platforms such as PlayStation and Xbox as well as games for those platforms. What are the internal controls on computers? Every machine accessible to the public will be controlled through eSports Arena's LAN. This LAN will control what is accessible on each gaming station and monitor use. These computers are being set up as single purpose gaming platforms and there will be no access from the public computers to anything besides the gaming platforms, ensuring that the content being accesses is properly vetted, legal and in good taste. This access control ensures that no customers will have unfettered access to a web browser or other search engine and preclude this establishment from having any of the content issues that can arise in an "internet caf6" setting where people are purchasing access to an open computer. Additionally, the LAN administrator will have constant supervision of the establishment stations from the central server, removing the need for someone to walk around the arena constantly monitoring the screens. Page 2 of 31 B -23 Monday Tuesday Wednesday Thursday Friday Saturday Sunda Before Gaming Gaming Gaming Gaming Gaming 'Arena' `Arena' 6PM Center (60) Center (60) Center (60) Center (60) Center (60) (150) (150) After 'Arena'(100) 'Arena' (100) 'Arena' (100) 'Arena'(I00) 'Arena'(100) 'Arena' 'Arena' 6PM (200) (200) What are the staffing requirements? The arena will be staffed with at least 6 employees during all business hours. There will be a check in desk at the main entrance, an employee in the retail area, one floor employee managing customers, a LAN administrator, and two techs setting up equipment and troubleshooting any issues. Additional staff and security will be on hand during events or peak hours as necessary. What equipment is being used? The arena will provide access to gaming specific computers and gaming platforms such as PlayStation and Xbox as well as games for those platforms. What are the internal controls on computers? Every machine accessible to the public will be controlled through eSports Arena's LAN. This LAN will control what is accessible on each gaming station and monitor use. These computers are being set up as single purpose gaming platforms and there will be no access from the public computers to anything besides the gaming platforms, ensuring that the content being accesses is properly vetted, legal and in good taste. This access control ensures that no customers will have unfettered access to a web browser or other search engine and preclude this establishment from having any of the content issues that can arise in an "internet caf6" setting where people are purchasing access to an open computer. Additionally, the LAN administrator will have constant supervision of the establishment stations from the central server, removing the need for someone to walk around the arena constantly monitoring the screens. Page 2 of 31 B -23 What security measures will be in place? The premises will be monitored via a closed circuit camera system at all times and incorporate an alarm system to secure the arena after hours. During peak hours, or during an event, a third party security company will be hired to maintain a security presence. Where is Parking? A public parking structure is located immediately adjacent to eSports arena. As the parking is on the same side of the street, pedestrian safety is enhanced. Page 3 of 3 31 B -24 ROH - 05/27/14 RESOLUTION NO. 2014 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2014 -11 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION AND CONDITIONAL USE PERMIT NO. 2014-12 AS CONDITIONED TO ALLOW INDOOR COMMERCIAL RECREATION FOR THE PROPERTY LOCATED AT 120 WEST FIFTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of: Conditional Use Permit No. 2014 -11 to allow after -hours operations and Conditional Use Permit No. 2014 -12 to allow indoor commercial recreation for the property located at 120 West Fifth Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for: businesses operating between the hours of 12:00 a.m. and 7:00 a.m. and establishments that provide indoor commercial recreation. C. On May 27, 2014, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -11 and Conditional Use Permit No. 2014 -12. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -11 to allow for after hours operation: 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 proposed after -hours operations will provide an ancillary service to adults wishing to patronize the facility past 12:00 midnight and will enhance the facility's economic viability by allowing it to offer services that compete with other similar facilities where patrons currently take part in similar events. After -hours operations are an integral component of the tenant's business model, allowing its patrons to compete Resolution No. 2014 -17 Page 1 of 13 31 B -25 against players in other time zones across the globe. Moreover, the proposed hours of operation are consistent with those of many entertainment and dining venues in Downtown, contributing to the overall vitality of Downtown Santa Ana. Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain on- premise security staff, provide security technology, and comply with the City's curfew laws. Further, measures will be taken to limit amplified sound to within the building past midnight. 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 after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other establishments of a similar nature that have similar hours of operation and similar operational conditions. Further, the building's location along the Fifth Street commercial corridor mitigates several possible impacts from late -night operations as the site is located away from sensitive residential uses and is surrounded by other commercial uses and public facilities. Finally, the establishment will remain in compliance with the City's curfew laws, and the operators will utilize age - verification means to ensure that minors are not present during times that conflict current laws. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this venue within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and the Downtown area and affects the economic stability of the area in a positive manner. By providing this service, the facility will also be able to attract patrons during event day /arena -style configurations, further enhancing its economic viability. The proposed use complements the existing mix of uses in the Downtown area, providing an additional opportunity for recreation in the City while allowing Resolution No. 2014 -17 Page 2 of 13 31 B -26 the patrons at the facility to support other businesses in the immediate vicinity, such as retail stores, service uses, and restaurants. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an establishment that offers after -hours operations to members of the public pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to ensure the security of patrons and compliance with State and local laws for curfew, prevention of illegal gaming, noise abatement, and other potential impacts. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of uses in Downtown with extended hours of operation offers additional commercial activity options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the proposed use. eSports Arena's tenancy will help ensure the long -term maintenance of the building, which contains "Key' status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit and the proposed conditional use permit for indoor commercial recreation that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed facility will be located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Resolution No. 2014 -17 Page 3 of 13 31 B -27 E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -12 to allow for indoor commercial recreation: 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 proposed indoor commercial recreation venue will provide a service to the community by allowing an additional recreational use within the City and by adding a use to Downtown that will complement the existing commercial uses, such as retail and dining, within the vicinity. The computer gaming and spectator facility has the potential to draw clientele from local areas as well as from afar, enhancing the commercial base of downtown and enhancing the viability of other commercial uses in the area. Conditions of approval will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The eSports Arena facility will offer a range of services that includes computer gaming over a secure local area network, spectator /arena -style events, and a retail component. This unique use will contribute to the diversification of the range of goods and services available to the Downtown and Citywide patrons. 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 conditional use permit for a computer gaming and spectator facility at this location will not be detrimental to persons residing or working in the vicinity because conditions have been placed on the use that will mitigate any potential negative or adverse impacts created by the typical and event day configurations. The tenant, eSports Arena, will maintain the technology, procedures, and staffing required in order to ensure that the facility remains compliant with local and State laws. In addition, the use will occur within the interior of the premises, with no outdoor operations proposed at the location. Staff and security personnel will maintain the area's order, preventing impacts to adjacent sidewalks or streets from pedestrian activity or vehicular circulation. The tenancy of the Ramona Building, located on one of Downtown's most important corridors, will enhance the safety of the immediate vicinity by reducing Resolution No. 2014 -17 Page 4 of 13 31 B -28 vacancy at the site and bringing more activity to the area, thereby enhancing security in the surrounding area. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead allow the facility to operate, thereby reducing the vacancy rate in the Ramona Building and creating the possibility for patrons to support other local, complementing uses such as retail stores, service uses, or restaurants. The tenant suites in which eSports Arena is proposed have undergone significant investment in order to modernize the building in preparation for a high - technology use such as eSports Arena. The conditional use permit will allow eSports Arena to operate, enhancing the economic viability of the Ramona Building, and contributes to the overall success of Santa Ana's Downtown by reducing vacancies, promoting the success of a local business, and allowing the facility's patrons the ability to support other local businesses. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on a computer gaming and spectator facility pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be primarily maintained as a computer gaming facility, with technology and staff available to ensure that the use remain in compliance with the City's curfew laws and with the standards in place for venues that offer computers for skill - based gaming for use to the general public. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a venue that offers computer gaming and an arena for special events offers additional recreation options for Santa Ana residents and visitors. The granting of this conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial Resolution No. 2014 -17 Page 5 of 13 31 B -29 properties, and encourages increased levels of capital investment. The Ramona Building has undergone a significant amount of rehabilitation in anticipation of the project, with additional improvements intended to restore the building to its original nature. The tenancy of eSports Arena within the Ramona Building will help ensure the long -term maintenance of the historic building, which contains "Key" status on the local register of historic buildings. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed computer gaming and spectator facility that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and will be compatible with the surrounding commercial businesses. Finally, Goal 2 of the Economic Development Element supports maintaining and enhancing the diversity of the City's economic base. The proposed use supports Policy 2.1 of this Element, creating the potential for a high - growth business cluster that could attract high - technology businesses and vendors to the project's vicinity, and Policy 2.3, encouraging the development of mutually beneficial and supportive business clusters. The proposed computer gaming and spectator facility will attract patrons who may continue to support other commercial services in Downtown Santa Ana's thriving retail, service, and restaurant areas. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2013 -100 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -11 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein and Conditional Use Permit No. 2014 -12 as conditioned in Exhibit B attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated May 27, 2014 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2014 -17 Page 6 of 13 31 B -30 ADOPTED this 27th day of May. 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) 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, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana 31 B -31 Resolution No. 2014 -17 Page 7 of 13 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2014-11 Conditional Use Permit No. 2014 -11 for after -hours operations 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. The premises shall at all times be maintained as a computer gaming and spectator facility only. 2. After -hours operations until 2:00 a.m. are only permitted for event day, arena -style configurations only, subject to the provisions of Condition No. 3. (Added by the Planning Commission on May 27, 2014.) 3. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 4. Any and all existing or new lighting on the building's exterior must be maintained in working order. There shall be no amplified sound used outside the building. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 7. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; Resolution No. 2014 -17 Page 8 of 13 31 B -32 b. Saturday and Sunday after 10:00 p.m. C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. Resolution No. 2014 -17 Page 9 of 13 31 B -33 EXHIBIT B Conditions for Approval of Conditional Use Permit No. 2014 -12 Conditional Use Permit No. 2014 -12 for indoor commercial recreation as a computer gaming and spectator facility 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 np for 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 and Buildina Agency 1. The premises shall at all times be maintained as computer gaming and spectator facility. 2. The establishment shall submit an annual program /schedule to the Planning Division, Police Department, and Public Works Agency that contains details on proposed or scheduled events, including the type of event, relevant groups /organizations, dates, hours and duration, expected attendance, and any other pertinent information. If a new event arises that is not part of the submitted annual program /schedule, the establishment shall provide the agencies listed above with such information at least 30 days in advance. 3. The computer gaming and spectator facility shall comply with the City's noise ordinance at all times. 4. The sales, service, and consumption of alcoholic beverages shall be subject to the issuance of a separate conditional use permit. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on the subject property or any property adjacent to the premises. 5. Minors /those under eighteen (18) years of age shall not be permitted to enter or remain in the establishment during the following periods unless accompanied by a parent or legal guardian: a. Between 8:00 a.m. and 3:00 p.m., or after 10:00 p.m. on Monday through Friday of each week; b. Saturday and Sunday after 10:00 p.m. Resolution No. 2014 -17 Page 10 of 13 31 B -34 C. The above weekday daytime hours of restriction shall not apply to vacation days or school holidays as established by any public school district or private school, kindergarten through twelfth grade, operating within the city. d. Notice of these hours of restriction for minors shall be posted at all building entrances in lettering of at least two (2) inches in size. 6. The facility shall not operate between 12:00 midnight and 7:00 a.m. unless in conjunction with an approved after -hours conditional use permit and the conditions of approval therein. 7. "No loitering" signs shall be posted at the front and rear entrances of the business. In addition, a waiting area shall be provided for customers waiting to use a computer. No outside seating area is permitted. 8. Employees shall be at least twenty -one (21) years of age after 10:00 p.m. and shall be at least eighteen (18) years of age during all other times. 9. Occupancy shall not exceed that required under the uniform building code and uniform fire code, and the maximum occupancy load shall be posted at the main entrance. 10. The establishment shall maintain and operate a camera /video surveillance system with recording capability during all business hours. The system shall cover the entire interior of the premises and all entrances to and exits from the establishment. The camera /video surveillance system shall be capable of delineating on playback of the system the activity and physical features of persons or areas within the premises. a. Recordings shall be kept a minimum of seventy -two (72) hours. b. The business owner shall permit the city to inspect the recordings during business hours. The system shall be maintained in good working order, including the running of the tapes, disks, or other digital media. C. A sign shall be posted inside and at the entrance to the establishment indicating that the premises are under camera /video surveillance. d. The Police Department shall be granted access through an IP -based system to all surveillance systems. 11. The business operator, at his /her expense shall provide a California licensed uniform security guard on the premises Monday through Friday between 4:00 p.m. and closing, and Saturday through Sunday between 12:00 p.m. and closing, at a rate of one guard per one - hundred (100) patrons, with a minimum of one present, during all special events. Resolution No. 2014 -17 Page 11 of 13 31 B -35 a. The chief of police is authorized to require a specific owner /operator to provide a security guard(s) on the premises at other hours of the day in the event that there are significant calls for service relating to assaults, gang related activity, weapons offenses, disturbances, and juvenile related crime, including truancy, or other good cause. b. Any decision of the chief of police may be appealed to the city council. Any appeal shall be made within ten (10) calendar days following the date of the decision by the chief of police. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the written decision by the chief of police. If such tenth calendar day ends on a Saturday, Sunday or holiday, the 10 -day period shall end at 5:00 p.m. on the next regular business day. C. All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the chief of police. Furthermore, a copy of such appeal shall be filed with the planning department and the clerk of the council. Upon receipt of such appeal, the planning department shall set the matter for hearing by the city council. e. The city council may, after public hearing, affirm, reverse, change, or modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the clerk of the council, and the planning department; one (1) copy thereof shall be sent to the applicant. 12. During those times when patrons are restricted to 18 years of age or older, the applicant shall at all times utilize an age verification means or device to ensure compliance with the City's curfew laws. 13. Queuing lines outside the facility shall be managed in an orderly manner and all disruptive patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. 14. Outdoor queuing lines shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. If located on public property those barriers must be approved by the Public Works Agency. 15. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays or furniture near windows shall not exceed three feet in height. Resolution No. 2014 -17 Page 12 of 13 31 B -36 16. Interior lighting shall be maintained at a minimum of thirty (30) footcandles of light during typical day configurations when the facility is used as a computer gaming facility. 17. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music/noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 18. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. Any adult entertainment or access to pornography is prohibited. 19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the establishment. 20. Install a silent armed robbery alarm. 21. Any activities or tournaments that meet State definitions and that conflict with State laws on gambling, including "games of chance," are strictly prohibited. 22. There shall be no coin- operated games maintained on the premises at any time. 23. This conditional use permit serves to approve an indoor computer gaming and spectator facility only. Any change in type of indoor commercial recreation as defined by SAMC Sections 41 -142 and 41 -2080 is subject to approval of a new conditional use permit. B. Public Works Agency A new wheelchair ramp shall be constructed at the southeast comer of Fifth Street and Sycamore Street per Public Works Agency standards. Drop -offs and /or pickups are prohibited along Fifth Street. No double - parking is permitted at any time along any City streets. 3. A staff member or third -party security guard or traffic attendant shall be present at all times during high - volume periods of business or event day configurations to ensure that disruptions to vehicular, pedestrian, or cyclist circulation is minimized on streets and sidewalks within the project vicinity. Resolution No. 2014 -17 Page 13 of 13 31 B -37 31 B -38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONDITIONAL USE PERMIT NO. 2014 -14 TO ALLOW AN OVERNIGHT DELIVERY OPERATION FOR ONTRAC EXPRESS MESSENGER WITHIN THE LIGHT INDUSTRIAL (M -1) ZONE LOCATED AT 1951 EAST CARNEGIE AVENUE - MATT CEREGHINO, APPLICANT TY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -14 as conditioned. PLANNING COMMISSION ACTION On May 27, 2014, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -14 as conditioned by vote of 7:0 to allow a facility to receive, sort, transfer and ship packages by overnight delivery by OnTrac Express Messenger located at 1951 East Carnegie Avenue in the Light Industrial (M -1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). OnTrac Express Messenger is requesting approval of a conditional use permit to allow the overnight delivery operation, occupying the entire 97,677 square foot existing industrial building. Minor improvements to the building are proposed, including the installation of a conveyer system and interior tenant improvements. Full sized 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 Executive Director Planning & Building Agency SK:rb 5k:Rep0ft1CUP14 -14.W Exhibit: A. Planning Commission Staff Report 31 C -1 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 27, 2014 TITLE: PUBLIC HEARING — FILED BY MATT CEREGHINO FOR ONTRAC EXPRESS MESSENGER FOR CONDITIONAL USE PERMIT NO. 2014 -14 TO ALLOW AN OVERNIGHT DELIVERY OPERATION WITHIN THE LIGHT INDUSTRIAL (M•1) ZONE LOCATED AT 1951 EAST CARNEGIE AVENUE Prepared by Sergio Klotz Interim Executiv Direc' RECOMMENDED ACTION PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Iflanning K4Znager Adopt a resolution approving Conditional Use Permit No. 2014 -14 as conditioned. DISCUSSION Request of Applicant Matt Cereghino, representing OnTrac Express Messenger, is requesting approval of a conditional use permit for an overnight delivery operation within the Light Industrial (M -1) Zone at 1951 East Carnegie Avenue. Establishments that receive, sort, transfer and ship freight, such as an overnight delivery service, require a conditional use permit pursuant to Section 41 -472.5 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The applicant proposes to operate OnTrac Express Services, an overnight delivery operation on a 4.29 acre parcel of land. The proposed use will reuse a vacant 97,677 square foot industrial building. The site is located on the north side of Carnegie Avenue between Pullman Street and Redhill Avenue. The business will occupy the entire existing industrial building. A total of 131 parking spaces have been provided. The site is surrounded by industrial uses to the west, north, south and east (Exhibits 1, 2 and 3). Project Description OnTrac Express Messenger is requesting approval of a conditional use permit to allow the overnight delivery operation, occupying the entire 97,677 square foot existing industrial building. Minor improvements to the building are proposed, including the installation of a conveyer system and interior tenant improvements. EXHIBIT A 31 C -3 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 2 OnTrac will operate an overnight delivery operation which includes receiving, sorting and delivering of packages. The operation will also provide the general public the ability to pick up and drop off packages at the subject site. The facility is anticipated to operate in morning (3:00 a.m. to 7:00 a.m.) and afternoon /evening shifts (4:00 p.m. to 7:30 p.m.) during the week. The morning shift anticipates approximately 25 employees and the aftemoon /evening shift 10 employees. The peak operation occurs in the morning hours. During the operation, primarily cargo vans will arrive dropping off or picking up packages. The van operators are independent contracted service providers hired by OnTrac for the package delivery operation. The general public pick up and drop off will operate from 8:00 a.m. to 6:00 p.m., Monday through Friday (Exhibits 4, 5 and 6). Project Backaround The proposed OnTrac Express Messenger facility will provide delivery service from San Clemente to Fullerton. The location proposed in Santa Ana is a duplication of other existing facilities utilized in a similar function. Approximately 9,000 packages that are delivered by two 53 -foot long trailer trucks are anticipated to be processed daily. The deliveries are accomplished by 75 contracted service providers that utilize cargo vans. While the peak operation occurs during the morning hours, a small percentage of vans return in the afternoon. None of the cargo vans are kept on -site overnight. General Plan and Zoning Consistency The General Plan land use designation for the site is industrial (IND). The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include light and heavy product manufacturing and assembly. The proposed project, an overnight delivery facility, is consistent with this General Plan land use designation. The zoning designation for the site is Light Industrial (M1). The proposed use of the land is an operation that receives, sorts and delivers packages, all which are considered light industrial. Along with the primary light manufacturing operation, administrative office and service component will occur. The M1 zone allows limited office and services that are ancillary to the primary use. The proposed use is consistent with the M1 zone. Project Analysis OnTrac proposes to locate a regional distribution center within the M1 zone to assist in their network of overnight package delivery operation. The primary function of the facility is to receive, sort and ship packages to consumers and small businesses. 31 C -4 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 3 The Santa Ana Municipal Code (SAMC) requires a conditional use permit for freight, bus and truck terminals. Section 41 -60 of the SAMC defines such a terminal as a facility used to receive, sort, transfer and ship freight, such as packages by an overnight delivery service. OnTrads proposed facility meets this definition and a conditional use permit is required in the M1 zone. Due to the nature of the business, packages are delivered on a daily basis via large trailer trucks to the site. The packages are unloaded onto a conveyer system that sorts and organizes the packages for final destination. The sorted items are then placed onto cargo vans that arrive primarily in the morning hours. The cargo vans will enter the building and are then loaded. Once loaded, the vans will exit the building and travel to their final delivery destination. Packages are not stored overnight but rather delivered same day. With the exception of some trailer trucks, no other vehicles will be stored on -site or within the building. The proposed project is a light industrial use with a small office and service component consistent with the M1 zone provisions for ancillary services. The office space is well under the maximum 30 percent allowance and the service area allowing the public to drop or pick up items will be under the maximum five percent threshold. Conditional Use Permit requests are governed by Section 41 -638 of the SAMC. Conditional Use Permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility that 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. 31 C -5 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 4 In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed overnight delivery operation will provide a service to both individuals and other businesses that wish to send or receive packages. This will thereby benefit the community by providing an opportunity to quickly ship packages used in the normal course of business. Conditions have been placed on the facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed overnight delivery operation at this location will not be detrimental to persons working in the vicinity because conditions have been placed on the operation that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other light manufacturing uses. The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to send or receive packages to the local and regional consumer. Moreover, the overnight delivery use allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site and area. • As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on an overnight delivery facility pursuant to Chapter 41 of the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Allowance of an overnight delivery facility to ship and receive packages in a timely manner will assist the local Santa Ana business community and regional businesses. Further, the allowance of the facility contributes to the economic success of the City as a light manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the vacant industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. Public Notification The project site is not located within the boundaries of a neighborhood association, with the closest neighborhood over one mile from the site. The project site was posted with a notice advertising this public hearing, and a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants 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. 31 C -6 Conditional Use Permit No. 2014 -14 May 27, 2014 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. As all public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014 -15 will be filed for this project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -14 as conditioned. Z?A� Se lotz, AICP Principal Planner SK:jm skACUP14 -14.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photograph Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Mezzanine Plan 31 C -7 CUP 2014 -14 ONTRAC DELIVERY — y. 1951 EAST CARNEGIE AVENUE — _500 FEET 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 31 C -8 ��rycc'p LJ LJ Ml Q M1 L7 1 Lbl MI yAP b M7 I I i + / 4 CS M7 \ MI P' 3 MI ` t r yy P M1 / MI � P \ 9e�0 P P / f T Clty ouslin ry . / P A i 4`\ / .ry o % Qg Al CaOHALAD4GIL Li CR C054AH FESDBRLAL RI SNDEWLYR DDOK -0 p1 WMODFWON GC GQMff MMTCB4U R MOFAMILYROMa G-W DMAEROAL9]UIHMAIN Mt I INDUSRiAL W MULTPL O0 WMLVIRE cl COMMUN COMMDOAL MY HEW/INDMMR i#MILYFODe<E C -MO COKW CCMHA&OAUML� DSRCT MO MILRAR /OFBiATONS m SJB"NAFARIMBdiS CY ON6 OOWEFOAL 0 OF54 AGE R: fooem_MRIE 0 C&MTiL"9 P WGISSONL 9F0R D.B.CAAHQI G A C8MT34 OBNMAR M IAM RV FLAMED COMMMW DEvSJDFM%T TMAGRPN U RPNN &1CPRNG[@R&i RO RA FIBORJ LO OFMWT C5 AMRALCOMMEIOAL CUP 2014 -14 ONTRAC DELIVERY — y. 1951 EAST CARNEGIE AVENUE — _500 FEET 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 31 C -8 CUP 2014 -14 ONTRAC DELIVERY kN 1951 EAST CARNEGIE AVENUE P L A N N I N G A N D B U I L C I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -9 a Wt y a. a I E i r? 3!M 3MI3 •_.. . q . :... nil vaav aevsoesl .• ,•••• C /L. MNEGIE AVENUE �i Va s C Stl ev ° M a qb a GAS d_ � i� Ftl k`..pR aDn �p 3 CHI 4 w e�ncece 3 €c tl u K �Fa t @e !sE z 22 Chia �i w 4 Z i t I w O " .., 3lfrl 3;114 3rvtl4 3119 -..0- el k � iI i. i N4 t`f rt I4 ow.,. z a l 3!M 3MI3 •_.. . q . :... nil vaav aevsoesl .• ,•••• C /L. MNEGIE AVENUE �i Va s C Stl ev ° M a qb a GAS d_ � i� Ftl k`..pR aDn �p 3 CHI 4 w e�ncece 3 €c tl u K �Fa t @e !sE O z IF Ill li I Wmi if OF '1J I F I B LT-5 31ye-12 Cl ----- -- 0. xi I 31 C -13 oW Cl ----- -- 0. xi I 31 C -13 ROH - 05/27/14 RESOLUTION NO. 2014 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -14 AS CONDITIONED TO ALLOW AN OVERNIGHT DELIVERY OPERATION IN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT FOR THE PROPERTY LOCATED AT 1951 EAST CARNEGIE 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. The applicant is requesting approval of Conditional Use Permit No. 2014- 14 to allow an overnight delivery operation in the Light Industrial (M1) zoning district for the property located at 1951 East Carnegie Avenue. B. Conditional Use Permit No. 2014 -14 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 27, 2014. C. Santa Ana Municipal Code Section 41- 472.5(1) allows establishments that receive, sort, transfer and ship freight, such as an overnight delivery service, in the M1 zoning district, subject to the issuance of a conditional use permit. D. Santa Ana Municipal Code Section 41- 638(a)(1) authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. That the proposed use will provide a service or facility, which will contribute to the general well being of the neighborhood or the community. The proposed overnight delivery operation will provide a service to both individuals and other businesses that wish to send or receive packages. This will thereby benefit the community by providing an opportunity to quickly ship packages used in the normal course of business. Conditions have been placed on the facility which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2014 -18 Page 1 of 5 31C-14 2. That the proposed use will under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed overnight delivery operation at this location will not be detrimental to persons working in the vicinity because conditions have been placed on the operation that will mitigate any potential negative or adverse impacts created by the use. In addition, the use is located within the Light Industrial (M -1) Zone, consistent with other light manufacturing uses. 3. That the proposed use will adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow businesses and individuals to send or receive packages to the local and regional consumer. Moreover, the overnight delivery use allows the industrial base to remain economically viable and contributes to the overall success of Santa Ana, helping to decrease the number of vacant tenant spaces that may affect the economic viability of the site and area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. As conditioned, the proposed use will be in compliance with regulations and conditions that are imposed on an overnight delivery facility pursuant to Chapter 41 of the Santa Ana Municipal Code. 5. That the proposed use will adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Allowance of an overnight delivery facility to ship and receive packages in a timely manner will assist the local Santa Ana business community and regional businesses. Further, the allowance of the facility contributes to the economic success of the City as a light manufacturing destination. Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The re- tenanting of the vacant industrial building and tenant improvements further supports this policy. The project is also consistent with Policy 5.4 of the Land Use Element, supporting land uses which are Resolution No. 2014 -18 Page 2 of 5 31 C -15 consistent with the Land Use Plan of the Land Use Element. As proposed, the project is consistent with the Industrial (IND) land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15061(b)(3), which is a general rule exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project will have no significant effect on traffic, noise, air quality or water quality. Re- tenanting an existing industrial space with no building expansion would not result in any effect on the environment. As all public services and facilities are available at this location to allow the re -use of the industrial space and the project area is not environmentally sensitive, this exemption is warranted for this project. Categorical Exemption Environmental Review No. 2014- 15 will be filed for this project. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2014 -14, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an overnight delivery operation in the M1 zoning district for the property located at 1951 East Carnegie Avenue. 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 May 27, 2014, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 27th day of May, 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) Eric Alderete Chairperson Resolution No. 2014 -18 Page 3 of 5 31 C -16 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 27, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana 31 C -17 Resolution No. 2014 -18 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2014 -14 Conditional Use Permit No. 2014 -14 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 pen-nit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2014 -04. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. Prior to issuance of a Certificate of Occupancy, the existing property and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 5. Prior to issuance of the certificate of occupancy, construct a trash enclosure to city requirements as approved by the Planning and Building Agency. Resolution No. 2014 -18 Page 5 of 5 31 C -18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: URGENCY ORDINANCE AND FIRST READING OF ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 14 TO EXTEND OPERATING HOURS FOR SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an urgency ordinance and conduct first reading of an ordinance to extend the operating hours of safe and sane fireworks stands on the Fourth of July from 8:00 p.m. to 9:00 p.m. DISCUSSION In response to findings regarding accessibility to purchase illegal fireworks and the dangerous and significant fire hazards that illegal fireworks present to Santa Ana neighborhoods, staff has prepared both an urgency ordinance and an ordinance to amend Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code to extend the hours of operation of safe and sane fireworks stands from 8:00 p.m. to 9:00 p.m. on the Fourth of July of any year. By extending the hours of operation on the Fourth of July, the City will provide for a safer environment in that individuals will have access to purchase safe and sane fireworks and not illegal fireworks that may be available in their community. Santa Ana City Charter Section 415 provides the authority to adopt an urgency ordinance authority by a 2/3 vote, after making certain findings that the ordinance is necessary for the immediate preservation of the public peace, health, or safety. The urgency ordinance includes such findings if the Mayor and City Council is inclined to adopt them. The urgency ordinance will take effect immediately upon its adoption. The regular ordinance would take effect in the standard time frame, 30 days following adoption of the second reading of the ordinance. 50A -1 Safe and Sane Fireworks Stands June 17, 2014 Page 2 FISCAL IMPACT There are no fiscal impacts associated with adopting the amended ordinances. 50A -2 SRC (6/9/14) URGENCY ORDINANCE NO. NS- AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The sale of safe and sane fireworks in the City of Santa Ana contributes to a safer city in that people are not inclined to purchase illegal fireworks. B. On the Fourth of July some individuals do not seek to purchase fireworks until well after the sun has set and often this is past 8:00 p.m. in the summer months. C. By providing that safe and sane fireworks stands can remain open until 9:00 p.m. instead of 8:00 p.m. the City provides a safer environment in that individuals will have access to safe and sane fireworks and not illegal fireworks which are dangerous and present significant fire hazards. Section 2. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 3. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14 -55. Sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. 50A-3 Ordinance No. NS- on July 2nd and 3rd; and from 10:00 a.m. through 9:00 p.m. on July 4th of any year. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. Pursuant to Santa Ana City Charter Section 415, this Ordinance is designed to protect the health, safety and welfare of the citizens of the City of Santa Ana and becomes effective immediately upon adoption by a two - thirds (213) vote of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to eliminate the current and immediate threats as set forth above. Ordinance No. NS- 50A -4 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS - to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2014, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A -5 Ordinance No. NS- 41A SRC(6/8/14) ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 14 -55 OF ARTICLE II OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN OPERATING HOURS OF SAFE AND SANE FIREWORKS STANDS ON THE FOURTH OF JULY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance granting one additional hour of sales from 8:00pm until 9:00pm will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 2. Section 14 -55 of Article II of Chapter 14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 14 -55. Sale of safe and sane fireworks; hours of sale. No person shall display, sell, or engage in the business of selling safe and sane fireworks without first having obtained a permit to do so as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon through 10:00 p.m. on July 1st; from 10:00 a.m. through 10:00 p.m. on July 2nd and 3rd; and from 10:00 a.m. through 9:00 p.m. on July 4th of any year. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS- 50A-7 Page 1 of —2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No. NS- Page 2 of 2 Clerk of the Council City of Santa Ana y ll m • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: AMENDMENT TO RESOLUTION NUMBER 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY -PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY d CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager to continue to provide additional partially -paid temporary military leave of absence and dependent benefits for City employees called to active duty with the armed forces. DISCUSSION On October 1, 2001, the Santa Ana City Council adopted Resolution No. 2001 -065, providing for additional partially -paid temporary military leave of absence for full -time officers or employees of the City called to active military service with the Armed Forces of the United States in connection with the then - current military crisis, and for continuation of dependent benefits. That Resolution also provided that its terms would expire unless extended by further action of the City Council. The City Council has subsequently adopted resolutions extending the termination date of Resolution No. 2001 -065. By adopting the subject Resolution, the City Council will extend the termination date to June 30, 2015, and continue to assist City employees and their families with financial hardships resulting from active duty service in connection with the continuing current military commitment. 55A -1 Amendment to Resolution Number 2001 -065 June 17, 2014 Page 2 of 2 FISCAL IMPACT Funds are available in the various affected departmental salary and benefit accounts (61000 through 61180). Edward S. Raya Executive Director Personnel Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: .-k S, -,,r L`a o Francisco Gutierrez Executive Director Finance and Management Services Agency 55A -2 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 2001 -065 TO PROVIDE FOR CONTINUATION OF ADDITIONAL PARTIALLY - PAID TEMPORARY MILITARY LEAVE OF ABSENCE FOR CITY EMPLOYEES CALLED TO ACTIVE DUTY WITH THE ARMED FORCES AND CONTINUATION OF BENEFITS FOR THEIR DEPENDENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On October 1, 2001, the City Council of the City of Santa Ana adopted Resolution No. 2001 -065 which provided for an additional partially -paid temporary military leave of absence for each full -time officer or employee of the City who had been called to active military service with the Armed Forces of the United States in connection with the then ongoing military crisis. That Resolution has been extended since its initial adoption in 2001. B. The pay and benefits authorized by Resolution No. 2001 -065, as amended, will terminate unless extended by further action of the City Council or otherwise required by law. C. The City Council wishes to continue to help City employees and their families with financial hardships resulting from being called to active duty for more than thirty (30) continuous days in connection with continuing military commitments. Section 2: That Section 5 of Resolution No. 2001 -065, as amended, is further amended to read as follows: "Section 5. This Resolution, and the pay and benefits authorized herein, shall terminate and be of no further force or effect on midnight, June 30, 2015, unless extended by further action of the City Council or otherwise required by law." Section 3: That except as amended by this Resolution, all other provisions of Resolution No. 2001 -065, as amended, shall remain in full force and effect. Section 4: This Resolution shall be operative from and after July 1, 2014. 55A -3 ADOPTED this 17" day of June, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 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 June 17, 2014. Date: 55A -4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: FEDERAL WORKFORCE INVESTMENT ACT TITLE I SUB -GRANT AGREEMENT FOR PROGRAM YEAR 2014 -2015 CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: W:1 :1:14110:401 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the City Manager or designee to execute all necessary documents to receive funds for the Federal Workforce Investment Act sub -grant with the State of California Workforce Investment Division in the amount of $1,145,832. The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs for adults, dislocated workers and youth who meet specific criteria as outlined in the Act. The City of Santa Ana was designated as a LWIA and administrative entity on January 28, 2000, by the State Workforce Investment Board. Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. A new sub -grant agreement is required at the beginning of each program year in order to receive WIA funds as allocated by the State of California. Upon document execution and submission to the State Workforce Investment Division, the City's allocation is $1,145,832 in Youth Formula funds, $1,123,528 in Adult and $717,405 in Dislocated Worker funds for a total WIA PY 2014 -15 grant allocation of $2,986,765. No further action will be required by the City to receive these final allocations. FISCAL IMPACT Funds have been appropriated in the FY 2014 -2015 budget and are available in the Workforce Investment Act Fund (account no. 123 - various). 55B -1 W IA Title I Sub -grant for PY 2014 -15 June 17, 2014 Page 2 APPROVED AS TO FUNDS AND ACCOUNTS: Deborah Sanche2 0 Francisco Gutierrez Economic Development Specialist III Executive Director Community Development Agency Finance & Management Services Agency DS /kg Exhibit: 1. Resolution 2. Agreement 55B -2 EXHIBIT 1 LS: 6!2!14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE WORKFORCE INVESTMENT ACT SUB -GRANT WITH THE STATE OF CALIFORNIA, WORKFORCE INVESTMENT DIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Workforce Investment Act (WIA) of 1998 provides funds to Local Workforce Investment Areas (LWIA) to operate job- training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. On January 28, 2000, the City of Santa Ana was designated as a LWIA and an administrative entity by the State Workforce Investment Board. The City of Santa Ana has received WIA funds to operate job- training programs since July 1, 2000. C. A new sub -grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub - grant is the first step in the process enabling the City of Santa Ana to receive WIA funds as they are allocated by the State of California for fiscal year 2014- 2015. D. Submittal of the sub -grant agreement will enable the City to be eligible to receive $1,145,832.00 in WIA Youth Funds for program year 2014 -2015. The City will also be eligible to receive funding in the amount of $1,123,528.00 for the Adult Program and $717,405.00 for the Dislocated Worker Program through a unilateral modification by the State of California, with no further action required by the City to receive the final allocations. E. The sub -grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. 55B -3 Resolution No. 2014 -XXX Page 1 of 2 Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or his designee to execute all necessary documents related to the sub - grant with the State of California, Workforce Investment Division. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2014 to be the original resolution adopted by the City Council of the City of Santa Ana on , 2014. Date: Clerk of Council City of Santa Ana 55B -4 Resolution No. 2014 -XXX Page 2 of 2 WIA SU30RANT A3REBMENT SANTA ANA WORK CENTER ISuEORANTOR: State of California Employment Development Dept, Workforce Services Division i P.O. Box 826880, MIC 69 j Sacramento, CA 94280 -3001 EXHIBIT 2 REGISTRATION N0: ES94782 MODIFICATION NO: NEW SUBGRANTEE CODE: SAN SUSGRA.NTEE: SANTA ANA WORK CENTER 20 CIVIC CENTER PLAZA, M -31 SANTA APIA CA 92701 GOVERNMENTAL ENTITY: YES This 3abgrant Agreement is entered into by and between the State of California, Employment Development Department, hereinafter the Subgrantor, and the SANTA ANA WORK CENTER , hereinafter the Subgrantee. The Subgrantee agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved NIA Local Plan for the above named Subgrantor filed with the Subgrantor pursuant to the workforce Investment Act (NIA). This modificaton consists of this sheet and these of the following exhibits, which are attached hereto and by thin reference made a part hereof: Funding Detail Chart general Provisions and standards of Conduct Title I -Y IWIA TITLE I YOUTH FORMULA) Exhibit AA, pages 1 through 1 Exhibit BB, pagan 1 through 14 Exhibit DD, pages 1 through 1 ALLOCATION 191: PRIOR AMOUNT: $0.00 The Subgrantor agrees to reimburse the Subgrantee lxCRSASE /DBCREASE: 91,145,832.00 not to exceed the amount listed hereinafter - TOTAL' .: TOTAL: $1,145,832.00 TERMS OF AGRESMENI: - - -- -� — Tertna of Exhibits are ae From 06/01/2014 to 06/30/2016 designated on seen exhibit PURPOSE: To initiate the Program Year IPY) 2014 -15 WIA Subgrant and add VIA Youth formula funding under grant Code 301. The term of these funds are from 04 /01 /14 to 06130116. JOSS =a MARQUEZ CHIEF WORKFORCE SZRVICRS DIVISION I hereby certify that to my knowledge, the budget funds are available for the period and purpose of expenditures as stated herein: Name and Title 10295 of Chapter 2 of Part 2 of Division 2 of the Public Contract Code of the Scate of California and pursuant to 58 OPS Cal. Atty, Gen. 586, is exempt from review or approval of the Dept. of General Services and the Dept. of Finance: APPROVED AS TO FORM - &�' L (- . j- �Yt�c�Q Budge *_ it 9m: 71I3 Pond: 0869 Budgetary Attachment: YES LISA E. STORCK Craptnr n20 statutes: 2013 F'f: 13114 Assistant City Attorney 55B -5 WIA SMORkST, AGREEMENT FUNOINO DETAIL SHEET SUEORAA'TEE NAME: SANTA ARA FAR& CENTER I. ALLOCATION FUNDING SOURCE Exhibit AA Page 1 of 1 BCBORANT N0: K594181 MODIFICA ^ION NO: NEW INCREANR DECREASE ALLOCATION 96104 WIA TITLE I YOUTH FORKHA (301) $0.00 $1,145,032.00 $0.00 $1,145,832.00 : 04/01/2014 to 06/30/2016 Frog /Element 611 00 Ref 101 Fed Catlg 417259 TOTAL TMM I -Y 30.00 I $1,145,632.00 $0.00 $1,145,832.00 I GRAND TDTAL: $0. DD $1,145,832.00 $0.00 1 $1,145,832.00 I All referenreo are to the Workforce Investment Act of 1938, Title I, unLeae otherwise noted. ?or waif Lcationa purposes only. A-1 otier terms and conditions of this exhibit not included herein remain unchanged. 55B -6 WIA SUSCEANT AGREEMENT Subgrantee: SANTA ADa WCRA CENTER Exhibit BB Page 1 of 14 SURGRAA- NC+ X594792 MODTPTCATICR NC: NEW 1. Compliance In performance of this subgrant agreement, Subgrantee will fully comply with: a) . The provisions of the Workforce Investment Net (WIA] and al. regulations, legislation, directives, policies, procedures and amendments issued pursuant thereto. b) . All State Legislation and regulations to the extent permitted by federal law and all policies, directives and /or procedures, which implement the WIA. C) . The provisions of Public Law 107 -259, lobs for Veterans Act, as the law applies to Department of tabor [ML) job training programs d). Subgrantee will ensure diligence in managing programs under this subgrant agreement, including Performing appropriate monitoring activities and taking prompt corrective action against known violations of the WIA. gubgrantee agrees to conform to the provisions of the WIA and the contract requirements as referenced in 29 CPA Part 95, Appendix A and 29 CPR, Part 97.36(1)11 -13). This subgrant agreement contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. This subgrant agreement is not intended to and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the Subgrantor and the Subgrantee. Subgrantea represents and warrants it to free to enter into and fully perform this subgrant agreement. a. Certltication /Assurances Except as otherwise indicated, the following certifications apply io all Subgrantea'e. a). Corporate Registration. The Subgrantee, if it is a corporation, certifies it iR registered with the Secretary of State of the State of California. b) . The Subgrantee agrees to comply with the Americans with Disabilities Act (ADA) of 5990, which, prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA, (42 U.S.C.1210- at Reg. c) . Sectarian Activities: The Subgrantee certifies that this subgrant agreement does not provide fox the advancement or aid to any religious sect, church or .creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious trend, church, or sectarian denomination whatsoever, as specified by Article lM, Section 5, of the Constitution, regarding separation of church and state. d). National Labor Relations Board: The Subgrantee ;if not a public entity), by signing this eubgrant agreement, does swear under penalty of penury, that an more than one final unappeasable finding of contempt of court by a federal court has been issued against the Subgrantee within the immediately preceding tom -year period because of 9ubgrantee'e failure to comply with an order of a federal court, which orders the Subgrantee to comply with an order of the Rational Labor Relations Board (PCC10296). e). Prior Findings: Subgrantee, by signing this subgrant agreement, does swear under penalty of perjury, that it has not failed to satisfy any major condition in a current or previous subgrant agreement with the DDL or the State of California And has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. f). Drug -Free Workplace Certification: 9y signing this eidigrant agreement the 3ubgrantee hereby cert`_fles under penalty of perjury under the Laws of the State of California that the Subgrantee will comply with the requirements of the Drug -Free workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: (1). Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or vas of a controlled substance is prohibited and speci`ying actions to be taken against employees for violations. 121. 'Establish a Dreg -Free Awareness Program as required to ictorm employees about - the dangers of drug abuse in the workplace; the person's or organization's policy of maintaining a drug -tree workplace; any available counseling, rehabilitation and employee assistance programs; and, penalties that may be imposed upon employees for drug abuse violations. ;I). Every employee who works on this aubgrant agreement will: receive a copy of the company's drug -free policy statement; and, agree to abide by the terms of the company's statement as a condition of employment on t`.e subgrant /contract. g1. Child Support Compliance Ac %: In accordance with the Child Support Compliance Act, the 55B -7 WIA SUBGRAYT AGR^eRMRNT Subgrantee: SANTA ANA WORK CEN R Exhibit BB Page 2 of 14 BUS GRANT NO: X594782 MODIFICATION NO: NEW Subgrantee recognizes and acknowledges: (1) . The importance of child and family Support obligations and shall fully comply with applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 9 (commencing with Section 52CG1 of Par= 5 of Division 9 of the Family Code; and that to the best of its knowledge is fully complying vita the earnings assignment orders of all employees and is providing the names of all new employees eo the New Employee Registry maintained by the California Employment Development Department (EDD) . h) . Debarment and Suspension Certification: By signing this Subgrant agreement, the Subgrantee hereby certifies under penalty of perjury under the laws of the State of California that the Subgrantee will comply with regulations implementing Executive order 12549, Debarment and Sunpeneien, 29 CFR Par' 98.510, that the prospective participant (L. e., grantee), to the beat of its knowledge and belief, that it and its principals: 0.1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or wluntarily excluded from covered transactions by any federal department or agency. l2). Mave not within a three -year period preceding this subgrant agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in nonneccion with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. (3). Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in Section 2 of this certification. (4). Have not within a three year period orecading this subgrant agreement had one or more public transactions (federal, state or local) terminated for cause of default. where the Subgrantee is unable to certify to any of the statements in this certification, such prospective participant stall attach an explanation to this agreement. I). Lobbying Restr LCclore: By signing this subgrant agreement the Subgrantee hereby assures and certifies to the lobbying restrictions which are codified in the DCL regulations at 29 CFR Part 93. (1). No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant loan, or cooperative agreement, and the extension, continuation. renewed, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) . If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this subgrant agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying" in accordance with its instructions. (3). The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OW at all tiers (including subgrant agreements, contracts and Subcontracts, under grants, loan, or cooperative agreements) , and that all subrecipienrs shall certify and disclose accordingly. (4). This certification is A material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lebbytng Certification in a prerequisite for making or entering into this tranaa0tion imposed by Section 1152, Title 31, and U.S. code. Any person who fails to file the required certification ehail be subject to a civil penalty of not less than. $10,000 and not more than $100,000 for each failure. j(. Priority Hiring Considerationa: If this subgrant includes ssrvicas in exteas of $200,000, the Subgrantee shall give priority consideration in filling vacancies in positions funded by the subgrant to qualified recipients of aid under Welfare and Institutions Section Code 11200 in accordance with Puolic Contract Cade 13353. kl. sweatEree Code of Conduct: All Subgrantees ror-trscging For the procurement or laundering of apparel, garments or corresponding accessories, or the proo..renent of equipment, materials, or supplies, other 55B -8 WIA SUBGRAVT AGREEMENT Subgrantee: SANTA ANA WORE CENTER Exhibit BE Page 3 of 14 SUBOMW NO: X594922 MODIFICATION NO: NEW than procurement related to a public works contract, declare under penalty of perjury chat no apparel, garments or corresponding accessories, equipment, or supplies furnished to the state pursuant to the contract have been laundered or produced In whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal aanctlon, abusive forme of child labor or exploitation of children in sweatshop labor. The Subgrantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations wabsite located at www.dir.ca.gov, and Public Contract Code Section 6108. 2). The Subgrantee agrees to cooperate fully in providing reasonable access to the aubgreatecs' records, documents, agents or employees, or premises if reasonably required by authorised officials of the Subgrantor, the Department of Industrial Relations, or the Department of Justice to determine the subgrantees' compliance with the requirements under paragraph a of the Sweatfree COde 01 Conduct. 1;. Unenforceable provision: In the event that any provision of this subgrant agreement is unenforceable or held to be unenforceable, than the parties agree that all other provisions of this subgrant agreement have force and effect and shall not be affected hereby. m). Nondiscrimination Clause 1) . The conduct of the parties to this subgrant agreement will be in accordance with Title VI of the Civil Rights Act of 1964, and the Rules and Regulations promulgated there under and the provisions of WIA, Section 188. (a). As a condition to the award of financial assistance from the Department of tabor under Title I of WIA, the grant applicant assures that it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws: Section 1a2 of the workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, .clot, religion, sex, national origin, age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship /statue as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I - financially assisted program or activity; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, wlxich prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discr_mination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The grant applicant also assures that it will comply with 29 CPR part 37 and all other regulations Implementing the laws listed above. This assurance applies to the grant applicant's operation of the WTA Title 1-financially assisted program or activity, and to al'_ agreement$ that grant applicant makes to carry out the WIA Title I- financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this asaurance. fol. This Snbgrantee shall include the nondiscrimination and compliance provisions of this clause in all euhmntracte to perform work under the subgrant agreement. (cl. This subgrantes agrees to conform to nondiscrimination provisions of the WIA and other federal nondiscrimination requirements referenced ir. 29 CFR, Part 37. n). Indemnification: Tae following provision applies only if the Subgrantee is a governmental entity Parsualt to the provision of Section 295.4 0' the California Government Code, each party agrees to indemnify and hold the other party harmless from all liability for damage to persons or property arising our of or resulting from acts or omissions of the indemityiog party. 2) . 1•he following provision spplies only if the Subgrantee is a non - governmental entity: The Subgrantee agrees to the extent permitted by Law, to indemnify, defend and save harmless the Subgrantor, its officers, agents and employees from any and all china and 55B -9 VIA SUBORANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 4 of 14 SOBORANT NO: X594082 MODIFICATION NO: WSW losses accruing or resulting to any and all contractors, subcontractor,, materials persons, laborers and any other persons, firms or corporations, furnishing or supplying work, services, materials, or supp lies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any persons, time or corporations which may be injured or damaged by the Subgrantea in the performance of this subgrant agreement. Failure to comply with all requirements of the certifications in Section 2 may result in suspension of payment under this subgrant agreement or termination of this subgrant agreement or both, and the Subgrantee may be ineligible for award of future state subgrant agreanenta /contracts it the department determines that any of the following has occurred: (1) false information on the certifications, or (2) violation, of the terms of the certifications by failing to carry out the requirements as rated above. c). Salary and Bonus Limitations: In compliance with Public taw 109 -234, none of the funds appropriated in public Law 109 -149 or prior Acts under the heading "Employment and Training- that are available for expenditure on or after June 15, 2006, shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive Level II, except as provided for under section 101 of public Law 109 -149. Tbla limitation shall rat apply to vendors providing goods and services as defined in o Circular A -133, Where States are recipients of such funs, States may establish a lower limit for salaries an bonusea of those receiving salaries end bonuses from subrecipiante of such funds, taking into eecount factors including the relative cost -of- living in the States, the compensation level, for programs involved Including Employment and Training Administration programs. Sea Training an Employment Ouida,ice Letter, number 5 -06 for further clarification. The incurrence of costs and receiving reimbursement for these coats under this award certifies that your organization has read the above special condition and is in compliance. p). Clean Air an Water Act: For subgrants in excess of 6100,000, compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1559 (h)l; Section 568 Of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CM 15, revised as of July 1, 1989). 3. Standard$ of Conduct The following standards apply to all Subgraanees. a). General Assurance: Every reasonable course of action will be taken by the Subgrantee, in order to maintain the integrity of this expenditure of public funs an to avoid favoritism and questionable or improper conduct. 'Phis subgrant agreement will be administered in an impartial manner, free from efforts to gain personal, financial or political gain. Subgrantee agrees to conform to the nondiscrimination requirements me, ra!srenced in NIA, Section is$. b). Avoidance of Conflict of Economic interest• An executive or employee of the Subgrantea, an elected official in the area or a member of the Local Hoard, will not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Subgrantee or Subgranter- Supplies, materials, equipment or services purchased with subgrant agreement funs will be used solely for purposes allowed under this subgrant agreement. No member of the local Board will cast a vote or. the provision of services by that member (or any organisation, which that member represents) or vote on any matter which would provide direct financial benefit to that member (or immediate family of the member} or any business or organization which the member directly represents. 4. Coordination. Subgrantee wtll, to the maxima- extent feasible, coordinate all programs and activities supported under this part with other programs coder the 9-A, including the Wagner- Payser Act, Title 39 of the United States Code, and other employment and training proginme at the state and local level. Eubgrantee will consult with the appropriate labor organizations an /or employer representatives in the design, operation or modification of the programs under this subgrant agreement. 5. 9ubcoctraeting ai. Any of the work or services specified in tnia eubgrant agreement whica will be performed by other than by the S'.'bgrantee will be evidenced by a written agreement specifying the terms and conditions of such performance. b;. The Subgrantee will maintain and adhere to a,1 appropriate system, consistent wish federal, 55B -10 WTA SUBORANT AORRRMENT gungraatee: SANTA ANA WORK CENTER W..ibit 83 Page 5 of 14 SUmORANT NO: K594782 MODIFICATION NO; NEW state and local law, for the award and monitoring of contracts which contain acceptable standards for insuring accountability. c) . The System for awarding contracts will coat%= safeguards to insure that the Subgrancee does not contract with any entity who" oftacers have been convicted of fraud or misappropriation of funds within the last two years. 6. Insurance Except for city and county governmental entities, Subgranteea oust provide the Subgrantor evidence of the coverage specified in A, b, c and d below. The evidence of coverage shall include the registration number of the subgrant agreement for identification purposes. a). Subgrantee will obtain a fidelity bond in an amount of nut lama than , prior to the receipt of funds under this subgrant agreement. If the bond is canceled or reduced, Subgrantee will immediately so notify the Subgrantor. In the event the bond is canceled or revised, the Subgrantor will make no further disbursements until it is assured that adequate coverage has been obtained. b) . Subgrantee will provide general liability insurance with a combined limit of $1,000,000 or public liability and property damage coverage with a combined limit of not leas that $1,000,030. c) . Subgrantee will provide broad form automobile liability coverage with limits as net forth in (bV above, which applies to both owned / leased and non -owned automobiles used by the Subgrantee or its agents in performance of this subgrant agreement, or, in the event that the Subgrantee will not utilise owned /leased automobiles but intends to require employees, trainees or other agents to utilize their own automobilea in performance of this subgrant agreement, Subgrantee will secure and maintain on file from all such employee., trainees or agents s self- certification of automobile insurance coverage. d) . Subgrantee will provide wnker's Compensation insurance, which complies with provisions of the California Labor Code, covering all employees of the Subgxmntes and all participants enrolled in work experience programs. Medical and Accident Insurance will be carried for those participants not qualifying as 'employeev (Section 3350, at seq. of the California Labor Code) for Worker's Compensation. ei. The Subgrantor will be tweed as -Certificate Holder- of policies secured in compliance with Paragraphs a -d above and will be provided certificates of insurance or insurance company •benders• prior to any disbursement of funds under this subgrant agreement, verifying the insurance requirements have been complied with. The coverage noted in b and c above must contain the following clauses: (1). Insurance coverage will not be canceled or changed unless 30 days prior to the effective data of cancollation or change written notice is sent by the Subgrantee to: employment Development Department WIA - rinancial Management Unit P.O. Box 836880, MIC 69 Sacramento, CA 94280 -0001 (2) . State of California, its officers, agents, employees and Servants are included as additional insured, hat only insofar as the operations under this subgrant agreement are concerned. (3) . The State of California is not responsible for payment of premiums or assessments on this policy 7. Resolution A county, city, district or other local public body mast provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of this subgrant agreement. Preferably resolution. should authorize a designated position rather than a named individual. B. purding it is mutually understood between the parties these this subgract agreement may have bean wxitter before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order mo avoid program and fiscal delays which would occur if the subgrant agreement was executed after that determination was made. This eabgiant agreement io valid and enforceable only if (1) sufficient funds are made svailab -e by the State Budget Act of the appropriate state fiacnl years Covered by this subgrant agreement for the purposes of this crogran and; (21 sufficient funds available to the state by the United States Government fur the fiscal years covered by this aubgrant agreement for the purposes of this program. In addition, this subgrant agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statue enacted by the 55B -11 'AIA S18GRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit 82 Page 6 of 14 SUSGRANT NO: M 9478 MODIFICATION NO: NEW Congress and Legislature which may affect the provisions, terms, or funding of this aubgrant agreement in any manner. A). At the expiration of the terms of this aubgrant agreement or upon termination prior to the expiration of this subgrant agreement, funds not obllgatad for the purpose of this aubgrant agreement will be i,madlately remitted to the Subgrantor, and no longer available to the Subgrantee. b). The Subgrantor retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, providing the Subgrantee is given prompt notice and the opportunity for an informal review of the SubgrantoV a decision. The Chief Deputy Director or his designee will perform this informal review and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on the part of the Subgrantee or a Subcontractor of the Subgrantee to comply with the provisions of this aubgrant agreement, or with the WIA or regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds. c) . The local Chief Slotted official (CEO) of a unit of general Local government designated ae a Local workforce Investment Area (LWIA) &hall be liable to the EDO for all funds not expanded in accordance with WIA, and shall return to the EDD all of those funds. If there is more than one unit of general local government in a LWTA, the CEO(a) will be the Individual(s) designated under an agreement executed by the CSO(s) of the local units of government. The CEO W designated under the agreement shall be liable to the EDD for ail funds not expended in accordance with the WIA, and shall return to the EDD all of those funds. 9. Accounting and Cash Management a) . Subgrantee will comply with controls, record keeping and fund accounting procedure requirements of MIA, federal and state regulations and directives to ensure the proper diabursai of, and accounting for, program fonds paid to the Subgrantee and disbursed by the Subgrantee, under this aubgrant agreement. b1. Subgrantee will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sub contracting service provider in accordance with procedures established by the Subgrantor. Failure to adhere to these provisions may result in suspending cash draw down privileges and providing funds through a reimbursement process. cl. The Subgrantor retains the authority to adjust specific amounts of cash requested if the Subgrantor's records and subsequent verification with the Subgrantoo indicate that the Subgrantee has an excessive amouat of each in its account. d1. Income (including interest income generated ea a result of the receipt of WIA activities, will be utilised in accordance with policy and procedures established by the Subgrantor. Nubgrantee will account for any such generated income separately. e). Subgrantee shall not be required to maintain a separate bank account but shall separately account for WIA funds on deposit. All funding under this aubgrant agreement, will be made by check or wire transfer payable to the Subgrentee for deposit in Subgrantee's bark account or city and county governmental bank accounts. To provide for the necessary and proper internal controls. fond, should be withdrawn and disbursed by no leas than two representatives of the Subgrantee. The Subgrantor will have a lien upon any balance of WIA funds in these accounts, which will take priority over all other liens or claims. lg. Amendments This aubgrant agreement may be unilaterally modified by the Subgrantor under the following circumstances: a). There is an increase or decrease in federal or state funding Levels. b). A modifi cation to the aubgrant is required in order to implement an adjustment to a Subgrantee's plan. C) . Funds awarded to the Subgrantee have not been expended in accordance with the schedule included in the approved Subgrartee's plan. After consultation with the Subgrantee, the Subgrantor has determined that funds will not be spent in a timely manner, and such funds are for that reason to the extent parmltted by and in a earner consistent with stare and federal law, regulations and policies, reverting no the Subgrantor. d). There is a change in state and federal law or regulation requiring a change in tae provisions of this subgrant agreement. s) . An a'.rendment is required to change the Subgrantees' name as listed on Chia aubgrant agreement_ Upon receipt of legal documentation of the name change the stars will process the amendment. payment of invoices presented with a new name cannot be paid prior to 55B -12 WIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 7 of 14 SUBGRANT NO: K594782 MDDIFICATION NO: NEW approval of said amendment. Except as provided above, this SULgrant agreement may be amended only in writing by the mutual agreement of both parties. 11. Reporting , Subgrantee will compile and submit reports of activities, expenditures, status of cash and closeout information by the specified dates as prescribed by the Subgrantor. All expenditure reports must be submitted upon the accrual basis of accounting. Failure to adhere to the reporting requirements of this agreement will result in funds not being released. 12. Termination This subgrant agreement may be terminated in whole or in part for either of the two following circumstances: aj. Termination for Convenience - Either the Sutgrantor or the Subgrantee may request a termination, in whole or in part, for convenience. The Subgrantee will give a ninety- (90) calendar -day advance notice in writing to the Subgrantor. The Subgrantor w'_11 give a ninety (90) calendar -day advance notice in writing to the gubgractee. b). Termination for Cause - The Subgrantor may terminate this subgrant agreement in whole or in part when it has determined that the Subgrantee has substantially violated a specific provision of the WIA regulations or implementing state legislation and corrective action has not been taken. (1). All notices of termination must be in writing and be delivered personally or by deposit in the U. S. Mail, postage prepaid, "Certified Mail- Return Receipt Requested ", and will be deemed to have beer. given at the time of personal delivery or of the date of postmark by the U. S. Postal Service. Notices to the Subgrantee will be addressed toy Mr. David Cavazos City Manager P.O, $,6x 1998 M -31 Santa Ana, CA 92702 -1988 Notices to the Subgrantor will be addressed to! Employment Deve_epment Department Workforce Services Division Financial Management Unit P.O. Box 826880, MIC 69 Sacramento, CA 94280 -0001 13. Records a) . If participants are served under this subgrant agreement, the Subgrantee will establish a participant data system as prescribed by the Sutgrantor. b). Seigxantee will retain all records pertinent to this subgrant agreement for a period of three years from the date of final payment of th =a ribgrars agreement. If, at the end of three years, there is litigation or an audit involving those records, the Subgrantee will retain the re cords until the resolution of such litigation or audit. Refer to 29 CPR, Part 97.42(b)(2) or 29 CPR, Part 95.53(b)(1). c). The Subgrantor and /or the U. S. XL, or their designee (rafer to 29 CFR. Part 95.4B(d) or 29 CFR Part 97.36(i)(10)) will have access to and right to examine, monitor and audit all records, documents, conditions and activities related to programs funded by this subgrant agreement. For purposes of this section, ^access to" means that the Subgrantee shall at all times maintain within the State of California a complete set of records and documents related to programs funded by this agreement. The Subgrantee shall comply with this requirement regardless of whether it ceases to operate or maintain a presence within the State of California before the expiration of the subgrant. Subgrantee's performance under the terms and conditions herein specified will be subject to an evaluation by the Subgrantor of the adequacy of the services performed, timeliness of response and a general impression of the competency of the firm and its staff. 14. Audits a}, The Subgrantee will maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. All governmental and non - profit organizations must follow the audit requirements of GMB Isingle audit or program - specific audit requirement) Circular A -133 (29 CFR 97.26 and 29 CFR 95.26). 55B -13 WIA SUBORANT AORUSm T Subgrantee: SANTA AWA FORK CEMTR Exhibit BB Page a of la St1BORANT NO: 9594792 MODIFICATION NOI NEW b). The Subgrantee and /or auditors performing monitoring or audits of the Subgrantee or its sub - contracting service providers will immediately report to the Subgrantor any incidents of fraud, abuse or other criminal activity in relation to this subgrant agreement, the WIA, or its regulations. 15. Disallowed Costa Except to the extent that the state determines it will as sums liability, the Subgrantee will be liable for and will repay, to the Subgrantor, any asounts expended under this subgrant agreement found not to be in accordance with WXh including, but not limited to, disallowed costs. Such repayment will be from funds (Nor. - Federal), other than those received under the WIA. 16, Conflicts a;. Subgrantee will cooperate in the revolution of any conflict with the U. S. DOL that may occur from the activities funded under this agreement. b). In the event of a dispute between the Subgrantor and the Subgrantee over any part of this subgrant agreement, the dispute my be submitted to non - binding arbitration upon the consent of both the Subgrantor and the Subgrantee. M election for arbitration pursuant to this provision will not preclude either party from pursuing my remedy for relief otherwise available. 17. Grievances and Complaint System Subgrantee will establish and maintain a grievance and complaint procedure in compliance with the WIA, federal regulations and state statues, regulations and policy. 19. Property All property, whether finished or =finished documents, data, studies and reports prepared or purchased by the Subgrantee under this subgrant agreement. will be disposed of in accordance with the direction of the Subgrmtor. In addition, any twin and /or equipment furnished to the Subgrantee by the Subgrantor and /or purchased by the Subgrantee, with funds pursuant to this subgrant agreement will be limited to use within the activities outlined in this subgrant agreement and will remain the property of the United States Government and /or the Subgrantor Upon termination of this subgrant agreement, Subgrantee will immediately return ouch tools and/or equipment to the Subgrantor or dispose of them in accordance with the direction of the Subgrantor. 19. Intellectual Property Provisions a). Federal Funding In any subgrant funded in whole or in part by the federal government, Subgrantor may acquire and amintain the Intellectual Property rights, title, and ownership, which result directly or indirectly from the subgrant, except as provided in 17 Code of Federal Regulations part 401.14. However, pursuant to 29 CPR section 97.74 the federal government shall have s royalty -free, non - exclusive, irrevocable, paid -up license throughout the world to use, duplicate, or dispose of such Intellectual Property throughout the world in any manner for governmental purposes and to have and permit otEers to do so. h). Ownership (1). Except where Subgrantor has agreed in a signed writing to accept a license, Subgreotor shall be and remain, without additional compensation., the sole owner of any and all rights, title and interest in all intellectual property, from the moment of creation, whether or net jointly conceived, that are made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this aubgrant agreement. {2). For the purposes of this aubgrant agreement, Intellectual Property means recognized protectahle rights and interest such as: patents, ;whether or not issued) copyrights, trademarks, service narks, applications for any of the foregoing, inventions, trade secrets, trade dress, 10909, insignia, color combination.$, slogans, moral rights, right of publicity, author•$ rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices, business processes, developments, innovations, good will, any data or information maintained, collected or stored in the ordinary course of business by Subgrantor, and all other legal rights protecting intangible proprietary information as may exist now and /or hereafter come into existence, and all renewals and extensions, regardless of whether those rights arise under the laws 02 the United States, or any other state. country or jurisdiction. (a). For the purposes of the definition of Intellectual Property, "works" means all Literary works, writings and printed matter including the medium by which they 55B -14 MIA SUBGRANT AGREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BE Page 9 of 14 SUBGRANT NO: 8594782 MODIFICATION NO: NEW are recorded or reproduced, photographs, art work, pictorial and graphic representations and worka of a similar nature, film, motion pictures, digital images, animation cells, and other a+.dioviaual works including positives and negatives thereof, sound recordings, tapes, educational materials, interactive videos, computer software and any ocher materials or products created, produced, conceptualized and fixed in a tangible medium of expression. It includes preliminary and final products and any materials and information developed for the purposes of producing those final products. -works, does not include art isles submitted to peer review or reference journals or independent research Projects. (3). In the performance of this subgrant agreement, Subgrantee may exercise and utilise terrain of its Intellectual Property in existence prior to the effective date of this subgrant agreement. In addition, under this aubgrant agreement, Subgrantee may access and utilize certain of Suograntor's intellectual property in existence prior to the effective date of this auogrant agreement. Except as otherwise set forth herein, 3ubgrantee shall not use any of Subgrantovs Intellectual property now existing or hereafter existing for any purposes without the prior written permission of Subgrantor. Except as otherwise set forth herein, neither the Subgrantee nor Subgrantor shall give any ownership interest in or rights to its Intellectual Property to the other Party. if, during the term of this subgrant agreement, Subgrantee screens. any third -party Intellectual Property chat is licensed to 3ubgrantor. Subgrantee agrees to abide by all license and confidentiality restrictions applicable to Subgrantor in the third- party,e license agreement. (4). Subgrantee agrees to cooperate with Subgrantor in establishing or maintaining Subgrantor's exciusive rights in the Intellectual property, and in assur -ng Subgrantor's sole rights against third parties with respect to the Intellectual Property. If the 3ubgrantee enters into any agreements or subcontracts with other Parties in order to perform this subgrant agreement, Subgrantee shall require the terms of the agreament(a) to include all Intellectual Property provisions of paragraph nineteen a) through nineteen 1). Such carne met include, but are not limited to, the subcontractor assigning and agreeing to assign to 3ubgrantor all rights, title and interest in intellectual Proparty made, conceived, derived from, or reduced to practice by the subcontractor, subgrantes or subgrantor and which result directly or indirectly from this subgrant agreement or any subcontract. (5). Pursuant to paragraph nineteen (b) (4) of the Intellectual Property Provisions Di Exhibit BB to this subgrant agreement, the requirement for the Subgrantee to include all Intellectual Property Provisions of paragraph nineteen 61 through nineteen i) of the Intellectual Property Provisions in all agreements and subcontracts it enters into with other parties does not apply to subgrant agreements or subcontracts that are for customized and on- the -job training as authorized under 20 CFR 663.700 -730. (6). Subgrantee further agrees to assist and cooperate with Subgrantor in all reasonable respects, and execute all documents and, subject to reasonable availability, give testimony and take all further acts reasonably necessary to acquire, transfer, maintain, and enforce Subgrantor's Intellectual Property rights and interests. c). Retained Rights / License Rights (L . Except for Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement, Subgrantee shall retain title to all of its Intellectual Property to the extant such Intellectual Property in in existence prior to the effective date of t -nia aubgrent agreement. Subgrantee hereby grants to Subgrantor, without additional compensation, a permanent, non - exclusive, royalty free, paid -up, worldwide, irrevocable, perpetual, non - terminable license to use, reproduce, manufacture, sell, offer to sell, import, export, modify, publicly and privately display /perform, distribute, and dispose of Subgrantee's intellectual Property with the right to sublicense through multiple layers, for any purpose whatsoever, to the extent it is incorporated in the intellectual Property resulting from this subgrant, unless Subgrantee assigns all rights, title and interest in the Intellectual Property as set forth herein. (2i. Nothing in this provision shall restrict, limit, or otherwise prevent Subgrantee from using any ideas, concepts, know -how, methodology or techniques related to its performance under this subgrant agreement, provided that Subgrantea's use does not infringe the patent, copyright, trademark rights, license or other intellectual Property rights of Subgrantor or third party, or result in a breach or default of any provisions of paragraph nineteen a) through cireteen i) or result in a breach of any provisions of law relating to confidentiality. d). Copyright (1) Subgrantee agrees that for purposes of copyright law, all works (as defined in Ownarshlp, paragraph nineteen (b) (e (a? of authorship made by or on behalf of 55B -15 WIA SOBORAN'I AGREEMENT Subg.:anuse: SANTA MA WORK CFNTTK Exhibit Be Page 1D of 14 SGBGRANT NO: K594782 MODIFICATION NO: NSW Subgrantee in connection with Subgrantee's performance of this subgrant agreement shall be deemed -works made for hire.^ Subgrantee further agrees that the work of each person utilised by Subgrantee to connection with the performance of this subgrant agreement will be a "work ,made for hire," whether that person is an employee of Subgrancee or that person has entered into an agreement with Subgrantee to perform the work. Subgrantee shall enter into a written agreement with any such person that: (S) all work performed for Subgrantee shall be deemed a "work made for hire under the Copyright Act and (Si; that person shall assign all right, title, and interest to Subgrantor to any work product made, conceived, derived from or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant. agreement. Refer to 29 CPR, Part 95, Appendix A 5 or Part 97.34. (2) All material., including, Out not limited t0, computer software, visual works Or text, reproduced or distributed pursuant to this subgrant agreement that include Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this eubgrant agreement may not be reproduced or disseminated without prior written permission from Subgrantor. e). Patent Rights With respect to inventions (refer to 29 CM, 99.36(1)(8)) made by Subgrantee in the performance of this subgrant agreement, which did not result from rasearch and development specifically included in the S•,)bgrant'a scope of week, Subgrantee hereby greats to Subgrantor a license me described under paragraph nineteen e) far devices or material incorporating, or made through the use of such invention, if suet. inventions result from research and development work specifically included within the subgrant agreement's scope of work, then Subgrantee agrees to assign to Suubgrantcr, without addition compensation, all its right, title and interest in and to such inventions and to assist Subgrantor in securing United States and foreign patents with respect thereto. V. Third -Party Intellectual Property Except as provided herein, Subgrantee agree. that its performance of this subgrant agrecmcat shall not be dependent upon or include any intellectual Property of Subgrantee or third party without first: (i) obtaining Subgrantor's prior written approval; and fill granting to or obtaining far Subgrsntor's, without additional compensation, a license, as described in paragraph nineteen c), for any of Subgrantee's or third - party's Intellectual Property in existence prior to the effective date of this subgrant agreement, If such a license upon these terms is unaetainacle, and Subgrantor determines that the Intellectual Property should be included in or is required for Subgrantee's performance of this subgrant agreement, Subgrantee shall ottain a license under terms acceptable to Subgrantor. g) . Warranties (S). Subgrantee represents and warrants that: (a). It has secured and will secure all rights and licensee necessary for its performance of this subgrant agreement. (bl. Neither Subgrantse's performance of this subgrant agreement, nor the exercise by either Party of the rights granted in this subgrant agreement, nor any use, reproduction, manufacture, sale, offer to sell, import, export, modification, public and private di.play /performance, distribution, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantee or Subgrantor and which result directly or indirectly from this subgrant agreement will infringe upon or violate any Intellectual Property right, con- dfsoloeure obligation, or other proprietary right or interest of any third -party or entity now existing under the laws of, or hereafter existing or issued by, any state, toe United States, or any foreign country. There are currently no actual or threatened claims by any such third party based on an alleged violation of any such right by Subgrantee. (e). Neither Subgrantee's performance nor any part of its performance will violate the right of privacy of, or constitute a libel or slander against any person or entity. ;d). It has secured and will secure all rights and licenses necessary for Intellectual Property including, but net limited to, consents, waivers or releases fran all authors. ;e). Of music or pe:'formances used, and talent (radio, television and motion picture talent), owners of any interest in and to real estate, sites Locations, property or props that may be used or shown. !f!. it has not granted and shalt lot grant to any person or entity any right that would or might deracate, encumber, or interfere with any of the right. granted to Subgrantor in this eubgranL agreement. 55B -16 WIA SUBGRANT AGREi T Subgrantee: SANTA ANA 'WORK CZNTER Exhibit SB Page 11 of 14 SUBGRANT W: K594782 MODIFICATION W: NEW (g). It has appropriate systems and controls in place to ansure that state and federal funds will not be used in the performance of this subgrat. agreement for the acquisition, operation or maintenance of computer software in violation of copyright lava. Ih). It has no knowledge of any outstanding claims, Ilcaneee or other charges, liens, or encumbrances o_ any kind or nature whatsoever that could affect in any way Subgrantee'a performance of this subgrent agreement. (i). SUSGRA.NTOR MAKES W WARRANTY, THAT THE INTELLECTUAL PROPERTY RgSULTING FROM THIS SUBGRANT AGREEMENT DOES NOT INFRINGE UPON ANY PATENT, TRADSMARK, COPYRIOIC OR THE LIKE, NOW RRISTIW OR SUBSEQUENTLY ISSUED. h1. Intellectual Property Indemnity (1) . Subgrancee shall indemnify, defend and 'hold harmless Subgrantor and its linens,... and assignee*, and its officers, directors, employees, agents, representatives, succeaeors, and users of its products, 01demnities0) from end against all claim., actions, damages, losses, liabilities (or actions or proceedings with respect to any thereof), whether or not rightful, arising from any and all actions or claims by any third party or expenses related thereto line luding, but not limited to, all legal expenses, court costs, and attorney's fees incurred in investigating, preparing, serving as a witness in, or defending against, any such claim action, or proceeding, commenced or threatened) to which any of the Indamnvties may be subject, whether or not Subgrantee is a party to any pending or threatened litigation, which arise out of or are related to (i) the incorrectness or breach of any of the representations, warranties, covenants or agreements of Subgrmntee pertaining to Intellectual Property; or (ii) any Intellectual Property infringement, or any other type of actual or alleged infringement claim, arising out of Subgrantor's use, reproduction, manufacture, sale, offer to .ell, distribution, import, export, modification, public and private performance /display, license, and disposition of the Intellectual Property made, conceived, derived from, or reduced to practice by Subgrantoe or Subgrantor and which result directly or indirectly from this aubgrant agreement. This indemnity obligation shall apply irrespective of whether the infringement claim is based on a patent, trademark or copyright registration that was issued after the affective date of this wubgrsnt agreement. Subgrantor reserves the right to participate in and /or control, at Subgrantse's expense, any such infringement action brought again- Subgrantor. W. Should any Intellectual Property licensed by the eubgrantes to Subgrantor under this aubgrant agreement become the subject of an Intellectual property infringement claim, Subgrantee will exercise its authority reasonably and in good faith to preserve Subgrannor•s right to use the licensed Intellectual Property in accordance with this smbgrant agreement at no expansa to Subgrantor. Subgrantor shall have the right to monitor and appear through its own counsel (at Subgrantee's expense) in any such claim or action. rn the defense or settlement of the claim, Subgrantee may obtain the right for Subgrantor to continue using the Licensed Intellectual Property or, replace or modify the licensed Intellectual Property an that the replaced or modified Intellectual Property becomes non - infringing provided that such replacement or modification is functionally equivalent to the original licensed Intellectual Property, If such remedies are net reasonably available, Subgrantor nay be entitled to a refund of all monies paid under thin aubgrant agreement, without restriction or limitation of any other rights and remedies available at law or in equity. (3). Subgrantee agrees that damages alone would be inadequate to compensate Subgrantor for breach of shy term of these Intellectual Property provisions of paragraph nineteen a) through nineteen 1) by Subgrantee. Subgrantee acknowledges Subgrantor would suffer Irreparable harm in the event of such breach and agrees Subgrantor shall be entitled to obtain equitable relief, including without limitation in injunction, from a court of competent 'urisdiction, without restriction or limitation of any other rights and remedies available at law or in equity. i) . Survival The provisions sec forth herein shall survive any termination or expiration of this aubgrant agreement or any project schedule. 23. Confidentiality Requirements The State of California and the Subgrantea will exchange various kinds of information pursuant to this subgrant agreement. That information will include data, applications, program files, and information about specific clients receiving services. These data and information are contidentiai when they define an individual or an employing unit or when the disclosure is raazricted or prohibited by any provision of law. Confidential information requires specie. precaution. to protect it from unauthorized use, acres., disclosore, nadi`'icatiun, and destruction. The sources of information may include, but are not limited to, the Employment 55B -17 W1A SDBGRANT AGREMS T Subgrantee: SANTA ANA WORK CSNTSA Exhibit an page 12 of la SUSORANT ND: 094782 N.ODIPICATION N0: NEW Development Department, the California Department of Social Services, the California Department of Education, the California Department of Corrections, the County Welfare Department (a), the County IV -D Directors Office of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California office of Community Colleges, the Department of Alcohol and Drug Programs, and individuals requesting program services. The Subgrantor and Subgrantee agree that: a). Each party shall keep all confidential information that is exchanged between them in the strictest confidence and make such information available to their own employees mly on a "need -to-know- basis. b). Each party e1ma'_1 provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information. c) . Tee Subgrantee agrees that information obtained under this subgrant agreement will not be reproduced, published, sold or released In original or in any other form for any purpose other than those specifically identified in this agreement. 1. Aggregate Summeries: All reports and /or publications developed by the Subgrantee based on data obtained under this agreement shall contain confidential data in aggregated or etatistical summary form only. 'Aggregated- refera to a data ouput that does not allow identification of an individual or employer unit. ii. Publication: Prior to publication, Subgrantee shall carefully analyze aggregated data outputs to ensure the identity of individuals and /or employer units cannot be inferred pursuant to Omemploymeat Insurance Code section 1094 to) . personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality. iii. Minimum Data Call Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public. d). Each party agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or to the public. e). The Subgrantee shell notify Subgrantor's Information Security Office of any actual or attempted information security incident$, within 24 hours of initial detection., by telephone at (916) 654 -6231. Information Security Incidents include, but are not limited ho, any event (intertional or unintentional), that causes the lose, damage, or destruction, or •unauthorized access, use, modification, or disclosure of information assets. The Subgrantee shall cooperate with the Subgranter in any investigations of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If the Subgrantee learns of a breach in the security of the system which contains confidential data obtained under this Subgrant, then the Subgrantee most provide notification to individuals pursuant to Civil Code section 1798.92. f) . The Subgrantee shall provide for the management and control of physical access to information assets (including personal computer systems, computer terminals, mobile computing devices, and various electronic storage mad'-a) used in performance of this Subgrant. This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage. g) At no time will confidential data obtained pureusnt to this agreement be placed on a while computing device, or on any form of removable electronic storage media of any kind unless the data are fully encrypted. !i). each party shall provide its employees with access to confidential information with written instructione fully disclosing and explaining the penalties for unauthorized use or discloaure of confidential information found in faction 1798.55 of the Civil Code, section 582 of the Penal Code, section 2111 of the Unemployment Insurance Code, section 1095) of the welfare and Institutions Code and other applicable local, state and = aces- lawa. 11. Each party shall (where it is appropriate) store and process information in electronic format, in such a way that unauthorized persons cannot reasona,,y retri.eve the information by means of a computer. 1). F.arh party shall promptly return to the other party confidential information when its use ends, or destroy the confidential information utilizing an approved method of destroying 55B -18 WIA SU30RANT ACREEMENT Subgrantee: SANTA ANA WORK CENTER Exhibit BB Page 13 of 14 SUOGRAN: No: K594782 WDIPICAT:Cls NO: NEW confidential information: shredding, burning, or certified or witnessed destruction. Magnetic media are to be degaussed or returned to the other party. k). If the Subgrantor or Subgrantee enters into an agreement with a third party to provide NIA services, the Subgrantor or Subgrantee agrees to include these data and security and confidentiality requirements in the agreement with that third party. In no event shall said Information be disclosed to any individual outside of that third party's authorised staff, subcontractor(s), service providers, or employees. 1) . The Subgrantee may, in Its operation of the Me- Stops, permit a One -Stop Operator to enter Into a Subcontract to manage confidential information. This subcontract may, allow an individual to register for resume- distribution services at the asset time the individual enrolls in CalOOBS. Subgrantee shall ensure that all such subcontracts comply with the intellectual property requirements of paragraph 19 of this Subgrant, the oonfidertlality requirements of paragraph 2C of this Subgrent and any other terms of this Subgrart that may be applicable. In addition, the following requirements must be included in the subcontracts: (1) All client information submitted over the Internet to the subcontractor's databases must be protected, at a minimum, by 129 -bit Secure Socket Layer 199L) encryption. Clients' social security numbers must be stored in a separate database within the subcontractor's network of servers, and protected by a firewall and a eeeondary database server firewall or ASS data encryption. It a subcontractor receives client Social security numbers or other confidential Sntormacion in the course of business, for example a resume - distribution service that provides enrollment in CtIJODS, social security numbers must be destroyed within two days after the client registers for CaLmBS. If a subcontractor obtains confidential information as an agent of the subgrantee, the subcontract must specifically state the purpose for the data collection and the term of records retention meet be stated, and directly related, to the purpose and use of the inform Lion. in accordance wiht 29 Coda of Mental Regulations 97.42, social security numbers and other client specific information shall not be retained for more then three years after a client Completes services. The subgrantee should extend this period, only if any litigation, claim, negotiation, audit, or other action involving the records has been started before the and of the the three -year retentioa period. In this case the records should be maintained until completion of the action sad resolution of all issues arising iron it, or until the close of the three -year retention period, whichever is later. (29 CSR sec. 99.42 (b)(2).) (2) Client information (personal information than identifies a client such as name and social security number) anal /or demographic information of a client (such as wage history, address, and previous employment) shall rot be used as a basis for Cortmercial solicitation during the time the client or agency is using the subcontractor's services Client information and /or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract. (0) A One -Stop client moat still he given the option to use the One - Stop's services, including CalJOBS, even if he or she chooses not to use any services of the subcontractor. This option shall be prominently, clearly, and immediately communicated to the client upon registration within the One -Stop or for Ca1JOSS, the subcontractor's resume - distribution services, or any other services subcontractor offers to the client or the One -Stop Operator. (4) The subcontractor must clearly disclose all of its potential and intended uses of the client's personal and /or demographic information for the services the clients seeks and for any other services the subcontractor offers. The subcontractor shall not use a client's personal and /or demographic information without the client's prior permission. A link to the subcontractor's Privacy Policy shall appear prominently on the registration screens that list the potential and intended uses of the client's personal and /or demographic information. (51 when the Subgrar-tnr modifies State automated systems such as the State CalJOHS System, it shall provide reasonable notice of such etanges to the Subgrantee. The Subgrantee shall be responsible to communicate such changes W tha One -Stop Operator(s) in the Local. area m;. Each party shall deetgnste an employee who shall be responsible for overall security and confidentiality of its data and information systems and each party shall notify the other of any changes in that designation. As of this date, the following are these individuals: FOR THE SUBGRAHTOA .Name: Cindy Hobart Title: Section Manager Address: P.O. Box 826980, M:C 63 Sacramento, CA 9428)-0 OOi Telephone: 1916) 651 -5955 55B -19 NIA BOBORANT AaREEnmvr Subgrantee: SANTA ANA SARK CRNTRR Exhibit BE Page 14 Of 14 SUBORAi."." NO: &594782 MOOIFI:ATION NO: NEW Fax: (916) 654 -9586 FOR THE SUBORANTES Name: Debor h Sanchez Title: MIS Administrator Telephone: (714) 565 -2621 Fax` (714) 565 -2602 21, Signateres Thin oubgrant agreement is of no force aad effect until signed by both of the parties hereto. Subgran_ee will not commence performance prior to the beginning of this aubgrant agreement. Revised October 2007 55B -20 EXHIBIT COVER SHEET SUEORANT NO: %534782 EXHIBIT DO MODIFICATION NO: 00 Page 1 Cr 1 SUBGRANTEE; SANTA ANA WORK CENTBR PJNDINO SOURCE' NSA TITLE I YO[T.t( FORMULA 301 TERM OF THESE FUNDS: 04/01/2014 TO: 06/39/2016 -------------- -------- ----------------------------------------------- Use of funds added by this modification is limited to this period sad additionally limited by the recapture provisions applicable to this funding sou =ce. The state may at its discretion recapture funds obligated ` under this exhibit, if expenditure plane are not being met. ------------------------ _------------------------- .---------------------------- PROORAM NARRATIVE The purpose of this action is to initiate this Local Workforce Investment AreaPa (T.WIA) new Program Year 1PY) 2014 -15 Workforce Investment Act (NIA) Title I SUbgrant agreement and to incorporate WIA Youth formula funding into Grant Code (CC: 301. The amount in OC 301 represents this LWTA'a entire youth formula allocation for PY 2014 -15. The term date for these Sunda is April 1, 2014 to June 30, 2016. The LWIA will operate the WIA program in accordance with the approved Workforce Investment Plan on fila in the Workforce Senvicea Division of the Rmploymont Development Department, P.C. Box 826582, WIC 50, Sacramento, CA 92480 -0001. ------------- ----------------------------------------------- -------------------- .--------- . This exhibit adds to and does rot replace the terms and conditions of any other exhibit included in this agreement which terns and conditions remain in full force and effect. --------- -------------- -._ ------- •------- •----------- .-___.------- _------------------ . ------ WIA I3 /2000) 55B -21 SUBGRANTEE TAX IDENTIFICATION DATA UNIVERSAL NUMBERING SYSTEM (DUNS) INFORMATION FORM Tb be completed for each subgrantee. Return to: Attention: Contracts Analyst .. Financial Management Unit Workforce Services Division P.O. Box 826880, MIC 69 Sacramento, CA 94280 -0001 Subgrantee Name Subgrantee Address Subgrantee JTA Code (3 letters) Employer Identification Number (EIN)/Federal Tax Identification Number (Refer to wwww.irs.eov) Data Universal Numbering System (DUNS) (Refer to WSD12 -1 t) Person to contact regarding this form Phone Number ( ) Date 55B -22 CURRENT SUBGRANTEE INFORMATION FORM Failure to Complete Form Will Delay Processing of Your Subgrant 55B -23 One -Stop Office Change Form - Type 3 Approval Contact Name: Email: offi.e Manager /Administrator(print name and title) Signature Page 1 of t 55B -26 Date 1' Please enter Ono-Stop information .. anV Changes Today's Date: Effective Date of Change: County Location: One Stop Name: Office Street Address: City: Zip Code: Operating under LW IA /LW IB: ITEM NO. Action Codes New Information (type or print) A C D 1 Sta eeAnd Zip Physical Address, City, Z Mailing Address (if different) 3 r7 M County q Public Phone 5 0 El Public Fax g TTY Number 7 Hours B C1 El I Service Level 9 Web She Address 10 Manager/Administrator 11 Contacts Email Address 12 _LL Operatin UnderLW16 /LWIA Key: A= Add, G Change, D= Delete Approval Contact Name: Email: offi.e Manager /Administrator(print name and title) Signature Page 1 of t 55B -26 Date 1' REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: CONSOLIDATION WITH THE COUNTY OF ORANGE ON THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION J CITY MANAGE 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. Adopt a resolution ordering, calling, and giving notice of a General Municipal Election to be held in City of Santa Ana on November 4, 2014 for the election of certain officers; and, requesting the Board of Supervisors of Orange County to consolidate the General Municipal Election with the 2014 County and Presidential Election. 2. Adopt a resolution establishing a charge for candidates' statements to be submitted to the electorate in the November 2014 General Municipal Election. In order to conduct an election, State law and the City Charter require the City Council to adopt a resolution calling for a general municipal election. The subject resolution establishes November 4, 2014 as the date for the election of the Mayor and Members of Wards 2, 4, and 6 of the City Council. Additionally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's general election with the State's General Election and 2014 Presidential and County General Election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general elections of November 4, 2014 and authorizes the Board of Supervisors to canvass the election returns. Finally, candidates for Mayor and the City Council may choose to have a candidate's statement sent to each voter as part of the Voter Information Pamphlet. Candidate statements are produced at the candidates' option, not mandated, and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters will not have Candidate Statement cost estimates until July 1, 2014. The adoption of the recommended resolution will allow the County to establish this charge for these services and the amount will be incorporated into resolution once received. 55C -1 Consolidation with the County of Orange on the November 4, 2014 General Municipal Election June 17, 2014 Page 2 FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $225,000. Funds for these administrative costs are available in the General Non - Departmental, Contractual Services account no. 01105015 62300, FY 2013 -2014 and 2014 -2015. Maria D. Huizar, Clerk of the Council APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director I Finance & Management Services Agency ,lam _1 55C -2 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2014 FOR THE ELECTION OF CERTAIN OFFICERS AND ALL OTHER MEASURES AS PROPOSED OR AUTHORIZED BY THE CITY COUNCIL, AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 4, 2014, for the purpose of electing the Mayor and Councilmembers from Wards 2, 4 and 6. B. There will be a statewide general election held on November 4, 2014. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 4, 2014 general election of the City of Santa Ana for the purpose of electing the Mayor and Councilmembers from City Wards 2, 4, and 6 with the statewide general election to be held on the same date. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Resolution No. 2014 -XXX 55C -3 Page 1 of2 Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: M Sonia R. Carvalho, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 2 of 2 55C -4 Maria D. Huizar, Clerk of the Council RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2014 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THEIR STATEMENT IN VOTER PAMPHLETS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(c) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. B. Prior to the period in which candidate statements may be filed, the Clerk of the Council shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements and shall determine the pro rata share of each candidate filing a statement based upon such estimate, which is $ . The payment in advance by each such candidate of his or her prorated share shall be a condition of having his or her statement included in the voter's pamphlet. Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall prepare a written notice distributed to all candidates at the time of issuance of the nomination papers, informing them that payment of the pro rata share amount must be made at the same time the candidate's nomination papers as prescribed by the California Elections Code. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for Resolution No. 2014 -XXX Page 1 of 3 55C -5 additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk of the Council may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 3. That the Clerk of the Council shall provide each candidate or the candidate's representative a copy of this resolution at the time when nominating petitions are issued by the Clerk. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2014. APPROVED AS TO FORM: By: Sonia R. Canralho, City Attorney AYES: Councilmembers: NOES: ABSTAIN NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Resolution No. 2014 -XXX Page 2 of 3 55C -6 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55C -7 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -XXX Page 3 of 3 55C -8 REQUEST FOR � COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: SUBMISSION TO THE VOTERS AT THE NOVEMBER 4, 2014 MUNICIPAL ELECTION: CITY OF SANTA ANA MEDICAL MARIJUANA REGULATION AND LIMITATION INITIATIVE CITY MANAC jyR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution giving notice of the City's general municipal election to be held in the City of Santa Ana on November 4, 2014 for the submission of a proposed ordinance and requesting Board of Supervisors to consolidate election with the Statewide General Election. 2. Adopt a resolution on ballot question. 3. Adopt a resolution authorizing submittal of written arguments for or against the proposed City Measure. 4. Approve guidelines for preparation of arguments for or against the proposed Ordinance, fix the date for the submission of Direct Arguments and Rebuttal Arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code, 5. Authorize the City Attorney to prepare an Impartial Analysis to be submitted for consideration by the voters. 6. Direct staff to process all other documents required to proceed with the proposed City Measure. BACKGROUND On February 19, 2013 the City Council received the Certificate of Sufficiency indicating the proponents of the Santa Ana Medical Cannabis Restriction and Limitation Initiative obtained the necessary valid signatures to have the initiative placed on the ballot at the next general election in November, 2014, In March, 2013 staff presented a report to the City Council analyzing the proposed initiative to assist the Council in making a decision to either adopt the initiative as submitted or to submit it to the voters at the November 2014 general election. 55D -1 Medical Marijuana Ballot Initiative June 17, 2014 Page 2 At the March 18, 2013 meeting, the City Council directed staff to explore placing a competing initiative on the November 2014 ballot to either affirm the City's ban on storefront medical marijuana collectives /cooperatives or an initiative to permit but further regulate collectives /cooperatives beyond the proposed regulations provided in the collective- backed initiative. On June 3, 2014, the City Council received an update on the Medical Marijuana Initiatives and were provided options to proceed. These options included taking no further actions and awaiting the results of the voter initiative, directing staff to prepare an initiative to affirm the City's ban on medical marijuana collectives /cooperatives or directing staff to prepare an initiative to permit but regulate medical marijuana collectives /cooperatives. Following a presentation by staff and discussion of the relevant issues, the City Council voted to direct staff to prepare a competing ballot initiative to permit but regulate medical marijuana collectives /cooperatives beyond the proposed regulations contained in the voter initiative. Additionally, staff was directed to explore options regarding the separation requirements between medical marijuana facilities and increase the maximum number of facilities permitted in the City from eight to twelve. Proposed City Initiative The regulations proposed were derived from recommendations from the California Police Chiefs Association, a review of other cities' and counties' regulations regarding medical marijuana collectives and direct Code Enforcement experience regulating illegal medical marijuana collectives in the City. While a complete list of the proposed regulations is provided in Exhibit 1, the proposed City initiative will include: • Limit to industrially zoned (M1, M2) properties only. • 1,000 foot separation requirement from sensitive uses (schools, parks and residentially zoned properties). • Strict operational standards including (but not limited to): • On -site, licensed security guards • Closed- circuit video surveillance (interior and exterior) • Limited signage (non - illuminated) • Require sufficient odor absorbing ventilation and exhaust so that odors generated inside the property cannot be detected outside or in adjacent suites. • Limit the hours of operation to Monday- Saturday 10:00 a.m.to midnight and Sunday 11:00 a.m.to 7:00 p.m. • Restrict minors under the age of 18 • Prohibit on -site consumption 55D -2 Medical Marijuana Ballot Initiative June 17, 2014 Page 3 Update the Business License Tax Code (Chapter 21) to require a 5% gross receipts cannabis tax, as well as initial registration fees and annual regulatory fees to account for the costs associated with regulating these businesses. Require a Conditional Use Permit which will include public noticing and a hearing before the Planning Commission with confirmation by the City Council. • Background checks on all managers, employees and volunteers working at a medical marijuana collective /000perative. At the meeting on June 3, 2014, the City Council expressed interest in options regarding the separation distance between medical marijuana collectives /cooperatives. The proposed 1,000 foot requirement is intended to prevent the overconcentration of medical marijuana collectives /cooperatives in a given area. Should the City Council decide to reduce this requirement to 700 -800 feet, one potential result will be to increase the overall number of facilities that may be located in a given area. The resulting increase in the number of collectives /cooperatives that a reduction would create depends on where a facility is located in relation to other collectives /cooperatives. Fiscal implications of Proposed City Initiative The method proposed as part of the Santa Ana Medical Marijuana Regulation and Limitation Initiative is to charge collectives a 5% gross receipts Business License Tax, with provisions to allow the City Council to raise this rate by ordinance to as high as 10 %. In addition to the gross receipts tax, a $2,000 minimum base tax, regulatory fees for the required conditional use permit and annual compliance inspection and state sales tax will also be required. The revenue generated by these fees /taxes will be used to cover the costs associated with the enforcement of the proposed ordinance as well as to address the secondary and tertiary effects of medical marijuana businesses. A complete list of the proposed changes to the Business License Tax Code (Chapter 21) is provided as exhibit 2. The proposed revisions to the Business License Tax Code (Chapter 21) are consistent with the definitions, rates and taxing methods utilized by other cities in California that currently regulate medical marijuana collectives /cooperatives. Based on the proposed taxing and regulatory methods described in exhibit 2, the projected annual revenue from medical marijuana collectives /cooperatives would be approximately $1,248,396 per year (Exhibit 3). This estimate assumes a total of twelve collectives /cooperatives, each with annual gross sales of $1.5 million dollars. Should there be less than the maximum of twelve collectives, or should gross sales not reach the estimated $1.5 million dollars, the revenue received will be less than projected. California Environmental Quality Act CEQA) Analysis The California Resources Code states that voter initiatives not sponsored by a public agency do not constitute a "project" pursuant to CEQA and, as such, they are exempt from environmental review (Public Resources Code Section 15378(b)(3)). The collective- backed voter initiative, 55D -3 Medical Marijuana Ballot Initiative June 17, 2014 Page 4 therefore, is not required to provide any environmental impact analysis. In contrast, the City - sponsored initiative is subject to CEQA review. Therefore, in accordance with this requirement, staff reviewed the Environmental Checklist Form (Appendix G of the CEQA Guidelines) to determine if there would be any possibility that the City - sponsored initiative would have the possibility of creating any environmental impacts. Based on this review, staff has determined that the establishment of regulations for medical marijuana collectives does not meet any of the thresholds contained in the Checklist that would trigger an environmental impact. According to the "general rule exemption" (Section 15061(b)(3)) of the CEQA Guidelines, projects which have no potential for causing a significant effect on the environment are not subject to CEQA. No further environmental analysis is required. A notice of exemption will be filed for this project. FISCAL IMPACT The cost to consolidate the General Municipal Election is estimated to be $225,000. Funds for these administrative costs are available in the General Non - Departmental, Contractual Services account no. 01105015 62300, FY 2013 -2014 and 2014 -2015. JD Sonia R. Carvalho City Attorney it tom. _ Karen Haluza Interim Executive Director Planning and Building Agency MF :rb MF:RFCA- Medical Marijuana Initiative Analysis 2014 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services 0—" c,.—_ _ Carlos Rojas, Chief of Police Santa Ana Police Department Exhibit 1: Ordinance Amending Chapter 18 of the Santa Ana Municipal Code Exhibit 2: Ordinance Amending Chapter 21 of the Santa Ana Municipal Code Exhibit 3: Projected Revenues Calculation 55D -4 EXHIBIT 1 PROPOSED ORDINANCE 55D -5 ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE MUNICIPAL CODE TO DELETE AND REPLACE ARTICLE XIII, TO DELETE SECTION 41 -121, DELETE SUBSECTION (B) OF SECTION 41 -144, AND AMEND ARTICLE XII OF CHAPTER 21 BY ADDING SECTIONS 21-126,21-127, 21 -128, 21 -129 and 21 -130 TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES WHEREAS, in 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996, which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act) which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, collective staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to collective customers, collective customers using marijuana and then driving under the influence of marijuana, the sale of illegal drugs other than marijuana in the dispensaries, sales of marijuana to minors; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that the regulation and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from the operations of medical marijuana dispensaries; and WHEREAS, the City of Santa Ana has a compelling interest in ensuring that marijuana is not distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which medical marijuana collectives operate, and in providing compassionate access to medical marijuana to its seriously ill residents. EXHIBIT 1 55D -6 NOW, THEREFORE, THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1. The People hereby adopt the recitals and findings set forth above and in the request for Council action -staff report prepared in connection with this ordinance. SECTION 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby deleted in its entirety and replaced with the following: Chapter 18 ARTICLE XIII. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES 18 -610. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law ") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code ( "Code "), State Law, the 2008 California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use, and all other applicable local and state laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law. 18 -611. Definitions. (a) "Cultivation" and /or "Cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof. (b) "Medical Marijuana Collective" or "Cooperative" means any facility or location where medical marijuana is made available and /or distributed by or to one or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq., as sometimes amended. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life - threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of 1 55D -7 Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. For purposes of this Municipal Code, "Dispensary" and "Dispensaries" have the same the same meaning as Collective or Cooperative. (c) "Identification Card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (d) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice - president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one or more of the following functions shall be prima facie evidence that such person is a manager: (1) to hire, select, or separate employees or staff, including volunteers; (2) to acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) to disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) to make, or participate in making, policy decisions relative to the operations of the business. (e) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (f) "Medical Marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. (g) "Primary Caregiver" shall have the same definition as that contained in Health and Safety Code § 11362.5 and 11362.7, as sometimes amended. (h) "Qualified Patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. 18 -612. Scope of article. The operating standards established in this chapter apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this Article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996 ") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in section 18 -613 of this Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. 2 55D -8 18 -613. Operating standards. (a) At all times the collective is open, a collective shall provide at least one security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card ", and has a valid Santa Ana Business License. Security guards shall not possess firearms. (b) The security guard and collective personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (c) Exterior signage shall be limited to one wall sign not to exceed ten square feet in area and may not be externally or internally illuminated. Interior signage or advertising may not be visible from the exterior. (d) No recommendations from a doctor for medical marijuana shall be issued on -site. (e) There shall be no on -site sales of alcohol or tobacco products, and no on- site consumption of food, alcohol, tobacco or marijuana by patrons. (f) Hours of operation shall be limited to: Monday -- Saturday 10 a.m.- - midnight and Sunday 11 am - -7 p.m. (g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights -of -way, or within any other unit located within the same building as the collective. (h) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one year old, for medical marijuana use by the patient. (i) A collective shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. 3 55D -9 (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. Q) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use. (k) A collective shall not store more than $200.00 in cash reserves overnight on the premises and shall make at least one daily bank drop that includes all cash collected on that business day. (1) No one under 18 years of age shall be permitted to enter establishment unless that minor is a qualified patient and is accompanied by his or her licensed Attending Physician, parent(s) or documented legal guardian. (m) A collective shall provide the name and phone number of an on -site staff person to the Police Department and Community Preservation Division for notification if there are operational problems with the establishment. (n) Each collective operator(s) and employees shall complete a criminal background check. Employees, managers or volunteers may not have been convicted of, or plead guilty /no- contest to a felony or misdemeanor drug charge within the past four years. (o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six inches in length, and which can be used to grow another plant in a different location. (p) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. El 55D -10 (q) If food is distributed, the collective shall comply which all relevant state laws and city ordinances pertaining to the preparation, distribution and sale of food. (r) The location, interior and exterior, shall be monitored at all times by web - based closed- circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained for a period of not less than ninety days and shall be made available by the collective to the Police Department upon request. (s) The location shall have a centrally- monitored fire and burglar alarm system and the building or the portion of the building where the collective is located shall contain a fire -proof safe; (t) No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed; (u) No collective shall operate for profit. Cash and in -kind contributions, reimbursements, and reasonable compensation provided by members towards the collective's actual expenses of the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in -kind amounts and items shall be fully documented. 18 -614. Numerical limit on dispensaries. No more than twelve (12) medical marijuana collectives shall be permitted to operate at any time. 18 -615. Zones permitted. No collective shall operate within a residential (R -1, R -2, R -3, R -4, RE, CR) zone, Professional (P) zone, Arterial Commercial (C -5) zone, Planned Shopping Center (C -4) zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A -1) zone. A Collective may only operate in an Industrial zone (M -1, M -2) in accordance with this Article. 18 -616. Separation requirements. (a) No collective shall be located within 1,000 feet of any: (1) Other Medical Marijuana Collective or Cooperative; (2) School; (3) Park; 5 5501-11 (4) Residential zone. 18 -617. Permit required. A Conditional Use Permit shall be required for a Medical Marijuana Collective Use and shall be reviewed and processed in accordance with Chapter 41 Division 1 of this Municipal Code. 18- 617.2. Medical marijuana collective — permit application process. Any Medical Marijuana Collective desiring a permit required by this chapter shall, prior to initiating operations, complete and file an application for each location on a form supplied by the Planning and Building Agency, and shall submit with the completed application payment of a nonrefundable processing and notification fee, as established by the City Council. (a) Filing. The Medical Marijuana Collective shall provide the following information: (1) The address of the property where the proposed Medical Marijuana Collective(s) will operate; (2) A site plan describing the property with fully dimensioned interior and exterior floor plans including electrical, mechanical, plumbing, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federally mandated Americans with Disabilities Act; (3) Exterior photographs of the entrance(s), exits(s), street frontage(s), parking, front, rear and side(s) of the proposed property; (4) Photographs depicting the entire interior of the proposed property; (5) If the property is being rented or leased or is being purchased under contract, a copy of such lease or contract; (6) If the property is being rented or leased, written proof that the property owner, and landlord if applicable, were given notice that the property will be used as a Medical Marijuana Collective, and that the property owner, and landlord if applicable, agree(s) to said operations; (7) The name, address, telephone number, title and function(s) of each manager, employee, volunteer, etc.; (8) For each manager, employee, volunteer, a fully legible copy of one valid government issued form of photo identification, such as State Driver's 6 55D -12 License or Identification Card; (9) If the Medical Marijuana Collective is a corporation, a certified copy of the Collective's Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the Collective's Bylaws; (10) If the Medical Marijuana Collective is an unincorporated association, a copy of the Articles of Association; (11) The name and address of the applicant's current agent for Service of Process; (12) A copy of the Medical Marijuana Collective Operating Standards, listed in Section 18 -613, containing a statement dated and signed by the responsible party on -site stating under penalty of perjury, that they read, understand and shall ensure compliance with the aforementioned operating standards. 18 -617.3 Application timing and lottery selection. (a) On November 18, 2014, at 8:00 a.m., the Planning and Building Agency will make applications for a permit available at the planning counter in City Hall and online on the City's website. On December 1, 2014, at 8:00 a.m., the Planning and Building Agency will begin collecting applications at the planning counter or other location at City Hall designated at least twenty -four (24) hours in advance by the Executive Director of the Planning and Building Agency. Applications shall be submitted in person during business hours until 5:00 p.m. on December 8, 2014.Multiple submissions from the same applicant at the same location will result in immediate disqualification from the registration process. Applications received within the time period noted above will be placed into a lottery system which will be randomly selected by the Executive Director or his /her designee. (b) The lottery will be conducted in City Council Chambers or a City conference room accessible to the public on December 22, 2014 at 3:00 p.m. Applications will be selected through the lottery system at random by the Executive Director of the Planning and Building Agency or his /her designee. (c) After the lottery, if during review any application is determined to be incomplete, the applicant shall be notified in writing within ten business days of the date the application is determined to be incomplete. (d) The Collective shall have 30 -days from the date of notice set forth in subsection (c) to complete the application. Failure to do so within the time allotted shall render the application null and void. 7 55D -13 (e) If applications are determined to be not complete after 30 days, permitted collectives close, permits are revoked, or other circumstances occur which result in permits becoming available, the Executive Director will give all remaining applicants from the original application pool written notice of no less than five (5) calendar days' at their address on the application of the permit(s). A lottery will then be held to pick additional applicants from the original applicant pool. This procedure will be done until the original applicant pool has been exhausted. Once the original applicant pool is exhausted, a new application submission period will be established by the Executive Director that complies with the procedures set forth in this section and with dates determined by the Executive Director and notice of such will be published to the public in a newspaper of general circulation at least 72 hours before applications are made available. 18.617.4 Maintenance of records. A Medical Marijuana Collective shall maintain records at the location accurately and truthfully documenting: (1) the full name, address, and telephone number(s) of the owner, landlord and /or lessee of the location; (2) the full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective; (3) the full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government- issued identification card for all patient members, and a copy of every attending physician's or doctor's recommendation or patient identification card; (4) the full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical marijuana and a copy of every written designation(s) by the primary caregiver's qualified patient(s) or the primary caregiver's identification card; (5) written documentation of all circumstances under which the collective provided medical marijuana to a non - member, including but not limited to the recipient's full name, address, and telephone number, amount of medical marijuana received, and medical emergency justification; (6) all receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; (7) an inventory record documenting the dates, amounts, and content testing results of all marijuana cultivated by the collective, including the amounts of marijuana stored at the location at any given time; (8) a log documenting each transfer of marijuana reflecting the amount transferred, the date transferred, and the full name of the member to whom it was transferred; (9) a log documenting the date, nature, and response by the collective to all complaints received by the collective; (10) a copy of the annual audit reports required by this article; (11) the testing log required to be maintained pursuant to this article; and (12) proof of compliance with the California Attorney General Guidelines for the Security and Non - Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five years and shall be made available by the collective to the Police Department and /or Community Preservation Division upon request, except that private medical records shall be made available by the collective to 0 55D -14 the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fire -proof safe. Any loss, damage or destruction of the records shall be reported to the Police Department within 24 hours of the loss, destruction or damage. 18 -617.5 Audits and testing. (a) Annual Audits. No later than February 15 of every year, each collective shall file with the City one copy of an audit of its operations of the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to this article. (b) Testing of Medical Marijuana. The collective shall use an independent and certified laboratory to analyze a representative sample of dried medical marijuana and a representative sample of edible marijuana for pesticides and any other regulated contaminants pursuant to established local, state, or federal regulatory or statutory standards at levels of sensitivity established for the food and drug supply before providing the medical marijuana to its members. Any medical marijuana from which the representative sample analysis tested positive for a pesticide or other contaminant at a level which exceeds the local, state, or federal regulatory or statutory standard for the food and drug supply shall not be provided to members and shall be destroyed forthwith. Any medical marijuana provided to members shall be properly labeled in strict compliance with state and local laws. (c) Testing Log. The collective shall maintain a written log at the location documenting the date, type, and amount of marijuana tested; the name of the laboratory where the marijuana was tested; the laboratory report containing the results of the testing, including the name and level of the substance detected; and the disposition of the marijuana from which the contaminated sample was obtained, including the amount of marijuana and the date and manner of disposition. 18 -618. Inspection and enforcement responsibilities. The Community Preservation Division may enter and inspect the location of any collective between the hours of 10:00 a.m. and 8:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, a designated unit within the Police Department may enter and inspect the location of any collective and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the Police Department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, landlord, lessee, member (including but not limited to a member engaged in the 55D -15 management), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed- circuit monitoring authorized and required under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. 18 -619. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. 18 -620. Compliance with this article and state law. (a) It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana for medical purposes except as provided in this article, and pursuant to any and all other applicable local and state laws. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana. 18 -621. Violation and enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Municipal Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the collective's registration, revocation of the 10 55D -16 certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the collective and persons related or associated with the collective. SECTION 3. Section 41 -121 of the Santa Ana Municipal Code is hereby deleted in its entirety. SECTION 4. Subsection (b) of Section 41 -144 of the Santa Ana Municipal Code is hereby deleted in its entirety. 11 55D -17 55D -18 EXHIBIT 2 55D -19 SECTION 5. Chapter 21, Article XI I of the Santa Ana Municipal Code, comprised of sections 21 -126, 21 -127, 21 -128, 21 -129 and 21 -130, is hereby added such that it reads as follows: Sec. 21 -126. Purpose. This article is required for the purpose of fixing the rate of taxation for Marijuana Collectives /Cooperatives and for the purpose of providing a tax levy for the usual and current expenses of the City of Santa Ana. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. Sec. 21 -127. Marijuana collectives /cooperatives — Annual business license tax assessment. (a) Annual business license tax assessment for Marijuana Col lectives /Cooperatives: (1) Every Collective /Cooperative whether it is organized or conducted as a "not for profit' business, a "non - profit' business, a "for- profit business," or a "Nonprofit Organization," shall pay an annual business license tax in accordance with Chapter 21 of this Code and the Sections and Subsections hereunder. (2) For the purposes of this article, a Marijuana Collective /Cooperative is defined in section 18 -611 of this Municipal Code and is considered to be a business as that term is defined in Section 21 -3 of this Chapter. (3) For the purposes of this article, a Collective /Cooperative is not considered to be a religious or charitable organization. (4) "Medical Marijuana Collective /Cooperative" or "Collective /Cooperative" shall mean any activity regulated or permitted by Chapter 18 of this Municipal Code. (5) For the purposes of this article, a Marijuana Collective /Cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in Sections 21 -48 and 21 -49 of this Chapter. (6) For the purposes of this article, a "Nonprofit Organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub - Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a Collective /Cooperative and claiming a gross receipts EXHIBIT 2 12 55D -20 assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount, in any calendar year of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a Collective /Cooperative. The term "gross receipts" shall also include the total amount, in any calendar year, of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, 13 55D -21 interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for Marijuana Collectives /Cooperatives. (1) Every Collective /Cooperative, excepting a qualified "Nonprofit Organization ", whether it is organized or conducted as a "not for profit" business, a "non- profit" business, a "for- profit business," shall pay a separate business license tax at a rate of up to ten percent (10 %) of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five percent (5 %). The maximum tax rate shall not exceed ten percent (10 %) of gross receipts. (2) Notwithstanding the maximum tax rate of ten percent (10 %) of gross receipts imposed under subsection (b)(1), the City Council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all Marijuana Collectives /Cooperatives, as defined in such ordinance, subject to the maximum rate of ten percent (10 %) of gross receipts. The City Council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) As part of the gross receipts tax imposed by this article, each Collective /Cooperative shall pay a minimum basic rate of two thousand dollars annually for each separate branch location or separate property location of the business. (c) Modification, Repeal or Amendment. The City Council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other article of this Chapter and relate them to this article, or amend any existing provisions of any article of this Chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration rules, regulations, and guidelines; interpretation /clarification. In order to aid in the City's collection of taxes due under this article and to ensure that all Marijuana Collectives /Cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate 14 55D -22 rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this article in any manner not inconsistent with the intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the City Attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions — Exemptions (1) The provisions of this article shall not apply to persons having no fixed place of business within the City of Santa Ana who come into the city for the purpose of transacting a specific item of marijuana business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five days during any calendar year. (2) For any person not having a fixed place of business within the City of Santa Ana who comes into the city for the purpose of transacting Collective /Cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this Chapter. (f) Reporting and Remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each Marijuana Collectives /Cooperatives (except qualified Nonprofit Organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a Collective /Cooperative. The payment of the two thousand dollars minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection B.3., shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the thirty -first day of March of the following year. In the case of a new Collective /Cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one - quarter (' /) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date - Penalty. 15 55D -23 Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest to as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the City, shall not entitle any person to carry on any Collective /Cooperative unless the person has complied with all of the requirements of this code and all other applicable laws, nor to carry on any Collective /Cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such Collective /Cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business Nothing in this article implies or authorizes distribution or possession of marijuana is legal by California and federal law. Nothing in this authorizing the sale of marijuana. in violation of any ordinance of the city. that any activity connected with the unless otherwise authorized and allowed section shall be applied or construed as (i) Business license tax certificate - Required. There are imposed upon all persons engaged in Collective /Cooperative in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any Collective /Cooperative without complying with all the provisions of this article shall constitute a separate violation of this Chapter for each and every day that such Collective /Cooperative is so carried on. Q) Classification of business license assessment type — term and renewal. The business license issued to Marijuana Collectives /Cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in Section 21 -71 (c) and shall be subject to renewal in accordance with Sections 21- 72(c), 21- 73(c), and 21 -77 of this Chapter. (k) Operative Date. Upon the approval by the majority of the voters of the City of Santa Ana at the 16 55D -24 November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all Marijuana Collectives/Cooperatives. Sec. 21 -128. Effect of state and federal reference /authorization. Unless specifically provided otherwise, any reference to a State or Federal statute in this article or Chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a State or Federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a utility service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this article is expanded or limited as a result of changes in State or Federal law, no amendment or modification of this article shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this article. Sec. 21 -129. Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this article or any regulation or rule passed in accordance herewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Sec. 21 -130. Severability. Should any provision of this article, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this article or Chapter or the application of this article or Chapter to any other person or circumstance and, to that end, the provisions hereof are severable. SECTION 6. This is a City Council sponsored initiative ordinance that shall only be amended by the Voters of the City of Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided within the ordinance or in this Section 6. The City Council reserves the right and authority to amend the ordinance at any time after a State or Federal law is enacted which requires amendments in order for 17 55D -25 the ordinance to be in compliance with such law or laws. Subsequent amendments by the City may involve revising or repealing the ordinance in whole or in part, provided that such amendments are required to bring the ordinance into compliance with either State or Federal laws. SECTION 7. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The People of the City of Santa Ana hereby declare that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 8. After its adoption by the voters, this ordinance shall be in full force and effect ten (10) days after the vote is declared by the legislative body, pursuant to the provisions of Elections Code sections 9217 and 15400 and as provided by law. 10 55D -26 EXHIBIT 3 REVENUE ANALYSIS 55D -27 w _T C Q G1 7 C N 7 N s 3 LL N C N C7 to C :i G: u u =a a X m m LL O m 0 > d ai N O OC 0 F- of 0 tAK O O N 0 O N X u) u ;0: J 0 0 0 X X F O F N; v u h C C O fN0 u m m O O E O O GJ E a N C C <n m m m x 0/ LL H N N Y f7 C u (n J C O m C i N N m to m y m xz E a CL CA U O C O _ v O P6 d Q (0 m C u C s ga u C £ fl O C C } m V c a IIA m m O v 0 N N T C C Q N a O a m N m N N rl N H N (p �L Y H G v Q ❑ Q� C O E Ui c- 0 v 0 O W l6 C G O N E N v c O N m m 55D -28 M w_ L L k W 7 d: v 0.. 0 0 0 O O 0 O 0 O 0 O O ;0: 0 0 0 0 0 N; O O O ro O Ln CL +r 'n n n n <n d m G i v , z xz Q u K L 0 0 0 0) c m IIA lO n W Ol � N V b l7 m N N rl N H N (p �L Y H G v Q ❑ Q� C O E Ui c- 0 v 0 O W l6 C G O N E N v c O N m m 55D -28 M w_ L L k W ATTACHMENT RESOLUTION GIVING NOTICE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND REQUESTING CONSOLIDATION WITH COUNTY OF ORANGE 55D -29 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A BALLOT MEASURE RELATING TO THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES AND REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATE'S GENERAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 4, 2014, for the purpose of voting on a ballot measures relating to establishment, operation, and taxation of medical marijuana collectives and cooperatives. B. There will be a statewide general election held on November 4, 2014. C. It is desirable that said general election of the City of Santa Ana be consolidated with the statewide general election to be held on the same date and; that within the City of Santa Ana, the precincts, polling places and election officers be the same, and that the Board of Supervisors of the County of Orange canvass the returns of both elections, in all respects as if there were only one election. Section 2. That pursuant to the requirements of Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation of the November 4, 2014 general election of the City of Santa Ana for the purpose of voting on a ballot measure relating to establishment, operation, and taxation of medical marijuana collectives and cooperatives with the statewide general election to be held on the same date. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. Resolution No. 55D -30 1 of 2 Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Jose Sandoval, Chief 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 that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 2 of 2 55D -31 Maria D. Huizar, Clerk of the Council 55D -32 ATTACHMENT 2 RESOLUTION CONTAINING BALLOT QUESTION 55D -33 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR THE PLACEMENT OF A MEASURE TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 FOR SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES; AND DIRECTING THE CITY ATTORNEY TO DRAFT AN IMPARTIAL ANALYSIS WHEREAS, in 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996, which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed SIB 420 (Medical Marijuana Program Act), which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, collective staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to collective customers, collective customers using marijuana and then driving under the influence of marijuana, the sale of illegal drugs other than marijuana in the dispensaries, sales of marijuana to minors; and WHEREAS, after studying various alternatives for the regulation of medical marijuana dispensaries, considering testimony from members of the public, and reviewing the legal status of medical marijuana dispensaries under applicable law, the City Council finds that the regulation and operation of medical marijuana dispensaries is necessary to protect the public health, safety, and welfare by mitigating the adverse secondary effects from the operations of medical marijuana dispensaries; and WHEREAS, the City of Santa Ana has a compelling interest in ensuring that marijuana is not distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the 55D -34 Resolution No. 2014 -XXX Page 1 of 3 neighborhoods in which medical marijuana collectives operate, and in providing compassionate access to medical marijuana to its seriously ill residents. NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Submission of Ordinance. Pursuant to the requirements of laws of the State of California, the City Council hereby orders the following proposed ordinance to be submitted to the voters of the City of Santa Ana at the general municipal election to be held on November 4, 2014: "Shall the City of Santa Ana amend the Municipal Code to limit YES the establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and impose a tax and regulatory fee upon NO medical marijuana collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" Section 3. Text of Ordinance. The full text of the proposed ordinance to be submitted to the voters is attached as Exhibit 1 (the "Ordinance ") hereto and shall be made available to the public upon request. If a simple majority of the qualified voters voting on the Measure vote in favor therefore, the Measure shall be deemed adopted upon the City Council's declaration of the results of the election and effective 10 days thereafter. Section 4. Conduct of Election. The Clerk of the Council is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. Notice of Election. Notice of time and place of holding the election is hereby given, and the Clerk of the Council is authorized, instructed and directed to five further or additional notice of the election, in time, form and manner as required by law. Section 6. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the Clerk of the Council to transmit a copy of the ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the ordinance, not to exceed 500 words in length, showing the effect of the ordinance on Resolution No. 2014 -XXX 55D -35 Page 2 of 2 the existing law and the operation of the ordinance, and transmit such impartial analysis to the Clerk of the Council within ten (10) days following the adoption of this Resolution. Section 7. Certification. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Sandoval, Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembe NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Maria D. Huizar, Clerk of the Council 55D -36 Resolution No. 2014 -XXX Page 3 of 3 ATTACHMENT RESOLUTION AUTHORIZING SUBMITTAL OF WRITTEN ARGUMENTS FOR OR AGAINST THE CITY MEASURE 55D -37 RESOLUTION NO. 2014 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO REGULATE THE ESTABLISHMENT, OPERATION AND TAXATION OF MEDICAL MARIJUANA COLLECTIVES AND COOPERATIVES TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, California Elections Code Section 9282 authorizes the filing of written arguments for or against a voter initiative petition, and Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against initiatives; and WHEREAS, on June 17, 2014, the City Council adopted Resolution No. 2014- _ authorizing the calling and placement on the ballot a proposed ordinance to regulate the establishment, operation, and taxation of medical marijuana collectives and cooperatives to be submitted to the electors at the November 4, 2014 general municipal election; and WHEREAS, the City Council desires to authorize the filing of written arguments for and /or against the adoption of the following ballot question by the Mayor and /or other members of the City Council in accordance with Elections Code section 9282(b): "Shall the City of Santa Ana amend the Municipal Code to limit the YES establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and impose a tax and regulatory fee upon medical marijuana NO collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Authorization to Submit Arguments. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments for or against Resolution No. 2014 -XXX Page 1 of 3 55D -38 any measure placed on the ballot by the City Council. The City Council hereby authorizes the Mayor and /or City Council members to prepare and file written arguments in favor of or against the proposed ordinance described above. Section 3. Authors. That, in accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. Section 4. Argument not exceed 300 words. That, in accordance with Section 9282(c) of the Elections Code, any written argument in favor of or against the proposed ordinance described above shall not exceed 300 words. Section 5. City Council Preference and Priority. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the initiative set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 6. Deadline for Arguments. In accordance with California Elections Code section 9286(b), the deadline for filing with the Clerk of the Council (and changing or withdrawing) arguments for or against the proposed ordinance described above shall be not later than 5:00 p.m. on July 1, 2014. Section 7. Certification. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2014. APPROVED AS TO FORM: M Jose Sandoval, Chief Assistant City Attorney Resolution No. 2014 -XXX Page 2 of 3 55D -39 Miguel A. Pulido Mayor 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 that the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: 55D -40 Maria D. Huizar, Clerk of the Council Resolution No. 2014 -XXX Page 3 of 3 ATTACHMENT 4 GUIDELINES FOR PREPARATION OF ARGUMENTS FOR OR AGAINST THE PROPOSED CITY MEASURE 55D -41 City of Santa Ana I @ NOTICE OF ELECTION 2014 General Municipal Election November 4, 2014 CITY MEASURE TO BE VOTED ON CITY OF SANTA ANA, CALIFORNIA NOTICE IS HEREBY GIVEN that the following proposed ordinance will be voted on at the General Municipal Election to be held in the City of Santa Ana, California on Tuesday, the fourth (4"') day of November 2014: "Shall the City of Santa Ana amend the Municipal Code to limit the YES establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and NO impose a tax and regulatory fee upon medical marijuana collectives /cooperatives as provided for in Ordinance No. NS- 2864 ?" TIME LIMIT TO SUBMIT BALLOT ARGUMENTS (California Elections Code §9280 -9287) PLEASE TAKE NOTICE that Arguments with respect to the following ballot measure will be received according to the following procedures: 1. The City Council or any member(s) of the Council authorized by the City Council, or bona fide association of citizens, or any individual voter who is eligible to vote on the Measure, or any combination of voters and associations, may file a written argument for or against the measure on the ballot. No argument shall exceed 300 words in length. 2. A ballot argument shall not be accepted unless accompanied by the name(s) of the person(s) submitting it, or, if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. 3. No more than five authors may sign any argument. If an argument is signed by more than five individuals, the names of only the first five persons signing, determined by the 5513-42 order in which their signatures appear, shall be printed on the argument appearing in the Voter Information Pamphlet. 4. The Clerk of the Council shall cause an argument for and an argument against the measure, if submitted, to be printed and shall transmit the arguments to the qualified electors in addition to any necessary ballot materials. Arguments for and against the measure shall be submitted to the Office of the Clerk of the Council, 20 Civic Center Plaza, Santa Ana, California 92701, not later than 14 days after City Council calls for the Election. 5. Arguments may be changed or withdrawn by their authors by specified date. 6. Printed arguments submitted to the voters shall be titled either "Argument In Favor of Measure_" or "Argument Against Measure_ ", accordingly. The blank space will be assigned a number or letter by the Orange County Registrar of Voters. Words used in the title shall not be counted when determining the length of the argument. 7. If more than one argument for or more than one argument against the ballot measure is submitted to the Clerk of the Council within the time prescribed above, the Clerk of the Council shall select one of the arguments for printing and distribution to voters. In such selection, preference and priority shall be given as follows: 1) member(s), of the legislative body authorized by that body, 2) bona fide associations of citizens, and, 3) individual voters who are eligible to vote on the measure. If more than one argument for a measure is received from individuals or groups with the same preference and priority, the first argument submitted to the Clerk of the Council will be selected if no other arguments from an individual or group with a higher priority are received. 8. At the time of filing an argument, a certificate is also required that states that the facts contained in the argument are true and correct. The certificate must be signed by each author of the argument. (A certificate form is available from the Clerk of the Council) 9. Copies of arguments for and against the measure shall be open for public examination at the Clerk of the Council Office, 20 Civic Center Plaza, Santa Ana, California, 92701 during normal business hours (Monday through Thursday and alternate Fridays, 8:00 A.M. to 5:00 P.M.) during the Public Review Period. Any individual may obtain a copy of such materials for use outside of said office. A fee, not to exceed the actual costs incurred in providing such copies, will be charged at the time of provision of such copies. 10. Questions concerning this notice shall be directed to the Clerk of the Council, City of Santa Ana, telephone number (714) 647 -6520. 11. Copies of the text of the Measure to be submitted to the voters of the City of Santa Ana may be obtained from the Clerk of the Council, telephone number (714) 647 -6520. 55D -43 WORD COUNT STANDARDS (Elections Code §9) §9.(a) Counting of words, for purposes of the Elections Code, shall be as follows: (1) Punctuation is not counted. (2) Each word shall be counted as one word except as specified in the Elections Code section. (3) All geographical names shall be considered as one word; for example, "City and County of San Francisco" shall be counted as one word. (4) Each abbreviation for a word, phrase, or expression shall be counted as one word. (5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word. (6) Dates consisting of a combination of words and digits shall be counted as two words. Dates consisting only of a combination of digits shall be counted as one word. All Digits (8/08/07) one word Words and digits (August 8, 2007) two words (7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as 'one," shall be considered as a separate word or words. "One" shall be counted as one word whereas 'one hundred" shall be counted as two words. "100" shall be counted as one word. (8) Telephone numbers shall be counted as one word. (9) Internet web site addresses shall be counted as one word. If the text exceeds the word limit, the author must delete or change a sufficient number of words, or a sentence, to put the statement within the required word limit before the statement is filed. The author should correct any misspellings before the statement is filed. 55D -44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION The Finance and Management Services Agency annually is required to submit to the City Council a resolution approving the City's Investment Policy and the Statement of Investment in accordance with State Law. Staff recently reviewed the California Government Code to ensure the City's investment policy was consistent with any changes or updates. As a result, staff is recommending certain changes so as to make the City's investment policy consistent with the California Government Code (Exhibit 1). The policy outlines the City's policies and practices. The primary goals are: 1) To assure compliance with all Federal, State, and local laws governing the investment of monies. 2) To provide the safety of principal and sufficient liquidity. 3) To provide an investment return within the parameters of the Statement of Investment Policy and Investment Portfolio guidelines. The investment policy applies to all financial assets of the City, with the exception of Bond Proceeds. A review of the investment policy is scheduled for the coming fiscal year and will be reviewed in conjunction with the Finance, Economic Development, Technology Council committee. 55E -1 FISCAL IMPACT There is no fiscal impact associated with this action. Annual Statement of Investment Policy June 17, 2014 Page 2 Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit 1 Resolution Exhibit 2 Investment Policy 55E -2 jxs: 6/05/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE CITY'S STATEMENT OF INVESTMENT POLICY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. California Government Code §53646, provides that each city may have a written statement of investment policy to govern investment of the City's monies. B. Pursuant to §53646, the City Treasurer shall annually submit a statement of investment policy for City Council consideration. C. The City Treasurer has submitted the attached Statement of Investment Policy to this Council at its regular meeting of June 17, 2014, for its consideration. Section 2. The City Council of the City of Santa Ana has duly considered and approves the City's statement of investment policy submitted by the City Treasurer. Section 3. The City Treasurer shall submit quarterly reports to the City Council stating all investments made in the preceding quarter and that such investments have been made in conformance with the City's investment policy. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2014. Miguel A. Pulido Mayor Resolution No. 2014 -XXX Page 1 of 2 55E -3 APPROVED AS TO FORM: Sonia Carvalho, City Attorney 0 Jose Sandoval Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2014 -XXX Page 2 of 2 Clerk of Council City of Santa Ana 55E -4 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 201412015 INTRODUCTION This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services, the responsibility for the day to day investment of the City's funds is delegated to the Treasury Manager and/or Assistant Finance Director only. The investment policy applies to all financial assets of the city which are pooled in an actively managed portfolio. The investment pool or portfolio will be referred to as the "Fund" throughout this document. Bond proceeds shall be invested in accordance with requirements and restrictions outlined in the bond documents. Bond proceeds are not considered part of the Fund nor subject to this Investment Policy. The City's Cash Management Program is designed to accurately monitor and forecast expenditures and revenues, thus enabling the investment of funds to the fullest extent possible. Maturities are matched as close as possible to coincide with cash requirements. The investment policies and practices of the City of Santa Ana are based upon Federal, State and Local law and prudent money management. The primary goals of these policies are: 1. To assure compliance with all Federal, State and Local laws governing the investment of monies. 2. To provide for the safety of principal and sufficient liquidity. 3. To provide an investment return within the parameters of this Statement of Investment Policy. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial /investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. OBJECTIVES: 1. SAFETY OF PRINCIPAL - Safety of principal is the foremost objective of the City of Santa Ana. Each investment transaction shall be undertaken in a manner that seeks to 55E -5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 2 ensure preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. A. Credit Risk Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by: Limiting investments to the safest types of securities; Pre- qualifying the financial institutions, broker /dealers, intermediaries, and advisors with which the City will do business; and Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: Structuring the Fund so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and By investing operating funds primarily in shorter -term securities. The cash flow is updated on a daily basis and will be considered prior to the investment of securities, which will reduce the necessity to sell investments for liquidity purposes. 2. LIQUIDITY - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). 3. YIELD - The City's Fund shall be designed with the objective of attaining a market - average rate of return throughout budgetary and economic cycles taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality, yield, or target duration in the 55E -6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 3 portfolio; or 3) liquidity needs of the portfolio require that the security be sold. The market - average rate of return is defined as the average return on three -month U.S. Treasury Bills. The City strives to maintain one hundred percent (100 %) investment of idle funds after consideration for a compensating balance to cover the cost of services provided by the bank. The funds available for investment are determined by cash flow projections updated daily. Investments are monitored so that legal limits on types of investments are not exceeded. AUTHORIZED INVESTMENTS The "prudent person" standard shall be applied in the context of managing the overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from exceptions are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The City is governed by the California Government Code, Sections 16429.1 and Title 5, Division 2, Part1, Chapter 4, entitled Financial Affairs, commencing with section 53630. Santa Ana further restricts the permitted investments to those listed below. Within this scope, the City diversifies its investments by maturity dates and types of investments. Concentration limits are indicated for all investment categories except Treasury securities, which are considered the safest investments. A. United States Treasury Bills, Notes, and Bonds, for which the full faith and credit of the United States are pledged for payment of principal and interest. Purchases of this category shall not exceed five years to maturity. There is no percentage limit in this category. B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues include, but are not limited to GNMA (Government National Mortgage Association), FFCB (Federal Farm Credit Bank), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), SLMA (Student Loan Mortgage Administration), FHA (Federal Housing Administration) and TVA (Tennessee Valley Authority). Although there 55E -7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 4 is no percentage limitation on these issues, the "prudent investor" rule shall apply for a single agency name as U.S. Government backing is implied rather than guaranteed. C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances, which are eligible for purchase by the Federal Reserve System. Purchases of banker's acceptances may not exceed one hundred, eighty (180) days or forty percent (40 %) of the cost value of the Fund which may be invested pursuant to this section. However, no more than thirty percent (30 %) of the City's cost value of the Fund may be invested in the bankers acceptances of any one commercial bank pursuant to this section. D. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization ( NRSRO). The entity that issues the commercial paper shall be organized and operating within the United States, as a general corporation, shall have total assets in excess of five - hundred, million dollars ($500,000,000), and has debt other than commercial paper, if any, that is rated "A" or higher by NRSRO The entity is organized within the United States as a special purpose corporation, trust, or limited liability company; has programwide credit enhancements including, but not limited to, overalleralization, letters of credit, or a surety bond; has commercial paper that is rated "A -1" or higher, or the equivalent, by an NRSROEligible commercial paper shall have a maximum maturity of two- hundred seventy (270) days or less. The City may purchase no more than ten percent (10 %) of the outstanding commercial paper of any single corporate issue. Purchases of commercial paper may not exceed twenty -five percent (25 %) of the surplus money which may be invested. E. Negotiable certificates of deposit issued by a nationally or state - chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union or by a state - licensed branch of a foreign bank. However, the City shall not invest in negotiable certificates of deposit issued by a state or federal credit union if a member of the City Council or any City personnel with investment decision making authority also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit. The City's investment in negotiable certificates of deposit may not exceed thirty percent (30 %) of the cost value of the Fund. The amount so invested shall be subject to the limitations of Government Code Section 53638 which generally provides that the deposit shall not exceed the shareholder's equity of any depository bank, or the total net worth of any depository savings association or federal association, or the total of the unimpaired capital and surplus of an insured industrial loan company. 55E -8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 5 F. Repurchase Agreements. For purposes of this section, the term repurchase agreement' means a purchase of securities by the local agency pursuant to an agreement by which the seller will repurchase the securities on or before a specified date and for a specified amount and will deliver the underlying securities to a third party custodian. The City may invest in repurchase agreements with primary dealers of the Federal Reserve with which the City has entered into a PSA master repurchase contract which specifies terms and conditions of repurchase agreements. The market value of securities used as collateral for repurchase agreements shall not be allowed to fall below 102 percent of the value of the repurchase agreement and shall be adjusted no less than quarterly by the tri -party custodial agent. The investments in repurchase agreements shall be in compliance if the underlying securities is brought back up to 102% no later than the next business day. Securities that can be pledged for collateral shall consist only of investments permitted within this policy with a maximum maturity of five (5) years. If there is a default of the broker, the collateral securities can be sold. Since the securities are valued daily, it is likely that the sale proceeds will equal or exceed the value of the repurchase agreement amount. Purchases in this category shall not exceed ninety (90) days or twenty percent (20 %) of the cost value of the Fund. G. Local Agency Investment Fund - State Pool. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer under California Government Code Section 16429.1 for the benefit of local agencies. Although there is no percentage limitation on this fund, the "prudent investor" rule shall apply for a single agency name. H. Medium Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated in a rating category of "A" or its equivalent or better by a nationally recognized rating service. Purchases in this category shall not exceed three (3) years to maturity or fifteen percent (15 %) of the cost value of the Fund. Purchases in a single issuer in this category shall not exceed five percent (5 %) of the cost value of the Fund. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: 1. Attain the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs, and 2. Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five (5) years experience investing in the securities and obligations authorized by subsection (a) to (k), inclusive, and subdivisions (m) to (o), inclusive, of Section 53601 of the 41=&411 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 6 Government Code and with assets under management in excess of five - hundred, million dollars ($500,000,000). The purchase price of shares of beneficial interest, (mutual funds) purchase pursuant to this subdivision shall not include any commission that these companies may charge. J. Ineligible investments. Investments not described herein are ineligible investments. The City shall not invest any funds in inverse floaters, range notes, or interest only strips that are derived from a pool of mortgages. In addition, the City shall not invest any funds in any security that could result in zero interest accrual if held to maturity. However, prohibited securities that are in the City's portfolio, as of the date of this policy adoption, may be held until their maturity dates. DEPOSITORY SERVICES Money must be deposited in state or national banks, state or federal savings associations or state or federal credit unions in the state. It may be in inactive deposits, active deposits or interest - bearing active deposits. The deposits cannot exceed the amount of the bank's or savings and loan's paid up capital and surplus. The bank or savings and loan must secure the active and inactive deposits with eligible securities having a market value of one - hundred, ten percent (110 %) of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of one - hundred, fifty percent (150 %) of the total amount of the deposits. A third class of collateral is letters of credit drawn on the Federal Home Loan Bank (FHLB). The treasurer may waive, at his discretion, security for that portion of a deposit which is insured pursuant to federal law. Currently, the first two - hundred, fifty- thousand dollars ($250,000) of a deposit is federally insured. It is to the City's advantage to waive this collateral requirement for the first $250,000 because we receive a higher interest rate. QUALIFIED DEALERS AND INSTITUTIONS: The City shall transact business only with banks, savings and loans and registered investment securities dealers. The purchase by the City of any investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker - dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State - Chartered Bank, a Federal or State Association (as defined by Section 5102 of the Financial Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City's Treasurer's staff shall investigate all institutions 55E -10 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 7 which wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Santa Ana's Investment Policy and Investment Portfolio Guidelines. This will be done annually by having the Financial Institutions complete and return the appropriate questionnaire, and an audited Financial Statement must be provided within one - hundred, twenty (120) days of the Institution's fiscal year -end. SAFEKEEPING OF SECURITIES: To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral for repurchase agreements, shall be kept in safekeeping with "perfected interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery versus payment procedures. INTERNAL CONTROLS: The Executive Director, Finance and Management Services is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse. The Executive Director, Finance and Management Services has developed a system of internal investment controls and a segregation of responsibilities of investment functions in order to assure an adequate system of internal control over the investment function. Internal control procedures address wire controls, separation of duties, delivery of securities to a third party for custodial safekeeping, and written procedures for placing investment transactions. Cash balances are reconciled daily by non - investment employees and reconfirmed by the City's accounting staff. In addition, the City's accounting staff also verifies investment activities and holdings on a monthly basis. The Executive Director, Finance and Management Services shall establish a process for annual independent review by an external auditor to the extent contemplated by generally accepted auditing standards. REPORTING: Under the provisions of Section 53646 of the Government Code, the Executive Director, Finance and Management Services shall render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, investments, and moneys of the City. The report will be submitted on at least a quarterly basis and provided to the Council within thirty (30) days following the end of the quarter. The report will contain the following information on the funds that are subject to this investment 55E -11 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2014 -2015 Page 8 policy: 1) the type of investment, name of the issuer, date of maturity, par and cost in each investment, 2) the weighted average maturity of the investments, 3) any investments, including loans and security lending programs, that are under the management of contracted parties, 4) the market value and source of the valuation, 5) a description of the compliance with the statement of investment policy, and 6) a statement denoting the City's ability to meet its pool's expenditure requirements for the next six months. POLICY REVIEW: This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND YIELD and its relevance to current law, financial and economic trends, and to meet the needs of the City of Santa Ana. Francisco Gutierrez Executive Director Finance & Management Services Agency 55E -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: PUBLIC HEARING —APPEAL NO. 2014 -01 OF SITE PLAN REVIEW NO. 2014 -01 AND TENTATIVE PARCEL MAP NO. 2014-01 TO ALLOW THE CONSTRUCTION OF THE DEPOT AT SANTIAGO MIXED -USE DEVELOPMENT AT 923 NORTH SANTIAGO STREET — C &C DEVELOPMENT, APPLICANT CITY MANAGE RECOMMENDED ACTION Deny Appeal No. 2014 -01. CLERK OF COUNCIL USE ONLY: / =- • o ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°' Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 2. Adopt a resolution approving Site Plan Review No. 2014 -01 as conditioned. 3. Adopt a resolution approving Tentative Parcel Map No. 2014 -01 as conditioned. PLANNING COMMISSION ACTION On May 12, 2014, the Planning Commission adopted a resolution approving Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned by a vote of 5:2 (Bacerra and Bauer opposed) to allow the construction of a multi -level mixed -use residential and commercial development at 923 North Santiago Street located in the Transit Zoning Code (Specific Development No. 84) and Heavy Industrial /Open Space (M2 -OZ) zoning districts. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION C &C Development is requesting approval to allow the construction of a mixed -use residential and commercial development at 923 North Santiago Street. Specifically, the applicant is requesting site plan review approval for a new development within an industrial overlay zone of the Transit Zoning Cade (SD- 84/OZ) as well as approval of a tentative parcel map to allow the sale of the commercial components of the project. Full sized site plans are available for public viewing in the Clerk of the Council Office. 75A -1 Appeal No. 2014 -01 for Site Plan Review No. 2014 -01 Tentative Parcel Map No. 2014 -01 June 17, 2014 Page 2 In response to the Planning Commission's approval of the project, Ms. Sherrilyn Arnold has filed an appeal application of the Planning Commission's decision, contending that the project is not appropriate at this location (Exhibit B). The appeal was filed in accordance with Section 41 -645 of the Santa Ana Municipal Code (SAMC), which allows any interested party, individual or group to file an appeal. f=urther, this section requires the filing of an appeal application within 10 calendar days following the date of the decision by the Planning Commission, which was filed on May 22, 2014 the final day that an appeal could be made. The appeal required the removal of the project from the June 3'd City Council Consent Calendar and the setting of the item as a public hearing on the next available agenda. Per Section 41 -645 (h) of the SAMC, the Council may, after a public hearing, affirm, reverse, change, modify the original decision and make any additional determination it shall consider appropriate within the limitations imposed by Chapter 41. In granting or denying the appeal, Section 41 -646 of the SAMC requires the Council to make written findings of fact that specifies all facts relied upon in rendering its decision. Based on staff's review and analysis of the project, and the project's consistency with the provisions of the Transit zoning Code, staff recommends that the City Council Deny Appeal No. 2014 -01 and adopt a resolution approving Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. FISCAL IMPACT There is no fiscal impact associated with this action. Karen Haluza Interim Executive Director Planning & Building Agency VC:rb vc\repor1s \8PR14.01TPM1401 DepotAtSanbago.xc- Appeal Exhibit: A. Planning Commission Staff Report B. Appeal Application 75A -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 12, 2014 TITLE: PUBLIC HEARING -- FILED BY C &C DEVELOPMENT FOR SITE PLAN REVIEW NO. 2014-01 AND TENTATIVE PARCEL MAP NO. 2014 -01 TO ALLOW THE CONSTRUCTION OF THE DEPOT AT SANTIAGO MIXED -USE DEVELOPMENT AT 923 NORTH SANTIAGO STREET Prepared by _Verny Carvajal Interim Executive�tor PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended Cl As Amended Q Set Public Hearing For DENIED ❑ Applicant's Request C Staff Recommendation CONTINUED TO Actin' lant ing Manager 1. Adopt a resolution approving Site Plan Review No. 2014 -01 as conditioned. 2. Adopt a resolution approving Tentative Parcel Map No. 2014 -01 as conditioned. DISCUSSION Request of the Applicant C &C Development is requesting approval to allow the construction of a mixed -use commercial development at 923 North Santiago Street. Specifically, the applicant is plan review approval for a new development within an industrial overlay zone of the Code (SD- 84/OZ) as well as approval of a tentative parcel map to allow the sale of components of the project. Project Location and Site Description residential and requesting site Transit Zoning .he commercial The project site is comprised of two irregularly shaped parcels located on the east side of Santiago Avenue between Civic Center Drive and Santa Ana Boulevard. The proposed development site will be 1.47 acres in size and encompasses a 1.34 -acre parcel presently occupied by a 10,000 square foot, one -story multi- tenant industrial building and a 0.13 -acre vacant parcel of land. The site is located within the Transit Zoning Code zoning area, which is generally located south of Washington Avenue, east of Ross Street, north of First Street and west of Grand Avenue. The project site is surrounded by a combination of light industrial and single - family residential uses to the north; single - family uses to the east; live /worm lofts to the west and the Santa Ana Regional Transportation Center(SARTC) to the south (Exhibits 1,2 and 3). EXHIBIT A 75A -3 Site Plan Review No. 2014 -01 Tentative Parcel Map No. 2014 -01 May 12, 2014 Page 2 Project Description The proposed project is a four -level mixed use development that will contain 70 residential units and commercial and related non- residential space within two separate buildings. At its completion, The Depot at Santiago will contain approximately 87,478 square feet of gross building area, including 69,820 square feet of residential space and 12,623 square feet of non- residential area including community spaces, leasing office and other common areas. The non - residential square footage includes 9,317 square feet of commercial tenant spaces in buildings 1 and 2; with the remaining square footage to be utilized as a community room and accessory areas such a proposed laundry room and common circulation areas. The retail and community spaces will be constructed on the ground floor along with the first floor of residential units centered around a central courtyard (Exhibits 4 through 11). The project had been designed as a "Courtyard Housing" building type with "Shopfront" frontages where the project interfaces with the street. The project architecture will feature a California Contemporary style architecture which emphasizes simple massing over structural articulation and is :characterized by interlocking volumes of different colors and materials. The architecture will also feature a combination of roof styles, decorative elements such as balconies and awnings and building of differing heights; widths, colors and materials. Building materials will feature smooth trowel stucco, natural brick veneer, cement board horizontal siding, metal window frames, and decorative metal railings. The project will contain a total of 70 one, two and three bedroom units. The units will range in size from 617 square feet for the smallest one- bedroom unit to 1,225 square feet for a three- bedroom unit. Table 1 below provides a breakdown of the units for the residential portion of the project Table 1 Depot at Santiago Residential Unit Summary Unit Tye Units Proposed Percent of total Square Footage 1 bed 15 22% 617 -775 2 bed 24 34 % 925 -1,024 3 bed 31 44 % 1,098 -1,225 Total 70 100% n/a Parking for the project has been provided at a rate of 2.25 parking spaces per unit for the residential component and one parking space per 300 square feet for the non - residential uses. A total of 188 parking spaces are required and will be provided, with 31 parking spaces located at grade to serve the retail and non - residential uses and an additional 157 spaces to be located within a subterranean parking garage. Vehicular access to the proposed project will be taken from Santiago Avenue. 75A -4 Site Plan Review No. 2014 -01 Tentative Parcel Map No. 2014 -01 May 12, 2014 Page 3 An extensive menu of publicly accessible and private amenities is planned for the development. Residents will have access to a centralized open space amenity that will contain a tot lot, barbecue area, picnic tables, game tables and numerous seating options. In addition, an open space area at the southeast section of the site will feature decorative paving with seat walls, a raised stage, outdoor seating areas, and lush landscape features. This open space will serve residents, the retail uses and the community. It will also be used to provide additional outdoor dining areas, small events, art exhibits or food tasting events. Its location immediately adjacent to the SARTC will allow for a walkable amenity available to all residents and members of the public. A corner plaza will also be provided at the intersection of Santa Ana Boulevard and Santiago Avenue to allow for additional outdoor gathering areas and seating for future commercial uses. Finally, an area of the surface parking lot will be utilized as a temporary courtyard for special events or planned social gatherings (Exhibit 12). Interior amenities will also be provided for this project. These include a community space that will be available to residents and social services providers for meetings and similar functions, and a centrally located laundry room for use by residents, The apartments will have dishwashers, central air conditioning, high grade kitchen countertops and cabinets, and low volatile organic compound (VOC) building materials. The project has been designed to achieve a LEED Gold Certification. A parcel map has been filed for condominium purposes, which will allow the commercial component of the site to be subdivided into three parcels. Parcel 1 will contain the residential component of the project. Parcels 2 and 3 will create two separate individual air space condominium units for the non- residential portions of the development. Covenants, Conditions and Restrictions (CC &R's) will be recorded with the parcel map to ensure that the property functions as an integrated development (Exhibit 13). Project Background In June 2010, the City adopted Specific Development No, 84 (SD -84), also known as the Transit Zoning Code, which created detailed regulations for development and land uses within the specific development area. The plan contemplated a mixture of development and open spaces that situate commerce, work places, residences, and civic buildings within walking distance of transit and one another. The plan also established an industrial overlay zone, which allowed existing industrial uses to continue until such time as the property owner applied to develop a project consistent with the Transit Zoning Code. As the owner has submitted a project within the industrial overlay zone area that is consistent with the Plan, the project is, subject to review and approval by the Planning Commission. In May 2013, the Santa Ana City Council approved a loan agreement with C &C Development for the development of this site. The 55 -year agreement targets the development of affordable housing and included provisions related to the retail and a partnership with a local social service provider to offer social services to residents of the community and surrounding neighborhood. 75A -5 Site Plan Review No. 2014 -01 Tentative Parcel Map No. 2014 -01 May 12, 2014 Page 4 The applicant, C &C Development, has developed other affordable housing projects in the city, including the recently completed Terraces at Santiago, a 36 -unit development on the 600 block of East Washington Avenue, a few blocks from the proposed project site. General Plan and Zoning Analysis The General Plan land use designation for the site is Urban Neighborhood (UN), which allows for a mixture of residential uses and housing types, including mid -rise multiple family projects with neighborhood serving retail and public spaces such as the proposed project. Urban Neighborhood Districts primarily focus on vertical or horizontal integration of uses with an emphasis on connecting uses with pedestrian linkages and street frontages. Street connectivity allows for a high degree of walkability, transit options and other forms of transportation. The project is consistent with this land use designation as The Depot at Santiago is located along a major transportation artery and is immediately adjacent to a major transportation center, the Santa Ana Regional Transportation Center (SARTC). The zoning for the subject parcels is Specific Development No. 84 (Transit Zoning Code). One of the parcels, which contains the development for the site, is located within the Urban Neighborhood (UN -2) /Industrial Overlay (I -OZ) zone. The second parcel, containing the proposed open space park, is located within the Urban Neighborhood (UN -1) zone. The proposed project is consistent with these designations as well as the design and development standards for the sites, Project Analysis Site Plan Review The regulating plan for the Transit Zoning Code (SD -84) was adopted in June of 2010 and allows development projects that are consistent with the applicable standards of the code to be approved administratively. Examples of projects that received non - discretionary staff level review and approval include the recently completed Triada mixed -use project on East Santa Ana Boulevard and the Terraces at Santiago on East Washington Avenue. Additionally, properties within the SD -84 zoning area that contained industrial uses at the time the SD- 84 was adopted were approved with an Industrial Overlay Zone (I -OZ) designation that allowed the industrial uses to remain until such time as the property owner applies to modify the zoning district. The applicant is requesting approval of its site plan as the majority of the development site (Parcel 1) is located within an Industrial Overlay Zone (I -OZ). Projects that are located within an overlay zone area are required to be referred to the Planning Commission for their review and approval per Section 41 -2004, which allows the Planning Commission the ability to review 75A -6 Site Plan Review No. 2014 -01 Tentative Parcel Map No, 2014 -01 May 12, 2014 Page 5 development plans for the purpose of ensuring that the buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. Further, the Planning Commission must determine that the proposed project is in conformity with the Specific Development standards. For example, the plan allows multi - family dwellings and retail uses by right. In addition the project complies with all development standards, including height, parking, setbacks, open space and permitted frontage types. The project also complies with the selected Courtyard Housing Building Type and is consistent with the guidelines for California Contemporary architecture as found in the plan. Table 2 below provides a breakdown of the project's compliance with these standards: Table 2 Transit Zoning Cade Development Standards Summary SD -84 Zoning Standards Current Proposal Land Use: Multi - Family Dwelling General Retail Multi - Family Dwelling General Retail Building Type: Courtyard Housing Courtyard Housing Architectural Type: California Contemporary California Contemporar Height: Up to 4- stories _ 4- stories Frontage Type: Sho front Frontage Type Shopfront Frontage Type Building Setbacks: Front Yard 10 feet 10 feet Street Side 10 feet 10 feet Side Yard 12 feet 4 Story) 33 feet Rear Yard 15 feet 16 feet Alley Yard 3 feet n/a Residential Parking: 2.25 spaces/unit (incl. guest) 2,25 spaces/unit Non- Residential Parking: 1/300 square feet 1 /300 Open Space Standard 15% of each design lot 15 % per 2 design lots Private Open Space 90 square feet per unit 90 square feet per unit Based on the analysis, the proposed Depot at Santiago mixed -use residential project as proposed would be consistent with the Transit Zoning Code and the Urban Neighborhood 2 designation. Tentative Parcel Map The applicant proposes to merge the two existing parcels into one development site and obtain a tentative parcel map to create three air space condominiums. The proposed subdivision will have no detrimental effects on the land uses as prescribed by the General Plan as the project will serve only to 75A -7 Site Plan Review No. 2014 -01 Tentative Parcel Map No. 2014 -01 May 12, 2014 Page 6 consolidate existing property lines and create condominium air space rights. It is a common lot type development with ownership of the commercial units and common area access, parking and landscaped areas. The property is zoned Specific Development No. 84 (SD -84) which allows both residential and commercial uses. The proposed commercial air space condominiums will create financial options for the property owner which will result in supporting the City's commercial base, The subdivision is consistent with the City's General Plan and complies with the Subdivision Map Act and is consistent with Chapters 34 and 41 of the Santa Ana Municipal Code. No variances are required for the proposed project. Covenants, Conditions and Restrictions (CC &Rs) addressing site drainage, reciprocal access, landscaping, maintenance and utility easements will be recorded prior to approval of the final map. The recording of the final map will also be required prior to the sale of any individual units. Communitv Meetincis, Public Notification and Outreach The project site is located near the boundaries of the Logan and Lacy Neighborhood Associations. A community meeting was held on October 21, 2013 per the requirements of the Sunshine Ordinance. The applicant presented the project to the neighborhood and approximately 40 residents attended the meeting. The neighborhood inquired about additional traffic, safety, project maintenance and additional apartment units in the immediate area. The applicant prepared responses to each area of concern and prepared a circulation analysis to address issues related to traffic and safety. The applicant also understood the desire for a varied mix of retail tenants and was open to exploring options for future tenants. In addition, the applicant had numerous meetings with representatives of the Logan and Lacy neighborhood and the Santiago Lofts. On February 10, 2014, the project was presented to the Planning Commission as a study session item. A second neighborhood meeting was held on February 25, 2014. City staff presented the latest drawings and presented the proposed schedule for the project. A few comments related to traffic impacts and affordable housing was added to the list of concerns. In addition, the neighborhood contacts of the Logan and Lacy Neighborhood Associations and the Santiago Lofts HOA were notified by phone and by mail 10 days prior to this public hearing. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to property owners and tenants within 500 feet of the project site, as well as concerned citizens listed on the Permanent Notification List. At the time of this printing, no additional areas of concern were raised, or has any correspondence, either written or electronic, been received from any members of the public. 75A -8 Site Plan Review No, 2014 -01 Tentative Parcel Map No. 2014 -01 May 12, 2014 Page 7 CEQA Analysis In accordance with the California Environmental Quality Act (CEQA), the recommended actions have been determined to be adequately evaluated in the previously certified EIR No. 06 -02 as per Section 15162 of the CEQA guidelines. All mitigation measures in EIR No. 06 -02 and associated Mitigation Monitoring and Reporting Program (MMRP) requirements have been enforced and continue to apply to the proposed project. As required by the MMPR, a circulation and air quality analysis were performed to analyze any potential changes in either traffic or air quality as a result of the proposed development. The studies concluded that no additional significant impacts that would trigger the requirement for additional environmental review (Exhibits 14, 15 and 16). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. Verny Carvajal _ Senior Planner VC :jm v6repotls\HPR14.01TPM1401 DepatAtSantlago,pc Attachments: Exhibit 1— Vicinity Map Exhibit 2 Land Use Map Exhibit 3 — Photo Exhibit Exhibit 4 — Ground Level Site Plan Exhibit 5 — 2nd and 3rd Floor Plan Exhibit 6 — 4th Floor Plan Exhibit 7 — Podium Parking Plan Exhibit 8 — Building 1 Elevations Exhibit 9 — Building 2 Elevations (east/west) Exhibit 10 — Building 2 Elevations (north /south) Exhibit 11 — Street Level Elevations Exhibit 12 Landscape and Hardscape Plan Exhibit 13 — Tentative Parcel Map Exhibit 14 — Mitigation Monitoring and Reporting Program (MMRP) Exhibit 15 — Circulation Study Exhibit 16 — Air Quality Analysis 75A -9 J SEVEMEENTH �SL_J I I I ST. fi3 r n cr cT n A �- o CS Q _ ' +Ir NI asn sP sv sLF m 8 p4 P. �i4„ AT NI Cl m R1 �Y t� CI �e w rz O zrvs a �a > ASP SP HERE L.2 9 ar D RI RI. RI Rl.. �3 V1 , Gin I� EsP m s� n ufi m D MI Njt� n/' W . 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COMMERCIAUMUSEUM DISTRICT M2 HEAVY INDUSTRIAL 50 SPECIFIC DEVELOPMENT C2 GENERAL COMMERCIAL OS OPEN SPACE SP SPECIFICPLAN CA PLANNEDSHOPPINGCENTER -OZ OVERLAY ZONE TV 1RANSITVIU.AGE C5 ARTERIAL COMMERCIAL P PROFESSIONAL uC URRANCENTER CDR COIINOOR PRO PLANNED RESIDENTIAL DEVELOPMENT UN-i CHEAP REMITS ORHOODI CR COMMERCIAL RESIDENTIAL no SINGLE - FAMILY REEIOENCE UN2 LRRANNEIGHRORHOODZ SPR 2014 -1 /PM 2014 -1 k DEPOT AT SANTIAGO SY 923 NORTH SANTIAGO STREET - =500 F&7 P' =1000 F117 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 75A -10 SPR 2014 -1 /PM 2014 -1 DEPOT AT SANTIAGO (s 923 NORTH SANTIAGO STREET Syr 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 75A -11 A m A A m m r m m s z _ 0 O m O m t(' 9 IPA y � z z r a r �,A 9� 'g n. INDU TRIAL r 0 INDUST 1A N INDUST. A z LIVE - 0 WORK LOFTS 0 1p SANTA ANA REGIONAL LIVE - -7G TRANSPORTATION WO R I< CENTER LOFTS G INDUSTRIAL SPR 2014 -1 /PM 2014 -1 DEPOT AT SANTIAGO (s 923 NORTH SANTIAGO STREET Syr 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 75A -11 er SPR 2014 -01 & PM 2014 -1 THE DEPOT AT SANTIAGO MIXED -USE 923 NORTH SANTIAGO STREET EXHIBIT 3 75A -12 'GA19 VNV VINVS Cl,dvis EXH I BIT 4 75A.13 oz, -u z M\ \] \ \8 Ll< < XT ui 0 0 < 0 < o j \( zl:K < z o go u 0 z ƒ \ EXHIBIT 5 75A-14 0 ce 0 < 0 N NN Z u SiLL NY Z < Z yi :Y "t EXHIBIT 75A.15 \\ G2 j& \ / \/ \ / \� �} ) ^( k /} \} \/ w4 { \ } , \ � }� \� EXHIBIT 7 75A -16 C� 0 0 os Z , �e U, 0 0 0 < z U L4 < < gl�z O. ¢ 2£ >e 'o jZ Me z< §� ! § \P t; \/ \\ <s ; i § ; < \\ \z 2z z< «° z < t\ < V) :o < (¢ }[: :o § ; <Z cu i QI -LLJ ee) <2 COGG)w! &§)o �!CL {])LU z o « , \/ � !; ) ; ! ,\ dKI5 \ |\ z \� WTI ff ff W. 75A.18 z 0 Z!, 0 OU ui Ez} < 0 D u z ( \ \\\\/ \ / ` \ \ \� \\ \ : z @ \� mZ < u {m % 0 u $ \ 2% }0 \/ ,< $® 2 2 EXHIBIT 10 75A.19 0 \£ 32 22 jZ z< ¢ ~ / ƒ} \ $ §© �Z 0 00 :< <, \�Lu <e } <( 3 � �\3 } . § ;{ 3� \ ` 2H., $ E z 0 F- ci > z u 0< z WIMI-lill z 0 \� 0 Z C� - < u D 0 u LLI Z Lu U LLI \ Z ! ` � ] \ � » § ) \ ; \ \ ® I � \ u / z / \ > 0 ƒ\ /\ �} <\ Q\ 0 0 \: \ƒ /\ 0 \ / \ b W^ \\ \! \\ j!ME \� / !` ƒ \ � » § ) \ ; \ \ ® I � \ u / z / \ > 0 ƒ\ /\ �} <\ Q\ 0 0 \: \ƒ /\ 0 \ / \ b W^ \\ \! \\ j!ME \� VNV VlNYSy L 1, dal Z� I D7 MIMS lu OVV:fM VNV VIAW ICE � ---------- - — . ............. MOT, I VNV I 41 I --T 0 1 —L�ms q — -- ----------- Rv VJNVS O ,Mvtkm The complete Mitigation Monitoring and Reporting Program (MMRP) is a separate document of the staff report. The MMRP can also be found at the Planning Division and on the City's webpage at http://www.santa- ana.org/pba/planninq/Dei)otat5,qntiago.a� EXHIBIT 14 75A -23 The complete Circulation Study is a separate document of the staff report. The Circulation Study can also be found at the Planning Division and on the City's webpage at http://www.santa- ana.org/pba /planning /DepotatSantiago.asp 75A -24 The complete Air Quality Analysis is a separate document of the staff report. The Air Quality Analysis can also be found at the Planning Division and on the City's webpage at http://www.santa- ana.org/pba /planning /DepotatSantiago.asp EXHIBIT 16 75A -25 ROH — 05/12/14 0&f ►10i xzy«N� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2014 -01 AS CONDITIONED AND APPROVING TENTATIVE PARCEL MAP NO. 2014 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The Applicant is requesting approval of a site plan review and a tentative parcel map to allow the construction of The Depot at Santiago mixed -use development, including 70 residential units and commercial and related non- residential space, at 923 North Santiago Street. B. Site Plan Review No. 2014 -01 and Tentative Parcel Map No. 2014 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 12, 2014. C. Applicant has requested approval of Site Plan Review No. 2014 -01 as conditioned. 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance with the approved SD. In addition, Section 41 -2004 of the Santa Ana Municipal Code requires that projects within an Overlay Zone be referred to the Planning Commission for review and approval. 2. Based on the following review, the project is in compliance with all applicable development standards outlined for an Industrial Overlay Zone (I -OZ) within the Transit Zoning Code Specific Development No. 84 (SD -84) and the Urban Neighborhood 2 designation. D. For Tentative Parcel Map No. 2014 -01, the Planning Commission of the City of Santa Ana determines that the following findings have been established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood (UN) Resolution No. 2014 -15 Page 1 of 6 75A -26 designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2014 -01 will have no adverse effect on the land uses as prescribed by the General Plan. The project will serve to create new air space condominiums and will continue to function as one integrated development. The Depot at Santiago will be managed and developed in a single phase and operate as one integrated development site. Once completed, the project will create consistency with the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2014 -01 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code. These provisions pertain to the subdivision of land and development standards for the site. Additionally, the project will be in compliance with the recently adopted Specific Development No. 84 also known as the Transit Zoning Code as well as all applicable building codes related to the project. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2014 -01 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for air space subdivision purposes only and does not alter the overall density or development of the project as a whole. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife. The originally certified Environmental Impact Report were analyzed in light of the proposed project and it was determined that there are no new significant impacts resulting from the proposed project. 5. The design or improvements of the proposed project will not cause serious public health problems. Resolution No. 2014 -15 Page 2 of 6 75A -27 No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC &Rs) will need to be recorded for this project. These CC &Rs will ensure that access, egress, and other necessary easements are maintained over the three parcels. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended actions have been determined to be adequately evaluated in the previously certified EIR No. 06 -02 as per Section 15162 of the CEQA guidelines. All mitigation measures in EIR No. 06 -02 and associated Mitigation Monitoring and Reporting Program (MMRP) requirements have been enforced and continue to apply to the proposed project. As required by the MMPR, a circulation and air quality analysis were performed to analyze any potential changes in either traffic or air quality as a result of the proposed development. The studies concluded that no additional significant impacts that would trigger the requirement for additional environmental review. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Site Plan Review No. 2014 -01 as conditioned in Exhibit "A" attached hereto and incorporated herein for the project located at 923 North Santiago Street. B. Tentative Parcel Map No. 2014 -01 as conditioned in Exhibit "B" attached hereto and incorporated herein for the project located at 923 North Santiago Street. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 12, 2014, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2014 -15 Page 3 of 6 75A -28 ADOPTED this 12th day of May, 2014. AYES: Commissioners: Alderete, Gartner, Mill, Nalle, Yrarrazaval (5) NOES: Commissioners: Bacerra, Bauer (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan 0. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2014 -15 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on Mav 12, 2014. Date: Acting Recording Secretary of the Planning Commission City of Santa Ana 75A -29 Resolution No. 2014 -15 Page 4 of 6 Conditions of Approval for Site Plan Review No. 2014 -01 Should the Planning Commission approve Site Plan Review No. 2014 -01, the approval is 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 Site Plan Review. The applicant must remain in compliance with all conditions listed below throughout the life of the Site Plan Review. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2013 -40 and staff report exhibits. 2. The project shall remain in compliance with Environmental Impact Report No. 06 -02, including Mitigation Monitoring Plan. 3. Landscaping shall be maintained per the approved landscape plan. After project occupancy, landscaping is to be maintained to include the required plant materials installed at the time of occupancy and per the approved plan. 4. A Parking Management Plan documenting how the tandem parking stalls will function must be submitted prior to submittal into building plan check. 5. All signs for the proposed project shall comply Section 41 -2050 of the Transit Zoning Code and be submitted the case planner for review and approval. 6. Covenants, Conditions and Restrictions (CC &Rs) shall be provided for the project. At a minimum, the CC &Rs shall include provisions pertaining to owner occupancy, restrictions on home -based businesses, the prohibition of storage on balconies, and a restriction on truck delivery hours to non -peak periods shall be submitted prior to building plan check. 7. Prior to submittal into building plan check, provide a detailed mock -up with proposed window type, inset and trim surround. The mock -up should include the proposed 20/30 stucco finish, brick veneer and siding to be used. m�s_J Resolution No. 2014 -15 Page 5 of 6 75A -30 Conditions for Approval for Tentative Parcel Map No. 2014 -01 Should the Planning Commission approve Tentative Parcel Map No. 2014 -01, the approval is 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 parcel map. The applicant must remain in compliance with all conditions listed below throughout the life of the parcel map. Failure to comply with each and every condition may result in the revocation of the parcel map. A. Planning Division 1. The Final Map is required to be recorded within two years of the date of approval of the tentative map by the City Council. 2. Two copies of the recorded Final Map and CC &Rs need to be submitted each to the Planning Division and Public Works Agency within 10 days of recordation. 3. All development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 4. All development within the area of the map is subject to all design and development standards in effect at the time of permit issuance. 5. The tentative map, final map, and all improvements required to be made or installed by the subdivider will be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Conditions, Covenants and Restrictions (CC &Rs) will need to be recorded in conjunction with the recordation of the Final Map. The CC &Rs will need to include provisions for shared parking, access and egress, landscaping and site maintenance. 7. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2013 -40. Omura Resolution No. 2014 -15 Page 6 of 6 75A -31 75A -32 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 JM-20) Santa Ana, CA 92702 (714)647.6804 L OWNERIAPPLICANT Applicant Full name of Person, Finn, or Corporation 918 E. Civic Center Dr., Santa Ann 92701 ( 310 ) 701,1184 Mailing Address Area Code Phone No. Legal Owner Name: same as above Legal Owner Address: same as above Phone No.: ( ) cents as above ( 11. PROPERTY INFORMATION (subject site appeal) Fax: ( Land Use Proposed 70 Unit Mixed-Use Project ST84 UN Existing t:nntd Use of property and/or Building Zoning District General Plan Des1g;a—flon N. Santiago S, a Blvd. Location 9231 Santa An, Street Address Name of Nearest intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS Ill, REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (if additional space is needed, please attach additional comments to the back of this application.) Applicants Signature: 191;'m Date: U APPEAL APPLICATION NO. cmlcntr-frm%ppesl 6/00 EXHIBIT B 75A-33 75A -34 ROH — 06/09/14 RESOLUTION NO. 2014 -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2014 -01 AND AFFIRMING APPROVAL OF SITE PLAN REVIEW NO. 2014 -01 AS CONDITIONED AND TENTATIVE PARCEL MAP NO. 2014 -01 AS CONDITIONED FOR THE PROPERTY LOCATED AT 923 NORTH SANTIAGO STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. C &C Development requested approval of a site plan review and a tentative parcel map to allow the construction of The Depot at Santiago mixed -use development, including 70 residential units and commercial and related non- residential space, at 923 North Santiago Street. B. Site Plan Review No. 2014 -01 and Tentative Parcel Map No. 2014 -01 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 12, 2014. At that time, the Planning Commission adopted a resolution approving Site Plan Review No. 2014- 01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. C. The Planning Commission's decision to approve Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned was appealed to the City Council by Ms. Sherrilyn Arnold on May 22, 2014, contending that the project is not appropriate at this location (Appeal No. 2014 -01). Santa Ana Municipal Code section 41 -645 allows any interested party, individual or group to file an appeal. D. Appeal No. 2014 -01 came before the City Council of the City of Santa Ana for a duly noticed public hearing on June 17, 2014, to consider all testimony, written and oral. E. C &C Development requested approval of Site Plan Review No. 2014 -01 as conditioned. 1. Section 41- 593.5(c) of the Santa Ana Municipal Code requires the Planning Commission to review all plans within a Specific Development zoning district to ensure the project is in conformance Resolution No. 2014 - 75A-35 Page 1 of 5 with the approved SD. In addition, Section 41 -2004 of the Santa Ana Municipal Code requires that projects within an Overlay Zone be referred to the Planning Commission for review and approval. 2. Based on the Planning Commission's review, the project is in compliance with all applicable development standards outlined for an Industrial Overlay Zone (I -OZ) within the Transit Zoning Code Specific Development No. 84 (SD -84) and the Urban Neighborhood 2 designation. F. For Tentative Parcel Map No. 2014 -01, the Planning Commission of the City of Santa Ana determined that the following findings were established: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood (UN) designation of the General Plan and are otherwise consistent with all other elements of the General Plan. Tentative Parcel Map No. 2014 -01 will have no adverse effect on the land uses as prescribed by the General Plan. The project will serve to create new air space condominiums and will continue to function as one integrated development. The Depot at Santiago will be managed and developed in a single phase and operate as one integrated development site. Once completed, the project will create consistency with the General Plan. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. Tentative Parcel Map No. 2014 -01 is in keeping with the provisions of Site Plan Review and Chapters 34 and 41 of the Santa Ana Municipal Code. These provisions pertain to the subdivision of land and development standards for the site. Additionally, the project will be in compliance with the recently adopted Specific Development No. 84 also known as the Transit Zoning Code as well as all applicable building codes related to the project. 3. The project site is physically suitable for the type and density of the proposed project. Tentative Parcel Map No. 2014 -01 will not create a condition that makes the subdivision physically unsuitable for the site. This proposed project is for air space subdivision purposes Resolution No. 2014 - 75A-36 Page 2 of 5 only and does not alter the overall density or development of the project as a whole. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map will not cause any environmental damage nor injure fish or wildlife as no fish or wildlife. The originally certified Environmental Impact Report were analyzed in light of the proposed project and it was determined that there are no new significant impacts resulting from the proposed project. 5. The design or improvements of the proposed project will not cause serious public health problems. No alterations are proposed to the development project that will lead to serious damage or create public health problems. The project was analyzed through the environmental review process to ensure that no environmental or health problems will be created. As a result, approval of the tentative parcel map will not affect the health or safety of persons residing in the vicinity. 6. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. Approval of the tentative parcel map will not create any conflicts with existing easements found on the site. As a condition of approval of the parcel map, conditions, covenants and restrictions (CC &Rs) will need to be recorded for this project. These CC &Rs will ensure that access, egress, and other necessary easements are maintained over the three parcels. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended actions have been determined to be adequately evaluated in the previously certified EIR No. 06 -02 as per Section 15162 of the CEQA guidelines. All mitigation measures in EIR No. 06 -02 and associated Mitigation Monitoring and Reporting Program (MMRP) requirements have been enforced and continue to apply to the proposed project. As required by the MMPR, a circulation and air quality analysis were performed to analyze any potential changes in either traffic or air quality as a result of the proposed development. The studies concluded that no additional Resolution No. 2014 - 75A-37 Page 3 of 5 significant impacts that would trigger the requirement for additional environmental review. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby denies Appeal No. 2014 -01, and affirms the Planning Commission's findings and approval of Site Plan Review No. 2014 -01 as conditioned and Tentative Parcel Map No. 2014 -01 as conditioned. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 12, 2014, and exhibits attached thereto; the Request for Council Action dated June 17, 2014, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 12 Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor 75A -38 Resolution No. 2014 - Page 4 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2014 - 75A-39 Page 5 of 5 75A -40 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: PUBLIC HEARING — REAFFIRM AND REVISE THE FISCAL YEAR 2014 -15 CITY BUDGET J CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-T-1-0111WIRk ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating monies for the fiscal year commencing July 1, 2014. 2. Adopt a Seven -Year Capital Improvement Program (CIP) from fiscal year 2014 -15 through fiscal Year 2020 -21 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. Adopt a resolution amending resolution numbers 82 -110, 91 -066 and 96 -095 to effect certain changes to the City's basic classification and compensation plans. DISCUSSION On June 17, 2013, the Mayor and City Council approved the City's 2013 -15 two -year budget. The 2013 -15 budget fulfills the City's mission to deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. The primary fiscal objective is to establish the foundation and base -line to build upon future budgets as well as community and organizational needs. As such, this budget continues established objectives and strategies adopted under the five -year Strategic Plan to move the City into long -term financial stability while maintaining core programs and services to the extent possible. The total annual proposed revised budget for fiscal year 2014 -15 is $430,987,112. The proposed revisions incorporate all funded appropriations related to the General Fund, Internal Service, Enterprise, Special, Community Development and Housing, Capital Improvement Projects and Grant funding. The proposed revised 2014 -15 General Fund budget is estimated at $208.9 million and equates to approximately 50% of the total annual proposed budget. The General Fund 7513-1 -1 Public Hearing — Reaffirm and Revise the Fiscal Year 2014 -15 Budget June 17, 2014 Page 2 supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. Additionally, the revised General Fund budget incorporates over $3M in funding for the five -year Strategic Plan which is scheduled to commence July 1, 2014. In an effort to protect critical front -line services provided to the public, the proposed revisions to the 2014 -15 budget continue to incorporate various expenditure reduction strategies which include fire and medic services through the Orange County Fire Authority, employee retirement cost sharing, implementing workforce changes, and continued evaluation of all business practices to achieve innovation and efficiency cost savings. The proposed revisions to the 2014 -15 General Fund budget continue the City's commitment to fiscal stability by allocating additional funding to attain a target reserve level of 20% of operations. As of June 2013, the City's reserves levels increased to over $30M (or the equivalent of 15% of operations). Included in the revised 2014 -15 budget is approximately $1.3M in additional reserve appropriations. Staff anticipates reserve levels to reach a target level of $41.7M (or approximately 20% of operations) in 2015 and well ahead of schedule. With regard to workforce changes, a net total of 2 positions will be added to the 2014 -15 budget. In addition, the proposed resolution amends prior resolutions by adding classification titles and 6- step and 15 -step salary rate ranges, and the designation of several new classification titles, most of which also result from departmental reorganizations to implement the five -year Strategic Plan. FISCAL IMPACT With approval of the proposed revisions to the fiscal year 2014 -15 budget, $430.9M will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $208.9M will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency (1L� 75B -1 -2 LS 6/3/14 ORDINANCE NO. NS- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2014 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The City Manager has prepared and submitted to this Council, pursuant to the provisions of Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2014. On June 17, 2013, Council had approved a two -year budget; at this time council is reaffirming and revising the 2014 -2015 fiscal year of said two -year budget. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon said proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in said Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as hereinbefore stated, together with any supplemental revisions and amendments thereto, was approved, adopted and fixed by the Council as the updated budget of the City for fiscal year 2014 -2015, commencing July 1, 2014, in the amounts and for the funds, purposes, functions, department activities and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. Said adopted budget, including said supplemental revisions and amendments, together with a copy of this appropriation ordinance, shall be placed in the official files of the Clerk of the Council. SECTION 2: There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective objects and purposes specified in that certain document entitled "Fiscal Year 2013 -2015 Adopted Budget with attached revisions ", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2014 -2015, the several amounts stated as proposed expenditures from said funds, respectively, in those 75B -1 -3 columns of said Budget that are headed "Adopted FY 14 -15. Each aggregate of expenditures so specified in said Budget for said fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of said Budget, the aggregate expenditure authorized for all programs in said Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Charter Section 609. SECTION 3: The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in such Budget. SECTION 4: No warrant shall be issued or indebtedness incurred for any purpose which exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. SECTION 5: The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in said Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. SECTION 6: One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. SECTION 7: The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program commencing at 2014 -2015, as set forth in the 2014 -2015 City Budget with attached revisions. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2014. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. 75B -1 -4 SECTION 10: All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. 75B -1 -5 ADOPTED this day of June, 2014. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Bv: Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2014, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: June , 2014 Clerk of the Council City of Santa Ana 75B -1 -6 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEAR 2014 -2015. 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; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2014 -2015, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75B -1 -7 Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Redevelopment Project Manager I Redevelopment Project Manager II Redevelopment Project Manager III 7 -Step Salary Rate Range Effective 7/1114 SRR Monthly Salary Minimum - Maximum 663 $5304 - $7107 703 $6446 - $8641 723 $7107 - $9529 B. Adding, in alphabetical sequence, the following full time classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Community Events Supervisor Stores and City Yard Property Specialist 7 -Step Salary Rate Range Effective 7/1114 SRR Monthly Salary Minimum - Maximum 668 $5434 - $7283 612 $4132 - $5542 Section 3: That Section 3A Executive Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting the following full time classification title at the flat monthly salary as indicated: Classification Title City Law Enforcement Liaison (EM) Monthly Salary Rate Effective 7/1/14 SRR Flat Monthly Salary EM -37 $22083 B. Adding, in alphabetical sequence, the following full time classification title at the monthly fifteen -step salary rate range indicated: Classification Title 15 -Step Salary Rate Range Effective 8/1114 SRR Monthly Salary Minimum - Maximum Special Assistant to the City Manager (EM) EM -37 $10596 - $14971 C. Designating the newly created classification title of Special Assistant to the City Manager as Executive Management by assigning the parenthetical identifier "(EM)" after this classification title. Section 4: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by deleting the following full time classification title at the monthly seventeen -step salary rate range indicated: 75B -1 -8 Classification Title 17 -Step Salary Rate Ranqe Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Redevelopment Program Manager (MM)MM -26 $8961 - $13300 Section 5: That the full time classification title of Community Preservation Manager (MM) receive the following adjustment in designation and compensation: A. Delete it from Section 3B Middle Management Classifications of Resolution No. 91 -066 at the monthly seventeen -step salary rate range as follows: Classification Title 17-Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Community Preservation Manager(MM) MM -26 $8961 - $13300 B. Add it, in alphabetical sequence, to Section 3 Designation of administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, at the monthly five -step salary rate range as follows: Classification Title 5 -Step Salary Rate Range Effective 7/1114 SRR Monthly Salary Minimum- Maximum Community Preservation Manager (AM) AM743 $7837 - $9529 C. Designating the classification title of Community Preservation Manager as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. Section 6: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by: A. adding, in alphabetical sequence, the following full time classification title at the monthly five -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Benefits and Compensation Supervisor (AM) AM732 $7427 - $9029 B. Designating the newly created classification title of Benefits and Compensation Supervisor as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. 75B -1 -9 Section 7: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 8: That except as stated otherwise above, this Resolution shall be operative from and after July 1, 2014. ADOPTED this 17th day of June, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Is 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 June 17, 2014. Date: 75B -1 -10 Clerk of the Council City of Santa Ana CLASS DELETIONS (N =6) Full Time 2014 -2015 BUDGET RESO WORKSHEET Pos 9 SRR Monthly Salary Unit RESO City Law Enforcement Liaison (EM) 03395 EM $22083 EM 91 -066 Community Preservation Manager (MM) MM -26 668 $8961- 13,300 SAMA 91 -066 Redevelopment Program Manager (MM) 00605 MM -26 $8961 - $13300 SAMA 91 -066 Redevelopment Project Manager I 00580 663 $5304 -$7107 SEIU 82 -110 Redevelopment Project Manager Il 00590 703 $6446 -$8641 SEW 82 -110 Redevelopment Project Manager IIl 00600 723 $7107 -$9529 SEIU 82 -110 CLASS ADDITIONS (N =5) Pos 9 SRR Monthly Salary Unit RESO Full Time Benefits and Compensation Supervisor (AM) AM732 $7427 -$9029 SAMA 96 -095 Community Events Supervisor 00460 668 $5434 -$7283 SEIU 82 -110 Community Preservation Manager (AM) AM743 $7837 -$9529 SAMA 96 -095 Stores and City Yard Property Specialist 612 $4132 -$5542 SEIU 82 -110 Special Assistant to the City Manager (EM)* EM -37 $10596- $14971 EM 91 -066 ADJUSTMENTS FROM TO SRR SRR Monthly Salary Unit RESO Community Preservation Manager (MM) MM -26 $8961- 13,300 SAMA 91 -066 Community Preservation Manager (AM) AM743 $7837 -$9529 SAMA 96 -095 • With the exception of SA to the CM (effective 8/1/14), all other changes effective 7/1/14. 75B -1 -11 75B -1 -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: FISCAL YEAR 2014 -15 MISCELLANEOUS FEE RESOLUTION .1 /Z� CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the fiscal year (FY) 2014 -15 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees, and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the associated services. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect these costs. The FY 2014 -15 Miscellaneous Fee Resolution identifies all fees assessed as well as those recommended for adjustment. The FY 2014 -15 Miscellaneous Fee Schedule includes the establishment of five new fees which include: Permit Renewal /Extension, Vehicle Processing, Street Closure Permit - Accelerated Processing, cleaning deposits, and event space rental at The Depot. In addition, the fee schedule includes the continued waiver of the Credit Card Processing fee; waivers of two historic property fees; a fee reduction for Police Security Services; and increases in the Downtown Event Litter Control deposit, Street Name -Sign fee, False Alarm fees, and Rate for Construction Inspectors associated with capital projects. FISCAL IMPACT It is estimated that the proposed fee schedule will generate an additional $258,350 in general, internal, and enterprise fund revenue. APPROVED AS TO FUNDS AND ACCOUNTS: ti. s�'4 is A1 n . L o a Francisco Gutierrez Executive Director Finance and Management Services .J 75B -2 -1 75B -2 -2 LS 6/2/14 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2014 -2015 AND REPEALING IN PART RESOLUTION NO. 2013 -031 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. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2014 -2015 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2014- 2015, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 2.2 %, so that certain proposed fees for Fiscal Year 2014 -2015 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2013 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 2.2% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 2.2% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 2.2 %. Such charges are listed in the `Proposed New Miscellaneous Fees' and `Proposal to Modify 75B—Resolution No. 2014 -XXX L Page 1 of 3 Existing Fees', attached to the staff report submitted for this matter, and made a part hereof by this reference. G. In order to have a single comprehensive document for Fiscal Year 2014 - 2015, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be one comprehensive source of City fees and service charges. H. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. I. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2014 -2015 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2013 -031 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2013 -031 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2014. 75B—Resolution No. 2014 -XXX L 4 Page 2 of 3 ADOPTED this day of June, 2014. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Lisa Storck 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 June , 2014. Date: Clerk of the Council City of Santa Ana 75B—Resolution No. 2014 -XXX L Page 3 of 3 City of Sa P u) pals u 41U EC7 Ll 75B -2 -6 If you have any questions regarding the fees or rates in this document, please contact the appropriate departmental representative listed below: SECTION REPRESENTATIVE PHONE All Departments Budget Office 647 -5420 Clerk of the Council Maria D. Huizar 647 -6520 Finance & Management Services Christine Duarte 647 -5440 Fire Services Budget Office 647 -5420 Police Department Robert Carroll 245 -8135 Public Works Agency Margaret Mercer 647 -5050 Library Services Silvia Cuevas 647 -5254 Parks, Recreation & Community Services Francisco Hernandez 571 -4218 Community Development Agency Susan Gorospe 647 -5376 Planning & Building Agency Matt Foulkes 667 -2712 If you have any questions regarding the Miscellaneous Fee Process, please contact the Budget Office at 647 -5420. 75B -2 -7 TABLE OF CONTENTS Section Department Page I ALL DEPARTMENTS 1 II CLERK OF THE COUNCIL 5 III COMMUNITY DEVELOPMENT AGENCY 6 IV FINANCE & MANAGEMENT SERVICES 7 V FIRE SERVICES 9 VI LIBRARY 12 VII PARKS, RECREATION & COMMUNITY SERVICES 14 VIII & IX PLANNING & BUILDING AGENCY 21 X POLICE 69 XI PUBLIC WORKS 77 Appendix Summary of New and Modified Fees 85 75B -2 -8 This Page Intentionally Left Blank 75B -2 -9 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION ALL DEPARTMENTS Certification - Any Public Record Each 2.90 2.96 Certification (Excluding Public Records) Each 2.15 2.20 Copy of Public Records (from Paper, Fax, Microfilm, or Other Media) In General (excluding Police Accident Reports) Size up to 8 1/2" x 14" Each Page 0.20 0.20 Oversized (larger than 8 1/2" x 14 ") Each Page Actual Cost Actual Cost Postage Charges Each Actual Cost Actual Cost Subpoena Duces Tecum - same as above general fees plus the following Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and preparation thereof. The Executive Director ofFinance & Management Services shall report such exceptions to the City preparing documents Hour 25.04 24.00 shall be exempt from paying theses charges for single copies for official use. Quarter hour or Preparation of Administrative Records Deposit to be applied to copy charges of fraction thereof 6.26 6.00 Charges paid to a third person for retrieval and Agenda only: return of records held by that third person Each Actual Cost Actual Cost Witness Fees Per Day 156.51 150.00 Police /Fire Per Day 275.00 275.00 at tender of Subpoena plus full cost that city incurs in terms ofsalary and traveling expenses for employee All other Employees 150.00 150.00 at tender of Subpoena plailull cost that city incurs in terms ofsalary and traveling expenses for employee Mileage Fees (per mile, each way) Each 0.56 0.20 NOTE: Copies of maps, documents, graphs, or special work may be furnished upon the payment of the cost ofprinting and preparation. In cases where a regular established price is unavailable, the Department Ilead, in collaboration with the Executive Director ofFinance & Management Services, may establish a price consistent with the cost ofprintiing and preparation thereof. The Executive Director ofFinance & Management Services shall report such exceptions to the City Manager. It shall be the responsibility of the City Manager to review costs annually and make such recommendations to the City Council as required to keep rates consistent with costs. Government agencies and their official representative(s) shall be exempt from paying theses charges for single copies for official use. Preparation of Administrative Records Deposit to be applied to copy charges of $0.20 per page. Deposit -Flat Rate 109.56 111.97 Subscriptions Agenda only: Council Annual 75.13 76.78 Boards/Commissions Annual 37.57 38.39 Minutes only: Council Annual 75.13 76.78 Boards /Commissions Annual 37.57 38.39 1 75B -2 -10 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION ALL DEPARTMENTS Agenda & Minutes: Council Annual 150.25 153.56 Boards /Commissions Annual 75.13 76.78 City Council Agenda and Minutes can be obtained at no charge from the City's internet webslte at www.santa -ana. or¢ Santa Ana Municipal Code (SAMC) and Supplements (order directly by calling Municipal Code Corporation at 1- 800 - 262 -2633) 'Confems to California Government Code Section 68096.1 and 68097.2 Building Rental Fees Group 1 City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group Resident not - for-profit civic, social, and religious organizations. Group 3 Nonresident not - for - profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for -profit organizations. Group 5 Nonresident commercial, business, and for -profit organizations. Facifitv Grp Grp Grp Grp Group 5 Council Chambers /Room 147 Up to 3 hours N/C 138.64 277.29 192.05 400.53 2.20% N/C 141.69 283.39 196.27 409.34 Each additional hour N/C 44.16 89.35 63.67 133.51 2.20% N/C 45.13 91.32 65.07 136.45 Cleaning Deposit (Wray be refundable) 213.61 21161 213.61 213.61 213.61 2.20% 218.31 218.31 218.31 218.31 218.31 Police Facility Community Up to 3 hours N/C 138.64 277.29 192.05 400.53 2.20% N/C 141.69 283.39 196.27 409.34 Each additional hour N/C 44.16 89.35 63.67 133.51 2.20% N/C 45.13 91.32 65.07 136.45 Cleaning Deposit (may be refundable) 213.61 213.61 213.61 213.61 213.61 2.20% 218.31 218.31 218.31 218.31 218.31 The Depot Lobby Per Hour N/C 173.00 230.00 172.00 287.00 2.20% N/C 176.81 235.06 175.78 293.31 Lobby Cleaning Deposit 205.00 205.00 205.00 205.00 205.00 2.20% 209.5t 209.51 209.51 209.51 209.51 The Depot Courtyard Per Hour NC 57.00 85.00 57.00 114.00 2.20% N/C 58.25 86.87 58.25 116.50 Courtyard Cleaning Deposit 103.00 103.00 103.00 103.00 103.00 2.20% 105.27 105.27 105.27 105.27 105.27 The Depot Meeting Room Up to 3 Hours N/C 74.00 149.00 103.00 217.00 2.20% N/C 75.63 152.28 105.27 221.77 Each Add, Hour N/C 17.00 29.00 22.00 45.00 2.20% N/C 17.37 29.64 22.48 45.99 Cleaning Deposit 218.31 218.31 218.31 218.31 218.31 (may be refundable) 2 75B -2 -11 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTIONI ALLDEPARTMENTS Facility Grp Group 2 Group 3 Grp Grp The Depot - Suite 100 Up to 3 hours N/C 530.42 1,060.84 742.59 1,485.17 Each additional hour N/C 127.75 255.50 178.85 357.70 Cleaning Deposit 218.31 218.31 218.31 218.31 218.31 (may be refundable) Library Room Rental per Hour Meeting Room N/C 15.24 29.46 21.34 42.67 2.20% N/C 15.58 30.11 21.81 43.61 Kitchenette (Optional) N/C 7.11 15.24 10.16 1626 2.20% N/C 7.27 15.58 10.38 16.62 The Library has meeting rooms available for a fee at the Central and Newhope Libraries. City - sponsored activities will receive booking priority. All events must be open to the general public at no charge. Lawn Bowline Clubhouse N/C 54.28 108.55 77.92 161.76 2.20% N/C 55.47 110.94 79.63 165.32 Southwest Sr. Center California Room N/C 96.73 162.31 108.55 194.54 2.20% N/C 98.86 165.88 110.94 198.82 Dining Room N/C 32.24 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 HItchen N/C 25.80 38.70 32.24 51.60 2.20% N/C 26.37 39.55 32.95 52.73 Conference Room N/C 3124 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 Santa Ana Sr. Center Main Room N/C 99.34 166.69 111.48 199.80 2.20% N/C 101.53 170.36 113.94 204.19 Dining Room N/C 32.24 51.60 38.70 77.94 2.20% N/C 32.95 52.73 39.55 79.65 Kitchen N/C 25.80 38.70 32.24 51.60 2.20% N/C 26.37 39.55 32.95 52.73 Classroom N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Saleado Communil Cente Meeting Room A N/C 35.47 72.01 51.60 103.72 2.20% N/C 36.25 73.60 52.73 106.00 Meeting Room B N/C 17.74 35.46 25.80 51.59 2,20% N/C 18.13 36.24 26.37 52.72 Kitchen N/C 13.44 26.87 18.81 38.70 2.20% N/C 13.74 27.46 19.23 39.55 Gymnasium N/C 67.72 135.43 96.73 194.54 2.20% N/C 69.21 138.41 98.86 198.82 3 75B -2 -12 RESOLUTION 2014 -### REVENUE ACCOUNT DEPARTMENTAUSCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Facility Grp Group Group Group Grp Jerome Recreation Center Social Hall N/C 17.74 35.47 25.80 51.60 2,20% N/C 18.13 36.25 2637 52.73 Class Room N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36.25 26.37 52.73 Kitchen N/C 13.44 26.87 18.81 38.70 2.20% N/C 13.74 27.46 19.23 39.55 Gymnasium N/C 65.74 131.48 93.91 188.87 2.20% N/C 67.18 134.37 95.97 193.02 El Salvador Center Social Hall N/C 17.74 35.47 25.80 51.60 2.2000/ N/C 18.13 36.25 26.37 52.73 Class Room N/C 17.74 35.47 25.80 51.60 2.20% N/C 18.13 36,25 26.37 52.73 Kitchen N/C 13.44 26,87 18.81 38.70 2.20% N/C 13.74 27.46 19.23 39.55 Memorial Center Social Hall N/C 17.74 35.47 25.80 51,60 2.20% N/C 18.13 36.25 26.37 52.73 Class Room N/C 17.74 35.47 25.80 5L60 220% N/C 18.13 36.25 26.37 52.73 Lon Cabins N/C 9.13 17.74 12.90 18.81 2.20% N/C 9.33 18.13 13.18 19.23 Corbin Center (Der roam) N/C 17.74 35.47 25.80 51.60 2.20% N/C 18,13 36.25 26.37 52.73 Hector Godinez High Schoo[ Class Room N/C 30.64 49.45 37.08 74.17 2.20% N/C 31.31 50.54 37.90 75.80 Meeting Room N/C 33.86 68.79 49.45 98.88 2.20% N/C 34.61 70.30 50.54 101.05 Performing Arts Facility N/C 92.44 154.77 103.72 185.40 2.20% N/C 94.47 158,17 106.00 189.48 Band Room N/C 51.59 103.72 74.17 154.25 2.20% N/C 52.72 106.00 75.80 157.64 Gymnasium N/C 65.04 129.51 92.44 185.40 2.20% N/C 66.47 132.36 94.47 189.48 See SECTION VII for surcharges Santiaeo Wildlife and Watershed Center Class Room N/C 42.99 71.80 48.16 85.99 2,20% N/C 43.94 73.38 49.22 87.88 Stadium Concession Buildine N/C 54.28 108.55 77.92 161.76 2.20% N/C 55.47 110.94 79.63 165.32 4 75B -2 -13 RESOLUTION 20144## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT SECTION 11 CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88 -048 Per Filing 57070 Maps City Precinct Maps (Refer to the Orange County Voter Registrar's Office) Oversized City and Wand Maps (Actual cost to reproduce by Public Works Agency Geographical Information Systems (GIS) Maps; FY 2012 -13 is $12,96) 57070 Notification for New or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 57070 City Charter Over the Counter Per Unit Mailed Requested Per Unit 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page Specially Reproduced Copies (e.g, floppy disks) Each Page 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record Copy Charge for Statements Per Record 57070 Tapes of Council Meetings DVD's Per Meeting (order DYD's directly by ca /ling Parrs, Recreation and Community Services at (714) 571 -4200) 57070 Hearings Chapter 3 Appeal Hearing Deposit Fee (Applicant billed for Actual Cost of Hearing Officer) Per Request Processing Fee Per Request Labor Charges Per Hour 5 75B -2 -14 2.20% FY 13 -14 FY 14 -15 FEES FEES 200.00 200.00 Actual Cost Actual Cost 5238 53.53 13.35 13.64 16.95 17.32 0.20 0.20 Actual Cost Actual Cost 5.00 5.00 0.10 0.10 5.14 5.25 115.00 118.00 39.00 40.00 39.00 40.00 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION III COMMUNITY DEVELOPMENT AGENCY 02518002 -57991 Enterprize Zone Hiring Tax Credit Application Processing Fee Retro- Voucher Processing Fee Expedited Processing Fee Various -57990 Subordination Fee Density Bonus Setup Fee 6 75B -2 -15 2.20% PROPOSED PROPOSED FY 13 -14 FY 14 -15 UNIT FEES FEES No Changes Per Application 120.00 120.00 Per Application 40.00 40.00 Per Application 30.00 30.00 Per Loan 250.00 250.00 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge RESOLUTION 2014 -09 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES Audit Service Fee 50045 51002 Dog License Fees Recording Service Fee 53715 Re/Diseormect Charge County of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Rear. No 2003 -004)* 53715 Program administered by Police Department Each 133.26 136.20 County of Orange proposed fees, subject to change pending County approval" 53.23 54.40 Each CA Food & Agriculture Code Sec. 30804.5 sets the fee for 26.69 Each 53.23 altered dogs at no more than 50% of unaltered dogs. Each 35.00 35.77 Annual 53.23 54.40 *Altered (Neutered or Spayed) Each Dog ** *Unaltered Each Dog ** Replacement of Tag Each ** *Senior Citizen (65 or older) One discount per household. Animal must be Each ** spayed /neutered. *Late License Penalty (after 30 days) Each ** *Puppy License (12 month license for dogs under 6 months) Each Dog ** CA Penal Code Sec. 326.5 sets this fee at $50.00 per annum. 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 34.75 Mailed Each 42.83 53902 Finance - Record Abstract Certified Each 18.06 Uncertified Each 11.55 53902 Finance - Records Research Fee (Minimum 1 hour) Per Hour 44.89 50045 Monthly Now Business License List Each 18.06 50045 Inspeotion /Collection Service Fee Each BLT 51.00 50045 Audit Service Fee 50045 Autorogistration Service Foe 50045 Recording Service Fee re- inspection/collection visit Per qualifying BLT audit (underpayments of 10% or greater, but not less than $250) Per BUT account autoregistration/assessrnent Per recording of BLT lien 50045 Transfer Service Fee Per BLT account collection transfer 50045 hearing Service Fee Per BLT administrative hearing 53900 Credit Card Processing Fee ( *fee to be waived by Council through June, 2015) 57900 Return Payment Service Fee 53901 Stop PaymemoReissue Fee 6017002 Utility Service Set -up 53716 After hours 53715 Consumption On /Off Meter Charge 53715 Collection Charge 53715 Re/Diseormect Charge 35.00 Connection Charge 53715 Off for Bad Check 7 75B -2 -16 24.00 100.00 2.50 12.00 41.00 24.00 35.52 43.77 18.46 11.81 45.88 18.46 52.12 53.00 54.17 14.00 14.31 53.00 54.17 34.00 34.75 100.00 1.02.20 Per Transaction Waived Waived lst item 25.00 25.00 each Subsequent item 35.00 35.00 Each 10.75 10.99 Each 133.26 136.20 Each 53.23 54.40 Each 26.12 26.69 Each 53.23 54.40 Each 35.00 35.77 Each 53.23 54.40 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGEMENT SERVICES 53717 Tag Fee (Upon affixing) Each 11.48 11.73 53714 Investigation/Re -read Meter Each 11.48 11.73 57000 Copy of Comprehensive Annual Financial Report (CAFR) Each Acual Cost Actual Cost 57000 Copy of City Annual Budget Each Actual Cost Actual Cost 50035 UUT Max Tax Processing Fee Per refund, Maximum 215.21 219.95 There is a maximum fee charge of $219.95 per refund, or a $40.00 per hour charge for review do processing, whichever is less. 53402 Paramedic Subscription Fee Per Household/Business Location Annual 49.86 50.96 8 75B -2 -17 RESOLUTION 2014 -### 2.20% REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION V FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)* per page 0.21 0.21 53505 Fire Incident Report/Photographs on Computer Disc (CD) per page 0.21 0.21 Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) - Minimum one (1) hour per page 0.21 0.21 53505 Fire Inspection Reports per page 0.21 0.21 53505 Fire Code and Fire Code Standard Copies per page 021 0.21 51501 Fireworks /Stands and Displays: Permit for Sale (Retail Stand Only) Per Stand 389.20 397.76 Cleanup Deposit Bond - (Refundable) Per Stand 175.82 179.69 12015002 53700 Fire Facilities Per Sq. Ft. of floor area 0.76 0.78 Pertains to construction built over 3 stories. Rate is set by ordnance in accordance with the Engineering News Report. "Other Fire Services related fees that may apply can be found at www.ocfa.org MEDICAL RESPONSE 53509 Basic Life Support (BLS) Treatment Per BLS Treated Patient Each 261.89 267.65 53509 Advanced Life Support (ALS) Treatment Per ALS Treated Patient - Each 419.02 428.23 53509 Emergency Medical Assessment N/A 138.65 141.70 Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen Each 72.92 74.52 53509 Emergency Base Rate /Transportation (in Fire Dept -owned vehicle) Per Transported Patient Each 586.42 599.32 53509 Mileage Per Transport Per Transport Mile Per Transported Patient Each 15.41 15.74 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Each 26.70 27.29 Airway - Combitube, holder Each 107.84 110.21 75B-92-18 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION V FIRE SERVICES Airway - ET Kit, Slick set, holder, laryngoscope blade, eye protection, N -95 mask Airway Nasal Airway Oral Ambu. Bag, Adult, Pediatric, Infant "Cook Kit" (thoracostomy set) Mask - Resuscitator Mask - Non - rebreather- oxygen Nasal cannula Nebulizer Oxygen Suction Kit - Manual or electric V-vac, canister, catheters, yankauer, bulb, feeding tube 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Per Patient 46.22 47.23 Each 31.84 32.54 Each 2.73 2.79 Each 62.65 64.03 Each 167.40 171.08 Each 19.51 19.94 Each 3.96 4.05 Each 3.51 3.59 Each 4.51 4.61 Per Patient 74.66 76.31 Per Patient 29.37 30.02 CARDIAC MONITOR/ DEFIBRILLATION Monitor - electrodes Per Patient 28.14 28.76 Defibrillation gel Per Patient 4.52 4.62 Defibrillation pads Per Pair 50.16 51.26 DRESSING/ IMMOBILIZATION Minor trauma kit - Band -Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5,79 5.92 Major trauma kit - 4x4's, ABU pads, Kerlix, tape, petroleum dsg Per Patient 8.52 8.71 Bum pack - Bum sheet, any size burn towel, irrigation saline Per Patient 33.05 33.78 Cold pack Each 2.95 3.01 Gloves Per Pair 1.62 1.66 Hip wrap (disposable hip splint) Each 33.44 34.17 Restraint (limb restraint) Each 2.95 3.01 Spinal Immobilization - backboard, cervical collar, StaBlock, tape Per Patient 42.85 43.79 Splint - air or cardboard Each 13.37 13.67 Vacuum Splint Each 13.38 13.68 IV ADMINISTRATION Aimboard Each 5.79 5.92 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 12.87 13.15 IV Solution - 250cc Saline, tubing Each 14.66 14.98 IV Solution - 1000ce Saline, tubing Each 15.77 16.12 Needles- disposable Each 1.45 1.48 Saline lock Each 5.30 5.42 Syringe Each 2.78 2.84 MEDICATIONS Adenosine Each 29.68 30.33 Albuterol Each 2.77 2.83 Amiedarone Each 40.67 41.56 Atropine, Ampule Each 329 3.36 Atropine, Syringe Each 10.85 11.08 Diphenhydramine Each 3.55 3.63 Dextrose, Syringe Each 16.27 16.63 Dopamine, with drip regulator Each 8.85 9.05 Epinephrine, 1:1000 amp Each 4.56 4.66 Epinephrine, 1 :1000 30ec vial Each 18.98 19.40 Epinephrine, 1:10000 syringe Each 42.40 43.34 Glucagon Each 215.88 220.62 Glucose solution Each 6.33 6.47 Lidocame Each 10.85 11.08 Morphine, amp Each 329 3.36 Narcan, syringe Each 45.95 46.96 Narcan, vial Each 101.02 103.24 75B -'1 -19 RESOLUTION 2014 44# REVENUE ACCOUNT SECTION V FIRE SERVICES 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Nitro spray Each 6.88 7.03 Normal saline 10ec vial Each 1.75 1.78 Sodium Bicarb Each 2.30 235 Versed Each 6.29 6.42 MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gurney Each 1.28 1.31 Blanket I {CD Each 17.44 17.82 Blanket, quilted (disposable) Each 22.30 22.79 Communicable Disease Kit - Personal protection pak, eye protection, vionex wipes Each 10.03 10.25 Emesis Basin - Convenience bag Each 2.23 2.28 Olucometer Strips Each 5.45 5.57 Irrigation Saline - 500ce bottle Each 3.00 3.06 N 95 Mask Each 2.62 2.68 OBI it - Disposable OB Kit, eye protection Each 52.66 53.82 75B' -20 RESOLUTION 2014 -### 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY No increase 55200 Compact Discs - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Audio books - Overdue/Loss of Use Fee Per Day 0.25 0.25 Maximum 15.00 15.00 55200 Video Cassettes / DVDs- Overdue /Loss of Use Fee Per Day 1.50 1.50 *Not to exceed $15 Maximum Actual Cost* Actual Coat* 55200 Regular Books & Multi -Media Kits - Overdue /Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and children books) Maximum Actual Coat* Actual Cost* *Not to exceed $15 55200 Magazines - Overdue /Loss of Use Fee Per Day 0.25 0.25 Maximum Actual Cost Actual Cost 55200 Paperbacks - Overdue/Loss of Use Fee Per Day 0.25 0.25 (S10 or Actual Cost whichever is less) Maximum 53203 Compact Discs /Rental Pert Week 0.50 0.50 Children's Pert Week 0.25 0.25 53203 DVD /Video Cassettes /Rental Entertainment Per 2Weeks 2.00 2.00 Insnvetional & Non - Fiction Per 2 Weeks No Charge No Charge Children's Entertainment Per 2 Weeks 1.00 1.00 55201 Lost/Damaged Catalogued Materials Process Fee Each 10.00 10.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 55201 Lost/Damaged Uncatalogued Materials Process Fee Each 7.00 7.00 Replacement Cost Actual Cost Actual Cost Plus overdue charges if incurred 57200 Damaged But Code label Per Incident 2.00 2.00 57200 Other Damaged Materials Fabric Bag (Multimedia) Per Incident 6.00 6.00 CD /DVD Pamphlet Per Incident 2.00 2.00 Video cases (Includes Bar Code Replacements) Per Incident 5.00 5.00 Cassette Cases Per Incident 1.00 1.00 CD /DVD Cases (Includes Bar Code Replacements) Per Incident 6.00 6.00 Library Card Replacement Fee Per Incident 3.00 3.00 Other Per Incident Actual Cost Actual Cost 57200 Material Recovery Surcharge Per Incident 15.00 15.00 57200 Data Base Access No Charge No Charge 57200 Reserve Postal Card Per Item 1.00 1.00 57200 Reserved /Mail Books Homebound SA Residents 1.00 1.00 Other Santa Ana Addresses 3.00 3.00 Non -Santa Ana Addresses 4.00 4.00 12 75B -2 -21 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICI SECTION VI LIBRARY 57200 Newspaper Search Fee 57200 Computer Rental 53200 Nonresident Library Card Fee FEES Nonresident Library Card for Employees of Santa Ana Businesses Per Search One Day Library Pass 53201 Passport Execution Fee 5.00 Digital Services Photograph Request - Non - Commercial Use Per Card jpeg barges from online catalog for personal use 45.00 Tiff files /prints from existing scan 30.00 Image from previously =seemed material Per Day Image for Commercial Use 15.00 Compact Disc Fee 57200 Interlibrary Loan Fee 13 75B -2 -22 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES No increase Per Search 20.00 20.00 Per Hour 5.00 5.00 Per Card 45.00 45.00 Per Card /Year 30.00 30.00 Per Day 15.00 15.00 Per Application 25.00 25.00 Per Image Free Free Per Image 5.00 5.00 Per Image 15.00 15.00 Per Image 25.00 25.00 Per Disc 1.00 1.00 Per Request 5.00 5.00 RESOLUTION 2014 - 4#4 2.20% REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group activities, those groups for which at least 51% of participants either live or work in the City ofSanla Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From time to time, privately taught leisure and instructional classes will be offered by various agency divisions. The announcement of same will be made by printed fliers or in the quarterly program booklet mailed to registered participants. Programs so offered will be conducted in a 4 -10 week format. Charges for each class will be established by the Executive Director of Parks, Recreation & Community Services, STAFF FEES 53319 Park Fae lities/ Reservation /Supervision (Mandatory) ResidenUNon- Resident Per Hour 20.86 21.32 53319 Park Ranger /Security Per Hour 54.80 56.01 TBD Rate for all other Services, Labor, Material, Lost or Damaged Equipment City's Cost City's Cost 53308 SHO WMORILES AND OTHER EQUIPMENT Professional Connnercial Rentals Per Day 400.99 409.81 Schools, Non - profit, Government Per Day 200.49 204.90 Supervision Cost (Mandatory) Per Hour 34.75 35.52 Mobile Bleacher * 4 Hour Minimum Per Hour` 34.75 35.52 Mobile Bleacher Additional Hour Per Hour 27.81 28.42 53308 Events Trailer - Tables and Chairs Tables Per Table/Day 10.43 10.66 Chairs Per Choi r /Day 1.56 1.60 ATHLETIC FIELDS AND FACILITIES 53308 Multi - Propose Field Fees Adult Non- Resident/ Profit Per Hour 24.43 24.97 Adult Non - Resident/ Non- Profit Per Hour 21.38 21.85 Adult Resident/ Profit Per Hour 15.27 15.61 Adult Resident/ Non -Profit Par Hour 12.21 12.48 53307 Youth Non - Resident/ Profit Per Hour 8.89 9.09 Youth Non- Resident /Non- Profit Per Hour 5.93 6.06 Youth Resident/ Profit Par Hour 2.97 3.04 Youth Resident/ Non - Profit Per Hour 1.47 1.50 53308 Multi-Purpose Court Fees Adult Non- Res/ Profit Per Hour 12.21 12.48 Adult Non - Res /Non - Profit Per Hour 10.69 10.93 14 75B -2 -23 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FIDES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Adult Resident/ Profit Per Hour 7.64 7.81 Adult Resident/ Non -Profit Per Hour 6.11 6.24 Youth Non - Resident/ Profit Per Hour 4.58 4.68 Youth Non- Resident/Non- Profit Per Hour 3.06 3.13 Youth Resident/ Profit Per Hour 1.52 1.55 Youth Resident/ Non -Profit Per Hour 0.73 0.75 53308 DYSC Reservation Fee- No Admission Adult Non - Resident/ Profit Per Hour 67.66 69.15 Adult Non - Resident/ Non- Profit Per Hour 59.21 60.51 Adult Resident/ Profit Per Hour 42.29 43.22 Adult Resident/ Non -Profit Per Hour 33.83 34.57 53307 Youth Non- Resident/ Profit Per Hour 24.63 25.17 Youth Non- Resident /Non- Profit Per Hour 16.43 16.79 Youth Resident/ Profit Per Hour 8.21 8.39 Youth Resident/ Non- Profit Per Hour 194 4.03 53308 DYSC Reservation Fee- Admission Adult Non- Resident/ Profit Per Hour 96.68 98.81 Adult Non- Resident/ Non - Profit Per Hour 84.60 86.46 Adult Residem /Profit Per Hour 60.43 61.76 Adult Resident/ Non- Profit Per Hour 48.34 49.40 53307 Youth Non - Resident/ Profit Per Hour N/A N/A Youth Non-Resident/Non-Profit Per Hour N/A N/A Youth Resident/ Profit Per Hour N/A N/A Youth Resident/ Non -Profit Per Hour N/A N/A DYSC Synthetic Turf Youth Field 13518783 -69011 Adult Non - Resident/ Profit Per Hour N/A N/A Adult Non - Resident/ Non- Profit Per Hour N/A N/A Adult Resident/ Profit Per Hour N/A N/A Adult Resident/ Non -Profit Per Hour N/A N/A Youth Non - Resident/ Profit Per Hour 24.63 25.17 Youth Non- Resident/NOn- Profit Per Hour 16.43 16.79 Youth Resident/ Profit Per Hour 8.21 8.39 Youth Resident/ Non -Profit Per Hour 3.94 4.03 53308 Athletic Facility Lights Adult Non- Resident/ Profit Per Hour 44.00 44.97 Adult Non - Resident/ Non -Profit Per Hour 39.00 39.86 Adult Resident/ Profit Per Hour 29.00 29.64 Adult Resident/ Non -Profit Per Hour 24.00 24.53 15 75B -2 -24 RESOLUTION 2014 -### 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Youth Non - Resident/ Profit Per Hour 10.57 10.80 Youth Non- Resident/Non- Profit Per Hour 7.04 7.19 Youth Resident/ Profit Per Hour 3.52 3.60 Youth Resident/ Non -Profit Per Hour 1.69 1.73 53308 Reservation Cancellation/Transfer Fee Per Reservation 15.00 15.00 53308 Reservation No -Show Fee Per Reservation 25.00 25.00 53308 Reservation Permit Processing Fee Per Annual Permit 25.00 25.00 53308 Portable Restroom Fee Per Hour 2.76 2.82 SANTA ANA STADIUM 57362 Stadium Sporting Event (12 -14 Hours) Fee Adult Non - Resident/ Profit Per Day 1,353.43 1,383.21 Adult Non - Resident/ Non -Profit Per Day 1,184.24 1,210.29 Adult Resident/ Profit Per Day 845.89 864.50 Adult Resident/ Non - Profit Per Day 676.71 691.60 Youth Non - Resident/ Profit Per Day 492.71 50155 Youth Non- Resident/Non -Profit Per Day 328.47 335.70 Youth Resident/ Profit Per Day 164.24 167.85 Youth Resident/ Non - Profit Per Day 78.88 80.62 57362 Stadium Spoiling Events Fee Adult Non- Resident/ Profit Per Hour 113.24 115.73 Adult Non- Resident/Non -Profit Per Hour 99.08 101.26 Adult Resident/ Profit Per Hour 70.77 72.33 Adult Resident/ Non- Profit Per Hour 56.62 57.87 Youth Non - Resident/ Profit Per Hour 41.22 42.13 Youth Non- Resident/Non- Profit Par Hour 27.48 28.08 Youth Resident/ Profit Per Hour 13.74 14.04 Youth Resident/ Non - Profit Per Hour 6.60 6.75 57362 Loeal high schools and colleges + Security Flat Fee Per Day 1,398.88 1,429.66 57362 Playoff Games + Security Colleges, Universities, League or Conference Playoff Gaines for NCAA, ETC. Plat Fee plus security Per Day 1,731.95 1,770.05 Stadium Concession Building (see SECTION I) 57362 Commercial Events /Admen. 7500 and over Both Grandstands Per Day 11,285.68 11,533.97 West Grandstand Only Per Day 5,642.84 5,766.98 West Grandstand and Field Level Seating Per Day 8,464.27 8,650.48 Both Grand stands and Field Level Seating Per Day 16,928.52 17,300.95 16 75B -2 -25 RESOLUTION 20144#4 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 57362 Commercial Events /Extra Day Move -in, if available: Flat Fee Per Day 1,11110 1,136.56 57362 Commercial Events /Non- Spectator One to two days Per Day 1,500.00 1,500.00 Three or more consecutive days Per Day 1,200.00 1,200.00 All - inclusive rental includes basic staffing, lighting, and rental fees 57362 Events /Solicit Donations No admission charge Per Day 3,961.87 4,049.03 57362 Santa Ana Stadium - Television Rights Per Event 1,000.00 1,000.00 57362 Santa Ana Stadium Graphics Operator Per hour 80.62 82.39 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group 1 Per Day N/C N/C Group 2 Per Day 42.99 43.94 Group 3 Per Day 53.74 54.93 Group 4 Per Day 64.50 65.91 Group 5 Per Day 85.99 87.88 See SECTION I, All Departments, Building Rental Fees, for group descriptions AQCATICS 53304 General Admin. Adult -Pools Fee 2.00 2.00 53304 General Admin. Child -Pools Fee 1.00 1.00 53304 Swim Lessons -Two Week Session Child Per Child 35.14 35.92 Adult Per Adult 4L01 41.91 53304 Swim I.,essons: Nan - Profits for Red Cross Certification Minimum 10 children with 1 adult Per Child 14.28 14.59 53304 Pools Rental, to 75 people, includes 2 Lifeguards - Day Rates Resident Per Hour 93.56 95.62 Non - Resident Per Hour 113.61 116.11 53304 Pools Rental, 75+ people, includes 3 Lifeguards - Day Rates Resident Per Hour 140.34 143.43 Non - Resident Per Hour 160.40 163.93 53304 Swim Team monthly fee Per Child 35.14 35.92 53304 Lifeguard per additional 75 people Per Hour 20.06 20.50 Note: Pool rental charges are for nonprofit, private and swim teams. 17 75B -2 -26 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES TENNIS /LAWN BOWLING 53318 Temds -First &Flower/weekdays 9am -4pm Per Hour 2.00 2.00 4pm -dusk Per Hour 2.00 2.00 with lights Per Hour 4.00 4.00 53318 Tennis: Non - profit reservations per hour Resident Per Hour 1.00 1.00 Non - Resident Per Hour 2.00 2.00 57361 Santiago Lawn Bowling Greens Per Month 500.00 500.00 OTHER RECREATIONPROGRAMS 53306 Sports, Adult Softball/Fast Pitch Per Team 608.49 621.88 Softball/Slow, Pitch Per Team 448.36 458.22 Forfeit Fee, Refundable Per Teern 64.05 65.46 Basketball Per Turn 480.38 490.95 53306 Sports, Adult: City Soccer League- No Lights Pe Game 42.79 43.73 City Soccer League- With Lights Per Game 61.12 62.46 53303 Sports, Youth: Registration for Baseball, T -Ball, Basketball, Flag football, Kickball, Softball, Soccer, and Volleyball. Reg. per person/sport (includes T -shirt) Each 30.81 31.49 Shit -Extra Each 10.38 10.61 Cap -Extra Each 10.38 10.61 Shut & Cap -Expo Set 19.47 19.90 53301 Vacation Recreation Program Resident -per week Per Child 78.26 79.98 Resident Second Child- per week Per Child 52.17 53.32 Additional Non - Resident Fee Per Reg! strati on 13.36 13.66 Resident -per day (two day minimum) Per Chi Id 15.65 16.00 53301 Family PRIDE Fees Excursion Bus Fees Per Chi Id 2.46 2.52 Per Adult 3.71 3.79 Family Annual Membership Fee Per Emily 61.68 63.04 Campout Per Emily 30.83 31.51 Halloween Dance Per Child 1.23 1.26 Per Adult 3.71 3.79 Christmas Dinner Per Child 6.16 6.30 Per Adult 8.64 8.83 Parent Dinner Dance Per Person 18.51 18.91 Per Couple 30.83 31.51 'Peen Club Annual Membership Per M ember 18.51 18.91 Teen Dance Per Person 391 3.79 18 75B -2 -27 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53301 Excursion Bus Fee Per Child 3.71 3.79 Per Adult 6.16 6.30 SANTA ANA ZOO AT PRENTICE PARK 53312 Zoo Admissions (Full -day) No increase Adult Each 10.00 10.00 Child /Senior Each 7.00 7.00 Friends of Zoo Each Free Free Groups: Adult (w/ schools, scouts, etc.) Each 8.00 8.00 Child/Senior Each 5.00 5.00 53312 Zoo Admissions (Half -day, after 2:00 PM, Monday - Friday, Except Holidays) Adult Each 6.00 6X Child/Senior Each 4.00 4.00 53310 Zoo Education Programs: Rates to be established and advertised by the Executive Director of Recreation & Community Services Agency, through fliers or other media. JOINT USE FEES 57390 Hector Godinez Reservation Surcharge Per Reservation 10.00 10.22 57390 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Hour 12.00 12.26 Baseball Field Per Hour 16.00 16.35 Sower Field Per Hour 12.00 12.26 Classroom Per Hour 2.00 2.04 Gymnasium For Hour 21.00 21.46 Performing Arts Center Per Hour 49.00 50.08 Black Box Per Hour 11.00 11.24 Outdoor Basketball Per Hour 4.00 4.09 57390 Hector Godinez Participant Fee Per Part! d pant 1.00 1.02 OTHER SPECIAL FEES 05113002 -53317 Adult Soccer Reservation Surcharge Per Game 28.18 28.80 05113002 -53317 Adult Baseball Reservation Surcharge Per Game 18.00 18.40 51301 Filming Permit Fee Per Day 394.68 403.36 Program administered by Parks, Recreation & Community Services 53308 Park Facilities /Reservation /Audio Permits Resident Each 41.71 42.62 Non - Resident Each 55.61 56.84 53308 Public Space Special Event Fee First Event Day Group 1 City Sponsored Event Each NC NC Group Resident Non- Prolil Each 667.26 681.94 19 75B -2 -28 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Grouu 3 Non Resident Non -Profit Group Resident Commercial Orouu 5 Non Resident Commercial Each Additional Day Group 1 City Sponsored Event Group 2 Resident Non -Profit Group 3 Non Resident Non- Profit Group 44 Resident Commercial Group 5 Non Resident Commercial See SECTION 1, All Departments, Building Rental Fees, for group descriptions 99810002 -57391 Park Facilities Deposit The appropriate depositfor each facility will be determined by the Executive Director ofParlcn, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and advertised by the Executive Director of Parks, Recreation and Community Services Agency through fliers or other media. 30113002 -53300 Park Acquisition and Development Fees Each 1,000.89 6,327.80 1,022.91 Each 1,167.71 5,687.55 1,193.40 Each 1,668.16 5,136.51 1,704.86 Per Day NC NC Per Day 200.18 Each 204.59 Per Day 300.27 306.88 Per Day 350.32 358.03 Per Day 500.45 511.46 100.00 to Per Reservation 100.00 to 500.00 500.00 5 bedrooms Each 6,327.80 6,467.01 4 bedrooms Each 5,687.55 5,812.67 3 bedrooms Each 5,136.51 5,249.51 2 bedrooms Each 3,828.44 3,912.67 1 or less Each 2,873.30 2,936.51 20 75B -2 -29 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 1009 -018 57770 Accelerated Records Research Fee Per Hour 61.20 62.55 53606 Adult Entertainment Land Use Permit Fee 1,414.06 1,445.16 57770 Aerial Photos Individual Sheets Per Sheet 24.26 24.79 Complete Set Per Set 738.43 754.68 53606 Appeal Applicant Each 3,671.10 3,751.87 Non - Applicant Each 365.20 373.24 53606 Certificate of Compliance Certificate 1,065.35 1,088.79 51605 Certificate of Occupancy (Planning & Inspection) Certificate 399.79 408.59 53606 Amendment Application(A.A.) Change of Zone or District Fee 4,581.09 4,681.87 53613 Change of Site Address Request Fee 1,030.59 1,053.27 53606 Conditional Use Permit Application Fee Fee 4,924.40 5,032.74 53606 Condition Modification Fee 50% App. Fee 50% App. Fee 53606 Conditional Use Pennit With a PC &N Determination (ABC License) Fee 4,383.59 4,480.02 53606 Conditional Use Pennit Plumed Residential Development Application Fee Fee 7,830.13 8,002.39 53606 Conditional Use Pennit (CUP) - Coffee I-touse Entertainment CUP Fee 4,602.58 4,703.84 53606 Development Agreeruent/Review Deposit: (Nonrefundable deposit required initially) Deposit 11,506.29 11,759.43 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 8,253.83 8,435.42 57770 General Plan Elements (Text) Per Set Actual Cost Actual Cost 57770 General Plan (Complete Text) Per Set Actual Cost Actual Cost 57770 General Plan Workbooks Per Set Actual Cost Actual Cost 53613 Land Use Certificate Category I Bazaars, Fiestas, Sidewalk Sales, Outdoor Auctic Per Certificate 350.43 358.14 Child Care (8 -14 children), Ancillary Massage 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary ants, Outdoor Booths Per Certificate 350.43 358.14 53613 Category 3 ZL 75B -2 -30 RESOLUTION 201440 350.43 358.14 Each 350.43 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION VIII PLANNING & BUILDING AGENCY 604.46 617.76 Carnival, Circus, Outdoor Music, Concert, 1,352.39 1,382.15 Arcade, ABC Licenses 451.49 461.42 Flat Fee Per Certificate 628.41 642.24 53613 Category 4 2,274.81 2,324.85 Antennas/Dishes 247.92 253.37 Flat Fee Per Certificate 652.67 667.03 53613 Category 5 Exterior Telephones (Pay Phones) First Pay Phone Per Additional Pay phone 53613 Category 6 Small Collection (Recycling) Facilities 53613 Entertainment Permit Category 2 Amplified music, dancing, Entertainment ends by 12:00 a.m. (midnight) Category 3 Amplified music, dancing, Entertainment ends by 12:00 a.m. (midnight) Category 4 Amplified music, dancing, Entertainment ends after 12:00 a.m. (midnight) 57770 Land Use Map 53605 Landscape Plan Review Residential Projects Non - Residential Projects Per Inspection after the 2nd Inspection 53606 Lot Line Adjustment Filing Fee 53606 Minor Exception Filing Fee 53613 Home Occupation Permit 53613 New Single Family Residence Review 53613 Off - Premise Advertising Permit Application Fee 53606 Parcel Map Extension Tentative Flat Filing Fee Plus per Lot Fee 5407 Parcel Voluntary Merger Application Fee 53606 Residential Relocation Filing Pee Fee 545.77 557.78 Each 162.46 166.04 Fee 910.39 930.42 Each 350.43 358.14 Each 350.43 358.14 Each 628.41 642.24 Per Map Actual Cost Actual Cost Fee 604.46 617.76 Fee 1,352.39 1,382.15 Fee 451.49 461.42 Fee 1,172.71 1,198.51 Fee 2,274.81 2,324.85 Fee 247.92 253.37 Fee 1,275.39 1,303.45 Fee 4,808.29 4,914.07 Fee 20% App. Fee 20% App. Fee Fee 3,972.66 4,060.06 Fee 16.90 17.28 Fee 2,267.01 2,316.88 Fee 3,620.45 3,700.10 22 75B -2 -31 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53613 Second Dwelling Unit Review Fee 1,937.87 1,980.50 57770 Sectional Districts Maps Individual Sheets Per Map Actual Cost Actual Cost Complete Set Per Set Actual Cost Actual Cost 53613 Sign Pennit Review Fee 439.92 449.59 53613 Planned Sign Program Review Fee 495.78 506.69 53606 Regional Planned Sign Progam Fee 4,924.40 5,032.74 53613 Sign Program Amendment Fee 50% App. Fee 50% App. Fee 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 14,588.02 14,908.96 53613 Temporary Sign Permit Fee 143.47 146.63 53613 Temporary Trailer Permit Fee 550.24 56234 57770 Subdivision Ordinance Each City's Cost City's Cost 53616 Site Plan Review S.F. RANGE BASF COST ADDITIONAL SQUARE FOOTAGE 1 - 999 s.f .............. 4,035.00 plus [5.05 x sq. footage above I sq. ft.] 4,123.80 1,000 - 1,999 S.f....... 4,947.50 plus f3,72 x sq, footage above 1,000 sq. ft.] 5,056.40 2,000 - 4,499 s.f....... 8,596.50 plus [2.11 x sq. footage above 2,000 sq. ft.] 8,785.60 4,500 - 9,999........... 13,785.60 plus [1.20 x sq. footage above 4,500 sq. ft.] 14,088.90 10,000 - 19,999......., 20,283.80 plus [0.66 x sq. footage above 10,000 sq, ft 20,730.00 20,000 - 49,999........ 26,783.10 plus [0,24 x sq. footage above 20,000 sq. ft 27,372.30 50,000 - 99,999....... 33,729.70 plus [0.13 x sq. footage above 50,000 sq. ft 34,471.80 100,000+ s.f........... 40,428.30 plus [0.06 x sq. footage above 100,000 sq. 41,317.70 53606 Tract Map Tentative Filing Fee Fee 4,295.60 4,390.11 Plus Each Lot Fee 16.90 17.28 Plus Each Dwelling Unit Fee 16.90 17.28 53606 Underground Utilities Waiver Flat Filing Fee Fee 446.22 456.04 57770 Zoning Ordinance Booklets Per Booklet City's Cost City's Cost 53606 Variance Filing Fee Pee 4,776.94 4,882.03 Condition Modification Fee 50% App. Pee 50% App. Fee 23 75B -2 -32 RESOLUTION 2014 40 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53607 Environmental Impact Report Environmental Impact Report - In -House Fee 95,754.19 97,860.79 Environmental Impact Report - With Consultant 10% of Consultant fee 53607 Negative Declaration - In -House Fee 62,518.16 63,893.56 Negative Declaration - With Consultant 10 % of Consultant fee Negative Declaration - Without Studies Fee 6,866.41 7,017.47 53607 Categorical Exemption / Environmental Determination Each 546.45 558.47 53606 Inclusionary Housing Agreement - In-heir Fee Calculation Fee 10 %Consultant Fee 10% Consultant Fee 5406 Mobile Vending Fee Each 498.97 509.95 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 157.19 160.65 51601 Re-Inspection Fees Fast assessment Each 78.57 80.29 Second assessment Each 116.03 118.58 Thad assessment Each 157.19 160.65 51601 Extension Fee (Notice of Violation) Each 233.16 23829 5579 Dangerous and Abandoned Building Fee Fee 40% of board up fee 40% of board up fee or $205, whichever or $205, whichever is greater. is greater. 57770 Nonconforming Status/ Zoning Verification Letter Each 511.65 522.91 53418 Code Enforcement and Hearing Examiner Fee Per Flour 116.03 118.58 53418 Monitoring Fee Per Hour 132.41 135.32 Minimum 132.41 135.32 53606 Public Convenience & Necessity Determination Per Application 4,963.35 5,072.54 53618 Accelerated Development Project Review Each City's Cost City's Cost 53612 Mitigation Monitoring Fee due upon submission of site plan review Per Project 406.16 415.09 Fee due upon submission for Plan Check Per Project 859.73 878.65 53606 Historic Property Preservation Agreement Each 3,935.87 4,022.46 (Mills Act Application) 53606 Historic Exterior Modification (HEMA) Each 1,949.49 1,992.38 53060 Selr- nomination of properties to the Santa Ana Register of Each 5,015.05 5,125.38 Historical Properties 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 619.23 63185 55402 Commercial Vehicle Violation: Private Property 24 75B -2 -33 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY First Violation 69.65 71.18 Second Violation 105.49 107.81 Thud Violation 131.89 134.79 Pursuant to SAMC Sec 41 -6071 oil 55000 Cormnereial Vehicle Violation: Public Streets First Violation 69.65 71.18 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC See 41- 6071(h) Program administered by Police Department 55402 Yard Parking Violation First Violation 69.65 71A8 Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 6071(e) 55402 Displaying Vehicle For Sale First Violation 69.65 71M Second Violation 105.49 107.81 Third Violation 131.89 134.79 Pursuant to SAMC Sec 41- 1301(a) Per Resolution 2009 -18 projects prior to May 18, 2009, are subject to the following fees: 53606 Conditional Use Permit Application Fee Fee 2,674.22 2,733.05 Appeal Fee Fee 2,009.60 2,053.81 Condition Modification Fee 1,323.91 1,353.03 53606 Conditional Use Permit With a PC &N Determination (ABC License) Fee 2,674.22 2,733.05 53606 Conditional Use Permit Planned Residential Development Application Fee Fee 3,344.05 3,417.61 Appeal Fee Fee 2,500.12 2,555.12 53606 Conditional Use Permit (CUP) - Coffee House Entertainment CUP Fee 215.99 220.74 53606 Development Agreement/Review Deposit: (Nonrefundable deposit required initially) Deposit 4,261.84 4,355.61 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 3,344.05 3,417.61 53605 Landscape Plan Review Residential Projects Fee 145.56 148.76 Non - Residential Projects Fee 363.95 371.96 Per Inspection after the 2nd Inspection Fee 69.08 70.60 25 75B -2 -34 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FE SECTION VIII PLANNING & BUILDING AGENCY 53606 Lot Line Adjustment Filing Fee FY 14 -15 Appeal Fee 53606 Minor Exception Filing Fee Appeal Fee 53606 Parcel Map Fee Extension 743.91 Tentative 991.63 Flat Filing Fee Fee Plus per Lot Fee 743.91 Appeal Fee 53606 Parcel Voluntary Merger Application Fee 53606 Tract Map 1,277.59 Tentative 25.78 Filing Fee Fee Plus Each Lot 959.54 Plus Each Dwelling Unit 1,244.82 Appeal Fee Fee Extension Fee 53606 Variance 33.65 Filing Fee Fee Appeal Fee 80.29 Condition Modification 53618 DP Fee (Project Coordination Charge) 53607 Environmental Impact Report 53607 Negative Declaration with studies and mitigation (Requiring Traffic Study) 26 75B -2 -35 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Fee 1,244,82 1,272.20 Fee 727.90 743.91 Fee 991.63 1,013.45 Fee 727.90 743.91 Fee 241.55 246.86 Fee 1,250.08 1,277.59 Fee 25.78 26.34 Fee 938.88 959.54 Fee 1,244.82 1,272.20 Fee 2,927.40 2,991.80 Fee 33.65 34.40 Fee 78.57 80.29 Fee 2,210.04 2,258.66 Fee 247.92 253.37 Fee 2,674.22 2,733.05 Fee 2,009.60 2,053.81 Fee 1,323.91 1,353.03 Bldg. Valuation Fee Minimum nonrefundable deposit of $12,342.75 12,614.29 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs seemed. Fee Minimum nonrefundable deposit of $6,149.98 6,285.28 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs accrued. 26 75B -2 -35 RESOLUTION 2014 4#9 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 53607 Negative Declaration with studies and mitigation Fee Minimum (No Traffic Study) nonrefundable deposit of $3,080.21 3,147.97 or 10% of consultant fees whichever is greater, plus reimbursement to the City for any other additional costs accrued. 53607 Negative Declaration without studies Each 814.40 83232 53618 Accelerated Development Project Review Each City's Cost City's Cost 57770 Sale of Miscellaneous Items City's Cost City's Cost (e.g, Informational Literature) PAM 75B -2 -36 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE UNIT PEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 1) 10,000 s/fw /o interior improvements- Structural Plan Check sq. ft. $0.86 $0.88 51601 2) 10,000 s/fw /o interior improvements - Structural Plan Inspecdon sq. ft. $0.24 $0.24 see individual see individual 51602 3) 10,000 sf w/o interior improvements -EMP Insp {tern schedule item schedule 51603 51604 see individual see individual 53601 4) 10,000 sf w/o interior improvements - EMP Plan Check item schedule item schedule 53602 53603 53600 5) 60,000 sf w/o interior improvements - Structural Plan Check sq, ft. $0.08 $0.08 51601 6)60,000sfw/o interior improvements - Structural Insp sq. ft. $0.08 $0.08 see individual see individual 51602 7) 60,000 sf w/o interior improvements - EMP hap item schedule item schedule 51603 51604 see individual see individual 53601 8) 60,000 sf w/o interior improvements -EMP Plan Check item schedule item schedule 53602 53603 53600 9) 100,000 sf w/o interior improvements - Structural Plan Check sq. ft. $0.07 $0.07 51601 10) 100,000sfw/o interior improvements - Structural Insp sq. 11. $0.12 $0.13 see individual see individual 51602 11) 100,000 at w/o interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 12) 100,000 sf w/o interior improvements - EMP Plan Chock item schedule item schedule 53602 53603 53600 13) 10,000 sl'with interior improvements - Structural Plan Check sq, ft. $1.17 $1.20 51601 14) 10,000 sf with interior improvements - Structural Insp sq. ft. $0.33 $0.34 75B?�-37 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING .@ BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 15) 10,000 sf with interior improvements - EMP Insp 51603 51604 53601 16) 10,000 sf with interior improvements - EMP Plan Check 53602 53603 53600 17) 60,000 sf with interior improvements- Structural Plan Check 51601 18) 60,000 sf with interior improvements - Structural Insp 51602 19) 60,000 sf with interior improvements -EMP Insp 51603 51604 53601 20) 60,000 sf with interior improvements - EMP Plan Check 53602 53603 53600 21) 100,000 sf with interior improvements- Structural Plan Check 51601 22) 100,000 at with interior improvements - Structural Insp 51602 23) 100,000 at with interior improvemen ts - EMPInsp 51603 51604 53601 24) 100,000 sf with interior improvements - EMP Plan Check 53602 53603 53600 25) High Rise, 5 Stories or more - Structural Plan Check 51601 26) High Rise, 5 Stories or more- Structural Insp 51602 27) High Rise, 5 Stories or more -EMP loan 51603 51604 75BZ _38 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.08 $0.08 sq. ft. $0.14 $0.15 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.11 $0.12 sq, ft. $0.14 $0.15 see individual see individual itern schedule item schedule see individual see individual item schedule kern schedule assurnes 50k sq. ft. $0.79 $0.81 assumes 50k sq. fl. $0.23 $0.23 see individual see individual item schedule item schedule RESOLUTION 2014 - # ## see individual see individual 53601 32) 2,500 sfResidential SH3 - EMP Plan Check item schedule item schedule 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY 34) Apartment, 10 units - Struch¢al Insp assumes IOksq. ft. $0.22 $0.22 Projectstarlor to May 18, 2009, shall be subject to the fees indicated bt Resolution 2009 -018 see individual see individual 51602 35) Apartment, 10 units - EMP Insp item schedule item schedule see individual see individual 53601 28) High Rise, 5 Stoles or more - EMP Plan Check 51604 item schedule item schedule 53602 53603 53600 29) 2,500 of Residential 2 story SIT) - Structural Plan Check sq. ft. $2.04 $2.09 If single story sq. ft. $0.93 $0.96 I£repeat sq. ft. $0.47 $0.48 51601 30) 2,500 sfResidential SFD - Structural Insp sq. ft. $0.53 $0.55 see individual see individual 51602 31) 2,500 sfResidential SLID - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 49) Hotel /Motel, 20 units -EMP Plan Check item schedule item schedule 53602 53603 75B3 -39 see individual see individual 53601 32) 2,500 sfResidential SH3 - EMP Plan Check item schedule item schedule 53602 53603 53600 33) Apartment, 10 units - Structural Plan Check assumes I Ok sq. ft. $0.93 $0.96 51601 34) Apartment, 10 units - Struch¢al Insp assumes IOksq. ft. $0.22 $0.22 see individual see individual 51602 35) Apartment, 10 units - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 49) Hotel /Motel, 20 units -EMP Plan Check item schedule item schedule 53602 53603 75B3 -39 see individual see individual 53601 36) Apartment, 10 units - EMP Plan Check item schedule item schedule 53602 53603 53600 37) Hotel /Motel, 20 units - Structural Plan Check assumes l5k sq. ft. $1.01 $1.03 51601 38) Hotel /Motel, 20 units - Structural Insp assumes 15k sq. ft. $0.39 $0.40 see individual see individual 51602 39) Hotel /Motel, 20 units -EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 49) Hotel /Motel, 20 units -EMP Plan Check item schedule item schedule 53602 53603 75B3 -39 RESOLUTION 2014 - # ## see individual see individual 53601 50) Addition: up to 1,500 at Resid 1st floor -EMP Plan Check 2.20 REVENUE 53602 FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 51) Addition: tip to 500 sfResid 2nd floor - Structural Plan Check sq. it. $3.19 Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51601 52) Addition: up to 500 sfResid 2nd floor - Structural Insp sq. fl. 53600 41) Misc Resid. Structure: Patio Cover/Garage- Structural Plan Check sq. ft. $0.33 $0.34 51601 42) Misc. Resid. Structure: Patio Cover/ Garage - Structural Insp sq. ft. $0.34 $0.35 item schedule item schedule 51603 see individual see individual 51602 43) Misc. Resid. Structure: Patio Cover/ Garage - EMP Insp 51604 item schedule item schedule 51603 53600 54) Addition: up to 1,500 sfResid 2nd floor - Structural Plan Check sq. ft. 51604 $2.13 51601 55) Addition: up to 1,500 sfResid 2nd floor - Structural Insp sq. ft. 53600 44) Addition: up to 500 sf Resid 1st floor - Structural Plan Check sq. ft. $1.16 $1.19 51601 45) Addition: up to 500 sfResid 1st floor - Structural Insp sq. ft. $0.93 $0.96 item schedule item schedule 51603 see individual see individual 51602 46) Addition: up to 500 sfResid Iat floor -EMP Insp item schedule item schedule 51603 51604 53600 47) Addition: up to 1,500 sfResid 1st floor - Suvctural Plan Check sq. tt, 0.93457 $0.96 51601 48) Addition: up to 1,500 sfResid 1st floor - Structural Insp sq. ft. 0.78052 $0,80 see individual see individual 51602 49) Addition: up to 1,500 sfResid Iat floor - EMP Insp item schedule item schedule 51603 51604 75B2' 40 see individual see individual 53601 50) Addition: up to 1,500 at Resid 1st floor -EMP Plan Check item schedule item schedule 53602 53603 53600 51) Addition: tip to 500 sfResid 2nd floor - Structural Plan Check sq. it. $3.19 $3.26 51601 52) Addition: up to 500 sfResid 2nd floor - Structural Insp sq. fl. $1.62 $1.66 see individual see individual 51602 53) Addition: up to 500 sfResid 2nd floor -EMP Insp item schedule item schedule 51603 51604 53600 54) Addition: up to 1,500 sfResid 2nd floor - Structural Plan Check sq. ft. $2.08 $2.13 51601 55) Addition: up to 1,500 sfResid 2nd floor - Structural Insp sq. ft. $0.91 $0.93 see individual see individual 51602 56) Addition: up to 1,500 at Resid 2nd floor - EMP Insp item schedule item schedule 51603 75B2' 40 R)MX111111yt11X 31LCS'f,3iE REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 53601 57) Addition: up to 1,500 sfResid 2nd floor - EMP Plan Check 53602 53603 53600 58) Swimming Pool, 350 sf- Structural Plan Check 51601 59) Swimming Pool, 350 sf - Structural Insp 51602 60) Swirming Pool, 350 sf - EMP Insp 51603 51604 53601 61) Swimming POOL, 350 sf -EMP Plan Check 53602 if 53603 $0.25 53600 62) pence (wood), 20 1f- Structural Plan Check 51601 63) Fence (woad), 201f- Structural Insp 53600 64) Retaining Wall, 20 If - Structural Plan Check 51601 65) Retaining Wall, 201f- Structural Insp 53600 66) TI, 4,000 sf- Structural Plan Check 51601 67) TI, 4,000 sf- Structural Insp 51602 68) TI, 4,000 sf- EMP Insp 51603 51604 53601 69) TI, 4,000 sf - EMP Plan Check 53602 53603 53600 70) TI, 8,000 sf- Struchua] Plan Check 51601 71) TI, 8,000 sf - Structural Insp 3 75B -41 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule sq. ft. $0.47 $0.48 sq. ft. $0.51 $0.52 see individual see individual item schedule item schedule see individual see individual item schedule item schedule If $0.33 $0.34 if $0.24 $0.25 if $0.34 $0.35 if $0.33 $0.34 sq. ft. $0.30 $0.31 sq. ft. $0.21 $0.21 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.24 $0.25 sq. ft. $0.12 $0.13 RESOLUTION 2014 -40 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 72) Tl, 8,000 sf -EMP Insp 51603 51604 53601 73) TI, 8,000 sf -EMP Plan Check 53602 53603 53600 74) TI, 12,000 sf- Structural Plan Check 51601 75) TI, 12,000 sf- Structural Insp 51602 76) TI, 12,000 sf -EMP Insp 51603 51604 53601 77) TI, 12,000 sf- EMP Plan Check 53602 53603 53600 78) TI, 20,000 sf- Structural Plan Check 51601 79) TI, 20,000 sf- Structural Insp 51602 80) TI, 20,000 sf -EMP Insp 51603 51604 53601 81) TI, 20,000 sf- EMP Plan Check 53602 53603 53600 82) Resid. Mile (window, door, etc.) - Struemml Plan Check 51601 83) Resid. Misc (window, data, et(3.) - Inspeeti0n 53600 84) Comm. Misc (storage rack) - Structural Plan Check ul 51601 85) Comm. Misc (storage rack) - Structural Insp 51602 86) Comm. Misc (storage rack) - EMP hasp 51603 75B3 42 2.20 FY 13 -14 EY 14 -15 UNIT FEES FEES see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.22 $0.23 sq. ft. $0.08 $0.09 see individual see individual item schedule item schedule see individual see individual item schedule item schedule sq. ft. $0.17 $0.18 sq. lt. $0.10 $0.11 see individual see individual item schedule item schedule see individual see individual item schedule item schedule flat $497.28 $508.22 flat $366.41 $374.47 Pat $956.25 $977.29 Plat $515.04 $526.37 see individual see individual item schedule item schedule RESOLUTION 2014 - # ## see individual 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION IX PLANNING & BUILDING AGENCY item schedule Projects prior to May 18, 2009, shall be subject to the fees indicated !it Resolution 2009 -018 51604 see individual see individual 53601 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfTI and Seismic Reinforcement - Structural Plan Check sq. ft. $0.47 $0.48 51601 10 1) 400 sfTl and Seismic Reinforcement - Structural Insp sq. ft. $0.37 $0.38 75B-t-43 see individual see individual 53601 87) Conan, Misc (storage rack) - EMP Plan Check item schedule item schedule 53602 item schedule 53602 53603 53603 53600 88) Commercial Sign- Structural Plan Cheek hourly SOLO $195.84 51601 89) Commercial Sign - Structural Insp hourly $138.22 $141.26 $195.84 51601 see individual see individual 51602 90) Commercial Sign - EMP Insp item schedule item schedule 51603 $191.63 $195.84 51601 51604 hourly $138.22 $141.26 see individual see individual 53601 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfTI and Seismic Reinforcement - Structural Plan Check sq. ft. $0.47 $0.48 51601 10 1) 400 sfTl and Seismic Reinforcement - Structural Insp sq. ft. $0.37 $0.38 75B-t-43 see individual see individual 53601 91) Commercial Sign- EMP Plan Check item schedule item schedule 53602 53603 53600 92) Residential Re- roof - Structural Plan Check °t hourly $191.63 $195.84 51601 93) Residential Re- roof - Structural Insp hourly $138.22 $141.26 53600 94) Commercial Re- roof - Structural Plan Check hourly $191.63 $195.84 51601 95) Commercial Re- roof - Structural Insp hourly $138.22 $141.26 53600 96) Demolition - Structural Plan Check hourly $191.63 $195.84 51601 97) Demolition - Structural Insp hourly $138.22 $141.26 see individual see individual 51602 98) Demolition - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 99) Demolition -EMP Plan Check item schedule item schedule 53602 53603 53600 100) 400 sfTI and Seismic Reinforcement - Structural Plan Check sq. ft. $0.47 $0.48 51601 10 1) 400 sfTl and Seismic Reinforcement - Structural Insp sq. ft. $0.37 $0.38 75B-t-43 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION L4 PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees Indicated in Resolution 2009 -018 see individual see individual 53601 102) 400 sf TI and Seismic Reinforcement -EMT Plan Check item schedule item schedule 53602 53603 53600 103) Seismic Reinforcement Only sq. ft. same as TI rates same as TI rates 53600 104) Parking Lot- 20 or fewer spaces Restriping - Structural Plan Check per space $1.87 $1.91 51601 105) Parking Lot -20 or fewer spaces Restriping - Inspection per space $1.87 $1.91 53600 106) Parking Let - >20 spaces Resurface- Structural Plan Check per space $1.87 $1.91 51601 107) Pulsing Lot - >20 spaces sfResurface - Insp Patapsco $1.87 $1.91 51601 108) Minimum Fee- Inspection flat $138.22 $141.26 51602 51603 51604 53600 109) Minimum Fee - Plan Check hourly, min 1/2 hr $191.63 $195.84 53601 53602 53603 51601 110) Re- inspection hourly $138.22 $141.26 51602 51603 51604 53600 111) Prelim Plan Check Review - perhour °1 hourly $191.62 $195.83 53601 53602 53603 53600 112) EncrgyPC -4,000 sf. sq. ft. $0.09 $0.10 53600 113) Energy PC - 8,000 sf sq. ft. $0.09 $0.10 53600 114) Accessibility PC -4,000 at- Structural Plan Check sq. ft. $0.14 $0.15 51601 115) Accessibility PC -4,000 sf - Inspection sq. It. $0.04 $0.05 53600 116) Accessibility PC -8,000 sf- Structural Plan Check sq, ft. $0.09 $0.10 51601 117) Accessibility PC -8,000 sf- Inspection sq. ft. $0.03 $0.04 75B3 _44 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 118) Change o£ Use °l deposit $700.15 $715.55 53600 119) Code Modification - simple flat $764.63 $781.45 53601 53602 53603 53600 120) Code Modification - moderate flat $1,529.26 $1,562.91 53601 53602 53603 53600 121) Code Modification - complex flat $3,058.53 $3,125.82 53601 53602 53603 53600 122) Notice of Violation- Structural Plan Check New hourly $191.63 $195.84 51601 123) Permit issuance Fee - EMP and Misc. Building flat $47.48 $48.52 51602 51603 51604 51601 124) Penrilt Issuance Fee- Residential and Non Residential flat $126.62 $129.40 51600 125) Permit Issuance Fee- General Plan Update surcharge flat $19.04 $19.46 51601 126) Permit Renewal/Extension Fee flat $0.00 $70.63 51602 (per permit renewed or extended) 51603 51604 53600 121) Solar Panel - Structural Plan Check $191.62 $195.83 51601 128) Solar Panel- Inspection Residential $282.27 $288.48 51601 129) Solar Panel - Inspection Commercial $850.62 $869.34 51601 130) Field Plan Check - subject to field Structural Plan Check hourly $138.22 $141.26 53600 131) Cell Tower - Structural Plan Check hourly $191.62 $195.83 53600 132) Deferred Submittal - Structural Plan Check hourly $191.62 $195.83 75B-3t-45 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to die fees indicated in Resolution 2009 -018 53600 133) Rooftop equipment - Structural Plan Check hourly $191.62 $195.83 53600 134) Equipment Changeout- Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 53600 135) Dust Collecting - Structural Plan Check hourly $191.62 $195.83 53600 136) Above /Below Ground Tank - Structural Plan Check hourly $191.62 $195.83 53600 137) Trash Enclosures - Structural Plan Check flat $191.62 $195.83 53600 138) Lighting Standards - Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 51601 139) Lighting Standards - Inspection hourly $138.22 $141.26 53600 140) Pedestrian Protection- Structural Plan Check hourly, min 1/2 fir $191.62 $195.83 51601 141) Pedestrian Protection - Inspection hourly, min 21hr $138.22 $141.26 53600 142) Security Card Reader- Structural Plan Check hourly, min 1/2 hr $191.62 $195.83 53600 143) Piro Damage Repair ,Structural - Plan Cheek hourly $191.63 $195.84 51601 144) Certificate of Occupancy inspection flat $34.58 $35.34 51601 145) Temporary Certificate of Occupancy flat $415.94 $425.09 53600 146) Revision - Structural Plan Check n hourly, min 1/2 hr $191.62 $195.83 53601 147) Revision -EMP Plan Check hourly, min1 /2hr $191.62 $195.83 53602 53603 51601 148) Special Inspection hourly $138.22 $141.26 51602 51601 149) Relocation Inspections Main building or structure Each $420.81 $430.07 Accessory structure Each $83.47 $85.31 Inspection for structures located outside of the City Per Mile $0.82 $0.84 Travel time Per Hour $83.47 $85.31 53600 150) Misc. Non- resid. Structures: 200 sfPatio Cover- Structural sq. ft. $0.37 $0.38 Plan Check 51601 15 1) Misc, Non Resid. Structures: 200 sf Patio Cover - Structural hap sq, [L $0.33 $0.34 75B3 46 RESOLUTION 2014 - 49# 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING &BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 see individual 51602 152) Misc. Non Resid. Structures: 200 sf Patio Cover - EMP Insp see individual item schedule item schedule 51603 51604 57600 153) Accelerated Plan Check Pee hourly $122.81 $125.51 51601 154) Appeals Each $1,167.81 $1,193.50 The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the time of filing of the appeal. 51601 155) Change of incorrect address Each Project $57.02 $58.27 51601 156) Change of owner or contractor Each Project $57.02 $58.27 51601 157) Flood plain construction standards variances Each $252.10 $257.64 51601 158) Expedited copy request Per Flour $57.02 $58.27 51601 159) Penalty Pees in addition to investiagation fee and permit fee flat $209.73 $214.35 51602 51603 51611 51604 51606 51601 160) Viclation/Investigation Pees Per hour $83.47 $85.31 51602 51603 51611 51604 51606 51601 16 1) OCPA Administrative Processing Fee Each $15.00 $15.00 51601 162) Microfilm Records Each Sheet $3.24 $3.31 51630 163) Fireworks Stand Inspections Per Booth $25.98 $26.55 75B 3t -47 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolulion 2009 -018 Refunds $39.91 $40.79 Upon written request Aom the penmittee, refunds of permit fees may be made to the penmittee in an amount equal to 80% of the permit fee, exclusive of the plan cheek and issuance fee; except that no permit fees shall be refunded under any of the following circumstances; (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division Ifs permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the per ittee in an amount equal to 100% of the plan check fee in excess of $40,79 paid. In no other case may any plan check fees be refunded. Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Community Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this Pee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. Note. The volmnefor Plan Check activity has been reduced to reflect thefact that contract services and overtime are used to complete a portion of activity. °f Not all re- roofing activities require plan check. Material and cwrent structure design will be the decidingfactor. nt This service will be charged an initial deposit and then charged by hourly rate. These services were reallocated across fee areas as an overhead. 'hh Up to l0 racks. Each additional rack will be charged at $10.50 each. $10.27 $10.50 e Hourly rates will be charged after the minimum is met, ifrequired. 75B'2 -48 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IS PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 n This revenue is earmarked for the General Plan Update and is not included in new revenue figures. All plan cheek services reflect an inifialplus two rechecks. Additional reviews will be charged on an hourly basis. Any unique plan check or inspection that does not match a service category will be charged of an hourly basis. Electrical Fees 51603 164) Permit Issuance $47.48 $48.52 51603 165) Minimum Fee (Nonresidential) $63.28 $64.68 53601 166) Electrical Plan Check Fee (when required) 65% of Subtotal 65% of Subtotal 51603 167) 125 Volt Receptacle Outlets $1.25 $1.28 51603 168) Light Switches, Occupancy Sensors $1.36 $1.39 51603 169) Light Fixtures $0.90 $0.92 51603 170) Air Conditioners, Heat Pumps $83.58 $85.42 51603 171) Factory-Wired Units (Solid Hook -Ups) $21.39 $21.86 51603 172) Dedicated Circuits (15 or 20 AMP Receptacles) $21.39 $21.86 51603 173) Time Clock, Photo -Cell, Time Switch $10.43 $10.66 51603 174) Track - Light, Cable Tray, Special Raceway, Plugtnold, Each 100 ft. $21.39 $21.86 Under -Floor Duct, Plug -In Busways, Wiremold, Etc. or traction thereof Service Meter, Reset Meter, Subpanel, Switchboard, Motor Control Center, Transfer Switch, Busduct, or other Distribution Equipment changes or mdoficafiens. 51603 175) Under 400 amperes $45.96 $46.97 51603 176) 400 amperes to 1199 amperes $125.31 $128.07 51603 177) 1200 amperes and over $208.79 $213.38 Motor, Transformer, Welder, Industrial Equipment, Oven, Rectifier, Generator, Surge Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment, 51603 178) 0 to 1 HP, kW or kVA $3.08 $3.15 51603 179) Over I to 10 HP, kW or I VA $20.09 $20.53 75B!�-49 RESOLUTION 201440 2.20 REVENUE FY 1344 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION LY PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51603 180) Over 10 to 50 HP, kW or kVA $39.86 $40.73 51603 18 1) Over 50 to 100 HP, kW or kVA $90.52 $92.51 51603 182) Over 100 to 500 HP, kW or kVA $130.06 $132.92 51603 183) Over 500 HP, kW or kVA $162.46 $166.04 Low Voltage: phone, data outlet, speaker, thermostat, door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. Commercial: 51603 184) FIRST 10 devices or outlets $29.22 $29.86 51603 185) Additional Devices $2.76 $2.82 51603 186) Each control panel, power supply annunciator, switch or auxiliary equipment $13.93 $14.23 Residential: 51603 187) Single Dwelling Unit $31.67 $32.37 51603 188) Each Additional dwelling unit (2 -20) $27.86 $28.48 51603 189) Each additional Unit (Over 20) $17.01 $17.38 Miscellaneous: 51603 190) Light Standard (Pole) with one fixture $21.39 $21.86 51603 191) Additional Fixtures - Same Pole $0.00 $0.00 51603 192) Power Pole (Temporary) $88.90 $90.85 51603 193) Additional Distribution Poles $21.39 $21.86 51603 194) Swimming Pool, Spa, Fountain $104.45 $106.74 51603 195) Above Ground Spa $45.13 $46.12 51603 196) Demolition $41.79 $42.71 75B!1 -50 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTION IS PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51603 197) Signs & Neon /LED Decorative Lighting $64.79 $66.22 (refundable bond) New or Total Rewire for Single Family Dwellings: 51603 198) SFD (per square foot) sq. ft. $0.12 $0.13 51603 199) Garage (per square foot) sq, ft'. $0.12 $0.13 51603 200) Temporary Electrical Service, Prior to approval or Each Meter $210.54 $215.17 Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000.00 cash or casbier's check conforming to the Santa Ana Municipal Cade Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued, 51604 201) Permit Issuance Fee $47.48 $48.52 51604 202) Minimum Fee (Nonresidential) $63.28 $64.68 53603 203) Stand Alone Mechanical Plan Check 65% of Subtotal 65% of Subtotal Furnace including ducts & vents (each) 51604 204) Up to 100,000 BTU $56.56 $57.80 51604 205) Over 100,000 BTU $80.71 $82.49 51604 206) Furnace /Compressor Combo (Residential) $109.46 $111.87 Each Compressor Boiler or Heat Pump (packaged orsplit system) 51604 207) Up to 5 HP $77.78 $79.50 51604 208) Over 5 to 30 HP $93.03 $95.07 5 t604 209) Over 30 to 50 HP $116.29 $118.85 51604 210) Over 50 HP $125.31 $128.07 51604 211) VAV Box up to 2,000 CFM $38.40 $39.24 51604 212) VAV Box Over 2,000 CFM $56.56 $57.80 M 4 -51 RESOLUTION 2014 - 9## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION LY PLANNING & BUILDING AGENCY Projects prior to May 18, 1009, shall be subject to the fees indicated in Resolution 1009 -018 51604 213) Air Handling Unit Up to 2,000 CFM $38.40 $39.24 51604 214) Air Handling Unit Over 2,000 CFM $56.56 $57.80 Miscellaneous 51604 215) Outdoor Dual Package Heating/Cooling $97.67 $99.82 51604 216) Wall Heater $56.56 $57.80 51604 217) Unit Heater $55.98 $57.21 51604 218) Suspended Heater $50.14 $51.24 51604 219) Decorative Fireplace (Wood or Gas) $50.14 $51.24 51604 220) Clothes Dryer (Residential) $34.79 $35.56 51604 221) Clothes Dryer (Commercial) $47.01 $48.04 51604 222) Any Alteration, Repair or Addition to a Ventilation System (per system unit) $37.62 $38.45 51604 223) Vent System (Not part of an HVAC System) $52.95 $54.12 51604 224) Type I hood with Duct & Fan $97.67 $99.82 51604 225) Type H hood with Duct &Fan $56.56 $57.80 51604 226) Environmental Air Fan (Residential or Commercial) $30.37 $31.04 51604 227) Laundry Fan (Environmental air) $30.05 $30.71 51604 228) Bathroom /Restroom Fan $26.31 $26.89 51604 229) Range Hood (Residential) $27.86 $28.48 51604 230) Commercial Vent Fan $37.62 $38.45 51604 231) Fan Coil $48.99 $50.07 51604 232) Evaporative Cooler $56.56 $57.80 51604 233 Gas Piping (Incidental) $19.31 $19.73 75B-�_52 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 234) Fire Damper $56.56 $57.80 51604 235) Install /Repair /Replace Appliance Vent $56.56 $57.80 51604 236) Product Conveying System (Flammable Vapors, Fumes, Smoke, Heat) $162.46 $166.04 51604 237) Dust Collection System $162.46 $166.04 51604 238) Appliance Not Listed $56.56 $57.80 51604 239) System Not Listed (Holum Smoke Evac, Crematory, Etc) $162.46 $166.04 Absorption System 51604 240) Up to 1,000,000 BTU $67.51 $69.00 51604 241) 1,000,001 to 1,750,000 BTU $95.99 $98.11 51604 242) 1,750,001 and over $162.46 $166.04 51604 243) Commercial Cooking Equipment (Ovens /Fryers/Etc) $36.94 $37.75 51604 244) Condensate Pomp $27.60 $28.20 51604 245) Kiln <20cubic Peet (includes hood and duct) $56.97 $58.22 51604 246) Air Compressor (each includes piping) $56.97 $58.22 51604 247) Cooling Tower $56.97 $58.22 51604 248) Heat Exchanger $52.22 $53.37 51604 249) Electrostatic Precipitator $33.71 $34.45 51604 250) Vacuum Cleaner System (Residential) $56.97 $58.22 51604 251) Humidifier $33.76 $34.50 51604 252) Duct Heater $56.97 $58.22 51604 253 Wood Sawdust System $122.40 $125.09 51604 254) Incinerator (Residential) $37.98 $38.81 51604 255) Incinerator (Commercial) $162.46 $166.04 75B41 -53 RESOLUTION 2014 - # ## 2.20 REVENUE FY 1344 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 Plumbing Feea 51602 256) Permit Issuance Fee $47.48 $48.52 51602 257) Minimum Fee (Nonresidential) $63.28 $64.68 53602 258) Stand Alone Plumbing Plan Check Fee 65% of Subtotal 65% of Subtotal Fixtures: 51602 259) Water Closet $12.26 $12.53 51602 260) Urinal $9.39 $9.59 51602 261) Tub /Shower $19.19 $19.62 51602 262) Whirlpool Tub $19.19 $19.62 51602 263) Sinks $10.96 $11.20 51602 264) Clothes Washer $12.05 $12.31 51602 265) Dishwasher $10.33 $10.56 51602 266) Garbage Disposal $9.18 $9.38 51602 267) Floor Sink $13.93 $14.23 51602 268) Floor Drain $13.93 $14.23 51602 269) Drinking Fountain $7.72 $7.89 51602 270) Cap Fixture $6.00 $6.13 Sewer: 51602 271) New Sewer (First 100 Feet) $55.71 $56.94 51602 272) Additional Sewer Connection $19.19 $19.62 51602 273) Each Additional 100 Feet of Sewer $19.19 $19.62 51602 274) Repair /Alter Sewer $38.40 $39.24 51602 275) Private Sewage Disposal System $116.29 $118.85 75B.;2-54 RESOLUTION 2014 - # ## 278) New Gas System (1 - 4 outlets) $38.40 $39.24 51602 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IS PLANNING & BUILDING AGENCY 281) Repair Gas Piping $38.40 Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 282) Cap Gas Outlet 51602 276) Cesspool $56.56 $57.80 51602 277) Cap Sewer $86.19 $88.08 Gas: 51602 278) New Gas System (1 - 4 outlets) $38.40 $39.24 51602 279) Additional Gas Outlet (each) $6.10 $6.23 51602 290) Extend /Alter Gas System $56.56 $57.80 51602 281) Repair Gas Piping $38.40 $39.24 51602 282) Cap Gas Outlet $7.30 $7.46 Swimming Poole: 51602 283) PcolTrap $19.19 $19.62 51602 284) Pool Heater $62.66 $64.04 51602 285) Pool Piping $38.40 $39.24 Miscellaneous: 51602 286) Water Heater (Residential up to 50 gallons) $19.19 $19.62 51602 287) Water Heater (Commercial up to 50 gallons) $19.19 $19.62 51602 288) Water Heater (Res /Conan over 50 gallons) $78.73 $80.46 51602 289) Water Heater('Tankless) $56.56 $57.80 51602 290) Water Service (each 100 feet) $38.40 $39.24 51602 291) Water Piping (each 100 Peet) $38.40 $39.24 51602 292) Repipe (Residential -Each 100 Feet) $38.40 $39.24 51602 293) Primary/Secondary Roof Drain (per set) $38.40 $39.24 51602 294) Deck /AreaDrain $8.30 $8.48 51602 295) Rainwater System $38.40 $39.24 75B4t -55 RESOLUTION 2014 - 9## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT FIDES FIDES SECTION IX PLANNING& BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees Indicated in Resolution 2009 -018 51602 296) Rainwater Piping (buried) $18.68 $19.09 51602 297) Stalin Drains $24.68 $25.22 51602 298) Water Soflener(Residential) $19.19. $19.62 51602 299) Water Soflener(Cormnercial) $38.40 $39.24 51602 300) Lawn Sprinkler (Each) $8.76 $8.95 51602 301) Backflow Preventer(Less than 2 inches) $19.19 $19.62 51602 302) Backflow, Preventer (2 inches and bigger) $38.40 $39.24 51602 303) Vacuum Breakers(] to 5) $17.53 $17.92 51602 304) Vacuum Breakers (Over S - each) $5.01 $5.12 51602 305) Hose Bib with Vacuum Breaker $13.35 $13.64 51602 306) Grease /Waste Interceptor $32.40 $33.11 51602 307) Dental Unit $27.86 $28.48 51602 308) Medical Gas Piping (Fire Department) $38.40 $39.24 51602 309) Alteration to Drain or Vent Piping $38.40 $39.24 51602 310) Appliance not listed $56.56 $57.80 51602 311) Sewage Ejector $56.56 $57.80 51602 312) Some Pump $56.56 $57.80 51602 313) Hot Water Storage Tank $26.29 $26.87 51602 314) Heat Exchanger $49.72 $50.81 51602 315) Cooling Tower $56.55 $57.79 51602 316) Boaster Pumps $30.63 $31.30 51602 317) Fireline/Hydrant (Each 100 Feet) $38.40 $39.24 75B21 -56 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the Pees indicated in Resolution 2009 -018 51602 318) Temporary Gas Meter, Prior to approval Or Ocepancy (30 Days) At the time of application for temporary power, the owner shall poet a $1,000.00 cash or cashier's cheek conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. PIPELINE PROJECT FEES PER RESOLUTION NO. 2009 -018 GENERAL PROVISIONS Unless otherwise provided, payment of fees and charges as established herein shall be made to the Executive Director of the Planning and Building Agency or his/her authorized representative at the time of initial application or request for the permit or service for which a fee is charged or imposed. No permit shall be issued to any person, firm or corporation unless all fees therefore have been paid in full. Exception: Waiver of Fee No permit or plan check fees required by this resolution will be charged for public improvement projects performed by construction contractors and subcontractors pursuant to contract with the City of Santa Ana or the Cormmunity Redevelopment Agency of the City of Santa Ana nor for any work performed by employees of the City in the course of their employment. However, this fee waiver does not exempt any party from obtaining a permit for such work nor exempt such party from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. REFUNDS Upon written request from the permitted, refunds of permit fees maybe made to the permittee in an amount equal to 80% of the permit fee, exclusive of the plan check and issuance fee; except that no penmit fees shall be refunded under any of the following circumstances; 75B4t -57 UNIT Each Meter 2.20% FY 13 -14 FY 14 -15 FIDES FEES $210.54 $215.17 RESOLUTION 2014 - # ## REVENUE ACCOUNT SECTION IS PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 (1) 180 days has elapsed from the date of the issuance of the permit (2) inspections have been performed by the Building Safety Division If a permit has been issued for a project located in an area outside of the jurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously issued, 100% of the permit and plan check fee may be refunded. If a plan check fee has been paid and the plan is withdrawn by the applicant prior to the plan check, refunds of plan check fees may be made to the permittee in an amount equal to 100% of the plan check fee in excess of $40.79 paid. In no other case may any plan check fees be refunded. 51601 SPECIAL INVESTIGATION FEE 51602 51603 A special investigation fee shall be charged by the Building 51611 Official for any investigation of building structural work, 51604 reports, certification, or any other related work requested by 51606 an owner or his authorized agent. Said fee shall be assessed in an amount sufficient to reimburse the City for the costs actually incurred by the City based upon a rate of $85.31 per hour but in no case shall be less than $85.31. 51601 VIOLATION /INVESTIGATION FEES 51602 51603 When any work for which a permit is required has been 51611 commenced without the authorization of such permit, an 51604 investigation may be required before a permit will be issued 51606 for such work An investigation fee shall be assessed in an amount sufficient to reimburse the City for costs actually incurred by the City based on a rate of $85.31 per hour but in no case less than $85.31 shall be collected. 51601 PENALTY FEES 51602 51603 In addition to the investigation fee and regular permit fee, a 51611 penalty in an amount equal to the amount of the total permit 51604 fee shall be required, but in no case less than $214.35. 51606 75B41 -58 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES $39.91 $40.79 $83.47 $85.31 $83.47 $85.31 $209.73 $214.35 RESOLUTION 2014 - # ## REVENUE Whenever a Business License Tax application requires ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51601 EXPEDITED COPY REQUEST 51605 APPROVAL FOR BUSINESS CERTIFICATE OF OCCUPANCY 51601 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. 75B51 -59 Whenever a Business License Tax application requires FY 13 -14 approval of a Business Certificate of Occupancy each UNIT FEES application shall be accompanied by the payment of a Per Hour $57.02 nonrefundable application processing fee of $32.51 and an inspection fee of $50.52 which shall be refunded if an inspection proves to be unnecessary. 51601 DEMOLITION PERMIT The fee for a permit to demolish a building or structure shall be based upon the contract price but in no case less than the minimum building permit fee of $85.31. 098001001- When a building is demolished, the owner shall provide the 24015 City with a cash or surely bond as described in Section 8 -1768 through 8 -1771 of the Santa Ana Municipal Code. For the purpose of lot cleanup and capping of the sewer lateral, the value of the bond is to be established by the Building Official but in no case shall the bond be less than $1,000.00 per building. A single family dwelling and garage shall be considered as one building for bonding purposes. 51601 FLOODPLAIN CONSTRUCTION STANDARDS VARIANCES 51601 APPEALS The fee for an appeal of a ruling of the Building Official to the Planning Commission (SAMC Section 806.254) shall be payable at the tune of filing of the appeal. 51601 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. 75B51 -59 Each Each Each $81.24 $83.03 $83.47 $85.31 $252.10 $257.64 $1,167.81 $1,193.50 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Per Hour $57.02 $58.27 Each Each Each $81.24 $83.03 $83.47 $85.31 $252.10 $257.64 $1,167.81 $1,193.50 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 Main building or structure Each $420.81 $430.07 Accessory structure Each $83.47 $85.31 Inspection for structures located outside of the City Per Mile $0.82 $0.84 Travel time Per Hour $83.47 $85.31 53600 APPLICATION PROCESSING AND PLAN CHECKING FEES An application processing fee and plan checking fee shall be paid to the Building Official at the time of submitting plans for checking. Such fee shall be equal to 65% of the building permit fee as set forth in this resolution. For all buildings, such fee shall also include a surcharge for state mandated energy conservation enforcement equal to $22.00 for each 1,000 square feet of building area, or fraction thereof, up to 4,000 square feet, and $11.00 for each additional 1,000 square feet or fraction thereof'. For any plan submitted which is subject to the disabled accessibility requirements of Title 24, California Code of Regulations, a surcharge of 10% of the basic plan check fee shall be required, 51601 OSHPD CERTIFICATION FEE 53600 Whenever plans are submitted for the construction of specialized medical clinics which require bylaw certification of compliance with requirements set forth by the Office of Statewide Health Planning and Development(OSHPD -3 certification), a building permit fee will be paid to the Building Official equivalent to 1% of the construction valuation. An additional plan check fee equivalent to .65% ofthe construction valuation will be paid to the Building Official at the tune plans are submitted for plan check. This fee does not preclude other applicable fees which are normally assessed by the City. 51601 MICROFILM RECORDS Each Sheet $3.24 $3.31 Whenever plans are submitted which are required by any law or City procedure to be maintained as a permanent record, the following fees are to be charged for the purpose of creating and maintaining permanent files. 75B-51 -60 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS /MODIFICATIONS) 53602 53601 Whenever the Building Official is requested to approve Each 53603 alternate materials or methods of construction in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. Whenever the Building Official is requested to approve a Each modification of code in accordance with the Building Code, Plumbing Coda, Mechanical Code or the Administrative Code provisions for the Electrical Code. 2.20% FY 13 -14 EY 14 -15 PEES FEES $252.10 $257.64 $252.10 $257.64 53600 STRUCTURAL ENGINEERING PLANCHECK Fees for structural engineering plan check services for structures requiring a dynamic structural analysis in accordance with Chapter 16 of the Building Code, or in accordance with State AB 3249, shall be charged to the applicant. Said charge shall be the actual costs incurred by the City for such service and shall be paid in addition to other applicable fees listed herein. SPECIAL INSPECTOR REGISTRATION FEE Each $83.47 $85.31 Inspection The fee for registration of special inspectors in accordance Specialty with Section 8 -100 of the Santa Ana Municipal Code. 53600 BUILDING PLAN CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 53602 ELECTRICAL, PLUMBING AND MECHANICAL PLAN 53601 CHECK FEE FOR IDENTICAL, RESIDENTIAL R -3, 53603 WITH DETACHED OR ATTACHED GARAGES: Models Only 100% All other identical plans 50% 51601 CIIANGE INCORRECT ADDRESS Each Project $57.02 $58.27 51601 CHANGE OWNER OR CONTRACTOR Each Project $57.02 $58.27 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS 75B5 -61 RESOLUTION 20144## REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT SECTION LN PLANNING & BUILDING AGENCY Projects prior to May 18, 1009, shall be subject to the fees indicated in Resolution 2009 -018 Prior to issuance of permits to correct work required by a Notice of Violation or Notice and Order, the Building Official may require a cash or surety bond as described in Sections 8 -1769, 8 -1770 and 84771 Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 for each Notice of Violation or Notice and Order. 57600 ACCELERATED PLAN CHECK FEE FIELD PLAN CHECK FEE 53600 PRELIMINARY REVIEW OF BUILDING STANDARDS COMPLIANCE 09801001- SIGNS 24015 When a pennit is required for an illuminated or non-illuminated sign, the owner shall provide the City a cash or surety bond as described in Section 8 -1768 through 8 -1771 of the Santa Ana Municipal Code. The amount of the bond shall be established by the Building Official, but shall not be less than $200.00 per address. 51601 TEMPORARY CERTIFICATE OF OCCUPANCY SPECIFIC CODE FEES AND CHARGES 51601 BUILDING CODE Any person desiring a permit required by the Building Code shall, at the time of filing an application fee of $40.79. The determination of total valuation shall be made by the Building Official. The value to be used shall be the total value of all construction work for which the permit is issued using the building valuation data based upon in the most recent edition of Building Safety Journal published by the International Code Council. The value of work performed as a remodel and other valuations not published by the International Code Council shall be determined by the Building Official. Per Hour Minimum Fee Per Hour Minimum Fee Per Hour 75B51 -62 Each Project Each Permit 2.20 FY 13 -14 FY 14 -15 FEES FEES $122.81 $125.51 $83.47 $85.31 $83.47 $85.31 $415.94 $425.09 $39.91 $40.79 RESOLUTION 2014 -40 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51601 PARKING LOT RESURFACING AND /OR REPAINTING Existing parking lot resurfacing and /or repainting, fee shall be based on the value of the work performed. 51601 UNDERGROUND TANK REMOVAL Underground tank removal and backfill fee shall be based upon valuation. 51601 EXCAVATION FOR SOIL CONTAMINATION Excavation and backfill related to soil contamination fee shall be based upon valuation. BUILDING PERMIT FEE SCHEDULE (FEES BASED UPON VALUATION OF WORK) TOTAL VALUATION FEE UNIT 2.20 FY 13 -14 FY 14 -15 FEES FEES $1.00 TO $500.00 $22.40 $21.92 $22.40 $501.00 TO $2000.00 $22,40 for the first $500.00 plus $3.32 $21.92 $22.40 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $7438 for the first $2,000,00 plus $10.73 $72.78 $74.38 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 TO $50,000.00 $331.91 for the first $25,000.00 plus $7.72 $324.77 $331.91 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 75B51 -63 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FIDE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 $50,001.00 TO $100,000.00 $533.19 for the first $50,000.00 plus $521,72 $533.19 $5.52 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 TO $500,000.00 $821.12 for the first $100,000.00 plus $ 803.44 $ 821.12 $4.19 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $500,001.00 TO $1,000,000.00 $2,569.99 for the first $500,000.00 plus $ 2,514.67 $ 2,569.99 $3.68 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $1,000.001.00 AND UP $4,489.49 for the first $1,000,000.00 $ 4,392.85 $ 4,489.49 plus $2.25 for each additional $1,000.00 or fraction thereof. 51601 1) Inspections outside ofnoimal business hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) Per Hour $83.47 $85.31 51601 2) Re- inspection fee assessed under applicable provisions of the Building Code Per Hour $83.47 $85.31 51601 3) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) Per Hour $83.47 $85.31 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1) hr.) Per Hour $83.47 $85.31 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical Code Each Permit $39.91 $40.79 shall, at the time of filing an application, pay a fee of $40.79. There is no minimum fee for the issuance of permit for single family residences and duplexes. The minimum fee for issuance of a permit for all other uses shall be $66.65. $65.21 $66.65 75B-5t-64 RESOLUTION 2014 -90 REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION LN PLANNING &BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to deject indicated in Resolution 2009 -018 FEESCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: Six cents ($.06) per square foot per floor plus $34.07 per service mater shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.06) per square foot for detached or attached garages or carports shall only include receptacle, switch and lighting outlets. All other fees shall apply. 51603 2) Receptacles, outlets, light fixtures and general use switches, each 51603 3) Each air conditioner 51603 4) Each self - contained factory wired approved unit, such as home appliances, heaters, vegetable cases, drinking fountain, heating appliances, multiple outlet assemblies, etc. 51603 5) Busways, special raceways, under floor ducts, trolley or plug -in busways each one hundred (100) feet or fraction thereof 51603 6) Fire alarm communications, data control systems, smoke detectors and low voltage system: Con rnercial (charge by number of devices): 0 - 10 total devices 10 or more total devices Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems, Residential (charge by number of dwelling units): Residential unit (1) Each add'1 residential unit in a multiple - dwelling occupancy Each add'1 residential unit over 20 in a hotel, metal, boarding house or lodge 51603 7) Dedicated circuit 75B 51 -65 2.20 FY 13 -14 FY 14-15 UNIT FEES FEES Per Each Each Each Each 100' $33.34 $34.07 $1.05 $1.07 $44.60 $45.58 $11.01 $11.25 $11.01 $11.25 Each $23.48 $23.99 $1.90 $1.94 Each $11.01 $11.25 Each Each Each $24.00 $24.53 $14.40 $14.72 $8.71 $8.90 $11.01 $11.25 RESOLUTION 2014 - # ## REVENUE $34.07 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51603 8) Service Meters, Reset Meters, Subpanel, Switchboard, Motor $171.58 Control Canter, or similar equipment changes or additions. $33.34 599 volts or less, under 400 amps. 599 volts or less, 400 amps and less than 1200 amps. 598 volts or less, 1200 amps and over. 51603 9) Signs and high - potential gas tube lighting, each Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each 51603 l l) Above ground spas 51603 12) Temporary power- construction: For services supplying a temporary power pole, pedestal or piggyback For a system of distribution and utilization of poles for temporary construction power, each pole 51603 13) Temporary construction lighting: 500 lamps or less Over 500 lamps 51603 14) 'temporary services: At the time of application for temporary power, the owner shall post o $1,000,00 cash or cashier's check conforming to the Santa Ana Municipal Code Section 8 -1768 for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy Is issued. Temporary Electrical Service, Prior to Approval Or Occupancy (30 Days) Temporary work with service, each meter 51603 15) Lighting standards: 75B21 -66 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each Meter $33.34 $34.07 Each Meter $83.47 $85.31 Each Meter $167.88 $171.58 Each $33.34 $34.07 Each $73.72 $75.34 Each $23.73 $24.26 Each $57.96 $59.24 Each Pole $11.01 $11.25 $4.96 $5.07 $8.66 $8.85 Each Meter $210.54 $215.17 Each Meter $29.32 $29.97 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Prefects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 With one (1) fixture each Each $11.01 $11.25 Each additional fixture on the same standard Each $3.18 $3.25 51603 16) Time clock or photo electric cell, each Each $8.66 $8.85 51603 17) Radiant ceiling heat per room Per Room $11.01 $11.25 51603 18) Power apparatus: generators, motors, transformers, rectifiers, synchronous converters, capacitors, industrial heating, cooking or baking equipment, and other apparatus as follows: (Ratings - horsepower (HP), kilowatts (KW), and Kilovolt amps (KVA)) Up to and including 1 HP, KW, KVA each Each $4.49 $4.59 Over 1 and not over 10 HP, KW, KVA each Each $11.58 $11.84 Over 10 and not over 50 HP, KW, KVA each Each $23.48 $23.99 Over 50 and not over 100 HP, KW, KVA each Each $50.29 $51.40 Over 100 and not over 500 HP, KW, KVA each Each $66.99 $68.47 Over 500 HP, KW, KVA each Each $83.47 $85.31 51603 19) Demolition, per project Per Project $32.50 $33.22 51603 20) Inspections outside of normal business hours (four hour Per Hour $83.47 $85.31 minimum charge for Holidays, Saturday or Sunday inspections) 51603 21) Re- inspection Pee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51603 22) Inspections for which no fee is specifically Per Hour $83.47 $85.31 indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour $83.47 $85.31 revisions to approved plans (minimum charge - one (1) hour) 75B51 -67 RESOLUTION 2014 - # ## Any person desiring a permit required by the Mechanical Each Permit 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 of $40.79. There is no minimum fee for the issuance of a ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical pennit fee and shall be paid at the nine of subrnitting plans. 51604 75B51 -68 Any person desiring a permit required by the Mechanical Each Permit $39.91 $40.79 Code shall, at the time of filing an application, pay a fee of $40.79. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a pernit for all other uses shall be $66.65. $65.21 $66.65 FEESCHEDULE 51604 1) For the installation or relocation of each forced -air or Each $29.12 $29.76 gravity-type furnace or burner, including duct's and vents attached to such appliance, up to and including 100,000 BT(Eh 51604 2) For nre installation or relocation of each forced -air Each $41.58 $42.50 or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 BTU/h 51604 3) For the installation or relocation of each boiler, compressor, Each $50.29 $51.40 condensing unit or heat pump up to and including five horsepower, or each absorption system to and including 100,000 BTU /h 51604 4) For the installation or relocation of each boiler, Each $50.29 $51.40 compressor, condensing unit or beat pump over five horsepower up to and including 30 horsepower or for each absorption system over 100,000 BTU/h up to and including 1,000,000 BTU/h 51604 5) For the installation, relocation of each boiler, compressor, Each $61.04 $62.39 condensing unit or heat pump over 29 horsepower up to and including 50 horsepower or for each absorption system over 1,000,000 BTU /h up to and including 1,750,000 BTU/h 75B51 -68 RESOLUTION 2014 - 44# 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 6) For the installation or relocation of each boiler, compressor, Each $83.47 $85.31 condensing unit or heat pump over 49 horsepower, or each absorption system over 1,750,000 BTU/h 51604 7) For each VAV control box or air handling Each $19.77 $20.20 unit to and including 2,000 cubic feet per minute, including ducts attached thereto 51604 8) For each VAV or air-handling unit over 2,000 cfin Each $29.12 $29.76 Note: This fee shall not apply to an air - handling unit which is a portion of a factory assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required else where in this code. 51604 9) Outdoor dual packaged heating and cooling Each $50.29 $51.40 51604 10) For the installation or relocation of each floor Each $29.12 $29.76 furnace, including vent 51604 t 1) For the installation or relocation of each suspended Each $29.12 $29.76 heater, recessed wall heater or floor - mounted unit heater 51604 12) Decorative fireplace Each $29.12 $29.76 51604 13) For the repair of, alteration of, or addition to each heating Each $19.77 $20.20 appliance, refrigeration unit, cooling unit, absorption unit, or each heating cooling, absorption, or evaporative cooling system, including installation of controls regulated by this code Note: Each HVAC system served by a VAV control box is considered a separate system. 51604 14) For the installation of each Type I commercial Each $50.29 $51.40 kitchen hood which is served by mechanical exhaust, including the ducts for each hood 51604 15) For the installation of each Type D residential or Each $29.12 $29.76 commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood 75B21 -69 RESOLUTION 2014 4#4 2.20 REVENUE - FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May I8, 2009, shall be subject to the fees indicated In Resolution 2009 -018 51604 16) For each ventilation fan connected to a single duct Each $19.77 $20.20 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundry roots exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 51604 17) Fan coil installation Each $33.34 $34.07 51604 18) For each evaporative cooler other than portable type Each $29.12 $29.76 51604 19) Incidental gas piping Each $19.77 $20.20 51604 20) Fire damper installation, each Each $29.12 $29.76 51604 21) Vent fan Each $29.12 $29.76 51604 22) Approved fire extinguishing system Each $29.12 $29.76 51604 23) For each appliance or piece of equipment regulated by this Each $29.12 $29.76 code but not classed in other appliance categories, for which no other fee is listed in this code (a) Commercial gas -fired cooking equipment (ranges, ovens, deep layers, broilers, etc.) (b) Clothes dryer and exhaust duct. (e) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (0 Heat exchanger (g) Exhaust fans for Type I or II Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. 0) Clean -room filter bank (HEPA) (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera, 51604 24) For the installation, relocation or replacement of each Each $29.12 $29.76 appliance "vent" installed and not included in an appliance permit 75B6 -70 RESOLUTION 2014 -NHN 2.20% REVENUE FY 1344 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION IX PLANNING .@ BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51604 25) Each process piping system Each $83.47 $85.31 51604 26) For each ventilation system which is not a portion of any Each $83.47 $85.31 heating or air - conditioning system authorized by permit (a) Halon exhaust system. (b) Wood sawdust collection system or similar collection system (paper, plastic, metal filings, etc.) (o) Smoke evacuation and exhaust system for public buildings, atrium, malls, etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammable vapors (2) Forces (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic- Each $19.77 $20.20 typo incinerator (Shall have permit and approval from S.C.A.Q.M,D.) 51604 28) For the installation of relocation of each commercial Each $83.47 $85.31 or industrial -type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 29) Inspections outside of normal business hours Per Hour $83.47 $85.31 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) Re- inspection fee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51604 31) Inspections for which no fee is specifically indicated Per Hour $83.47 $85.31 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour $83.47 $85.31 or revisions to approved plans (minimum charge - one (1) hour) MECHANICAL PLAN CHECK FEES Whenever mechanical plans are required by the Building Official, plan check fees shall be 65% of the mechanical permit fee and shall be paid at the time of submitting plans 75B62 -71 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS PEE OR SERVICE UNIT SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 2.20 FY 13 -14 FY 14-15 FEES FIDES 51602 Any person desiring a permit required by the Plumbing Code shall, Each Permit $39.91 $40.79 at the time of filing an application, pay a fee of $40.79. There is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $66.65. $65.21 $66.65 FEESCHEDULE 51602 1) For each plumbing fixture or trap or set of fixtures Each $9.86 $10.08 on one trap (including water, drainage piping, and backilow protection therefore) 51602 2) For each dental unit Each $19.77 $20.20 51602 3) Medical gas piping system per 100' Per 100' $19.77 $20.20 51602 4) For each building sewer Each $29.12 $29.76 (a) Each additional connection Each $9.86 $10.08 (b) Each additional 100 feet or fraction thereof Each $9.86 $10.08 (o) Sewer/alteration/repair Each $19.77 $20.20 51602 5) For each private sewage disposal system Each $60.47 $61.80 51602 6) For each cesspool (where permitted) Each $29.12 $29.76 51602 7) For each sewer cap Each $83.47 $85.31 51602 8) For each fixture cap Each $5.28 $5.39 51602 9) For each new gas piping system (includes one to Each $19.77 $20.20 four outlets) 51602 10) For each gas outlet of five or more Each $3.13 $3.20 51602 11) For the repair /replacement of a gas piping system Each $19.77 $20.20 (includes one to four outlets) 51602 12) For the alteration /addition to an existing gas system Each $29.12 $29.76 (includes one to four outlets) 75B t -72 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING .@ BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees Indicated in Resolution 2009 -018 51602 13) For each residential water heater and /or vent Each $9.86 $10.08 51602 14) For each commercial boiler or water heater Each $50.29 $51.40 51602 15) For installation, alteration, or repair of water Each $19.77 $20.20 piping, each 100' 51602 16) Rain water piping (buried), each 100' Each $12.73 $13.01 51602 17) Rainwater systems- per drain (inside building) Each $19.77 $20.20 51602 18) Roof drain system, per drain Each $19.77 $20.20 51602 19) Deck drains, per drain Each $6.94 $7.10 51602 20) For each lawn sprinkler system on any one meter, Each $12.73 $13.01 including backfiow, protection devices therefore (atmospheric type only) 51602 21) For a0nospherie -type vacuum breakers not included in Item 20: 0 toy $9.86 $10.08 Over 5, each $3.13 $3.20 51602 22) For each backfiow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller $9.86 $10.08 Over 2inches $19.77 $20.20 51602 23) For each pool trap Each $9.86 $10.08 51602 24) For each pool heater Each $50.29 $51.40 51602 25) For each industrial waste pretreatment interceptor Each $16.70 $17.07 including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each $9.86 $10.08 51602 27) For each commercial water conditioner Each $19.77 $20.20 51602 28) For repair or alteration of drainage or vent piping, Each $19.77 $20.20 each fixture 75B6 _73 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51602 29) For each appliance, fixture or piece of equipment regulated Each $29.12 $29.76 by this code but not classed in other categories, for which no other fee is listed in this code (a) Sewage Ejector (b) Sump Pump (c) Hot Water Storage Tank (d) Heat Exchanger (e) Cooling Tower (t) House Booster Pumps 51602 30) Temporary Gas Service, Prior to Approval Each Meter $210.54 $215.17 Or Ocepancy (30 Days) At the time of application for temporary power, the owner shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside ofnormal business hours (4 hour Per Hour $83.47 $85.31 ininimurn charge for Holidays, Saturday or Sunday inspections). 51602 32) Re- inspection fee assessed under applicable provisions Per Hour $83.47 $85.31 of the Building Code 51602 33) Inspections for which no foe is specifically indicated Per Hour $83.47 $85.31 (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or Per Hour $83.47 $85.31 revisions to approved plans (minimum charge -one (I) hour) PLUMBING PLAN CHECK FEES Whenever plumbing plans are required by the Building Official, plan check fees shall be 65% of the plumbing permit fee and shall be paid at the time of submitting plans. 51606 Any person desiring a grading permit required by the Building Code, shall, at the time ofliling an application, pay a fee of $40.79, 75B21 -74 Each Permit $39.91 $40.79 RESOLUTION 2014 4#9 REVENUE Per Hour $83.47 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE $85.31 SECTION IX PLANNING & BUILDING AGENCY Projects prior to May 18, 1009, shall be subject to the fees indicated in Resolution 2009 -018 FEESCHEDULE 51606 I) Grading Permit: a. One and Two S.F.D. b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction e. Non - Residential Site Less Than 2 Acres d. Non - Residential Site 2 Acres and More e. Preliminary Grading Permit, Underground Tank Removal and Excavation for Soil Contamination f. Existing Parking Lot Resurfacing and Repainting 51606 2) In addition to the above noted permit fees, a fee shall be collected for new site improvements, new parking lots, new concrete curb and gutter, and asphalt paving 51606 3) Inspections outside of normal business hours (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51606 4) Re- inspection fee assessed under applicable provisions of the Building Code 51606 5) Inspections for which no fee is specifically indicated (minimum charge -one (1) hour) SOLAR ENERGY CODE 51611 Any person desiring a permit required by the Solar Energy - Code shall, at the time of filing, pay an application, fee of $40.79. f here is no minimum fee for the issuance of a permit for single family residences and duplexes. The minimum total fee for issuance of a permit for all other uses shall be $66.65. FEESCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m) 75B61 -75 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Minimum Per Hour $83.47 $85.31 1 Hour 2 Hours 3 Hours 5 Hours 1 Hour 1 Hour Minimum Sq, Ft. $0.03 $0.04 Per Hour $83.47 $85.31 Per Hour $83.47 $85.31 Per Hour $83.47 $85.31 Each Penrat $39.91 $40.79 $65.21 $66.65 $9.86 $10.08 RESOLUTION 2014444 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENTIMISCELLANEOUS FEE OR SERVICE UNIT PEES RIDES SECTION Lr PLANNING & BUILDING AGENCY Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 Between 1,001 (93.1m') and 2,000 sq, ft. (186m') $16.70 $17.07 More than 2,000 sq. ft. (18rn') $16.70 $17.07 plus per 1,000 sq.fi. (93m2) or fraction $1.75 $1.78 thereof over 2,000 sq. ft. (186m') 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m') $8.45 $8.64 Between 751 (3m °) and 2,000 gallons $15.18 $15.51 More than 2,000 (8m') gallons $15.18 $15.51 plus per 1,000 (4m) or fraction thereof $1.75 $1.78 over 2,000 gallons Sin') 51611 3) For rock storage: Up to 1,500 cu. ft. (42m) $9.86 $10.08 Between 1,501 (42.1m) and 3,000 cu. ft. (84m) $16.70 $17.07 More than 3,000 cu. ft. (84m) $16.70 $17.07 plus per 1,000 cu. 11'.(28m) or fraction $1,75 $1,78 thereof over 3,000 cu. 11. (84m) 51611 4) Self- contained water heater (residential type) Each $9.86 $10.08 51611 5) Water heater (commercial type) Each $50.29 $51.40 51611 6) Heat exchanger Each $9.86 $10.08 51611 7) Water piping replacement, each 100 feet Each $19.77 $20.20 51611 8) Gas piping service, 1-5 outlets Each $19.77 $20.20 51611 9) Backflow prevention device Each $9.86 $10.08 51611 10) For each appliance or piece of equipment regulated Each $9.86 $10.08 by this code for which no tee is listed 6 75B -76 RESOLUTION 2014 - # ## REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT SECTION L4 PLANNING & BUILDING AGENCY $85.31 Projects prior to May 18, 2009, shall be subject to the fees indicated in Resolution 2009 -018 51611 11) Inspections outside of normal business hours Per Hour (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 51611 12) Re- inspection fee assessed under provisions of the Per Hour Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes, Per Hour additions, or revisions to approved plans (minimum charge - one (1 )hour) SOLAR PLAN CHECK FEES Whenever solar plans are required by the Building Official, plan check fees shall be 65% of the solar permit fee and shall be paid at the time of submitting plans. 75B'�-77 2.20% FY 13 -14 FY 14 -15 FEES FEES $83.47 $85.31 $83.47 $85.31 $83.47 $85.31 $83.47 $85.31 RESOLUTION 201440 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /NRSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 51001 Bingo License Fee Each 50.00 51.10 51401 Alarm User Permit Commercial & Residential Per Year 30.00 30.66 53413 False Alarm Services (Code 459) Burglary Calls Commercial & Residential Per Incident 1st Incident No Charge No Charge 2nd Incident 50.00 75.00 3rd Incident 75.00 100.00 4th Incident 125.00 125.00 5th Incident 150.00 150.00 6th Incident - fee & warning of non - response 200.00 200.00 7th Incident 300.00 300.00 8th Incident - fee & placed on non - response status 400.00 400.00 53413 False Alarms (Code 211) Robbery Calls - Residential Per Incident 1 at Incident No charge No Charge 2nd Incident 50.00 75.00 3rd Incident 75.00 125.00 4th Incident 125.00 175.00 5th Incident 150.00 225.00 6th Incident - fee & warning of non- response 200.00 275.00 7th Incident 300.00 400.00 8th Incident - fee & placed on non - response status 400.00 500.00 53413 False Alarms (Code 211) Robbery Calls - Commercial Per Incident 1st Incident 75.00 100.00 2nd Incident 100.00 125.00 3rd Incident 150.00 175.00 4th incident 200.00 225.00 Rh Incident 250.00 275.00 6th Incident - fee & warning of non-response 300.00 325.00 7th Incident 350.00 400.00 8th Incident - fee & placed on non - response status 400.00 500.00 53419 Firearms Examination Service Fee- Outside Agencies Basic Function Exam -per firearm 35.00 35.77 Full Function Exam - per firearm 210.00 214.62 Examination & Comparison 320.00 327.04 Examination & Comparison - Major Crime (up to 6 hours) 620.00 633.64 Hourly charge in excess of 6 hours - each additional hour 100.00 102.20 53409 Storage of Weapon Fee - per weapon 100.00 100.00 1 -1 -05 state law change (Alt 2431, PC 12021.3): fee can be charged when car weapon is released to an owner or gun denier 53404 Fingerprint Fee Per Card 23.00 23.51 City proeessingfee only Applicants exempted by law shall not pay. 099810002- Fingerprint Fee 57491 State processingfee Actual Cost Actual Cost For all fingerprinting requiring State processing, the applicable state fee will be added to the $23.00 City fee above. 69 75B -2 -78 RESOLUTION 2014 -9" 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT PEES FEES SECTION X POLICE DEPARTMENT 53407 Citation Sign Off - Non -SAPD Equipment violators Per Incident 15.00 15.33 53407 Vehicle Citation Sign Off - SAPD Per Citation 5.00 5.00 57470 Copy of Lost Citation Per Citation 2.00 2.00 57000 Driving Under Influence Cost Recovery Actual Cost Actual Cost Persons arrested for driving under the influence Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 of seq. 57000 Hit & Run Accident Investigation Actual Cost Actual Cost Persons responsible for hit and run accidents Per Incident Up to $1,000 Up to $1,000 Pursuant to Government Code Sec. 53150 et seq. 57000 Disturbing the Peace Police Service Fee Each Actual Cost Actual Cost Pursuant to S.A. Municipal Code Sec. 10 -300 et seq. Up to $500 Up to $500 51607 lee Cream Truck Vendor Permits Includes one Driver /Operator Each 230.00 235.06 Additional Truck Each 36.00 36.79 53419 License to Sell Pistols /Revolvers Per License 145.00 148.19 53416 Administration Citation Fee First Violation 100.00 102.20 Allows Animal Service Officers the right to cite for State and Second Violation 200.00 204.40 Local Animal Law Violations 'Third Violation 500.00 511.00 53405 Police Accident Photos B &W and Color Print, (4X5 /3.5X5) Each 5.00 5.00 B &W and Color Print, 5X7 Each 7.00 7.00 B &W and Color Print, 8X10 Each 12.00 12.00 Contact Print, 8X10 Each 12.00 12.00 53405 Police Evidence Photos to CD/DVD Per set -up Each 20.00 20.00 Per Image Each 1.00 1.00 53405 Digital Media Reproduction Each 25.00 25.55 53405 Police Evidence Tape (audio or video tape) Each 36.00 36.79 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case #) Each 10.00 10.00 53417 Police Immigration/Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for lnfomraficn Form Each* 20.00 20.00 *Reports in excess of 20 pgs. Por Page 1.00 1.00 53403 Search fee (no case #) 10.00 10.00 57000 Request to Review Criminal History Per Request 20.00 20.00 57000 Request to Review Incident Information Per Request 20.00 20.00 70 75B -2 -79 RESOLUTION 2014 - ### REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERV SECTION X POLICE DEPARTMENT 57401 Police Security Services 97.00 Lieutenant Per Hour Sergeant 81.00 Police Officers 50.00 PCO/PSO /Reserve 53410 Impound of Owner Release Animals 82.78 (includes 2 nights boarding charge) 51607 Pushcart Permits Each Vendor /Operator Permit -]curt 35.77 * Additional Carts /Operators 53400 Release of Impounded Vehicles- SAPD/Traf£ic Each Vehicle Registration Expired Over 6 Months 6.13 Unlicensed /Suspended- Revoked Drivers TBD Vehicle Processing Fee 57402 Solicitation Permit 158.41 Vehicle for Hire (Taxi) Fees Driver's Permits (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Vehicle for Pennit Transfer 57402 Reinspechon Fee -Plan Checks/Not Completed *$41.00 minimum or hourly employee rate. Fee to be charged when inspection is called for work not complete or corrections called far are nor made. Second Hand Dealer Fee 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Proof of Correction 51402 Street Closure Permit Accelerated Processing Fee 401 -01 -5621 Downtown Event Litter Control Deposit 53613 Land Use Certificate Processing Fee for temporary outdoor event Accelerated Processing Fee 50045 Escort Bureau, Introduction Service Establishment, and Escort Fees Program administered by, Police Department Escort Bureau Permit Introduction Service Permit Escort Permit 2.20% FY 13 -14 FY 14 -15 UNIT PEES FEES Per Hour 105.00 69.83 Per Hour 97.00 97.00 Per Hour 81.00 81.00 Per Hour 50.00 50.00 Per Impound 81.00 82.78 Each* 230.00 235.06 Each 36.00 36.79 Each 140.00 140.00 Each 190.00 190.00 Each NA 75.00 Per Permit 36.00 36.79 Each 35.00 35.77 Each 145.00 148.19 Each 6.00 6.13 Minimum * 41.00 41.90 Each 71.00 72.56 Each 85.00 85.00 Each 10.00 10.00 Per Permit 140.00 143.08 Per Permit, Additional not 143.08 Per event, up to 3 blocks 300.00 500.00 Per Permit 31.00 31.68 Per Permit 67.00 68.47 Each 723.00 738.91 Each 723.00 738.91 Each 155.00 158.41 71 75B -2 -80 RESOLUTION 20144#9 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 50045 Massage Establishment/Massage Technician Fees: Program administered by Police Department Massage Establishment Permits Massage Technician Permits Massage Technician Testing Fee Massage Technician Transfer/Duplicate Massage Establishment Sale Transfer Massage Establishment Change of location or Name NOTE: Massage Establishment Permit Applicants who are also Massage Technician Permit Applicants shall only be required to pay the Massage Establishment Permit Fee. Tobacco License Fee 50045 Pool/Billiard Permit Fee Program administered by Police Department 57402 Police Training Video Tape 55000 Parking Violation: Late fee Each 723.00 738.91 Each 300.00 306.60 Each 150.00 153.30 Each 35.00 35.77 Each 723.00 738.91 Each 260.00 265.72 Each Each Per Tape Violations with n'base' (original) fine of $100 or less:(Rounded up to the next whole dollar) Violations with abase (original) fine of $100 or more:(Rounded up to the next whole dollar) Additional late charges will be imposed at the time an unpaid Parking Violation penalty is placed as a vehicle registration "hold" with DMV. The "total" Late Charge assessed will increase to: Violations with n'bnad (original) fine of $100 or less:(Rounded up to the next whole dollar) Violations with abase' (original) fine o£ $100 or more: (Rounded up to the next whole dollar) 635.00 635.00 312.00 318.86 46.00 47.01 50% of base fine 50% of base tine Total delinquent Total delinquent fine is 150% fine is 150% oPbase fine. of base fine. 20% of base fine 20% of base fine. Total delinquent Total delinquent fine is 120% fine is 120% of base tine. of base fine. 90% of base fine 90% of base Pine Total delinquent Total delinquent fine is 190% fine is 190% of base fine. of base fine. 40% of base fin( 40% of base fine. Total delinquen Total delinquent fine is140% fine is140% 55000 Parking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36 -41(7) Each 56.00 56.00 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36 -493 (a) Each 47.00 47.00 55000 Parking in a red zone Pursuant to SAMC Sec. 36431(1) Each 64.00 64.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36- 131(2) Each 47.00 47.00 72 75B -2 -81 RESOLUTION 2014 -#hW 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 55000 Parking in a white zone 47.00 Pursuant to SAW Sec. 36- 131(3) 55000 Parking in a green zone Each Pursuant to SAMC Sec. 36- 131(4) 55000 Parking in a blue (handicapped) zone 25.00 Pursuant to SAMC Sec. 36- 131(5) 55000 Cancellation of citation (Disabled Placards) 55000 Parking in a "No Parking" zone 63.00 Pursuant to SAMC Sec. 36 -132 55000 No parking -sheet sweeping 68.00 Pursuant to SAMC Sec. 36 -133 55000 Parking in violation of "emergency no parking sign' Each Pursuant to SAMC Sec. 36 -134 55000 Parking in alley 55.00 Pursuant o SAMC Sec. 36- 135(a) 55000 Stopping, standing or parking a vehicle who parkway 63.00 Pursuant to SAMC Sec. 36- 135(b) 55000 Parking at certain places and for certain purposes Each Pursuant to SAMC Sec. 36 -136 55000 For sale; inoperable vehicles; repairing vehicles 47.00 Pursuant to SAMC Sec. 36- 136(a) 55000 Parking over 72 hours 47.00 Pursuant to SAMC Sec. 36- 136(b) 55000 Parking on left side of one -way roadway Each Pursuant to SAMC Sec. 36- 136(4) 55000 Parking outside of lapping marked parking 78.00 Pursuant to SAMC Sec. 36- 138(a) 55000 Angle parking prohibited in certain areas 39.00 Pursuant to SAMC Sec. 36 -139 55000 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36 -142 55000 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36 -144 55000 Parking any commercial vehicle over 10,000 lbs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36 -145 55000 Parking on City property Pursuant to SAMC Sec, 36 -147 55000 Parking on property of Joint Powers Agency -city is member Pursuant to SAMC Sec, 36 -147.1 73 75B -2 -82 Each 47.00 47.00 Each 47.00 47.00 Each 111.00 111.00 Each 25.00 25.00 Each 68.00 68.00 Each 63.00 63.00 Each 68.00 68.00 Each 55.00 55.00 Each 55.00 55.00 Each 55.00 55.00 Each 63.00 63.00 Each 63.00 63.00 Each 39.00 39.00 Each 47.00 47.00 Each 47.00 47.00 Each 47.00 47.00 Each 39.00 39.00 Each 78.00 78.00 Each 39.00 39.00 Each 39.00 39.00 RESOLUTION 201444# REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max. time 56.00 Pursuant to SAMC Sec. 36- 402(1) 55000 Parking outside of painted or marked area of metered space 56.00 Pursuant to SAMC Sec. 36- 402(2) 55000 Park any vehicle restricting traffic (ingress /egress) Each Pursuant to SAMC Sec. 36- 432(2) 55000 Park any vehicle with trailer, etc., restricting traffic 47.00 Pursuant to SAMC Sec, 36- 432(4) 55000 Red no parking areas- striped no parking mesa 47.00 Pursuant to SAMC Sec. 36- 432(5) 55000 Parking outside /across designated parking lines Each Pursuant to SAMC Sec. 36- 432(6) 55000 Parking overtime on public parking lot 85.00 Pursuant to SAMC Sec, 36- 432(9) 55000 Use metered spaces when meter indicates unlawful parking 47.00 Pursuant to SAMC Sec, 36- 432(l1) 55000 Park any track in excess of 2 tans in parking lot Each Pursuant to SAMC Sec. 36- 432(12) 55000 Unauthorized parking in "handicapped" zone 54.00 Pursuant to SAMC Sec. 36- 432(15) 55000 Continued Time Zone 54.00 Pursuant to SAMC Sec. 36 -143 55000 Puking within an intersection Each Pursuant to CVC Sec. 22500(a) 55000 Parking within a crosswalk 54.00 Pursuant to CVC Sec. 22500(b) 55000 Parking adjacent to safety zone 54.00 Pursuant to CVC Sec. 22500(c) 55000 Parking within 15 ft. of driveway entrance of tiro station Pursuant to CVC Sec. 22500(d) 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(£) 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) 55000 Double Parking Pursuant to CVC Sec, 22500(h) 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) 74 75B -2 -83 2.20% FY 13 -14 FY 14 -15 UNIT FEES FEES Each 56.00 56.00 Each 56.00 56.00 Each 56.00 56.00 Each 68.00 68.00 Each 56.00 56.00 Each 47.00 47.00 Each 47.00 47.00 Each 47.00 47.00 Each 56.00 56.00 Each 85.00 85.00 Each 47.00 47.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 RESOLUTION 2014 -49 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parked, right hand wheels more than 18" from right hand curb 54.00 Pursuant to CVC Sec. 22502(a) 55000 Motorcycle parked, one wheel or fender not touching curb 54.00 Pursuant to CVC See. 22502(e) 55000 Parked within 15 feet of fire hydrant Each Pursuant to CVC Sec, 22514 55000 Unattended vehicle, stop motor and set breaks 376.00 Pursuant to CVC Sec. 22515(a) 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC See. 22507.8(b) 55000 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) 55000 Entering an Intersection, Rail- crossing or crosswalk Pursuant to CVC Sec. 22526 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 55000 No Vehicle Front/Rear License Plate Pursuant to CVC See. 5200 55000 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) 55000 Par /sing vehiclefor sale - Ist violation Pursuant to SAMC Sec. 41- 1301(a) 55000 Parking vehicle for sale - 2nd conviction wfin year Pursuant to SAMC Sec. 41- 1301(a) 55000 Parking vehicle for sale - 3rd conviction wfin year Pursuant to SAMC Sec. 41- 1301(a) Program administered by Police Department 55000 Occupied Motor Home Pursuant to SAMC Sec. 10.89 55000 Park Hours Pursuant to SAMC 31 -2.9 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 Each 60.00 60.00 Each 376.00 376.00 Each 376.00 376.00 Each 376.00 376.00 Each 171.00 171.00 Each 108.00 108.00 Each 108.00 108.00 Each 119.00 119.00 Each 54.00 54.00 See Planning & Building section of Misc. Fee Schedule See Planning & Building section of Misc. Fee Schedule See Planning & Building section of Misc. Fee Schedule 75 75B -2 -84 Each 35.00 35.00 Each 95.00 95.00 RESOLUTION 2014 -#N# REVENUE ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parked on Park Property FY 13 -14 Pursuant to SAMC 31 -2.16c 55000 Exceed Period - Vehicle Storage FEES Pursuant to SAMC 36 -434 55000 Improper Display of Pennit Each Pursuant to SAMC 36 -488 55000 Off Truck Route 116.00 Pursuant to SAMC 36 -171 53416 Wild Animal Pennit Fee (Nonrefundable) 41.00 Pursuant o SAMC Sec. 5 -8 55402 Commercial Vehicle Violation: Public Streets vehicle in Each excess of 6 ft. in height parked within 100 ft. 144.00 of posted intersection (SAMC 36- 145.5) First Violation Second Violation (within a 12 too. Period) Third Violation (within a 12 mo. Period) 76 75B -2 -85 Per Violation 66.00 66.00 Per Violation 100.00 100.00 Per Violation 125.00 125.00 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES Each 37.00 37.00 Each 116.00 116.00 Each 41.00 41.00 Each 89.00 89.00 Each 144.00 144.00 Per Violation 66.00 66.00 Per Violation 100.00 100.00 Per Violation 125.00 125.00 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES PEES SECTION XI PUBLIC WORKS AGENCY 05817002 -51701 Transpoi4ation Pennits /Oversize/Ovemeight 90.00 Annual Permit 16.00 Single Trip Permit Per Fiscal Year Fax Processing Service (Optional) 01117002 -51701 Building Moving Permits 90.00 Permit Fee (Per CALTRANS) Each Building Under 1,000 sq. ft. 16.00 Building 1,000 sq. ft. or over 16.00 Legal Weight /Size Load 01117002 -57991 Banner and Decorations No Charge Application Pee 146.16 Removal Fee 01117002 -51608 Newsbox Permits and Inspection 149.38 Initial /Renewal Permit Fee 168.79 Annual Inspection Fee 01117002 -53707 Curb Painting 01117002 -53707 Street Name Sign 01117002 -53707 Miscellaneous Street Signs Stop, Yield, Bus Stop, etc. 06817002 -57010 Tree Planting 24" box minimum tree 08617002 -57770 City Street Map (22 "X29 ") First Map Additional 08617002 -57770 Water System Map (62 "X78 ") 08617002 -57770 Sewer System Map (62 "X78 ") 10117002 -57006 Geographic Information System (G1S) Consultant(s) Time Staff Time 08617002 -56305 Telecommunications Facility Application 08617002 -51704 Telecommunications Facility Inspection Charged in addition to Street Work Permits /Inspection Fees 08617002 -56305 Accelerated Plan Check for Public hnprovements 08617002 -56305 Traffic Analysis /Studies Plan Check Each 90.00 90.00 Each 16.00 16.00 Per Fiscal Year 37.00 37.82 Each 90.00 90.00 Each 16.00 16.00 Each 16.00 16.00 Not Required No Charge No Charge Per Transaction 146.16 149.38 Per Street Per Pole 146.16 149.38 Per Publication 168.79 172.50 Per Location 43.89 44.86 Per Foot 11.20 11.45 Minimum 203.13 207.60 Each 293.15 360.00 Each 362.12 370.09 Each 706.98 722.53 Each 3.55 3.63 Each 3.55 3.63 Each 10.36 10.59 Each 10.36 10.59 Actual Contract Actual Contract Cost Cost Actual Staff Cost Actual Staff Cost Each 958.03 979.10 Each 386.11 394.61 Per Hour 222.58 227.48 Per Hour 205.71 210.23 77 75B -2 -86 RESOLUTION 201440 2.20 REVENUE FY 13 -14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION HI PUBLIC WORKS AGENCY 08617002 -56305 Improvement Plan Check 08617002 -51703 Sewer Laterals /Water Services 08617002 -51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Minor Streets Major Streets 08617002 -51704 Manhole, Vaults, Catch Basins and required Signage, striping or barricades Plus Earthwork 08617002 -51704 Curb, Gutter or Combination including Earthwork 78 75B -2 -87 Per Hour 166.68 170.35 Per Hour Per Hour 170.35 NOTE: Street, Storm Drain, Traffic, Grading, Server 12.08 and Water Plan Check and Storm Drain, Sewer, Water Set and Related Studies. 08617002 -56305 Surface Drainage Plan Check 08617002 -56305 Improvement Standard Plans /Specifications Set Storm Drains 21.15 Street Improvements 25.88 Sanitary Sewers Each additional Water Improvements 1.78 Revision within 1 year 01117002 -56305 Plans /Specifications Fees (nonrefundable) Per Hour Reproduction 170.35 Mailing 08617002 -56305 Tract Map - Final 08617002 -56305 Parcel Map - Final 08617002 -56305 Lot Line Adjustment/Lot Merger 08617002 -56305 Certificate of Compliance 08617002 -51704 Single Family Residence Repair Fee for: 252.28 driveways, sidewalks, curb coring 05817002 -53706 Street Work Permits /Inspection Fees Linear Foot Charged in addition to other fees 08617002 -51704 Inspection Fees: 149.80 Trench Excavation/Back Fill Linear Foot (unless included in other fees) 08617002 -51704 Storm Drains/ Culverts, Sewer, Water Mains /Line Channels 08617002 -51703 Sewer Laterals /Water Services 08617002 -51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Minor Streets Major Streets 08617002 -51704 Manhole, Vaults, Catch Basins and required Signage, striping or barricades Plus Earthwork 08617002 -51704 Curb, Gutter or Combination including Earthwork 78 75B -2 -87 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Set 12.08 12.34 Set 15.52 15.86 Set 12.08 12.34 Set 20.69 21.15 10 Sheets 25.88 26.45 Each additional 1.75 1.78 Minimum 15.21 15.54 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Per Hour 166.68 170.35 Each 246.85 252.28 Each 279.56 285.71 Linear Foot 1.81 1.85 Minimum 149.80 153.09 Linear Foot 8.44 8.63 Minimum 149.80 153.09 Each 915.66 935.81 Per Day 280.95 287.13 Deposit 888.29 907.84 Deposit 1,182.69 1,208.71 Each 1,083.39 1,107.23 Linear Foot 2.06 2 .11 Minimum 149.80 153.09 RESOLUTION 2014 -09 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -51704 Curb Return, including Earthwork Each 278.49 284.62 08617002 -51704 Sidewalk including Earthwork Sq.Foot 1.36 1.39 Minimum 149.80 153.09 08617002 -51704 Drive Approach including Earthwork Sq. Foot 0.92 0.94 Minimum 149.80 153.09 08617002 -51704 Paving, including Earthwork (0 - 2000 sq. ft.) Sq, Foot 0.38 0.39 (Over 2000 sq. ft.) Sq. Foot 0.27 0.27 Minimum 149.80 153.09 08617002 -51704 Fencing Masonry, Concrete or Block Linear Foot 1.60 1.64 Minimum 134.58 137.54 08617002 -57006 Sheet Trees By Developer, Inspection Only Each 181.44 185.43 08617002 -51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 33.90 34.65 08617002 -51704 Projects Exceeding $50,000 & <= $100,000 and/or Percent of estimated Work items net included here construction costs 9.59% 9.59% 08617002 -51704 Projects Exceeding $100,000 and/or Percent of estimated Work items not included here construction costs 7.00% 7.00% 08617002 -57006 Overtime Rate for Construction Inspectors Per Hour 51.82 to 55.94 Actual Of Rate Construction inspector overtime rate range, Actual overtime hourly - rate based on Inspectors salary step 08617002 -56305 Certificate of Correction Per Hour 166.68 170.35 08617002 -56305 Covenants, Conditions, & Restrictions; Agreements and Per Hour 166.68 17035 Miscellaneous Checking 06817002 -53710 Notice of Abatement - Standard Administration Fee Each 369.22 377.34 06817002 -53710 Notice of Abatement- Muldplo Postings in a 12 -month Period Each 61.19 62.53 08617002 -51704 Survey Monument Check: tat Monument Check Each 846.68 865.31 Additional monument Each 169.83 173.57 08617002 -51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002 -57790 Abandonment Processing Summary Per Application 1,667.81 1,704.50 Non - Summary Per Application 5,003.43 5,113.51 05817002 -51705 Encroachment Processing Each 441.43 451.14 79 75B -2 -88 RESOLUTION 201440 2.20 REVENUE FY 13.14 FY 14.15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 06017002 -53720 Meter Test in Field/Shop Each 98.59 100.76 Note: Fee is refunded if the meter shows an error of more than 2% over the correct reading. 06017002 -53720 Replace Meter (Removed for Unpaid Bills) Program administered by Public Works Agency. * 5/8" Each* 62.31 63.68 * 3/4" Each* 80.63 82.40 P Each 132.88 135.81 1 1/2" Each 311.70 318.56 2" Each 416.62 425.79 * After business hours, the charge for replacement Minimum 134.58 137.54 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collection proceduresfail). 06017002 -53720 Cut -off Water Service in Street Each 348.32 355.98 06017002 -53725 Temporary Construction Meter Deposit Each 1,069.00 1,092.52 06017002 -53720 Removal of Straight Pipe (administered by PWA) Each 90.21 92.20 06017002 -53720 Repair Curb Stop (administered by PWA) Each 132.88 135.81 01117002 -51609 Outdoor Dining Fee Application Fee 1,182.55 1,208.57 Annual license fee based on size of dining area Square Foot 0.77 0.79 08617002 -57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 7.79 7.97 Security Deposit One -time, Refundable 77.83 79.54 ICey Replacement Per Key 23.36 23.88 Lock Replacement Per Lock 124.53 127.27 Damage /Repair Fee Each 46.70 47.73 08617002 -51704 Directional Boring Fee Per Linear Foot 2.11 2.15 01117002 -51402 2nd Street Mall Use Fee Per Event 38.93 39.79 Drainage Assessment Area Fee Per Acre 22117002 -50500 Area 1 6,475.64 6,618.10 22217002 -50500 Area 2 7,806.58 7,978.32 22317002 -50500 Area 3 4,202.95 4,295.41 22417002 -50500 Area 4 6,203.23 6,339.71 22517002-50500 Area 5 7,067.17 7,22164 22617002 -50500 Area 6 6,950.43 7,103.34 05517002 -53701 Sewer Connection Fee Per Plumbing 92.53 94.57 Fixture Unit 05617002 -53902 Sewer Grease Cleaning 80 75B -2 -89 Per Year 2,095.22 2,141.32 RESOLUTION 2014 -### 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -57006 Residential Parking Permit Single Family Home - each permit every two years maximum 3 permits Multi- fmnily Hone (up to four Flex) - each permit every two years maximum 1 permit Trench Cut Pees - Changes based on Engineering News Record Dry Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years Resurfaced between 6 and 10 years Resurfaced between 11 and 15 years Resurfaced between 16 and 20 years 05817002 -53705 Local Street Resurfaced between 0 and 5 years Resurfaced between 6 and 10 years Resurfaced between 11 and 15 years Resurfaced between 16 and 20 years Resurfaced between 21 and 25 years Wet Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years Resurfaced between 6 and 10 years Resurfaced between I 1 and 15 years Resurfaced between 16 and 20 years 05817002 -53705 Local Street Resurfaced between 0 and 5 years Resurfaced between 6 and 10 years Resurfaced between 11 and 15 years Resurfaced between 16 and 20 years Resurfaced between 21 and 25 years PIPELINE PROJECT FEES PER RESOLUTION NO. 2009 -018 * New fees authorized pursuant to Resolution 2009 -018 in March 2009 ** Some fees previously approved pursuant to Resolution 2009 -018 and not subject to increase 08617002 -56305 Accelerated Plan Check for Public Improvements Per Hour and Traffic Studies (Optional) 08617002 -56305 Improvement Plan Check Per Hour Per Hour NOTE: Street, Storm Drain, 71-gffic, trading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 08617002 -56305 Surface Drainage Plan Check Per Hour 08617002 -56305 Tract Map - Final Per Hour Minimum 81 75B -2 -90 60.00 61.32 60.00 61.32 17.68 15.66 14.73 11.77 11.99 10.65 10.01 9.03 8.03 27.49 24.33 22.89 18.31 18.64 16.54 15.55 14.03 12.48 18.07 16.01 15.05 12.03 12.25 10.88 10.23 9.23 8.21 28.10 24.86 23.40 18.71 19.05 16.91 15.89 14.34 12.75 166.56 170.22 151.41 154.74 146.56 151.42 1,514.21 149.79 154.75 1,547.52 RESOLUTION 2014 - # ## 2.20 REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002 -56305 Parcel Map - Final Per Hour 151.42 154.75 287.13 Minimum 1,514.21 1,547.52 08617002 -56305 Lot Line Adjustment Per Hour 151.42 154.75 155.69 In Dirt Minimum 454.25 464.25 08617002 -56305 Certificate of Compliance Per Hour 151.42 154.75 Linear Foot 1.07 Minimum 454.25 464.25 08617002 -51704 Single Family Residence Repair Fee for driveways, sidewalks, curb coring Each 83.28 85.11 05817002 -53706 Street Work Perrrits /Inspection Fees Charged in addition to other Pees Each 153.44 156.82 08617002 -51704 Inspection Fees: 287.13 Minor Streets Trench Excavation /Back Fill 888.29 907.84 (unless included in other fees) Major Streets Deposit 155.69 In Dirt Linear Foot 0.75 0.77 Minimum 134.58 137.54 In Paving Linear Foot 1.07 1.09 Minimum 134.58 137.54 08617002 -51704 Storm Dmins /Culverts, Sewer, Water Mains /Line Channels to Dirt Linear Foot 4.31 4.41 Minimum 134.58 137.54 In Paving Linear Foot 4.92 5.03 Minimum 134.58 137.54 08617002 -51703 Sewer Laterals /Water Services Each 29983 306.02 08617002 -51704 Traffic Occupancy or Lane Closure Requiring Signage 82 75B -2 -91 AU Streets Per Day 280.95 287.13 Minor Streets Deposit 888.29 907.84 Major Streets Deposit 155.69 159.12 08617002 -51704 Manhole, Vaults, Catch Basins and required signage, sniping or barricades Plus Earthwork Each 225.43 230.39 08617002 -51704 Curb, Gutter or Combination including Earthwork Linear Foot 1.83 1.87 Minimum 134.58 137.54 08617002 -51704 Curb Return, including Earthwork Each 72.33 73.92 Minimum 134.58 137.54 08617002 -51704 Sidewalk including Earthwork Sq.Foot 0.66 0.67 Minimum 134.58 137.54 0 8 6 17002 -5 1704 Drive Approach including Earthwork Sq. Fort 0.83 035 Minimum 134.58 13254 82 75B -2 -91 RESOLUTION 2014 - # ## 2.20% REVENUE FY 13 -14 FY 14 -15 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES Cq_am i coPmV misratra i raiwerra miuel awm 08617002 -51704 Paving, including Earthwork 83 75B -2 -92 (0 - 2000 sq. ft.) Sq. Foot 0.26 0.26 (Over 2000 sq. ft.) Sq. Foot 0.18 0.19 Minimum 134.58 137.54 08617002 -57006 Street Trees By Developer, Inspection Only Each 34.51 35.27 Minimum 95.58 97.69 08617002 -51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 33.90 34.65 08617002 -51704 Projects Exceeding $100,000 and/or Percent of estimated Work items not included here construction costs 3.25% 3.25% 08617002 -57006 Overtone Rate for Construction Inspectors Per Hour 51.82 to 55.94 Actual OF Rate Construction Inspector overtime rate range. Actual overtime hourly - rate based on Inspectors salary step 08617002 -56305 Certificate of Correction Minimum 454.25 464.25 Per Hour 151.42 154.75 08617002 -56305 Covenants, Conditions, & Restrictions; Agreements and Minimum 454.25 464.25 Miscellaneous Checking Per Hour 151.42 154.75 08617002 -51704 Survey Monument Check Per Hour 416.41 425.57 Maximum 1,249.29 1,276.78 08617002 -51704 Uninitiated Street Work Permit Per Permit Double Street Work Double Street Work Permit Fee Permit Fee 08617002 -57790 Abandonment Processing 0 - 600 square feet Per Application 81.27 83.05 Over 600 square feet Per Application 1,832.28 1,872.59 05817002 -51705 Encroachment Processing Each 441.43 451.14 01117002 -51609 Outdoor Dining Fee Application Fee 467.00 477.27 Annual license fee based on size of dining area Square Foot 0.77 0.79 08617002 -51704 Directional Boring Fee Per Linear Foot 0.60 0.61 Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 17.68 18.07 Resurfaced between 6 and 10 years 15.66 16.01 Resurfaced between 11 and 15 years 14.73 15.05 Resurfaced between 16 and 20 years 11.77 12.03 83 75B -2 -92 RESOLUTION 2014 -40 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION XI PUBLIC WORKS AGENCY 2.20 FY 13 -14 FY 14 -15 UNIT FEES FEES 05817002 -53705 Local Street Resurfaced between 0 and 5 years 11.99 12.25 Resurfaced between 6 and 10 years 10.65 10.88 Resurfaced between 11 and 15 years 10.01 10.23 Resurfaced between 16 and 20 years 9.03 9.23 Resurfaced between 21 and 25 years 8.03 8.21 Wet UGHGes 05817002 -53704 Arterial Street Resurfaced between 0 and 5 years 27.49 28.10 Resurfaced between 6 and 10 years 24.33 24.86 Resurfaced between 11 and 15 years 22.89 23.40 Resurfaced between 16 and 20 years 18.31 18.71 05817002 -53705 Local Street Resurfaced between 0 and 5 years 18.64 19.05 Resurfaced between 6 and 10 years 16.24 16.59 Resurfaced between I I and 15 years 15.55 15.89 Resurfaced between 16 and 20 years 14.03 14.34 Resurfaced between 21 and 25 years 12.48 12.75 84 75B -2 -93 PROPOSED NEW MISCELLANEO US FEES FY 2014 -201 S PLANNING AND BUILDING AGENCY 1) Permit Renewal / Extension Fee Existing Fee: None Proposed Fee: $70.63 per permit renewed or extended This fee will be charged to applicants requesting to extend or renew a building, electrical, mechanical or plumbing permit. Section 105.5 of The California Building Code states that a permit which has not received approval of a required inspection within 180 -days of the date of filing is expired. The Building Official may grant a one -time permit extension of 180 -days provided the applicant submits a request in writing. This fee will cover the costs associated with the review of existing or amended building plans and associated inspections to determine and verify code compliance. The fee is one -half the standard inspection hourly rate of $138.22 for structural inspections. Planning anticipates 353 -500 of issued permits will need to be extended next year generating an estimated $30,000 in revenue. POLICE DEPARTMENT 2) Vehicle Processing Fee Existing Fee: None Proposed Fee: $75.00 per vehicle This proposed fee will recover the costs for a police officer and support staff (1.5hrs @ $50 an hour) to respond to and process paperwork associated with towed vehicles. This fee is less than the average amount of $93 charged by 17 Orange County cities. The estimated annual revenue is $170,000. 3) Street Closure Permit — Accelerated Processing Fee Existing Fee: None Proposed Fee. $143.08 perpermit, additional This proposed fee will recover the full costs (over $2,000 annually) incurred by the Police Department when a community member requests that a street closure permit be expedited. Expedited permits require an additional 4.2hrs of staff time at a combined rate of $34.24 for phone calls and follow -up as opposed to completing the process by mail. M. 75B -2 -94 New Miscellaneous Fees (cont'd) PUBLIC WORKS AGENCY 4) The Depot Meeting Room — Cleaning Deposit Existing Fee: None Proposed Fee. $218.31 To be consistent with similar City facility rental fees, the Cleaning Deposit will be charged to groups who rent the 4th or 5th Floor Meeting Rooms at the Santa Ana Regional Transportation Center/The Depot. The fee amount was determined to recover the full costs of cleaning and minor repairs, if needed. All cleaning deposits are refunded if the rental space does not require follow -up housekeeping or maintenance services. 5) The Depot — Suite 100 Existing Fee: None Proposed Fee: * Group 1 I Group 2 Group 3 Group 4 Group 5 Up to 3 hours N/C $530.42 $1,060.84 $742.59 1 $1,485.17 Each additional hour NIC $127.75 $255.50 $178.85 $357.70 Cleaning Deposit $218.31 $218.31 $218.31 $218.31 $218.31 Establishing this fee will provide community access to extra event space at the Santa Ana Regional Transportation Center/The Depot. City anticipates additional $7,850 in rental income a year. *Building Rental Fees Group I City of Santa Ana sponsored or cosponsored event or program; agencies with a reciprocal facility use and fee schedule; and governmental agencies (serving Santa Ana residents) for business meetings and programs. Group 2 Resident not-for-profit civic, social, and religious organizations. Group 3 Nonresident not for profit civic, social, and religious organizations. Group 4 Resident commercial, business, and for profit organizations. Group S Nonresident commercial, business, and for profit organizations. EI 75B -2 -95 MODIFIED MISCELLANEOUS FEES FY 2 014-2 01 S Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fee Schedule. FINANCE & MANAGEMENT SERVICES 1) Credit Card Processing Fee (fee waived by Council through June 2014) Existing Fee (waived): Per transaction $3.60 Proposed Fee: Extend waiver through June, 2015 In 2012, the Council approved a moratorium on the imposition of the Credit Card Processing Fee, as a means to encourage customers to utilize more convenient payment methods. This has resulted in almost an increase of 50% from 2013 in the use of credit cards by our residents in malting utilities and dog licensing payments. Staff recommends extending the credit card processing fee waiver through June, 2015. POLICE DEPARTMENT 2) Downtown Event Litter Control Deposit Existing Fee: $300.00 Proposed Fee: $500.00 This fee is being increased to recover fall cost to the City for sweeping, trash removal and power washing after downtown events; and encourage event promoters to be more responsible. Any unused portion of the deposit is refunded. 3) Police Security Services - Lieutenant Existing Fee: $105.00 Proposed Fee: $69.83 This fee is being modified to reflect the hourly straight time rate for a Police Lieutenant. The Police Department collects around $300,000 for special event police security services on an annual basis. Fees will generate full cost recovery and range from $50 an hour for a PSO/PCO to $97 an hour for a Police Sergeant. This modified fee reflects the average hourly straight time rate for a Police Lieutenant. 87 75B -2 -96 Modifications to Existing Fees (Cont'd) 4) False Alarm Services False Alarm Services (Code 459) Burglary Calls Commercial & Residential Istlncident 2nd Incident 3rd-Incident 4th Incident 5th Incident 6th Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non - response status (Code 211) Robbery Calls - Residential 1st Incident 2nd Incident 3rdlncident 4th Incident 5th Incident 6th Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non- response status (Code 211) Robbery Calls - Commercial 1st Incident 2ndlncident 3rd1ncident 4th Incident 5th Incident 6th Incident -fee & warning of non - response 7th Incident 8th Incident -fee & placed on non - response status Per Incident Per Incident Per Incident Existing Proposed Fee: Fee: No Charge No Charge 50.00 75.00 75.00 100.00 125.00 125.00 150.00 150.00 200.00 200.00 300.00 300.00 400.00 400.00 No charge No Charge 50.00 75.00 75.00 125.00 125.00 175.00 150.00 225.00 200.00 275.00 300.00 400.00 400.00 500.00 75.00 100.00 100.00 125.00 150.00 175.00 200.00 225.00 250.00 275.00 300.00 325.00 350.00 400.00 400.00 500.00 These fees are being modified to more fully recover the cost of providing service in response to false burglary and robbery alarms. These new fees are comparable to fees charged by other Orange County cities. An estimated $33,000 in additional revenue will be generated by these new fees. .. 75B -2 -97 Modifications to Existing Fees (Cont'd) PUBLIC WORKS AGENCY 5) Street Name Sign (01117002 - 53707) Existing Fee: $293.15 Proposed Fee: $360.00 This fee is applied when an applicant requests the replacement /creation and installation of a street sign. The existing fee of $293.15 covers the costs for the sign itself. The proposed fee would recoup for any additional costs associated with the replacing and mounting of the sign, such as, hardware and equipment and approximately two -hours in staff's time. City estimates that this revised fee will bring in an additional $1,000, and will realize full cost recovery. 6) Overtime Rate for Construction Inspectors (08617002 - 57006) Existing Fee: $51.82 to $55.94 Proposed Fee: Actual overtime hourly rate based on Inspector's salary step As described in the Miscellaneous Fee Schedule, overtime services rendered are to be based on the Construction Inspector's salary step. Since the implementation of this fee, the annual CPI increases have not kept pace with actual employee salaries. This recommended change in the determination of the fee will align the charge for services to the City's annual costs of $12,000. .% 75B -2 -98 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 17, 2014 TITLE: PROPOSED AMENDMENTS TO EXECUTIVE MANAGEMENT CLASSIFICATIONS TO ADD, DELETE AND MODIFY SELECTED JOB TITLES CITY MANAGEFV RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 200 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt an ordinance that modifies the official titles of certain executive managers to conform to their working titles. 2. Adopt a resolution that amends the Citys basic management Classification and Compensation Plan (Resolution No. 91 -066) and reallocates one position in the Fiscal Year 2014 -15 budget. DISCUSSION Currently, within the Municipal Code, several of the job titles for executive management classifications are outdated and no longer reflect existing departmental titles or organizational structure. For example, the code refers to the Library Director and the Fire Chief; however the Library is now a division within Parks, Recreation and Community Service (PRCS) headed by a Director of PRCS and the Fire services are provided by the Orange County Fire Authority. In order to have the Municipal Code reflect the current titles, the City Manager proposes the adoptions of the subject ordinance which deletes these outdated job titles. Additionally, the City Manager proposes creating the job classification of Special Assistant to the City Manager. The Special Assistant to the City Manager is an Executive level position which will be responsible for spearheading a number of special projects such as the implementation of the Strategic Plan, the finalization and implementation of the City's Information and Technology plan, advising the City Manager on the determination of program needs, preparation and presentation of programs for Council consideration, and assisting departments with the implementation of approved programs as well as providing valuable high level staff assistance to the City Manager. This position will require no changes to the City Manager's FY 14 -15 budget as it will under fill the budgeted classification of Deputy City Manager. 75B -3 -1 Proposed Amendments to Executive Management Classifications June 17, 2014 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. and aya Executive Director Personnel Services Department 75B -3 -2 ORDINANCE NO. NS -2647 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2 -300 AND 2 -300.5 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING THE TITLE OF SPECIAL ASSISTANT TO THE CITY MANAGER AND MAKING OTHER TECHNICAL MODIFICATIONS TO THE TITLES OF OFFICERS AND DEPARTMENT HEADS OF THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Council is desirous of adding the title of Special Assistant to the City Manager; and, Section 2. Section 2 -300 is amended by deleting reference to the Library Director and Fire Chief, so that it shall read as follows: Sec. 2 -300. City officers and department heads. The following are officers of the City of Santa Ana: (1) Members of the city council; (2) City manager; (3) City attorney; (4) Clerk of the council; (5) Assistant city manager; (6) Deputy city manager for development services; (7) Special assistant to the city manager; (8) Police chief; (9) Executive director of finance and management services; (10) Executive director of public works; (11) Executive director of parks, recreation and community services; (12) Executive director of personnel services; (13) Executive director of community development; (14) Executive director of planning and building safety. If this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS -2647 Page 1 of 2 75B -3 -3 ADOPTED this day of APPROVED AS TO FORM: m Sonia R. Carvalho City Attorney AYES: Councilmembers: NOES: Councilmembers: ABESENT: Councilmembers: ABATAIN: Councilmembers: 2014. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2647 to, be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75B -3 -4 Ordinance No. NS -2647 Page 2 of 2 RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NOS. 82 -110, 91 -066 AND 96 -095 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS AND TO AMEND THE CITY'S BUDGET FOR FISCAL YEAR 2014 -2015. 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; and on December 21, 1987, the City Council passed and adopted Resolution No. 87 -94, amending Resolution No. 82 -110, to establish a Basic Classification and Compensation Plan for classifications of employment designated as Unaffiliated Confidential (UC), and to set forth certain levels of salaries and benefits for these classifications. C. On July 1, 1991, the City Council passed and adopted Resolution No. 91 -066, re- establishing the Basic Classification and Compensation Plan for classifications of employment designated as unrepresented Executive Management (EM) and Middle Management (MM). D. On November 18, 1996, the City Council passed and adopted Resolution No. 96 -095, establishing a Basic Classification and Compensation Plan for classes of employment designated as unrepresented Administrative Management (AM). E. With the adoption of the Annual Budget for Fiscal Year 2014 -2015, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. F. It is now desired to amend Council Resolution Nos. 82 -110, 91 -066 and 96 -095 to effect these changes. 75B -3 -5 Section 2: That Section 3 Assignment of Classes of Employment To Salary Rate Ranges of Resolution No. 82 -110, as amended, be further amended by: A. Deleting, in alphabetical sequence, the following full time, vacant and obsolete classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Redevelopment Project Manager I Redevelopment Project Manager II Redevelopment Project Manager III 7 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum- Maximum 663 $5304 - $7107 703 $6446 - $8641 723 $7107 - $9529 B. Adding, in alphabetical sequence, the following full time classification titles at the monthly seven -step salary rate ranges indicated: Classification Title Community Events Supervisor Stores and City Yard Property Specialist 7 -Stec Salary Rate Ranqe_ Effective 7/1/14 SRR Monthly Salary Minimum - Maximum 668 $5434 - $7283 612 $4132 - $5542 Section 3: That Section 3A Executive Management Classifications of Resolution No. 91 -066, as amended, be further amended by: A. Deleting the following full time classification title at the flat monthly salary as indicated: Classification Title City Law Enforcement Liaison (EM) Monthly Salary Rate Effective 7/1/14 SRR Flat Monthly Salary EM -37 $22083 B. Adding, in alphabetical sequence, the following full time classification title at the monthly fifteen -step salary rate range indicated: Classification Title 15 -Step Salary Rate Range Effective 8/1/14 SRR Monthly Salary Minimum - Maximum Special Assistant to the City Manager (EM) EM -37 $10596 - $14971 C. Designating the newly created classification title of Special Assistant to the City Manager as Executive Management by assigning the parenthetical identifier "(EM)" after this classification title. Section 4: That Section 3B Middle Management Classifications of Resolution No. 91 -066, as amended, be further amended by deleting the following full time classification title at the monthly seventeen -step salary rate range indicated: 75B -3 -6 Classification Title 17-Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Redevelopment Program Manager (MM)MM -26 $8961 - $13300 Section 5: That the full time classification title of Community Preservation Manager (MM) receive the following adjustment in designation and compensation: A. Delete it from Section 3B Middle Management Classifications of Resolution No. 91 -066 at the monthly seventeen -step salary rate range as follows: Classification Title Community Preservation Manager(MM) 17-Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum MM -26 $8961 - $13300 B. Add it, in alphabetical sequence, to Section 3 Designation of administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, at the monthly five -step salary rate range as follows: Classification Title 5 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Community Preservation Manager (AM) AM743 $7837 - $9529 C. Designating the classification title of Community Preservation Manager as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. Section 6: That Section 3 Designation of Administrative Management Classes and the Assignment of Such Classes to Salary Rate Ranges of Resolution No. 96 -095, as amended, be further amended by: A. adding, in alphabetical sequence, the following full time classification title at the monthly five -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range Effective 7/1/14 SRR Monthly Salary Minimum - Maximum Benefits and Compensation Supervisor (AM) AM732 $7427 - $9029 B. Designating the newly created classification title of Benefits and Compensation Supervisor as Administrative Management by assigning the parenthetical identifier "(AM)" after this classification title. 75B -3 -7 Section 7: That except as amended by this Resolution, all other provisions of Resolution Nos. 82 -110, 91 -066 and 96 -095, as amended, shall remain in full force and effect. Section 8: That except as stated otherwise above, this Resolution shall be operative from and after July 1, 2014. ADOPTED this 17th day of June, 2014. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Joseph Straka, Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 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 June 17, 2014. Date: 75B -3 -8 Clerk of the Council City of Santa Ana CLASS DELETIONS (N =6) Full Time 2014 -2015 BUDGET RESO WORKSHEET Pos # SRR Monthly Salary Unit RESO City Law Enforcement Liaison (EM) 03395 EM $22083 EM 91 -066 Community Preservation Manager (MM) MM -26 668 $8961- 13,300 SAMA 91 -066 Redevelopment Program Manager (MM) 00605 MM -26 $8961 - $13300 SAMA 91 -066 Redevelopment Project Manager I 00580 663 $5304 -$7107 SEIU 82 -110 Redevelopment Project Manager 11 00590 703 $6446 -$8641 SEIU 82 -110 Redevelopment Project Manager I1I 00600 723 $7107 -$9529 SEIU 82 -110 GLASS ADDITIONS (N =5) Pos # SRR Monthly Salary Unit RESO Full Time Benefits and Compensation Supervisor (AM) AM732 $7427 -$9029 SAMA 96 -095 Community Events Supervisor 00460 668 $5434 -$7283 SEIU 82 -110 Community Preservation Manager (AM) AM743 $7837 49529 SAMA 96 -095 Stores and City Yard Property Specialist 612 $4132 -$5542 SEIU 82 -110 Special Assistant to the City Manager (EM)* EM -37 $10596- $14971 EM 91 -066 ADJUSTMENTS FROM TO SRR SRR Monthly Salary Unit RESO Community Preservation Manager (MM) MM -26 $896143,300 SAMA 91 -066 Community Preservation Manager (AM) AM743 $7837 -$9529 SAMA 96 -095 • With the exception of SA to the CM (effective 8/1/14), all other changes effective 7/1/14. 75B -3 -9 75B -3 -10 1, •`, HOUSING AUTHORITY ACTION A [ZW1IZLa7�l i JUNE 17, 2014 FUNDING ALLOCATIONS FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FISCAL YEAR 2014 - 2015 CITY MAMA EXECUTIVE DIRE R CITY COUNCIL ACTION r Wvfflffolwol ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1. Authorize the City Manager and the Clerk of the Council to execute a Memorandum of Understanding between the City of Anaheim and the City of Santa Ana in an amount of not to exceed $1,531,466 for a one -year term to administer the Housing Opportunities for Persons with AIDS Program, subject to non- substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and the Clerk of the Council to execute a cooperative agreement with the County of Orange Health Care Agency in an amount of $890,372 for a one -year term to provide supportive housing services to HIV /AIDS - affected individuals in the County of Orange, subject to non - substantive changes approved by the City Manager and City Attorney. HOUSING AUTHORITY ACTION Authorize the Executive Director of the Housing Authority to execute a cooperative agreement between the City of Santa Ana and the Housing Authority of the City of Santa Ana in the amount of $600,000 for a one -year term for the implementation of the Housing Opportunities for Persons with AIDS Tenant -Based Rental Assistance Program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. 80A -1 HOPWA FY 2014 -2015 June 17, 2014 Page 2 2. Authorize the Executive Director of the Housing Authority to execute a cooperative agreement with AIDS Services Foundation Orange County in an amount not to exceed $12,000 for a one -year term to administer the wait list for the Tenant -Based Rental Assistance Program, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its regular meeting on June 4, 2014, by a vote of 6:0, the Community Redevelopment and Housing Commission recommended the actions stated above. DISCUSSION Since 1993, the City of Santa Ana has received federal funds through the U. S. Department of Housing and Urban Development (HUD) for the Housing Opportunities for Persons with AIDS ( HOPWA) Program. These funds were previously allocated to the City of Santa Ana as the most populous city in the county to use throughout the County of Orange. This fiscal year the City of Anaheim has been awarded the HOPWA funds as they are now the most populous city in Orange County. Due to the late notification and to ensure continuity of services for the upcoming year, the City of Santa Ana will contract with the City of Anaheim as an administrative agent to operate the HOPWA funds. Anaheim will provide $41,094 to Santa Ana for program administration. Eligible activities for the HOPWA program include: 1) new construction, acquisition and rehabilitation of affordable housing; 2) provision of tenant -based rental assistance; 3) short -term rental and mortgage payment assistance to prevent homelessness; 4) supportive social services and housing information services; 5) technical assistance; and 6) administrative expenses incurred by jurisdictions coordinating local programs. In allocating grant funds for eligible activities, the City of Santa Ana was required to consider the service needs of eligible persons who reside throughout Orange County and approve funding for projects which may be located anywhere within the county. In order to ensure that the limited funds were prioritized, staff worked closely with the Housing Committee of the Orange County HIV Planning Council, the HIV Planning Council, and agencies throughout the County of Orange to provide services to the HIV /AIDS community. On January 6, 2014, a strategic planning meeting was held to determine priorities for the Fiscal Year 2014 -2015 funds. Representatives from the Orange County Health Care Agency, service providers from throughout the county, HIV /AIDS infected and affected individuals and city staff participated in the meeting. Based on the strategic planning meeting, funding recommendations were established. The recommended funding levels are: 1) $600,000 to continue the Tenant -Based Rental Assistance Program with the Housing Authority of the City of Santa who will subcontract with AIDS Services Foundation Orange County to administer the wait list; 2) $890,372 to the Orange County Health 80A -2 HOPWA FY 2014 -2015 June 17, 2014 Page 3 Care Agency for supportive housing services to individuals throughout Orange County; 3) $41,094 for administrative costs. FISCAL IMPACT Funds are available in the HOPWA Program accounts (no. 40518760- various and 40518761 - various). Shelly La ry-Bayle Housing anager Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibit: 1. Memorandum of Understanding (City— Anaheim) 2. Agreement (City — OCHCA) 3. Agreement (City — Housing Authority) 4. Agreement (Housing Authority — ASFOC) • I . EXHIBIT 7 Memorandum of Understanding Between The City of Anaheim, CA and The City of Santa Ana, CA On Administering The Housing Opportunities for Persons with AIDS Program ( HOPWA) This Memorandum of Understanding (MOU) establishes a Grantee ,4dr iinistrative Sub - recipient Agent relationship between the City of Anaheim, CA and the City of,Sa,,(y w' na, CA. I. BACKGROUND AND PURPOSE The City of Anaheim is the formula grantee for Oran Area (EMSA) under the U.S. Department of Ho slag Opportunities for Persons with AIDS program (HOPS 6 Opportunity Act, 42 USC 12901 et sea,, and the H01 which are incorporated into this Ageee ent. Under responsible for ensuring that grants are aamWsterE and other applicable laws This responsd rl ty can'nxo; may, however, provide HOPWA funds to pE ect sp sponsor" means any nqn profit o7ganizai ,0 gov( funds from the grantee to carry k6taeligible actiNii e Grantees may also utih2e''admmisir11 implem ,,ntation, administration and h 't e,- spon5ors�,and other n program sub. ec In accordance with this MOU fhe City of Administraf v6 Sub- recipient Agentf or ti eligible activities me uding activities ela of Anaheim. r Together, the parties enter into tli is. iv10I. used effectively and efficiently in. ccord� laws. II. APPLICABLE HOPWA FUNDS of ge County CA Eligib)e,Metropolitan Statistical and Urban Development',(UD) Housing v VA) authorized under the AIDS Housing 11 , ;, WA prograrh regulations, 241C Part 574, v1 •i� 'Y .�..v C` secctip, 54.500, HOPWA Grantees are d in accordance with the HOPWA regulations M deleg e to project sponsors. Grantees nso stg carry odfeligible activities. A "project rr tWent�ls6ousing agency that receives HOPWA ;i > identified inthe approved grant application. nt organizations to assist ONLY in the �,HOPWA grant with the direct services project Ana's Community Development Department will be the ,of Anaheim for the purpose of carrying out HOPWA administering HOPWA funds awarded by HUD to the City to ensure that HOPWA funds subject to this Agreement are ice with HOPWA program regulations and other applicable This MOU applies to the following uncommitted HOPWA funds awarded by HUD to the City of Anaheim: Grant Number Program Year Uncommitted Amount CAH14FO10 FY 2014 -15 $1,536,466 1 IM III. ROLES AND RESPONSIBILITIES Each party will appoint a person to serve as the official contact and coordinate the activities of the parties in carrying out this MOU. The initial appointees are: (List contact persons with titles, addresses, and telephone numbers below) Name: Albert Ramirez Title: Staff Analyst City of Anaheim Mailing Address: 201 W. Anaheim Blvd, Suite 1003 Telephone #: (714) 765 -4300 Ext: 4826 Email: ARamirez @anaheim.net Name: Terri Eggers Title: Senior ManagementAnalyst , f City of Santa Ana < Mailing Address: 20 Civic Center Plaza, 6` Floor A" Telephone #: 714 647 -5378 4 Email: TEggers @Santa Ana:brg NW The Parties agree to the following tasks for this MOU A. Designate the City of Santa Ana s Community Development Department as the Administrative Sub - recipient Agent fotthe t ity of Anaheim s „HOPWA program to undertake activities on behalf of,the HOPV/A �hgible households 'throilghout'the,Orange County CA HOPWA EMSA. ovi \ rl B ,Provide oversight and momtibnng of the City o €,,Santa Ana's administration of HOPWA funds lsubject to this MOU to ensure that,the funds'are used in accordance with the HOPWA g'alions and other °ap Ijcable Iaw3.. j C. Provide such data and doculrent s i rt`$ possession as the City of Santa Ana may need in preparing documents for sutinission to HUD, including the year -end Consolidated Annual Performance and EvaluationReport (CAPER) and /or in otherwise administering HOPWA funds subject to this D. Carry out essential grantee functions involving actions to sign and transmit to HUD application amendments, reports, and other documents relevant to the HOPWA program that are required by HUD, involving actions not otherwise delegated to the project sponsor. E. Provide the City of Santa Ana a maximum of $41,093.00 of the grant allocation for its expenses in administering its duties and obligations under this MOU. The City of Anaheim will retain a maximum of $5,000.00 of the allocation for its administration expenses. The total administrative costs for the HOPWA program will be $46,093.00, which is below regulatory requirements. F. Set up HOPWA activities in HUD's Integrated Disbursement and Information System (IDIS), with funds disbursed directly to the City of Anaheim. 2 • 11 G. Prepare application amendments, reports (including the CAPER), and other documents that HUD requires the City of Anaheim to submit, including taking preliminary actions in undertaking citizen participation and consultation activities, developing HOPWA elements in housing and homeless needs assessments, related housing market analysis, annual action plans, performance reports and other actions to develop, implement, and evaluate activities under the Consolidated Plan and HOPWA program requirements. The City of Santa Ana will: A. Serve as the Administrative Sub - recipient Agent for the City &Anaheim's HOPWA program and collaborate to deliver program support for eligible hou;eQds throughout the Orange County, CA HOPWA EMSA. B. Act on behalf of the City of Anaheim's Community`Devel pmentDepartment in meeting the requirements described in the HOPWA Performance Grant Agreetpents signed by HUD and the City of Anaheim for the fiscal years and grant na'mber identified irrSett(on II of this MOU. C. Conduct a project selection process that is fairand chosen for HOPWA funding will meet urgent'hged public and private resources �„� D. Select projects for funding and award funds under Project Sponsors. E. Account separately for the HOP WAfds d admtr�, open and is designed to�ensure that activities that are „ ,qot being mew ,other available agreements with the contracted rs un'd6ethis MOU from HOPWA funds that were previously awarded to Santa ,A a as the largest city in the Orange County CA EMSA. t °. r a N F. Responsible ta'proyic(e Anaheim with info motion and data necessary for Anaheim to prepare kb V the HOPWA CAPER ., G. Monitor all activities carried put by the contracted project sponsors with funds made available underth is' MOU to ensurethatfunds are bemg,used effectively and efficiently to meet program f �objectives, a they aTe being spent m ac rdance with the HOPWA regulations and other f applicabI laws t H. TakeInecessary steps in otimely manner to resolve and close findings arising from performance or compliance reviews conducted by HUD, the City of Anaheim, or auditors that are related to the use of find`s made available under this MOU. IV. EFFECTIVE DATE, AMENDMENT, MODIFICATION, AND TERMINATION This MOU is effective for Fiscal Year 2014 -15, commencing July 1, 2014, and may be amended or modified only by written, mutual agreement of the parties. Either party may terminate this MOU by providing written notice to the other party. The termination shall be effective thirty (30) calendar days following notice, unless a later date is set forth. The parties shall cease the performance and rendition of services under this MOU as of the close of business on June 30, 2015 and shall thereafter comply with the performance reporting required by HUD and /or the City of Anaheim and all other provisions of the HOPWA grant relating to winding up the parties' respective obligations and duties under this MOU. 7 1 � FO., WHEREFORE, the parties hereto have executed the Memorandum of Understanding in the County of Orange on the dates hereinafter respectively set forth. CITY OF ANAHEIM, a municipal corporation AF A John E. Woodhead, IV Director, Community Development Department Dated: CITY OF SANTA ANA, a municipal corporation David Cavazos, City Manager 80A -7 EXHIBIT 2 COOPERATIVE AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA This Cooperative Agreement ( "Agreement ") is hereby entered into for the term of July 1, 2014 through June 30, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California ( "City ") and the County of Orange ( "County "). Recitals: A. City, as Administrative Sub - recipient Agent for the City of Anaheim who, on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development (HUD) pursuant to the Housing Opportunities for Persons with AIDS ( HOPWA) program. B. City has entered into a Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. County has provided leadership and is responsible for planning, providing and contracting for comprehensive HIV services and has prepared, in conjunction with the HIV Planning Council, Orange County's HIV Plan for providing such services. D. City wishes to contract with County in order that County may obtain supportive housing services by contract for persons with HIV disease, which services shall be administered and monitored by County. E. County is agreeable to rendering such services on the terms and conditions hereinafter set forth; NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: I. COUNTY SERVICES A. County shall serve as " HOPWA Project Sponsor" for the purpose of contracting with organizations to provide supportive housing services, to persons with HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with other political subdivisions within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and County. .1 C. County shall utilize competitive bidding and contracting procedures for supportive housing services as required in HOPWA program regulations. As HOPWA Project Sponsor, County's responsibilities and payments cover appropriate monitoring and administration of contracts resulting from competitive bid. D. County shall ensure that each agency subcontractor receiving funds through this Agreement operates in accordance with the requirements of the applicable HUD regulations for the HOPWA Program and other federal, state and local regulations as appropriate. E. County shall conduct an ongoing assessment of the supportive housing services required by the participants in the program. F. County shall assure the adequate provision of supportive services to the participants in the program. G. County shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Quarterly and Annual progress reports will be submitted by County within forty -five (45) days after the quarter /year ends in a form consistent with HUD publication HUD-401 10-D or any other form that HUD may require. [See Exhibit A (Annual Report) attached hereto and incorporated herein by reference]. The report shall include copies of all Requests For Proposals (RFPs) released by County pursuant to this Agreement, copies of contracts between County and service providers, as well as a summary of program budgets and financial disbursements made under the terms of this Agreement. H. "Contract Officers" means the County's Health Care Agency Contract Development and Management Manager or designee and the City's Housing and Neighborhood Development Manager. I. County shall ensure that any County Subgrantee /Subcontractor receiving funds through this Agreement is informed that it must abide by the same terms and conditions and responsibilities as set forth in this Agreement for the County to follow. II. BUDGET A. The following budget is an estimate only, of the costs of providing the services hereunder. This budget may be modified by mutual written agreement of the Contract Officers. The maximum obligation hereunder is $890,372. Supportive Housing Services $ 828,046 Administration* (see B. below) 62,326 $ 890,372 B. The Administration costs shall be seven percent (7 %) of the actual expended grant funds. .' C. All services and expenditures will be performed by June 30, 2015 and invoiced by August 15, 2015. Any remaining funds under this Agreement will be de- obligated upon termination of this Agreement. III. PAYMENTS /COST REPORT A. City shall pay County for the actual costs of providing the services hereunder, whether provided directly by County or its subcontractors, provided, however, the total of all payments to County shall not exceed the Maximum Obligation as specified hereinabove. B. County shall invoice City monthly, in arrears, based on the actual cost of providing and contracting for the services hereunder. County shall submit each invoice within forty - five (45) days after the end of each month. City shall pay County no later than thirty (30) days following receipt of such invoice and complete documentation of services performed, cost and number of persons served. Final invoice must be submitted by August 15, 2015. C. All invoices submitted by County shall be accompanied by source documentation including, but not limited to, journals, time sheets, canceled checks, invoices and records of services provided. D. At such times and in such a format as the Contract Officers mutually agree in writing, County shall prepare and submit to City report(s) of administrative costs incurred by County in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical report(s) submitted by County to City, and shall serve as the basis for Final Settlement of this Agreement. The Cost Report (s) shall detail all costs incurred by County to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by County to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to County are less than County's cost to provide the services hereunder, City shall pay County the difference; provided, however, the total payment shall not exceed the Maximum Obligation. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. IV. DISPUTE RESOLUTION A. Either party may give written notice to the other, setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issue(s) identified in this manner, provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days alter the written FORAM notice described above to the Orange County Health Care Agency (HCA) Director and to the Executive Director of the Community Development Agency (CDA) or designee for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the HCA Director and Executive Director of City's Community Development Agency within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the HCA Director and CDA Director or designee shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. V. INDEMNIFICATION Each party agrees to indemnify and hold harmless the other party, its officers, agents, and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VI. INSPECTIONS AND AUDITS A. Any authorized representative of City, any authorized representative of the State of California, the Secretary of the United States Department of Health and Human Services, the Comptroller General of the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to County books, documents, and records, which such persons deem pertinent to the Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. County shall actively participate and cooperate with any person specified in subparagraph A. above in any evaluation or monitoring of the services provided pursuant to this Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. VII. LICENSES AND LAW A. County, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States Department of Health and Human Services, State of California, County and any other applicable governmental agencies. B. County shall comply with all laws, rules or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not be limited to the following: 4 80A -11 1. United States Code (U.S.C.A.), Title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. CFR Title 24, Part 85, Common Rule to the Community Development Block Grant Entitlement Program. 4. Office of Management and Budget (OMB) Circular No. A -87, Cost Principles for State and Local Governments. 5. OMB Circular No. A -128, Single Audit Act of 1984. VIII. A. EMPLOYMENT — County warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the United States Equal Opportunity Commission and all appropriate state and federal laws and regulations. B. SERVICES, BENEFITS, AND FACILITIES — Neither County, nor any of its contractors, shall discriminate in the provision or services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age (40 and over), sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.A. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. C. DISABLED INDIVIDUALS — County and its contractors shall agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A 794 et seq., as implemented in 45 CFR 84.1 et seq.), and the Americans with Disabilities Act of 1990 (42 U.S.C.A. 12101 et seq.), pertaining to the prohibition of discrimination against qualified disabled persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. RETALIATION — Neither County, nor its employees, agents, or contractors shall intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by Federal or State laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by Federal or State law. IX. NOTICES 80A -12 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 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, California 92702 -1988 Facsimile (714) 647 -6956 With courtesy copies to: City of Santa Ana HOPWA Coordinator 20 Civic Center Plaza (M -27) Santa Ana, California 92702 -1988 To County: County of Orange Health Care Agency Contract Development and Management 405 West 5th Street, 6`h Floor Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other 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 facsimile, any notice, tender, demand, delivery, or other 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. X. RECORDS /CONFIDENTIALITY a. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations and procedures applicable to their responsibilities under this Agreement. b. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. FOODYMW c. "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. XI. This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. K4Il 11 DMA 3 MEN 3 10 1614 If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. 0 11 M 1011DIa Nei 11Biel 910010 1M- 114111107: County is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. County is entirely responsible for compensating staff and consultants employed by County. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between County and City or any of County's employees, agents, or subcontractors, or principal and agent, between County and City or any of County's employees,. County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIv. TERM The term of this Agreement shall commence and terminate as specified herein, unless otherwise sooner terminated as provided in this Agreement; provided, however, County shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. • A .� XV. TERMINATION A. Either party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other party. B. Either party may terminate this Agreement, upon thirty (30) days written notice given the other party for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of County or City provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVI. THIRD PARTY BENEFICIARY Neither party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVII. WAIVER OF DEFAULT OR BREACH Waiver of any default by County or City shall not be considered a waiver of any subsequent default. Waiver of any breach of County or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach by County or City shall not be considered a modification of the terms of this Agreement. XVIII. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California, on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: '� C Lisa E. Storck Assistant City Attorney COUNTY OF ORANGE mm CITY OF SANTA ANA: David Cavazos City Manager CHAIRMAN OF THE BOARD OF SUPERVISORS SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA RYA DEPUTY FORAM EXHIBIT 3 COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Cooperative Agreement entered into this 1st day of July, 2014, which date is enumerated for purpose of reference only, is by and between the City of Santa Ana ( "City ") and the Housing Authority of the City of Santa Ana ( "Project Sponsor "). This Agreement shall be administered by the City of Santa Ana. RECITALS: A. City, as Administrative Sub - recipient Agent for the City of Anaheim, who on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons with AIDS ( "HOPWA ") Program. B. City has entered into an Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. Project Sponsor has provided leadership and is responsible for planning and providing comprehensive HIV services for clients throughout Orange County and will maintain the wait list for the program. D. Project Sponsor will provide services to support the Tenant -Based Rental Assistance Program which consists of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords. E. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the operation of the HOPWA Tenant -Based Rental Assistance Program. NOW, THEREFORE, the parties mutually agree as follows: I. ALTERATION OF TERMS A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding of the type covered by this Agreement. B. This Agreement fully expresses all understanding of City and Project Sponsor with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by each party. 80A -17 II. SERVICES A. City shall serve as " HOPWA Grantee" for the purpose of contracting with organizations to provide Tenant -Based Rental Assistance to persons disabled due to HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent City from entering into one or more agreements with the other agencies or contractors within the County, if deemed necessary and advisable to do so by City; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by City and Project Sponsor. C. City shall conduct an ongoing assessment of the Tenant -Based Rental Assistance Program. D. Project Sponsor shall assure the adequate provision of supportive services to applicants /participants to ensure program success. E. Project Sponsor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Annual progress reports will be prepared by Project Sponsor in a form consistent with HUD publications HUD-401 10-C (8/94). In addition, Project Sponsor shall forward quarterly narrative reports to City identifying accomplishments as HOPWA Project Sponsor for Tenant -Based Rental Assistance for persons with HIV disease. These reports are to be submitted in conjunction with payment /cost reports identified in Section IV of this Agreement along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee and Project Sponsor's designee. III. BUDGET The following budget is an estimate only of the cost of providing the services hereunder for the term July 1, 2014 through June 30, 2015. This budget may be modified by mutual written agreement of the Contract Officers. Administration $ 42,000.00 Housing Assistance Payments /Program Expense $558,000.00 TOTAL (Maximum Obligation) $600,000.00 FOODINFOO IV. PAYMENTS /COST REPORT A. 1) City shall pay Project Sponsor for the actual costs of providing the administration of services hereunder, whether provided directly by Project Sponsor, provided, however, the total of all payments to Project Sponsor shall not exceed the Maximum Obligation as specified in Section III of the Agreement. 2) City shall draw down HOPWA funds designated for rental subsidy payments on a monthly basis after receipt of certification of individual of individual tenant subsidy amounts. After final approval by City, funds will be disbursed to landlords. B. Project Sponsor shall invoice City monthly exclusive of rental subsidy payments, in arrears, based on the actual cost of providing and contracting for the services hereunder. City shall pay Project Sponsor no later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the final Cost Report submitted by Project Sponsor. C. All billings by Project Sponsor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Project Sponsor in the performance of this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in writing, Project Sponsor shall prepare and submit to City reports of cost incurred by Project Sponsor in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical reports(s) submitted by Project Sponsor to City, and shall serve as the basis for final Settlement of this Agreement. The Cost Reports(s) shall detail all costs incurred by Project Sponsor to provide services hereunder. R Final Settlement shall be based upon the actual costs incurred by Project Sponsor to provide services hereunder. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are less than Project Sponsor's cost to provide the services hereunder, City shall pay Project Sponsor the difference; provided, however, the total payment shall not exceed the Maximum Obligation. If the Cost Report(s) indicates the total of City's payments to Project Sponsor are higher than Project Sponsor's cost of providing the services hereunder, Project Sponsor shall pay City the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. . ' A .� G. Any funds not expended by fiscal year end, June 30, 2015 shall be returned to City. Said unexpended funds shall be reallocated by City through the HOPWA Program. V. DISPUTE RESOLUTION A. Any party may give written notice to the other setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issues(s) identified in this manner; provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Executive Director of the Community Development Agency ( "Executive Director ") and to City's Housing Manager for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Executive Director and the Santa Ana City Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VII. INSURANCE With respect to performance of work under this Agreement, Project Sponsor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: 1. Worker's compensation insurance within statutory legal limits, and 2. Commercial General Liability insurance with limits of not less than $1,000,000 per accident /incident. Project Sponsor shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the City 4 1M 1 which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the City; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUDITS A. Any authorized representative of City, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. City shall actively participate and cooperate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. IX. LICENSES AND LAW A. Project Sponsor, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Project Sponsor shall comply with all laws, rules, or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not limited to the following: 1. United States Code (U.S.C.), title 42, Section 12901- 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. Office of Management and Budget (OMB) Circular No. A -122, Cost Principles for nonprofit organizations. 4. OMB Circular No. A -133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. 80A -21 IX. NONDISCRIMINATION A. Employment— Project Sponsor warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the Federal Equal Opportunity Commission and all appropriate state laws and regulations. B. Services, Benefits, and Facilities — Project Sponsor and its contractors, shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or changed. C. Disabled Individuals — Project Sponsor and its contractors agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. Retaliation — Project Sponsor and its employees, agents, or contractors shall not intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and /or statements 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 specified in this Agreement. B. Termination Notices shall be effective when written and deposited in the United States mail, certified, return receipt requested, and addressed as specified below. C. For purposes of this Agreement, any notice to be provided by City may be given by Contract Officers. Notices to City and Project Sponsor shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: 80A -22 CitV City of Santa Ana Attn: Executive Director CDA 20 Civic Center Plaza (M -25) Santa Ana, CA 92701 Project Sponsor: Santa Ana Housing Authority Attn: Housing Manager 20 Civic Center Plaza (M -27) Santa Ana, CA 92701 XI. RECORDS /CONFIDENTIALITY A. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations, and procedures applicable to their responsibilities under this Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. STATUS OF CONTRACTOR The Housing Authority is, and at all times shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which they perform the services required by the terms of this Agreement. The Housing Authority is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by the Housing Authority. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between City and the Housing Authority employees, agents, or subcontractors. The Housing Authority assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. The Housing Authority, its agents, employees, or subcontractors, shall FOODYMW not be entitled to any rights or privileges of City employees and shall not be considered in any manner to be City employees. XIV. NON - ASSIGNABILITY AND DELEGATION Project Sponsor shall not assign any rights under this Agreement except upon written authorization from City. XV. TERM The term of this Agreement shall commence July 1, 2014 and terminate June 30, 2015, unless terminated earlier as provided in this Agreement; provided, however, the Santa Ana Housing Authority shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XVI. TERMINATION A. Any party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other parties. B. Any party may terminate this Agreement, upon thirty (30) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of City and the Housing Authority provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVIL THIRD PARTY BENEFICIARY No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIII. WAIVER OF DEFAULT OR BREACH Waiver of any default the Housing Authority or City shall not be considered a waiver of any subsequent default. Waiver of any breach by the Housing Authority or City of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by the Housing Authority or City shall not be considered a modification of the terms of this Agreement. • ' 1 I .� IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney $y: Lisa E. Storck Assistant City Attorney APPROVED AS TO CONTENT: David Cavazos City Manager HOUSING AUTHORITY David Cavazos Acting Executive Director EXHIBIT 4 COOPERATIVE AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AND AIDS SERVICES FOUNDATION ORANGE COUNTY This Cooperative Agreement entered into this 1st day of July, 2014, which date is enumerated for purpose of reference only, is by and between the Housing Authority of the City of Santa Ana ( "Housing Authority "), and the AIDS Services Foundation Orange County ( "Contractor "). This Agreement shall be administered by the Housing Authority of the City of Santa Ana. RECITALS: A. The City of Santa Ana ( "City ") as Administrative Sub - recipient Agent for the City of Anaheim who on behalf of all jurisdictions in Orange County, has been designated to receive grant funding provided by the U.S. Department of Housing and Urban Development ( "HUD ") pursuant to the Housing Opportunities for Persons With AIDS ( "HOPWA ") Program. B. City has entered into a Memorandum of Understanding (MOU) with the City of Anaheim to administer the HOPWA Program. C. City has entered into an agreement with the Housing Authority of the City of Santa Ana ( "Project Sponsor "). D. Project Sponsor will provide services to support the Tenant -Based Rental Assistance Program which consists of financial eligibility of tenants, HQS inspections, and financial responsibility for housing assistance payments to landlords. E. Project Sponsor has entered into an agreement with Contractor for Contractor to provide services to support the Tenant Based Rental Assistance Program by maintaining the wait list and confirming disability status as defined in the Administrative Plan. F. The parties have cooperatively written and agree to an Administrative Plan which identifies guidelines for the operation of the HOPWA Tenant -Based Rental Assistance Program. NOW, THEREFORE, the parties mutually agree as follows: L ALTERATION OF TERMS A. The parties anticipate that this Agreement may be amended, or followed by additional agreements, to implement additional services and funding of the type covered by this Agreement. B. This Agreement fully expresses all understanding of Project Sponsor and I Contractor with respect to the subject matter of this Agreement, and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in writing and formally approved and executed by all parties. II. SERVICES A. Housing Authority of the City of Santa Ana shall serve as " HOPWA Project Sponsor" for the purpose of providing Tenant -Based Rental Assistance to persons disabled due to HIV /AIDS residing in Orange County. B. Nothing in this Agreement shall prevent the Project Sponsor from entering into one or more agreements with the other agencies or contractors within the County, if deemed necessary and advisable to do so by the Project Sponsor; provided however, the obligations and rights covered by this Agreement shall not be altered or reduced, except as mutually agreed to in writing by Project Sponsor and Contractor. C. Contractor shall conduct an ongoing assessment of the Tenant Based Rental Assistance Program. D. Contractor shall assure the adequate provision of application intake and maintenance of the Tenant Based Rental Assistance Program wait list. Contractor will also verify disabilities due to HIV status of each applicant. E. Contractor shall comply with such other terms and conditions, including record keeping and reports for program monitoring and evaluation purposes, as HUD may establish for purposes of carrying out the program in an effective and efficient manner. Contractor shall forward quarterly narrative reports to the Project Sponsor identifying accomplishments as HOPWA Contractor for Tenant -Based Rental Assistance for persons with HIV disease. These reports are to be submitted in conjunction with payment /cost reports identified in Section IV of this Agreement along with a summary of program budgets and financial disbursements made under the terms of this Agreement. F. "Contract Officers" means the City's Housing Manager or designee, and Contractor's designee. III. BUDGET The following budget is an estimate only of the cost of providing the services hereunder for the term July 1, 2014 through June 30, 2015. This budget may be modified by mutual written agreement of the Contract Officers. Administration $12,000.00 80A -27 TOTAL (Maximum Obligation) $12,000.00 IV. PAYMENTS /COST REPORT A. Project Sponsor shall pay Contractor for the actual costs of providing the administration of services hereunder, provided, however, the total of all payments to Contractor shall not exceed the Maximum Obligation as specified in Section III of the Agreement. B. Contractor shall invoice Project Sponsor monthly in arrears, based on the actual cost of providing and contracting for the services hereunder. Project Sponsor shall pay Contractor no later than thirty (30) days following receipt of such invoice. Monthly payments are interim payments only, and are subject to final settlement and reconciliation to the final Cost Report submitted by Contractor. C. All billings by Contractor shall be accompanied by copies of source documentation including, but not limited to, journals, time sheets, canceled checks, and records of cost incurred by Contractor in the performance of this Agreement. D. At such times and in such a format as the Contract Officers mutually agree in writing, Contractor shall prepare and submit to Project Sponsor reports of cost incurred by Contractor in the performance of this Agreement. E. The Cost Report(s) shall be financial and statistical reports(s) submitted by Contractor to Project Sponsor, and shall serve as the basis for final Settlement of this Agreement. The Cost Reports(s) shall detail all costs incurred by Contractor to provide services hereunder. F. Final Settlement shall be based upon the actual costs incurred by Contractor to provide services hereunder. If the Cost Report(s) indicates the total of Project Sponsor's payments to Contractor are less than Contractor's cost to provide the services hereunder, Project Sponsor shall pay Contractor the difference; provided, however, the total payment shall not exceed the Maximum Obligation. If the Cost Report(s) indicates the total of Project Sponsor's payments to Contractor are higher than Contractor's cost of providing the services hereunder, Contractor shall pay Project Sponsor the difference. Payment due pursuant to the Cost Report(s) shall be made within thirty (30) days of the Final Settlement determination. G. Any funds not expended by fiscal year end, June 30, 2015 shall be returned to Project Sponsor. Said unexpended funds shall be reallocated by City through the HOPWA Program. V. DISPUTE RESOLUTION A. Any party may give written notice to the other setting forth in specific terms the existence and nature of any unresolved matter or concern related to the purposes and obligations of this Agreement. Such notice shall be provided by and to the Contract Officers on behalf of the parties. The Officers shall have fifteen (15) working days following such notice to obtain resolution of any issues(s) identified in this manner; provided, however, by mutual consent this period of time may be extended to thirty (30) days. B. If the Officers are unable to obtain resolution of the issue(s), they shall submit a joint written Statement describing the facts of the issue, within thirty (30) days after the written notice described above to the Executive Director Aids Services Foundation Orange County and to City's Housing Manager for resolution. If the Officers are unable to prepare a joint statement, each shall submit separate statements to the previously listed within the thirty (30) day period. Such persons shall meet and make their best effort to resolve the matter within thirty (30) days following submission of the statements. Resolution of the dispute, or lack thereof, by the Executive Director Aids ervices. Foundation Orange County and the Santa Ana Housing Manager shall be documented in the form of written correspondence exchanged by such persons within ten (10) days following their meeting. VI. INDEMNIFICATION Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and employees from all liability, claims, losses and demands, including defense costs, whether resulting from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or employees or the condition of property used in the performance of this Agreement. VII. INSURANCE With respect to performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: 1. Worker's compensation insurance within statutory legal limits, and 2. Commercial General Liability insurance with limits of not less than $1,000,000 per accident/incident. Contractor shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the Project Sponsor which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the Project Sponsor; (c) maintain such insurance for the period covered by this Cl . ' A .� Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. VIII. INSPECTIONS AND AUDITS A. Any authorized representative of Project Sponsor, the Comptroller General of the United States, the United States Department of Housing and Urban Development or any of their authorized representatives, shall have access to City books, documents, records, which such persons deem pertinent to this Agreement, for the purpose of conducting an audit, evaluation, or examination, or making transcripts during the periods of retention set forth in the Records /Confidentiality paragraph of this Agreement and the premises in which they are provided. B. Project Sponsor shall actively participate and cooperate with any persons specified in subparagraph A above in any evaluation or monitoring of the services provided pursuant to the Agreement, and shall provide the above mentioned persons adequate office space to conduct such evaluation or monitoring. IX. LICENSES AND LAW A. Contractor, its officers, agents, employees, and subcontractors shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, certificates, waivers and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, State of California, City, and any other applicable governmental agencies. B. Contractor shall comply with all laws, rules, or regulations applicable to the services provided hereunder, as any may now exist or be hereafter changed. These laws, rules, and regulations shall include, but not limited to the following: 1. United States Code (U.S.C.), title 42, Section 12901 - 12912, AIDS Housing Opportunity Act. 2. Code of Federal Regulations (CFR), Title 24, Part 574, Housing Opportunities for Persons with AIDS. 3. Office of Management and Budget (OMB) Circular No, A -122, Cost Principles for nonprofit organizations. 4. OMB Circular No. A -133, Audits of Institutions of Higher Education and Other Nonprofit Institutions. IX. NONDISCRIMINATION 1M 1 A. Employment — Contractor warrants that it has developed and does maintain an Affirmative Action program for employment which includes goals and timetables for employment of women and minorities, which program meets the Affirmative Action Guidelines of the Federal Equal Opportunity Commission and all appropriate state laws and regulations. B. Services, Benefits, and Facilities — Contractor, nor any of their subcontractors, shall discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of ethnic group identification, race, religion, ancestry, creed, color, sex, marital status, national origin, age, sexual preference, medical condition, or physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by state law and regulations, as all may now exist or be hereafter amended or changed. C. Disabled Individuals — Project Sponsor and Contractor and their contractors shall agree to comply with the provisions of Section 504 of the Rehabilitation Act of 1973 (20 U.S.C. 794 et seq., as implemented in 45 CFR 84.1 et seq.), pertaining to the prohibition of discrimination against qualified handicapped persons in all programs or activities, as they exist now or may be hereafter amended together with succeeding legislation. D. Retaliation —Contractor, nor its employees, agents, or contractors shall intimidate, coerce or take adverse action against any person for the purpose of interfering with rights secured by federal or state laws, or because such person has filed a complaint, certified, assisted or otherwise participated in an investigation, proceeding, hearing or any other activity undertaken to enforce rights secured by federal or state law. X. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and /or statements 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 specified in this Agreement. B. Termination Notices shall be effective when written and deposited in the United States mail, certified, return receipt requested, and addressed as specified below. C. For purposes of this Agreement, any notice to be provided by Project Sponsor may be given by its Contract Officer. Notices to Project Sponsor and Contractor shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: 80A -31 Contractor: Project Sponsor: A.S. Foundation Orange County Housing Authority - Santa Ana Phil Yaeger Attn: Housing Manager 17982 Sky Park Circle, Suite J 20 Civic Center Plaza (M -27) Irvine, CA 92614 Santa Ana, CA 92701 XI. RECORDS /CONFIDENTIALITY A. The parties, and any subcontractors, shall prepare and maintain any records required by laws, regulations, and procedures applicable to their responsibilities under this Agreement. B. The parties agree to maintain the confidentiality of any records which pertain to this Agreement in accordance with applicable state and federal laws and regulations. Financial records related to this Agreement shall be maintained for two (2) years after termination of this Agreement. XII. SEVERABILITY If a court of competent jurisdiction declares any provision of this Agreement or application thereof to any person or circumstances to be invalid or if any provision of this Agreement contravenes any federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain in full force and effect, and to that extent the provisions of this Agreement are severable. XIII. STATUS OF CONTRACTOR Aids Services Foundation Orange County is, and at all times shall be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required by the terms of this Agreement. AidsServices Foundation Orange County is, and at all times shall be deemed to be, entirely responsible for compensating staff and consultants employed by Aids Services Foundation Orange County. This Agreement shall not be construed as creating the relationship of employer and employee, or principal and agent, between Aids Services Foundation Orange County and Project Sponsor employees, agents, or subcontractors. Aids Services Foundation Orange County assumes exclusively the responsibility for the acts of its employees, agents or subcontractors as they relate to the services to be provided during the course and scope of their employment. Aids Services Foundation Orange County, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of Project Sponsor employees and shall not be considered in any manner to be Project Sponsor employees. XIV. NON - ASSIGNABILITY AND DELEGATION 80A -32 Contractor shall not assign any rights under this Agreement except upon written authorization from Project Sponsor. XV. TERM The term of this Agreement shall commence July 1, 2014 and terminate June 30, 2015, unless terminated earlier as provided in this Agreement; provided, however, Aids Services Foundation Orange County shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting and accounting. XVI. TERMINATION A. Any party may terminate this Agreement, without cause, upon ninety (90) days written notice given the other parties. B. Any party may terminate this Agreement, upon thirty (30) days written notice given the other parties for material breach after failure to resolve the breach pursuant to the Dispute Resolution paragraph of this Agreement. C. The rights and remedies of Contractor, or the Project Sponsor provided in this Termination paragraph shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. XVII. THIRD PARTY BENEFICIARY No party hereto intends that this Agreement shall create rights hereunder in third parties including but not limited to any subcontractors or any patients provided services hereunder. XVIII. WAIVER OF DEFAULT OR BREACH Waiver of any default by Contractor or Project Sponsor shall not be considered a waiver of any subsequent default. Waiver of any breach by Contractor or Project Sponsor of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default of any breach by Contractor or Project Sponsor shall not be considered a modification of the terms of this Agreement. FOODYMN IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date stated above. ATTEST: Maria D. Huizar Secretary APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa E. Storck Assistant City Attorney FOOTITARE APPROVED AS TO CONTENT: Housing Authority of the City of Santa Ana "Project Sponsor" David Cavazos City Manager AIDS SERVICES FOUNDATIONORANGE COUNTY — "Contractor" Phil Yaeger A.S. Foundation Orange County