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FULL PACKET_2015-06-16
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JUNE 2, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:14 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:15 p.m.) VINCENT F. SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES (5:30 p.m.) MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO (5:22 p.m.) COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (4) of subdivision (d) of Section 54956.9 of the Government Code - Sycamore Parking Garage Concepts CITY COUNCIL MINUTES 10A-1 JUNE 2, 2015 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. a. Address of Property: YMCA Property --205 West Civic Center Drive Santa Ana, CA 92701; Negotiators: City Manager, David Cavazos Terms: Price and Terms of Property Disposition b. Address of Property: Centennial Education Center 2900 W. Edinger Avenue Santa Ana, CA 92704 Negotiators: City Manager David Cavazos, Parks, Recreation & Community Services Agency Director Gerado Mouet and Chancellor of the Rancho Santiago Community College District (RSCCD) Raul Rodriguez Terms: Price and Terms of Lease 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:17 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 JUNE 2, 2015 10A-2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CINTHYA VARGAS AND JESUS VILLEGAS, DAVIS ELEMENTARY SCHOOL GARY TUCKER, POLICE CHAPLAIN EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to the Little Sparrow Cafe owners Bruce Marsh, Naseem Aflakian and Jenny Le for their outstanding contributions to the City of Santa Ana. PROCLAMATION presented by MAYOR PULIDO recognizing the Orange County Fire Authority's Drowning Prevention campaign. PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Alejandro "Alex" Flores for his for his service to the community and Rancho Santiago Bond Oversight Committee. CITY COUNCIL MINUTES 3 JUNE 2, 2015 1 OA -3 CLOSED SESSION REPORT — Nothing to report. PUBLIC COMMENT 1. George Garcia, supports efforts of the Police Department in fight against ISIS infiltrators. 2. Linda Lou Kestin, concerned with upcoming power outage pre -scheduled by Southern California Edison. • Mayor Pulido, would like staff to discuss outage notification with Edison. 3. Mike Fernandez, spoke on behalf of his parents who are opposed to Warner Avenue Widening project; may impact health and welfare of parents. 4. Tina Flores, voiced concerns with Warner Avenue Widening Project and traffic impacts to surrounding area. 5. Patty Mejia, spoke on Warner Avenue Widening Project; concerned with displacement and fair valuation of homes. 6. Rosa Montaniz, Delhi Neighborhood Association, opposed to Warner Avenue Widening project; requested 6 month continuance to allow for community input on the project. 7. Madeleine Spencer, presented letter of anti -displacement for the record on the Warner Avenue Expansion and Improvement Project. 8. Angelica, husband spoke on her behalf, troubled that City will displace family; recently purchased home in area. o Mayor Pulido, requested community meeting; fair market value will be offered. o Mayor Pro Tem Sarmiento, noted that fair market value, relocation and travel costs are not discretionary; suggested continuance to allow additional comments from the neighborhood and allow staff to address misnomers. o City Manager Cavazos, noted that additional meetings will be scheduled as requested. 9. Rick Neidermeyer, attended AYSO Conference; invited all to opening ceremonies scheduled after Labor Day; requested City partnership with VIP program (Very Important Players) that works with disabled children. 10. Richard Garcia, opined that Warner Improvement will have significant impacts in addition to parking lot improvement project at Mater Dei High School. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 318, with the following modifications: Councilmember Martinez pulled Agenda Item 22E, 25B and 31A for separate action. MOTION: Tinajero VOTE: AYES SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) CITY COUNCIL MINUTES 4 JUNE 2, 2015 10A-4 NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 19, 2015 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES - AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file NAME MEETING DATE Legislative 5/13/2015 Finance, Economic Development & Technology 5/18/2015 Code of Conduct and Ethics 5/21/2015 Public Safety and Neighborhood Improvement 5/26/2015 13B. COUNCIL APPOINTMENT TO THE TRANSPORTATION CORRIDOR AGENCY {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Councilmember Michele Martinez as the City of Santa Ana representative to the Transportation Corridor Agency and shall serve at the pleasure of the City Council. FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER FINAL PARCEL MAP NO. 2004-100 (4004 WEST MCFADDEN AVENUE) {STRATEGIC PLAN NOS. 3, 5; 5, 3; 5, 4) - Public Works Agency CITY COUNCIL MINUTES 5 JUNE 2, 2015 10A-5 MOTION: Receive and file. 17B. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP NO. 17610 (1901 EAST FIRST STREET) - {STRATEGIC PLAN NOS. 3, 5; 5, 3; 5, 4) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 14-081 - HYDRAULIC SWING VALVE EXERCISING MACHINES {STRATEGIC PLAN NO. 6, 2) (Public Works Agency) - Finance & Management Services MOTION: Amend the contract with National Auto Fleet Group in an amount of $131,930 for a total contract amount not to exceed $572,050, subject to non -substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 15-033 - REPLACEMENT VEHICLES, ELECTRIC ECOTRUCKS UTILIZED AT THE SANTA ANA ZOO AND SANTA ANA STADIUM - {STRATEGIC PLAN NO. 6, 2) - Finance & Management Services MOTION: Award a contract to Alvarez Electric Motors, dba EcoCentre, in an amount not to exceed $58,000, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 15-034 - WATERWORKS FITTINGS AND SUPPLIES FOR FIRE HYDRANTS {STRATEGIC PLAN NO. 6, 1, 1c} (Public Works Agency) - Finance & Management Services CITY COUNCIL MINUTES 6 JUNE 2, 2015 10A-6 MOTION: Award contracts for a one-year period expiring June 15, 2016, with provisions for four one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $350,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Ferguson Enterprises, Inc. Santa Ana H.D. Supply Waterworks Ltd. Santa Ana S & J Supply Company, Inc. Santa Fe Springs 22D. SPEC. NO. 15-036 - WELL PUMP AND MOTOR REPAIRS FOR WATER WELLS AND WATER PUMPBING STATIONS TO SUPPLY THE CITY'S DRINKING WATER {STRATEGIC PLAN NO. 6, 1, 1C} (Public Works Agency) - Finance & Management Services MOTION: Award contracts fora one-year period expiring June 15, 2016, with provisions for three one-year renewals exercisable by the City Manager and City Attorney, in an annual aggregate amount not to exceed $400,000, subject to nonsubstantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location General Pump Company Inc. San Dimas Weber Water Resources, LLC San Bernardino Councilmember Martinez asked if video recording of meetings in Room 1600 in the Ross Annex would be able to be recorded. Staff affirmed. Mayor Pro Tem Sarmiento thanked departments involved in efforts to improve transparency and accountability. MOTION: Amend the contract with VMI Inc. to increase the aggregate limit by $5,000 for an annual amount not to exceed $30,000, subject to non -substantive changes approved by the City Manager and City Attorney. T• •► 1A.i=- VOTE: AYES SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, CITY COUNCIL MINUTES 7 JUNE 2, 2015 10A-7 Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) AGREEMENTS 25A. AGMT NO. 2015-094 - RECREATIONAL CLASS INSTRUCTION (TINY TOTS) (STRATEGIC PLAN NO. 5, 6C) - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Nora Sanchez, increasing the compensation from $25,000 to $35,000 annually, for the two-year term, which ends on December 31, 2016, subject to non -substantive changes approved by the City Manager and City Attorney. Councilmember Martinez, requested the contractor use recycled water. MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Superior Property Services, increasing the contingency by $8,000, for a total annual amount of $96,850, for the third year period, January 1, 2015 through December 31, 2015, of the five-year agreement expiring December 31, 2017, subject to non - substantive changes approved by the City Manager and the City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None(0) CITY COUNCIL MINUTES 8 JUNE 2, 2015 10A-8 25C. AGMT NO. 2015-096 - VIDEO PRODUCTION SERVICES FOR CITY COUNCIL MEETINGS, OTHER VARIOUS PRODUCTIONS AND CABLEIVIDEO EQUIPMENT MAINTENANCE {STRATEGIC PLAN NO. 2, 3C} - Parks, Recreation & Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Video Engineering Services in an annual amount of $65,875, which includes $6,800 in contingency, for a three- year term, with two, one-year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2015-097 - FISCAL YEAR 2015-2016 SENIOR MEALS ON WHEELS PROGRAM — 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED (CDBG) {STRATEGIC PLAN NO. 5, 6E} - Parks, Recreation & Community Services Agency and Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Community SeniorServ, Inc. in an amount of $77,398 for a one year term to end on June 30, 2016, subject to non -substantive changes approved by the City Manager and City Attorney. 25E. WORKFORCE INNOVATION AND OPPORTUNITY ACT YOUTH FUNDS PROGRAM YEAR 2015-2017 (STRATEGIC PLAN NO 2, 4) - Community Development Agency Workforce Investment Board approved recommended action on May 21, 2015 by a vote of 14-5-7 (Beasley, Davilla, Didion, Jimenez-Hami, Martinez abstained; de Leon, Everett, Fischer, Gonzalez, Lewis, Ruiz, Tucker absent). MOTION: 1. Authorize the City Manager and Clerk of the Council to execute agreements or memorandums of understanding with the following organizations, subject to non -substantive changes approved by the City Manager and City Attorney from July 1, 2015 through June 30, 2017, contingent on performance outcomes and availability of funds for the second program year: a. AGMT NO. 2015-098 - Orange County Children's Therapeutic Arts Center to provide occupational skills training in the areas of office CITY COUNCIL MINUTES 9 JUNE 2, 2015 10A-9 administration, mental health paraprofessional, and childcare worker certification, offer job preparation, paid work experience, tutoring, mentoring, counseling, and supportive services, for 20 youth in the annual amount of $164,000; b. AGMT NO. 2015-099 - Orange County Conservation Corps to provide alternative secondary education that leads to a high school diploma, credential training in forklift operator, safe food handling, customer service, computer software, job preparation, paid work experience, post -secondary education resources, and support services for 20 youth in the annual amount of $160,000; c. AGMT NO. 2015-100 - Santa Ana Public Library to provide post- secondary occupational skills training in the areas of digital technology, computer maintenance and repair, paid work experience, leadership development, tutoring, and mentoring for 22 youth in the annual amount of $160,000. 2. Authorize the City Manager and Clerk of the Council to execute agreements with the following organizations in the order listed below, as additional funds become available, subject to non - substantive changes approved by the City Manager and City Attorney from July 1, 2015 through June 30, 2017, contingent on performance outcomes and availability of funds for the second program year: a. AGMT NO. 2015-101 - Orange County Labor Federation to provide a pre -apprenticeship program that will provide pre -apprenticeship and apprenticeship preparation, workforce preparation, job readiness skills, and direct placement with apprenticeship programs for 10 youth in the annual amount of $65,000; b. AGMT NO. 2015-102 - Career College of California to provide vocational training in Business Office Administration, Medical Front Office with Billing and Coding, Accounting, and Paralegal to 15 youth in the annual amount of $142,500. 25F. AGMT NO. 2015-103 - STRUCTURAL PLAN CHECK SERVICES FOR THE ONE BROADWAY PLAZA PROJECT AND REIMBURSEMENT BY APPLICANT, CARIBOU INDUSTRIES {STRATEGIC PLAN NO. 3, 5} - Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Nabih Youssef Associates in an amount not to exceed $75,000 for a three-year term expiring on June 30, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 10 JUNE 2, 2015 10A-10 MISCELLANEOUS - BUDGET 29A, UPDATE ON MEASURE BB: MEDICAL MARIJUANA INITIATIVE ENFORCEMENT EFFORTS AND COSTS {STRATEGIC PLAN NO. 1; 4; 5} - Police Department and Planning and Building Agency MOTION; Receive and file. CONDITIONAL USE PERMITIVARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2015-08 TO ALLOW A TRADE SCHOOL AT 1639 EAST EDINGER AVENUE, UNIT A - JAY MURVINE, APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Planning Commission approved recommended action on May 11, 2015, by a vote of 6-0 (Alderete absent). Councilmember Martinez, noted that the City will have trade school in City. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2015-08 as conditioned. MOTION: Martinez SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) 31 B. REGIONAL PLANNED SIGN PROGRAM NO. 2014-01 AT WESTFIELD MAINPLACE AT 2800 NORTH MAIN STREET — GREGG BERWIN, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on May 11, 2015, by a vote of 6-0 (Alderete absent). CITY COUNCIL MINUTES 11 JUNE 2, 2015 10A-11 MOTION: Receive and file the staff report approving Regional Planned Sign Program No. 2014-01 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A AFFIRM CONSISTENCY BETWEEN THE CITY'S CIRCULATION ELEMENT AND THE MASTER PLAN OF ARTERIAL HIGHWAYS AND CONCURRENCE WITH EXISTING TRANSPORTATION SYSTEM IMPROVEMENT AREA FEE PROGRAM (STRATEGIC PLAN NO. 6, 1, G) - Public Works Agency Councilmember Martinez, will not support item because Circulation Element Update on hold for past year and a half to allow for creation of the Safe Mobility Plan to make sure it is consistent with General Plan. It is important for City Council to set overall priorities. Public Works Executive Director, Fred Mousavipour noted that Safe Mobility Plan (to be completed at the end of August), the Circulation Plan along with Pavement Plan together will generate the Master Plan for all modes of transportation to be considered by the City Council by the end of the year. Indicated that Circulation Element will be updated and if needed, said Plan will be reaffirmed. MOTION: Adopt a resolution. RESOLUTION NO. 2015-023 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS OF THE CIRCULATION ELEMENT AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM MOTION: Sarmiento SECOND; Tinajero VOTE: AYES: Amezcua, Benavides, Sarmiento, Tinajero (6) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: None(0) Pulido, Reyna, CITY COUNCIL MINUTES 12 JUNE 2, 2015 10A-12 55B AFFIRM WELLNESS STRATEGIES {STRATEGIC PLAN NO. 5) - City Manager's Office The following spoke on the matter: 1. Sam Romero, supports economic development advisory committee and Calle Cuatro renaming. 2. Raul Yanez, supports Wellness initiative. 3. Karen Gallardo, supports program. 4. Rosalia Vargas, represents Latino Health Access, thanked City Council for consideration; summarized proposal; approval would promote health initiatives. 5. Beda Ruiz, supports Wellness Corridor and concentration in Downtown area. 6. Mark McLoughlin, representing Dave Elliott, President of Santa Ana Chamber of Commerce, requested continuance until the Strategic Plan be completed in the Fall and the Task Force is actively meeting to discuss economic development initiatives. 7. Miriam Lopez, supports proposal in the Downtown. Council discussion ensued. Mayor Pro Tem Sarmiento, thanked advocates and community members working on Proposal. Supports concept, requested clarity of option #2. Proposed Amended Motion to approve option 2, with a limit of 7 members and for a 12 month period. Councilmember Amezcua, thanked City Manager for including approximate cost to implement program. Councilmember Reyna, concerned with historic drought and promotion of water use by approving micro farms; proposed friendly amendment to hold off on micro -farms until Governor lifts drought; concerned with perception and requested quarterly updates. Mayor Pro Tem Sarmiento, opined that micro farms are not large and if so bound by Code provisions. Mayor Pulido, local economy may benefit in addition to produce; carefully watch to make sure to follow intent and monitor water usage at the micro - farms. Councilmember Benavides, proposed friendly amendment to resolution to modify Section 3. Desiring creation of micro -farms, the City Council directs staff to 1) identify and analyze real property locations for potential micro -farms and to 2) pursue a long-term lease agreement with a non - CITY COUNCIL MINUTES 13 JUNE 2, 2015 10A-13 profit as an incubator to a worker -owned cooperative operated, by and for, low income families with the goal of identifying sites of at least one-half an acre and to 3) be supportive of private proposals to develop micro -farms. Friendly amendment accepted by the maker of the motion. AMENDED MOTION: 1. Having identified the common areas of interest, and recognizing that the wellness proposal contains a variety of other suggestions and concepts, the City Council shall select following option to provide support to economic development. Creation of an Economic Development Committee. Membership to be comprised of seven (7) individuals representing the following groups nominated by the Mayor and each Councilmember: large employer, real estate broker, financial institution, healthcare provider, educational institution, tourism/hospitality, downtown association, chamber of commerce, small business association, and community advocate. 2. Adopt amended resolution. RESOLUTION NO. 2015-024 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE CITY COUNCIL'S SUPPORT OF WELLNESS STRATEGIES THROUGHOUT THE CITY OF SANTA ANA MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) ADMINISTRATIVE MATTERS - BUSINESS 60A. SPONSORSHIP OF NEIGHBORHOOD ASSOCIATION EVENTS {STRATEGIC PLAN NO. 5, 4) - City Manager's Office Councilmember Martinez, noted that City of Irvine has similar policy that allows each Ward $10,000; motion to support option #2. CITY COUNCIL MINUTES 14 JUNE 2, 2015 1 OA -14 REPORTS 65A. Councilmember Tinajero, concerned with possible abuse and corruption; supports option #1. Councilmember Reyna, concerned that associations that are more active will benefit from policy; recommended $1,000 per Neighborhood Association on a use it or lose it basis. Councilmember Amezcua, asked how many associations are in each Ward; would like equal representation. Councilmember Benavides, supports matter and allocation for events throughout the City. Mayor Pulido, stated that it was trial; important to be consistent. Mayor Pro Tem Sarmiento, noted that policy may be amended as needed. MOTION: Direct staff to develop a resolution, implement policies, and amend appropriate ordinances for following option. Allocate annual funding of $10,000 to each Councilmember to nominate neighborhood association and other approved entities for approval by vote of the entire City Council, for a total amount of $70,000. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento (4) NOES: Amezcua, Reyna, Tinajero (3) ABSTAIN: None (0) ABSENT: None(0) PARK RANGER PROGRAM UPDATE {STRATEGIC PLAN NO. 1, 1) - Police Department Councilmember Martinez, requested status of hiring and overtime cost; also, routine updates. MOTION: Receive and file. MOTION: Martinez SECOND: Amezcua CITY COUNCIL MINUTES 15 JUNE 2, 2015 10A-15 VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 65B. REVIEW AND ADOPTION OF THE 2015 FEDERAL AND STATE LEGISLATIVE PLATFORM {STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 7) - City Manager's Office Mayor Pro Tem Sarmiento, noted that Platform has allowed $6 million in grant funds through efforts Councilmember Benavides, thanked Committee for efforts; noted that My Brother's Keeper initiative transferring to US President's non-profit program at the end of his term in 2016. MOTION: Adopt the 2015 Federal and State Legislative Platform. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 65C. MEDIAN LANDSCAPE ALTERNATIVES TO COMPLY WITH STATE OF CALIFORNIA EMERGENCY EXECUTIVE ORDER DUE TO DROUGHT CONDITIONS {STRATEGIC PLAN NO. 5, 2)- Public Works Agency Mayor Pulido, requested status report in 6 months; asked about watering of large trees and palm trees along Bristol Street. City Manager Cavazos, noted that trees are excluded. CITY COUNCIL MINUTES 16 JUNE 2, 2015 10A-16 Councilmember Martinez, suggested the City apply for turf replacement grants available through the Metropolitan Water District and use of rain barrels to collect water. Urged residents to apply City Manager Cavazos, staff recommendation includes approval of alternative #4 in the staff report, as follow: use of drought tolerant with decomposed granite; high-priority areas of the city for groundcover; use of none or Potable water; fiscal year 2016 savings of approximately $577,000 with capital cost of $5.0 million for implementation. MOTION: 1. Direct staff to comply with the State of California Executive Order B-29-15 due to drought conditions and stop irrigation of landscaped medians by June 1, 2015. 2. Direct staff to pursue a replacement landscaping alternative at high-priority locations Citywide, using a combination of drought - tolerant planting and decomposed granite, and evaluate options to finance the project via an interfund loan. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None(0) 75A-1. ADOPTION OF CITY BUDGET FOR FISCAL YEAR 2015-2016; SEVEN- YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FROM FISCAL YEAR 2015-2016 THROUGH FISCAL YEAR 2021-2022; AMEND AND REESTABLISH THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS - Finance & Management Services 75A-2. FISCAL YEAR 2015-16 MISCELLANEOUS FEES RESOLUTION {STRATEGIC PLAN NO. 4, 2A) - Finance & Management Services Legal Notice published in the Orange County Register on May 22, 2015 and May 29, 2015. CITY COUNCIL MINUTES 17 JUNE 2, 2015 10A-17 Mayor Pulido opened the Hearing. The following spoke on the matter: • Darrell White, spoke on behalf of Riverview Neighborhood Association; requested consideration for funding of capital improvements at Riverview Park. There were no other speakers and the Hearing closed. Staff report presented by City Manager, David Cavazos and Executive Director of Public Works, Fred Mousavipour AGENDA • City Manager's Budget & Economic Conditions Overview • Trial Budget & Community Budget Hearings • FY 2014-15 Year -End Projections • Fiscal Year 2015-16 Proposed Budget • Capital Improvement Program • Fiscal Year 2015-16 Adopted Budget Calendar • Next Budget Calendar Steps 1 2 CITY MANAGER'S BUDGET & ECONOMIC OVERVIEW • 8.8% growth In Top 6 Revenue Sources over a 3 -Year Was - £14]5M (Rgepatl FY ldYS)n ]t35.fiM(fY 1913) • 11.5% Sales Tax growth new a 3 -Year periotl py - W6u(flnyfe3FY14115)5.$39.1M(FS1913I (_q - 17.3% Hotal Visitors Tax growth wer a 3 -Year period - ¢BBM;P1ptt1u1 FY 14f15)w. $].SM(FY 111137 O • Assessed Property Val uas have ldclPased hy8.596near aI A Yearpertod sm,5 - SM4B(W 14115) vs]1daB" 1913 Z • 41.5% growth In Building Valuation - 32a50M lPmjedetl FY lwl5)1s 51NaM (fY 17113) • Unemployment rate has significantly declined - 5➢%I4a 15 ® "Advancingin all key areas" ] CITY MANAGER'S BUDGET & ECONOMIC OVERVIEW •° van Pq•l•awa'p»14vlhg r -- a x ..Hans PrwWiY st- YtSLlis stoo ny Ac {153 'a Sys Pmlectatl $...3111 Ending Fund Balance alJ June b, MIS Q FPandln.Yur_e.dcotung&Account Reconciliation: AueusWctueec 4 CITY COUNCIL MINUTES 18 JUNE 2, 2015 10A-18 FY 14-15 PROJECTED YEAR-END SURPLUS TOTAL GENERAL FUND N Projected Year -End Surplus: S10412M FY 2014-15 Surplus Council Consideration • Deferred Maintenance, Capital Improvement and Information Technology • General Plan/Zoning Code Update and Strategic Visioning/Branding Plan • Maintain 20% General Fund Reserve 0 level FY 14-15 TOP 6 REVENUE SOURCES YEAR-END PROJECTIONS "Sales Tax Forecast deserves Bull's-eye award!" W CITY COUNCIL MINUTES 19 JUNE 2, 2015 1 OA -19 • $2.51M for the recurring implementation of the Strategic Plan • COPS grant 2nd Year allocation • Additional Planning & Building stalf$1.1M — 4BuildinglnspeclomtlPemdt Prouassar-$%% — 3 Senror Plan Check EngineersN Senior Plumbing -Mechanical Systems Specialist-$6Wk • No cuts to programs or services • Medical Marijuana Dispensaries (MMD) Enforcement Plan a • Includes revised annualized health insurance rates of 7% ($12.4 million) • Includes FY 15-16 actuarial PERS rates: — Safety. 46.5% — Uscellaneous: 28.5% (Total Pension Costs, Safety & Miscellaneous, -$18.8 million) • Recommended Cost of Living Adjustment to be included in FY 15-16 Budget Process Steps: • Coumil Appmvalof Compensation Package • Determine final compensation & oerefAs for each bargaining group & associated General Fund Departments • Amend proposed or amend adopted budget 9 Options RECOMMENDATION Areca soar to mmuae aeao muimn in :ryerulitures & $2,55 million corresponding evenum in G1tys proposed FY 1516 mdget. (Simple majority vote) dppmnmatel y $7.55 rm7Non over two War rBBB r: 'GensratFundONy 'PensionandHe0h fosureroecosfs are roudedinpropmal FY 1516budget ALTERNATIVE rtewgmro eaparmiwivo a revenues after budget adoption and conclusion of negotiations. (Requires Appropriations Adjustment 8 supermajodty vots) Non -General Fund salary increases are included within the proposed FY 15-16 Budget r 10 CITY COUNCIL MINUTES 20 JUNE 2, 2015 1 OA -20 City Charter Requirement (Santa Ana City Charter) Sec. 600 -Budge Preparation by the City Manager. In preparing the proposed City budget, the City Manager shall review the financial plans submitted, hold conferences thereon with the office, agency and department heads, respectively, and revise such plans as he may deem advisable. Sec 605—Submission to the City County. On or before the fifteenth tlSuh) day of/une of each year, the City Manager shall recommend and submit to - the City Council a proposed budgetfar the next ensuing fiscal year and proposed appropriation ordinance as prepared by him CI Sec. 607— Further Consideration and Adoption. On or before the thirty-first t3lst) day ofluly the City Council shall adopt the budget with revisions, if any, by the affirmative votes ofat least a majority of its members. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. 0 11 ADHERING TO THE FISCAL POLICY General Fund Budget Policy Directives: "It shall be established that a balanced budget will be presented annually to the City Council for adoption. A balanced budget will be defined as ongoing recurring operating revenues matching ongoing recurring operating expenditures including debt service." "One-time or term specific funding can only be used to match one-time non recurring expenditures, term specific projects and programs, as well as capital expenditures." 12 FY 2015.16 PROPOSED BUDGET GENERAL FUND BUDGET. S225.15M szo a SzOg ;..m f30 u.aBa.y BALANCED Withil uvs Tu _ 5100 en.'"T. BUDGETIII mu.w sw ,oprq PTu mi -Dept Bala Tu ap limine aFExpenelm,es O'rolWes Nm-0e(admeuhl"htlomeys Offim Boxers Miseum, HR, Cil, Maregers OM. Community Developnec, CIeM of Rre Council, H Li,,ishINe NRalm 13 CITY COUNCIL MINUTES 21 JUNE 2, 2015 1 OA -21 FY 2015.16 GENERAL FUND PROPOSED BUDGET 600% Y 3 y9.716 S2 199% I g' 4 a LL 9.2% 'In Wn Na padlm 1, CIly ARomeys OF ,Bovera Mmeum,M,CRy MamgeM1Oaro, e 0ommunRy De OWMM,CleMMIee Courlal,&LNble Afaim 14 FY 15-16 Trial Budaet: 7 Police Officers $500k • Safe Mobility Program $500k Upgrade of Police Equipment $took • Council Liaison $140k Purchase of Additional Library • Funding to support Econ. Dev. Materials $200k & Neigh. Improv. $250k Expansion of Library Hours $83k -Audit Program $140k Zoo Master Plan Development $125k • Funding for Neigh. Assoc. $52k City Sponsored Events $140k • Civic Center Capital Projects Fields, Lighting & Facilities $150k $225k Deferred Maintenance• $400k • Ongoing IT Assessment $150k Code Enforcement Technological Improvements $1251, 'Non -General Fund Trial Budget Ad"ustments: -Additional funding to purchase • Additional Recreation Classes E-books$22k $1651, • Addibunal funding for Neigh. • Youth Commission $25k Assoc. $18k • CERT ProgramfEmer. Mgmt. $65k F.remodvmby • Staffing for Body Camera • Joint Use -Def. Maint $751, mum Program $200k • Removal of Council Liaison $(140k) umm� TRIAL BUDGET & COMMUNITY BUDGET HEARINGS Continued public input through Community Budget Hearings (April -May) • Conducted Budget Hearings — Approx. 150 attendees — 40+Speakers/Comment Cards • 380/. -Public Safety topics • 20% -Roadway Improvements/CIP , • 8%Parks & Recreation topics. • 8%•Funding for deferred maintenance • B%Miscellaneous topics • 50/mZoning & ordinance topics • 5% Orange County Fire Authority • 51/a•Strategic Plan • 3% Housing topics f "Community Input on Trial Budget" 16 CITY COUNCIL MINUTES 22 JUNE 2, 2015 1 OA -22 Funding Recommendations FY 1546 Proposed Budpeti • 7 Police Officers $500k • Safe Mobility Program $500k • Upgrade of Police Equipment $1001, • Funding to support Econ. Dev, • Purchase ofAdlditbnal Library a Neigh. Improv. $2501, Materials$222k • Audit Program $140k • Expansion of Library Hours $83k • Fundng for Neigh. Assoc.$70k • Zoo Master Plan Development$125k • Civic Center Capital Pmjects •City Sponsored Events $140k $225k • Fields, Lighting a Facilities $150k • Ongoing IT Assessment$150k • Deferred Maintenance' S400k • Staffing for Badly Camara Program 2001, • Cade Enforcement Technological • Additional Recreation Classes$165k Improvements $1251, • CERT PrograMEmerg. Mend. $651, • Youth Commission $25k •Joint Use -Deferred Maint.$75k • Non-Gederal Fund O17 FY 15-16 Deferred Maintenance Projects • Total of $400k allocated for Deferred Maintenance: — $130k -Roof restoration of the Corporate Yard — $100k -Address various park facility deferred maintenance — $60k -Fire station improvements — $40k -Front door upgrades to be ADA compliant 8 exterior painting of the South West Senior Center — $40k -Rebuilding of air handler at New Hope Library — $30k -Install commercial commodes & Q exterior painting of the Corbin Center 18 CAPITAL IMPROVEMENT PROGRAM Presented by: Fred Mousavipour Executive Director of Public Works 19 CITY COUNCIL MINUTES 23 JUNE 2, 2015 1 OA -23 a CAPITAL IMPROVEMENT PROGRAM (CIP) 588,074.534 Street Trtl9e npraVeaents Imprwenenb SISM653 I I $11,663,000 OLhntirre, dcity rarertb saz,zl9,e IS sexz032 M Street Improvements ■ Traffic Improvements ed Utility! Drainage I Lighting Improvements Is City Faci ilies Pit 4U STREET IMPROVEMENTS 0(0 Q 11116.979.653 Pknnln9 Roadway Improvemarb 8ltic 4a-Pratreets L Prgacfa 10-Profx4 1 -Paled$ $1,1W,008 $13,318,3&t 52611.3W blared CanaWLy •Allry lmpmema9 •Oorande reb de SLC/ •MMklPmankbe Manbrexe •C4ngePveLatlupa rentMaa,purtmt • Ntrtl Brea RehavhkAm: Inpiaenend IDmbpmeM - 8tkbl: 11k b8ank Glad •W6le Sulba Conenurvry o Way Aknagdael - EAy00r Ra ftm Pacfic aeauA&elan - Fkriaw Alen to Sagewtrem •NanMpbraed Coma6e8y -Les Lorne, to WX Clinker h • Laical Prerenadva Maiaenace • Raltlenda' BbaR Repair • Wamalndaalnel Cumurty, Padararu wpmearenm • Faiwea Bnda and Sheet 21 TRAFFIC IMPROVEMENTS $11,663,000 J CITY COUNCIL MINUTES 24 JUNE 2, 2015 1 OA -24 nnHplTramc L Signalrojects i -Project 9 -Projects StraeOcarB,eW $380,008 $8,4W.Ig0 s1,w0,gW •0ka Lawpgedt •Wrehenela Ave lt]^ Sabaaube b Sdwda •Cak.ydreerhq M6 Oe.ebpnwnl 81 Cando Tm6c Sig dl -HaLga Elenwnkry OCTA • arviLe Speed Lim Study ByncM1taiukn - King Eweenter • Design DaasigM1t • Canpkm Strab Plain -Monk Vwk ElsnOnkry •Bab Bink Ma - Elaawnkry •Tmlrlp MaegntedPMe lame .I.a.mn •C1vca •lamb kry Pryat u&G.pa CMCCakr6Gmd Da�ekpmat • SududeeNuSBGIa Meoubvet4 • Mapb&ke Tai Bmery EnM1amarenb • SaMMein tabs lirytwemanm 22 CITY COUNCIL MINUTES 24 JUNE 2, 2015 1 OA -24 ELIC UTILITY/ DRAINAGE �Any -Wassw. Temwl •Pmwnlekky •9lasaga Maew w Improvement Improvement 3-Propets 1 -Project fgA82B00 19alacla $19,421,830 ELIC UTILITY/ DRAINAGE �Any -Wassw. Temwl •Pmwnlekky •9lasaga Maew so -rel ugne Impovemenb Improvement 3 -Promo 1 -Project $Tp/O,OW $SS,OW 8eeer Main -Wassw. Temwl •Pmwnlekky •9lasaga Maew Ingnwmenb ImVm+eaenb 0n atlMwhb Pln Suppwmnl - W.W. - &row Phoe3B n(S. pan to Prwma -FiedsL - Wr.lndwbbl - WamrlMnhw w.a Lft Cbymtla LED Unds. 'gLid Pak Park sadm - Pabm Camwy. - S. Bbiol elVan LR:� 3 -Project Nes. 15N •NmgbbohcadW& BbnCmecbrPojeob $2,D39,B39 $2,123,099 n pge3 Cnymda Soma - Canw�nal r s belaUtca Min lmpwemnb - Rinarmw •SanbAowhl Scar Mab Repius - Weal Glome dw*camomRmaaewdi - IdmMyCm*wbnA (hnlsd Drmmim SRapw:an Vilw •Monscn Park LID •Sano McSmdium ..Ada nd Max IntrubuoWe - Re R 2 SBucaual Repair . l d�abg Im aaa - T1lambn •Santiago Pak Gas Hanae Cm dwell nabs • Dan Young Sacom Lantla FACILITIES pnwas lm of nh Camilla -Tull • Thmnbn Park EbcbvalI $6,212,032 Fund ing'c Piopcb lmd1n PmpnIs /� ®L Alt I )UR10 RR "'�,,,„o so-eeL e Recreation SMSAPr .. C..W n DlSblcl Transit Fxllitles $180,1100 Improvement $61006,000 Pak Faellitlea Zoo FeGllo- 2-Project 9- Projects `y•Bale MubidrSnm Ana 3 -Project 2 -Projects $858,318 •apw Tmmpmbbcn $8,091,383 $2,D39,B39 $2,123,099 •get Tmnit8b," • Playground Eq*mmt •Cantmiel Lake •A9retrs'e Edge GieM •SARK Cenbnnbl Pak C.Wims Shad, Rum OOer Impmlaners - Delhi •Sandpoinll`.Sanulity •Mabr, Plen dw*camomRmaaewdi - IdmMyCm*wbnA - Lille Rog Lighting R ®bntliSmi - wamA •Sano McSmdium Ba 591 Im - Re R - Rob SBucaual Repair . l d�abg Im aaa - T1lambn •Santiago Pak Gas Hanae Backbe. $M bn dwell nabs • Dan Young Sacom Lantla dm, PmawefundnAb pnwas lm of nh Camilla -Tull • Thmnbn Park EbcbvalI Mznbin irryioretl Fund ing'c Piopcb lmd1n PmpnIs • Panic Ebchlc Perk Rabcmnl Lightg so-aaeQ Imprwemenb •Plea Same Ane -We LmmfSmt ReaO Ane Riva PakSt 24 FEATURED PROGRAMS CITY COUNCIL MINUTES 25 JUNE 2, 2015 1 OA -25 ®L Alt I so-eeL e PMP Prepare I SMSAPr .. C..W n DlSblcl $200,000 $180,1100 $851000 $61006,000 1. Pavamnl Abragenrenl `y•Bale MubidrSnm Ana •Pmalam Stitiy4b •Cmeblenleitli PFT pm� •apw Tmmpmbbcn eom SCE CmaEre FinnebA Owd, Rant Ow,.t.g BPb*.Tn •FmvmThwp, Wawrintlwbel EG "nate kg - Alamo Tnde RedlwdRab9ali,ge Commun 8a Mktc,6etl LED Funb APkmMB kbg Bn&ntd Snel dw*camomRmaaewdi - IdmMyCm*wbnA l Enemy nln @ R ®bntliSmi CmnapbnmdCW� Ba 591 Im - Re R Rmparaie . l d�abg Im aaa Mantnm rWn Backbe. $M bn dwell nabs dm, PmawefundnAb pnwas lm of nh Mznbin irryioretl Fund ing'c Piopcb lmd1n PmpnIs so-aaeQ 25 CITY COUNCIL MINUTES 25 JUNE 2, 2015 1 OA -25 �, SAFE MOBILITY 8f t- SANTA ANA (SMSA) $780,000 is a $500,000 from General Fund to be allocated for priority projects identified by the SMSA Study Allocation of Space Reallocation of Space Example Improvements: o Curb extensions at crossing o Refuge medians Qo Painted and elevated cross walk o Bike lane striping j Street Improvement S554,379,3T5 • Pavement Hebabililatt Allays - Arterel6bn R Neighbarhmd Street, - Industrial 6treete • Streel I Bruce IGmda Geparaton lnp,wemen6 & Widening Prepce M �� r FUTURE IITT�� OPPORTUNITIES '( )� $721,155,775 &12 Tragic tiilitylDralnagel Improvement Lighting $4,912,000 $102,603,500 Traffic Planning Trait Signal Safay/M hht, 26 '. City Facility Improvement $59,260,900 • Fadi, lmpmvame,ds • Tranag FadfiSm • Serrer Impwe,renls • Pa,P FadH. •Waterlmpmel • Publb Salary Facilt. •Cifyx'ide Stcrm Dmin • General Municipal Impr... t5 Fedlitee • Water Dually Improvemenle • Street Light LED Corrvarsbn 1 e Apdi 13, 2015 Plenni,g Commission Presentation Apr1116,2e15 Commuvly Budged Meaning LMbhn Adams EfemaMery School) April13, 1075 CamLink Lial Budged, CIP Apri128, M15 Community Budget Headng INewhope Branch Public Library) May 19, 2015 City Council Draft Budget, CIP Ley 27, X115 Community Budget Hearing 27 28 CITY COUNCIL MINUTES 26 JUNE 2, 2015 1 OA -26 ®CIP PROJECT TRACKING 29 IFY 15-16 Adopted Budget Calendar i ems. _l a BudgetNext - •Steps June i6, 2016 31 Rnal ButlgN1CIP Ordinance Adopgon City Council MeeOng July 1,.2615 Butlgetlmplementa6on Au6uatlOclp6er 2015 City CoupaTFY.1415Surylus SmdyBesstdn CITY COUNCIL MINUTES 27 JUNE 2, 2015 1 OA -27 Council discussion ensued Councilmember Amezcua, thanked Mr. White and request consideration in the Fall when surplus funds are reallocated; need community input on proposal; consider use of part-time position to manage labor relations. Executive Director of Personnel Services, Ed Raya, clarified need for Labor Relations Manager. Councilmember Reyna, asked about the workload and need for full-time position for labor negotiations. Councilmember Tinajero, opposed to full time position when the City has contracted labor relations in the past at a cost of $75,000 in comparison to $220,000 for full-time position. Mayor Pro Tem Sarmiento, commented on successful negotiations and use of contractor to deal with difficult negotiations. Councilmember Martinez, commented on transparency and concern that members of the community, specifically Mr. White's request for capital improvements at Riverview Park not included in the budget; currently the community does not include resident's priorities and not given opportunity to present for consideration; supports "Participatory Budgeting" and allow residents to set priorities, noted that in 2013 the City Council allocated funds for the General Plan Updated but realized that funds not spent and included in City's Reserve account without City Council approval; Policy does not allow for inter -fund transfers without Council approval — decisions should not be staff driven. Commented on classifications and need to include in Trial Budget; requested explanation on allocation for Special Assistant to the City Manager since it is not included in the budget; requested position by added to the budget. City Manager Cavazos, noted that position in under -filling Deputy City Manager position; requested that budget be reduced by difference if Council Policy is to maintain the Special Assistant to the City Manager position. Councilmember Martinez, asked about Strategic Plan carryover funds. Executive Director of Finance and Manager Services, Francisco Gutierrez, noted that approximately $2.5 million ongoing expenses and $545,000 are one-time cost. Councilmember Martinez, requested clarification on inter -fund transfers; indicated that staff explanation not well-defined. CITY COUNCIL MINUTES 28 JUNE 2, 2015 1 OA -28 Executive Director of Finance Gutierrez, clarified that $3 million allocated for Strategic Plan (Fund 52) to better track expenses. Councilmember Martinez, does not support water transfers; asked how much was expected from Utility User Tax (UUT) and when allocated. City Manager Cavazos, indicated that UUT is included in budget to support current level of service; if any surplus will be considered next fiscal year. Executive Director of Finance Gutierrez, added that Quarterly Report includes funds. Special Assistant to the City Manager, Robert Cortez, noted that original request was $3 million and the unspent monies will be carried forward. Councilmember Martinez, requested Riverview Park improvements will be considered as part of Capital. Improvement Project budget; request consideration to add funding for South Main Street corridor improvements in addition to Way -Finding; priority is way -finding for parking, need to add $150,000 for complete project; supports deferred maintenance for joint use. City Manager Cavazos, indicated that not enough funds for deferred maintenance Councilmember Martinez, supports addition of position in the Clerk's Office to manage public records requests. City Manager Cavazos, indicated that temporary position may be provided and need for full time position assessed. Councilmember Benavides, thanked staff for presentation and community meetings; supports strategic plan, vision plan and branding; retreat would identify priorities and provide staff direction; City Council to consider unfunded requests in the Fall with surplus funds; supports funding shortfall for way -finding project. City Manager Cavazos, would like to agendize Way -Finding project in the near future; General Plan allocated $2.1 million and Economic Development Plan allocated $150,000; unspent funds moved to surplus. Councilmember Benavides, important to be included in policy decision prior to expending funds; Mr. White request is one of many that brings deferred maintenance to light. Mayor Pro Tem Sarmiento, thanked staff for community meetings and community outreach; thanked participated; need to balance interest; CITY COUNCIL MINUTES 29 JUNE 2, 2015 1 OA -29 concerned with Labor Relations Manager position and need for experienced Deputy City Manager; suggest use of Labor Relations Manager position funds moved to planning counter staff; need robust economic development to capitalize and market the City; supports elimination of Council Liaison position and joint use funding with the Santa Ana Unified School District; lastly, commented on inclusion of proposed cost of living increase in the budget, favors flexibility. City Manager Cavazos, summarized City Council requests: eliminate Labor Relations Manager position; addition of $150,000 for economic development; and $150,000 for way -finding. Mayor Pro Tem Sarmiento, supports funding for South Main Corridor improvements; request identification of unfunded requests. City Manager Cavazos, indicated that request from Riverview neighborhood may be discussed in Fall when additional funds available. Mayor Pulido, commented on need for process improvements at the Planning Counter; supports addition of 2 positions; staff to return with recommendations to streamline permit process. City Manager Cavazos, noted that new Planning Director will evaluate needs and return with recommendations. MOTION: Continue consideration of matter to the June 16, 2015 City Council meeting to allow staff to include Council directives and provide options for consideration. MOTION: Pulido SECOND: Martinez VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) 7513. ADOPT A RESOLUTION DECLARING A PHASE 2 WATER SUPPLY SHORTAGE {STRATEGIC PLAN NOS. 5, 2 & 5, 6, F) - Public Works Agency Legal Notice published in the Orange County Register on May 22, 2015. CITY COUNCIL MINUTES 30 JUNE 2, 2015 MUNI( Mayor Pulido opened the Hearing Hearing closed. MOTION: Adopt a resolution. There were no speakers and the RESOLUTION NO. 2015-025 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING THE EXISTENCE OF A PHASE 2 WATER SUPPLY SHORTAGE AND ORDERING THE REDUCTION OF WATER CONSUMPTION BY AT LEAST TWELVE PERCENT (12%) MOTION: Martinez SECOND: RR VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None(0) CITY COUNCIL RECESSED AT 9:34 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 9:34 P.M. WITH SAME MEMBERS PRESENT. CITY COUNCIL RECESSED AT 9:35 P.M. TO CONVENED THE SUCCESSOR AGENCY MEETING AND RECONVENED THE CITY COUNCIL MEETING AT 9:35 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS • Dan Escamilla, opposed to unregulated feeding of the homeless services that exacerbates problems in the Civic Center area; requested additional police officers and city attorney staff to enforce nuisance laws. • Mike Klubnik, commented on County of Orange services. 90A. CITY MANAGER'S COMMENTS • Introduced new Executive Director of Planning and Building, Hassan Haghani. CITY COUNCIL MINUTES 31 JUNE 2, 2015 1 OA -31 90B. CITY COUNCILMEMBER COMMENTS Councilmember Amezcua: • Provided update on Orange County Fire Authority meeting; Assembly Bill 1217 moving through Senate; asked staff to research unintended consequences of Bill; and • Thanked staff for budget presentation. Councilmember Reyna: • Urged all to be water wise; • Announced that August 29th will host 2nd Annual 5K Run; and • Asked all to shop Santa Ana for Father's Day. Councilmember Benavides: • Thanked all residents who addressed the Council on various issues; • Commented on homelessness and impacts such as loitering; indicated that Anaheim considering comprehensive homeless center; work with the County to develop solutions; and • Invited all to City's 4th of July Celebration from 4-9:30 p.m. at Centennial Park. Councilmember Martinez: • Requested adjournment in memory of David Renderio who passed away at the young age of 46; • Wished colleagues and all fathers a Happy Father's Day; • Welcomed new Planning and Building Executive Director; • Requested notice to residents on water drought and watering schedule (Mondays and Thursdays from 6 p.m. to 6 a.m.); • Welcomed new state of the art 24 -Fitness at Westfield Mall; • Would like to ensure that cell towers and communication infrastructure are robust enough to survive major earthquakes; and • Invited residents to participate in Orange County Council of Governments (OCCOG) Complete Streets Initiative Public Workshop to be held June 16 and 17 and another session by the Orange County Transportation Authority on June 25th. Councilmember Tinajero: • Congratulated baseball leagues for entering playoffs and wish them luck; thanked Rick Niedermeyer's efforts with AYSO; • Announced that Santa Ana school district has invited City officials to attend graduation ceremonies; and • Adjourned meeting in memory of Keith Gober who was only 44 years of age, attended local schools and left a young family behind. Mayor Pro Tem Sarmiento: • Commented on the life and advocacy of David Renderio; • Welcomed new Planning and Building Executive Director; CITY COUNCIL MINUTES 32 JUNE 2, 2015 1 OA -32 • Thanked the City Manager and staff for budget presentation; • Remarked on baseball talent and abilities of Vincent Tinajero — being recruited by All American Baseball Youth, great testament to parents; and • Wished all a Happy Father's Day and honored memory of those who have passed. Mayor Pulido: • Reflected on upcoming Father's Day; and • Adjourned in memory of David Renderio, Gregory Allen Smith and Keith Gober ADJOURNED - 10:10 p.m. - The next meeting of the City Council is scheduled for Tuesday, June 16, 2015 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 David Renderio, Gregory Allen Smith and Keith Gober Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Mater Dei High School Parking Structure and School Expansion Project • Community Engagement Plan • Conflict and Interest Code Review CITY COUNCIL MINUTES 33 JUNE 2, 2015 1 OA -33 1 OA -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR MAY 2015 (STRATEGIC PLAN NO. 5, 1) / C CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for May 2015. DISCUSSION The May 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #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 There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: http://wvjw.santa-ana.org/strategic-planning/ 19C-1 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UIT006WRI ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved a Resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #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 There is no fiscal impact associated with this item. Attachment 19D-1 19D-2 MEMORANDUM Lisa Storck To: Assistant City Attorney Date: Paula Courtade From: Planning & Building Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS 2015 The Planning & Building Agency requests your consent to destroy the city records identified on the attached listing ht accordance with the retention schedule outlined in City Council Resolution 2006-045 for tate following: City of Santa Ana Obsolete Records Destruction Schedule Planning & Building Agency - Community Preservation 2015 Record Category Record Series Record Description Record Dates Citations and Case Files Notice of Violations; For vehicle only in front yard May 2000 —Doc 2010 Infractions arldn ; vehicle for sale Investigation Notice Violations Noncompliance with City Sept 2004 — Dec 2009 Codes (specifically administrative citations) Investigation Notice Violations Noncompliance with City Jan 2003 — Dec 2009 Codes (specifically Vehicle Abatement notices) Inspection. Notice & order of Repairs or demolitions to All up to Dec 2007 Substandard buildings_ or structtues Inspection Notice of Violation Corrections and/or violations All up to Dec 2007 to be resolved prior to final approval PREPARED BY: I IA.WIG! l.;U�A.•-F Paula Courtade 5/29/15 Sr. Community Preservation Inspector RECORDS DESTROYED: 89 Number of Boxes 19D-3 CONSENT BY: 911k Vince Fregos Date Interim Execu iyeix ctor Planning & Building Agency APPROVED BY: Sonia R. Carvalho Date City Attorney 19D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: RECOGNIZE DEVELOPER CONTRIBUTION AND APPROPRIATE FOR OFF-SITE IMPROVEMENTS TO PUBLIC INFRASTRUCTURE (STRATEGIC PLAN NOS. 3,3C; 3,5) CITY MAffAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ...0• _R ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Recognize a developer contribution from Core Holdings, LLC, in the amount of $60,000 in Fiscal Year 2014-2015. 2. Approve an appropriation adjustment in Fiscal Year 2014-2015 transferring $60,000 to the budget line items where expenditures were incurred as follows: a. $26,790 to Select Street Construction Fund b. $12,799 to General Fund c. $10,591 to Water Enterprise Fund d. $7,113 to Sanitation Enterprise Fund e. $2,707 to Sewer Enterprise Fund DISCUSSION In July 2014, the City received a developer contribution from Core Holdings, LLC, in the amount of $60,000, satisfying certain conditions of private development at 601 East Santa Ana Boulevard, to supplement ongoing City construction of off-site improvements in the area. Improvements included demolition and construction of sidewalk, curb and gutter; removal of a tree; street lighting improvements; adjustment of water and sewer pipe placement; and associated street repairs. These improvements are now complete. Staff recommends that Council recognize the developer contribution and appropriate it proportionally to the following funds: Fund Percentage Amount Select Street Construction Fund (sidewalk, curb, gutter) 44.6 26,790 General Fund (street lighting) 21.3 12,799 Water Enterprise Fund (water pipe replacement) 17.7 10,591 Sanitation Enterprise Fund (tree removal) 11.9 7,113 Sewer Enterprise Fund (sewer pipe replacement) 4.5 2,707 100% $60,000 20A-1 Recognize Developer Contribution and Appropriate For Off -Site Improvements to Public Infrastructure June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (explore opportunities to encourage a business friendly environment within the city through the reduction of non-essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives); and, Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT In Fiscal Year 2014-2015, funds have been deposited in the Select Streets Construction Fund Revenue account (No. 05917002-57080). Approval of the appropriation adjustment will transfer $60,000 to the budget line items where expenditures were incurred as follows: Account Amount 05917663-66220 Traffic Congestion Relief HUT 2013 $26,790 01117630-62300 Public Works -Street Light Maintenance 12,799 06017641-62300 Water System Maintenance 10,591 06817643-62300 Public Works -Street Trees 7,113 05617640-62300 Sanitary Sewer Service 2,707 TOTAL $60,000 APPROVED AS TO FUNDS AND ACCOUNTS /V /I wu�,I A _ ) Fed savipour Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM/MLM/JE Exhibits: 1. Memorandum dated July 17, 2014, re: MCT #29601 2. Agreement dated July 17, 2014 20A-2 ITS � MCT # 29601 TO: Finance & Man agement Services Agencyb Thursday, July 17, 2014 FROM: Public Works Agency x-,cl`t.t3C«>n ts� SUBJECT: Miscellaneous Cash Transaction All fees are subjectto change at any time and may also be affected by scheduled adjustments on July 1 of each year. The Payee must paythe prevailing rate atthetime payment is made. 'ROJECTNAME: The Roost MASTER ID #2013-107299 'ROJECT ADDRESS: 601 E Santa Ana Blvd, Santa Ana, CA 92701 AP # 388-301-07 MA App. # Permit # 50103251 ISSUEDTO: CoreHoldingsLLC ADDRESS: 1923 North Westwoo d Avenue Santa Ana, CA 92706 1 Deposit -Neon -Refundable, Develops ConhibAon Comments, 50103251 The Roost Issued By: Chrysostomo,Anderson (Public WorksAgenc 1.0000 Ea 560,000= 360,000,00 059170D257060 TOTAL AMOUNT RECEIVED: $ 60,000,00 NOTES: ' 5095 of the Street Work Permit Fee will be refunded if the permit is canoe Ile d without any work being done. .. Deposits to guarantee o0 -site improvements will be refunded In full after completion of work and street work permit Is signed off by the PM Construction Inspector. Construction is to be completed within 12 months of this receipt or the City will transfer deposited fund to a non-refundable account. Exhibit 1 20A-3 20A-4 AGREEMENT FOR THE PAYMENT OF PUBLIC IMPROVEMENTS THIS AGREEMENT, made and entered into this J-�_ day of -s,) LY 2014 by and between the CITY OF SANTA ANA, a municipal corporation of the State of California ("City") and Core Holdings LLC ("Developer"), RECITALS: A. The Developer proposes to develop The Roost improvements on property located at 601 East Santa Ana Boulevard in the City of Santa Ana (the "Development"). B. As a condition to the Development, the Developer is required by the City to install certain public improvements ("Improvements"). The City and the Developer wish the City to perform the installation of the Improvements on behalf of the Developer, at the Developer's sole cost and expense, WHEREFORE, in consideration of the foregoing, the parties hereby agree as follows: 1. Developer furnished improvement drawings dated June 27, 2014 to City for approval. City approved drawings with stamp and signature dated July 3, 2014. 2. The estimated cost of the Improvements is $60,000.00 for construction. The Developer shall pay the sum of $60,000.00 to the City. City shall construct improvements; sewer, water, asphalt concrete pavement, double king street light, street tree, sidewalk, curb & gutter, curb ramp and driveway approach, per approved drawings. 3. NOTICE All notices pertaining to this AGREEMENT and all communications from the parties may be made by delivery and said notices or communications in person or through the U.S. Mail, first class, certified, return receipt requested and addressed as follows: To DEVELOPER: Core Holdings LLC 1923 North Westwood Avenue Santa Ana, CA 92706 Attn: Davin Gumm To CITY: City of Santa Ana Public Works Department 20 Civic Center Plaza M-21 P.O. Box 1988 Santa Ana, CA 92702 Attn: City Engineer Written notice is effective five days after mailing to the most current address provided by the parties. Failure by either party to notify the other of a change in mailing address shall not invalidate service by mail to the most current address provided by that party. Personal service of notice Is effective upon delivery. 4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 6. This Agreement has been executed and delivered in the State of California and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. All duties and obligation of the parties created IN 01 20A-5 hereunder are to be performed in Orange County, which 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. 6. To the maximum extent allowed by law, the City shall indemnify, defend, reimburse, save and hold harmless Developer from and against all liability, damage, loss, claims, demands, actions, costs and expenses (including but not limited to attorney's fees and disbursements) which arise out of or are connected with, or claimed to arise out of be connected with, the City's construction of the Improvements, including, but not limited to, claims by third parties that the Improvements were constructed in such a way to result in harm to person or property." 7. This agreement may not be modified or amended except in writing signed by the Developer and City. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year last written below. APPROVED AS TO FORM: Sonia R. Carvalho CITY OF SANTA ANA A municipal corporation of the State of California AEdwinI Wk cu, iam" Galvez, P.E. Interim Executive Director Public Works Agency Date: of ;W1 DEVELOPER: t Olr L✓( " .D A I kf C u M N� COUt \In-3kNGS '.LG Date: 3 - I - - 11-1 20A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: APPROPRIATION ADJUSTMENT AND AGREEMENT FOR BOARD -UP SERVICES WITH. SLS PROPERTY SOLUTIONS, INC., ALA CONSTRUCTION, CRYSTAL GLASS & MIRROR, CEDELCO CONSTRUCTION AND REAL ESTATE CONSULTING & SERVICES, INC. (STRATEGIC PLAN NO. 5, 4) CITY MEAN ER CLERK OF COUNCIL USE ONLYs . -r 01 As Recommended As Amended ❑ Ordinance on 13' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreements with SLS Property Solutions, Inc., ALA Construction, Crystal Glass & Mirror, Cedelco Construction and Real Estate Consulting & Services Inc. for board -up services in an aggregate amount not to exceed $50,000 for a period of three years, (April 21, 2015 thru April 21, 2018), subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing $5,000 in the Special Repair and Demolition Fund revenue account (no. 12116002-53507) for fiscal year 2014-15 and appropriating the same in the expenditure account (no. 12116540-62300). DISCUSSION Properties and buildings that are abandoned or otherwise no longer maintained become a target for crime and vandalism, posing a threat to the health and safety of surrounding properties and the community at -large. Unsecured structures attract graffiti, trash and transients while abandoned swimming pools can become a breeding ground for insects as well as create a drowning risk. Code Enforcement Inspectors are tasked with the investigation of these hazardous or nuisance conditions which Include, unsecured structures, vacant properties, open structures, unfenced parcels, swimming pools without adequate protective fencing, or other hazardous conditions as defined by the California Health and Safety Code (Section 17920,3) which create Imminent danger or present a threat to life, health, property, or safety of the public. In addition to the California Health and Safety Code, the Santa Ana Municipal Code (SAMC) states that all buildings or portions thereof which are determined after Inspection to be dangerous 20B-1 Agreements for Board Up Services June 16, 2015 Page 2 as defined in the Uniform Code for the Abatement of Dangerous Buildings are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. As a result, when an inspection reveals a hazardous condition, the inspector issues the property owner a Notice and Order to correct the conditions within a short specified time period. In cases where the owner does not remedy the hazardous conditions within the timeframe identified on the Notice and Order, the City may hire a contractor to complete the work to secure the property/building. The owner is then billed for all costs associated with the abatement as well as administrative fees. If the City is not reimbursed by the property owner in a timely manner, the costs are referred to the Orange County Tax Assessor to be recorded as a lien on the property. In addition, criminal action by the City Attorney's Office may be initiated against the property owner. In the current Fiscal Year, Code Enforcement has issued 47 Notice and Orders, of which 20 have required the City to utilize a contractor to secure the property/building as the owner failed to remedy the dangerous or abandoned condition. Request for Pr000sal Process After a review of the current board -up services program it was determined that to improve flexibility and board -up response times, specifically related to after -hour and weekend requests, Code Enforcement is proposing to enter into agreements with multiple vendors who can provide the required services. By utilizing multiple vendors, Code Enforcement can ensure that buildings/properties are secured quickly and efficiently. On April 15, 2015, the City issued an RFP for Board -up Services. Seven proposals were received and reviewed by Code Enforcement staff, and scored as follows: Vendor Average Score SLS Property Solutions Inc. 97.7 ALA Construction 91.0 Crystal Glass & Mirror 78.7 Cedelco Construction 76.7 Real Estate Consulting & Services Inc. 75.7 JP Gergen Co 55.3 Corner Keystone 53.3 Based on these scores, the recommended vendors to provide board up services are: SLS Property Solutions, Inc., ALA Construction, Crystal Glass & Mirror, Cedelco Construction and Real Estate Consulting & Services Inc. Each of these vendors demonstrated in their RFP's that they are qualified and capable of providing the needed board -up services. 20B-2 Agreements for Board Up Services June 16, 2015 Page 3 Local Preference Ordinance In a continued effort to support and promote local businesses, the RFP included standard language specifying that Santa Ana and/or Orange County -based businesses will receive additional preference for being local. This program was created to give qualifying Santa Ana and Orange County businesses a competitive advantage in winning City contracts, as well as promote increased economic activity in the community as city money spent on contracts recirculates in the local and regional economies. All of the recommended contractors for board - up services are either Santa Ana or Orange County based businesses. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Sustainability and Engagement, Objective No. 4 (Support Neighborhood Vitality and Livability). FISCAL IMPACT Approval of the Appropriation Adjustment will recognize $5,000 in the Special Repair and Demolition Fund revenue account (no. 12116002-53507) for fiscal year 2014-15 and appropriate the same in the Special Repair Demolition expenditure account (no. 12116540-62300). Funding for fiscal year 2015-16 is budgeted and will be available upon Council approval of the proposed fiscal year 2015-16 budget in the amount of $20,000 in the Planning and Building Agency Special Repair and Demolition Fund account (No. 12116540-62300). Furthermore funding for fiscal year 2016-17 totaling $15,000 and fiscal year 2017-18 totaling $10,000 will also be budgeted and made available in the Planning and Building Agency Special Repair and Demolition Fund account (no. 12116540-62300). Section 17-107 of the Santa Ana Municipal Code (SAMC) states property owners are responsible for reimbursement to the City for all abatement costs and administrative fees. Upon receipt of reimbursements, funds will be deposited in the Special Repair and Demolition Fund (no. 12115002-53507). Furthermore, if the City is not reimbursed by the property owner in a timely manner after board -up services are provided, the total amount of associated costs will be referred to the Orange County Tax Assessor for recording as a lien on the property. 6_= Hassan Ha_g/ ni, A P Executive Director Planning & Building Agency MF: kg Mrepoits\DABS Sewlces RFCA Exhibit: 1. Agreement APPROVED/AS TO FUNDS AND ACCOUNTS: Francisco ('etierrez/� Executive Director Finance & Management Services Agency r1- r�- NOTE: Same agreement will be used for all five vendors as listed on the Request for CONTRACTOR AGREEMENT FOR Council Action BOARD -UP SERVICES THIS AGREEMENT made and entered into this —day of June, 2015 by and between [Name of Contractor], 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 building/property board -up services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is Imowledgeable 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 contracting 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 Contractor shall provide board -up services on request of the Community Preservation Manager or his designee, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the cumulative rates and charges identified in Exhibit A. This Contractor is one of five (5) contractors that the City has retained for on call board -up services. The total sum authorized to be expended by the City for all on call board -up services between all five contractors shall not exceed Fifty Thousand Dollars ($50,000) during the Term of this Agreement. However, this Agreement does not guarantee that any set amount of the authorized $50,000 will be expended on any particular Contractor. 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. EXHIBIT 1 rl- 3. TERM This Agreement shall commence on the date first written above and terminate three (3) years from said commencement date or upon the depletion of the maximum contract amount as stated in Section 2 above, unless terminated earlier in accordance with provisions, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. 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, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; 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. 5. 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. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall be endorsed as follows: (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 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing rI- 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. 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 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 Contractor 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 negligent operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered 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 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 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 sarne degree of care it uses to protect its own information of like 20B-7 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 Contractor 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 FAX (714) 647-6956 Copies to: Executive Director of Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 FAX (714) 647-5897 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 Contractor: [Name of Contractor] [Contractor Address] [City, State, Zip] [Contractor FAX] A party may change its address by giving notice in writing to the other party. 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 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 either Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. 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 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 contractors retained by City. 12. 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 condition that payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION rl- • 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. 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 Contractor 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. 20B-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 Storck Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: [CONTRACTOR COMPANY NAME] HASSAN HAGHANI, AICP Executive Director Planning & Building Agency [REPRESENTATIVE] [TITLE] Tax ID# 20B-11 EXHIBIT A SCOPE OF SERVICES 20B-12 EXHIBIT A GLASSCRYSTAL 1 Professional Glass Service Since 1935 State Contractors License # 548623 505 S. Harbor Blvd, Santa Ana, CA 92704-1325 714-839-8911 Fax: 714-839-6053 CITY OF SANTA ANA COMMUNITY PRESERVATION TRIP CHARGE $135.00 'H.U.D. STYLE DOOR INCLUDES PADLOCK, HASP AND HINGES $350.00 STANDARD DOOR MAX SIZE 4'X 8' $240.00 EACH WINDOW MAX SIZE 3'X 8' $180.00 NOTE: DISCOUNTS FOR MULTIPLE SMALL WINDOWS PAINTING (PER CITY REQUIREMENTS) 1ST [41 SHEETS $160.00 EACH ADDITIONAL SHEET $35.00 EA GARAGE DOOR, ON A CASE BY CASE BASIS MINIMUM $160.00 PADLOCKS KEYED TO MATCH CITY KEY #5 $ 65.00 2'X 4' ON [2] JAMS ONLY $130.00 NOTE: OVERSIZED OPENINGS, ANYTHING OVER 90" X 80" $450.00 SERVE R/CRYSTA LG LAS S FO LDE RICO NTRACTS/C ITYOFS�6JY E.f SI NG2014TO2015 CA License# 707597 B & 0-36 May 4, 2015 City of Santa Ana Planning & Building Attn: Mr. Matt Foulkes 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 We hereby propose to furnish materials and labor to secure/ board up the following: A. Standard size window $125 B. Additional standard size windows $90.00 each C. Single door $125 D. Additional doors $90.00 each F. Double doors and sliding doors $150 F. Garage door- 8 ft. $175-$225 G. Garage door- 16 ft. $250-$300 H. Sheds $125 I. Crawl spaces $125 J. Chain and lock $75.00 each K. Travel charge during normal business hours $125 L, Travel charge after business hours $175 M. Stand by charges $75/ hour Best Regards, Larry Amado P.O. Box 2626 Capistrano Beach, CA 92624 Office: 10491492-5574 Cell: [9491279.1771 20B-14 Fax: 19491492-5114 IWN01i:11MAI AIA 1'{,[)1'66 11 AOII 110 N.S. 1\(, S1)1ufio,t 1;'s e 11 au r,! Section VI - Rate and Service Structure Description Amount Section VI 4 a. Board -up cost of 1st standard window, flat rate for materials and on site labor only. $90,00 Section VI (1) Each additional window thereafter, flat rate for materials and on site labor only. $75.00 Section VI 4 b. Board -up cost of 1st single door opening, flat rate for materials and on site labor only. $100.00 Section VI (1) Each additional door thereafter, flat rate for materials and on site labor only, $75.00 Section VI 4 c. Board -up cost of garage doors (assumes a roll up door for a double car garage opening or two single door side by side), Includes 4 sheets of OSB, necessary screws and/or nails, 6 - 2 x 4' and ram sets. This is a flat rate for materials and on site labor only. $210.00 Section VI 4 c. 1. Board -up cost of a garage door (assumes a roll up door for a single car garage opening). Includes 2 sheets of OSB, necessary screws and/or nails, 4 - 2 x 4' and ram sets. This is a flat rate for materials and on site labor only, $115.00 _ _ Section VI 4 d. Bolt, screw door, garages and windows, flat rate for materials and on site labor only. $60.00 Section VI 4 e. Chain and lock fee (includes 1 master lock H8 hardness, 1 Ya" shackle, and 3' of 5/16" galvanized chain) installed, flat rate for materials and on site labor only. $1.15,00 Section VI 4 f. Travel charges, per hour, $95.00 Sections VI 4 g. After -hour charge, per hour. $120.00 Non-colhrsion clause The signer, of the RFP declares in this wilting that the only person, persons, company or parties interested in the proposal as principals are named herein; that this proposal was made without collusion with any other person, persons, company or- parities submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of this proposal has full authority to bind the principal proposer. Thank you for the opportunity, Paul B. Strader CA contractor's license B and C-21 1003099 i-IAZWOPER certificate #34455 Lead Safety RRP certificate R_I-19157-11-00225 91'7( I'1,l %i\l I IA i );{!f 11.r ief,. 1 (\(I iRRi\ ,_r 1'1,,-111 nuf,y1irtrnrt rrr Vyr rQR—•5 EXHIBIT A Tel. 714-873-5861 190 w. 3rd St. Santa Ana CA. 92701 RATE AND SERVICE STRUCTURE: Arrival fee -$100.00 • Arrival fee after business hours $150.00 (business hours are (Mon -Sat 6:00am to 5:00pm) • Board -up cost of I", standard window -$125.00 o Each additional window thereafter -$100.00 r Board -up cost of 1st, single. door opening -$125.00 o Each additional door thereafter $100.00 • Board -up cost of garage doors $200.00, 0 Bolt, screw door, garage and windows $150,0(% • Chain and lock fee- $95.00��'%"-Xggggu mW � gnu METHOD OF PAYMENT' Cedelco Construction Inc. will submrtanonttl iirvoice to the City foi the sovutes rendered in that month. The invoice will inchrc3exa surtrmary as well as detailed brealcdoo tTte Ca ks, the hours, and hourly rates. Invoicesed with the followinginfoim it ei¢Xce� addressof location, staff wllclrequeslecdervice, itemizes cost of each service anrIeaT%41, �w after photos. REFERENT (� " MIDOROS�-� C. -7J47.3,28-7055 { s SANTAJANA PA12TNE}25, LL"C `714-6-40-T918 +' "' ; CABORACA INVESTMENTS, -714-393-8001 Please do, no hesitate to contact any of the above references. (714)873-5861 20B-16 EXHIBIT A 4r 2, REC&S,INC, Rate and Service Structure Item Description Price Board -up Cost V standard Window $75.00 Each Additional Window thereafter $50.00 Board -up Cost of 1St single door opening $75.00 Each additional door thereafter $50.00 Board -up cost of garage doors $350.00 Bolt- Garages $300.00 Screw door - Windows $55,gq Bolt—Windows $105.00 Screw door- Garages $75.00 Chain (Galvanized chain, price perfoot) $4.15 - Lock (Master lock, per lock) $22.00 Travel Charges (roundtrip) $50.00 After- hour Charge (additional per hour) $3q,pq *Emergency Service Coordination* Minimum 1 hour $120.00 20B-17 pKilauge 6 0 • • CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD FOR SWAT EQUIPMENT (SPEC. NO. 15-041) (STRATEGIC PLAN NO. 1, 5) Cmr'" CITY MA GER IC7:[11111] IT, IIT, I A 0[CA s f CLERK OF COUNCIL USE ONLY. ITINS-00710 ❑ 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 Proforce Law Enforcement for the purchase of SWAT equipment in an amount not to exceed $34,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Police Officers assigned to the Special Weapons and Tactics Team (SWAT) are tasked with the responsibility of handling incidents involving armed, barricaded suspects, hostage situations, and high risk warrant services. These types of operations require effective communication while providing hearing protection to the SWAT members. It is very important to maintain situational awareness and to compress hazardous sound levels at the same time. Tactical headsets are used and provide the ability to maintain peripheral hearing, amplify potential danger signs and audio clues from the environment, which are vital for tactical missions. The manufacture's recommended replacement schedule is every ten years. This purchase will replace all 40 tactical headsets that were purchased in 2005. The notice inviting bids was advertised on May 7, 2015, and offers were solicited. A summary of the bids and offers received is as follows: 15 Vendors were notified 7 Vendors downloaded the bid 0 Proposals received from a Santa Ana vendor 2 Proposals received Bids were received and opened on May 19, 2015. The bid received from Proforce Law Enforcement is responsive to the specifications and meets the City's requirements. 22A-1 Contract Award for SWAT Equipment June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety; Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds are available in the FY 2014-15 Police Department Criminal Activities — D.O.J. account (02614450-63001). I J r C it F kWO5 Carlos Rojas Chief of Police Police Department EG APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD TO SWIFT PRODUCE INC. FOR ZOO COMMISSARY PRODUCE (SPEC. NO. 15-042) {STRATEGIC PLAN NO. 2,2) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordlnance on 1 `' Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Swift Produce Inc. for the purchase of zoo commissary produce for a one- year period expiring June 30, 2016, in an annual amount not to exceed $35,000, with provision for four, one-year renewals exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Zoo at Prentice Park is one of 222 accredited members of the Association of Zoos and Aquariums (AZA). Only the very best organizations meet AZA's high standards for animal care, education, conservation, and visitor experiences. Membership in AZA allows the Zoo to display exotic animals and participate in collaborative animal conservation programs not otherwise possible due to governmental regulations, availability, or prohibitive cost. The superior health, husbandry, and welfare of the animals cared for in AZA -accredited zoos and aquariums, is paramount. The Santa Ana Zoo at Prentice Park is required by both the United States Department of Agriculture and AZA to provide a comprehensive nutrition program meeting the needs of the approximately 250 animals living at the park. Under the guidance of the professional animal care staff, diets are prepared daily with fresh produce being a key ingredient. Providing a variety of fresh produce delivered several times a week, aides in the care and feeding of the Zoo animals. The notice inviting bids was advertised on May 19, 2015 and offers were solicited. A summary of the bids and offers received is as follows: 4 Vendors were notified 4 Vendors downloaded the bid 0 Proposals received from Santa Ana vendors 2 Proposals received Bids were received and opened on June 4, 2015. The bid received from Swift Produce Inc. is responsive to the specifications and meets the City's requirements. 2213-1 Contract Award for Zoo Commissary Produce June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 2 Youth, Education, Recreation; Objective # 2, (Expand youth programming). FISCAL IMPACT Funds are budgeted and will be available in FY 2015-16 Recreation and Community Services SA Zoo account (01113220-63400). Upon exercise of the one-year renewals, funds will be budgeted and made available in the applicable fiscal year in the above referenced account. Gerardo Mouet PIL Executive Director Parks, Rec. & Comm. Svcs. Agency EG/EF APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 1W 22B-2 CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD TO SCOTT'S SCREEN PRINTING FOR SCREEN PRINTED AND EMBROIDERED CLOTHING (SPEC. NO. 15-027) (STRATEGIC PLAN NO. 7,2) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1=091TIO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n'Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Scott's Screen Printing for screen -printed and embroidered clothing for a one-year period expiring June 30, 2016, 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, in an annual amount not to exceed $40,000. DISCUSSION City departments and agencies purchase a variety of silk screened and embroidered t -shirts, sweatshirts, jackets and ball caps for various sports and youth guidance programs and for special events and educational programs. The Parks and Recreation Agency purchase t -shirts for all sport programs and for holiday and special events. The Public Works Agency Water Resources Division gives t -shirts at various community events promoting water conservation. Additionally, the City provides stock t -shirts for uniformed personnel in various departments including Finance and Management Services, Public Works, Police, and Parks and Recreation. The notice inviting bids was advertised on April 16, 2015, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 200 Vendors were notified 12 Vendors downloaded the bid packet 3 Bids received The bids were received and opened on April 30, 2015, and evaluated (Exhibit 1). The bid received from Scott's Screen Printing is responsive to the specifications and meets the City's requirements. 22C-1 Contract Award for Screen Printed and Embroidered Clothing June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Objective #2 (establish communication plans to engage and inform employees and the community about City activities). FISCAL IMPACT Funds will be budgeted and made available for FY 2015-16, and if annual options are renewed in FY 2016-17 and FY 2017-18 in the following accounts: • $20,000 in the Recreation and Community Services account (01113230-63001) • $5,000 in the Public Works Water Quality & Measurement account (06017644-63001) • $5,000 in the Police Department Central Distribution Center account (01114450-63001) • $10,000 in the Finance and Management Services Stores & Property Control account (07601001-12531) Gerardo Mouet Executive Director Parks, Recreation Fred Mousavipou'r Executive Director Public Works Agency SH/sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Community Services Finance and Management Services Agency L_ Exhibits: 1. Abstract of Bids Ds=" sok. CaliJ�S Ca los Rojas Chief of Police Santa Ana Police Department 22Ci-2 ABSTRACT OF BIDS SCREEN PRINTED AND EMBROIDERED CLOTHING (15-027) Ad -Wear & Specialty Bidder of Texas Location Houston, TX Bid Amount $9,306 Set Up Fee none CNM Marketing Inc. Costa Mesa $10,343 $29.00 per color Scott's Screen Orange $10.00 per color Delivery 15-25 days 10-14 days 10-12 days EXHIBIT 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD TO CONSTRUCT WATER MAIN IMPROVEMENTS IN WILSHIRE AVENUE AND BORCHARD AVENUE, AND RESIDENTIAL STREET REPAIR, FISCAL YEAR 2014-15 (PROJECTS 15-6452 & 15- 6836) {STRATEGIC PLAN NOS. 6, 1, B & 6, 1, G} CITY MAN ER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to Excel Paving Company, the lowest responsible bidder, in accordance with the unit bid prices, totaling $2,468,442, for construction of Water Main Improvements in Wilshire Avenue and Borchard Avenue and Residential Street Repair, Fiscal Year 2014-15, 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $3,332,340. DISCUSSION The recommended contract award will allow for the construction of a new water main in Wilshire Avenue and Borchard Avenue. Water system improvements include fire hydrants, gate valves, water services, and related appurtenances. The contract also includes residential street repairs that were approved in the City's Capital Improvement Program for Fiscal Year 2014-15. These improvements include replacing failed concrete pavement with asphalt pavement and replacing damaged curbs, gutters, sidewalks, cross gutters, and curb ramps. The water main replacements will ensure the safe and reliable delivery of drinking water to area residents, while this phase of the Residential Street Repair Program continues rebuilding neighborhood streets throughout the City by enhancing the ride quality, surface drainage, and appearance of the neighborhoods. The streets selected for repair have been identified by the City's Pavement Management System as high priority streets for rehabilitation and are located in neighborhoods in the southeast quadrant of the city (Exhibit 1). These residential streets have deteriorated due to weather, age, and heavy usage. Replacement of the potable water mains in Wilshire Avenue and Borchard Avenue are also identified as high priorities. Coordinating the construction effort sothat the water 23A-1 Contract Award to Construct Water Main Improvements and Residential Street Repair, Fiscal Year 2014-15 June 16, 2015 Page 2 main improvements are completed prior to the roadway repairs is the most effective and efficient way to minimize disruption to area residents. A Notice Inviting Bids was advertised on April 27 and 28, 2015, and bids were opened on May 13, 2015. The following is a summary of the bid invitations and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 28 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Excel Paving Company Long Beach $2,468,442 2 Sully -Miller Contracting Co. Brea $2,610,095 3 Vido Samarzich, Inc. Alta Loma $2,978,810 4 All American Asphalt Corona $3,026,900 5 Minako America Corporation Gardena $3,634,056 A total of five bids were received and all were deemed responsive. Excel Paving Company submitted the lowest responsive bid in the amount of $2,468,442, which is approximately 20 percent lower than the engineer's estimate of $3,050,790. Therefore, staff recommends award of this contract to Excel Paving Company. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans. 23A-2 Contract Award to Construct Water Main Improvements and Residential Street Repair, Fiscal Year 2014-15 June 16, 2015 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015-48 will be filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis has estimated project expenditures to be $3,332,340, which includes the construction contract, construction administration, survey and inspection, as well as contingencies (Exhibit 2). Funds are budgeted in the Select Street Construction expenditure accounts for projects 15-6836 and 15-6452 and will be expended in Fiscal Year 2015-16 in the following distribution: Proiect Account Amount 15-6836 058-17-661-66220 $2,087,627 032-17-662-66220 21,915 059-17-663-66220 406,462 15-6452 066-17-647-66301 816,336 TOTAL. $3,332,340 Public Works Agency FM/EWG/ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A-3 23A-4 SANTA ANA 1n� uP v V A CRY COUNCIL AGENDA DATE: JUNE 16, 2015 RESIDENTIAL STREET REPAIR N GORCYEARS VENUE AND WILSHIREWILAVENUE AND BORCHARD AVENUE WATER MAIN IMPROVEMENT (PROJECT 15683$ AND 156452) oun��x xaAes aoEKI PAGE 1 OF 1 23A-5 23A-6 COST ANALYSIS PROJECT NOS. 15-6452 & 15-6836: WILSHIRE AVENUE AND BORCHARD AVENUE WATER MAIN AND RESIDENTIAL STREET REPAIR FISCAL YEAR 2014-15 Exhibit 2 23A-7 23A-8 CITU' OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15.6836: RESIDENTIAL STREET REPAIR FY 14J15 PROJECT 15.6452: WILSHIRE AVE. AND 60RCHARD AVE. WATER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 16 day of June 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and Excel Paving Company, hereinafter referred to as "CON'T'RACTOR'. WPCNE,SSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRAC'T'OR. agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Project No, 15-6836: Residential Street Repair FY 14/15 and Project 15-6452; Wilshire Ave. and Burchard Ave. Water Main Improvements identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of file "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: •... Notice Inviting Bids • ... Instructions to Bidders •... Bid Proposal • ... Bid Bond Contract Forms •... Contract ponds •... General Provisions •... Special Provisions •.., Technical Provisions Project Plans • ,.. Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Consnuetion. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete Project No. 1.5-6836: Residential Street Repair FY 14/15 and Project 15-6452: 'Wilshire Ave. and Borchard Ave. Water Main Improvements the sum total amount not to exceed $2,715,286.20, as set forth and identified in the [IID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit prices) or lump sum(s) based on approximate quluuities only, and the City docs riot Page '1 o1`3 Wki� 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 15.6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE, AND 8ORCHARD AVE. WATER MAIN IMPROVEMENTS expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CON"TRAC'l'OR agrees to complete the Project No. 15-6536: Residential Street Repair FY 14/15 and Project 15-6452: Wilshire Ave. and Borchard Ave. Water Main Improvements within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe: therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Project No. 15-6836: Residential Street Repair FY 14/15 and Project 15-6452: Wilshire Ave, and Borchard Ave. Water Main improvements a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the Cfl'Y, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, Furnish a warranty performance and payment bond equal to at least ten (101/6) percent of the final Contract price or $ 1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a oenditinn of project acceptance, Ru7tish a Warranty Payinent and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. s. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. it // Page 2 of 23A-10 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT N0. 15.6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. 1-1UIZAR Clerk o F the Council APPROVED AS TO FORM: SO'NIA R. CARVALHO City Attorney B) J se Sandoval hief Zsistant City Atlorrnc:y CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Nlousnvipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Excel Paving Company By:_. Title: Page 3 o f 3 23A-11 23A-12 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent R Sannionto COUNCILMEMBERS Angelica Amezoua P. David Benavidas Michela Martinez Roman Reyna Sal Tinalero May 7, 2015 ""AbLiENDUM i�1o.QNE CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 . P.O. box 1988 M-36 Santa Ana, California 92702 wwW Santa-ana.ora CITY MANAGER David Cavazos CITYA'rrORNEY Sonia R, Carvalho CLERK OF THE COUNCIL Maria D, HUlzar SUBJECT: PROJECT NO, 16-6836: Residential Street Repair 14/15 and PROJECT NO 15-6452: Wilshire Ave. and Borchard Ave. Water Main Improvements The following changes and clarifications have been made to Specifications for the subject project: Specifications _ 1. Pages BP 1, 2 & 3 of 17: Replace with the attached BP 1, 2, & 3 of 17. 2. Page 43 Special Provisions: Replace with the attached page 43. 3. Appendix A: Definition of Bid Items: Replace with the attached Appendix A (9 pages). 4. Appendix K: Quantities for Projects: Replace with the attached Appendix K (1 page) 5. Response to request for information (RFI): Question: The description of bid itern 22, 8 -inch Class 200 AWWA 0900 PVC Water Main, includes, "The unit price per linear foot for PVC water main shall include... all related items of work necessary for the water main installation complete in place, backfilled, paved, and tested." The other water line bid items are similar in respect to "paved" and "repair of surface improvements and hardscapes." a. Do the water line bid items include the construction of the 6 -inch thick PCG pavement for the water line trenches? b. Appendix H shows 6 -inch PCCP quantities in the same area as the water line work on Wilshire and Borchard. Are any of these areas in the same place as the water line work? ExhibitA4 HAMA ANA CIN COUN Oil. Mipuol A. Nadia I aol Tlneloro ! Vk It F. Sarmlalt. I Mltivle Wdlriez I Aapellaa Amezoua P. David asrural+oas i Rmonn NReyna Mawr i Mayor Pro Tom, Ward e WaalI I Ward Wartl2 Word MPfalid4�ala ana,�ug I �jyngyyrq�N�pjn:alL.4C4 a1miLE'.014CPZS.nf]lp:$l:ly dt9 i m�&I,igg([g15aMn one orrr AArizZmdbmlaunawc paanzVtlo9RdeaMaaLpL9 $Ravno(assnnl�a„o,.gr}1 23A-13 Answer:. a) No, the bid items do not include the construction of the 5 -Inch thick PCC Pavement for water line trenches. The final PCC paving of the water trenches is included in the bid Kern #S of the proposal. b) No, these areas are localized areas on the same street, but are not part of the water main construction. All other terms and conditions remain the same. FOR THE CITY Or SANTA ANA n��—Z ^'Edwin " I ram" Gal . City Eruineer BANTAANA CITY COUNCIL, M(god A, Pukl 8017jtrrylnm I WMD1 F. Bg hnlo ; Mla*MM10a AngdlWA MM. P. Bonid Benavidpa i RtlMMRtlynq INayor Mayor PraTem,N7aM5 Werd1 WON£ WRM$ �'/,M4 Wan'19 i1y?y7gl,�anla-n ie,1n 19T no�eruYttlatlntwatBom � - i iva ee„�ta�engorR � er �pgpla;,gp@,,p(C ud se 1 p,,p{y � OHn odCes o Iq.nie. i R�1'gv e?nsenle-aps orcl 23A-14 ADDENDUM NO, ONE PROJECT NO. 15-6836 AND 15-6452 CITY OF SANTA ANA PROPOSAL. PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE, WATER MAIN IMPROVEMENTS TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PAW, vii,JC. APy REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Quantities Unit Unit Price Amount 1 Mobilization (Not to Exceed 10% of Total 1 LS Contract) 2 Unclassified Excavation* 300 Cy 3 3 AC Pavement* 270 TN 4 ARHM Pavement* 1,100 TIN UW 5 Cold MITI* 110,600 SF ?/t 6 ARAM* 12,300 SY 7 Removal of 6" PCC at Various Locations* 3,450 CY 8 Construct 6" PCC with (7 -day) Cure * 3,330 CY 9 Crack Seal with Deery Super Gray* 76,200 LF g �?............_ 7r N1'U 10 Construct PCC Curb Ramp _ 3,800 Sr - BP -1 of 17 23A-15 ADDENDUM NO. ONE PROJECT NO. '15-6836 AND 15-6452 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS Item Description Quantities Unit Unit Price Amount 11 Construct PCC Driveway Approach (T=6") 850 SF 12 Construct PCC Curb (B-1) 100 LF 3 ' 13 Construct PCC Curb and Gutter(A-2-8) 140 LF 14 Construct PCC Cross Gutter 7,350 SF r C 1 t 15 Construct PCC Sidewalk 4,800 SF 33 chi — 16 Grind PCC _ 360 LF 17 Root Shave 50 EA , ISM() _ 18 Adjust Sewer Manhole Frame and Cover 12 EA to Finished Grade 19 Furnish and Install Water Valve Frame and 49 EA Cover to Gradep10- 20 Signing and Striping 1 LS so W3- 21 Temporary Construction Sign 5 EA 4sst�- 22 8" Class 235 AW WA C900 P.V.C. Water 2,700 LF Main — Ini 23 Construct 1" Water Service per City Std. 7 EA Plan 1401 2.ti�c�. ,..� 24 12" X 8" Hot Tap Including Tapping Sleeve 3 EA and Valve /- K�000 -- 10 ODD 25 Fire Hydrant Assembly, Including Gate 7 EA Valve and Lateral Pipe 1000- 26 1" Combination Air Valve 1 EA 27 Vertical Offset per City Std. Plan 14138 1 EA 28 8" Resilient Wedge Gate Valve 5 EA '^ W OL\)-_. 29 6" Resilient Wedge Gate Valve 1 EA r BP -2 of 17 23A-16 ADDENDUM NO. ONE PROJECT NO. 15-6836 AND 15-6492 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS Item Description Quantities Unit Unit Price Amount 30 Traffic Loop Detector 3 EA I 2►� - 31 18" — #3 dowels (with epoxy grouted)* 12,000 EA V VV d TOTAL BASE BID The lowest BIDDER shall be selected on based on the lowest responsible total bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above within seventy 70 working days after the commencement date stated in the Notice to Proceed. Furthermore, Project 15-6452 Water Main improvements shall be completed within the first 30 working days and Project 15-6836 may start at the same time as water main improvement, except on Wilshire Avenue and Borchard Avenue. The bidder also proposes to commence construction of the Work within ten (10) days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6-9 of the Standard Specifications shall be $4,400 per calendar day if not completed within the first 30 working days for Project 15-64-52 and $4,400 per calendar day if not completed within 70 working days for Project 15-6836. P", INCABA Name of Firm Exce, piilyi; ) (o NMAW Signature of BIDDER Title i?. BROWN, f RE51DENT (if an individual, so state) BP -3 of 17 23A-17 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL. STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY 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 Public Works Agency Executive Director or his/her 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 BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. RALP INUBA Name of Firm EXrEi IpA%Li 3rLr'f§ �f Signature of BIDDER l vi. 1 td4t%'- J Title G. P. BROWN, PRF (if an individual, so state) (If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) BP -4 of 17 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: PAIR INC. DBA EXCEL. Patio GQM y AVENUE Business Address: LUNG BEACH, CAVW06 Business E -Mail Address: Telephone: ( 599-5641 State Contractor's License No, and Class: STATE LIC. 6o065g "A° License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: �D(}�J�S State Dept. of Industrial Relations (DIR) Registration Expiration Date: (Q I.�)0 Signed: Title: GIF. BROWN. PREMNT 13P-5 of 17 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. PAILE INC. Name of Firm EXCEL PAVING COMW Signature of BIDDER Title C. P. BROWN, FRESMENT (if an individual, so state) BP -6 of 17 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTYOFORANGE )SS: CITY OF SANTA ANA } C.P. aflowN being duly sworn, deposes and says: ❑INDIVIDUAL That he/she is the party making the foregoing proposal: F-1 PARTNERSHIP That he/she is amemberofthe co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: RALR MOM PRBIDENT Ez.XMI RXIANI got a corporation which is.. making the foregoing proposal: ❑JOINT VENTURE That he Is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute Instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder 0,P, BRo ffi, PRESIDENT mm' ]�'1115 Subscribed and sworn to before me this day of 20 Signature of officer ministering Oath (Notary Public) C. PHILLIPS I( D{� � COMM. n14�3C--1'77 r� vy+ i'��' tJotatY PublloQalitnen .f N qq � LOS ANGELESCDONlY a `^ " My Comm.fxpims Ocl.29,20161I BP -7 of 17 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS KNOW ALL PRESENT that, PALP Inc dba Excel Paving Company , as BIDDER, and Federal Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten percent ofthe total amount of the bid Dollars ($ t0°/ ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY, IN WITNESS WHEREOF the parties hereto have settheir names, titles, hands, and seal this 5th day of May , 20 15 . C.P. BROP PRESIDENT SU RETY A.p, Attorney In Fact° v -lb:and sworn to before me , 20- Signature: 2230 Lemon Avenue Long Beach, CA 90806 Warren, NJ 07059 Notary Public in and for the County of State of this___ day of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. BP -8 of 17 23A-22 A Notary Public or other Officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGMENT State of California County of Orange ) On 05/05/2015 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(!) whose namely) isFare subscribed to the within instrument and acknowledged to me that he/the" executed the same in his/lhefA4aif authorized capacity(ie*, and that by hWheqtherr signature(y) on the Instrument the person(g), or the entity upon behalf of which the person($) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. eEttta� suvA ti C14iV{ COC 41997M M - sv , NOTARYPUBIIC-CALIFOPNIA .. ;' ORANGE COUNTY N Signature Swn ( (Seal) fdYCQ4Ct,CdPypV19,2018 23A-23 Chubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 16 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 ICHUBB Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Douglas A. Rapp and Timothy D. Rapp of Aliso Viejo, California ---------------------------------------------------------- each as their We and lawful Attorney- In- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obllgatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any Inatrumonts emending or altering the same, and consents to the modileatlon or alteration of any instrument referred to In said bonds orobligations. In Witness Whereof, sold FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 16th day of December, 2011. P��1.Kannetn C. Wendei, Assistant&earetary1wl NrrisJr„ STATE OF NEW JERSEY as. County of Somerset On this 16th day of December, 2011 before me, a Notary Public of NOW Jersey, personallycame Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the wets affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By. Laws of said Campanles; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he Is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr, subscrlhed to said Power of Attorney Is In the genulne handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By. Laws and In deponent's presence. .Notarial Seal KATHERINE J. ADELAAR C.D— NOTARY fINC1, 2 16 NEW JFk5F1Nn,2316605Cotnmlullon ExpilJuly id, 2014 Notary Pu4Id CERTIFICATION Extract from the By Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "AIL powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Aselotent Vice President, jointly with the Secretary or an Assistant Secretary, under their respective deslgnalions. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers; Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facalmde to any power of attorney or to any cartlFlcata relating thereto appointing Assistant Secretaries or Attorneys. in- Fact for purposes only of executing and steeling bonds and undsnakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facwimlle signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undariaking to which It Is attached." I, Kenneth C. Wendel, Assistant SOonsury of FEDERAL. INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (p the foregoing extract of the By. Laws of the Companies is truo and correct, (Ip the Companies are duly licensed and authorized to transact surety business in all 50 of the Iled States of America and the Disthot of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and ate U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney is true, correct and In full force and affect. Given under my hand and seals of said Companies at Warren, NJ this Sin day of May, 2015. �gOe o r 3' nP x r dL'dIPNP r ort 'n,Y6W pP'I"�—e nneC. Wael, Assistant Secretary114y'� IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 13666 e-mail: surety@chubb.com Form 15.10. 02256-U (Ed, 5-03) CONSENT 23A-24 cALIFORNIA ALL -PURPOSE -ACKNOWLEDGMENT CIVILVIDDE1 1180 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certHkiate is allac hed, and not ft "fulness, accuracy, or validity of that document. State of California Countyof Los Angeles On MAY 1" 3 201 before me, C. Phillips, Notary Public Date Here fnsert Name and litte of the Officer personally appeared C. P. Brown Names) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(; whose name(s) isAM subscribed to the within instrument and acknowledged to me that he/shmfty executed the same in hisAmWilbok authorized capacity(les), and that by hislk®h Moir signatures) on the instrument the person(s), or the entdy,ilpon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. o r>ruLups comm xa<a�� M ;+, N Signature °n'a �"-= t�otaq Fuhilc Calitornfa � �---- ucr� s cour v Signa ure of 1", Public ,y MY Comm. fkplr6s Ort. 29, 7.Oi€�� Place Notary Seal Above OPTIONAL Though this section Is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capaotty(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Titles): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey In Fact ❑ Trustee ❑ Guardian or Conservator F1 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .\.i+ \.5�✓d.d �\..LSu .L. A..i "u4�J _ .h -. ti.4 vL\ ,. .5,.� ti 5 _ .i\�4' iao4 S�'! 0 1 • • •, r ate., • .if • 111: , •14j 23A-25 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCNARD AVE. WATER MAIN IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Yz% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y=% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License DIR Reg. Location Phone Type Of Amount Name License DIR Reg. License Location Phone Type Of Amount Name License #/Exp. DIR Reg. #/Exp. License # Location Phone _ Type Of Work Amount $ Signature of Bidder 0,p, BP,d Wv,pflUAMENT Name License #, RIR Reg.I Location Phone Type Of V Amount $ Name License#/Exp. 31�tw - ?4 /1' DIR Reg. #/Exp. loo= 030�_.___.�a�as C License # ;A(21 Location 5A±nn Phonei44i % Type Of Work 5;11 Vi , nR Amount $ &0� - Name _ License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone _ Type Of Work Amount $ BP -9 of 17 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. 1. Name and Address of Owner. J S&U Wl- A rZJ 81,191 Name and Telephone Number of person familiari h roject. 1 1 "tn 140— / 10)WIq Contract Amount Type of Work Date Completed 2. Gb OA�(A 1ivy Vy MV\ 61r . Name ancLAddress of owner. Name and Telephone Number of person f miliar ith project. MW q I 2Z 13 Contract Amount Type of Work Date Completed ®ITi1�M�1►Ti�itG►"t►l�s)�i(/.I�fi1►1 and Address of owner. Name and Telephone Number of 22 11� ON � Contract Amount familiar with project. Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. �D `i I M-0 BP -10 of 17 23A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street rehabilitation, water main improvements, and concrete in the past 5 years. 1. 2. 3. Name and Address of Owner Name and Telephone Nun U . k Contract Amount vaolm M S and Address of owner. r of person famlipr with project, Type of Work I,0 J UI'! Date Completed Name and Telephone Number og person familiar with project. 6&b �. 6NOS& 6)ulg Contract Amount Type of Work Date Completed of Name and Telephone Number \ 5v\ 2n'1 Contract Amount person familiar with project. ' flC... Type of Work cA toI�1 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. m ' s h -q - R, BP -11 of 17 23A-28 CITY OF SANTA ANA PROPOSAL PROJECT N0, 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subjectthe certifier to criminal prosecution. Signed State of California County ofi 08 ANul Pr Subscribed and sworn to (or affirmed) before me on this „ day okwlt i i3 'Lt1520_� by .-.CaK BROWN , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Si ature Notary Public Seal �u�uPs 1t L9'JE7:7, U r—j:7 uLl�iG+h�4ttllA {� BP -12 of 17pi¢a Oct.29.201E 23A-29 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND eORCHARD AVE. WATER MAIN IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all Information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such BP -13 of 17 23A-30 CITY OF SANTA ANA PROPOSAL PROJECT NO, 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: O.P. BROYM, PRESADENT Firm: ;4 ca nwwi rMEAW MAY 1 i )11115 Date: BP -14 of 17 23A-31 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836; RESIDENTIAL STREET REPAIR FY 14-/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: -yL� Title: C;P. BROWN. PRESME T LpHUM 3 Firm: Date: '' }` A a illi, BP -15 of 17 23A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452: WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed:g$�r Title: Firm: PAP ° Date: BP -16 of 17 23A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO. 15-6836: RESIDENTIAL STREET REPAIR FY 14/15 PROJECT 15-6452; WILSHIRE AVE. AND BORCHARD AVE. WATER MAIN IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUEST10NAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No v If the answer is yes, explain the circumstances in the following space. BP -17 of 17 23A-34 BIDDER proposes to have Asphalt -Rubber BINDER for ARAM (application) applied by: Manhole Adjusting, Inc., 9500 Beverly Rd., Pico Rivera, CA 90660-2135 Name/Address This section shall be completed even if the bidder plans to apply Asphalt -Rubber binder with its own equipment and labor forces. Name above must be the actual company applying the Asphalt -Rubber binder on the roadway. Bidder shall attach to this form copies of all required local air pollution control district or air quality management district final permit to operate (PTCI) documents (not temporary, experimental, research, and/or authority to construct (ATC)) which allow the operation of the specific equipment to be used to control emissions during the application of Asphalt -Rubber binder on the roadway (the Application). The Application, in a manner conforming with these project specifications, has been indisputably determined to be in non-compliance with California air quality regulations limiting opacity of emissions, unless a permitted emission control device is used during the Application to directly remove emissions occurring during the Application. It is for that device, which may be described as an air filter, custom air pollution control system, portable air pollution control, opacity control unit, emission control unit consisting of collection hood and 3 -stage oil mist filter system, or other similar description for which a copy of a final PTO must be provided from the local air pollution control district or air quality management district. If the bidder fails to fully complete this portion of the bid and provide the foregoing documentation, the bid is non-responsive and shall be rejected. CERTIFICATION UNDER PENALTY OF PERJURY I certify under penalty of perjury under the laws of the State of California that I have read and understand the requirements contained in this form, I further certify that all Information provided in response to this form is true and accurate to the best of my knowledge and belief. C -P, D RES"" . C Print Name, Title Signature of 23A-35 Date 3 7015 NXIM DESIGNATIONICERTIFICATION OF ASPHALT-RUBBERAND AGGREGATE MEMBRANE CONTRACTOR AND/OR SUBCONTRACTOR(S) Bidder proposes to have the ARAM installed by: Manhole Adjusting, Inc. This section shall be completed even if the apparent low bidder plans to produce and install ARAM with its own forces. Name of Contractor and/or Subcontractor(s) shall be the actual company(ies) applying the binder and aggregate. For any bid to be considered responsive, performance criteria must be demonstrated on five separate projects performed by the same contractor or subcontractor(s) designated above, and with equivalent aggregate and binder proposed for the ARAM in this bid. Two years shall have elapsed since completion of the ARAM surface on each project and the projects shall be located in Southern California. To be considered a valid representative project:, bidder must submit the name of the project, owner agency, agency representative's name and phone number, and a list of streets with limits totaling at least 1 mile (based on full width) in length for each project and the date the project was actually performed. A project will be considered a valid representative project if an asphalt emulsion spray application was originally placed with or without an application of sand, within 15 calendar days of the application of ARAM. Any other cover coat or course on the ARAM will cause the ARAM to be considered invalid as a representative project. ARAM on all projects mast show insignificant raveling (loss of rock) and insignificant flushing (binder migration to the surface) at time of inspection by the Agency. Bidder shall verify any proposed representative projects prior to listing a subcontractor with such projects, or the bid will be considered non-responsive, If the Bidder cannot list in the space provided five projects that meet the criteria specified herein that were performed by the proposed ARAM contractor or subcontractor(s), the bid shall be considered non-responsive. 23A-36 May 11 ,2015 2i 5aF'M MANHOLE FfDJUSTIMCt }.b, T_3,23-559-8055 ' Name of Project No, I _L x r L//// Date Completed �r Agency i.�A'R~Rtl,$ Agency Contact Phone 6!k) I 3:. ki, Approx. Longth of ARAB/. (FUII width) Name of Project No. 2 % /'m la Z 4w4) Date Completed -,<! y +" � Agency Agency Contact I),&I 11,112.24'ell" Phone �(aj yf �(c(�tJ Approx. Length of ARAM (Full width) Name of Project No. 3 .iL:zZ,�p' jJe,�7 Date Completed` --�— F Agorloy Agency S /4-t/l Phone �7�) °�'a14P �,� Approx, Length of ARAM (Pull width) J L le, Name of Project No. 4 zt �J2% tyls l Date Completed /Y4.1,ATL Agency Agency Contact f//4146y) //,2,20 Phone I7(� �Sc(a Approx. Length of ARAM (Full width) Name of Project No, 5 51&rl a��?g J e�- 4?cll Date CompletedL,/�`_,wFk6� Agency jj'f/Grp �.�%"�l�p�J Agency Contact ,4.✓�'j 1......... Phone Appeori. Length of ARAM (Pull width) ci/ 6414- rKWU Pr�> sa s ear t� got Signature of Bid rr Tldo Dn+e BNO OF CONTRACTOR'S CERTIPICATIo� OF QIIAL,IFICATION 23A-37 May , 11 _^2015 2t,68PM, MANHOLE FIDJLIPTII+P INV,, 323-558-8055 P.3 South Coast Air Qpakty Mena em,ent District Pneo V'6M"^I Pur in h Nq. +� z I865 CaPIeyf7y Piamnrl7d Oz<r, A 91765.4 1..70 M 1M1,�1 1;•p8G4?5 i1�r1``lRe ( TO APRRATE nm ��ari I.egnl O+vntt 11) 45094 or Oporatm MANHOLE ADJUSTIN0, INC 9500 mVERLY kr) PICO %IVEAA, CA 90460.2135 Equ4pmvnt Loadtlum VARIOUS LOCATIONS IN SCAQMI'J F,quiptnent Description ; PORTABLF RQBLWktZED ASPHALT SPR.F AOFR NQ. 2, EQUIPMENT NO, 803, CONSISTING OF; 1, BOLDING TANK, XUB,BERI:f_ED ASPHAIWT BfNDrP,, x,500 OR4,500 CALLON CAPACLTV, WI'rl-i TWO 300,000 B711/1 lit LPG FUELFO BLIRNER9, AND ONE ASPI IALT ILIJI3it A 13iNDUR SPREADER, 2. COLLEC'T'ION IIOOI;) No. 2, l4 -b w. CW I'I'H EXL'ANf)Af]1 WCNC S) X I'I-9 I., X 9.5 Ft, 3, 9IX FILTER S2CTIONS, EACH T1iR.EE 8TA0P.OTL MI5'I' COLLEOTG }d,' 4. BXIIALfS'I' SYSTEM WITHstx FIYI')RAlIL1C POWERbD BLOWi RS VP-MIN(!A ),io,'ASPtiAL'l' BARBER F11NDVR'$PREA'OER. Qonditiors : 11 OPERA'T'ION ON TLIIS C.QL.gI''MI';,N'1' S1.IALL 3R C10NDUCT'I:D IN ACCOI4DANCI; WITH ALI. DATA AND SPI;CIFIOATION$ SUBMITT81) WITW THF APPLICATION UNDER WHICH THIS PERMIT IS ISSUIM UNLESS OTHERWISP'NOTCD BELOW. 31 THIS RQUIPMENT SRALI. 811 PROPERLY MAINTAINGO AND KEPT 1N UO(.)I) (311vRATTNO CON DI'l".ION AT A L L T I M NS, 31 TRIS EQUIPMENT 5I CALL BE L7'FF,RATEU IN A MANNER TO MINIM17.1? I M.IS'SIONS TNTC TT{F ATMOSPILERF TO THY -4 MAXIMUM PXTRNT POSSIBLE, 41 TK AIR POLLUTION CONTROL, SYSTEM SHALL L1Ii IN FULL OPERATION' WPiENEV k,)R'I'Ht,", SPar,ADI3R'C'IIAT LS suRVE.S IS SPRAVINQ ASPHALT RUSBER BINDER 5. THG LTOI,DING TANK CO'VISR(9) SHALL, REMAIN CLOSED FOR ALL, OPERATIONS EXCI3PT D? )I;ING CHARGINQ. 6, A Mr:C`.HANICALGAUGL: $1IALL. S6: NIAINTAINRO SO AS'110INVICATE, IN INCHES WATER COLUMN, 'T'HE' S'T'ATIC PRVSSURE DIFVERENTIAI, ACROSS THE FILTER SECTIONS. ORIGINAL 23A-38 May 11 , 2011.5-2 1 SBPM MRM.H - - ...—._.. 312.31-55'a OSS 4-Bp, ,-,T, __ OLNG_ RDJUBT,T„-G TMCC_. 323 -SS, , 114 VVI South Coast Air Quallty maijagement (District r01"I'm No. „J 21865 Copley DrNe, Mamand Bar, CA 91765.4178 H-nsr,428 Y'Ra'ro1 PERMIT TO OPERATE AIN 2()7418 7, WHENEVER THIS EQUIPMENTIS IN Olyl?.RAT'ION, THS STATIC PRESSURE OiFFEUNTFAL. ACROSS .EACH FILTER SECTION SHALL NDTEXCEED 3,1 I'NCHMS OP WAT'FR COLUMN, S. THE EQUIPMENT OPERATING TEMPERATURE SF•IAI.L.NOT EXCEED 400 DEOREeS FAHRENHEIT, 9. THE AMOUNT OF RUBBERIZED ASPHALT BINDER PROCESSED 13Y THIS EQUIPMENT 9HAI.L• NO'r EXCEED 6,000 TONS JN ANY ONE MONTH 10, THE AMOUNT OF PROPAN'E'USED TO FIRE THE BURNERS SI TALL NOT EXCEED 5,080 GALLONS 1N ANY ONE MONTH, 1 I , RECORD$ SHALL BE MATNTAWED TO PROVE COMPLIANCE WITH CONDITIONS NOS( 9 AND 11, THE RECORDS SIFALL 13E KEPT FOR AT LEAST THE LAST TWO YP:ARS AND MADE AVAILABLE TQ DISTRICT PERSONNEL UPON REQUEST, 12, THE OPERATOR SHALL CEASE. OPERATION OF THIS .EQUTPMENT IF THE VISIDLII EMISSIONS E'XC6ED TIIE LIMIT IN RULE 401, 13. UPON THE, FIPTH DAY AFTER 1?LACEMENT OF THIS UQUIPMRNT IN OPERATION AT A SITE, THF DISTRICT SHALL 13F3 NO'FI,N12D VIA PHONE AT 1.877410.6995 OF THE S%4cT NATURE OF TFIR PROJECT AS FOLLOWS: A. 'THE PERMITNLIMBER Of THE PORTABLE EQUIPMENT, B, THF; NAME AN'F7'FHONR NUMBER OF THE CONTACT PERSON, C. THE LOCATION WHERE THE; PORTABLV EQUIPMENT WILL BE OPERATED, D. THE EST'IMATF,D TIME THE PORTABLE ECOIPMENT WILL BE LOCATED AT THR SI'T'E, E. DESCRIPTIONOF'THE PROJFiCT F, IF LESS THAN 0,25 MILL TO THS, NEAREST SENSITIVE REC'EP"COR, DEMN0,,D AS LONGTERM HEALTH CARR FACILITIES, REHABILITATION CENTERS, CONVAL'ESC'ENT CENTERS, 'RETIREMENT HOME,,,;, R,R$IDENCR%SCHOOLS, PLAYOROLINDS, CHILD CARE! CENTERS, AND ATHLETIC FACILITIES, SOURCES OPERATING PCR'FA5LL' L'QU(PMGN'T PRIMARILY AT A SINOLP, F'ACIL,FTY PEftMJ'I'TED UNDER A VARIOUS LOCATIONS ,PERMIT MAY FLC3CT TO COMPLY WITH AN ALTERNATIVE CONDITION TO NOTIFY THE AQMD ONLY WHEN THE EQUIPMENT IS MOVrD OUTSIDE T 7 FACILITY, AS LONG AS IT L70ES NOT REMAIN AT ANY ONE LOCATION WITHIN Ti -W, FACILITY FOR MORE THAN 12 CONSECUTIVE MON'T'HS, A FACILITY SHALL BF. DEFINED A4 ANY SOURCE OR GROUP 01" SOURCES OR OTHER AIR CONTAMINANT-EMiTT'INO AQTIVITIBS WHICH ARI; LOCATED ON 0'NE OR MORE CONTIGUOUS PROPERTIES WITHIN THE DISTRICT, IN ACIuAI, PHYSICAL CONTACTOR SEPARATED SOLELY BY A PUDL1C ROADWAY OR OTHER PUBLIC RIGHT-OF-WAY AND ARE OWNED OR O.PCRAT LI) BY THLI IAMB PERSON (OR BY PFRCONS UNDER COMMON CONTROL.) Ti LOSE ELECTINO'CI.11S OPTION SHALT.. ALSO AGRI;F TO A CONDITION TO MAIN'T'AIN RECORDS DE'MONSTRAT'ING THAT THE EQUIPMENT DOES NOT RESIDE AT ANY ONE LOCATION WITHIN THE FACILITY (EXCLUSIVCOF A DESIGNATED STORAGE ARBA) FOR MORE THAN 12 CONSECUTIVE MONTHS, THESE RECORDS SI IAL(_ BE MADE AVAILABLE TO THE AQMD UPON REQUEST. ORIGINAL. 23A-39 _,. 2.'_ _ ....----... - _- ........ Mai 1.1 241.,5 c•.�B5 P,M �MnNH4LE ADJUSTING INC. 323- 5 5 8 - 8 4 S 5 P.5 '�unL,ny�ai tiu�Ia,� South Coast Air Quality Management District p Tr�F 218415 Copley Drive, Ufarngnd Bir, CA 91765-4178 Ir+mll ,vn, II+NNloi,, nrlW� .I� „•,,,, µM17.471,9 Arn D74I3 PERMIT TO OPERATE 14, THIS EQUIPMENT SHALL NoT RNMAIN FOR MORE'[" 1°IAN 12 CONST;[,,"IJ'TIVr MONTHS AT ANY ONE LOCATION IN THE DIS'T'RICT. THIS PERMIT TOOPERATE 'JR -086425 SUPEMdSEDES PERMIT TO OPERATE R -D66425 ISSQED 5/16=13 NOTICE IN ACCORDANQ„ ,, WITH RU'LS 206,'[7°115 PERMIT TO OPERATE OR,COPY SHALL, IFE PO5TED ON OR W ITT N 9 METERS OF THE EQUIPMENT, THIS PERMIT DOES NOT AUTHORIZE THE EMISSION OP Alit CO'NTAMINAN'TS IN VXCP.,SS OF THOSE ALLOW81713Y DIVIVON 26 OF TI W I IEALTH AND SAFETY CODE OF'f HE STATE OF CAyro?,NIA 0117HG RULES OF THE AIR QUALITY MANAOEM'ENT DISTRICT, THIS PERMIT CANNOT BE CONSIVERED AS %f,RMISSTCN TO VIOLATE EXISTING LAWS, ORDINANCES, REGULATIONS OR STATUTES OP 0TlfFR cQVFKNMFNT AGV.NCIES, iXECUT'IVE OFFICER. 404w4 d By loads M.1301q/131301 ORIGINAL, 23A-40 23A-41 23A-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONTRACT AWARD FOR ROADWAY REHABILITATION ON MCFADDEN AVENUE, CIVIC CENTER DRIVE AND MEMORY LANE (PROJECTS 14-6801, 14-6804, & 14-6811) (STRATEGIC PLAN NOS. 6, 1, B; 6, 1, C; & 6, 1, G) CITY MANAGER RECOMMENDED ACTIONS 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 1. Award a contract to Eagle Engineering & Development, Inc., the lowest responsible bidder, in accordance with the Base Bid plus Add Alternate 1, totaling $1,342,612.13, for the Roadway Rehabilitation on McFadden from Newhope to Harbor, on Civic Center from Main to Spurgeon, and on Memory Lane from Main to North City Limits Project. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,772,000. DISCUSSION Approval of these recommended actions will allow for construction of street repairs on McFadden Avenue, Civic Center Drive, and Memory Lane that were approved in the City's Capital Improvement Program for Fiscal Year 2014-15. This phase of the Arterial Street Repair Program continues the rehabilitation of arterial streets throughout the City. The recommended arterial street segments, located in the two northern city quadrants (Exhibit 1), have been identified by the City's Pavement Management System as high priority arterial streets in need of rehabilitation. These arterial streets have deteriorated due to weather, age, and heavy usage. The improvements include removal and replacement of failed asphalt concrete pavement and replacement of damaged concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps. A major improvement to McFadden Avenue is the installation of bike lanes along this east -west corridor. In addition to extending the life of the pavement, the combined projects will enhance the ride quality, surface drainage, and appearance of the streets, while improving mobility and active transportation options. 23B-1 Contract for Roadway Rehabilitation on McFadden Avenue, Civic Center Drive, and Memory Lane June 16, 2015 Page 2 A Notice Inviting Bids was advertised on April 24 and 25, 2015, and bids were opened on May 14, 2015. The following is a summary of the bid invitations and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 0 Contractors requesting bidding documents 9 Bids received 5 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 Eagle Engineering & Development, Inc, Pomona $1,342,613 2 R.J. Noble Company Orange $1,419,813 3 All American Asphalt Corona $1,480,128 4 Excel Paving Company Long Beach $1,640,895 5 Hardy & Harper Santa Ana $1,734,934 A total of five bids were received and all were deemed responsive. Eagle Engineering & Development, Inc. submitted the lowest responsive bid in the amount of $1,342,612.13, which is below the engineer's estimate of $1,486,000. Therefore, staff recommends award of this contract to Eagle Engineering & Development, Inc. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. 2015-49, 2015- 50, 2015-51 were filed for this project. In addition, a Certification of Categorical Exclusion and 23B-2 Contract for Roadway Rehabilitation on McFadden Avenue, Civic Center Drive, and Memory Lane June 16, 2015 Page 3 Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis estimates project expenditures to be $1,772,000, which includes the construction contract, construction administration, survey and inspection, as well as contingencies. Funds are budgeted in the Select Street Construction Fund for projects 14-6801, 14-6804, and 14-6811, for expenditure in Fiscal Year 2015-16 from the following accounts: Proiect Account Amount 14-6801 05917663-66220 $598,000 14-6804 05917663-66220 $407,000 14-6811 05917663-66220 $767,000 I M r Executive Director Public Works Agency FM/EWG/ET Exhibits: 1. Location Map 2. Cost Analysis 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 • E r 23B-5 COST ANALYSIS REHABILITATION IMPROVEMENTS ON MCFADDEN FROM NEWHOPE TO HARBOR, CIVIC CENTER FROM MAIN TO SPURGEON AND MEMORY LANE FROM MAIN TO NORTH CITY LIMITS PROJECT NOS. 146801, 146804 & 146811: $1,342,613 $73,840 $93,980 ........................................................... $33,557 TOTAL ESTIMATED CONSTRUCTION COSTS ( $1,772,000 Exhibit 2 23B-7 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No, 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14.6804: Civic Center Drive from Main to Spurgeon Street Project No, 14-6811: Memory Lane from Main Street to North City Limit This CONSTRUCTION CONTRACT is made and entered into this 16 day of dune 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CIT r"' and Eagle Engineering & Development, Inc., hereinafter referred to as "CONTItACTOW', WITNSSSET'H, The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perforin all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike spanner and to the satisfaction of the CITY, the following projects, herein after referred to as the "PROJECT": • Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard • Project No. 1.4-6804: Civic Center Drive from Main to Spurgeon Street • Project No. 14-6811: Momory Lane from Main Street to North City Limit All work shall be completed in accordance with the Contract Documents prepared by the City's Public Works Agency. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • ... Notice inviting Bids • ... Instructions to Bidders •... Bid Proposal * ... Bid Bond Contract Forms +... Contract Bonds •.., Specifications •... General Provisions +... Special Provisions • ... Project Flans +... Appendices +... Contract Agreement In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction, 2012 edition. Page t of CITY OF SANTA ANA CONSTRUCTION CONTRACT Project: No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14.6804; Civic Center Drive from Main to Spurgeon Street Project No, 14•6811. Memory Lane from Main Street to North City Limit 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the PROJECT the sum total amount not to exceed $1,476,874.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". 'rho BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the PROJECT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit `A") including commencing construction within the timeframe the=rein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the PROJECT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of Circ work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such; bonds are supplied to and approved, by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond), 7. CONTRACTOR shall, upon project completion as a condition of project ao0eptanro, finnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty-five Percent (25%) of the Contract price, to warrant the wort, done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. x. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. n Page 2 of 3 23B-10 CITY OF SANTA ANA CONSTRUCTION CONTRACT Project No. 14.6801: Mccadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Chive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. IlUIZAR Clerk of the Council APPROVED A5 TO FORM: SONIA R. CARVALHO City Attorney 41hiAsscsiuios(tant BYl Cite Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour, P.E. Executive Director, Public Works Agency CONTRACTOR: Eaglanginee ring�� Deveno. Gardtrs�.sc �i4.A.r.s4�Title3'r b Fr7 Page 3 of 3 23B-11 23B-12 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmlento COUNCILMEMBERS Angelica Amezoua P. David Banavides Michele Martinez Roman Reyna Sal Tinajero May 13, 2015 LISP] 11gel Mb • *! - 3.RNICATNTA PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 + P.O. Box 1988 M-36 Santa Ana, Cafi la 92702 W .Santa-ana orr 4 111111 P3 14 171 V-4 Ill I q Y» s CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following changes have been made to the Contract Documents for the above combined projects: 1. Replace Notice Inviting Bids with the attached version which moves the Bid t7 enin Tlme and Date by one day to Thursday. May 114. 2015 Time: 2:00:59 pm. 2. Replace Special Provision Pages 60.65 per attached to clarify materials for Green Bike Lane Legends, Merging Areas and Details, in addition to anti-skid thermoplastic and thermospray and other striping removal clarifications. 3. Revised Exhibit 1 related to Add Alternate #1 included in Addendum 1 previously transmitted. 4. Replace Channelization Plan TA -01 (per revision date 5113115) for McFadden Avenue from Newhope to Harbor. 5, Replace Channelization Plan (per revision date 5113115) for Memory Lane From Main Street to the Northern City Limit, and to clarify that the project limits begin from the east side of Main Street on Memory Lane. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA F04—Edwin' dliam" Galv , P.E. ^— City Ef gineer ExhibitA It�6ovgM_Pralwp>1ac1NalNlanal xrµmvammJeVACFWeen nam NovArolm la Nwbnr(ra- ij\Caeul"anulsPael5eauwNPtltlaMUWda x spec 14(vu$Jom SANTA ANA CITY COUNCIL Miguel A. PuG90 I VnVelllF Sarmiento MIChoo lvaornx Anger ca AnrvvuaP.. eawtl aenevi'As Ronn)"Rayna i SalTreMjo Mayor Wye, Pro Tem. We'd l ' Word Nlartl3 W"4 ! Word ! WaM6 I �.uk.nl�caF�+4 i va r lenlgs�sonla^ ss1m-om ! Mtvlart rex@anl aha rlA h3 d I LSi€!�tl �.4.� ! RRevna r'r�anit 3 I 6TIIl9r+ro aa+laa�na [9 23B-13 MAYOR Miguel A. Felice MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne SalTinajem May 7, 2015 PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 . P.O. Box 1988 M-36 Santa Ana, California 92762 yrvVW_aanta-ana. orq CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Holzer The following changes have been made to the Contract Documents for the above combined projects: 1. Replace Pages BP -1 through BP -3 with new Bid Items Numbers 37-39 as part of Add Alternate #1 per the attached. 2. New Exhibit 1 related to Add Alternate #1 per the attached. 3. Replace Channelization Plan TA -01 {per revision date 5/6/15} for McFadden Avenue from Newhope to Harbor. 4. Replace Definition of Bid Items pages A-11 through A-15, related to Add Alternate #1's new Bid Items No. 37, 38 & 39. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA 4� .Edwin% illiam" Galy z, P.E. City engineer 11PYIftFREW,nainaaNplao§pn�P�olaGtWNueUtMAallmp�ovennnlaU Wda 4.. NnvM9M la N 1l11naaaalNPaaumeM515pCailleplronaWMhnMVNtl I spa 10"'Uwe SANTAANA CITY COUNCIL Mlgol A. Fhaldo I Vinrent F&amtlantn Mkh.N Manplaz i ArvelxtA DZX i Poav aeneHdaFi Rwnnn Rayr Sal11mim Mayo Mayes Pm Tem, Ward 1 Ward2 i Wwd3 I WpMA Wazd5 I Walla MP Ida�sa i - i V�artttian o'®sa tlaaM.ara j MMvMr4@3$P f I PAmexcua�hmeaNaannaa j I RRsvnadapnntn�erW nm i ST_S, Rhi K 23B-14 CITY OF SANTA ANA PROPOSAL PROJ. 14-6801, 14-6804, 14-6811 • Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Mahn to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Eagle Engineering & Development, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents hi its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description UnitQty Un1t Price Amount 1 mobilization (5010) 4S 1 21 736,61 21,736.71 2 Unclassified Excavation CY 1,800 32.96 59,328 3 Pulverize Material and Cement Treat Base (CTB) (8") SF 140,300 0.67 94,001 4 Additional I% Cement Content (Optional)* X SF 140,300 0.06 8,418 5 Remove Excess Pulverized Material CY 1,300 31.51 40,963 6 Cold Mill SF 185,000 U4 62,900 7 Asphalt Concrete (AC) Pavement TN 7,000 64.60 452,200 8 Asphalt I2ubberliotMix (AR11M) TN 2,400 76.44 153,456 9 Pavement Fabric* SY 41,500 1,56 64,740 10 — PCC Sidewalk (4") SF 3,910 4,21 16,461 11 PCC Driveway Approach (Commorcial = 8") SF 500 1035 5 375 12 PCC Curb Ramp SF 5,640 4.25 23,970 13 New ADA Truncated Domes (Cast-in-Placc) EA 3 327.17 082 14 PCC Curb and Clutter (Type A-2-8) LF 450 21.82 9,819 15 PCC Median Nose" FA 2 720.77. 3,442 16 Concrete Bus Pad SF 860 9.38 8,067 17 Grind PCC LF _ � 10 53.24 532 BP -1 23B-15 CITY OF SANTA ANA PROPOSAL PRO.1. 14-6801, 14-6804,14-6811 ADDENDUM NO, ONE Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit Itom Description Unit Unit Qty unit Price Amount _ Is RootShave —"— EA 21 10116 2124 19 Adjust Sewer and Drainage Manhole to Finished Grade BA 36 487.66 14,630 20 Adjust Manhole Frame & Cover to Finished Grade _ BA — 10 488.44 4,884 21 New Water Valve Box Frame and Cover to Finished Grade EA 53 417.47 2rJ, 636 22 Adjust Survey Monument to Finished Grade EA 2 1620.39 3241 23 Adjust to Grade Sewer Cleanout EA 1 532.46 532 24 Adjust Pull Box to Finished Grade EA 2 490.76 982 25 New Pull Box (#6) EA m 7 54234 3,796 26 Traffic Loops Type E FA 97 217.52 21,0199 27 Traffic Loops Type D FA _ 42 240.88 10,117 28 "Traffic Loops Type Q _ EA 1 239.58 2401 29 Detector Lead-in Cable LF 760 2.11 16014 30 Pedestrian Push Button to 40" _— EA 5 275.48 1377 31 Conduit LF 40 4317 1727 32 Temporary Construction Sign EA 6 0320.54 5523 33 Traffic Control (3%) LS 1 35977.49 35977 34 Signing and Striping LS 1 78125.81 78126 35 Survey Work (2%) LS 1 12456.91 12454 36 SWPPP for Risk Level 2 Project LS 1 8572.32 8572.35 **TOTAL BASE ]BID (Includes All Three Projects) 1,289,232.09 * The quantity for this bid item is shown forbid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. x Tins bid item is considered deletable per Section 3-2.5 "Eliminated Items" of the Standard Specifications. 1 This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. "The lowest responsible bidder sball be selected based on the lowest responsive 'TOTAL BASE BID. The City reserves the right to award the Base Bid and any, all, or none of the Add Alternate Bid items. 23B-16 CITY OF SANTA A ANA PROPOSAL r 14-6801, 14-6804, 14-6811 Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 1.4-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit Item Description Unit Qty Unit Price Amount ADD ALTERNATE #1 (Includes All Three Projects) 37 Bike Lane Legend (Exhibit 1, Detail "A") EA 8 1870.42 6963 38 Bike Lane Merge Area Legend (Exhibit 1, Detail "F") EA l9 2588 09 49174 39 Bike Lane Buffer Addition (Exhibit 1, Detail) LF 8,000 78 6240 TOTAL ADD ALTERNATE #1 (Includes All Three Projects) 62,337 **TOTAL SASE SID (Includes All Three Projects) 1,289,232.09 * The quantity for this bid item is shown forbid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item wilt be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly, X This bid item is considered deletable per Section 3-25 "Eliminated Items" of the Standard Specifications. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications, **The lowest responsible bidder shall be selected based on the lowest responsive TOTAL SASE BID. The City reserves the right to award the Base Bid and any, all, or none of the Add Alternate Bid items. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder shall complete all work in the contract and for all three projects, within a total of one hundred ten 110 working days after the commencement date stated in the Notice to Proceed. Projects shall be constructed in the following order and (#) working days per project: I) McFadden (50 working days), 2) Memory Lane (35 working days), & 3) Civic Center (25 working days) The bidder also proposes to commence construction of the Work within ten f10) working days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be X2,100 per calendar day. Name of Firm Eagle Signature of BIDDER Title President (if an individual, so state) BP -3 23B-17 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY 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 Public Works Agency Executive Director or his/her 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 BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities sat forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Eagle ,Engineeri Signature of BIDDER Title President ment, Inc, (if an individual, so state) (If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) BP -4 23B-18 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Eagle Business Address: 216 T Business Address: Telephone: ineering and Way, Pomona, CA 91767 E -Mail bramirez@eagleengdev.com 909-444-5566 State Contractor's License No. and 760628 Class A Class: License Expiration Date: 1/31/2016 State Dept. of Industrial Relations (DIR) 1000011337 Registration No.: State Dept. of Industrial Relations (DIR) 6/30/201 5 RPai�+rar;nn F..xniration Date: 11:1P, Signed: Title: President BP -5 23B-19 Inc. CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name ofFirm Eagle Engineering and Development Signature of BIDDER Title President (if an individual, so state) BP -6 23B-20 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit OWNERSHIP AFFIDAVIT STATE Of CALIFORNIA I COUNTY OF ORANGE I SS: CITY OF SANTA ANA ) wnr m aamne: , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERS14JP That he/she is a member of the copartnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the copartnership by: who constitute the other members of the copartnership, ❑* CORPORATION That he is of: eaye anninnefmy and oevempmen. Inc a corporation which is making the foregoing proposal: [-]JOINT VENTURE That lie is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been andis duty vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by coli cion to secure any advantage against the City of Santa Ana or any person interested in the pro osed contract, for h' 's"�lf or any other person. Signature of Bidder sworn to before mo this i day of J 20 Oath (Notary Public) J�OV�ANA 5i� TEFF HENS" Commission # 1955860 a $• uu Notary public • California a San Bernardino County FA Gomm. Ez fires Oct 8 2015' BP -7 23B-21 I pp 7¢ � JKs1 naulnw.,�pny?'§W.d1 W N WflgeF iwMYNr' �Cb'*W,:Y^� 23B-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County cf Los Angeles On May 13, 2015 before me, Jovana Stephenson Notary Public Date Here insert Name end Title of the Officer personally appeared William Ramirez _ Name(s) of Signers who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the dOVANn STEPHENSON person(s), or the entity upon behalf of which the person(s) Commission # 1955660 acted, executed the instrument. Notary Public • California i I certify under PENALTY OF PERJURY under the laws of San 6arnsrdino County the Sta=handand he foregoing paragraph is true M Comm, Ex tires Oct 8, 2015 W and co Witnes Place Notary Seal Above Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ownership Affidavit - McFadden Ave, to Harbor Blvd. Santa Ana Document Date: May 12,,2016 Number of Pages: 1 Slgner(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: William Ramirez ❑ Individual 9 Corporate Officer —Titie(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fant ❑ Trustee ❑ Guardian or Conservator Fal Signer Is Representing: Signer's Nan ❑ Individual ❑ Corporate Officer —Tltle(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Signer Is Representing: 02007 National Notary Assooiallon, 53(0 Do Solo Ave., P.e. Box 2402. ghalaworlh, CA 0i 31&2482, www.NatlonalNotaryorg lom 05907 neordec Cefl ToIFFroo l,000-8766827 23B-23 I k, 70 kit N W 23B-24 Bond No. EAGEN-28 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No, 14-6804: Civic Center Drive from Main to Spurgeon Street Project No, 14-6811: Memory Lane from Main Street to North City Limit KNOW ALL PRESENT that, Eagle Engineering and Development, Inc. , as BIDDER, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($ 10% of Amount Bid ),which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of Mav , 2015 . BIDDER* 216 Toby Way SURETY* 21688 Gateway Center Dr. Subscribed and sworn to before me Orange, CA 92867 this (714) 516-1232 ay of ,20—. Signature: Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. BP -8 23B-25 CALIFORNIA ALL-PURPOSE Y STATE OF CALIFORNIA County of t oS Angeles -_._.. �. On Mev 13 2015 before me, Jovana Stephenson Nota Public 'Date more naert em a and Title at the Of9car personally appeared William Ramirez _ _- Namo(s) of &Igner(s ._. JOVANA STEPHEN$ N C6mmisswnt 9906$60 NNtA�}1PBbtltic C6sltlkti6� S6n96mardinoT88nt�Y comm. Ex Inn; Oct 8; Zeta Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corract./" — ', Witness q5y hand and Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond - McFadden Ave. to Harbor Blvd, Santa Ana Document Date: May 12, 2015 Number of Signers) Other Than Named Capacity(les) claimed by Signer(s) Signer's Name: William Ramirez ❑ Individual 9 Corporate Officer —Title(s):President ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer—Titie(s):_ ❑ Partner -171 Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ® 9007 Nallonal Notary Assocladan • MM De Sob Ave., P.O. Box 2402 � Chatsworth, CA 913l3 2402, www.NalionalNoieryorg liem #590] neaNer: Call Toil"Free 1.80tl8'lfr6a27 23B-26 23B-27 ib�Qpdf�Qi Si M71P NI ftSGt p;'R ., 23B-27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On 5/12/15 before me, Karen L, Ritto Notary Public, Date insert Name of Notary exactly as It appears on the official seal personally appeared Andrew Waterbury j I Nama(s) of Slgner(s) I who proved to me on the basis of satisfactory evidence to be the person(x) whose name(X) is/=subscribed to the within instrument and acknowledged to me that heMM04 executed the same in his/W(M& authorized capacity(tex), and that by his/MoCWeit signature(X) on the instrument the person(x), or the entity upon behalf of which the person(4) acted, executed the instrument. / `<sr{r. r n't rN (r - CC:411 1)t 1 ORANG � n ttf "nn i' i'i phi I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my official seal. fpubic Sig a Place Notary Sea] Above Sig Karen L. RIttO OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 5/12/15 Number of Pages: One Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ,Andrew Waterbury Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General [J( Attorney in Fact ❑ Attorney In Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 23B-28 POWER OF ATTORNEY TRAVELERSJCarmiugton Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casually and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St, Paul Guardian Insurance Company ` Attorney -In Fact No. 228109 Certificate No. 006117264 IZ'NOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St, Paul Fire and Marine insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duty organized under the Imus of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc„ is a corporation duty organized trader the laws -at the State of Wisconsin (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Daniel HuckIthy, Arturo Ayala, Dwight Reilly, and Andrew Waterbury of the City of _ Ornrto , State of California , their true and lawful Attomey(s)-in-Pact, cacti in their slim ire capacity if more than one is named above, to sign, execute, seal and acknowledge any and of bonds, recognizances, conditional andertakings and other vahings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertalengs required or peunlited in anyactions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th day of September 2014 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity tied Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company OtSU4,ury.lri grp*Pt b \Ff N.-�.�.;TG\ /p1Y,MB4gq.y eYeri'�OtW4„49fl12s1�arp'Ci`I 1✓ 8��%hn. b�g ' I�''4dx4�`a� 'Ki.'ero9J g4'R�Oa1 s..l exq��Gf�sp.awinj�^�/ S; Y/£'es4t,I oeva:nnrl.egypn°mnli` l m:g " NCON. IN. SEAL A.SSAL;gclk!-! 8905 liso M...«,,✓, , is 0 Slate of Connecticut City of Hartford as. Robert L, Raney., enior Viae President On this the 29th day of September 2014 before me personally appeared Robert L. Haney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity air([ Guaranty insurance Company, Fidelity and Guaranty Insurance Undecwriters,lnc., SL Paul Fire and Marine lneminee Cmnpnny, St. Paul Gtmrdian Insurance Company, St. Paul Mercury Insuraince Company,Travelers Casualty And Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaanty Company, and that Ire, as such, being authorized so to do, executed the Foregoing instrument for the purposes therein contained by signing on behalf or the corpmutions by himself is a duly authorized officer. 1'n Wiliness yohereor, ] Ieret,5uo se[ my hand and official seed. TAA My Commission expires the 30th do), of June, 2016. AUG %r 4•Marc C.'reu'emut, Notary Public 58440-8-12 Printed in U.S.A. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in fill force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any AssistaatTreasurer, the Corporate Secretary or any Assistant Secretary may appoint Attortays-In-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of Indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice Resident, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duty anesied and scaled with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, rimy the signature of each of the following officers; President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seat of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin B. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaady Insurance Company, Fidelity and Guaranty Insurance Underwriters, fine., St. Paul Fire and Marine Insurance Company, St, Paul Guardian lnsurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Goal arty, Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 12th defer May 12015 Kevin. F[ugh �istant Sea to pGyFpSVAJ�F try% f1M1[ y ' v�0.W..:'.r.S(,N jp%Y.iP'. NSVAro OP,ty 4Hp ryt r}b S�t(� �x5 U R �Y mmusinteD '. j Eo0.VOnnYfl iW:�OAP094 t�.M�, 4 G Q e 1989 $ i 197'7 auurosa F0' 1EQ® 'y, i9tJi a4. am ��v5CA4%' "51SAL:'m. rano. k \* use �A . nH i lF{AINF'- To verify the authenticity of [his Power of Attorney, call 1-800-421-3880 or contact its at www.travelersbond.coni. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OFJ%-iYNSY 1,50W W {.ID WITHOUT THE RED CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department oftndustrW Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Diversified Asphalt Products License #/Exp. 6817261213172015 DIR Reg. #/EXp. 1000009014 EXP 6/3012015 Location Anaheim, CA Phone 714-449-6666 Type Of Work Pavement Fabric Amount $ 60,806 Name Orange County Striping License #/-Exp. 346095 EXP:3/31/2017 DIR Reg, #/Exp. 1000005547 Exp:6130/15 License # 346095 Location Orange, CA Phone 714-639.4550 Type Of Work striping Amount S 73110 Name California Professional Engineering License #/Exp. 793907 EXP: 4/30/2017 DIA Reg. #/Exp. 1009001980 EXR 6/30/201 s License # 793907 Location La Puente Phone 626-810-1338 Name Pavement Recycling systems License #/EXp, 569352 EXP:. 5/31/2015 DIR Reg. #/Exp. 1000003363 EXP: 6730/2015 Location Jurupa Valley Phone 951.682-1091 Type Of Work Amount $ Name Tree Smith Cement Treat Base 65515.21 License #/Exp. 802705 EXP: 1131/16 DIR Reg. #/Exp. 1 000001 83 8 EXP: 6/30!2015 License # 802705 Location ANAHEIM, CA Phone 114-996-6037 Type Of Work Tree Amount $ 1995.00 Name License #/Exp. DIR Reg. -#/Exp, License # Location Phone Type Of Work ElectdcaULoop Detectors Type Of Work Amount $ 37,365.00 Amount $ Si atureofBidder ^. BP -9 23B-31 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. t4-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Sheet to North City Limit REFERENCES The following are the names, addresses, and telephone numbers for T.HR->; public agencies for which BIDDER has performed similar work within the past three years. I, USACE- Fort Irwin National Training Center, CA Name and Address of Owner. Jason King- 760-953-3812 Name and Telephone Number of person familiar with project, 3,700,000 Complete Asphalt and Base Section R&R 5/2015 Contract Amount Type of Work Date Completed 2. PWD Twentynine Palms, CA Name and Address of owner. Joseph Leonard -760-830-8806 3,000,000 Contract Amount 3, NAV/FAC Twentynine Palms, CA of person familiar with project. Various Asphalt/Concrete Repair Projects Base Wide Type of Work Name and Address of owner. Brian Harrington- 760-830-7409 Name and Telephone Number of person familiar with project. 6/2014 Date Completed 684,044 R&R Asphalt Roadway, New Sidewalk, Curb & Gutter 2/2015 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. I Milik & Associates Insurance Services 917 S. Village Oaks Dr. Suite 101, Covina CA. 91724 -877.468-2233 CSBA - COMMERCIAL SURETY BOND AGENCY- Main: (951) 340.2804 BP -10 23B-32 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed Rehabilitation Street Improvement Project work in the past 5 years. 1. USACE- Fort Irwin National Training Center, CA Name and Address of Owner. Name and Telephone Number of person familiar with project. 3,700,000 R&R Asphalt Contract Amount Type of work 5/2014 Date Completed 2. USACE VA Hospital, Long Beach, CA Name and Address of owner. Thien Vu - 626-27.6154 Name and Telephone Number of person familiar with project. 2,010,000.00 AC & PCC Rehab _ 11/2012 Contract Amount Type of work Date Completed 3, USACE- Fort Irwin National Training Center, CA Name and Address of owner. Jason King- 760-953-3812 Name and Telephone Number of person familiar with project. 2,900,000_ _ R&R Asphalt 4/2015 Contract Amount Type of work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. BP -1 I 23B-33 CITY OF SANTA ANA PROPOSAL, Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Signe( Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to State of California County of1_Li%17�i� Subscribed and sworn to (or affirmed) before me on this day of 2(��y � t l � j� 1�.>a VV1l C g� proved to me on the basis of satisfactory evidence to be he person(s) BP -12 Notary Public Seal 23B-34 anvaN�"'"" n srE n NSDN [ +yCommlaeiorr # i956 O UW - Notary Puhllo - Californla a San Bernardino Counly my Comm. Ea he Oct S. 2015 23B-35 eq _. 23B-35 ;z • •. r A ;+ r M l A' a STATE OF CALIFORNIA County of Los Angeles On Mav 13. 2015 before me, Jovana Stephenson Notary Public Date here insert al�me and'Fit a of thn Icer personally appeared William Ramirez Nalne(s) of Slgnons) JOVANA STEPHENSON Commission # 1955660 `r Notary Public • California San Bernardino County M Comm. Ex ire$ Oct 6, 2015 Place Netsry Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), at- the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct./" -'""moo Witness rfiv hand and Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Non Collusion Affidavit- McFadden Ave. to Harbor Blvd. Santa Ana Document Date: May 12 2015 Number of Pages: 1 Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name:William Ramirez ❑ Individual Teff Corporate Officer— Title(s):Prasidant ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Cl Other: Signer Is Representing: Signer's Name: ❑ Individual 0 Corporate officer —Tltle(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ 'trustee Cl Guardian or Conservator ❑ Other: Signer is Representing: 02097 Na9onal Nolary Aasaoiaon, 9350 De Solo Ave.,PA,aox 2402•Chatsworth, CA 013132402•www.NauonalMotaryarti Item45907 reorder: Cell TclWree 1.806-876.6827 23B-36 23B-37 W, M, CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whale or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 23B-38 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: IA)V--VEZ2� Title: President Firm: Eagle Engineering and Development, Inc Date: 5/13/2015 BP -14 23B-39 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to 'North City Limit STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the ,joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like mount to the Califon 'vApprenticeship Council. Signed: Title: President Firm: Eagle Engineering and Development, Inc. Date: 5/13/2015 23B-40 CITY OF SANTA ANA PROPOSAL Project No, 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitlle-dI� Signed: �yrt _ Title: President Firm: Eagle Engineering and Development, Inc. Date: 5/13/2015 BP -16 23B-41 CITY OF SANTA ANA PROPOSAL Project No. 14-6801: McFadden Avenue from Newhope Street to Harbor Boulevard Project No. 14-6804: Civic Center Drive from Main to Spurgeon Street Project No. 14-6811: Memory Lane from Main Street to North City Limit PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire, Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER., ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. e0 23B-42 � § / 2blA 14®I` 23B-44 REQUEST FOR COUNCIL. ACTION WIN CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENTS WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., FOR GEOSPATIAL INFORMATION SYSTEMS SERVICES (GENERAL FUND) (PROJECT 15.6005) (STRATEGIC PLAN NO, 6, 1) :22 CITY MAMA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ."49061w§ ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 20° 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 Environmental Systems Research Institute, Inc,, subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide GIS Roadmap Consulting Services for a one-year period expiring on June 15, 2016, in an amount not to exceed $40,899. 2, Authorize the City Manager and Clerk of the Council to execute an agreement with Environmental Systems Research Institute, Inc„ subject to nonsubstentive changes approved by the City Manager and City Attorney, to provide GiS Training Services for a one-year period expiring on June 15, 2015, in an amount not to exceed $25,540. DISCUSSION Through the combined efforts of the City Council, City Manager, City Staff', and the community, the City of Santa Ana Five -Year Strategic Plan (FY 2014-15 to FY 2018-19) was adopted in March 2014. Of the many goats and objectives outlined in the Strategic Plan, Strategic Goal No. 6, Objective 1, focuses on Community Facilities and Infrastructure and the establishment and maintenance of a Community Investment Plan for all City assets. Accomplishment of this goal requires investment in the technology to Implement a citywide asset management program, The industry standard for asset management programs is integration with geospatial information systems (GIS), The City currently uses the ArcGIS software product developed by Environmental Systems Research Institute, Inc., (Earl) to geo-code and map many Public Works assets, Through available third -party sources, other City agencies are also able to spatially analyze data, such as census, zoning, and neighborhood Information. As a first step toward Implementation of the City's asset management system, the Public Works Agency desires to expand the utility and functionality of the City's GIS Program. This can be 25A-1 Agreements with Esri for GIS Roadmap Consulting Services and GIS Training Services June 16, 2015 Page 2 accomplished by establishing a project framework in accordance with best GIS management practices. Additionally, the ongoing viability of the asset management system can be assured if assigned staff is prepared to use the GIS software to its fullest capability. The GIS Roadmap Consulting Services agreement provides for up to 130 hours of professional services that include strategy planning, workflow development, analysis of current geospatial solutions and capabilities, and recommendations for required build -out. The GIS Training Services agreement provides for 90 days of Esri instructor -led training, coaching services, and required user licenses for the training sessions. Training will first be given to Public Works staff that will have hands-on responsibility for asset data analysis and then to staff from other agencies, as can be accommodated. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT The Public Works Agency received a General Fund allocation for this Strategic Plan project in Fiscal Year 2014/15. These funds were deposited in February 2015 and are available in the Public Works Traffic & Transportation Engineering account (01117620-62300, Project 15-6005). Executive Director APPROVED AS TO FUNDS AND ACCOUNTS Executive Director Public Works Agency Finance & Management Services Agency FM/mlm Exhibits: 1. Agreement with Esri for GIS Roadmap Consulting Services 2. Agreement with Esri for GIS Training Services 25A-2 TRAINING AGREEMENT THIS AGREEMENT is made and entered into this 19th day of June 2015 by and between Environmental Systems Research Institute, Inc. (SSRI), a California Corporations, (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 geospatial information systems (GIS) software training. 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: This Agreement includes a) This signature page, b) Training Terms and Conditions attached as Exhibit A to this Agreement, and c) Quote #20469116, dated May 13, 2015, attached hereto as Exhibit B. This Agreement shall commence on the date first written above and terminate on June 18, 2016, unless terminated earlier in accordance with the Training Terms and Conditions. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. The total amount to be expended pursuant to this Agreement shall not exceed $25,500. In addition to required insurance coverage referenced in Article 5 of the Training Terms and Conditions, Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. This Agreement, along with the attached Exhibits, constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any Exhibit 2 25A-3 previous agreements, understandings and arrangements between the parties relating to such subject matter, Any modification(s) or amendment(s) to this Agreement shall be in writing and signed by an authorized representative of each party. 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. CARV City Attorney Assistant RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency 25A-4 CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Name: Title: Tax ID# Exhibit A esno TRAINING TERMS 1 CONDITIONS Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 This Training Agreement ("Agreement") is between you (hereinafter "Client") and Environmental Systems Research Institute, Inc. ("Esri"). Client acknowledges that Client has read and understood this Agreement and agrees to be bound by the terms and conditions hereof. RECITALS This Agreement allows Esri to conduct training courses and provide training -related services to Client who wishes to obtain training in the use of Esri GTS software. Both parties agree to the terms and conditions contained below. ARTICLE 1—DEFINITIONS a. "Client -Supplied Training Data" means any digital dataset(s) including, but not limited to, geographic, vector data, coordinates, raster, or associated tabular attributes supplied by Client for use in training. b. "Esri Mobile Lab" means Esri hardware shipped to domestic US Client site training events, if Client does not have the required hardware to host a scheduled training event, consisting of laptops preconfigured with Esri Software, Training Materials, hard drives, power cords, and network switches. c. "Esri Training Event Assistant" means Client's primary Esri liaison in organizing Client site and private training events. d. "Student" means a registered participant for a specific training course, Client coaching services, or training -related services. e. "Training Materials" means digital or print content required to complete a course, which may include, but are not limited to, workbooks, data, concepts, exercises, and exams. ARTICLE 2—TRAINING DESCRIPTION 2.1 Instructor -led training and Client coaching services are offered by Esri in the use of Esri's GIS Software. a. Instructor -led training is offered online in a cloud -based environment, at a Client site, or at an Esri learning center. Course information, location, dates, number of maximum participants, and registration requirements are located in the Esri training catalog (l, ittp://training.esri.com). Courses are conducted in close conformance with the course description outlined in the Esri training catalog and are subject to change due to limitations or constraints including, but not limited to, technical capabilities, and Client's needs. b. Client coaching services arc available for Client to enhance the learning experience by providing extra time to review and practice course concepts with an instructor's on-site guidance. ARTICLE 3--ESRPS RESPONSIBILITIES . 3.1 Esri will a. Provide training in a manner consistent with the technical and professional standards of the industry. b. Provide an instructor qualified to conduct the training course(s), Client coaching services, or training -related services. c. Provide all necessary Training Materials for Student. d. Confirm class approximately ten (10) business days prior to the scheduled start date. Client site and private classes confirmation is dependent on receipt of the completed Client site training request form and intended method of payment. ARTICLE 4—CLIENT'S RESPONSIBILITIES 4.1 Client will a. Ensure all Students have received confirmation from Esri to participate in an Esri training event. Unregistered Student[s] will not be permitted to view or participate in an online classroom training event. Esri reserves the right to disconnect any Student who permits access to unregistered Student[s]. 8207 Page 1 of 10/22/2014 25A-5 b. Confirm all registered Students meet the minimum prerequisites for the applicable training event set forth on Esri's Training website. c. Submit registrations with a confirmed payment commitment at least seven (7) business days prior to the scheduled start date. Registrations submitted without payment commitment will not be a guaranteed reservation and will be added to a wait list pending payment confirmation. All wait list reservations are subject to availability. d. Submit to the Esri Training Event Assistant a list of the names and e-mail addresses of Student[s] who are to attend a Client site or private training event at least three (3) business days before the scheduled start date. Subject to compliance with Article 14 Export Control Regulations, any Student who is a resident of a US embargoed country or is found on any of the various US Government Lists of Parties of Concern or Specially Designated Nationals lists will not be permitted to attend the training event. e. Be responsible for all Student travel arrangements and agrees that Esri is not responsible for losses from nonrefundable travel arrangements due to the denial of Student's participation based on US government export regulation requirements, course scheduling changes, or cancellations. f Complete and submit an Esri Client site training request form, if applicable, and ensure that the class environment adheres to the requirements for Esri Training as found online at http://trainina esr com/eatewav/index efmvfa=classroom requirements. g. Ensure Student use of Training Materials provided by Esri complies with the terms of this Agreement. h. Assume full responsibility for Student attending training course(s) under this Agreement. Client agrees to indemnify Esri, its officers, directors, and employees for any and all claims, liabilities, and expenses (including reasonable legal fees) arising out of or based on any uncured material breach by Student of the terms and conditions of this Agreement. 4.2 If the Esri Mobile Lab is used, Client will a. Immediately report any existing damage to Esri Mobile Lab equipment to Training Event Assistant, upon receipt of the equipment. b. Keep Esri Mobile Lab equipment in a secure, locked area between training event sessions. c. Ensure that only registered Student[s] use Esri Mobile Lab equipment. d. Be responsible for loss of, damage to, and/or theft of Esri Mobile Lab equipment while in Client's possession. e. Warrant that it maintains sufficient insurance coverage obligations created by this Agreement and by law. f. Allow the Esri instructor to check all Esri Mobile Lab equipment following the completion of training. Any damage to Esri Mobile Lab equipment due to Student use, excluding normal wear and tear, will be brought to the attention of Client by written notice. Client hereby agrees to be financially responsible for any repair or replacement of equipment resulting from such damage. g. Make Esri Mobile Lab equipment available for freight pickup upon the conclusion of the training event. ARTICLE 5—INSURANCE AND INDEMNIFICATION 5.1 Insurance. Esri carries, at a minimum, the following coverage: a. Comprehensive general liability or commercial general liability with minimum coverage of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, including death, and property damage liability, to include the following: 1. Premises and operations 2. Blanket contractual liability 3. Broad form property damage 4. Independent contractors 5. Personal injury, with employee exclusion deleted 6. Completed operations b. Workers' compensation insurance, with waiver of subrogation, in an amount that complies with statutory limits. 5.2 Indemnification. Esri will indemnify and hold harmless Client and each of its directors and officers (collectively the "Indemnified Parties") from and against any and all damages, losses, liabilities, claims, judgments, and settlements, including all reasonable costs, expenses, and attorneys' fees, arising out of any action or claim for bodily injury, death, or property damage brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful E207 Page 2 of 6 10/22/2014 25A-6 misconduct by Esri or its directors, officers, employees, or agents while engaged in or as a result of the training or coaching services provided by Esri pursuant to this Agreement while on Client's site. ARTICLE 6—LICENSING AND MATERIALS 6.1 Training Materials Reservation of Ownership. This Agreement gives Student certain limited rights to use electronic and tangible versions of the Training Materials. Esri and its licensor(s) retain exclusive rights, title, and ownership to the copy of Training Materials, software, data, and documentation licensed under this Agreement. Training Materials are protected by United States copyright laws and applicable international copyright treaties and/or conventions. All rights not specifically granted in this Agreement are reserved to Esri and its licensor(s). 6.2 Grant of License. Esri grants to Student a personal, nonexclusive, nontransferable license to use Training Materials for Student's own training purposes. Student may run and install one (1) copy of Training Materials and reproduce one (1) copy of Training Materials. Student may make one (1) additional copy of the original Training Materials for archive purposes only, unless Esri grants in writing the right to make additional copies. 6.3 Training Materials are intended solely for the use of the training of the individual Student who registered and attended a specific training course. Student may not (i) separate the component parts of the Training Materials for use on multiple systems or in the cloud, use in conjunction with any other software package, and/or merge and compile into a separate database(s) or documents for other analytical uses; (ii) make any attempt to circumvent the technological measure(s) (e.g., software or hardware key) that effectively controls access to Training Materials; (iii) remove or obscure any copyright, trademark, and/or proprietary rights notices of Esri or its licensor(s); or (iv) use audio and/or video recording equipment during a training course. 6.4 Client -Supplied Training Data. Client will retain ownership of any Client -Supplied Training Data 6.5 Software. Client's existing license agreement, if any, or the License Agreement found at http://www.esii.com/legal/software-license will cover all applicable terms of use for Esri provided software, data, documentation, and content used by Student during a training event. Esri may issue temporary Esri software licenses for Client site training if Client has an insufficient number of Esri software licenses available at Client's training facility. Client must uninstall all temporary Esri software licenses and return any media provided by Esri upon conclusion of the training event. MNI111NA- AS1KUKI iYYalMII1►`/sVl106ro 7.1 This Agreement is effective upon acceptance. Either party may terminate this Agreement at any time upon written notice to the other party or for a material breach that is not cured within thirty (30) days of written notice to the breaching party, except that termination is immediate for a material breach that is impossible to cure. Upon termination of this Agreement for breach, Esri may request Client to return or destroy all copies of Training Materials in its possession, and any whole or partial copies, in ally form and deliver evidence of suchdestruction to Esri, which evidence shall be in a form acceptable to Esri in its sole discretion. The parties agree that all provisions that operate to protect the rights of Esri and its licensor(s) shall remain in force should breach occur. Termination does not relieve Client from payment for any current or outstanding training registrations. Upon termination, Client agrees to pay Esri all current and outstanding invoices for training. Student[s] who are currently registered for a training course are granted the right to continue to attend the training course subject to the terms and conditions of this Agreement. AR'T'ICLE 8 --STUDENT REGISTRATION AND TRAINING EVENT CHANGE POLICY 8.1 Individual Student Seats. Client will provide written notice to Esri's Customer Service department at service(cbesri.com of any Student transfer, cancellation, or substitution requests at least three (3) business days before the scheduled start date. a. Multiple requests and any requests that occur without the three (3) business days advance notice are subject to a fee, as determined by Esri. b. Cancellation of Student registrations that occur without the three (3) business days advance notice are subject to the full training event fee. c. Substitute Student must be from the same organization as Student being replaced. E207 Page 3 0£6 10/22/2014 25A-7 8.2 Client Site/Private Class/Coaching Services (Training Event). Client will provide written notice to Esri's Customer Service department at service@esri.com of any training event reschedule, cancellation, or Student substitution requirements at least three (3) business days before the scheduled start date. a. Training event reschedules and cancellations that occur without the three (3) business days advance notice are subject to the full training event fee. Client will be responsible for all of Esri's reasonable travel expenses and shipping costs (including Esri Mobile Lab) for all rescheduled or canceled training events. b. Student substitutions that occur without the three (3) business days advance notice are subject to a fee. Substitute Student must be from the same organization as Student being replaced. 8.3 If cancellation of a training event is necessary due to force majeure as described in Article 11 below, the affected party is released in full from the three (3) -business day notification. The affected party will either reschedule or cancel the training without incurring any liability. 8.4 If Esri is unable to conduct the training on the scheduled date, Esri will notify Client at least three (3) business days before the scheduled start date. ARTICLE 9—PAYMENT 9.1 Payments a. Accepted payment methods are found at http://training esri com/gateway/index efm?fa=catalog_paymentdetails. b. Esri will invoice Client upon completion of each training course or immediately upon receipt of a purchase order, if mutually agreed to by the parties. Client's payment will be due no later than thirty (30) days after receipt of the invoice. c. If Client is invoiced and pays that invoice prior to the scheduled training event, then Client has one (1) calendar year (twelve [12] consecutive months) from the date of the invoice to consume the training days. For a multiyear order, the training days must be consumed by the end date specified on the Esri quotation. Thereafter, all prepaid fees are forfeited. ARTICLE 10—CONFIDENTIAL INFORMATION 10.1 Except for any personally identified information (PII), any data or information controlled for export under the United States International Traffic in Arms Regulations (ITAR), or other classified data, Esri or Client may disclose to the other party certain confidential information under this Agreement. The disclosing party shall identify the information as confidential information at the time of disclosure. Each party shall use the confidential information described above only for exchanging information needed to provide the training contemplated by this Agreement. Within fourteen (14) days of completion of the training, each party shall return or destroy and provide written notification of destruction of the other party's confidential information. ARTICLE 11—FORCE MAJEURE 11.1 If the performance of any obligation under this Agreement is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, threat of or actual terrorist act, cyberattack, or other violence; any law, order, proclamation, regulation, ordinance, or demand; or any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, will be provided a temporary extension for a period of time as may be reasonably necessary to allow for such delay, prevention, interference, or restriction. ARTICLE 12—WARRANTY 12.1 Limited Warranty. Esri warrants that the media upon which Training Materials is provided will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. 12.2 Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, THE TRAINING AND TRAINING MATERIALS CONTAINED THEREIN ARE PROVIDED "AS -IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE TRAINING OR TRAINING MATERIALS WILL MEET CLIENT'S NEEDS OR E207 Page of 10/22/2014 25A-8 EXPECTATIONS; THAT THE USE OF TRAINING MATERIALS WILL BE UNINTERRUPTED; OR THAT ALL NONCONFORMITIES, DEFECTS, OR ERRORS CAN OR WILL BE CORRECTED. THE TRAINING DATABASE HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT ITS ACCURACY AND COMPLETENESS, AND THE OPINIONS BASED THEREON, ARE NOT GUARANTEED. THE TRAINING DATABASE MAY CONTAIN SOME NONCONFORMITIES, DEFECTS, ERRORS, AND/OR OMISSIONS. ESRI AND ITS LICENSOR(S) DO NOT WARRANT THAT THE TRAINING DATABASE WILL MEET CLIENT'S NEEDS OR EXPECTATIONS, THAT THE USE OF THE TRAINING DATABASE WILL BE UNINTERRUPTED, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. ESRI AND ITS LICENSOR(S) ARE NOT INVITING RELIANCE ON THIS TRAINING DATABASE, AND CLIENT OR STUDENT SHOULD ALWAYS VERIFY ACTUAL DATA, WHETHER MAP, SPATIAL, RASTER, TABULAR INFORMATION, AND SO FORTH. THE DATA CONTAINED IN THIS PACKAGE IS SUBJECT TO CHANGE WITHOUT NOTICE. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, ESRI DOES NOT WARRANT IN ANY WAY TRAINING DATA. TRAINING DATA MAY NOT BE FREE OF NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS; BE AVAILABLE WITHOUT INTERRUPTION; BE CORRECTED IF ERRORS ARE DISCOVERED; OR MEET CLIENT'S NEEDS OR EXPECTATIONS. NEITHER CLIENT NOR STUDENT SHOULD RELY ON ANY TRAINING DATA UNLESS CLIENT HAS VERIFIED TRAINING DATA AGAINST ACTUAL DATA FROM DOCUMENTS OF RECORD, FIELD MEASUREMENT, OR OBSERVATION. 12.3 Exclusive Remedy. Client's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in this Article 12 shall be limited, at Esri's sole discretion, to (i) replacement of any defective Training Materials; (ii) repair, correction, or a workaround for Training Materials, or (iii) return of the fees paid by Client for Training Material that do not meet Esri's limited warranty, provided that Client uninstalls, removes, and destroys all copies of the Training Materials; and executes and delivers evidence of such actions to Esri. 0fts[1L110930 toI11 41FIP►[1304K11t31Kfo&W.11130WfejFURIAAlwoLY[7714 13.1 EXCEPT FOR INDEMNITY ASSOCIATED WITH CLIENT SITE TRAINING, IN NO EVENT SHALL ESRI BE LIABLE TO CLIENT FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR TRAINING; LOST PROFITS; LOST SALES; BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESRPS TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY CLIENT FOR THE PORTION OF THE TRAINING UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ARTICLE 14—EXPORT CONTROL REGULATIONS 14.1 Client must comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Client expressly acknowledges and agrees not to export, reexport, transfer, or release Esri provided Training Materials, in whole or in part, to (i) any US embargoed country (including to a resident of any US embargoed country); (ii) any person or entity on the US Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the US Commerce Department's Lists of Parties of Concern; or (iv) any person or entity where such export, reexport, or provision violates any US export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to US export taws. ARTICLE I5—TAXES 15.1 Training provided is quoted exclusive of all state, local, value-added, or other taxes; customs; or duties or other charges (other than income taxes payable by Esri). lathe event such taxes or charges become applicable to Esri's training or deliverables, Client shall pay any such applicable tax upon receipt of written notice that such taxes or charges are due. E207 Page 5 of 6 10/22/2014 25A-9 ARTICLE 16—UCC INAPPLICABILITY 16.1 Training provided under this Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of the UCC. ARTICLE 17—GOVERNING LAW 17.1 This Agreement is governed by and construed in accordance with the laws of the state in which training is being held or, in the case of training provided over the Internet, the laws of the State of California, without reference to its conflict of laws principles. ARTICLE 18—ENTIRE AGREEMENT 18.1 This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter. The undersigned hereby acknowledges and represents that he/she has read and understands this Agreement and has the authority to bind his/her organization to these terms and conditions. An executed Agreement shall constitute a duplicate if it is transmitted through electronic means, such as fax or e-mail, and refect the signing of the document by Client. Duplicates are valid and binding even if an original paper document bearing Client's original signature is not delivered. IN WITNESS WI-IEREOF, the parties have caused this Agreement to be executed and effective as of the last date written below. (Client) By: Authorized Signature Printed Name: Title: Date: E207 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (Esri) By: Authorized Signature Printed Name: Title: Date: Page 6 of 25A-10 10/22/2014 Exhibit B '7� ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 05/13/2015 To: 08/11/2015 Quotation # 20469116 Date: May 13, 2015 Customer # 304762 Contract # City of Santa Ana Public Works Agency 20 Civic Center Piz Santa Ana, CA 92701 ATTENTION: Trevor Burgan PHONE: 714-647-5657 FAX: 714-245-8090 Material Qty Description Unit Price Total 126960 50 Esri Training Pass per Day 50 Days or Greater per Year One Year Term 510.00 25,500.00 Item Total: 25,500.00 Subtotal: 25,500.00 Sales Tax: 0.00 Estimated Shipping & Handling(Surface Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $25,500.00 This Training Pass will provide 90 days of training for use over a 12 month period from the order date. These training days may be used for Esri instructor -led training, Coaching Services and Virtual Campus Annual User Licenses. When you provide your payment information, the Customer Service Representative will request that you appoint a Training Pass Administrator. Detailed information about the Training Pass and Training Pass Administrator duties can be found at http://www.esri.com/trainingpass. If you have any questions, please contact Diane Wagner (dwagner@esri.com) Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Diane Wagner Email: dwagner(a),esri.com Phone: (909) 793-2853 x6271 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri s GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esrrs products and services. If sending remittance, please address 54630, Los Angeles, Ca 90074-4630 WAGNERD This offer is limited to the terms anfttf it4on$ irlborporated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 380 New York Street Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 05/13/2015 To: 08/11/2015 Quotation # 20469116 Date: May 13, 2015 Customer # 304762 Contract # City of Santa Ana Public Works Agency 20 Civic Center PIZ Santa Ana, CA 92701 ATTENTION: Trevor Burgan PHONE: 714-647-5657 FAX: 714-245-8090 If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Esri contract numbers) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ , PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: _ I agree to pay any applicable sales tax. _ I am tax exempt, please contact me if exempt information is not currently on file with Esri Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri). Any estimated sales anal use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adl ust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's text ng authority for the given jurisdiction. Earl may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. questions contact: Diane Wagner Email: dwagnerna esri com Phone: (909) 793-2853 x6271 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 900744630 WAGNERD This offer is limited to the terms aid 0*11kf6risAcorporated and attached herein. EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1, The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative 254-13 25A-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT WITH NEWPORT BEACH FOR AN ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (STRATEGIC PLAN NO. 5, 1) CITY MANAgR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO _I'JI�IRu�TeTd:7 Approve a Memorandum of Understanding agreement with the City of Newport Beach for an Analysis of Impediments to Fair Housing Choice in the amount not to exceed $39,463, which includes a $10,000 contingency, for the term of June 16, 2015 through May 31, 2016, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana participates in a Consolidated Plan process to receive Community Development Block Grant (CDBG), HOME Investment Partnership Grant (HOME), and Emergency Solutions Grant (ESG) funding form the U.S. Department of Housing and Urban Development (HUD). HUD Consolidated Plan regulations require that grantees conduct an Analysis of Impediments to Fair Housing Choice ("Al"), take appropriate actions to overcome the effects of impediments identified through that analysis, and maintain records reflecting the analysis and actions. An AI is a document that analyzes local and regional housing discrimination, and addresses actions that may be taken to overcome these discriminatory housing policies and practices. In an effort to minimize costs, the City participated in a transparent Request for Proposals (RFP) process for the development of a regional AI to satisfy HUD requirements, along with fifteen other Orange County cities that receive HUD funding. The cost of the regional At is based on the population of each participating City, determined by the California Department of Finance data. The RFP was developed and reviewed by all cities and released by the City of Newport Beach. Two qualified proposals were received by the April 3, 2015 deadline. A rating team comprised of staff representing the cities of Santa Ana, Anaheim, Newport Beach, Huntington Beach, Costa Mesa, Mission Viejo and Rancho Santa Margarita rated the proposals, interviewed consultants, and selected the most qualified consultant for the task. GRC Associates was selected due to their experience in working with and coordinating multiple jurisdictions to develop a regional Al. 25B-1 Agreement with the City of Newport Beach for an Analysis of Impediments June 16, 2015 Page 2 In an effort to facilitate the contracting process with GRC Associates, the City of Newport Beach has taken the role as the lead agency that will enter into an agreement with GRC Associates. The participating cities will then enter into Memorandum of Understanding agreements (MOU) with the City of Newport Beach to pay for their portion of the cost. The total cost for the regional Al is $186,000 and the cost per participating cities was determined by the 2014 California Department of Finance Population Estimate. The participating cities includes: Anaheim, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, Lake Forest, Mission Viejo, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, and Tustin. Approval of this MOU with the City of Newport Beach will allow for the preparation of the AI as required by HUD. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #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 Funding for this item is available in the Community Development Block Grant Payment to Other Agencies Account (No. 13518780-69142) for fiscal year 2014-15 in the amount of $29,463. If contingency funding is necessary for project completion, funding for fiscal year 2015-16 in the amount of $10,000 will be budgeted and made available in the Community Development Block Grant Payment to Other Agencies Account (No. 13518780-69142). APPROVED AS TO FUNDS AND ACCOUNTS: C ,L'N �Se c � Kelly Reeers Francisco Gutierrez rv/ Executive irector Executive Director o Community Development Agency Finance and Management Services Agency KR/NV/SV/sb Exhibit: 1. MOU Agreement with the City of Newport Beach 25B-2 MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE CITY OF SANTA ANA THiS MEMORANDUM OF UNDERSTANDING AND PAYMENT AGREEMENT ("Agreement") Is made on this 15th day of June, 2015, ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city, located at 100 Civic Center Drive, Newport Beach, California 92550 ("City") and the CITY OF SANTA ANA, a California municipal corporation and charter city, 20 Civic Center Plaza, Santa Ana, California 92701 ("Payor"). RECITALS A. The City and Payor desire to jointly engage GRC ASSOCIATES, INC., ("Consultant") to provide a regional analysis of Impediments to Fair Housing Choice and Five (5) Year Fair Housing Action Plan ("Project"). A copy of the May 19, 2015 Professional Services Agreement with Consultant describing the "Work" or "Services" to be performed for the City and Payor shall be attached as Exhibit A to this Agreement, and incorporated herein by reference, once fully executed, B. Besides City, the Project shall serve to benefit the following California cities, each of whom shall reimburse City for City's direct payment to Consultant, according to the terms contained herein: Anaheim, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, Lake Forest, Mission Viejo, Orange, Rancho Santa Margarita, San Clemente, Santa Ana, and Tustin. C. City shall make direct payments to Consultant upon the Payor's behalf, based upon Payor's respective 2014 population estimate, as more specifically described in Exhibit B to this Agreement, and incorporated herein by reference. NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, the City and Payor mutually agree as follows: IF0IT, 1.1 The term of this Agreement shall commence on the Effective Date and shall terminate on May 31, 2015, unless terminated earlier or extended by written amendment to this Agreement. 1.2 The Project shall take place from June 9, 2015 to May 31, 2015 ("Project Period"), unless extended or reduced by City. 2. COMPENSATION TO CITY 2.1 Payor hereby agrees to their 2014 population estimate and respective payment to City of a percentage of the total cost of Consultant's Services based thereon, as Indicated on Exhibit B and incorporated herein by reference. 2.2 Payor shall make a single payment of Twenty Nine Thousand Four Hundred Sixty -Two Dollars and 671100 ($29,462.67) to City by no later than June 30, 2015. 2.3 The total amount of compensation shall Include a $10,000 contingency, for a total amount not to exceed Thirty Nine Thousand Four Hundred Sixty Two Dollars and 67/100 ($39,462.67). Any additional costs Incurred by City beyond the initial compensation shall be based upon the 2014 population estimate attached hereto as Exhibit B. In addition, any Extra Work, as defined in the Professional Services Agreement attached hereto as Exhibit A, that would require the use of such contingency funds must be approved by the Payor's Executive Director of the Community Development Agency, or his or her designee, before said Extra Work is commenced and such costs are incurred by the City. No portion of the contingency will be paid by Payor to City without such prior authorization by the Payor for Extra Work. 3. CONTRACT ADMINISTRATION Unless otherwise designated in writing, City's Principal Planner, Community Development Department, shall serve as the City's Project Administrator for the payments made under this Agreement. All activities performed under this Agreement shall be coordinated with this person or his/her designee. 4. STANDARD PROVISIONS 4.1 Recitals. City and Payor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 4.2 Compliance with all Laws. Payor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 4.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 4.4 Interpretation, The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 4.5 Amendments, This Agreement may be modified or amended only by a written document executed by both Payor and City and approved as to form by the City Attorney. City of Santa Ana Page 2 25B-4 4.6 Severability.. If any term or portion of this Agreement is held to be invalid, Illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 4.7 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to It and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 4.8 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevalling party shall not be entitled to attorneys' fees. 4.9 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. City of Santa Ana [SIGNATURES ON NEXT PAGE] 25B-5 Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S-OFFIC a Aaron C.Harl) cAm o(4mitr City Attorney ATTEST: Date: By: Lellani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kimberly Brandt, AICD Community Development Director PAYOR: Santa Ana, a California municipal corporation and charter city David Cavazos City Manager ATTEST: Date: By: Marla D. Hulzar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Att y Date: 7�1 1 S - By: ' Ryan RECOMMENDED FOR APPROVAL: Date: By: Kelly Reenders Executive Director, Community Development Agency City of Santa Ana Page 4 ATTACHMENT: Exhibit A: GIRC Associates, Inc. Professional Services Agreement Exhibit E: 2014 City Population Estimate Table City of Santa Ana Page 5 25B-7 EXHIBIT A GRC Associates, Inc. Professional Services Agreement City of Santa Ana Page A-1 PROFESSIONAL SERVICES AGREEMENT WITH GRC ASSOCIATES, INC. FOR REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE AND FIVE YEAR FAIR HOUSING ACTION PLAN THIS PROFESSIONAL SERVICES AGREEMENT (°Agreement°) is made and entered Into as of this 19th day of May, 2015 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GRC ASSOCIATES, INC., a California corporation ("Consultant"), whose address is 658 Oak Park Road, Suite 290, Covina, California 91724, and is made with reference to the following; RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide a regional analysis of impediments to Fair Housing Choice and Five (5) Year Fair Housing Action Plan ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement, NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows; 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on May 31, 2016, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described In the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule 25B-9 included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion In a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3,3 Consultant shall submit all requests for extensions of time for performance In writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsuitant fees, shall not exceed One Hundred Eighty Six Thousand Dollars and 001100 ($186,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City, 4.2 City shall pay Consultant according to the following progress payment schedule; 4,2.1 Forty percent (40%) of the total cost shall be paid to Consultant within thirty (30) days upon submission of both an invoice for the Work or Services performed, and a complete draft Multi -Jurisdictional Analysis of Impediments to Fair Housing Choice for review by the participating jurisdictions. 4.2.2 Twenty percent (20%) of the total cost shall be paid to Consultant within thirty (30) days upon submission of both an Invoice for the Work or Services performed, and a complete draft of the Five (5) -year Fair Housing Action Plan for review by the participating jurisdictions. 4.2.3 Thirty percent (30%) of the total cost shall be paid to Consultant within thirty (30) days upon submission of both an invoice for the Work or Services performed, and a complete final draft of the Regional Analysis of Impediments Five (5)- G RC Associates, Inc. Page 2 25B-10 year Fair Housing Action Plan to HUD for review and approval after approval of the documents by participating jurisdictions. 4.2.4 Ten percent (10%) of the within thirty (30) days upon submission of. performed, and HUD's determination that Impediments to Fair Housing Choice and the meets or exceeds current HUD requirements Issued by HUD. total cost shall be paid to Consultant an invoice for the Work or Services the Multi -Jurisdictional Analysis of 9ve (5) -year Fair Housing Action Plan and the Fair Housing Planning Guide 4.3 Consultant shall submit invoices to City according to the milestones listed In Section 4.2, and invoices shall describe the Work performed in the preceding time period. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. 4.4 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or speciflcally approved in writing in advance by City. 4.5 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not Included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project, This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated John Oshimo to be Its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. GRC Associates, Inc. ~— Page 3 25B-11 5.3 If Consultant is performing Inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. u[.IE--' • This Agreement will be administered by the Community Development Department, Planning Division. City's Principal Planner or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CtTY°S RESPONSIBILiTIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide ail such materials In a timely manner so as not to cause delays in Consultant's Work schedule. J01E11ll? , • 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely Information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. GRC Associates, Ino. Page 4 25B-12 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (Including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (Individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant, Its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or Indirectly by any of them or for whose acts they may be liable, or any or all of them). 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This Indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an Independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall. be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. GRCAssociates, Inc. W� Page 5 25B-13 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the Issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture, 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary GRC Associates, Inc. Page 6 25B-14 of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City, 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of Implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in Its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password Information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. GRC Associates, Inc. page j 25B-15 Consultant shall keep records and Invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and Invoices shall be clearly Identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and Invoices during regular business hours. 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 to Consultant under this Agreement. 21. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment, Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an Immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing In this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 24. CONFLICTS OF INTEREST 241 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating In making, decisions that will foreseeably financially affect such interest. GRC Associates, Inc. Page 8 25B-16 24.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 28. NOTICES 25.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mall, postage prepaid, first- class mail, addressed as hereinafter provided. 25.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: James Campbell, Principal Planner Community Development Department, Planning Division City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: John N. Oshimo GRC Associates, Inc. 858 Oak Park Road, Suite 280 Covina, CA 91724 26. CLAIMS Unless a shorter time is specified elsewhere In this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 of seq.). GRC Associates, Inc. _ Page 9 25B-17 27. TERMINATION 27.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default isnot cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 27.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. in the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid, On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft orfinal form, 28. STANDARD PROVISIONS 28.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference Into this Agreement. 28.2 C_o_moliance with all laws. Consultant shall, at Its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terns of this Agreement shall govern. GRC Associates, Inc. Page 10 25B-18 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement Is held to be Invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction In the County of Orange, State of California. 28.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts, This Agreement may be executed in two (2) or more counterparts,.each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] GRC Associates, Inc. Page '11 25B-19 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation _._ fit &ln /- <f �) By: Aaron C. Ha -Fr Edward D. Selich City Attorney Mayor ATTEST: CONSULTANT: GRC Associates, Inc., a Date: California corporation Date: Leilani 1. Brown John Oshimo City Clerk President/Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements GRC Associates, Inc. Page 12 25B-20 ION CRC Associates, Inc.-- Page A-1 25B-21 For the City of Newport Beach Regional Analysis of Impedifnents Fair Housing Choice and Five-, Year Fair Housing Action Plan April,3, 2015 j GRC Associates, Inc. 858 5 Oak Park Road, Suite 280 Covina, CA 917214 25B-22 rcassociates Project Title: REGIONAL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE AND 5 -YEAR FAIR HOUSING ACTION PLAN Firms: GRC Associates, Inc, 858 Oak Park Road, Suite 280 Covina, CA 91724 Te I : 626.331.6373/Fax: 626.331.6375 Karen Warner Associates, Inc. 882 N, Holliston Ave. Pasadena, CA 91104 Tel: 626.791.5596 City of Newport Beach i Regional Aland 5 -Year Fair Housing Action Plan 25B-23 cassociates A. STATEMENT OF QUALIFICATIONS GRC Associates, Inc. Legal Name: GRC Associates, Inc., a California corporation Office Location: 858 Oak Park Road, Ste. 280 Covina, California 91724 Tel: 626, 331.6373/Fax: 62 6.331.6375 j2dt1MQ@2rcassoc.com Contact Person: John N. Oshimo, President GRC Associates, Inc, (GRC), a California corporation, is a multi -disciplinary planning firm that has provided professional consulting services to more than 60 cities and public agencies in California for the last 30 years. GRC's office is located in the City of Covina, California and has a staff of four with experience in CDBG and HOME -funded programs. GRC is distinguished by Its experience and expertise in all facets of the planning process, from comprehensive, long-range community planning to the development and implementation of specific programs and projects. The firm has prepared General Plan updates, in particular, Housing Elements for numerous cities in California. In addition, GRC has prepared a Five -Year Consolidated Plan, Annual Action Plan and Analysis of Impediments to Fair Housing Choice (AI). Additionally, GRC has helped five southern California cities implement CDBG and/or HOME. housing rehabilitation programs by assisting applicants through the loan/grant application and construction process, while working closely with the City's housing coordinators. Currently, GRC is preparing the City of Bakersfield's Five -Year ConPlan, Action Plan, Citizen Participation Plan and Al, Karefl Warner Associates Karen Warner Associates, Inc. (KWA) specializes in providing housing policy consulting services to municipal clients. Ms. Warner offers over twenty-five years of experience in preparing a wide range of housing studies including Housing Elements, Consolidated Plans, Analysis of Impediments to Fair Housing Choice (AI), needs assessments, affordable housing strategies, and inclusionary housing studies. She has been Involved in preparing over a dozen Als, including for the cities of Burbank, Glendora, Huntington Park, Santa Clarita and Santa Monica, and for the City of Bakersfield which received a "best practices" accommodation from HUD. Ms. Warner Is very familiar with Orange County's housing activities, having prepared the City's Affordable Housing Strategy, Consolidated Plan, Analysis of Impediments to Fair Housing Choice, Housing Element and Redevelopment Housing Implementation Plan, as well as maintaining responsibility for oversight of the City's CDBG and HOME programs. Clty of Newport Beach i , ,,rin I enw s Y,sa, Fob Ho, s n, /Isla, r'tm% Page i 25B-24 0 associates f601#T4141T#1! i The GRC/KWA Team proposes to prepare the Regional Analysis of Impediments to Fair Housing Choice (AI) which includes 16 jurisdictions in Orange County. The proposed Regional Al will include analyses, findings and actions to address potential Impediment to fair housing at the regional and local levels. Project Management Scheduling. At the Irick -off meeting with City staff, GRC will prepare a detailed work plan that describes the scope of work and highlight the key deliverables and milestones for the preparation, adoption and HUD approval of AI. This schedule will identify the submittal dates of all preliminary draft (City staff review copies), draft and final products, community meetings, public review periods, study sessions and public hearings. Prior to the kick-off meeting, GRC will prepare a list of City documents and Information needed for this project. Staff Meetings. To ensure efficient coordination with City staff and a continuous flow of information, GRC will meet with City staff at least once every month, or more frequently as needed to ensure that the time schedule is met, GRC will immediately notify the City of any unanticipated changes to the scope of work resulting from new HUD requirements or significant public comments. Only with written City approval will GRC change the scope. Public Participation GRC, along with City staff, will conduct five (5) subregional shared community meetings. These community meetings will Include: 1) northern participating cities in Orange County; 2) central cities; 3) western cities; 4) southern cities; and 5) the City of Santa Ana. These meetings will provide the residents, businesses and service providers the opportunity to gain awareness of fair housing laws, and for residents and service agencies to share fair housing issues and concerns. All notices, handout materials and presentations will be prepared by GRC. GRC will send invitation letters to all 16 participating cities, public agencies and service providers, lending institutions, and real estate companies, but especially to those agencies and organization that serve the low/moderate-income and special needs communities, The community meetings will be conducted in English and Spanish by the GRC team and all materials will be available In both languages. Vietnamese translation will be made available at meetings, if necessary. In addition, workshop notices will be published in the local paper and posted on the city websites. City of Newport Bench / Regional Al and 5 -year Fair Housing Action Plan Page 6 25B-25 To supplement the community meetings and to assist in further understanding the fair housing Issues of each city, a fair housing survey in English, Spanish and Vietnamese will be available to residents, businesses and public agencies in Orange County. The survey will be online on each participating city's website and available in hardcopy. GRC will design the fair housing survey using SurveyMonkeyO. Analysis of Impediments to MWAMM MOM The goal of the Analysis of Impediments to Fair Housing Choice is to conduct a comprehensive examination of the region and each of the 16 cities for the purpose of comparison. The team will examine each city's ability to provide its residents fair housing choices regardless of race, color, religion, sex, disability, familial status or national origin. The Al development process will include the following tasks: A. Regional and Local Profiles The GRC team will collect, analyze and prepare a descriptive profile -of the region and the participating cities, The profile will include demographic, socioeconomic and housing characteristics, trends and projections. The descriptive profiles will include tables, charts and GIS maps. In addition, this task will Involve: Review of the current Regional Al and Als of the four additional cities; Review of recent Consolidated Plans and Housing Elements; Census information analysis, especially the most recent American Community Survey (ACS) data, In order to have consistency of information, the same data sources will be used for comparison purposes; Use of the HUD CPD mapping tool to analyze and 'illustrate geographic patterns and relationships. The following maps will be prepared and included In the Al's Appendices. ✓ Racial/ethnic concentrations ✓ Low/Moderate income concentrations ✓ Senior households ✓ Family households ✓ Location of public housing ✓ Owner/renter households ✓ Care facilities in relation to Low/Mod areas ✓ Public transit network Describe public housing programs available to low/moderate income residents -- Section 8 Housing Choice Voucher program and Public Housing City of Newport Beach / Regional At antl5-Year Fair Flousing Action Plot) Page 7 25B-26 l..,r associates program and other community-based programs (emergency shelters, transitional and supportive housing) Describe the rental and ownership housing market. Describe the existing and proposed public transit system within each city and the connection to the regional system. B. Mortgage Lending Practices The Team will analyze and describe the lending policies, requirements and practices of financial institutions and the access to home loans for ethnic minorities of all income groups. Review Home Mortgage Disclosure Act (NMDA) data, including FHA/VA loans, conventional home purchase loans, housing refinance loans and home Improvement loans. For each city and the regional as a whole, the following examples of HMDA data will be analyzed. The analysis will be conducted to highlight the frequency and type of loans requested, the approval and denial rates by racial/ethnic groups and by geographic area (census tract level): 1, Disposition of Conventional Home Purchase Loan Applications by Race/ Ethnicity of Applicant 2. Approval/Denial Rates for Conventional Home Purchase Loans by Race/ Ethnicity and Income of Applicant 3. Disposition of Conventional Home Purchase Loan Applications by Top Ten Lending Institutions 4. Comparison of Conventional and Government•Backed Home Purchase Loan Applications S. Comparison of Conventional Home Purchase Loan Applications by Census Tract 6. Disposition of Conventional Home improvement Loan Applications by Race/ Ethnicity of Applicant 7. Approval/Denial Rates for Conventional Home Improvement Loans by Race/ Ethnicity and Income of Applicant B. Comparison of Conventional and Government -Backed Home Improvement Loan Applications 9. Trends of Conventional Mortgage Refinancing Applications by Race of Applicant Lending activity and loan approvals and denials by census tracts will be mapped using GIS. Analyze the bank lending practices, and compile data indicating the frequency and amount of those financial institutions' lending in Orange County over the last five-year period. City of Newport Beach j Regional Al and .5 -Year Fair Housing Action Plan Page Q 25B-27 A • Conclude whether there are any impediments to fair housing choice found in the programs and practices of private lending Institutions and real estate brokers. C. Public Policies and Practices This section will present the various public policies that could influence fair housing choices In each city. After reviewing the General Plan, zoning ordinances, Consolidated Plan and Housing Element of each city, the team will evaluate the potential Impediments to fair housing choice and affordable housing development. Housing Element policies and housing and land use -related policies identified In other elements of the a city's General Plan. All policies should advance the goals of the Civil Rights Act of 1964 and the Fair Housing Act. • Review and assess other barriers for fair housing, including administrative policies affecting housing activities or community development resources for areas of minority concentration and for persons with disabilities. Review and assess planning and development approval process, including the length of time required, fees and CEO,A, • Community representation on planning and zoning boards and commissions. D. Pair Housing Practices • Discuss fair housing practices in the homeownership and rental housing market. Analyze information on discrimination cases, complaints, findings and actions provided by fair housing services. Information may be obtained from the State Department of Fair Employment and Housing, the federal Fair Housing Enforcement Center, and the City's current fair housing service provider. • Examine fair housing services and the level of outreach available for each city and its residents. • Interview each city's fair housing service provider and the Orange County Housing Authority to assess additional steps being taken to promote Fair housing choice, especially Section 8 tenants. E. Action Plan The Action Plan includes a summary of conclusions and findings of potential impediments in each city and the region as a whole. The Action Plan also reviews the progress in implementing action programs Identified in the previous Regional Al and the AI's of the four additional cities. Finally, the Action Plan will identify recommendations and implementation programs to address the impediment finds. The Action Plan will include; • Summary of the common problems and barriers to fair housing found in the regional (all 16 cities) and conclusions and Impediments identified for specific City of Newport Beach I Regional Al and 5 -Year fair Noosing Action Non Page 9 25B-28 Cassociates cities. This may include racial/ethnic and income concentrations, housing affordability and public transit accessibility, housing conditions, access to home financing, and fair housing complaints. • Evaluate the effectiveness of previous AI actions in eliminating impediments to fair housing. A matrix will be prepared that identifies the previous Impediments, previous proposed action, current status (whether the action was implemented and its effectiveness) and a recommendation to carry it forward to this Al. • Finally, the Action Plan will highlight housing impediments identified in this Regional Al, and propose actions and a timeframe for implementation. The proposed actions will be region -wide (all 16 cities) and some will be specific to a city or groups of cities. • Appendix, including all contacts, forum participants, survey sample and tabulation report from the City's fair housing service provider over the last five years, as well as letters from various state and federal agencies. City of Newport Beach /Regional Aland 5 -Year Fair• Housing Action Plan Page 10 25B-29 cassociates This project schedule assumes the project will start on May 1, 2015, with completion in September 2015 (five month process). 5 Community Meetings Regional and Local Profiles Mortgage Lending Practices Public Policies and Practices Fair Housing Practices Action Plan Public Hearings Analysis of Impediments Schedule I All within the month of John Oshimo June 2015 i Robert Vasquez Karen Warner t May and June i John Oshimo Robert Vasquez May and June Robert Vasquez June and July Oshimo I June and July„ -John Vasquez July and August .Robert John Oshimo Karen Warner September John Oshimo City of Newport Beach (n r'> ' s ulio <<A�Non ^r,r Page 1.1 25B-30 9(Los associates D. BUDGET GRC's proposed budget, which Includes project management, public participation, and the preparation of the Al, is a not to exceed amount of $186,000. PROJECT COSTS Any additional services outside the scope of work will be first approved by the City and will be billed on a time and materia! basis. Direct costs far additional services outside the not -to -exceed amount will be billed at our cost plus 20%. Direct costs include printing of documents, purchase of project -related materials, mileage, postage and related costs. City of Newport Beach i'c,q,un, i, - r _,(' H""r ")q",'i:riNirn Page 12 25B-31 Project Management $12,600 Public Participation $12,700 Regional and Local Profiles $7.1,100 Mortgage Lending Practices $58,400 Public Policies and Practices $17,100 Pair Housing Practices $25,500 Action Plan $37,100 Direct Cost $1,500 TOTAL BUDGET $186,000 Any additional services outside the scope of work will be first approved by the City and will be billed on a time and materia! basis. Direct costs far additional services outside the not -to -exceed amount will be billed at our cost plus 20%. Direct costs include printing of documents, purchase of project -related materials, mileage, postage and related costs. City of Newport Beach i'c,q,un, i, - r _,(' H""r ")q",'i:riNirn Page 12 25B-31 GRC Proposal -- Cost Budget Regional Analysis of Impediments & 5 -Year Fair Housing Action Plan Orange County Entitlement Jurisdictions-16-Clties pully Burdened Hourly Sub Task Staff Hours Rate Total Total Project Management Direct Costs $ 1,500 Grand Total 1,465 $ 186,000 25B-32 J. oshimo 40 UD 5,600 K. Warner 24 140 3,360 R. G. Vasquez 24 125 3,000 L. Mendez 4 100 400 8. Soledad 4 60 240 Sub -Total 96 $ 12,600 Public Participation J. oshimo 35 140 4,900 K. Warner 20 140 2,800 R. G, Vasquez 35 125 4,375 L, Mendez 4 100 400 6.5oledad 4 60 240 Sub -Total 98 $ 12,700 Regional and Local Profiles J. oshlmo 60 140 8,400 K. Warner 8 140 1,120 R. G. Vasquez 45 125 5,625 L. Mendez 45 IN 4,500 B. Soledad 24 60 1,440 Sub -Total 182 $ 21,100 Mortgage Lending Practices 1.0shlnlo 80 140 11,200 K. Warner 24 140 3,360 R. G. Vasquez $20 125 40,000 L. Mendez 24 100 2,400 B. Soledad 24 60 1,440 Sub -Total 472 $ 58,400 Public Policies and Practices J. Oshlmo 75 140 10,500 K. Warner 12 140 1,680 R, G. Vasquez 20 - 125 2,500 L, Mendez 12 100 1,200 8, Suledad 20 60 1,200 Sub -Total 139 $ 17,100 Falr Housing Practices ' J. Oshlnno 100 140 14,000 K. Warner 40 140 5,600 R. G. Vasquez 20 125 2,500 L. Mendez 20 100 2,000 B. Soledad 24 60 1,440 Sub -Total 204 $ 25,500 Action Plan J. Oshlrno 100 140 14,000 K. Warner 80 140 11,200 R. G. Vasquez 60 125 7,500 L Mendez 30 100 3,000 Direct Costs $ 1,500 Grand Total 1,465 $ 186,000 25B-32 EXHIBIT B SCHEDULE OF BILLING RATES GRC Associates, Inc. Page B-1 25B-33 Exhibit Project Team Hourly Rates GRC Associates, Inc John N.Oshinno $140 Robert G. Vasquez $125 Bernadette Soledad $60 Karen Warner Associates, Inc. Karen Warner $140 Lorraine Mendes. and Associates Lorraine Mendez $100 City of Newport Beath) P? cpowd AI pad "I Y -m ! ;,, A, No,I Pion Exhibit B 25B-34 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Provision of Insurance. Without limiting Consultant's Indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance In the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager, 3. Coverage Requirements. A. Workers' Compensation insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident 'For bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Consultant shall maintain commercial general liability Insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as insurance Services Office form CA 00 01 covering bodily Injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. GRC Associates, Inc. _ wJ Page C-1 25B-35 4. Other Insurance Requirements, The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or against City, Its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing Insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not Including professional liability, shall provide or be endorsed to provide that City and Its officers, officials, employees, and agents shall be Included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation, All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5, Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of Insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements, City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform GRC Associates, Inc. Page C-2 25B-36 Consultant of non-compliance with any requirement imposes no additional obligations on City nor does It waive any rights hereunder, D. Requirements not Limiting. Requirements of specific coverage features or limits contained In this Section are__not intended _as_a limitation on - - - ........ coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature Is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. if the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractors performance under this Contract, and that Involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of Insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. GRC Associates, Inc. —�——_.__--.--- Page 77 25B-37 City of Newport Beach FINANCIAL DISCLOSURE FOR CONSULTANTS A Public Document DATE: Way 26, 2015 CONSULTANT NAME: (John Oshimo, President COMPANY NAME: IGRC Associates, Inc. CONSULTANT ADDRESS: 1858 Oak Park Road, Suite 280, Covina, CA 91724 Print Form Reset Form DESCRIPTION OF DUTIES: Professional services for the preparation of a multi -jurisdictional analysis of impediments to (attach separate page if fair housing choice and five-year housing action plan consistent with HUD requirements for more space required) 16 Orange County jurisdictions DEFINITION: Consultants, as defined by Section 18701 ofthe Regulations ofthe Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations, are required to file Statements of Economic Interest, The answers to the following questionnaire will help to determine whetherthe scope of duties to be performed includes the making or participating in the making of governmental decisions which may foreseeably have a material effect on the consultant's own financial interests. A. Will consultant make governmental decislons whether to: 25B-38 A0 opt, or grant agency approval of policies, standards, or C" YES guidelines for the agency, or for any subdivision thereof? C• NO making a governmental decision as defined in Regulation 18702.2 or performs C YES the same or substantially all the same duties for the agency that would other- (C NO wise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Section 87302. DISCLOSURE DETERMINATION [Check one): If you answered "yes" to any of the above, the consultant Is considered a "Consultant" pursuant to the Political Reform Act and must file Statements of Economic Interest. f Consultant is performing a specialized or general service for the city, and there is a substantial likelihood that the Consultant's work product wl II be presented, either written or orally, for the purpose of influencing a governmental decision. Asa result, Consultant shall be subject to Disclosure Category "1"of the City's Conflict of Interest Code. If you answered "no" to all of the above, the consultant does not have to file Statements of Economic Interest. {; Consultant is exempted from any disclosure requirement because Consultant does not meet the definition of"Consultant" under the Political Reform Actor due to the extremely limited scope of duties under this contract. Department Director Signature (required) Date Signed: May 26, 2015 25B-39 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist Is comprised of requirements as outlined by the City of Newport Beach.' Date Received; 1/29/15 Dept./Contact Received From: Terresa Date Completed: 1/29/15 Sent to; Teresa By: Chris Company/Person required to have certificate: GRC Associates Iuc Type of contract: All Others GENERAL LIABILITY PRIMARY & NON-CONTRIBUTORY WORDING (Must be EFFECTIVE/EXPIRATION DATE: 12/1/14-12/1/15 A. INSURANCE COMPANY: Travelers Property$ Casualty Insurance Company B. AM BEST RATING (A-: VII or greater): A+:XV C. ADMITTED Company (Must be California Admitted): W Is Company admitted In California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT—please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must EFFECTIVE/EXPIRATION DATE: 12/1/14-12/1/15 Include); Is It included? (completed Operations statue does A. INSURANCE COMPANY: RLIlnsurance Company not apply to Waste Haulers or Recreation) Z Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND C. ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Is Company admitted In California? Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City UM, $2M min for Waste Haulers); What is limits provided? its officers, officials, employees and volunteers): Is it E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) included? 9 Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be Included): Is it Included? 0 Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement Include "solely by negligence" wording? ❑ Yes Z No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): NIA ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA ® Yes ❑ No IT. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 12/1/14-12/1/15 A. INSURANCE COMPANY: RLIlnsurance Company B. AM BESTRATING (A -: VII orgreater) A++:XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted In California? ZZI Yes ❑ No D, LIMITS - If Employees (Must be $1M min. BI & PO and $500,000 UM, $2M min for Waste Haulers); What is limits provided? 1,0001000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) NIA F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): Z N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ NIA 0 Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No 25B-40 III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/1/14-11/1/15 A. INSURANCE COMPANY: Travelers Property and Casual B, AM BEST RATING (A-: VII or greater): A+:XI C. ADMITTED Company (Must be California Admitted): Yes []No D, WORKERS' COMPENSATION LIMIT: Statutory ElYes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) F. WAIVER OF SUBROGATION (To include): is it inoluded? G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: H. NOTICE OF CANCELLATION: ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED rV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: ea Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 1/29/15 Date 1,000,000 ® Yes ❑ No ® NIA ❑ Yes ❑ No ❑ N/A 0 Yes ❑ No ❑ NIA ® Yes ❑ No ® NIA ❑ Yes ❑ No OEM ffill�m 11 - :- ■ �. RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $` ) ❑ NIA ❑ Yes ❑ No Reason for Risk Management approvailexception/waiver: Approved; Risk Management Date * Subject to the terms of the contract. 25B-41 EXHIBIT B 2014 Population Estimate Table City of Santa Ana Page B-1 25B-42 Population source: htt o://www.dof.ca.aov/research/demojzrai)h is/repo its/esti matese-5(2011-20/view.php 25B-43 Entitlement Cities County !City - 2014 Population Percent of Total Estimate GRC Proposal 180 660 .. Anahe m 348,305 16.6% 30,914.00 Buena Park 82,344 3.9% $ 7,308.49 Costa Mesa 111,846 5.3% $ 9,926.95 Fountain Valley 56,702 2.73/o $ 5,032.62 Fullerton 140,131 6.7% $ 12,437.40 Garden Grove 173,953 8.3% 15,439.29 untington Beach 195,999 9.4% $ 17,396.00 La Habra 61,717 2.9% $ 5,477.73 Lake Forest 79,139 3.8% $ 7,024.02 Mission Viejo 95,334 4.56/o--$'-8,461.42 Newport Beach 86,874 4.1% $ 7,710,55 Orange 139,279 6.6% $ 12,361.78 Rancho Santa Margarita 48,834 2.3% 4,334.29 San Clemente 64,874 37% $ 5,757.93 Santa Ana 331,953 1518% T 29,462.67 Tustin 78,360 3.7010 6,954.88 Total Participating 2,095 644 100% $ 186,000.00 Population source: htt o://www.dof.ca.aov/research/demojzrai)h is/repo its/esti matese-5(2011-20/view.php 25B-43 25B-44 q 4 O p REQUEST FOR COUNCIL !, CITY COUNCIL MEETING xIM",y,N r •CLERK OF COUNCIL JUNE 16, 2015 TITLE: APPROVED AGREEMENT WITH LEXIS NEXIS ❑ As Recommended FOR ONLINE SEARCHING SERVICES ❑ As Amended FOR USE IN LAW ENFORCMENT [I Ordinance on Reading El Ordinance on `� Reading INVESTIGATIONS (STRATEGIC ❑ Implementing Resolution PLAN NO. 1, 5) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAG Authorize the City Manager and Clerk of the Council to execute an agreement with LexisNexis Risk Solutions FL Inc., commencing February 1, 2015, for information services in an amount not to exceed $49,968, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Since July 2004, the Santa Ana Police Department has been using information provided by Lexis Nexis to investigate crime in the City. Beginning in May 2008, the Department began using the vendor's Accurint for Law Enforcement Plus system as a key investigative tool. This system aggregates data from various data sources to help investigators find individuals. Most recently, the City entered into an agreement (N-2014-109) with Lexis Nexis to provide access to their data via the Accurint for Law Enforcement Plus system. This agreement expired on January 31, 2015. The renewal of this agreement was delayed as staff considered adding new features and functionality, and worked through some contract issues. However, Lexis Nexis has allowed the Police Department to continue using the system since February 1. The Santa Ana Police Department wishes to enter into a new the agreement to continue using this tool. The terms of the agreement allow the Department to perform $8,328 worth of searches each month for a flat, monthly fee of $2,082. Over the two-year period of this agreement, this will total $49,968. The agreement term will run from February 1, 2015, through January 31, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). 25C-1 Lexis Nexis Agreement June 16, 2015 Page 2 FISCAL IMPACT Funds for this agreement are available in Police Department's Information Services contract services account (no. 01114425-62300) for fiscal year 2014-15 totaling $10,410. In addition funds for fiscal year 2015-16, upon Council approval of the proposed fiscal year 2015- 16 budget, and fiscal year 2016-17 are budgeted and will be made available in the amount of $24,984 (FY 2015-16) and $14,574 (FY 2016-17) respectively. } ? ��_ APPROVED AS TO FUNDS AND ACCOUNT: Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Police Department Finance and Mgmt. Services Agency TnA 25C-2 R SCHEDULE A Accurint for Law Enforcement Plus (Subscription) Agency (Customer) Name: City of Santa Ana Santa Ana Police Department Billgroup #: 1471730 LN Account Manager: Tiffany J. Esquino This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint for Law Enforcement Plus services ("LN Services"), as set forth in the services agreement between Customer and LN or LN's affiliate(s) for the LN Services ("Agreement"). to which this Schedule A is incorporated by reference, The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc. ("LN"). Customer acknowledges that the services provided under this Schedule A are non-FCRA services and are not "consumer reports" within the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to be characterized as "consumer reports". 1. SCHEDULE A TERM The term of this Schedule A will be 24 months beginning 02/01/2015 and ending 01/31/2017 (the "Term"). If an account Is activated after the first day of a calendar month, charges will not be pro -rated. 2. FEES 2.1 Minimum Payment: Customer shall pay to LN each month the Flat Rate Commitment of Two Thousand Eighty -Two Dollars (US $2,082.00) (the "Flat Rate Commitment"). If during any given calendar month Customer's actual monthly use of the applicable services ("Actual Use") exceeds Eight Thousand Three Hundred Twenty -Eight Dollars (US $8,328.00) (the "Cap"), LN reserves the right to renegotiate in good faith the amounts payable under this Schedule for any subsequent Renewal Term(s). During any 12 -month period ("Year") Customer will not be invoiced more than the amount of $25,000.00 for any services included in the Flat Rate Commitment. 2.2 Transactional Fees: The attached Price Schedule lists the currently available searches and reports ("Features"), as well as their respective prices ("Transactional Fees"). 2.3 User IDs: Customer shall be granted unlimited Accurint for Law Enforcement User ID's during the Initial Term and any Renewal Term. 2.4 Features not Included: The following Features are not included in the Flat Rate Commitment and shall in all cases be charged separately according to the pricing specified in the attached Price Schedule: Aerial Imaging, American Board of Medical Specialties Search, Bankruptcy Documents/Dockets, Businesses in the News, Canadian Phones, Comprehensive Healthcare Business Report, Comprehensive Healthcare Provider Report, Court Search Wizard, Delaware Corporation Search and Report, Dun and Bradstreet Search and Report, Mexico Docket Search, Mexico Professional License Search, MVR Reports (Driving Record), National Motor Vehicle Accident Search and Report, People in the News, Property Deed Image, Provider Sanction Search and Report, Provider Search and Report, Real Time Person Search, Satellite Image, Work Place Locator, XML and Belching Service. Features with Transactional Fees will be disabled when account is set up. Please contact your account manager at any point to have these features with Transactional Fees enabled. 3. EXPIRATION Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before 4/1712014. Page 1 of 11 203039.2v2 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-3 4,' JURISDICTION VENUE Notwithstanding, Section 11 of the LN Application and Agreement, 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 together with applicable federal law. 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. , AGREED TO AND ACCEPTED BY; City of Santa Ana Santa Ana Police Department Signed: _ Name: Title; _ Date; ATTEST; MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONI R,CARVALHOtJCltyAttorney Y. Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL; Carlos Rojas Chief of Police Page 2 of 11 CITY OF SANTA ANA David Cavazos City Manager LEXISNEXIS RISK SOLUTIONS FL INC, Customlzed Schedule A Accurintfor Law Enforcement Pius (Subscrlptlon - Plan 45) 25C-4 (Namo) (Title) 203039.2V2 Accurint for Law Enforcement PLUS (Plan 44) Pricing is per hit unless otherwise Indicated. All features with a price of $0.00 are considered "Standard Features" and are included in the Subscription plan. SCHEDULEPRICE . ACCURINT MAPPING (Charged per layer) $2.00 ADVANCED PERSON SEARCH $0.50 ADVANCED SEXUAL OFFENDER SEARCH $2.00 AERIAL IMAGING $3.00 BANKRUPTCIES, LIENS & JUDGMENTS SEARCH (Charged per search) $0.50 BANKRUPTCY SEARCH (Charged per search) $0.25 Bankruptcy Report $1.00 BASIC LOOKUP SEARCH (Directory Assistance) $0.10 BOOLEAN SEARCH $2.00 BUSINESS SEARCH $0.35 CASE AUDIT COMPLIANCE $0.00 CASE CONNECT DECONFLICTION ALERTS $0.00 CIVIL COURTS SEARCH - State (Report Included) (Charged per search) $0.25 CONCEALED WEAPONS PERMIT SEARCH $0.25 CORPORATE FILINGS SEARCH (Report included except in Delaware) $1.00 DEA CONTROLLED SUBSTANCES LICENSE SEARCH $0.25 DEATH RECORDS SEARCH (Charged per search) $0.25 Death Records Report (Charged per search) $1.00 CRIMINAL RECORDS SEARCH $1.00 CRIMINAL RECORDS REPORT $1.00 DRIVERS LICENSE SEARCH $0.75 E-MAIL SEARCH $0.40 FAA AIRCRAFT SEARCH (Report Included) $025 FAA CERTIFICATIONS SEARCH (Report Included) $0.25 FIREARMS & EXPLOSIVES LICENSE SEARCH $0.25 FORECLOSURES SEARCH (Report Included) $1.00 HUNTINGIFISHING LICENSE SEARCH $0.25 INTERNET DOMAIN NAME SEARCH $0.25 LIENS & JUDGMENTS SEARCH (Charged per search) $0.25 LINEUP $0.00 MARRIAGES I DIVORCES SEARCH $1.00 MEXICO DOCKET SEARCH (Charged per search) (Not discounted) $1.00 MEXICO PROFESSIONAL LICENSE SEARCH (Charged per search) (Not discounted) $1.00 MOTOR VEHICLES SEARCH $0.75 Motor Vehicles Report $1.00 MOTOR VEHICLES WILDCARD SEARCH $1.00 NATIONAL MOTOR VEHICLE ACCIDENT SEARCH & REPORT $3.00 NATIONAL UCC FILINGS SEARCH (Report Included) $1.00 OFFICIAL RECORDS SEARCH (Report Included) $0.25 Page 3 of 11 Customized Schedule A Acrurint for Law Enforcement Plus (Subscription - Plan 45) 25C-5 203039.2v2 PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS $5.00 PERSON ALERTS MONITORING (Monthly Monitoring Transactions Per Account) (Alerts charged at regular price) 1-50 $3.00 51-250 $15.00 251-500 $30.00 501 -1,000 $60.00 1,001 -5,000 $300.00 5,001 - 25,000 $1500.00 25,001 -100,000 $6000.00 PERSON SEARCH $0.35 PHONES PLUS SEARCH $0.50 PROFESSIONAL LICENSE SEARCH (Charged per search) $1.00 PROPERTY ASSESSMENT SEARCH $1.00 Property Assessment Report $1.00 PROPERTY DEED SEARCH $1.00 Property Deed Report (excluding Deed Image) $1.00 REAL TIME MOTOR VEHICLE REGISTRATIONS (Charged per search) $3.50 REAL TIME PHONE SEARCH $0.50 RELAVINT PLUS LINK ANALYSIS (Per Diagram) $2.00 REVERSE LOOKUP SEARCH (Reverse Directory) $0.10 SEXUAL OFFENDER SEARCH (Report Included) (Charged per search) $1.00 VIRTUAL IDENTITY SEARCH & REPORT $2.00 WATERCRAFT SEARCH $0.50 Watercraft Report $1.00 WORKPLACE LOCATOR (Not discounted) $3.50 ASSET REPORT: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings. $3,50 AUTOMATED VALUATION MODEL (AVM) REPORT $5.00 FINDER REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Phone Summary, Current Listed Phones, Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones at Historical Addresses, Bankruptcy Filings and Corporate Affiliations. RELATIVES, NEIGHBORS & ASSOCIATES REPORT $3.50 $2.00 COMPREHENSIVE ADDRESS REPORT (Base Report Features: Current and Previous Residents and Phones at Address $0.60 Additional Report Options: Bankruptcy (Charged per search) $1.00 Businesses at Address $0.25 Concealed Weapons Permit Search $0.25 Criminal Records Search (Charged per search) $1.00 Criminal Records Report $1.00 Driver Licenses at Address $0.75 Hunting/Fishing License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registered at Address $0.75 Neighborhood Profile (2010 Census) $0.50 Page 4 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-6 203039.2v2 Neighbors at Address $0.25 Property Ownership Current! Previous $1.00 Sexual Offenders Search (Report Included) (Charged per search) $1.00 COMPREHENSIVE BUSINESS REPORT (Base Report: Alternative Identities and Other Businesses at Address $0,50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged per search) $1.00 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 Internet Domain Names $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles $0.75 Properties $1.00 UCG Filings $0.50 CUSTOM COMPREHENSIVE REPORT (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education Comprehensive Report Summa $0.50 Additional Report Options: Associates $1.00 Bankruptcy (Charged per search) $1.00 Criminal Records (Charged per search) $1.00 DEA Controlled Substances License Search $0.25 Driver licenses Information $0.75 Email Search $0,40 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registration (Watercraft & Boat Trailers included) $0.75 National Motor Vehicle Accident Search & Report $3.00 Neighborhood Profile (2010 Census) $0.50 Neighbors (Up to 6 Neighbors at 10 Different Addresses) $0.25 People at Work $1.00 Phones Plus $0.50 Professional Licenses (Charged per search) $1.00 Property u $1.00 Relatives (Per Degree of Separation; Up to 3 Degrees)$1.00 Sexual Offenses (Charged per search) _ $1.00 Supplemental Data Sources (Charged per search) $1.00 UCC Filings $1.00 ONLINE,BATCH; BATCH PERSON SEARCH $0.50 _ BATCH TELEPHONE Page 5 of I Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-7 203039.2v2 Accurint for Law Enforcement (Plan 44) Pricing is per hit unless otherwise indicated All features with a price of $0.00 are considered "Standard Features" and are included in the Subscription plan. PRICE SCHEDULE FEATURE .r,'rs ,x„ MMMwv` rm A' '_<.PRICE*> c 'i ADVANCED PERSON SEARCH $0.50 AMERICAN BOARD OF MEDICAL SPECIALTIES SEARCH W00 ASSOCIATES ("NEXT STEPS") $1.00 BANKRUPTCY SEARCH (Charged per search) $0.25 Bankruptcy Report $1.00 Bankruptcy Dockets ($0.50 for first 5 pages & $0.20 per page thereafter) $0,50 Bankruptcy Documents (per page, up to max charge of $6 per document) $0.20 BANKRUPTCIES, LIENS & JUDGMENTS SEARCH (Charged per search) $0.50 BASIC LOOKUP SEARCH (Directory Assistance) $0.10 BOOLEAN SEARCH $2.00 BUSINESS CREDIT SEARCH $0.25 Business Credit Report $20,00 BUSINESS SEARCH $0.35 BUSINESSES IN THE NEWS SEARCH (Not discounted) $5.00 CANADIAN PHONES $0.40 CASE AUDIT COMPLIANCE $0.00 CASE CONNECT DECONFLICTION ALERTS $0.00 CIVIL COURTS SEARCH (Report Included) (Charged per search) $2.00 CLIA SEARCH $0.25 CONCEALED WEAPONS PERMIT SEARCH $0.25 CORPORATION FILINGS SEARCH (Report included except in Delaware) $1.00 COURT SEARCH WIZARD (Additional fees may apply; orders are non-refundable) (not discounted) County Civil Lower & Upper Court - 7 Year $35.00 County Civil Lower & Upper Court -10 Year $40.00 County Criminal - 7 Year $25.00 County Criminal -10 Year $30.00 Federal Division Civil - 7 Year $16.00 Federal Division Civil - 10 Year $25.00 Federal Division Criminal - 7 Year $16.00 Federal Division Criminal - 10 Year $26.00 Statewide Criminal $24.00 CREDIT (FCRA) $2.25 CREDIT REPORT (Employment Purpose only) - Single (FCRA) $6.00 CREDIT REPORT (Employment Purpose only) - BiMerge (FCRA) $12.00 CREDIT REPORT ffmployment Purpose only) - TriMerge (FCRA) $17.00 CRIMINAL RECORDS SEARCH (Charged per search) $1.00 Criminal Records Report $1.00 DEA CONTROLLED SUBSTANCES LICENSE SEARCH $0.25 DEATH RECORDS SEARCH (Charged per search) $0.25 Death Records Report $1.00 Page 6 of 11 Customized Schedule A Accurint for Lew Enforcement Plus (Subscription - Plan 45) 25C-8 203039.2v2 DELAWARE CORPORATION SEARCH (Not discounted) $1.00 Delaware Corporation Report (Not discounted) $11.00 DRIVER LICENSES SEARCH $0.75 DUN & BRADSTREET (D&B) SEARCH $0.25 Dun & Bradstreet (D&B) Report (Not discounted) $3.75 E-MAIL SEARCH $0.40 FAA AIRCRAFT SEARCH (Report included) $0.25 FAA PILOT SEARCH (Report Included) $0.25 FEDERAL FIREARMS & EXPLOSIVES LICENSE SEARCH $0.25 FEDERAL EMPLOYER ID NUMBERS (FEIN) $0.50 FICTITIOUS BUSINESS NAME SEARCH $0.50 FORECLOSURES SEARCH (Report Included) $1.00 HUNTING/FISHING LICENSE SEARCH $0.25 INTERNET DOMAIN NAME SEARCH $0.25 LIENS & JUDGMENTS SEARCH (Charged per search) $0.25 Liens & Judgments Report $1.00 MARRIAGES/DIVORCES SEARCH $1.00 MEXICO PROFESSIONAL CERTIFICATION SEARCH (Charged per search) (Not discounted $1.00 MEXICO DOCKET SEARCH (Charged per search) (Not discounted) $1.00 MOTOR VEHICLES SEARCH $0.75 Motor Vehicles Report $1.00 MVR REPORTS (DRIVING RECORDS) (Charged per search) (Not discounted) Alabama 3 -year $12.00 Delaware $21.50 Florida 3 -year $7.15 Florida 7 -year $8.15 Illinois $17.00 Indiana 7 -year $11.00 Iowa $13.50 Kansas $11.50 Maine 3 -year $12.00 Minnesota 5 -year _ $7.50 Mississippi 3 -year $10.00 Nebraska 5 -year $8.00 North Carolina 7 -year $13.00 Rhode Island 3 -year $23.00 South Carolina 3 -year $12.25 Tennessee 5 -year $12.00 Utah 3 -year $12.25 Vermont 3 -year $18.00 West Virginia 7 -year $10.00 MVR WILDCARD SEARCH $1.00 NATIONAL MOTOR VEHICLE ACCIDENT SEARCH & REPORT $3.00 NATIONAL UCC FILINGS SEARCH (Report Included) $1.00 NEIGHBORS ("NEXT STEPS") (Not discounted) $0.25 NPI SEARCH Page 7 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription Plan 45) 25C-9 203039.2v2 NPI Report $0.50 OFFICIAL RECORDS SEARCH (Report Included) $0.25 PATRIOT ACT SEARCH (Charged per search) $0.25 PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS SEARCH (Not discounted) PERSON ALERTS MONITORING (Monthly Monitoring Transactions Per Account) (Alerts charged at regular price) 1-50 $3.00 51-250 $15.00 251-500 $30.00 501 -1,000 $60.00 1,001 -5,000 $300.00 5,001 - 25,000 $1500.00 25,001 -100,000 $6000.00 PHONES PLUS SEARCH $0.50 PROFESSIONAL LICENSES SEARCH (Charged per search) $1.00 PROPERTY ASSESSMENTS SEARCH $1.00 Property Assessments Report $1.00 PROPERTY DEEDS SEARCH $1.00 Property Deeds Report (excluding Deed Image) $1.00 Property Deeds Image (addl charge when ordered within Property Reports) (Not discounted) $8.00 PROPERTY SEARCH (Property Assessments, Deeds & Mortgages) $2.00 Property Report (Property Assessments, Deeds & Mortgages excluding Deed Image) $2.00 PROVIDER SEARCH $0.25 Provider Report $5.00 PROVIDER SANCTION SEARCH (Charged per search) $0.25 Provider Sanction Report $5.00 REAL TIME MOTOR VEHICLE REGISTRATIONS (Charged per search) $3.50 REAL TIME PERSON SEARCH (Charged per search) $3.50 REAL TIME PHONE SEARCH $0.50 RELATIVES ("NEXT STEPS") $1,00 RELATIVES, NEIGHBORS & ASSOCIATES ("NEXT STEPS") $2.00 RELAVINT VISUAL LINK ANALYSIS (Per Diagram) (Not discounted) $2.00 REVERSE LOOKUP SEARCH (Reverse Directory) $0.10 SATELLITE IMAGE SEARCH $0.00 SEXUAL OFFENDERS SEARCH (Report Included) (Charged per search) $1.00 VIRTUAL IDENTITY SEARCH & REPORT $2.00 VOTER REGISTRATION SEARCH $0.25 WATERCRAFT SEARCH $0.50 Watercraft Report $1.00 WORKPLACE LOCATOR (Not discounted) $3.50 REPORTS ASSET REPORT: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings. $3.50 AUTOMATED VALUATION MODEL (AVM) REPORT $5.00 BUSINESS LINK REPORT $5.00 COMPREHENSIVE REPORT (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, $6.00 Page 8 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-10 203039.2v2 Driver's Licenses, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, National Motor Vehicle Accident Search & Report, Hunting / Fishing Permits, Liens & Judgments, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. FINDER REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Phone Summary, Current Listed Phones, Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones at Historical Addresses, Bankru tc Filings and Corporate Affiliations. $3,50 SUMMARY REPORT: Address Summary, Others using SSN. Date/Location where SSN issued, Census Data, Bankruptcy Indicator, Property Indicator and Corporate Affiliations Indicator. $0.50 COMPREHENSIVE ADDRESS REPORT (Base Report Features: Current and Previous Residents and Phones at Address $0.50 Additional Report Options: Bankruptcy (Charged per search) $1.00 Businesses at Address $0.25 Concealed Weapons Permit Search $0.25 Criminal Records Search (Charged per search) $1.00 Criminal Records Report $1.00 Driver Licenses at Address $0.75 Hunting/Fishing License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registered at Address $0.75 Neighborhood Profile (2010 Census) $0.50 Neighbors at Address $0:25 Property Ownership Current/ Previous $1.00 Sexual Offenders Search (Report Included) (Charged per search) $1.00 COMPREHENSIVE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations, Parent Company,Id Numbers and Industry Information $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged per search) $1.00 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens and Judgments (Charged per search) $0.25 Motor Vehicles $0.75 Properties $1.00 UCC Filings $0.50 Watercraft $1.00 CUSTOM COMPREHENSIVE REPORT (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summa $0.50 Additional Report Options: Associates $1.00 Page 9 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-11 203039.2v2 Bankruptcy (Charged per search) $1.00 Criminal Records (Charged per search) $1.00 DEA Controlled Substances License Search $0.25 Driver Licenses Information $0.75 Email Search $0.40 Federal Firearms & Explosives License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicle(s) Registration (Watercraft & Boat Trailers included) $0.75 National Motor Vehicle Accident Search & Report $3.00 Neighborhood Profile (2010 Census) $0.50 Neighbors (Up to 6 Neighbors at 10 Different Addresses) $0.25 People at Work $1.00 Phones Plus $0.50 Professional Licenses (Charged per search) $1.00 Properties $1.00 Relatives (Per Degree of Separation; Up to 3 Degrees) $1.00 Sexual Offenses (Charged per search) $1.00 Supplemental Data Sources (Charged per search) $1.00 UCC Filings $1.00 FLAT RATE COMPREHENSIVE HEALTHCARE BUSINESS REPORT (includes Base Report Features and Additional Report Options listed below $10.00 COMPREHENSIVE HEALTHCARE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations; Parent Com an , ID Numbers and Indust Information $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged per search) $1.00 Business Phone Matches $0.25 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens and Judgments (Charged per search) $0.25 Motor Vehicles $0.75 Properties $1.00 Sanctions $0.50 UCC Filings $0.50 Verification $0.75 Watercraft $1.00 FLAT RATE COMPREHENSIVE HEALTHCARE PROVIDER REPORT (includes Base Report Features and Additional Report Options listed below $6.00 COMPREHENSIVE HEALTHCARE PROVIDER REPORT (Base Report Features: Gender, Date of Birth, Social Security Number, Tax IDs UPIN and NPI number $0.50 Additional Report Options: Additional Deceased Data Sources $0.00 Associates $0.00 Page 10 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-12 203039.2v2 Bankruptcy (Charged per search) (Not discounted) $0.25 Business Address Summary $0.25 Business Affiliations $0.50 Business Phone Matches $0.25 DEA Licenses $0.25 Degrees $0.00 Education $0.60 Group Affiliations $0.50 GSA Sanctions (Charged per search) $0.50 Hospital Affiliations $0.50 Liens and Judgments (Charged per search) $0.25 Medical Licenses (Charged per search) $1.00 Possible Criminal Records (Charged Per Search) $0.25 Professional Licenses (Charged per search) $1.00 Sanctions (Disciplinary) (Charged per search) $0,50 Specialties $0.00 Verification $0.76 ONLINE'BATCH .. Advanced Person Search $0.50 Deceased Person $0.26 Address (single) $0.13 Address (multiple) $0.16 EDA Phones (Directory Assistance) (single) $0.10 EDA Phones (Directory Assistance) (multiple) $0.12 Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents, Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work (single) $0.23 Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents, Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work (multiple) $0.26 Address and Phones (single) $0.25 Address and Phones (multiple) $0.30 Address and/or Phone Dedupe (per input) (single) $0.03 Address and/or Phone Dedupe (per input) (multiple) $0.04 Phones Plus $0.50 Real Time Phone Search $0.50 Real Time Motor Vehicle Registrations $1.5_0 Property -Add Up to Five Properties owned by the subject _ $1.00 Consumer InstantlD $0.65 Consumer InstantlD with Fraud Defender $0.95 Consumer InstantlD with Red Flags Rule $0.90 Business InstantlD $1.30 _ Business InstantlD with Fraud Defender $1.30 Multiple = 2 or more phones/addresses returned w Page 11 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-13 203039.2v2 Accurint for Law Enforcement PLUS (Plan 44) Pricing is per hit unless otherwise indicated. All features with a price of $0.00 are considered "Standard Features" and are included in the Subscription plan. SCHEDULEPRICE ACCURINT MAPPING (Charged per layer) $2.00 ADVANCED PERSON SEARCH $0.50 ADVANCED SEXUAL OFFENDER SEARCH $2.00 AERIAL IMAGING $3.00 BANKRUPTCIES, LIENS & JUDGMENTS SEARCH (Charged per search) $0.50 BANKRUPTCY SEARCH (Charged per search) $0.25 Bankruptcy Report $9.00 BASIC LOOKUP SEARCH (Directory Assistance) $0.90 BOOLEAN SEARCH $2.00 BUSINESS SEARCH $0.35 CASE AUDIT COMPLIANCE $0.00 CASE CONNECT DECONFLICTION ALERTS $0.00 CIVIL COURTS SEARCH - State (Report Included) (Charged per search) $0»25 CONCEALED WEAPONS PERMIT SEARCH $0.25 CORPORATE FILINGS SEARCH (Report included except in Delaware) $9.00 DEA CONTROLLED SUBSTANCES LICENSE SEARCH $0.25 DEATH RECORDS SEARCH (Charged per search) $0.25 Death Records Report (Charged per search) $1.00 CRIMINAL RECORDS SEARCH $1.00 CRIMINAL RECORDS REPORT $1.00 DRIVERS LICENSE SEARCH $0.75 E-MAIL SEARCH $0.40 FAA AIRCRAFT SEARCH (Report Included) $0.25 FAA CERTIFICATIONS SEARCH (Report Included) $0.25 FIREARMS & EXPLOSIVES LICENSE SEARCH $0.25 FORECLOSURES SEARCH (Report Included) $1.00 HUNTING/FISHING LICENSE SEARCH $0.25 INTERNET DOMAIN NAME SEARCH $0.25 LIENS & JUDGMENTS SEARCH (Charged per search) $0.25 LINEUP $0.00 MARRIAGES I DIVORCES SEARCH $1.00 MEXICO DOCKET SEARCH (Charged per search) (Not discounted) $1.00 MEXICO PROFESSIONAL LICENSE SEARCH (Charged per search) (Not discounted) $1.00 MOTOR VEHICLES SEARCH $0.75 Motor Vehicles Report $1.00 MOTOR VEHICLES WILDCARD SEARCH $1.00 NATIONAL MOTOR VEHICLE ACCIDENT SEARCH & REPORT $3.00 NATIONAL UCC FILINGS SEARCH (Report Included) $1.00 OFFICIAL RECORDS SEARCH (Report Included) $0.25 Page 3 of 11 203039.2v2 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-14 PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS $5.00 PERSON ALERTS MONITORING (Monthly Monitoring Transactions Per Account) (Alerts charged at regular price 1-50 $3.00 51-250 $15.00 251 -500 $30.00 501-1,000 $60.00 1,001 - 5,000 $300.00 5,001 - 25,000 $1600.00 25,001 -100,000 $6000.00 PERSON SEARCH $0.35 PHONES PLUS SEARCH $0.60 PROFESSIONAL LICENSE SEARCH (Charged per search) $1.00 PROPERTY ASSESSMENT SEARCH $1.00 Property Assessment Report $1.00 PROPERTY DEED SEARCH $1.00 Property Deed Report (excluding Deed Image) $1.00 REAL TIME MOTOR VEHICLE REGISTRATIONS (Charged per search) $3.50 REAL TIME PHONE SEARCH $0.50 RELAVINT PLUS LINK ANALYSIS (Per Diagram) $2.00 REVERSE LOOKUP SEARCH (Reverse Directory) $0.10 SEXUAL OFFENDER SEARCH (Report Included) (Charged per search) $1.00 VIRTUAL IDENTITY SEARCH & REPORT $2.00 WATERCRAFT SEARCH $0.50 Watercraft Report $1.00 WORKPLACE LOCATOR (Not discounted) $3.50 ,1•iEP�1RTSJti . ... � ,,.... ,_ i .. ' ASSET REPORT: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings. $3.50 AUTOMATED VALUATION MODEL (AVM) REPORT $5.00 FINDER REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Phone Summary, Current Listed Phones, Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones at Historical Addresses, Bankruptcy Filings and Corporate Affiliations. RELATIVES, NEIGHBORS & ASSOCIATES REPORT $3.50 $2.00 COMPREHENSIVE ADDRESS REPORT (Base Report Features Current and Previous Residents and Phones at Address)_ $0,50 Additional Report Options: Bankrupts Charged per search) $1.00 Businesses at Address $0.25 Concealed Weapons Permit Search $0.25 Criminal Records Search (Charged per search) $1.00 _ Criminal Records Report $1.00 Driver Licenses at Address $0.75 Hunting/Fishing License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registered at Address $0.75 Neighborhood Profile (2010 Census) $0.60 Page 4 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-15 203039.2v2 Neighbors at Address $0.25 Property Ownership Current/ Previous $1.00 Sexual Offenders Search (Report Included) (Charged per search) $1.00 COMPREHENSIVE BUSINESS REPORT (Base Report: Alternative Identities and Other Businesses at Address $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged per search) $1.00 Business Registrations $0.25 Corporation Pilings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 Internet Domain Names $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles $0.75 Pr ope ties $1.00 UCC Filings $0.50 CUSTOM COMPREHENSIVE REPORT (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible $0.50 Education, Comprehensive Report Summa Additional Report Options: Associates $1.00 Bankruptcy (Charged per search) $1.00 Criminal Records (Charged per search) $1.00 DEA Controlled Substances License Search $0.25 Driver Licenses Information $0.75 Email Search $0.40 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registration (Watercraft & Boat Trailers included) $0.75 National Motor Vehicle Accident Search & Report $3.00 Neighborhood Profile (2010 Census) $0.50 Neighbors (Up to 6 Neighbors at 10 Different Addresses) $0.25 People at Work $1.00 Phones Plus $0.50 Professional Licenses (Charged per search) $1.00 Property $1.00 Relatives (Per Degree of Separation; Up to 3 Degrees) $1.00 Sexual Offenses (Charged per search) $1.00 Supplemental Data Sources (Charged per search) $1.00 UCC Filings $1.00 ONL INE;BATCH BATCH PERSON SEARCH $0.50 BATCH TELEPHONE $0.10 Page 5 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Pian 45) 25C-16 203039.2v2 Accurint for Law Enforcement (Plan 44) Pricing is per hit unless otherwise indicated All features with a price of $0.00 are considered "Standard Features" and are included in the Subscription plan. PRICE-SCHEQUILE (Subscription) yy11 yi"/A.DD ✓ew ADVANCED PERSON SEARCH $0.60 AMERICAN BOARD OF MEDICAL SPECIALTIES SEARCH $5.00 ASSOCIATES ("NEXT STEPS") $1.00 BANKRUPTCY SEARCH (Charged per search)$0.25 Bankruptcy Report a $1.00 Bankruptcy Dockets ($0.50 for first 5 pages & $0.20 per page thereafter) $0.50 Bankruptcy Documents (per page, up to max charge of $6 per document) $0.20 BANKRUPTCIES, LIENS & JUDGMENTS SEARCH (Charged per search) $0.50 BASIC LOOKUP SEARCH (Directory Assistance) $0.10 BOOLEAN SEARCH $2.00 BUSINESS CREDIT SEARCH $0.25 Business Credit Report $20.00 BUSINESS SEARCH $0.35 BUSINESSES IN THE NEWS SEARCH (Not discounted) $5.00 CANADIAN PHONES $0.40 CASE AUDIT COMPLIANCE $0.00 CASE CONNECT DECONFLICTION ALERTS $0.00 CIVIL COURTS SEARCH (Report Included) (Charged per search) $2.00 CLIA SEARCH $0.25 CONCEALED WEAPONS PERMIT SEARCH $0.25 CORPORATION FILINGS SEARCH (Report included except in Delaware) $1.00 COURT SEARCH WIZARD (Additional fees may apply; orders are non-refundable) (not discounted) County Civil Lower & Upper Court - 7 Year $35.00 County Civil Lower & Upper Court - 10 Year $40.00 County Criminal - 7 Year $25.00 County Criminal -10 Year $30.00 Federal Division Civil - 7 Year $15.00 Federal Division Civil - 10 Year $25.00 Federal Division Criminal - 7 Year $15.00 Federal Division Criminal - 10 Year $25.00 Statewide Criminal $24.00 CREDIT (FORA) $2.25 CREDIT REPORT (Employment Purpose only) - Single (FCRA) $6.00 CREDIT REPORT (Employment Purpose only) - BlMerge (FCRA) $12.00 CREDIT REPORT (Employment Purpose only) - Tr+Merge (FCRA) $17.00 CRIMINAL RECORDS SEARCH (Charged per search) $1.00 _ Criminal Records Report $1.00 DEA CONTROLLED SUBSTANCES LICENSE SEARCH $0.25 DEATH RECORDS SEARCH (Charged per search) $0.25 Death Records Report $1.00 Page 6 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-17 203039.2v2 DELAWARE CORPORATION SEARCH (Not discounted) $1.00 Delaware Corporation Report (Not discounted) $11.00 DRIVER LICENSES SEARCH $0.75 DUN & BRADSTREET (D&B) SEARCH $0.25 Dun & Bradstreet (D&B) Report (Not discounted) $3.75 E-MAIL SEARCH $0.40 FAA AIRCRAFT SEARCH (Report Included) $0.25 FAA PILOT SEARCH (Report Included) $0.25 FEDERAL FIREARMS & EXPLOSIVES LICENSE SEARCH $0.28 FEDERAL EMPLOYER ID NUMBERS (FEIN) $0.50 FICTITIOUS BUSINESS NAME SEARCH $0.50 FORECLOSURES SEARCH (Report Included) $1.00 HUNTINGIFISHING LICENSE SEARCH $0.25 INTERNET DOMAIN NAME SEARCH $0.28 LIENS & JUDGMENTS SEARCH (Charged per search) $0.25 Liens & Judgments Report $1.00 MARRIAGES/DIVORCES SEARCH $1.00 MEXICO PROFESSIONAL CERTIFICATION SEARCH (Charged per search) (Not discounted $1.00 MEXICO DOCKET SEARCH (Charged per search) (Not discounted) $1.00 MOTOR VEHICLES SEARCH $0.75 Motor Vehicles Report $1.00 MVR REPORTS (DRIVING RECORDS) (Charged per search) (Not discounted) Alabama 3-year $12.00 Delaware $21.50 Florida 3-year $7.15 Florida 7-year $8.15 Illinois $17.00 Indiana 7-year $11.00 Iowa $13.50 Kansas $11.50 Maine 3-year $12.00 Minnesota 5-year $7.50 Mississippi 3-year $15.00 Nebraska 5-year $8.00 North Carolina 7-year $13.00 Rhode Island 3-year $23.00 South Carolina 3-year $12,25 Tennessee 5-year $12.00 Utah 3-year $12,25 Vermont 3-year $18.00 West Virginia 7-year $10.00 MVR WILDCARD SEARCH $1.00 NATIONAL MOTOR VEHICLE ACCIDENT SEARCH & REPORT $3.00 NATIONAL UCC FILINGS SEARCH (Report Included) $1.00 NEIGHBORS ("NEXT STEPS") (Not discounted) $0.25 NPI SEARCH Page 7 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-18 203039.2v2 NPI Report $0.50 OFFICIAL RECORDS SEARCH Report Included) _ $0.25 PATRIOT ACT SEARCH (Charged per search) $0.25 PEOPLE AT WORK SEARCH $1.00 PEOPLE IN THE NEWS SEARCH (Not discounted) $5.00 PERSON ALERTS MONITORING (Monthly Monitoring Transactions Per Account) (Alerts charged at regular price) 1-50 $3.00 51-250 $15.00 251 -500 $30.00 501-1,000 $50.00 1,001 -5,000 $300.00 5,001 - 25,000 $1900.00 25,001 - 100,000 $6000.00 PHONES PLUS SEARCH $0.50 PROFESSIONAL LICENSES SEARCH (Charged per search) $1.00 PROPERTY ASSESSMENTS SEARCH $1.00 Property Assessments Report $1 AO PROPERTY DEEDS SEARCH $1.00 Property Deeds Report (excluding Deed Image) $1.00 Property Deeds Image addl charge when ordered within Property Reports) (Not discounted) $5.00 PROPERTY SEARCH (Property Assessments, Deeds & Mortgages) $2.00 Property Report (Property Assessments, Deeds & Mortgages excluding Deed Ima e) $2.00 PROVIDER SEARCH $0.25 Provider Report $5.00 PROVIDER SANCTION SEARCH (Charged per search) $0.25 Provider Sanction Report $5.00 REAL TIME MOTOR VEHICLE REGISTRATIONS (Charged per search) $3.50 REAL TIME PERSON SEARCH (Charged per search) $3.50 REAL TIME PHONE SEARCH $0.50 RELATIVES ("NEXT STEPS") $1.00 RELATIVES, NEIGHBORS & ASSOCIATES ("NEXT STEPS") $2.00 RELAVINT VISUAL LINK ANALYSIS (Per Diagram) (Not discounted) $2.00 REVERSE LOOKUP SEARCH (Reverse Directory) $0.10 SATELLITE IMAGE SEARCH $0.00 SEXUAL OFFENDERS SEARCH (Report Included) (Charged per search) $1.00 VIRTUAL IDENTITY SEARCH &REPORT $2.00 VOTER REGISTRATION SEARCH_ $0.25 WATERCRAFT SEARCH _ $0.50 Watercraft Report $1.00 WORKPLACE LOCATOR (Not discounted) $3.50 .REPORTS ASSET REPORT: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings, $3 50 AUTOMATED VALUATION MODEL (AVM) REPORT $5.00 BUSINESS LINK REPORT $5.00 COMPREHENSIVE REPORT (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search, $6.00 Page B of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-19 0161111T 111 is Driver's Licenses, FAA Aircraft, FAA Pilots, Federal Firearms & Explosives License Search, National Motor Vehicle Accident Search & Report, Hunting/ Fishing Permits, Liens & Judgments, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings; Vehicle Registrations, Voter Registration and Watercraft. FINDER REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Phone Summary, Current Listed Phones, Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones, Phones at Historical Addresses, Bankruptcy Filings and Corporate Affiliations. $3.50 SUMMARY REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Census Data, Bankruptcy Indicator, Property Indicator and Corporate Affiliations Indicator. $0.50 COMPREHENSIVE ADDRESS REPORT (Base Report Features: Current and Previous Residents and Phones at Address $0.50 Additional Report Options: Bankruptcy (Charged per search) $1.00 Businesses at Address $0.25 Concealed Weapons Permit Search $0.25 Criminal Records Search (Charged per search) $1.00 Criminal Records Report $1.00 Driver Licenses at Address $0.75 Hunting/Fishing License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicles Registered at Address $0.75 Neighborhood Profile (2010 Census) $0.50 Neighbors at Address $0.25 Property Ownership Current / Previous $1.00 Sexual Offenders Search (Report Included) (Charged per search) $1.00 COMPREHENSIVE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations, Parent Company. Id Numbers and Industry Information $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy Charged per search) $1.00 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens and Judgments (Charged per search) $0.25 Motor Vehicles $0.75 Properties $1.00 UCC Filings $0.50 Watercraft $1.00 CUSTOM COMPREHENSIVE REPORT (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education Comprehensive Report Summa $0.50 Additional Report Options: Associates $1.00 Page 9 of I Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-20 203039.2v2 Bankruptcy (Charged per search) $1.00 Criminal Records (Charged per search) $1.00 DEA Controlled Substances License Search $0.25 Driver Licenses Information $0.75 Email Search $0.40 Federal Firearms & Explosives License Search $0.25 Liens and Judgments (Charged per search) $0.25 Motor Vehicle(s) Registration (Watercraft & Boat Trailers included) $0.75 National Motor Vehicle Accident Search & Report $3.00 Neighborhood Profile (2010 Census) $0,50 Neighbors (Up to 6 Neighbors at 10 Different Addresses) $0,25 People at Work $1.00 Phones Plus $0.50 Professional Licenses (Charged per search) $1.00 Properties $1.00 Relatives (Per Degree of Separation; Up to 3 Degrees) $1.00 Sexual Offenses (Charged per search) $1.00 Supplemental Data Sources (Charged per search) $1.00 UCC Filings $1.00 FLAT RATE COMPREHENSIVE HEALTHCARE BUSINESS REPORT (includes Base Report Features and Additional Re ort O tions listed below $10.00 COMPREHENSIVE HEALTHCARE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations Parent Company, ID Numbers and Industry Information $0.50 Additional Report Options: Associated Businesses $1.00 Associated People $1.00 Bankruptcy (Charged per search) $1.00 Business Phone Matches $0.25 Business Registrations $0.25 Corporation Filings $1.00 Dun & Bradstreet Records (Not Discounted) $3.75 FAA Aircraft $0.25 Internet Domain Names $0.25 IRS 5500 $1.00 Liens and Judgments (Charged per search) $0.25 _ Motor Vehicles $0.75 Properties $1.00 Sanctions $0.50 UCC Filings $0.50 Verification $0.75 Watercraft $1.00 FLAT RATE COMPREHENSIVE HEALTHCARE PROVIDER REPORT (includes Base $6,00 Report Features and Additional Report Options listed below COMPREHENSIVE HEALTHCARE PROVIDER REPORT (Base Report Features: Gender, $0.50 Date of Birth, Social Securit Number, Tax IDs UPIN and NPI number Additional Report Options: _ Additional Deceased Data Sources a $0.00 Associates $0.00 Page 10 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-21 203039.2v2 Bankruptcy (Charged per search) (Not discounted) $0.25 Business Address Summary $0.25 Business Affiliations $0.50 Business Phone Matches $0:25 DEA Licenses $0.25 Degrees $0.00 Education $0.50 Group Affiliations $0.50 GSA Sanctions (Charged per search) $0.50 Hospital Affiliations $0.50 Liens and Judgments (Charged per search) $025 Medical Licenses (Charged per search) $1.00 Possible Criminal Records (Charged Per Search) $0.25 Professional Licenses (Charged per search) $1.00 Sanctions (Disciplinary) (Charged per search) $0.50 Specialties $0.00 Verification $0.75 ONLINE BATCH , Advanced Person Search $0.50 Deceased Person $025 Address (single) _ $0.13 Address (multiple) $0.16 EDA Phones (Directory Assistance) (single) $0.10 EDA Phones (Directory Assistance) (multiple) $0.12 Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents, Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work (single) $0.23 Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents, Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work multi le $0.25 Address and Phones (single) $0.25 _ Address and Phones (multiple) $0.30 Address and/or Phone Dedupe (per input) (single) $0.03 Address and/or Phone Dedupe (per input) (multiple) $0.04 Phones Plus $0.50 Real Time Phone Search $0.50 Real Time Motor Vehicle Registrations $1.50 Property -Add Up to Five Properties owned by the subject $1.00 Consumer InstantlD $0,65 Consumer InstantlD with Fraud Defender $0,95 Consumer InstantlD with Red Flags Rule $0.90 Business InstantlD $1.30 Business InstantlD with Fraud Defender $1.30 Multiple = 2 or more phones/addresses returned Page 11 of 11 Customized Schedule A Accurint for Law Enforcement Plus (Subscription - Plan 45) 25C-22 203039.2v2 CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT WITH WESTBOUND COMMUNICATIONS FOR "READY OC" EMERGENCY PREPAREDNESS AND "IF YOU SEE SOMETHING, SAY SOMETHINGTM11 PUBLIC AWARENESS CAMPAIGNS (STRATEGIC PLAN NO. 1, 6) CITY MA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: FAJ9"]�/moi ❑ 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 the attached one-year agreement, with two one-year options to renew, with Westbound Communications, Inc. for the period June 16, 2015 to June 15, 2016 for consulting services related to the continuance of the Ready OC Emergency Preparedness Campaign, and the "If You See Something, Say Something TM" Public Awareness Campaign, which primarily serves the Anaheim/Santa Ana Urban Area, for a total three year amount not to exceed $1,500,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security has developed the Urban Area Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness against acts of terrorism. The City of Anaheim has fiscal responsibility for the FY14 UASI grant for the Anaheim/Santa Ana Urban Area, which encompasses the 34 jurisdictions in Orange County. With oversight by the Santa Ana Police Department Homeland Security Division, Westbound Communications, Inc. will continue to expand and update the current Ready OC and "If You See Something, Say Something TM" Campaigns and existing websites. Westbound Communications, Inc. will perform several functions including, but not limited to, plan and execute several multi- media events, expand outreach into social media venues, produce and deliver Public Service Announcement videos, execute radio station advertisements, and continue to support the core advisory and business partnership group. The goal of this agreement is to continue encouraging Orange County residents to become prepared, aware, pro -active and involved in their personal and community safety plans. 25D-1 Westbound Communications, Inc. Consultant Agreement June 16, 2015 Page 2 On March 2, 2015 the Police Department issued a request for proposals (RFP #15-017) for Emergency Preparedness & Public Awareness Campaigns. On March 31, 2015 the City received proposals from three firms. Bartell & Associates, Sensis, and Westbound Communications, Inc. each submitted proposals for consideration. An evaluation committee consisting of representatives from the Santa Ana Police Department Homeland Security Division (Fiduciaries of the UASI Grant), and the ReadyOC/"If You See Something, Say Something TM" Steering Committee reviewed and rated the three proposals after an oral presentation from all three respondents. The proposals were evaluated according to Responsiveness to RFP (45%), and oral presentation (55%), as stated in the RFP. The results of the RFP evaluation are as follows: Vendor Score Westbound Communications, Inc. 98 Sensis 84 Bartell & Associates 63 100 point max Westbound Communications, Inc. was the most responsive and capable respondent. Westbound Communications, Inc. brings valuable expertise and institutional knowledge to both campaigns as the initial creators, and primary creative directors since the inception of ReadyOC and "If You See Something, Say Something TM". This includes all branding, strategies, micro - campaigns, and established media relationships with organizations such as the Los Angeles Angels of Anaheim, iHeart Media, and the Anaheim Ducks. The first year agreement amount totals $355,000 (fiscal year 2015-16) and the expenses for years two (fiscal year 2016-17) and three (fiscal year 2017-18) are projected to be $572,500 for each fiscal year, for a total not to exceed the three-year agreement amount of $1,500,000. It is anticipated that the current scope of services developed by the consultant may change or expand as new risks are identified and promotional opportunities arise. Agreement scope revisions and second and third year renewal options can be authorized by the City Manager and City Attorney. Execution of years two and three of this agreement are contingent upon a UASI Grant award to the Anaheim/Santa Ana Urban Area for FY2015 & FY2016 respectively, and that the award is sufficient in size to sustain both campaigns. It is understood that future UASI Grant awards must be approved by, and receipt of awarded funds authorized by the City Manager and City Council prior to any expenditure on these programs under this agreement. 25D-2 Westbound Communications, Inc. Consultant Agreement June 16, 2015 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #6, (enhance Public Safety integration, communications and community outreach). FISCAL IMPACT Funds for year -one (fiscal year 2015-16) of this agreement totaling $355,000 are budgeted and available, upon Council approval of the fiscal year 2015-16 proposed budget, in the FY2014 UASI Grant Program fund accounts (no. 12514491-62300-15423001186-3492) & (no. 1254491- 62300-15423001186-3498). Funding for fiscal year 2016-2017 and 2017-18 will be identified in future annual budgets, and is contingent upon grant funding being secured by the City. APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Chiefofof Police Executive Director Santa Ana Police Department Finance & Mgmt. Services Agency 25D-3 25D-4 CONSULTANT AGREEMENT THIS AGREEMENT is made and ontered into this 16`x' day of June, 2015, by and between Westbound Communications, Inc., a California Corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to hire a Consultant having special skill and knowledge in the field of public outreach and promotional services related to the ReadyOC (ROC) Emergency Preparedness Campaign and the "If You See Something, Say Something" (S4) Campaign. B. The City, acting through the Santa Ana Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY14 Urban Areas Security Initiative, has applied for, received and accepted a grant from the Federal Department of Homeland Security, Office of Domestic Preparedness, through the State of California, Office of Emergency Services, to enhance countywide emergency preparedness and public awareness, hereinafter referred to as "the Grant." 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 for the Ready OC Campaign and Consultant shall perform those services as set forth in Exhibit B for the "If You See Something, Say Something" Campaign during the first year of the Agreement, The specific scope of set vices for the Ready OC and "if You See Something, Say Something" Campaigns for year two and three of the Agreement can be modified through an amendment executed by the City Manager and City Attorney. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services during the first year of the Agreement (2015-2016), the rates and charges identified in Exhibit A and B. The total sum to be expended under this Agreement shall not exceed orae million five hundred thousand dollars ($1,500,000.00) during the three year teen of this Agreement. Funding for 2016-2017 and 2017-201 S are contingent 25D-5 upon grant funding being secured by the City and if such funding is not secured, then the Agreement will terminate when the current year's funding is exhausted. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed and deliverables completed, subject to City accounting procedures. Payment need not be made for work, which fails to meet the standards of performance set for in the Recitals, which may reasonably be expected by City. 0100B M This Agreement shall commence on June 16, 2015 and terminate on June 15, 2016, with two (2) one (1) year options to renew at the City's sole discretion by the City Manager and contingent upon funding being secured by the City, unless terminated earlier in accordance with Section 13, below. 4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, PROGRAMS AND SYSTEMS Any and all records, papers, plans, drawings, specifications, programs, systems and other materials prepared by Consultant pursuant to this Agreement shall be the property of the City. Consultant agrees to provide the City with any such materials whenever requested to do so. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 25D-6 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $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's 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. 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 infill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be firnished to the City upon execution of this Agreement and shall be approved in form by the City. (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. £ 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 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-7 INDEMNIFICATION Consultant agrees to and shall defend, 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 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 terns 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 patty 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. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shalt riot have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25D-8 10. NOTICE Any notice, tender, demand, delivery, or other cOinm1111ication 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, CA 92702-1988 Fax: (714) 647-6956 Copy to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, CA 92702 Fax: (714) 245-8007 And: To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O, Box 1988 Santa. Ana, California 92702 Fax: (714) 647-65 15 Westbound Communications, Inc. Rick Miltenberger 625 The City Drive, Suite 360 Orange, CA 92868 Telephone: (714) 663-8188 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, duty registered or cottifred, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or 25D-9 other communication shall be effective or deemed to have been given twenty-four (24) hours atter the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein 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 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without die City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the City of Santa Ana may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited 25D-10 by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION- VENUE This Agreement 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. 16, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the set vices 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 pen -nits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. SEVERABILITY ht the event that one or more of the phrases, sentences, clauses, paragraphs or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 18. CERTIFICATIONS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by MWDOC, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant Rinds or their duly authorized reprosentative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. 25D-11 Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant 'funds or other persons or agencies. c. Section 504 of the Rehabilitation Act of 1973 (Handicapped - All recipients of Federal intids must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 -_(ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". Civil Rights Compliance and Notification of Findings - Recipient will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights At of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to MWDOC which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Recipient will comply, and all its contractors (or subrecipicats) will comply, with all requirements of the Executive Order 1.1246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CPR chapter 60), as applicable. h. Recipient will comply, and all its contractors (or subrecipients) will comply, with all 25D-12 requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C, 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C_ 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty - free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (l) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 19. EXHIBITS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 25D-13 20. AUTHORITY The person(s) executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney L -X t f C l 4 t a 1 1 By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL CARLOS ROJAS Chief of Police CITY OF CITY OF SANTA ANA DAVID CAVAZOS City Manager WESTBOUND COMMUNICATIONS, INC. SCOTT SMITH President & CEO E 25D-14 Exhibit A 25D-15 EXHIBIT A ' '•A ll • i i C ;r. General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the ReadyOC (ROC) Emergency Preparedness Campaign. This scope of work shall stand as an agreement between the City of Santa Ana (herein after Santa Ana) and Westbound Communications (herein after WBC) for the contracted period of May 14, 2015 through March 31, 20'16. WBC will supply the following services: o ROC Website Management o Site content updating o Social media content updating o Site optimization o Site maintenance o ROC Advertising and Promotional Communications o Paid advertising o Social media outreach o Broadcast news promotions o Media/corporate promotions o Publicity services o Public Information Outreach Support for ROC Program o Multimedia production and outreach o Citizen and faith -based outreach o Project Administration Services No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the written approval of the Santa Ana Project Manager. This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule • Milestone Payment Schedule 25D-16 General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities; a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager. c. Conduct on-site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager. e. Prepare and submit, no later than the fifth business day of each month, a status activity report that includes; the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) with appropriate invoices to Santa Ana's Project Manager. Santa Ana Responsibilities; a. Maintain project communications with the WBC Project Manager. b. Manage the efforts of ROC involved staff and coordinate ROC activities with the WBC Project Manager. c. The Project Manager must ensure that personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d. The Project Manager or his designee will participate in status meetings with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status, e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana -provided third -party vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. L Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 247 basis, with pre -authorization for off -hours. K Provide workspace for WBC personnel as reasonably requested. 25D-17 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule, All parties recognize that the SOW is not formatted chronologically with contractual obligations defaulting to the Project Schedule unless otherwise noted. TASK 1: 2015 READYOC MARKETING ROAD MAP Objective: Create and establish a formal marketing plan and road map to best promote and provide outreach for ROC in 2015. The road map will include project schedules, management procedures and proposed activities. Task Description: Develop, refine, review and approve plan for all 2015 initiatives, including the marketing plan and project schedule. This also includes bridging activities from FYI (calendar year 2014) to maintain campaign momentum, integrity and continuity, Activities include: a. 2015 Launch Meetings — conduct meetings with Santa Ana Project Manager and ROC Steering Committee to outline strategies and recommendations for 2015 and to get approval to proceed with the 2015 Road Map. b. 2015 Marketing Road Map — develop comprehensive marketing communications and promotions plan detailing strategies, objectives, tasks, schedules and metrics for all ROC and Promise to Prepare (P2P) activities during the contracted period. This includes delivery of a 50-60 slide PowerPoint deck plan that details all strategic goals and programming. c. Project Schedule — develop and complete a comprehensive project schedule that details timing for all activities. d. Project Management & Control Procedures — review and update, as needed, all control and administrative procedures (change orders, approval processes, etc.) and documents. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee b. Execute the promotion in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion of the deliverables detailed in the task description above and when the Santa Ana Project Manager signs the task completion letter. Planned completion and invoicing will be in Q1/2015. 25D-18 TASK 2: READYOC STAKEHOLDER MEETING & PROMOTIONS Objective: Manage campaign updates, administration and promotions to the Steering Committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, programming documentation, regular communications and presentations to Steering Committee and corresponding agency partners (ex: OCEMO). Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and website traffic, among others. Maintain weekly and monthly communication with the Steering Committee, including at least one in-person meeting a quarter. Conduct up to six presentations or meetings with agency and campaign partners. Responsibilities: WBC shall: a. Coordinate, manage and participate in at least one Steering Committee meeting per quarter b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager c. Manage the weekly and monthly reporting of campaign measurement d. Manage ongoing expense tracker, budget and campaign schedule e. Submit task completion letters with task invoices to the Santa Ana Project Manager Santa Ana shall: a. Approve campaign progress, updates and promotions b. Support and facilitate partnering and sponsorship efforts with Steering Committee Completion Criteria: This task is considered complete upon completion of administrative deliverables and when the Santa Ana Project Manager signs the task completion letter by Q4/2015. TASK 3: READY TOGETHER PROMOTION Objective: Develop and implement the "Ready Together" initiative empowering neighbors to help each other take emergency preparedness action. This initiative extends the Promise to Prepare programming by providing preparedness tools, resources, support and connections to help neighbors and neighborhood -based organizations prepare for emergencies through action, The emphasis will be on strong public outreach presence, programming, media and marketplace exposure through the end of the contract period (March 31, 2016). Task Description: This promotion includes working directly within communities and neighborhoods, collaborating with and supporting CERTS, neighborhood councils, HOAs, cities and others, and partnering with neighbor -based businesses and organizations. The quantifiable goals will be to collect R 25D-19 and document Promises to Prepare from Orange County residents, businesses and community members. This will be achieved through public outreach and media promotions including, but not limited to, the ROO Preparedness Bucket List campaign, radio promotion, video public service announcement (PSA) creation, smartphone app management and enhancements and publicity outreach. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety and when the Santa Ana Project Manager signs the task completion letter. ��EtiliA7-�iLwS�It1 ile7�jl;IIi��ZiPri}t r�C IT�:177I. Cr�Zi7iE Objective: Plan, develop and begin Phase I implementation of the 'Ready Together" concept. Task Description: This phase includes creating and producing a "Ready Together" icon, one-page program description, one page consumerfact sheet (8.5" x 11"), one-page website tabbed content and March 2015 -December 2015 outreach schedule. All materials will be reviewed and approved by the Project Manager with support from the ROC Steering Committee.. Responsibilities: WBC shall: a. Plan and develop the program with approvals from the ROO Steering Committee b. Execute the program in accordance with approved plans Santa Ana shall: a. Approve initiative concepts and materials b. Support and facilitate partnering and sponsorship efforts Completion Criteria: This task is considered complete upon completion of all tasks and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by 02/2015. TASK 3-8: READY TOGETHER PROMOTION -- SUMMER 2015 Objective: Implement Phase II of the 'Ready Together" concept as described below. Task Description: This phase includes conducting up to two (2) events focused around the "Ready Together" message and programming platform. These events may be stand-alone or as part of appropriate local neighborhood festivals, block parties, church events and other hyper -local 25D-20 venues. The goals are to support awareness and help generate at least 500 Promises to Prepare. Responsibilities: WBC shall: a, Plan and develop the program with approvals from the ROC Steering Committee b. Execute the program in accordance with approved plans Santa Ana shall: a. Approve initiative concepts and materials b. Support and facilitate partnering and sponsorship efforts Completion Criteria: This task is considered complete upon completion of all tasks and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by 03/2015. TASK 3-C: READY TOGETHER PROMOTION — FALL 20151WINTER 2016 Objective: Implement Phase II of the "Ready Together" concept as described below. Task Description: This phase includes conducting up to two (2) events focused around the "Ready Together' message and programming platform. These events may be stand-alone or as part of appropriate local neighborhood festivals, block parties, church events and other hyper -local venues. The goals are to support awareness and help generate at least 500 Promises to Prepare. Responsibilities: WBC shall: a. Plan and develop the program with approvals from the ROC Steering Committee b. Execute the program in accordance with approved plans Santa Ana shall: a. Approve initiative concepts and materials b. Support and facilitate partnering and sponsorship efforts Completion Criteria: This task is considered complete upon completion of all tasks and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by January 31, 2016, TASK 4: PROMISE TO PREPARE (P2P) PROMOTION Objective: Extend and maintain the momentum of the P2P program. The emphasis will be on strong public outreach presence, programming, media and marketplace exposure through the end of March 31, 2016. 2501-21 Task Description: The promotion includes the ongoing public pronouncement that ROC will achieve tangible steps towards preparedness, Promises to Prepare, from Orange County residents, businesses and community members. This will be achieved through public outreach and media promotions including, but not limited to, the ROC Preparedness Bucket List campaign, radio promotion, video public service announcement (PSA) creation, smartphone app management and enhancements and publicity outreach. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety and when the Santa Ana Project Manager signs the task completion letter TASK 4-A: ROC EMERGENCY PREPAREDNESS BUCKET LIST Objective: Plan, develop and implement concept, distributing a minimum of 1,000 branded five -gallon ROC emergency preparedness buckets to Orange County community members by Q4 2015 (Note: WBC in collaboration with the Santa Ana Project Manager will seek to expand the number of distributed buckets through partnering/sponsorship efforts with the Corporate Advisory Council and other community stakeholder groups.) Task Description: Expand and enhance the existing Preparedness Bucket List program momentum that encourages Orange County residents to add preparedness to their "bucket list" -- i.e. making sure residents receive a bucket and begin gathering emergency kit items. The ROC -branded buckets will be selectively promoted and distributed to OC community members as a demonstration of a simple preparedness step with suggestions included of what key emergency kit items to place within it. Along with serving as a tangible action step toward preparedness, the bucket concept offers numerous promotional opportunities via publicity, the website, social media and other ROC communication channels. An initial quantity of 1,000 branded buckets will be produced. WBC and the RQC team will also seek to expand the program and amount of buckets to be distributed via corporate and business partnerships and sponsorships. Responsibilities: WBC shall: a. Plan and develop the program with approvals from the ROC Steering Committee b. Execute the program in accordance with approved plans Santa Ana shall: a. Approve initiative concepts and materials b. Support and facilitate partnering and sponsorship efforts Completion Criteria: This task is considered complete upon the distribution of a minimum of 1,000 buckets and when the Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by Q4/2015. 7 25D-22 TASK 4-B: MEDIA PROMOTIONS Objective: Develop and implement media promotions and concentrated publicity outreach to local print, online and broadcast outlets to promote ROC programming elements, the Promise to Prepare initiatives and our calendar of activities. Task Description: Develop and implement media promotions including, but not limited to, management and enhancement of the ROC smartphone app, Clear Channel or other radio promotion campaign packages, video PSA creation and media outreach to local outlets to direct OC residents to commit to preparedness steps. Task includes ongoing measurement and tracking of promotional elements, Activities will include a. Manage and Enhance ROC Smartphone App — track downloads weekly, send monthly push notifications, update technical features and enhance smartphone app for Apple and Android mobile and tablet products with a new feature such improvement navigation and database functionality. i. App Promotion Plan & Program — develop and implement plan to promote and drive app downloads. This will include a mix of publicity, advertising, video, website, social media and other offline and online marketing elements. b. Advertising and Online Promotion — a plan will be developed and implemented for a promotional period to take place by the end of Q4 2015. The plan will consist of both on - air and online outreach components. I. Work directly with radio, broadcast and/or online partner on the management of the promotional period, including developing copy for potential advertising spots and PSAs, completing air checks, securing data from the online components, and reporting results to the ROC Steering Committee. c. Publicity Outreach — create media lists, press releases, media alerts and conduct outreach to targeted local media outlets to achieve three feature editorial hits between Q2 and 04 2015. Manage and edit submissions for columns to the south and north county community paper editors for placement. d. Video PSA — create at least one updated and engaging video PSA via Animoto or similar application to increase exposure of ROC in OC community via the ROC website, YouTube channel, city websites and potentially local public access stations, Responsibilities: WBC shall: a. Develop the initiative and seek plan and program approval from the ROC Steering Committee b. Execute the promotions in accordance with the approved plan Santa Ana shall: a. Approve plan and promotion elements Completion Criteria: This task is considered complete upon the completion or booking and scheduling of the deliverables, given media requirements in some instances for upfront payment and when the s 2501-23 Santa Ana Project Manager signs the task completion letter. Planned completion and implementation will be by Q4/2015. TASK 5: EDUCATION -BASED OUTREACH Objective: Continue to execute activities with OC education organizations, schools and after-school programs to support ROC emergency preparedness efforts and the Promise to Prepare initiative. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 5-A: EDUCATION -BASED OUTREACH (SPRING/SUMMER 2015 Objective: Expand and execute activities with OC education organizations, schools and after-school programs to support ROC emergency preparedness efforts and the Promise to Prepare initiative for the 2015 spring semester and summer programs. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities/events based on the 2015 spring and summer semesters, This task includes working with schools across OC to promote the P2P initiatives including communications to the region's 180 -plus schools and nearly 200,000 student -base, as well as direct outreach to 10,000 -plus elementary -aged children. Broadly, activities are anticipated to include: a. Elementary School Assembly Program - extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 12 total assemblies during the contracted period, or an average of five assemblies per month. i. This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed with elementary schools throughout Orange County. ii. Officer John Reed is responsible for conducting assemblies on his own, with the exception of 1-2 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. iii. Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing 25D-24 information kits (with kit assembly assistance from Officer Reed), post -event school follow-up and more. b. OCDE & School Districts Communication Program - develop and disseminate regular quarterly communications that promote ROC and P2P emergency preparedness initiatives to and through the county (OCDE) and school districts. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: This task is considered complete upon delivery of presentations to the required schools and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by 03/2015. TASK 5-B: EDUCATION -BASED OUTREACH (FALL 2015/WINTER 2016 Objective: Expand and execute activities with OC education organizations, schools and after-school programs to support ROC emergency preparedness efforts and the Promise to Prepare initiative for the 2015 fall and 2016 winter programs. Task Description: Handle all aspects of programming, materials development and distribution, school assemblies and other activities/events based on the 2015 fall and 2016 winter periods. This task includes working with schools across OC to promote the P2P initiatives including communications to the region's 180 -plus schools and nearly 200,000 student -base, as well as direct outreach to 10,000 -plus elementary -aged children. Broadly, activities are anticipated to include: a. Elementary School Assembly Program - extend and implement elementary school assembly program and promotion throughout Orange County, seeking to conduct approximately 12 total assemblies during the contracted period, or an average of five assemblies per month. I. This encompasses scheduling, supporting and promoting assemblies leveraging Officer John Reed with elementary schools throughout Orange County. ii. Officer John Reed is responsible for conducting assemblies on his own, with the exception of 1-2 assemblies which will be additionally staffed for formal research and feedback as well as for quality control. iii. Tasks include booking assemblies, managing the annual calendar, promoting events through OCDE, school districts and individual school sites, capturing, posting and distributing video, photos and other content, creating and distributing information kits (with kit assembly assistance from Officer Reed), post -event school follow-up and more. io 2501-25 b. OCDE & School Districts Communication Program - develop and disseminate regular quarterly communications that promote ROC and P21P emergency preparedness initiatives to and through the county (OCDE) and school districts. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: This task is considered complete upon delivery of presentations to the required schools and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by January 31, 2016. TASK 5-C: PROFESSIONAL SERVICES STAFFING Objective: Provide professional staffing through Officer John Reed for education -based outreach such as school assemblies, after-school programs and other similar activities supporting the ROC campaign. Task Description: Officer Reed leads all staffing for school assemblies and other education -based programming, This includes staffing a minimum of two dozen elementary school assembly programs based on an annual events calendar coordinated, booked and administered by the Westbound team. This task covers both professional services fees and out of pocket costs for expenses such as mileage and materials. Responsibilities: WBC shall: a. Develop the initiative and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve plan and activities Completion Criteria: Services and costs under this task, since they are professional services, are invoiced monthly as accrued by Officer Reed. Detailed time sheets and expense reports will be submitted with all invoices. Completion of all assignments under this contract will occur by January 31, 2016, TASK 6: COMMUNITY & CITIZENS OUTREACH Objective: 25D-26 Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria; This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 6-A: COMMUNITY & CITIZENS OUTREACH (SPRING/SUMMER 2015) Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. Task Description; Calendar, staff and manage up to 8 community (ex. Rossmoor Community Festival) and emergency preparedness (ex. SMWD Water Awareness Day) events as well as presentations and faith -based Ready Sunday events to targeted community organizations/groups. Activities include: a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events that ROC will participate in and/or staff In support of emergency preparedness outreach efforts and the P2P initiative for Q3/2015. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 10 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, team presentations, ROC/P2P materials and giveaway distribution and more. c, ROC Angel's Night 2015 — book, manage, staff and implement promotional partnership event at Angel's Baseball home game to include in -game and pre -game promotional elements. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements 12 2501-27 Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Completion is planned for the end of Q3/2015. TASK 6,8: COMMUNITY & CITIZENS OUTREACH (FALLIWINTER 20151 Objective: Develop and implement ongoing community and citizens' outreach at targeted community, emergency preparedness, faith -based and other designated events and/or presentation venues, seeking to reach and engage with hundreds of thousands of citizens and community members. 'cask Description: Calendar, staff and manage up to 8 community (ex. Cypress Community Festival) and emergency preparedness (ex. Dana Point Preparedness Expo) events as well as presentations and faith -based Ready Sunday events to targeted community organization s/groups. Activities include: a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events that ROC will participate in and/or staff in support of emergency preparedness outreach efforts and the P2P initiative for Q4/2015. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 8 community events throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include table displays, team presentations, ROC/P2P materials and giveaway distribution and more. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROC Steering Committee b. Execute the outreach in accordance with the approved plan Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Completion is planned for the end of Q4/2015. TASK 7: 2015 CORPORATE ADVISORY COUNCIL (CAC) & PARTNERING Objective: Continue managing current GAC group with emphasis on enhancing participation benefits, retaining current active members for 2015, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC; initiative during the year. 13 25D-28 Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. TASK 7-A; CAC & PARTNERING (SPRING/SUMMER 2015-), Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members for 2015, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during the year. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: a. CAC Designated Ambassador— continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour— continue successful strategy to outreach to CAC members in a high -touch, one-to-one manner to generate customized opportunities for promotional investment and support of the ROC campaign. Responsibilities: WBC shall: a. Develop and implement the program with approval from the ROC Steering Committee Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task will be implemented throughout the performance period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by the end of Q212015. TASK 7-15: CAC & PARTNERING (FALLWINTER 2015) Objective: Continue managing current CAC group with emphasis on enhancing participation benefits, retaining current active members for 2015, and expanding successes in leveraging CAC resources, connections and contributions to the overall ROC initiative during the year. Task Description: Continue momentum to expand the success of the council to help provide opportunities, extensions, and ongoing support for ROC. Activities include: 14 25D-29 a. CAC Designated Ambassador-- continue to leverage and refine the designated CAC ambassadors to facilitate and deepen relationship efforts. b. One -on -One Outreach Tour — continue successful new strategy to outreach to CAC members in a high -touch, one-to-one manner to generate customized opportunities for promotional investment and support of the ROC campaign. c. CAC Recognition Program — formalize development and implementation of recognition program for CAC members that elevates the prestige for and expands the interest in promoting ROC and emergency preparedness. Responsibilities: WBC shall: a. Develop and implement the program with approval from the ROC Steering Committee Santa Ana shall: a. Approve the program and promotional efforts Completion Criteria: This task will be implemented throughout the performance period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned for the end of Q4/2015. TASK 8: WEBSITE SOCIAL MEDIA & ONLINE OUTREACH AND MAINTENANCE Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and maintain campaign social media channels 24/7 during the contract term. Website and social media will be leveraged to continue to support the campaign's public awareness and engagement activities. Task Description: See sub -tasks for specifics. Responsibilities: See sub tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and 15 2501-30 maintain campaign social media channels, Twitter, Facebook, Instagram and YouTube, 24/7 through the end of Q2/2015. Task Description: Handle all aspects of website and social media updates, optimization; hosting, maintenance, management and metrics/reporting needs in accordance with ROC approved processes and protocols. a. Web Hosting Service — coordinate and maintain third party hosting service for website on annual basis with service provider such as Arvixe b. Interactive Web Elements - create and implement three Animoto presentations (online video/photo presentations) and three new focus area updates for the website homepage per month c. Quality Check — implement a quality check of all links, content and verbiage of the Ready0C.org website to ensure content is up-to-date for visitors d. Social Media Content - create and share engaging photo, video and relevant preparedness content via social media channels daily, tracking the impressions weekly Responsibilities: WBC shall: a. Develop the initiative, elements and seek plan approval from the ROC Steering Committee Santa Ana shall: a. Approve web elements, collateral materials and social media plan Completion Criteria: This task is considered complete upon the completion of the support period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned for the end of Q2/2015. Objective: Update, manage, host and maintain the ReadyOC.org website and provide recommendations for updates to improve the user experience and functionality. Also update, manage and maintain campaign social media channels, Twitter, Facebook, Instagram and YouTube, 24/7 during Q4/2015 and by March 31, 2016. Task Description: Handle all aspects of website and social media updates, optimization, hosting, maintenance, management and metrics/reporting needs in accordance with ROC approved processes and protocols. a. Web Hosting Service — coordinate and maintain third party hosting service for website on annual basis with service provider such as Arvixe In, 25D-31 b. Interactive Web Elements - create and implement two.Animoto presentations (online video/photo presentations) and three new focus area updates for the website homepage per month c. Quality Check — implement a quality check of all links, content and verbiage of the ReadyOC.org website to ensure content is up-to-date for visitors d. Social Media Content - create and share engaging photo, video and relevant preparedness content via social media channels daily, tracking the impressions weekly Responsibilities: WBC shall: a. Develop the initiative, elements and Committee seek plan approval from the ROC Steering Santa Ana shall: a. Approve web elements, collateral materials and social media plan Completion Criteria: This task is considered complete upon the completion of the support period and when the Santa Ana Project Manager signs the task completion letter. Completion is planned for January 31, 2016 TASK 9: COLLATERAL & PROMOTIONAL MATERIALS Objective: Develop, produce and update ROC and P2P collateral materials and promotional materials for use in all programming as appropriate. Task Description: Handle design, writing, production and distribution of all materials supporting ROC and P2P initiatives. a. Collateral Materials i. ROC Preparedness Bucket List Flyers, 2,000 total quantity ii. ROC Family Emergency Plans, 15,000 total quantity iii. P2P Fact Sheets, 15,000 total quantity b. Promotional Materials i. ROC/P2P Wristbands, 10,000 total quantity ii. ROC/P2P Emergency Document Bags, 15,000 total quantity iii. ROC/P2P Hand -Crank Flashlights, 1,000 total quantity Responsibilities: WBC shall: Develop all materials and seek approvals from the ROC Steering Committee Produce materials in accordance with Steering Committee approvals Santa Ana shall: a. Approve materials Completion Criteria: 25D-32 17 This task is considered complete upon the order or delivery of the promotional materials, given requirements in some instances for upfront payment, and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by the end of Q3/2015. t& 25D-33 tCJ e- 0 N r K> V. 0 N r V d 0 V N c w E a m a m C 0 N G7 --------------- O O 0 4 0 O O O O q O O O O O O O O O b 0 0 0 4 0 0 0 O O O O 4 0 0 O O B q 0 O O O O O O O 0 0 d O q q O O p O q O O 0 0 0 O d O O 0 0 0 O O h O O O L6_ O L6 P to O W O O o (V b r q lf] O N O (V O W O W O O O O o CO � N Vi � (A 64 Uf M V'1 ff} 69 ffY 4fl Vi Vi N fFl O Ef} (R O N Ul O N N c U 13 r-) Ux Z w U N ZC U C n E E O Q C C �- N N N (A Z N N ❑N C K @ N O N 2 t@ W o p N N o e N 4 4 d N 6. � m E Y N C d N N❑ � a A� 0 0 0 w A Z V) N Li O 'M U 4 d c CL zLU ,= o1 c C J Lu O O �O n ° O 0 O4 a Q E E E m N 0 O o o aJ m m 11 _O LU 0 a s o. d O O" co O w v v m ZP 4� U :N U ce 0 w m m p 00 a r 6 a ani ,°�� ,u, SG 2 0 ❑ .Qn 4Fo' -@- a. Ad d �@ N Vi L'Lj 0 E E LU E •NN NN @ Fv• U " IL ° c@e w w °LLr oQUOU1 d�vpw U) o W a w w w 0 0 ce ce ce a w u u u dl Q 09 U Q LA d CO Q fit M M M V V' N L6 (6 N h ti M e^ N M N YUl tY/1 d' N N tfS Y y Y N Y f/1 Y N Y N h Y N Y l W N 2 Y (n Y X � Y Y d w Im f(tl F@- F@- F@- F F@ F@ FN km 0 h h H h h Fd- FQ- IQ Fa- 25D-34 c Exhibit B 25D-35 If You See Something, Say Something (S4) — OC Initiative FY14 S4 STATEMENT OF WORK General Information: The following Statement of Work (SOW) defines the principle activities and responsibilities of all parties for public outreach services to support the "If You See Something, Say Something" (S4) initiative for Orange County from February 16, 2015 — March 31, 2016. This scope of work shall stand as an agreement between the City of Santa Ana (hereinafter Santa Ana) and Westbound Communications (hereinafter WBC). WBC will supply the following services during a 12 -month term: o S4 Media Promotions o Paid and sponsored advertising o Public Service Announcements (PSAs) o Earned media (editorial publicity) o Marketing Support for S4 Program 0 2015 marketing road map c Citizen and community outreach o Promotional partnering o Event marketing o Project Administration Services o S4 Microsite and Social Media Platform Management o Site maintenance management o Social media content development and outreach o Social media maintenance management No deviation of this SOW will be allowed without written consent from the Santa Ana Project Manager. Nevertheless, Santa Ana recognizes that projects of this magnitude will likely encounter various unforeseeable events that may cause tasks to overlap or change, and such change will be permissible with the approval of Santa Ana Project Manager, This SOW is contingent upon both WBC and Santa Ana fulfilling their respective responsibilities as defined in the Agreement and within this document. Contents The following are included with this SOW: • Task Descriptions • Project Change Order • Project Schedule • Milestone Payment Schedule 25D-36 General Project Management Responsibilities Project management occurs throughout the project and is involved in every task. The overall project management activities are listed here for reference. Westbound Responsibilities: a. Maintain project communications with Santa Ana's Project Manager. b. Manage the efforts of the WBC staff and coordinate WBC activities with the Santa Ana Project Manager, c. Conduct on-site status meetings with Santa Ana's Project Manager on a monthly basis or when reasonably required at the discretion of Santa Ana to discuss project status. d. Provide timely responses, within ten (10) business days, to issues raised by Santa Ana's Project Manager, e. Prepare and submit, no later than the fifth business day of each month, a status report that Includes: the accomplishments of the previous month, activities planned for the current month and any update to the project schedule. f. Prepare and submit project Change Proposals to Santa Ana's Project Manager as necessary. g. Prepare and submit Task Completion Letter(s) to Santa Ana's Project Manager as necessary. Santa Ana Responsibilities: a, Maintain project communications with the WBC Project Manager. b. Manage the efforts of S4 involved staff and coordinate S4 activities with the WBC Project Manager. c. The Project Manager must ensure that their personnel have ample time, resources, and expertise to carry out their respective tasks and responsibilities. d, The Project Manager or his designee will participate in the status meeting with the WBC Project Manager on a monthly basis or as may otherwise be reasonably required to discuss project status. e. Provide timely responses, within ten (10) business days, to issues raised by the WBC Project Manager. f. Liaison with all Santa Ana -provided third -party vendors and associated systems. g. Ensure acceptable Change Orders are approved by authorized signature(s). h. Ensure acceptable Task Completion Letter(s) are approved by the Project Manager or his designee. I. Ensure timely payment of invoices. j. Ensure WBC access to server and network equipment and work areas on a 247 basis, with pre -authorization for off -hours. k. Provide workspace for WBC personnel as reasonably requested. 2501-37 SOW Format: Each task includes the following: Title, Objective, Task Description, Responsibilities and Completion Criteria. The tasks are depicted on the project schedule. All parties recognize that the SCOW is not formatted chronologically with contractual obligations defaulting to Project Schedule unless otherwise noted. Task 1: S4 2015 Marketing Roadmap Objective: Develop and present a 20-30 page Power Point plan that details all 2015 objectives, target audiences, strategies, tactics and timelines for outreach from February 16, 2015 through March 31, 2016. Task Description: This task includes creating, presenting and implementing a marketing road map that guides all marketing and promotional activities for the contract period. Responsibilities: WBC shall: a. Develop the plan (road map) and seek approvals from the Steering Committee. b. Execute the road map in accordance with approved plans. Santa Ana shall: a. Approve the plan, Completion Criteria: This task is considered complete upon the completion of the deliverables and when the Santa Ana Project Manager signs the task completion letter. Planned completion and invoicing will be in 01/2015, Task 2: S4 Stakeholder Meetinas and Promotions Objective: Update and manage campaign updates, administration and promotions to the steering committee and Santa Ana Project Manager through activities including, but not limited to, meetings, monthly activity reporting, regular communication and presentations to the Steering Committee. Task Description: Provide campaign and promotion updates to the Santa Ana Project Manager through daily and weekly phone calls, emails and meetings (as needed). Manage the ongoing reporting and measurement of campaign data including event impressions, media coverage, social media impressions and microlite traffic, among others, Maintain weekly and monthly communication with the Steering Committee, including at least one in-person meeting a quarter. Responsibilities: WBC shall: a. Coordinate and participate in at least one Steering Committee meeting a quarter. 25D-38 b. Provide daily, weekly and monthly campaign and promotion updates to the Santa Ana Project Manager. c. Manage the weekly and monthly reporting of campaign measurement. d. Manage ongoing expense tracker, budget and campaign schedule, e. Submit task completion letters with invoices to the Santa Ana Project Manager. Santa Ana shall: a. Approve campaign progress, updates and promotions. Completion Criteria: This Task is considered complete upon completion of the administrative deliverables and when the Santa Ana Project Manager signs the task completion letter, by Q4/2015. Task 3: 54 Outdoor, PSA and Earned Media Promotions Objective: Develop and implement a comprehensive media promotion program to maximize exposure of the S4 campaign through paid, sponsored and earned coverage through a combination of outdoor (bus shelters, buses, kiosks, billboards, etc.), print, online and broadcast media. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when budgeted sub -tasks have been completed in their respective entirety, Task 3-A: S4 Outdoor, PSA and Earned Media Promotion (Sarina 2015) Objective: Develop and implement a comprehensive media promotion program to maximize exposure of the 54 campaign through paid, sponsored and earned coverage through a combination of outdoor, print, online and broadcast media. Task Description: Design and produce aminimum of three graphic designs approved by the Project Manager with support from the S4 Steering Committee and then secure minimum of 20 combined paid - earned -sponsored media placements generating a minimum of two (2) million measured impressions. Responsibilities: WBC shall: a. Create and produce three graphic designs and secure a minimum of 20 media placements as described above. Santa Ana shall 25D-39 a. Review and approve the three graphics and the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables and when the Santa Ana Project Manager signs the task completion letter. Planned completion is Q2l2015. Task3-B-B: S4 Outdoor, PSA and Earned Media Promotion (Summer 2015 Objective: Develop and implement a comprehensive media promotion program to maximize exposure of the S4 campaign through paid, sponsored and earned coverage through a combination of outdoor, print, online and broadcast media. Task Description; Secure minimum of 2.0 combined paid -earned -sponsored media placements generating a minimum of two (2) million measured impressions. Responsibilities: WBC shall: a. Research and secure a minimum of 20 rnedia placements as described above. Santa Ana shall: a. Review and approve the secured media opportunities Completion Criteria: This task is considered complete upon the completion of the deliverables and when the Santa Ana Project Manager signs the task completion letter. Planned completion is Q312015. Task 3-C: S4 Outdoor, PSA and Earned Media Promotion (_Fall 20151 Objective: Develop and implement a comprehensive media promotion program to maximize exposure of the S4 campaign through paid, sponsored and earned coverage through a combination of outdoor, print, online and broadcast media. Task Description: Secure minimum of 20 combined paid -earned -sponsored media placements generating a minimum of two (2) million measured impressions. Responsibilities: WBC shall: a. Research and secure a minimum of 20 media placements as described above. Santa Ana shall: a. Review and approve the secured media opportunities Completion Criteria: 25D-40 This task is considered complete upon the completion of the deliverables and when the Santa Ana Project Manager signs the task completion letter. Planned completion is Q4/2015. Task 4: S4 Social Media and Microsite Management and Maintenance Objective: Update, manage and maintain the campaign social media channels and the KeepOCSafe.org microsite technical and content platforms 24/7 during the contract term. Both platforms will continue to support the campaign's public awareness and engagement activities. Task Description: See sub -tasks for specifics. Responsibilities; See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. Task 4-A; S4 Social Media & Microsite Management (Spring/Summer 2015) Objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe,org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement, This includes, but is not limited to, content research and updates, social media plan and protocol and tracking. Create and implement at least one Animoto presentation (online video/photo presentation). Host, maintain and refresh the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates, These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: a. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times a week b. Develop and produce one Animoto with approval from the Steering Committee. c. Most the KeepOCSafe.org microsite. d. Manage one technical and content microsite platform update a month. Santa Ana shall: 2501-41 a. Approve microlite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter in Q312015. Task 4-8: S4 Social Media & Microsite Management (Fall 2015Mdinter 2016 objective: Update, manage and maintain the campaign's social media channels technical and content platforms 24/7, all in accordance with the approved processes and protocols for each medium. In addition, update, manage and maintain the KeepOCSafe.org microsite technical and content platforms. The microsite will continue to support the campaign's public awareness and engagement activities. Task Description: Maintain the campaign's Twitter, Instagram and YouTube social media platforms through daily and weekly content updates, management, maintenance and measurement. This includes, but is not limited to, content research and updates, social media plan and protocol and tracking. Create and implement at least one Animoto presentation (online video/photo presentation). Hast and maintain the KeepOCSafe.org microsite through weekly and monthly technical and content platform updates. These include, and are not limited to, event and backpack display schedules, photos, media coverage, link updates and more. Responsibilities: WBC shall: Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times a week a. Share content including, but not limited to, videos, graphics, links and photos, via the campaign's Twitter, Instagram and YouTube platforms a minimum of 10 times per week. b. Develop and produce one Animoto with approval from the Steering Committee. c. Host the KeepOCSafe.org microsite. d. Manage one technical and content microsite platform update a month. Santa Ana shall: a. Approve microsite updates and management activities, along with social media platform elements. Completion Criteria: The task is considered complete upon the completion of deliverables and when the Santa Ana Project Manager signs the task completion letter no later than January 31, 2016. 25D-42 Task 5: S4 Materials and Resources Objective: Develop, produce and update campaign collateral and resource materials for use in all programming as appropriate. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. Task 5-A: S4 Collateral Materials Objective: Develop, produce and update campaign collateral materials for use in all programming as appropriate. Task Description: Manage the design, drafting, production and distribution of collateral materials in support of the S4 campaign initiatives. The materials that will be produced are: a. Updated S4 Consumer Handout, 2,000 total quantity b. S4 Color Sheets, 2,000 total quantity Responsibilities: WBC shall: a. Develop all materials and seek approvals from the Steering Committee b. Produce materials in accordance with Steering Committee approvals Santa Ana shall: a, Approve the collateral material elements. Completion Criteria: This task is considered complete upon delivery of the collateral materials and when the Santa Ana Project Manager signs the task completion letter. Completion is planned to occur by the end of Q3/2015. Task 5-13: 84 Resource Materials Objective: Develop, produce and update campaign resource materials for use in all programming as appropriate. Task Description: Manage the design, drafting, production and distribution of resource materials in support of the S4 campaign initiatives. The resource materials that will be produced are: 2501-43 a. S4 Ribbon Magnets, 1,000 total quantity. L S4 Additional Promotional Item (e.g. additional Ribbon Magnets, Rico the dog stickers), 1,000 total quantity. Responsibilities: WBC shall: a. Develop all materials and seek approvals from the Steering Committee. b. Produce materials in accordance with Steering Committee approvals. Santa Ana shall: a. Approve the resource material elements. Completion Criteria: This task is considered complete upon delivery of the collateral materials and when the Santa Ana Project Manager signs the task completion letter, Completion is planned to occur by the end of Q4l2015. Task 6: 54 Citizens & Community Outreach Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack at venues through the development and extension or promotional partners to build on the existing awareness of the campaign. Task Description: See sub -tasks for specifics. Responsibilities: See sub -tasks for specifics. Completion Criteria: This task is considered complete when all budgeted sub -tasks have been completed in their respective entirety. Task 6-A: S4 Citizens & Community Outreach (Spring/Summer 2015) Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack or another promotional element at venues through the development and extension of promotional partners to build on the existing awareness of the campaign. Task Description: Manage and staff (where appropriate) continued participation at least 6 community outreach festivals (e.g. Irvine Korean Festival) or giant red backpack staged promotion displays at notable Orange County venues or events (e.g. Orange County Fair). Activities Include: 25D-44 a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events, festivals and/or venues that S4 will participate in and/or staff in support of the campaign's messaging during Q1/Q2 2015. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 5 community events, festivals and/or giant red backpack venue displays throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include display of the giant red backpack, distribution of campaign materials promotional items and more. Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROG Steering Committee. b. Execute the outreach in accordance with the approved plan. Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and event fees. Completion is planned for the end of Q2/2015, Task 6-13: S4 Citizens & Community Outreach (FalllWinter 2015) Objective: Continue to conduct community and citizens' outreach to secure the campaign's presence at events and or display of the giant red backpack at venues through the development and extension of promotional partners to build on the existing awareness of the campaign. Task Description: Manage and staff (where appropriate) continued participation at least 6 community outreach festivals (e.g. Cypress Community Festival) or giant red backpack staged promotion displays at notable Orange County venues or events (e.g. John Wayne Airport). Activities include: a. Master Community & Citizen Events Calendar - create and manage a master annual calendar for all milestone events, festivals and/or venues that S4 will participate in and/or staff in support of the campaign's messaging during Q3/Q4 2015. b. Event Promotion & Staffing - promote and staff (as appropriate) up to 5 community events, festivals and/or giant red backpack venue displays throughout Orange County that are aligned with the Master Community & Citizen Events Calendar. Event activities may include display of the giant red backpack, distribution of campaign materials promotional items and more, Responsibilities: WBC shall: a. Develop the outreach and seek plan approval from the ROG Steering Committee b. Execute the outreach in accordance with the approved plan 10 25D-45 Santa Ana shall: a. Approve plan and promotional elements Completion Criteria: This task is considered complete upon the completion of the calendared event outreach and when the Santa Ana Project Manager signs the task completion letter. Formal calendaring of upcoming events will incur upfront logistics and eventfees. Completion is planned for the end of Q4/2015. 2501-46 T O (H Q f9 O fH O fR Chi FA O fPr O d3 O 6�} O EFJ O �F} O ft} O tp N � N (0 O N N � N N E E � } 0. Q g 4 O tY 2 j,,.. G yN f/l N z' n P2 O CL Z Q 0 w a w y LU O y d a Q LU 0 W M W q Z Q N O O O O It N 0. "UJ" Q 0- m � E w m ¢n a o '.,0O O <t cn O d m � N E w cc m Qn c,. 0 D O <r CO O 0 v 0 E2 2 a m 'Q N E w m a a o ''A O �r CO w z � o" o 4 Q p w 4 U O 4 z W N O a p N V) m G E w G g o N 0. m W - mmO u0 � ro v o u g 0 N C E G a N 0. m ° - � n ro � 0 o N1 w U W 0) a Z Q N J 6 W. Fw- V N m m 2 mo o U 42 `m m ` m w y w O z � m O V � N W N U V to N E N a U 0 .ti E 0 W N U N m U N 0 E 0 U � w U 4 0] W Q m 4 m 4 ¢1 N N N N N UI N 1x11 N F- N N q m m N W Y (tl Nn Q h FQ- 1Q Fes- H W H � 25D-47 N 25D-48 0 � IAGI I I ilk M 1 • CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT WITH THE COUNTY OF ORANGE FOR ANIMAL SHELTER SERVICES {STRATEGIC PLAN NO. 1, 3} ✓✓✓✓✓✓ CITY MANAG 55 I a= K91i7i1 Lrtl :Ii!h'i: e7_To 0 w CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached one-year agreement with the County of Orange to provide animal care shelter services for the period July 1, 2015 through June 30, 2016, in the amount of $1,135,400 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 6, 2003, the Council approved actions for the City's transition of operating its own shelter to the County of Orange Animal Shelter as a contracted service. At that time, City staff evaluated several options to provide animal care shelter services. It was determined that contracting with the Orange County Shelter was the most cost effective means of providing quality service to the City. Animal care shelter services include, but are not limited to, retention of impounded animals at the County's animal care shelter, display of animals to allow owner identification, sale or release of impounded animals to residents, animal evaluation for adoption, reasonable effort toward animal placement, public education, volunteer services, rescue group coordination, euthanasia and humane disposal of animals that are neither redeemed nor adopted. The agreement also includes veterinary services and spay and neuter, and necropsies of animals that die under suspicious circumstances or at the request of law enforcement. 25E-1 Animal Shelter Services Agreement June 16, 2015 Page 2 The FY 2015-2016 contract amount of $1,135,400 is an estimate based on the County's projection of our utilization of their services for the next fiscal year. The total actual payments to the County of Orange will be based on actual usage of the services. We have evaluated other shelters in the area and the County is the only one that can provide the service based on our utilization capacity. The County of Orange Animal Shelter has performed satisfactorily and staff recommends approval of the agreement. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds in the amount of $1,135,400 are budgeted and available in fiscal year 2015-16 upon Council approval of the proposed budget for fiscal year 2015-16 in the Police Department's Animal Services and Field Operations, Other Contractual Services account (account no. 01114430 62300). Carlos Rajas, ie of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E-2 I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 / 36 1 37 /, 0711 A-2008-313 AGREEMENT FOR PROVISION OF OC ANIMAL. CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA JANUARY 1, 2009 THROUGH JUNE 30, 2009 THIS AGREEMENT entered into this Ist day of January 2009, which date is enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California (COUNTY) and the CITY OF SANTA ANA, a municipal corporation (CITY). This Agreement shall be administered by County of Orange OC Community Resources (ADMINISTRATOR). WITNESSETH: WHEREAS, CITY wishes to contract with COUNTY for the provision of the OC Animal Care Services described herein; and WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions hereinafter set forth: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: ,/ 25E-3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 q y CONTENTS ,PARA RAPH PAGE EXHIBIT A I. Definitions....................................................................................................... II. Services to be Provided by County........................................................................ I Irl. Payments ........................................... 4 IV. Financial/Operational AdvisoryBoard..........:......................................................................... 4 V. Laws and Regulations ....................... VI. Reports....................................................................................................... 6 VTI. Records ........................................ EXHIBIT B Animal Care Notice of Intent ........................................• .. I Page ,Sarna Ana 2 of 7 7.:4AS 2105-00 f 795 CC Anirtmd Care Ntaslcr ASrcenranP�U�i�r1:tl Care Services NWtmDoc 25E-4 ACSICRAKK:, TitlePage., .................. ....... .................... Contents............................................................................................. Referenced. Contract Provisions, .................. I. Alteration of Terms ...................... ................................. 4 It. Indemnification and Insurance,,,,,,,,,,,,,,,,, III. Notices.............................................................................................................. IV. Severability 5 V. Status of the Parties ................................ VI. Term......................................................................................................................................... 6 VII. Termination .................................... ........... . VIII. Third Party Beneficiary ......................... 6 6 M. Waiver of Default or Breach ....................................:.........................................,.................... 6 SignaturePage............................................................ 7 EXHIBIT A I. Definitions....................................................................................................... II. Services to be Provided by County........................................................................ I Irl. Payments ........................................... 4 IV. Financial/Operational AdvisoryBoard..........:......................................................................... 4 V. Laws and Regulations ....................... VI. Reports....................................................................................................... 6 VTI. Records ........................................ EXHIBIT B Animal Care Notice of Intent ........................................• .. I Page ,Sarna Ana 2 of 7 7.:4AS 2105-00 f 795 CC Anirtmd Care Ntaslcr ASrcenranP�U�i�r1:tl Care Services NWtmDoc 25E-4 ACSICRAKK:, 0 I REFERENCED CONTRACT PROVISIONS 2 3 Term: JANUARY 1, 2009 through JUNE 30, 2009 4 5 Notices to COUNTY and CITY: 6 7 COUNTY: County of Orange 8 OC Community Resources 9 Director's Office 1770 North Broadway 10 Santa Ana, CA 92706-2642 11 and 12 County of Orange 13 OC Community Resources 14 OC Animal Care Director 15 561 The City Drive South 16 Orange, CA 92868 17 18 CITY: Cathy Standiford 19 Assistant City Manager 20 Citi' of Santa Ana 20 Civic Center Plaza 21 Santa Ana, CA 92701 22 23 /{ 24 /1 25 26 27 28 {/ 29 1/ 30 /{ 31 / 32 33 {{ 34 35 36 37 P Santa Feta 3 Of 7 L:4ASR'Qft-001791 OC Mimal Crve 1V705[ar AgreememkAnimal Care Serv1Qe5Nlasrer_Doe 25E-5 ACSICRAKK, I I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A and B, attached hereto and incorporated herein by 3 reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of 4 this Agreement, and shall constitute the total Agreement between the parties for these purposes. No 5 addition to, or alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless 6 made in writing and formally approved and executed by both COUNTY and CITY. 7 s IL INDEMNIFICATION AND INSURANCE 9 A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, 10 officers, employees, agents and those special districts and agencies for which COUNTY's Board of 11 Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, 12 demands, including defense costs, or liability of any kind or nature, including but not limited to personal 13 injury or property damage, arising from or related to the services, products or other performance 14 provided by CITY pursuant to this Agreement. Ifjudgment is entered against CITY and COUNTY by a 15 court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY 16 INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the 17 court. Neither party shall request a jury apportionment. is B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, 19 employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, 20 demands, including defense costs, or liability of any kind or nature, including but not limited to, 21 personal injury or property damage, arising from or related to the services, products or other 22 performance provided by COUNTY pursuant to this Agreement, If judgment is entered against 23 COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of 24 CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither 25 party shall request a jury apportionment 26 C. Each party agrees to provide the indemnifying party with written notification of any claim 27 related to services provided by either party pursuant to this Agreement within thirty (30) calendar days 28 of notice thereof, and in the event the indemnifying party is subsequently named party to the litigation, 29 each party shall cooperate with the indemnifying party in its defense. 30 D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain 31 in force at all times during the term of this Agreement, the policy or policies of insurance covering its 32 operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY 33 shall provide evidence of such insurance. 34 E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall 35 maintain in force at all times during the term of this Agreement, the policy or policies of insurance 36 covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY 37 shall provide evidence of such insurance. Sanm Fula 4 of 7 %:4158108-001795 ()C Ananal Cara Master AgreamenbAnimal Care Services �,IasterDa, 25E-6 ACSICRAKKx I III. NOTICES 2 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements 3 authorized or required by this Agreement shall be effective: 4 1. When written and deposited in the United States mail, first class postage prepaid and 5 addressed as specified on Page 3 of this Agreement or otherwise directed by ADMINISTRATOR or 6 CITY; 7 2. When FAXed, transmission confirmed; 8 3. When sent by electronic mail; or 9 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 10 Service, or other expedited delivery service. 11 B. Termination Notices shall be addressed as specified on Page 3 of this Agreement or as 12 otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission 13 confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel 14 Service, or other expedited delivery service. 15 C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming 16 aware of any occurrence of a serious nature, which may expose either party to liability. Such 17 occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or 18 damage to any COUNTY property in possession of CITY. 19 D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by 20 ADiMINISTRATOR. 21 22 IV. SEVERABILITY 23 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 24 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 25 federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or 26 the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain 27 in full force and effect, and to that extent the provisions of this Agreement are severable. 28 29 V. STATUS OF THE' ----TIES 30 Each party is, and shall at all times be deemed to be, an independent contractor and shall be wholly 31 responsible for the manner in which it performs the services required of it by the terms of this 32 Agreement. Each party is entirely responsible for compensating staff and consultants employed by that 33 party. This Agreement shall not be construed as creating the relationship of employer and employee, or 34 principal and agent, between COUNTY and CITY or any of either party's employees, agents, 35 consultants, or subcontractors. Each party assumes exclusively the responsibility for the acts of its 36 employees, agents, consultants, or subcontractors as they relate to the services to be provided during the 37 course and scope of their employment. Each party, its agents, employees, or subcontractors, shall not be Santa Ana 5 of 7 7 %ASR108-001795 CC Animal C,,e Master A-runmaat'Aoimal Care Services Mason, Doo 25E-7 ACSICRAKK,, M 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .32 33 34 35 36 i 37 / entitled to any rights or privileges of the other party's employees and shall not be considered in any manner to be employees of the other party. VI. TERM A. The term of this Agreement shall commence as specified on Page 3 of this Agreement. B. The term of this Agreement shall be automatically renewed each July for twelve (12) additional months, provided no notice of termination has been given by either CITY or COUNTY in accordance with the Termination paragraph of this Agreement. VII. TEItDiIINATION A.Either party may terminate this Agreement, without cause, upon six (6) months written notice given to other party. B. Both parties shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting, C. Any obligation of COUNTY under this Agreement is contingent upon the inclusion of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors. In the event such funding is subsequently reduced or terminated, COUNTY may terminate this Agreement upon thirty (30) calendar days written notice given to CITY. VH1. 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 clients provided services hereunder. IX, WAIVER OF DEFAULT OR DRE, ACH Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall not be considered a modification of the terms of this Agreement. Santa Ann 6 Of 7 Z:AASWN-001795 OC Animnl Care ,blaster AgreemenftAn anal Cnr Services hrastcr.Uuc 25E-8 ACSICRAKK,, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 UP P IN WTTNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. CPTY OF SANTA ANA, a municipal corporation i BY: i/ %�j DATED: CITY MANAGER I ATTEST: BY: DATED: _� •lrfl �UO9 CITY CLERK APPROVED AS TO FORM: BY: a r d Y eCC `�'ii'a G� DATED: 1h -//ry -=r CITY ATTRNEY _ COUNTY OF RA 8Y: TITLE: s� rC I C (��a✓Wc{ �G�� 1 APPROVED AS TO FORM: )FFICE OF THE COUNTY COUNSEL )RANGE COUNTY, CALIFORNIA DATED: -3 3y: DATED: _ DATED:_��/ 7<O DEPUTY _ Smra Ana 7 of 7 ZNM\06-001795 OC Animal Care Master Agreement\Animal Cere Servien.. Master Doc 25E-9 ACSICRAKKw 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 EXHIBIT A TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SANTA ANA JANUARY 1, 2009 THROUGH JUNE 30, 2009 1. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this Agreement. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services, and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph II.B. of Exhibit A to this Agreement. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this Agreement. E. "Fiscal Year" means a twelve (12) -month period from July through June. F. 'Net Cost" means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service category. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this Agreement, CITY would like COUNTY to provide during the next Fiscal Year. 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice of Intent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. 3. Upon mutual agreement of CITY and COUNTY, COUNTY may prepare anew or amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.I. and II.A.2. of Exhibit A to this Agreement, and may modify the format of the Animal Care Notice of Intent attached to this Agreement: as Exhibit B. Sava Ana I of 6 Z:,ASRl08-001795 OC Animal Care Mester AgreemenO Animal Care services Mastendoc 25E-10 EXHIBIT A ACSICRAKK, I B. ANIMAL CARE SERVICES -- COUNTY provides the following seven (7) categories of 2 Animal Care Services. Each category of service includes Service Details which may be added or 3 changed by ADMINISTRATOR upon six (6) months prior notification to CITY. COUNTY shall 4 provide to CITY the Animal Care Services specified on the most current, Animal Care Notice of Intent 5 for the Fiscal Year, signed in accordance with subparagraph ILA.2. of this Exhibit A to the Agreement. 6 1. ANIMAL CONTROL SERVICES — Animal Control Services include, but are not limited 7 to, emergency response service; patrolling; impounding of stray animals and of owner -released animals; 8 animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and 9 impound fee collection for impounded animals; quarantine activities including home checks of animals 10 involved in bites; site inspections required to comply with vicious dog ordinances; emergency 11 transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for 12 disposal; responses to requests for assistance from law enforcement and CITY officials regarding 13 suspected criminal activities or zoning violations related to animals; advice to residents regarding 14 wildlife management or other animal concerns, not to include wildlife eradication or relocation services; 15 injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; 16 customer support regarding animal licensing; animal license billing; and delinquent animal license 17 follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data 18 entry; and impound animal photography. 19 2. ANIMAL CARE SPECIAL SERVICES 20 a. Animal Care Special Services include, but are not limited to animal license issuance 21 and renewal; tee collection and payment services; customer support regarding animal licensing; animal 22 license billing; delinquent animal license follow-up; animal field canvassing to locate and license 23 unlicensed animals; inspection of animal -related businesses in CITY jurisdiction in response to 24 complaints and in accordance with COUNTY established inspection schedules; and when applicable, 25 issuance of animal permits for private homes. 26 b. The number of hours of canvassing provided to CITY by COUNTY will be prorated 27 based on available canvassing hours and CITY percentage of costs of Animal Care Services received by 28 CITY during the previous Fiscal Year. At sole discretion of COUNTY, COUNTY may provide 29 canvassing services to cities that did not receive canvassing services in the previous Fiscal Year, 30 COUNTY may change its methodology for allocating canvassing hours upon six (6) months prior 31 notification to cities. 32 3. ANIMAL CARE SHELTER SERVICES 33 a. Animal Care Shelter Services include, but are not limited to, retention of impounded 34 animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner 35 identification; contact of owners when animals are wearing identification; sale or release of impounded 36 animals to residents; animal evaluation for adoption; reasonable effort toward animal placement; public 37 education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are Santa Ann 2 of 6 7v3SW08-001795 OC Animal Care Master Agaemenr Animal Care Servicer Masmi doc 25E-11 EXHIBIT A ACSICRAKKm A A i s, I neither redeemed nor adopted; veterinary services and spay/neuter surgeries consistent with standards 2 established by the California Veterinary Medical Board; and necropsies on animals that die under 3 suspicious circumstances or at the request of law enforcement. 4 b. CITY may request additional retention days for healthy, non-aggressive impounded 5 animals. Additional retention days will be offered to CITY upon written approval by COUNTY's 6 OC Community Resources Director, or designee, on a space available basis only. 7 c. COUNTY agrees to maintain its Shelter in a humane maturer, keep said premises in a g clean condition at all times, and use humane methods of care, 9 d. No animals may be donated, sold or otherwise released for the purposes of 10 experimentation, research or vivisection. 11 4. BARKING DOG COMPLAINT SERVICES — Barking Dog Compliant Services include, 12 but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding 13 barking dog complaints, issuance of citations, and administrative hearings in response to complaints 14 received by COUNTY for barking dogs within jurisdiction of CITY. 15 5. STANDARD LICENSING SERVICES — Standard Licensing Services include, but are not. 16 limited to, animal license issuance and renewal, fee collection and payment services; customer support 17 regarding animal licensing; animal license billing; and delinquent animal license follow-up. 18 & CITY LICENSE SERVICES 19 a. City License Services include, but are not limited to, issuance of CITY animal licenses 20 at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY, 21 COUNTY shall provide quarterly licensing reports to CITY. 22 b. CITY shall make its best effort to provide updated animal licensing information to 23 COUNTY. 24 7. ANIMAL IMPOUND SERVICES — Animal Impound Services include, but are not limited 25 to, data entry of impound information for each live or deceased animal from CITY, impound animal 26 photography for each live animal, owner notification of impounded animal, and posting of animal 27 photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged 2g by COUNTY. 29 C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. 30 COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior 31 notification given to CITY. 32 D. Animals which are being retained for criminal prosecutions, except for violations of animal 33 control regulations and(or ordinances pursuant to this Agreement, are not to be construed as held 34 pursuant to the services provided under this Agreement; housing will be provided at the discretion of 35 COUNTY and at COUNTY's usual and customary charges for such housing. 36 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance 37 from CITY, its officers, agents and employees. Santa Ana 3 of6 EXHIBIT A Z: \ASRM-001797 OC Animal Care Master AgreemenV Animal Care Services Masrer.doc ACS ICMKK, 25E-12 1 III, PAYMENTS 2 A. BASIS FOR PAYMENT 3 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in 4 Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs 5 may include services/supplies procured but not yet delivered within the Fiscal Year, 6 2. The methodology for determining CITY's Actual Cost of Animal Care Set -vices shall be 7 provided to CITY annually in accordance with the Reports paragraph of this Agreement. The most g recent animal care services fees approved by the County of Orange Board of Supervisors shall be used in 9 determining CITY's Actual Cost of Animal Care Services. 10 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care I I Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care 12 Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation 13 from CITY to enable efficient enforcement of fee collection. 14 B. PAYMENT SCHEDULE 15 1, Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care 16 Services provided in accordance with the following payment schedule. Billings are due from COUNTY 17 to CITY within thirty (30) calendar days following the three-month Period specified below. 1s 19 Period Billing.Due Payment Due 20 July I through September 30 October 30 November 25 21 October 1 through December 31 January 30 February 25 22 January I through March 31 April 30 May 25 23 April I through June 30 July 30 August 25 24 25 2. If payment is not received by COUNTY by the payment due date specified above in 26 subparagraph III.B. of Exhibit A to this Agreement, COUNTY may cease providing any further service 27 under this Agreement and may satisfy the indebtedness in any manner prescribed by law. 28 3. COUNTY may modify the payment schedule upon six (6) months written notification to CITY. 29 30 IV, FINANCIAL/OPERATIONAL ADVISORY BOARD 31 The patties agree that there shall be a Financial/Operational Advisory Board to advise COUNTY's 32 Director of OC Animal Care on financial and operational matters, to assess cost options, and to 33 communicate with the Orange County City Managers Association. The Financial/Operational Advisory 34 Board shall be made up of seven (7) members, six (6) members appointed by the Orange County City 35 Managers Association and one (1) member appointed by COUNTY. COUNTY may change the 36 membership configuration of the Financial/Operation Advisory Board upon twelve (12) months written 37 notification to CITY. Santa Ana 4 of 6 7' ASM08-001795 OC Animal Care Mastcr Agreement` Animal Care Services Master. do, 25E-13 EXHIBIT A ACSICRAKKc I V. LAIk'S AND REGULATIONS 2 A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements 3 related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall 4 enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services 5 provided by COUNTY to CITY may be changed to comply with said laws, regulations, and 6 requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact 7 Animal Care Services provided through this Agreement. 8 B. Upon mutual agreement between COUNTY and CITY, COUNTY will continue to enforce 9 existing animal care ordinances that COUNTY enforced within CITY jurisdiction during the period 10 July 1, 2007 through June 30, 2008. If COUNTY did not contract with CITY for animal care services I I during the period July 1, 2007 through June 30, 2008, COUNTY and CITY shall identify CITY animal 12 care ordinances that can be enforced by COUNTY. 13 C. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care 14 Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY 15 ordinances which apply to said service, including but not limited to, those related to fees. 16 ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is 17 unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of 18 CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend 19 provision of one or all Animal Care Services to CITY or may terminate this Agreement. 20 D. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of 21 COUNTY animal care ordinances. COUNTY may enforce the provisions of, and issue citations for 22 violations pursuant to, CITY's codified ordinances. 23 E. CITY shall notify COUNTY of its intent to add, amend, or delete any CITY animal care 24 ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. 25 F. CITY may request that specific ordinances adopted by COUNTY not be enforced in CITY. 26 Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar 27 days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if 28 they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify 29 CITY, in writing, of COUNTY's decision regarding the requested exclusion. 30 0. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY 31 in defining the manner in which enforcement of a new or amended animal care ordinance would be 32 provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY 33 ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service 34 can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care 35 Notice of Intent to CITY which will include reference to the CITY ordinance. 36 H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the Payments 37 1 Paragraph of this Agreement. Santa Ana 5 of 6 Zr1ASR\08-001795 OC Animal Care Master ,AgmemenC Animal Care Services Master.doc 25E-14 EXHIBIT A ACSICRAKK,, I VI. REPORTS 2 A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care 3 Services revenue and expenses for each period specified below. Said reports will be due to CITY within 4 thirty (30) calendar days of the month following the reporting period, in accordance with the schedule 5 below: 6 7 Period Reports Due 8 July 1 through September 30 October 30 9 October 1 through December 31 January 30 to January I through March 31 April 30 11 April I through June 30 July 30 12 13 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY 14 by July 30: 15 1. A payment methodology report for Animal Care Services to be provided by COUNTY 16 during the next Fiscal Year and 17 2. A Fiscal Year intake and outcome report. 18 C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VLB, 19 above upon six (6) months written notification to CITY. 20 21 VII. RECORDS 22 A. All records created or received by COUNTY in accordance with the performance of COUNTY 23 services pursuant to this Agreement are confidential. COUNTY agrees to keep said records in such 24 form and manner as the Auditor -Controller of COUNTY shall specify. Said records shall be open for 25 examination by CITY at all reasonable times. 26 B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed 27 animal upon demand without additional expense or cost to CITY. Any such information requested which 28 is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to 29 government code. Prior to each disclosure, CITY agrees to complete and retum to COUNTY a 30 "Confidentiality Agreement" on a form approved or provided by COUNTY. The parties agree and 31 understand that this procedure is required by the Public Records Act and necessitated to permit CITY to 32 obtain the information required for its use, and to allow COUNTY to disclose said information. Upon 33 receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of 34 such records, and permitted by state law to disclose them voluntarily. 35 36 1 37 Sam, Amt 6 of 6 ZaASB108-001795 QC Animal Care tvlaster Apreemcmw Animal Care Services Mastcu.doc 25E-15 EXHIBIT A ACSICRAKK, EXHISIT'B TO AUREEMENT FOR. PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF SANTA ANA July 1, 2015 THROUGH June 30, 20'16 ANIMAL, CARE NOTICE: OF INTENT This Animal Care Notice of Intent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: July 1, 2015 through June 30, 2016. COUNTY agrees to provide to the City of SANTA ANA the fallowing Animal Care Services beginning July 1, 2015: Animal Care Shelter Services Animal Impound Services The total estimated cost for Animal Care Services specified above is S1,135,400 This is a new Animal Care Notice of Intent for the Period indicated above. This is an Amendment to an existing Animal Care Notice of Intent for the Period indicated. above. Significant Changes Since the Previous Animal Care Notice of traent: To the best of my knowledge, this notice specifies the Animal Care Services to be provided by COUNTY. See Attached June 16, 2015 City of SANTA ANA Representative and Title :Date OC Cormntmity Resources Director Date SANTA ANA 141 25E-16 [Animal Care Notice of Intent Signature Page] ATTEST: CITY OF SANTA ANA MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ByC7�G' �� •,�i Y�YL�_ Laura A. Rossini Senior Assistant City Attorney FOR APPROVAL: Carlos Rojas Chief of Police DAVID CAVAZOS City Manager 25E-17 25E-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT WITH SIEMENS FOR CITY OF SANTA ANA VIDEO SECURITY SYSTEM MAINTENANCE ENHANCEMENT PROGRAM (STRATEGIC PLAN NO. 1, 5) r, CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-11»000=15, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one-year agreement with Siemens for professional services and maintenance of the City's Video Security System for the period of June 1, 2015 through May 31, 2016, in an amount not to exceed $174,914, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for certain grant years, Santa Ana is responsible for purchasing equipment and providing training for the 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Critical Infrastructure & Key Resources (CIKR) protection as a priority for state and local jurisdictions. The Anaheim/Santa Ana Urban Area has funded all phases of a Video Security/Surveillance system for the Civic Center and Police Department within the City of Santa Ana. The project began with the installation of a 48 camera video security system at Santa Ana Police Department headquarters to harden and protect the perimeter of the facility. Phase I was completed in early 2012. Phase II included the installation of approximately 57 cameras in and around the OC Civic Center, creating a similar network to what exists at police headquarters. Due to the City of Santa Ana being the County Seat, the buildings and entities in the Civic Center are vital to the day-to-day operations of the City, County, State, and Federal governments. The Ronald Regan Federal Courthouse, U.S. Marshalls and Customs, California Appellate Court, Orange County Criminal Courts building, and the Santa Ana City Hall are all co -located within the OC Civic Center. The cameras installed in this phase connect into the Police Department's existing network, allowing for first-hand incident prevention, response, and management capability. The system is very complex and uses state-of-the-art video management technology. 25F-1 Agreement with Siemens for Video Security System Maintenance June 16, 2015 Page 2 Architecture and integration was implemented completely by Siemens. Without a comprehensive maintenance agreement, the Civic Center and Police Department risk losing the hardened security provided by the cameras. The video system's technical hardware and software require consistent updates and/or minor adjustments or replacements. Through this agreement, Siemens will provide test and inspection of equipment (quarterly), camera cleaning for all 105 system cameras (seven of which are located in intersections and will require bucket trucks), yearly renewal of the Milestone XProtect Software Upgrade Program, Sureview Immx Software, and Hiperwall Software, and priority repair or replacement of video surveillance system components, including cameras, radios, power supplies, switch equipment and cables. The agreement term will run from June 1, 2015 through May 31, 2016. The one-year agreement amount is $174,914. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety, Objective #5, (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds for this agreement are available in FY 2014 UASI Grant fund (no. 12514491-62300- 15422001182-3498) for fiscal year 2014-15 totaling $14,576. In addition funds for fiscal year 2015-16, upon Council approval of the proposed FY 2015-16 budget, are budgeted and will be made available in the amount of $160,338. 1�)&� Carlos Rojas Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25F-2 CIVIC CENTER VIDEO MAINTENANCE AGREEMENT THIS CIVIC CENTER VIDEO MAINTENANCE AGREEMENT is made and entered into this 1st day of June, 2015 by and between Siemen's Industry, Inc., a Delaware 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 video maintenance, providing an extended warranty for video equipment, and video equipment cleaning services for the Civic Center video monitoring system. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement which will include generally software maintenance, extended warranty repair and replacement coverage, preventative maintenance and equipment cleaning services. 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 one hundred and seventy-four thousand nine hundred and fourteen dollars ($174,914.00) during the term of this Agreement, Payment by City shall be made within forty-five (45) 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 May 31, 2016, unless terminated earlier in accordance with Section 15, below. The Agreement includes two (2) one (1) year options to renew exercisable upon mutual agreement of the parties. The term of this Agreement may be extended upon a 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 25F-3 provided in a manner consistent with all applicable standards and regulations governing such San/ices. 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. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal Injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of 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, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement. b. Business automobile liability insurance, or equivalent farm, 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 with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25F-4 (i) Consultant shall maintain all Insurance required above in full force and effect for the entire period covered by this Agreement. (it) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (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. 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. 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. 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. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. 25F-5 Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. 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. 11. 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. 12. 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 fax 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 Chief of Police City of Santa Ana 60 Civic Center Plaza (M-96) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 245.8007 25F-6 To Consultant: City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.C. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 Siemens Industry, Inc. 10775 Business Center Drive Cypress, CA 90630 Fax (619) 252-1306 Michael. Dietsch@siemens.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, 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. 13. 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 or the City, Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14, 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. 15. 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: As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product 25F-7 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. 16, 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. 17. 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. 18, 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. 19. CERTIFICATIONS The funds used to pay for this Agreement will be comprised of federal grant funds and the following certifications are required in compliance with federal grant funding rules. a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by MWDOC, the grant agency and/or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. b. Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. G. Section 504 of the Rehabilitation Act of 1973 (Handicapped - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives 25F-8 assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. d. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Match Act". f. Civil Rights Compliance and Notification of Findings - Recipient will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title 1X of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39, In the event a Federal or State court, federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to MWDOC which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice, 9. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. I. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U,S,C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as 25F-9 applicable. I. Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. M. Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement. n. Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. 20, 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney l3y: Laura A. Rossini Senior Assistant City Attorney 25F-10 RECOMMENDED FOR APPROVAL: Carlos Rojas Chief of Police SIEMEN'S INDUSTRY, INC. Eric Ackerman Area Fire Safety & Security Manager Tax ID# [Signatures for Civic Center Video Maintenance Agreement] 25F-11 Exhibit A Statement of Work and Proposal 25F-12 etsch ne SIEMENS Enterprise Account Execltve Southern California May 20, 2015 City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Reference: City of Santa Ana Security and Surveillance Maintenance Services Agreement (June 1, 2015 through May 31, 2016) 1. Siemens shall provide the extension of its Maintenance, Monitoring, Repair and Support Services (Siemens Service Program), at the City of Santa Ana, per this scope of services document. 2. Term shall commence on June 1, 2015 and expire on May 31, 2016. 3, Services agreement shall provide Software Maintenance Agreements for the following applications: a. Milestone XProtect Software Upgrade Program (SUP) b, Sureview Immx Software Annual Support and Maintenance (ASM) c. Hiperwall Software Maintenance Agreement (SMA) 4. Services agreement shall provide extended warranty "repair and replacement" coverage for the following systems and components: a. Milestone XProtect system i. Servers (2) b. Hiperwall Video Wall i. Servers H. Workstations (5) ill. Network switches (2) iv. Monitors (10) C. Sureview Immx i. Server d. Cameras (105 total cameras) e. Power Supplies f. Encoders g. Siemens supplied network switches L Cisco ii. HP h. Communication Radios i. Ubiquiti ii. Bridgewave i. All connections and mist cabling provided by Siemens. SOW Page I 1 25F-13 SIEMENS Michael Dletsch Enterprise Account Executive Southern California 5. Services agreement shall provide preventative maintenance services on a quarterly basis for the following systems: a. Test and Inspection i. Cameras ii. Encoders iii, Radios iv, Antennas v. Power Supplies vi. Network Equipment vii. Servers It. Cleaning I. Cameras (105) ii. Powersupplies Ili. Antennas Preventative Maintenance (test and inspect): Siemens shall provide quarterly inspections and testing on all covered equipment. Based on any abnormal findings, Siemens technicians will be authorized to replace parts or alter settings and programming to optimize the systems. All findings shall be provided in a quarterly report to the client. Siemens shall maintain quarterly reports, as part of client services program portfolio. Siemens will provide all system software updates, as part of annual preventative maintenance visits. All software updates are provided at no additional cost, with the valid software maintenance programs (included in this program). All items included in this service shall be clearly delineated in the scope of work document. Extended Warranty (Repair and Replace): Siemens shall provide added warranty coverage for the identified components of the clients system. Repair and replacement of worn, failed and malfunctioned equipment will be provided during normal business hours, with next day service response coverage times. Should the component be of critical or of an emergency nature, Siemens shall provide 4 hour response in diagnosing of issue and beginning of repair process. Siemens may provide temporary replacement from back -stock, if available. Siemens does not include back -stock equipment as part of this service. All afterhours and weekend services are covered under this agreement, when required. Siemens reserves the right to determine between emergency and urgent request nature of all calls, under this agreement. Systems Integrity/ Compliance Monitoring and Diagnostic Reporting: Siemens to provide real- time 2417 monitoring of system components (servers and storage, core network and edge network components). Health monitoring of system is critical to the maintenance of State mandated archiving requirements. Siemens utilizes network monitoring to maintain reliability, uptime, optimized configurations of hardware and software, and for diagnostic reporting that reduces life cycle costs to the system. Video Archiving Warranty: Siemens to provide required storage for maintaining compliance with California Government Code 34090.6. Increase in storage will be managed by Siemens on project by project basis. Diagnostic Reporting will provide data reports in support of storage calculations on quarterly basis and will be presented to SAPD system manager. SOW Page 12 25F-14 SIEMENS Michael Dietsch Enterprise ACcount Executive Southern California • Siemens pricing assumes execution of preventative maintenance and cleaning services to be performed during normal business hours. • Siemens excludes all equipment not supplied and installed by Siemens, unless explicitly stated in this scope of work. Such items may include (but not limited to) Cisco Network Switches provided by others, Promise storage arrays, servers and workstations not included in coverage material list. Siemens has extended warranty on Siemens supplied equipment. • Siemens' Integrityl Compliance Monitoring and Diagnostic Reporting service is provided utilizing Siemens' cloud -based services. All software and hardware is maintained by Siemens. - Siemens excludes all foliage control, as may be required for radio communication. - All permits and submittals to city, or local AHJ, are by others and excluded from this scope of work. Siemens maintains HP OEM Partner status, Milestone Platinum Partner status and Cisco Gold Certified status. Service and maintenance is executed by appropriately trained service engineers. • Storage Expansion Equipment per Siemens Proposal# 052215-09434-0278. Siemens requires signed agreement or acceptable client Purchase Order, prior to all work commencement, including parts acquisition or project mobilization. Base Services Program (expiring May 31, 2015); $ 66,360.00 Services Escalation (4%): $ 2,654,00 New Services and Coverage; $105,900.OD Hiperwall Software Maintenance Agreement $ 4,300.00 lliperwcdlequipment wurmnty(repalr&replace); $10,810.00 SoreviewSMA(includes lapsed coveragefromNov2014): $16,100.00 Milestone SUP increases: $1,200.00 Siemens Program ManagementandCoverage Expansion: $9,490.00 Storage Expansion Hardware and services: $64,000.00 City of Santa Ana Security and Surveillance Maintenance Services Agreement (lune 1, 2015 through May 31, 2016) ............................................. ....$174,914.00 .......................... SOW Page 13 25F-15 Exhibit B Sample Additional Insured Endorsement 25F-16 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701, (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Insured Countersigned by Authorized Representative 25F-17 25F-18 CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: • I A• i..W. • • rr, �,. • CITY MA GER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1y` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1;91 W1111 a7 7 Authorize the City Manager and the Clerk of the Council to execute the attached five-year agreement with U.S. Immigration and Customs Enforcement for jail housing services, for the period July 1, 2015 to June 30, 2020, at the per diem rate of $105 per inmate (this is the first increase in nine years and represents a 28% increase in the per diem), subject to non - substantive changes approved by the City Manager and City Attorney. M-4-H-00Owl The City of Santa Ana has had an agreement with U.S. Immigration and Customs Enforcement (ICE) since 2006, and has provided housing for federal detainees awaiting immigration proceedings. The per diem rate for this service has been $82.00 since 2006. In accordance with Jail cost recovery strategies, a new per diem rate of $105.00 has been negotiated, which reflects the cost of providing services that include: continued safe and secure housing, increased medical care, and access to a variety of education and recreational programs. ICE Personnel also conduct mandated reviews of the jail facility to ensure it is being complaint with applicable ICE Federal Detention Standards for the safe and humane housing of detainees. Detainees held in the jail facility are provided immediate access to ICE personnel for case inquiries and also have access to non-profit and legal organizations specializing in immigration proceedings within the immediate local area. This rate increase will generate an additional $1.5M to 1.7M per year based on an average daily population of 175 to 200 detainees, and was included in the FY 2015-16 Jail Revenue projections. The agreement is effective July 1, 2015 through June 30, 2020, and can be terminated by either party for any reason with the written notice of 90 days in advance of termination. 25G-1 U.S. Immigration and Customs Enforcement Agreement June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and Identify short- and long-term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency). FICAL IMPACT Funds for this agreement will be deposited in the Police Department Jail Facility Rental account (no. 01114002 57460) for fiscal year 2015-16 through fiscal year 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Chief of Police Executive Director, Finance & Mgmt. Services _ r(A Santa Ana Police Department 25G-2 EROIGSA-15-0007 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U,S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND CITY OF SANTA ANA This Intergovernmental Service Agreement ("Agreement") is entered into between United States Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and City of Santa Ana, ("Service Provider") for the detention and care of aliens ("detainees"). The term "Parties" is used in this Agreement to refer jointly to ICE and the Service Provider, FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institution(s): City of Santa Ana Santa Ana Jail 60 Civic Center Plaza Santa Ana, CA 92701-4058 The following documents constitute the complete agreement: • Intergovernmental Service Agreement (IDSA) r Proposal dated 03/20/2013, as revised dated 05/29/2015, incorporated herein by reference • Attachment I - PBNDS 2011 OPTIMAL PROVISIONS • Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts • Attachment 3 - Wage Determination Number: 2005.2047, Dated 12/22/2014 + Attachment 4 — Incorporation of DHS PREA Standards • Attachment 5 — Staffing Plan 4/12112 25G-3 IN WITNESS Wuumr, or, the undersigned, duly authorized officers, have subscribed their names on behalf of the City of Santa Ana and Department of Homeland Security, U.S. Immigration and Customs Enforcement. ACCEPTED: U.S. Immigration and Customs Enforcement Roberta Halls Contracting Officer Signature: Date: ACCEPTED: ATTEST: MARIA HUTZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini S enior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJ. Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager 25G-4 A/12/12 EROIGSA-15-0007 Intergovernmental Service Agreement (IDSA) Table of Contents: Article1. Purpose................................................................................................................. 3 Article2. General............................................................................................................... 3 Article 3. Covered Services................................................................................................. 4 Article 4. Receiving and Discharging Detainees................................................................ 6 Article 5, ICE Performance -Based National Detention Standards and Other Applicable,,, 7 Standards Article6. Medical Services................................................................................................. 7 Article 7. Employment Screening Requirements............................................................... 12 Article8. Period of Performance....................................................................................... 13 Article 9, Inspections, Audit, Surveys, and Tours .......... ....................................... ..,...... .. 13 Article 10. Modifications and Disputes............................................................................... 14 Article 11. Adjusting the Bed Day Rate............................................................................ 15 Article 12. Enrollment, Invoicing, and Payment................................................................ 15 Article13, ICE Furnished Property ...... ........ ........................................ — ....................... .... 17 Article 14, Hold Harualess Provisions................................................................................. 17 Article15, Financial Records............................................................................................ 18 Article16. Transportation (if applicable)..........................................................................18 Article17, Guard Services .................................................................................................. 22 Article 18. Contracting Officer's Representative (COR) ................................................... 23 Article 19. Labor Standards and Wage Determination ............................................ .......... - 23 Articlo 20. Notification and Public Disclosures.................................................................. 23 Article 21. Incident Reporting............................................................................................ 24 Article 22. Detainee Privacy................................................................................................ 25 Article 23. Zoro Tbleranoe for Sexual Harassment, Abuse, and Assault ............................ 25 Article 24. Detainee Telephone Services(DTS).................................................................. 26 Article 25. Government Use of Wireless Communication Devices ................................... 27 Axticlo 26, Certified Cost and Pricing Data......................................................................... 27 Article 27. Combating Trafficking in Persons—., ................................................................ 35 Article 28. Order of Precedence........................................................................................... 37 25G-5 ERDIGSA-15-0007 Article 1. Purpose A. Purpose: The purpose of this Inter -Governmental Service Agreerent (IGSA) is to establish an Agreement between ICE and the Service Provider for the provision of the necessary physical strLiQture, equipment, facilities, personnel, and services to provide a program of care in a properly staffed and secure environment under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are "Administrative Detainees." This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful final order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body, B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Service Provider shall provide all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the Agreement and onsure that the safekeeping, housing, subsistence, medical, and other program services provided to ICE detainees housed in the facility is consistent with ICE"s civil detention authority, the PWS, IGSA requirements and ICE standards referenced in this agreement. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from. ICE at the rate prescribed in Article I C. C. Rates: This is a fixed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for up to 200 detainees, ICE will be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standard's in arriving at the bed day rate. Bed Day Rate $105,00 per detainee Article 2, General A. Commencement of Services: ICE is under no obligation to utilize the facilities identified herein until the need for detention services has been identified, funding has been identified and made available, and the Facility meets ICE requirements, and is in compliance with ICE 2011 Pei*nnanco�Based National Detention Standards (PBNDS). Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing. *Should there be a need for a ramp -up plan, the effective start of the plan is from the date of the first detainee presented far housing, B. Fundin • The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal fiords, ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have 25G-6 EROIGSA-15-0007 been identified and funding obligated, Performance under this Agreement is not authorized until the Contracting Officer issues an order in writing. The effective date of the services will be negotiated and specified in this Agreement. The S ervice Provider shall be prepared to accept detainees immediately upon issuance of task order in accordance with the agreed upon ramp -up plan. C, Subcontractors; The Service Provider shall notify and obtain approval from the ICE Contracting Officer if it intends to house ICE detainees in a facility other than the [Facility Name], If either the Facility or any future facility is operated by an entity other than the Service Provider, ICE will treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer's approval before subcontracting the detention and care of detainees to another entity, The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subcontractor, Upon approval by the Contracting Officer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service .Provider, ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IDSA. D, Consistent with Law: This is a firm fixed rate Agreement, not a cost reimbursable Agreement. This Agreement is permitted under applicable statutes, regulations, policies and judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Article . Covered Services A, Bedspaces The Service Provider shall provide and operate up to 200 bed adult civil detention facility. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc), ICE will be financially liable only for the actual detainee days as defined in Paragraph C of Article 3. B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and otber services in accordance with this Agreement. In providing these servioes, the Service Provider shall ensure compliance with all applicable laws, regulations, fire and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other imitates, If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COR or designated ICE official. ICE will remove the juvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability; The unit of set -vice is called a "Bed Day" and is defined as one person per day. The bed daybegins on the date of arrival, The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service 25G-7 ERMSA-15-0007 Provider shall not charge for costs that are not directly. related to the housing and detention of detainees. Such unallowable costs include but are not limited to, i) Salaries of elected officials 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of all local government costs are pro -rated and applied to individual departments runless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized. by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of financing/rofinancing, except as prescribed by OMB Circular A-87, 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies D. Interpretive/Translation Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through a toll free line. The Service Provider shall provide all instructions verbally, either in English or the detainees' language, as appropriate, to detainees who cannot read. E. Escort and Transportation Services: The Service Provider shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services shall be required for escorting detainees to court hearings; escorting detainees who are witnesses to the courtroom and, staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least two (2) qualified sworn law enforcement or correctional officer personnel employed by the Service Provider render their policies, procedures and authorities. F. No ICE Liability for Failure to Meet Minirnurn Guarantee: ICE will not be liable for any failure to meet the minimum or population guarantee if such failure results directly from an occurrence that impairs the ability of ICE to use the facility's capacity, and such occurrence arises out of causes beyond the control and without the fault or negligence of ICE. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, freight embargoes, court orders and extraordinarily severe weather. This provision becomes effective only if ICE immediately notifies the Provider of the extent and nature of the occurrence resulting in the failure and takes all reasonable steps to limit any adverse effects required by the occurrence. 25G-8 EROIGSA-150007 Article 4. Receiving and Discharging Detainees A. Required Activity The Service Provider shall receive and discharge detainees only to and from properly identified ICE/ERO personnel or other properly identified Federal law enforccmant officials with prior authorization from ICE/ERO. Presentation of U.S, Government identification will constitute "proper identification," The Service Provider shall famish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week, ICE will furnish the Service Provider with reasonable notice of receiving and discharging detainees, The Service Provider shall ensure positive identification and recording of detainees and ICE officers, The Service Provider shall not pennit medical or emergency discharges except through coordination with on -duty ICE officers. B. Erneraenpv Sihiatinns' ICE detainees shall not be released from the Facility into the custody of other Federal, state, or local officials fir any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees; The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or in response to a federal writ of habeas corpus, If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COR or designated ICE official immediately regarding any such requests. D. Safe Release; The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one rni le from, public transportation, shall transport detainees to local bus/train/subway stations prior to the time the last bus/train leaves such stations for the day. If public transportation is within walking distance of the detention facility; detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for any'detainae who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health of safety of the detainee, Upon. release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior, to their release, detainees shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non -institutional clothing and footwear, weather appropriato, for their final destination, E. Service Provider Right of Refusal. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a valid justification and agreed to by the COR. Examples of such justification are: any detainee exhibiting violent or disruptive behavior, or any detainee found to have a. medical condition that requires 25G-9 EROIGSA-15-0007 medical care beyond the scope of the Service Provider's health care provider. In the case of a, detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee, F, Emernencv Evacuation, In the event of an emergency requiring evacuation of the Facility, the Set vice Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained tinder the Service Provider's authority. The Service Provider shall notify the ICE COR or designated ICE official within two (2) hours of evacuation. Article 5, ICD Performance -Based National Detention Standards and Other Applicable Standards A. The Service Provider shall house detainees and perform related detention services at a minimtttrt in accordance with the 2011 edition of ICE Performance Based National Detention Standards (PBNDS), including all optional requirements (Attachment 1), unless otherwise specified in this agreement, The complete set of standards applicable to this procurement is available from the following website; letup://www ices/datention- standards/2Q11„Z and are incorporated herein. ICE Inspectors will conduct periodic inspections of the Facility to assure compliance with the ICE PBNDS. B. If a change in the standards identified herein results in a documentable financial impact to the Service Provider, the Service Provider must notify the Contracting Officer within five (5) days of receipt of the change and request either 1) a waiver to the Standards or, 2) negotiate a change in per diem, providing a detailed justification or explanation of additional costs precipitated,. C. The Set -vice provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care (NCCHC), and the requirements applicable to detention facilities contained in Subpart A of the U.S. Department of Homeland Security (DHS) Regulation titled "Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities,” 79 .Fed. Rog. 13100 (Mar. 7, 2014), as outlined in Attachment 4. Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards conflict with ICE Policy or Standards, ICE Policy and Standards will prevail. If any requirements of the DHS PREA standards conflict with the terms of the 2011 PBNDS, the DHS PREA standards shall prevail, Article 6. Medical Services A. The Service Provider shall be responsible for providing health care services for ICE detainees at the Facility in accordanoe with the 2011 PBNDS, including but not limited to: intake arrival screening, tuberculosis testing and symptom screening, on-site sick call, 25G-10 BROIGSA-15-0007 chronic care, over the counter and prescription medication and durable medical equipment and medical supplies. B. In the event of an emergency, the Service Provider shall proceed immediately with providing necessary medical troahnent. In such event, the Service Provider shall notify ICE immediately regarding the nahue of the transferred detaince's illness or injury and type of treatment provided, The costs of all emergency medical services provided off-site will be the responsibility of ICE Health Service Corps (IHSC), At no time shall the Service Provider or detainee incur any financial liability related to such services. The primary point of contact for obtaining pre -approval for non -emergent care as well as the post approval for emergent care will be the IHSC FMC assigned to this location. C. The Service Provider shall furnish a twenty-four (24) hour/seven day per week emergency medical care contact list which must include local hospitals and other offsito service providers. The Service Provider shall ensure they have access to an offsite emergency medical provider at all times. D. The Service Provider must maize available a facility emergency evacuation procedure guide that includes any patients currently housed in a medical/mental health housing area including any isolation rooms as well as other special housing areas within the facility, E, A Rill copy of a detainee's medical records shall be transferred with the detainee upon request of the detainee, unless extenuating circumstances make this impossible in the case of transfer to an [GSA, in which case the full medical record will follow as soon as practicable. A medical transfer summary shall also accompany the detainee outlining necessary care during transit that includes current medications, medical precautions, tuberculosis testing and evaluation status, equipment needed, and appropriately authorized methods of travel. F. The Service Provider shall ensure that all health care providers utilized for ICE detainees hold current licenses, certifications, and/or registrations within the State and/or City where they treat our detained population., The Service Provider shall retain, at a minimum, staffing levels as approved by IHSC at the time of implementation of this contract, Cr. The Service Provider shall furnish onsite health care under this Agreement as defined by the Facility Local Health Authority (usually the Health Administrator) and as approved by the ICE Health Authority on the effective date of this Agreement. The Service Provider shall not charge any ICE detainee a fee or co -payment for medical services or treatment provided at the Facility, The Service Provider. ,shall ensure that ICE detainees receive no lower level of onsite medical care and services than as spelled out in 2011 PBNDS. II. Onsite health care personnel shall perform Wtial medical screening within (12) hours of arrival to the Facility, Arrival screening shall cover all elements required by PBN'DS 2011, including, at a minimum, all questions captured on the IHSC 795-A or equivalent. 25G-11 BROIGSA-15.0007 Required testing for TB infection and/or disease using any Food and Drug Administration (FDA) approved method, and recording the history of past and present illnesses (mental acid physical, dental, pregnancy status, history of substance abuse, screening questions for other iufeetious disease, and current health status). Initial screening will also oontain height, weight, and a complete set of vital signs (BP, P, T). Blood sugar and 02 readings may be necessary dependent upon specified diagnosis or current medical concern, L The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and in accordance with 2011 PBNDS, National Commission on Correctional Health Care (NCCHC), and ACA standards with the expectation to provide custody oversight and medication as needed. J, A full health assessment to include a history and hands on physical examination shall be completed within the first 14 days of detainee arrival unless the clinical situation dictates an earlier evaluation, Detainees with chronic medical and/or mental health conditions shall receive prescribed treatment and follow-up care with the appropriate level ofprovider and in accordance with PBNDS 2011, the FRS, National Commission on Correctional Eealth Care (NCCHC) and ACA standards based on which standards are applicable under this agreement. In addition, any juvenile (pediatric or adolescent) seen for a scheduled medical, dental or mental health appointment will have a weight, blood pressure, temperature, and pulse taken and recorded In the record. This does not include the weekly mental health wellness check conducted for each juvenile, K. If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, serious contagious disease, condition needing life support, uncontrollable violence, or serious mental health condition), the Service Provider shall notify ICE through the Field Office representative. Upon such notification, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee, L. The Service Provider shall release any and all medical information for ICE detainees to the IHSC representatives upon request, The Service Provider shall submit a Medical Payment Authorization Request (McdPAR) to IHSC for payment for off-site medical care (e.g. offsite lab testing, eyeglasses, prosthetics, hospitalizations, emergency visits). The Service Provider shall enter payment authorization requests electronically as outlined in the MedPAR User Guide: https://na.edpar.ehr-icehealth ora/. A, The Health Authority of the Service Provider shall notify the ICE contact and/or FMC as soon as possible if emergency erre was obtained off site; and in no case more than seventy-two (72) hours after detainee is in receipt of such care, Authorized payment for all offsite medical services for the initial emergency need and for medical and/or mental health care required beyond the initial emergency situation will be made by the Veterans 25G-12 EROIOSA-15-0007 Administration Franchise Service Center (VA FSC) on behalf of IHSC directly to the medical provider(s). IHSC VA Financial Services Center PO Box 149345 Austin, TX 78714.9345 Phone: (800) 479-0523 Pax: (512) 460-5538 B. The Service Provider shall allow IHSC Field Medical Coordinators, Managed Care Coordinators or any ICE personnel reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local ICrSA Health Authority and associated Service Provider departments in accordance with HIPAA Privacy exception at 45 CF.R. §§ 164,512 (k)(5)(i). C. The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its sub -Service Provider/vendor upon request from the Contracting Offrccr's Representative or Contracting Officer in accordance with HIPAA Privacy exception at 45 C.P.R. §§ 164.512 (k)(5)(i), which allows disclosure without consent to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual i:F the correctional 'institution or such law enforcement official represents that such protected health information is necessary for: a. The provision of health care to such individuals; b. The health and safety of such individual or other inmates; e. The health and safety of the officers or employees of or others at the correctional institution; A The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; c. raw enforcement on the promises of the correctional institution; f. The administration and maintenance of the safety, security, atad good order of the correctional institution; and g. Conducting a quality improvement / quality of care review consistent with an established quality improvement (medical quality management) program and interfacing with the IHSC quality improvement program consistent with federal, state, and local laws, Q. Tuberculosis Screening The Service Provider will perforin TB screening as part of the routine intake scroemug, within 12 hours of detainee admission, early detection of any detainee suspected of having TB disease. TB screening will include, at a. minimum, TB symptom screening and testing for T13 infection and/or disease using any Food and Drug Administration 10 25G-13 EROIGSA-15-0007 (PDA) approved method, Detainees who have symptoms suggestive of TB disease will be immediately placed, in an airborne infection isolationn room and promptly evaluated for suspected TB disease. Detainees who are initially tested using a test for TB infection [TB skin test (TST) or interferon gamma release assay (IGRA)] and result with a TST interpretation or IGRA positive for TB infection and no symptoms suggestive of TB disease must be evaluated with a chest radiograph within 5 days after the TST is interpreted or IGRA result is received, Detainees who are identified with confirmed or suspected active TB (e.g,, symptoms suggestive of TB or chest radiograph suggestive of TB) will be placed in a functional airborne infection isolation room and managed in accordance with the PBNDS and all applicable CDC guidelines, http://www.cdc.govltb/inviblieations/ uidelines/default.htrn. It is not necessary to house detainees separately from the general population unless there is clinical or radiographic evidence suggestive of TB disease. If chest x-rays are performed on-site, they will be performed by a trained and qualified health care provider and interpreted by a credentialed, radiologist, There will be a non -punitive process in place for detainees who refuse the screening assessment for TB. The Service Provider will notify IHSC andthe local health dep,, tment of all detainees with confirmed or suspected TB disease, including detainees with clinical or radiographic evidence suggestive of TB. Notification shall occur within one working day of identifying a detainee with confirmed or suspected TB disease. Notification to local health departments shall identify the detainee as being in ICL! custody and shall include die alien number with other identifying information. For detainees with confirmed or suspected TB disease, the Service Provider will coordinate with IHSC and the local health department prior to release to facilitate release planning and referrals for continuity of care. The service provider will evaluate detainees annually for symptoms, consistent with TB, within one year of the previously documented'113 evaluation. For detainees initially screened with a TST or IGRA with a negative result, annual evaluation will include testing with the same method as previously used. For detainees initially evaluated with a chest radiograph interpreted as not suggestive of TB disease, routine annual chest radiograph is not recommended. R, Radiology Service Provider If the service provider utilizes tele -radiology for Tuberculosis screening, the requirQmeut should be built into the established bed day rate for this IDSA. Airborne precautions In order to prevent the spread of airborne infectious disease or cross contamination of zones within the facility, it is preferred that the HVAC system in the intake screening area will be designed to exhaust to the exterior and prevent air exchange between the I 25G-14 BROIGSA-15-0007 intake screening area and any other area within the facility (see CDC guidelines littpZ/www.cdc, ov/tb/pu�licaCionvs/guidelines/Correctivuallrltlml Article 7. Employment Screening Requirements A, General, The Service Provider shall certify to the Contracting Officer that any employees performing under this Agreement, who have access to ICE detainees, will have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. B. Employment Eligibility. Each employee working on this contract shall successfully pass the DHS Employment Eligibility Verification (E -Verify) program operated by USCIS to establish work authorization. The E -Verify system, formerly known as the Basic Pilot/Employment Eligibility Verification Program, is an hntemet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E -Verify represents the best means currently available for employers to verify the work authorization of their employees. Each employee working on this contract shall have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any subcontractor(s) and their employees. Subject to existing law, regulations and/or otherprovisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor, or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. C. Security Manasement. The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the OPR-PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements, 12 25G-15 EROIGSA-15-0007 Article 8, Period of Performance This Agreement becomes effective upon the date of final signature by the ICE Contracting Officer and the authorized signatory of the Service Provider and will remain in effect for a period not to exceed 60 months unless extended by bi-lateral modification or terminated in writing by either parry. Either party must provide written notice of intention to terminate the agreement, 90 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period reader the procedures prescribed in Article 11. If this Agreement is terminated by either party under this Article, CCE will be raider no financial obligation for any costs after the date of termination. The Service Provider will only be paid for services provided to ICE up to and including the day of termination. Article 9. Inspections, Audit, Surveys, and Tours A. Facility. Ins ections: The Service Provider shall allow ICE or an entity or organization approved by ICE to conduct inspections of the Facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by ICE. No notice to the Service Provider is required prior to an inspection, ICE will share findings of the inspection with the Service Provider's Facility Administrator. The hlspection Report will state any improvements to facility operation, conditions of confinement, and level of service that will be required by the Service Provider. B. ICE will not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE will remove all detainees from the Facility within seven (7) calendar. days, Any minimum guarantee stated elsewhere in this Agreement is no longer applicable if detainees are removed as a result of two overall ratings less than acceptable. No further fiords will be obligated and no further payments will be made, C. Possible Termination: If the Service Provider, after being afforded reasonable time to comply, fails to remedy deficient service identified through au ICE inspection, ICE may terminate this Agreement without regard to any other provisions in this Agreement. D. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. The Service Provider shall cooperate fully with the Detention Service .Manager (DSM). E. Aocess to Detainee and Facility Records; The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee hold pursuant to this Agreement. This right of access includes, but is not, limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in the Service Provider's custody; provided, however that access to medical and mental health record information be provided in accordance with Article VI. Furthermore, the Service Provider shall retain ail records where this right of access 13 25G-16 EROIGSA-15-0007 applies for a period of two (2) years front the date of the detainee's discharge from the Service Provider's custody, This right of access specifically applies to all inspections and other Facility reports. Article 10. Modifleatious and Disputes A. Modifications,, Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may roquest a modification to this Agreement by submitting a written request to the other Party, A modification will become a part of this Agreement only after the ICE Contracting Officer has approved the modification in writing. 13, Chance Orders; 1, The Contracting Officer may under at any time, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreeinetit in any one or more of the following: (a) Description of services to be performed, including revisions to the applicable Detention Standards. (b) Place of performance of the services. 2. If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Officer will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a, proposal addressing the cost impacts and detailed supporting data, 4, If the Service Provider's proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Officer, the Contracting Officer will disallow those costs when determining a revised rate, if any. 5, Failure to agree to any adjustment will be a dispute tinder the Disputes section of the Agreement, However, nothing in this Article excuses the Service Provider from proceeding with the Agreement as changed, C. Disputes: The ICE Contracting Officer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement, Settlement of disputes will be memorialized in a written modification between the ICE Contracting Officer andauthorized signatory of the Service Provider. In the event a dispute is not able to be resolved between. the Service Provider and the ICE Contracting Officer, the ICE Contracting Officer will make the final decision, If the Service Provider does not agree with the final decision, the matter may be appealed to the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may ernploy all methods available to resolve the dispute including alternative dispute resolution techniques. The 14 25G-17 EROIGSA-15-0007 Service Provider shall proceed diligently with performance of this .Agreement pending final resolution of any dispute, Article 11. Adjusting the Bed Day hate ICE will reimburse the Service Provider at the fixed detainee bed day rate shown in Article I paragraph C. The Service Provider may request a rate adjustment no less than thirty-six (36) months after the effective date of the Agreement unless required by law (see Article 19), After thirty-six (3 6) months, the Service Provider may request a rate by accessing the link at httns://ed,es.usdoj gov,/aiee/ for access to the ICE Automated Intergovernmental Agreement (e.IGA) System for instructions on preparing the Jail Operating Expense Information Form. There is a Facility Guide available on the website to assist you. The Parties agree to base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. If ICE does not receive an official request for a bed day rate adjustment that is supported by the information submitted through the eIGA System, the fixed bed day rate as stated in this Agreement will be in place indefinitely. ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All tatc adjustments are prospective, As the bed day rate is fixed, there are no retroactive adjustment(s). Article 12. Enrollment, .Invoicing, and Payment A, Enrollment in.EIeotronic funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their financial institution and related information on Standard Form 3 88 1, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form http://www fors trees uovlpdf/3881 p4 The Service Provider sb. all, submit a completed SF 3881 to ICE payment office prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment office. B Consolidated lnvoicina: The Service Provider shall submit an original monthly itemized invoice within the first ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: 1. By mail: Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495.1620 ATTN: ICE-ERO/FOIA-FLS 15 25G-18 EROIGSA-15-0007 2. By fax: (include a cover sheet with point of contact and number of pages) 802-288-7658 3, By e-mail; Invoice, Copsoli d iiia nice. dhs, f Invoices submitted by other than these three methods will be returned. The Service Provider's Taxpayer Identification Number (TIN) must be registered in the System for Award Management (http://www sam yoy) prior to award and, shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Each invoice submitted shall contain the following infornration, Detention Bed Space Services: 1, Name and address of the Facility; 2. Invoice date and number; 3. Agreement number, line item number and, if applicable, the Task Order number; 4. Terms of any discount for prompt payment offered; S. Name, title, and phone number of person to notify in event of dofective invoice; 6, Taxpayer Identification Number (TIN). 7. Total nrunber of bed days; total number of miles. 8. Bed day rate; 9. Detainees check-in and check-out dates; 10. Number of bed days multiplied by the bed day rate; 11, Name of each detainee; 12. Resident's/detainee's A -number; 13. Specific dates ofdetmdon for each resident/detaince; 14. An itemized listing of all other charges; IS. For stationary guard services, the itemized monthly invoice shall state the number of hours being billed, the duration of the billing (times and elates) and the name of the resident(s)/detainee(s) that was guarded. 16, For Mileage, the itemized monthly invoice shall include a copy of the GSA webpage that shows the mileage rate being applied for that invoice. Items I through 16 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. C. Payment: ICE will transfer funds electronically through either an Autorrrated Clearing Mouse subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System, The Prorrrpt Payment Act applies to this Agreement, The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (30th) calendar day after the Burlington Finance Office receives a complete invoice, Either the date on the Governnent's check, or the date it executes an electronic transfer of Rinds, 1.6 25G-19 EROIGSA-15-0007 constitutes the payment date, The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor Registration (CCR) and all information is accurate. Article 13. ICE Furnished Property A. ICE Froperty Furnished to the Service Provider: ICE may furnish Federal Government Property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all ICE famished property. B. Service Prov der Responsibility: The Service Provider shall not remove ICE property from the Facility without the prior written approval of ICE. The Service Provider shall report airy loss or destruction of any ICE property immediately to ICE. Article 14. Hold Harmless Provisions Unless specifically addressed by the terms of this Agreement, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. A. Service Provider Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the performance of this Agreement and caused by the negligence of its own officers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall promptly notify ICE of any clairns or lawsuits filed against any ICE employees of which Service Provider is notified. The Service Provider will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this Agreement, B. Federal Government Held Harmless; Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement and caused by the negligence of its own officers, ernployees, agents and representatives is governed by the applicable State tort claims act, ICE will promptly notify the Service Provider of any claims filed against any of Service Provider's employees of which ICE is notified, The Federal Gover unent will be held harrnloss for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the perforniance of this Agreement, C. Defense of Suit: In the event a detainee files suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, or a. detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will request that the US. Attorney's Office, as appropriate, move either to have the Service Provider dismissod, from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. 17 25G-20 EROIGSA-15-0007 Regardless of the decision on any such motion, ICE will request that the US. Attorney's Office be responsible for the defense of any suit on these grounds, D. ICE Racovery Ria it: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to U.S. Government Property. Upon request of the Contracting Officer, the Service Provider shall furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of fie instruments of assignment in favor of ICE in obtaining recovery, Article 15. Financial Records A. Retention_ of Recordds: All financial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for three (3) years for purposes of federal examinations and audit. The three (3) year retention period begins at the end of the first year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later, B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its subcontractors, which ase pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquont Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Govertunent. ICE will apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Inrprovenrerrt Act of 1982, as amended, Article 16. Transportation (if applleable) A. All transportation of ICE detainees shall be conducted in accordanoe with the ICE 2011 PENDS. Except in emergency situations females may not• be it by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an oflicer of the same gender as the detainec(s) must be present, B. hi the event of transpottation services involving distances that exceed a twelve (12) hour wnrlcday to complete, the Service Provider shall be reimbursed for related costs of lodging and meals commensurate with the U.S. General Services Administration rates for 25G-21 EROIGSA-15-0007 such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate for the transportation officer Position specified in Article I. C., Rates. Overnight lodging resulting from transportation services shall be approved in advance by the COR or designated ICE official. All transportation services shall be accomplished in an appropriate and economical manner. C, The Service Provider personnel provided for the above services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as those Service Provider personnel provided in the other areas of this Agreement. Transportation officers shall have the required state licenses for coturnercial drivers with the proper endorsement limited, to vehicles with Automatic Transmission and the state Department of Motor Vehicles (DMV) (or Motor Vehicles Department (MVD)) Medical Certification, D, Transport/Escort/stationary Services Rate• The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground transportation/escort/stationary services as may be required to transport detainees securely, in a timely manner, to locations as directed by the ICE COR or designated ICE official. At least two (2) qualified law enforcement or correctional of8oer personnel employed by the Service Provider under their policies, procedures and practices shall perform transport services. As written above, except in emergency situations females may not be transported by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an officer of the same gender as the dotanioe(s) must be present. E. Medical Legal Transvortation: The Service Provider shall provide transportation and escort guard services for ICE detainees to and from a medical facility for outpatient can, and attending off-site court proceedings, An officer or officers shall keep the detainee ander constant supervision twenty -roux (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COR, The number of escorts will be determined by the COR. The Service Provider agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. F. The Service Provider shall, upon order of the COR, or upon its own decision in an urgent medical situation with notification to the COR immediately thereafter, transport a detainee to a hospital location. An officer(s) shall keep the detainee under supervision 24 hours per day rmtil the detainee is ordered released from the hospital, or at the order of the COR. The Service Provider shall then return the detainee to the Facility. The Service Provider will ensure that at least one officer responsible for the security of the detainee while he/she is an ha -patient at the hospital will be of the same sex as the detainee. G. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnify DHS/ICE and its officials in their official and individual capacities from any liability, 19 25G-22 EROIGSA-15rc0007 including third -party liability or worker's compensation, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees, H. Service Provider Furnished Vehicles: If the Service Provider is to use its own vehicles, the following requLrements apply to this agreement. 1. The Service Provider shall not allow employees to use their personal vehicles to transport detainees. 2. The Service Provider shall furnish suitable vehicles in good condition, approved by the Government, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. 3. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of deta,inces from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. 4. Nothing in this Agreement shall restrict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government. I. Government Furnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement. 1. If ICE chooses to authorize Service Provider employees to operate Government fumishod vehicles, the Government will provide the Service Provider with Goveraunent Vehicles and Government Fleet Cards (for the purchase of fuel) for the purpose of transporting detainees to and from. ICE Designated Facilities (see Route List or Analysis), or ahemative transportation sites, in support of ERO transportation needs under this Agreerneut, The vehicles assigned for this Purpose will remain the property of the Federal Government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered through the Government's Fleet Management Program. 2. The Service Provider agrees to be responsible for reimbursement to ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the Service Provider, its employees and or persons acting on behalf of the Service Provider. The Service Provider shall be responsible to promptly report: any accidents or damage to the Government Vehicles in accordance with the ICE Management Directives listed below and my other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in mak4ig any claims against a third party at fault for causing the ;property damage to the Government Vehicles, 20 25G-23 EROIGSA-15-0007 3. In addition, the Service Provider agrees to hold harmless, indemnify, and assume financial responsibility for any claims or litigations filed by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the Service Provider, agents, or otherpersons acting on behalf of the Service Provider, The Service Provider agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the Service Provider employees or agents; the Service Provider agrees to reiinburse ICL for said settlement or adverse Judgment. d, in order for ICE to maintain accurate fleet records of the transportation services, the Service Provider officers utilizing the vehicles shall complete specific documentation that will be provided by ICL, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used, The form that is required is the Official Detail Form (formerly G-391), This Form is to be filled out at the beginning of each shift, At the and of a shift, the form is to be provided to the ICE Shift Supervisor with a copy to the COR, The Service Provider shall keep the original for three years. The fortn is Attachment 8 to this Agreement. S. The COR will provide forms to the Service Provider to request and authorize routine maintenance of vehicles. 6. The Service Provider shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees or licensing expenses made necessary by the loss of any paperwork associated with the vehicles. 7. The Government will provide instruction on the prosper use of the Fleet Card to all Service Provider personnel responsible for the operation of any Government Vehicle. The instruction will be in accordance with the DHS Fleet Card Manual (Attachment 8). 8. A list of the Government vehicles authorized for use by the Service Provider is formd as Attachment 9, Training and Com liana: The Service Provider shall comply with ICE transportation standards related to the number of hours the Service Provider's employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. The Service Provider personnel provided for the above services shall be of the same qualifications, receive training, complete the same security cloaraaces, and wear the same uniforms as those personnel provided for in other areas of this Agreement, K. Miscetll i (—)U TrtuiMO tation: The COR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. 21 25G-24 BROIGSA-15-0007 L When the COR provides documents to the Service Provider concerning the detainee(s) to be transported and/or escorted, the Seivice Provider shall deliver these documents only to the named authorized recipients, The Service Provider shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient. M. The Service Provider shall establish a fully operational communication system compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the COR shall be provided with current status of all vehicles and post assignment employees, N, Failure on the Service Provider's part to comply fully with the deWnee(s) departure as pro -scheduled shall result in the Service Provider having deductions made for non- performimce. 0. Armed Transportation Officers; All transportation Detention Officers shall be armed in the performance of these duties. P. Billing Procedures The itemized monthly invoice for such stationary guard services shall state the number of hours being billed., the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. Q. Ant cipated Transportation Routos The following transportation routes and/or destinations are anticipated requirements for this Agreement. The following requirements are orae way routes from the Facility. Mileage may vary from the table depending on the starting point of the destination, These routes are not all inclusive and should not be limited to the Following: Mileage From FAC]LTrX Locations City Fro, uenc FILL IN AS APPROPRIATE Article 17. Guard Services A. The Service Provider agrees to provide stationary guard services, at a separately agreed hourly rate, on demand by the COR and shall include, but not limited to, escorting and guarding detainees to medical or doctor's appointments, hearings, ICE interviews, and any other remote location requested by the COR. Qualified detention officer personnel employed by the Service Provider under its policies, procedures, and practices will Perform such services. The Service Provider agrees to augment such practices as tray be requested by CO or COR to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Public contact is prohibited. unless authorized in advance by the COR. 22 25G-25 EROIGSA-15.0007 B. The Service Provider shall be authorized two officers for each such remote location, unless additional officers are required, per the direction of the COR or designated ICE officer. Except in cases of an omorgeriey, one of the two above referenced officers shall be of the same sex as the detainees being assigned to the remote location. C. The itemized monthly invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the names of the dotainees that were guarded, Such services shall be denoted as a separate item on submitted invoices, ICE agrees to reimburse the Service Provider for actual stationary guard services provided during the invoiced period. Article 18. Contracting Officer's Representative (COR) A. The COR will be designated by the Contracting Officer, When and if the COR duties are reassigned, an administrative modification will be issued to reflect the changes. "Phis designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement, B. Should. the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement without first contacting the Contracting Officer. The Service Provider shall continue performance of efforts that are deemed within the scope, Article 19. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq, Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment 2. These standards and provisions are included in every contract and IDSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal propose of which is to furnish services through the use of service employees. B. Wage Determination; Each service employee employed in the performance of this Agreement shall be paid not less than the minfinu n monetary wages and shall be fomished fringe benefits in accordance with the wages and Ringo benefits detennined by the Secretary of Labor or authorized representative, as specified in any wage dotorrninatron attached to this Agreement. (See Attachment 3 - Wage Deternaination) Article 20, Notification and Public Disclosures A. Information obtained or developed as a result of this IGSA is under the control of ICE and is subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. Insofar as any documents created by the Service Provider contain information developed or obtained as a result of this IDSA, such documents shall be subject to public disclosure onlyprusuant to the provisions of applicable federal laws, regulations, and executive orders or as 23 25G-26 EROIGSA-15-0007 ordered by a court. To the extent the Service Provider intends to release the IGSA or any information relating to, or exchanged under, this IGSA, the Service Provider agrees to coordinate with the ICE Contracting Officer prior to such release, The Service Provider may, at its disoretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Service Provider's governing body for approval, E, The CO shall be notified in writing of all litigation pertaining to this IGSA and ,provided copies of any pleadings filed or said litigation within five working days of the filing, The Service Provider shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Service Provider litigation, C, The Service Provider shall notify the CO when a member of the United States Congress requests information or makes a request to visit the facility. The Service Provider shall coordinate all public information related issues pertaining to ICE detainees with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs, The Service Provider shall promptly make public announcements stating the facts of unusual or newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies, D. 'With respect to public announcements and press statements, the Service Provider shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the United States Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations. Article 21. Incident Repgrting A. The COR shall be notified immediately in the event of all serious incidents. The COR, will provide after-hours contact information to the Service Provider at the time of award. B. Serious incidents include, but are not limited to: activation of disturbance control teatn(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work -place violence, civil disturbanoos/protests); staff use of force including use of lethal and less -lethal force (includesnnriates in restraints more than eight hours); assaults on staff/inmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; full or partial lock down of the Facility; escape; weapons discharge; suicide attempts; deaths; declared or non - declared hunger strikes; adverse incidents that attract unusual interest or significant Publicity; adverse weather (e.g., hurricanes, floods, ice/snow storms, heat waves, tornadoes); fence datua,ge; power outages; bomb threats; detahlee admitted to a community hospital; witness security cases taken outside the Facility; significant environmental problems that impact the facility operations; transportation accidents (i.e. airlift„ bus) resulting in itajiuies, death or property damage; and sexual assaults. 24 25G-27 EROIGSA.- I5-0007 C. The Service Provider agrees to cooperate with any Federal investigation concerning incidents and treatment involving ICE detainees to the full extent of its authorities, including providing access to any relevant databases, personnel, and documents. Article 22, Detainee Privacy A. The Service Provider agrees to comply with the Privacy Act of 1974 ("Act") and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency fiuiction when the Agreement specifically identifies (i) the systems of records; and (ii) the design, development, or operation work that the Service Provider is to perform, The Service Provider shall also include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and D. In the event of violations of the Act, a civil action may be brought against the agency involved when tho violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency fiunction, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function, For purposes of the Act, when the agreement is for the operation of a system of records on individuals to accomplish an agency function, the Service Provider is considered to be an employee of the agency, 1. "Operation of a system of records," as used in this Article, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. 2, "Record," as used in this Article, means any item, collection, or grouping of information about an individual that is maintained, by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history acid that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. 3. "System of records on individuals," as used in this Article, moans a group of any records under the control of any agency from whicl: information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Article 23. Zero Tolerance for Sexual .harassment, Abuse, and Assandt A. The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program of which training will include 25 25G-28 EROIGSA-15-0007 training on working with vulnerable populations and addressing their vulnerability in the general population. This program shall include training that is given separately to both staff and detainees, in accordance with the Prison Rape Elimination Act (PREA) and 2011 PENDS 2.11, B. The Service Provider will ensure that information regarding the facility's policy on sexual abuse/assault is included in the detainee handbook; that the facility articulates to staff and to detainees and adheres to a standard of zero tolerance for incidents of sexual abuse or assault; that detainees shall be encouraged to promptly report acts of harassment of a sexual nature, or abase or signs of abuse observed; that victims of sexual abuse are given timely access to emergency medical treatment and crisis intervention services; that training is included for all staff to ensure that they fulfill their responsibilities under the Service Providers' Sexual Abuse and Assault Prevention and Intervention Program; that the facility reports immediately all sexual abuse and/or assault to ICE/ERO; that the Service Provider develops and implements a policy that includes: an evidence protocol for sexual assault, including access to a forensic medical exam, an internal administrative investigation process that will not compromise a criminal investigation. The Service Provider will also maintain a policy that requires medical staff to report allegations or suspicions of sexual assault to appropriate facility staff, how the victim's medical, mental health and future safety needs will be addressed; appropriate disciplinary sanctions, how a detainee may contact the Office of the Inspector General to confidentially report sexual abuse or assault. Article 24, Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to telephones as specified in the ICE 2011 Performance Based National Detention Standard on Telephone Access, Telephones shall be looated in an area that provides for a reasonable degree of privacy and a minimal anot nt of environmental noise during phone calls. B. If authorized to do so under applicable law, the S erviee Provider shall monitor and record detainee conversations, If detainee telephone conversations can be monitored under applicable law, the Service Provider shall provide notice to detainees of the Potential for monitoring. However, the Sorvice Provider shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. C. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to 411 applicable federal, state, and local telephone regulations, D. ICE recognizes the Service Provider may have an existing contract with a Teleconnmunications Company to provide telephone service to ICE detainees and other inmates. ICE requires the Service Provider to require the Telecommunications Company to provide connectivity to the DTS Contractor for detainee pro bone 26 25G-29 EROICTSA-15-0007 telephone calls, Additionally, ICE requires that the Service Provider or their Tolecommu nications Company provide t11at ICE detainees have direct access to the DTS Contractor for collect and prepaid calls. This shall occur at the expiration of any cwTent contract with a Telecommunications Company. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit services to ICE detainees. The Service Provider (and the Telecommunications Company) shall make all arrangements with the DTS Contractor 'independently from this Agreement. The DTS Contractor shall be responsible for the costs incurred to provide the pro bono services, and the maintenance and operation of the system, including a standard compensation to the Telecommunications Company, The Service Provider shall not be entitled to any commissions, fees, or revenues generated by the use of the DTS or the detainee telephones. E, The Service Provider shall inspect telephones for serviceability, in accordance with ICE 2011 Performance -Based National Detention Standards. and ICE policies and procedures, The Service Provider ,shall notify the COR or ICE designee of any inoperable telephones. CC. DTS Contractor information: Talton Communications 910 Ravenwood Dr, Selma, AL 36701 Robin Hall Mike Oshuid Customer .Relations Manager Operations Manager (334) 375-7542 (334) 375-4200 robLii taltoncommcinioations com mietiaelataltorrcommunioations Qom Article 25. Government Use of Wireless Communication Devices All personnel that have been issued a Federal Government owned wireless communication device, including but not limited to, cellular telephones, pagers or wireless Internet devices, are authorized to possess and use those items in all areas of the facility in which ICE detainees are present, Article 26, Certified Cost and Pricing Data A) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (a) Exceptiony from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offorors may submit a written request for exception by submitting the information described in the following subparagraphs, The Contracting Officer may require additional supporting information, but only to the extent 27 25G-30 EROIGSA-I5-0007 necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i)Identification of the law or regulatlon establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, (ii) CoMmercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include — (A) For catalog items, a copy of or identification of the catalog and its date, or, the appropriate pages for the offered items, provide a copy or describe current discount policies and price lists (published or unpublished), e.g,, wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities, (B) For market -priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts, In addition, describe the nature of the market; ep For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item, (2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify my request for au exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend, to cost or profit information or other data relevant solely to the offewr's determination of the prices to be offered in the catalog or marketplace, (b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before IGSA award, the offeror shall submit a Certificate of Current Cost or Pricing Data, the format of which is at the end of this Article, B) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data — Modifications (a) Exceptions from ceriified cost or pricing data, 28 25G-31 EROIGSA-15-0007 (1) In lieu of submitting certified cost or pricing data for modifications under this IGSA, for price adjustments expected to exceed $700,000 on the date of the agreement on price or the date of the award, whichever is later, the Service Provider may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable — (i) Identiflcation of the law or regulatlon establishing the price offered. If the price, is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document. (2) The Service Provider grouts the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price, For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Service Provider's determination of the prices to be offered in the catalog or marketplace, (b) Requirements for certified cost or pricing data, If the Service Provider is not granted a1 exception from the requirement to submit certified cast orpricing data, the following applies: (1) The Service Provider shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before award, the Service Provider shall submit a Certificate of Current Cost or Pricing Data. 'The form is included at the end of this Article. C) Subcontractor Certified Cost or Pricing Data (a) Before awarding any subcontract expected to exceed $700,000 on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (1) the prices are based upon adequate price competition, or (2) if a waiver has been granted, (b) The Service Provider shall require the subcontractor to certify in substantially the form at tine end of this Article that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification, 29 25G-32 ERCIGSA-15-0007 (c) In each subcontract that exceeds $700,000, when entered into, the Set -vice Provider shall insert either , (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of oertihed cost or pricing data for the subcontract; or (2) The substance of the Section below entitled "Subcontractor Certified Cost or Pricing Data - Modifications." D) Subcontractor Certified Cost or Pricing Data — Modifications (a) The requirements of paragraphs (b) and (c) of this Section shall — (1) Become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000; and (2) Be limited to such modifications. (b) Before awarding any subcontract expected to exceed $700,000, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (1) prices of the modification are based upon adequate price competition, or (2) if a waiver has been granted. 0 The Service Provider shall require the subcontractor to certify in substantially the form at the end of this Article that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Set -vice Provider shall insert the substance of this Article, including this paragraph (d), in each ,subcontract that exceeds $700,000 on the date of agreement on price or the dato of award, whichever is later, Lr) Price Roduction for Defective Certified Cost or Pricing Data (a) If any price, including profit or fee, negotiated in connection with this IGSA, or any cost reimbursable under this IGSA, was increased by any significant amount because — (1) The Service Provider or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and curront as certified in its Certificate of Current Cost or Pricing Data; 30 25G-33 EROIGSA•15-0007 (2) A subcontractor or prospective subcontractor famished tlao Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Sorvice Provider's Certificate of Current Cost or Pricing Data; or (3) Any of thew parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the IGSA shall be modified to reflect the reduction. (b) Any reduction in the IGSA price under paragraph (a) of this clause due to detective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead, and, profit markup, by which (I) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the Prospective subcontract cost estimate submitted by the Service Provider,; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: (i) The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Service Provider or subcontractor tools no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the, cost of each item procured under the IGSA, (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cast or Pricing Data. (2) (i) Except as prohibited by subdivision 0(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IGSA price reduction if— (A) Tho Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's knowledge and belief. the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. 31 25G-34 ERGIGS.A-15-0007 (ii) An offset shall not be allowed if— (A) 'The understated data were known by the Service Provider to be understated before the "as of date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the IGSA price would not have increased in the amount to be offset even if tho available data had been submitted before the ,as of date specified on its Certificate of Current Cost or Pricing Data, (d) If any reduction in the IGSA price tinder this clause roduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such ovotpayment to be computed finom the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U,S.C. 6621(x)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrcnt. F) Price Reduction for Defective Certified Cost or Pricing Data - Modifications (a) This Article shall become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000, except that this Article does not apply to any modification (1) where prices of the modification are based upon adequate price competition, or (2) when a, waiver has been granted. (b) If any price, including profit or fee, negotiated in connection with any tmodifxcatien under this clause, or any cost reimbursable under this IGSA, was increased by any significant amount because (1) the Service Provider or a subcontractor fumished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a snbcoutractor or prospective subcontractor £urnishod the Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Service Providcr's Certificate of Cuta cot Cost or Pricing Data, or (3) any of these parties flnmished data of any description that were not accurate, the price or cost shall be reduced accordingly and tho IGSA shall be modifiod to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause. 32 25G-35 EROIGSA-15-0007 (c) Any reduction in the IDSA price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit marlcup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the Prospective subcontract cost estimate submitted by the Service Provider; provided, that the actual subcontract price was not itself affected by defective certified cost or, pricing data, (d) (1) If the Contracting Officer dctermines under paragraph (b) of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: (i) The Service Provider or subcontractor was a sola source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should'have known that the certified cost or pricing data iaz issue were defective even though the Service Provider or subcontractor tools no affirmative action to bring the charactar of the data to the attention of the Contracting Officer. (iii) The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the cost of each item procured under the IGSA. (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IGSA price reduction if - (A) The Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's knowledge and belief, the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if - (A) The understated data were known by the Service Provider to be understated before the "as of" date specified on its Certificate of Current Cost or Pricing Data; or 33 25G-36 EROIGSA-15.0007 (B) The Government proves that the facts demonstrate that the IDSA price would not have increased in the amount to be offset even if the available data had been submitted before the "as of date specified on its Certificate of Current Cost or Pricing data. (e) If any reduction in the IDSA price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by tlza Secretary of the Treasury under 26 U,S,C, 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. Certlficate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted, either actually or by specific identification in writing, to the Contracting officer or to the Contra,ctizig officer's representative in support of _* are accurate, complete, and current as of _**. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Service Provider Signature Name Title Iaato of QxoQution*** * Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying nunaber (e.g,, RFP No,), "insert the clay, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, **k Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to, 34 25G-37 EROIGSA-15-0007 Article 27, Combating Trafficking in :Persons (a) Definitions. As used in this clause— ,4Coereion" means— (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. ">mployce" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or Involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor or services of a person— (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did act perfomn such labor or services, that person or another person Would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of— (1) Any soherrne, plan, or pattern intended to cause a person to believe that, if the person slid not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Severe forms of trafficking in persons" means -- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 13 years of age; or 35 25G-38 BROIGSA-15-0007 (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, (b) Policy. The United States Government has adopted a aero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not— (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract, (o) Contractor requirements. The Contractor shall -•– (1) Notify its employees of— (i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause, (d) Notification. The Contractor shall inform the Contracting Officer immediately of— (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor arnployees, subcontractors, or subcontractor employees pursuant to this clause, (e) Remedies. In addition to other remedies available to the Govoi nnont, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in— (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; (4) Loss of award foe, consistent with the award fee plan, for the performance period in which the Govenzrnont determined Contractor non-compliance; 36 25G-39 BROIGSA-15-0007 (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts, (g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies, Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/g/tip, Article 28, Order of Precedence Should there be a conflict between the 2011 PBN'DS and other any other term and/or condition of the [GSA, the Service Provider shall contact the Contracting Officer for clarification, Article 29. Reporting ]Executive Compensation and First -Tier Subcontract Awards a.) Definitions, As used in this article: "Executive" means officers, managing partners, or any other employees in management positions. "First-tier subcontract" means a subcontract awarded directly by the Contractor for the Purpose of acquiring supplies or services (including constriction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long- term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrativo expenses or indirect costs. " Months of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. "Total compensation" means the cash and noncash dollar value earned by the excoutive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229,402(c)(2)): (1) Salary and boners. (2) Awards afstoch, stoc%options, and stook appreciation rights. Use the dollar aneunt recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation -Stock Compensation. 37 25G-40 EROIGSA-150007 (3) Earnings far^ services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees, (4) Change in pension volare, This is the change in present value of defined benefit and actuarial pension plans. (5) Above -market earnings on deferred compensation which is not tact-qualtfied, (6) Other compensation, if the aggregate value of all such other compensation (e.g., sevorance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109.282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub, L. 110-252), requires the Contractor to report information an subcontract awards, The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (e) Nothing in this article requires the disclosure of classified, information (d) (1) Executive compensiaion of'the prime contractor. As a part of its annual registration requirement in the Central Contractor Registration (CCR) database, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preeoding completed fiscal year, if - 0 In the Contractor's preceding fiscal year, the Contractor received -- (A) 80 percent or more of its annual gross revenues from Fedoral contracts (and subcontracts), loans, grants (and sdbgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and. subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistanca; and (ii) The public does not have access to information about the compensation of the exce itivos through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 1 S U,S,,C. 7$m a), 18o(d, ) or section 6104 of the Internal Revenue Code of 1986. (To determine if tho public has access to the compensation information, ,see the U,S. Security and Exchange Commission total compensation filings at httu://www scc,go /answeLj econn n.htm.) (2) First-ieir subcontract iv formation. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first-tior subceutract with a value of $25,000 or more, the 38 25G-41 EROIGSA-15-0007 Contractor shall report the following information at; htt�://,www.fsrs. *c v for that first- tier subcontract. (The Contractor shall follow the instructions at http://www.fsr.nov to report the data,) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company, (ii) Name of the subcontractor. (iii) Amount of the subcontract award, (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor), (vii) Subcontractor's physical address including street address, city, state, and country, Also include the nine -digit zip code and congressional district. (viii) Subcontractor's primary performance location including street address, city, state, and country, Also include the nine -digit zip code and congressional district. (ix) The prime contract number, and order number if applicable, (x) Awarding agency name and code, (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as 'reported in FFDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) L'xecue&e cronaperisatiain, of the first4ier subcantraetor. Unless otherwise directed by the Contracting Officer, by the and of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for tyre first-tier subcontractor's preceding completed fiscal year at http://www fsrs gov , if— (i) In the subcontractor's preceding fiscal year, the subcontractor received - 39 25G-42 EROIGSA-15.0007 (A) 80 percent or more of its annual gross revenues front Federal contracts (and subcontraets), loans, grants (and subgrants), cooperative Agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 4104 of the Internal Revenue Code of 1986, (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings of httu://wwvv sec gov/answers/execottip.htm.) (e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (f) The Contractor is required to report information on a fxst-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required ruxless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to mace further reports atter the first-tier subcontract expires. (g) (1) If die Contractor in the previous tax year had gross income, from all sources nder awards, $300,000, the Contractor is exempt from the xoqui, uxornent to report subcontractor (2) If a subcontractor in the previous tax year had gross income f om all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at kW-,//Wwtivfsrs.gov will be propopulated with sonic information from CCR 40 25G-43 Proposal 25G-44 I11 O'K all 138cmg-A And Adders With Mltragt And/,, g,do, ito, drs. 1. DATA OF ORDER 2, CONTRACT NO. (If -ay) 05/29/2015 EROIG8A-15-0007 3, ORDER N0, 4, REQUISITION/RRFERENCE N0. n/a S. ISSUING OFFICE (Address oorroepondeno- to) ICE/Detent Mngt/Detest Contract -LAG Immigration and Oustoma Enforcement Office of Acquisition Management 24000 Avila Road, Room 3104 Attn: Natasha Nguyen (949)425-7030 Laguna Ni5ueI CA 92677 7. TO: 9. NAME OF CONTRACTOR BANTA ANA CITY OF b. COMPANY NAME o, STREE7ADDRE88 20 CIVIC CENTER PLAZA 6, SHIP TO! a. NAME OF CONSIGNEE See IGSA Facility Location b. STREAT ADDRESS a. CITY I. SHIP VIA ❑e, PURCHASE REFERENCE YOUR: Flees- furnish the following an the terms -70 and-Adldona epadflod on bath sides of SANTA ANA % $TATE t. ZIP CODE thls order end nn the Atlachod shoat, It any, CA 92701 InclUdldgdallv-ry as Indio -led. B. ACCtlUNTING AND APPROPRIATION DATA TD REQUISITIONING OFFICE 17. BUSINESSCLA$81POATION (CAaoA appropd-fa dok(ee)) r Tc, Enforcement & Remc ❑ a. SMALL X] It. OTHERTHAN SMALL El a. DISADVANTAGED Lid. WOMEN-OWNEDrr--�� IJ e. NUBZcne Qt IWOMEN OWNED SMALL BUSINESS OSB) RAN -OWNED FLIOIBIEUNDER THE WO33 PROGRAM VETEE] Ill ECVV08U 19. PLAGOOF N. OOVERNMENT2/L NO, 1SDRLIVERTOFO.8. P, a. INSPECTION b. ACCEPTANCE ON OR BEFORR (Usk) Destination Destination 07/31/2020 17. SCHEDULm a)acr/nPv ITEM NO. SUPPLIES OR SERVICE$ UNIT (a) (b) NIT PRICE dl a) DUNS Nnmber: 069153247 COR POC: Daniel Polnplun, (760) 561-63 e—'nail at This is a fined rateIGSAtoallpply Continued20. INVOICE N0, ,�21 MAILINVOI SE6-&LING I07OOTIONS b.STREETi ONRavaRAa (Or H.0, Box) RTilliaton 22. UNITED STATES OF — AMERICA BY (81BndAlm) DHS, ICE BurIA11FOrt I:inaance Centel: P.C. Box 1620 Attn: ICE-ERG-FOD-P'LS PAUE OF PAGES 1 2 d. STATE I e. ZIP CODE LJ Ix DELIVERY IMOPt for blllin® Inelmollans on the reverse, thls dallvery order Is subject to instructions "tamed on the olda only of this form and In lasu-d aub(eot to An. Gamma and aondhons Of In- Abovs•numbored o,,kaat. Destination AMOUNT 0,00 d, 000 VT 05495-1620 23, NAME mp-d) Roberta .7, 4a11E TITLE! CONTRACTING/ORUER[NG OFFICER 25G-45 Net 30 QUANTITY ACCEPTED (0) r] 17(1) GRAND TOTAL 14 MOM 4 Igo FOR SUPPLIES OR S NO HMPORTANT; Maalt qll p°ckgggs antl pepors with oonbgal gntlMr radar numbers, DATE Op OROER CONTRAOTW 05/29/2015 EROIG9A-15-0007 ORDER NO. ITEfvI Ntl. SUPPLIE81SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY (e) (di ORDERED PRICE ACCEPTED ssrvices at the amounts Indicated, P) M Contractor. (Servlca Provider) should not provide any additional, supplies or services and/or bill in any additional amount without authorization by the C01ILractincg Officer. ADcounting Info; Funding will he added by issuance of task orders Period of Performance: 07/01/2015 to 06/30/2020 0001 Detention gerVJCGS-- Bad Day Efate in DA 105.00 0.00 accordance with ICE Agreement Number CROIGSA-15-0007. All otherterms and conditions remain the same. This is a fixed price IGSA to supply services with estimated (DA) Bed Days. Obligated Amount: $0.00 The total amount of award: $0.00. 'Ills obliga.t.ion for this award is shown in box 17(i), PiMW -M FARM 011)<O n, 25G-46 Attachment 1 25G-47 EROIGSA-15-0007 AT'T'ACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS COMPLIANCE WITH PBNDS 2011 OPTIMAL PROVISIONS: CITY OF, SAN7A ANA The purpose of this attachment is to (A) incorporate optimal provisions of the 2011 Performance Based National Detention Standards (PBNDS 2011) at the City of Santa Ana, (B) identify PBNDS 2011 optimal provisions that are not applicable, and (C) incorporate other non -mandatory PBNDS 2011 requirements which will be applicable at the facility. Several of thaw commitments are memorialized with greater specificity in the contractor's Performance Work Statement (PWS), A. The City of Santa Ana Facility will comply with the following optimal requirements ander the ICE 2011 Performance Based National Detention Standards (PBNDS 2011), at no additional cost to the agency: Standard 2.1: Admission and Release • "Whenever possible, medical personnel shall be present to observe the strip search of a tsansgender detainee." (Section VB.4.c) Standard 2.12: Special Management Units • "Detainees must be evaluated by a medical professional prior to being placed in an SMU." (Section VD) Standard 4.3: Medical Care • "Medical facilities within the detention facility shall achieve and maintain current accreditation with the standards of the National Commission on Correctional Health Care (NCCIIC), and shall maintain compliance with those standards." (Section 111) • "Adequate space and staffing for the use of services of the ICE Tele -Health Systems, inclusive of tele -radiology (ITSP) and Cele -medicine, shall be provided." (Section 1128) • "The facility, when equipped with appropriate technology and adequate space, shall provide for the use of services of the ICE Tele -Health Systems, inclusive of tele- radiology (ITSP), tele -psychiatry and tele -medicine." (Section VDD) Standard 4.4: Medical Care (Women) • "The facility's provision of gynecological and obstetrical healthcare shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC)." (Section 111) Standard 4.6: Significant Self -Harm and Suicide Prevention and Intervention + "The facility shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC) in its provision of preventive supervision, treatment, and therapeutic follow-up for clinically suicidal detainees or detainees at risk for significant self - harm." (Section 113) Standard 4.7: Terminal Illness, Advance Directives, and Death + "The facility shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC) in its provision of medical care to terminally ill detainees." (Section 11.2) 25G-48 EROIGSA-15-0007 ATTACHMENT I - PBNDS 2011 OPTIMAL PROVISIONS Standard 5.4: Recreation • Administrative Segregation: "Facilities operating at the optimal level will offer detainees at least two hours of recreation or exercise per day, seven days a week." (Section FE) • Disciplinary Segregation: "Facilities operating at the optimal level will offer detainees at least one hour of recreation or exercise per day, seven days a week." (Section VE) • "Detainees shall have at least four hours a day access, seven days a week, to outdoor recreation, weather and scheduling permitted. Outdoor recreation shall support leisure activities, outdoor sports and exercise, provided outside the confines of the housing structure and/or other solid enclosures." (Section I1.2) • "Detainees in the general population shall have access at least four hours a day, seven days a week to outdoor recreation, weather and scheduling permitted. Daily indoor recreation shall also be available. During inclement weather, detainees shall have access to indoor recreational opportunities with access to natural light." (Section V.B) • "Facilities operating at the optimal level shall offer access to reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available." (Section VF) • "Facilities shall offer other programmatic activities, such as: 1. educational classes or speakers; 2. sobriety programs such as alcoholics anonymous; and 3. other organized activities or recreational programs," (Section V.F) Standard .5.6: Telephone Access • "Consistent with the order and safety of the facility, the facility may allow for use of other equipment such as video relay and video phones for detainees who are deaf or hard of hearing. Facilities shall permit detainees with disabilities the opportunity to submit requests for the auxiliary aid of their preference." (Section V. Q) Standard 6.3: Law Libraries and Legal Material • "When requested and where resources permit, facilities shall provide detainees meaningful access to law libraries, legal materials, and related materials on a regular schedule and no less than 15 hours per week." (Section II,3) B. The following optimal provisions are not applicable, or, in the case of Telephone Access, are not the responsibility of the Contractor: Standard 5.4: Recreation • "Detainees shall be provided FM wireless headsets for television viewing, with access to appropriate language or choices." Standard 5.6: Telephone Access • "Facilities shall be operating at the optimal level when at least one telephone is provided for every ten (10) detainees." (Section VA. 1) C. The Contractor shall ensure that the following General Visitation hours are available to detainees at the facility: General Visitation, including contact visitation, shalt be available to the general population a minimum of 8 hours per day on weekdays and 10-12 horns per day on weekends. 25G-49 EROIGSA-15-0007 ATTACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS Compliance with the above PBNDS 2011 optimal and other non -mandatory provisions sball begin upon signature of this agreement. Should there boa conflict between these provisions and any other term or condition of this contract, you are to contact the Contracting Officer for clarification. 25G-50 Attachment 2 25G-51 EROIGSA-15-0007 ATTACHMENT 2 - Title 29, :Part 4 .Labor Standards for Federal Setvice Contracts TITLE 29 --LABOR PART 4 LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS --Table of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec, 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in frill by the contracting agency in every contract/Inter-Governmental Service Agreement (1GSA) entered into by the Baited States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the Principal purpose of which is to famish services through the use of service employees (a) Service Contract Act of 1965, as amended: This contract/IGSA is subject to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CPR part 4), (b)(1) Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If there is such a wage determination attached to this Contraet/'IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be crnployed under the Contract/IGSA (i.e., the work to be performed is not performed by any classification listed in the wage delamination), be classified by the contractor so as to provide a reasonable relationship (i,e., appropriate level of skill comparison) between such milisted classifications and the classifications listed in the wage dot erminat cn, Such conformed class of ernpioyees shall be paid the monetary wages and furnished the Ringe, benefits as are determined pursuant to the procedures in this section. ({{)Such conforming procedure shall be initiated by the contractor prior to the performance of contract/IGSA work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the. authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any Contract/IGSA work. The contracting officer shall review the proposed action and promptly submit a report of tho action, together with the agency's recommendation and all pertinent: information including the position of the contractor and the employees, to the Nage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division Will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. Page I of & 25G-52 EROIGSA-15-0007 ATTACHMENT 2 - Title 29, Fart 4 Labor Standards for Federal Service Contracts (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected ennployee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that beaxs a reasonable relationship to those listed in a wage determination cannot be [[Page 41 J] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Fay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA corder which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and (tinge benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or doorease, where appropriate) between the wages and Ringo benefits specified for all classifications to be used on the Contract/1GSA which are li,st'od in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action takon but the other procedures irn,paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contraot/10SA shall in any event be paid lass than the currently applicable minimum wage specified under section 6(a) (1) of the Fair Labor Standards Act of 1918, as amended. (v) Tho wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of tlris section shall be paid to all employees performing in Che classification from the first day on which Contract/IGSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and./or finally determined by the Wage and. Hour Division retroactive to the date such class of employees eomnneneed Contract/IGSA work shall be a violation of the Act and this contract,(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class Of employees commenced Contract/IGSA work. (3) If, as authorizod pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/IGSA is more than I year, the minimum monetary wages and fringe benefits required to be paid or .famished there under to sorvioc employees shall be subject to adjustment after I year and not less often than once every 2 years, pursuant to wage Page 2 of 8 25G-53 EROIGSA-15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts determinations to be issued by the wage and Hour Division, Employment Stauclards Administration of the Department of Labor as provided in such Act, (e) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fids fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any person performing work under the Coatract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938, Nothing in this provision shall relieve the contractor ar any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee, (2) If this Contract/IGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, Corder which substantially the same services were furnished in the same locality and service employees wexe paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this ContracUIGSA shall pay any service employee Performing any of the Contract/10SA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agrcoments, to which such employee would have been entitled, if employed Linder the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement, No contractor or subcontractor under this Coatract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec• 4.10 of 29 CFR part 4 that the wages and/or fiingo benefits provided for in such agreement axe substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4,.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CPR 4.10 and/or 4,11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's ccllactive bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a Contract/IGSA or subcontract. 53 Comp. Gen, 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision. Page 3 of 8 25G-54 EROIGSA-15.0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (0) The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Comract/IGSA of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract, The poster provided by the Department of Labor (Pu'olication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a) (4) of the Act and of this contract, (f) The contractor or subcontractor shall not permit any part of the services called for by this Contract/IDSA to be performed in buildings or surroundings or tinder working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925. (g)(1) The contractor and each subcontractor porforming work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(t) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 4,3]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor: (i) Name and address and social security number of each employee, (ii)The correct work classification or classifications, rate or rates of monotaxy wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly luours so worked by each employee, (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this Contract/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clausc in Paragraph. (b) (2) (ii) of this section shall be doomed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Sec, 4.6(1)(2). (2) The contractor shall also make available a copy of this Contraot/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division., Page 4 of 8 25G-55 ERGIGSA-15.0007 ATTACHMENT 2 • Title 29, Part 4 Labor Standards for Federal Service Contracts (3) Failure to make and maintain or to malce available such records for inspection and transcription shall be a. violation of the regulations and this contract, and in die case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of fiaads until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Flour Division to conduct interviews with employees at the worksite during normal working hours. (h) The contractor shall unconditionally to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (i) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government Contract/IGSA with the prune contractor sixch sums as an appropriate offlcial of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the Contraat/IGSA work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. 0) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in those clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor, (lc)(1) As used in these clauses, the team service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, ar professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of Ady [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontmotor and such persons, (2) The following statement is included in contracts pursuant to sootion 2(a) (5) of the Act and is for informational Purposes only: The following classes of service employees expected to be employed under the, Contract/IGSA with the Government would be subject, if employed by the contracting agency, to the provisions Page 5 of 8 25G-56 IaRQIGSA• 15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts of 5 LI,S,C, 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits; Employee class wage-fringebeneftt Search current rates at liftu,//)y .1iov/ooaJl2tables! 0)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IDSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with Rill information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement, Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amondmouts thereof effective at a later time during the period of Contract/IDSA performance, such agreements shall be reported promptly after negotiation thereof, (2) Not less than 10 days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees maybe retained in the performance of the succeeding Cantraet/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prune contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's �— payroll during the last month of Conttact/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee, The contracting officer shall turn, over such list to the successor contractor at the commencement of the succeeding contract. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4, (n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in tine contractor's firm is a Person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this Contraet/IGSA shall be subcontracted to any person or firer ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act, Pago 6 of 8 25G-57 'i rf ( CfS 09 •, � . Search current rates at liftu,//)y .1iov/ooaJl2tables! 0)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IDSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with Rill information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement, Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amondmouts thereof effective at a later time during the period of Contract/IDSA performance, such agreements shall be reported promptly after negotiation thereof, (2) Not less than 10 days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees maybe retained in the performance of the succeeding Cantraet/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prune contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's �— payroll during the last month of Conttact/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee, The contracting officer shall turn, over such list to the successor contractor at the commencement of the succeeding contract. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4, (n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in tine contractor's firm is a Person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this Contraet/IGSA shall be subcontracted to any person or firer ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act, Pago 6 of 8 25G-57 ERQIGSA-'15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (3) The penalty for making false statements is prescribed in the U•S. Criminal Code, 18 U,S•C• 1001. (o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92.473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student -learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury rxray be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 45]] (2)(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student -learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student -learners, handicapped persons, or handicapped clients of sbeitered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minkmam rates of pay tinder the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued cinder the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525), I (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed, and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor„ Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for thejourneyinan classification of work actually performed• The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IGSA work in any craft classification shall not be greater that' the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in an occupation in which be or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be Page 7 of 8 25G-58 EROIGSA-15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts credited by the employer against the minimum wage required by Section 2(a)(1) or 2(b)(1) of the Act to the extent permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531, To utilize this provison; (1)The employer must infornl tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through apooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted ander any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (r) Disputes concerning labor standards, Disputes arising out of the labor standards provisions of this Contract/IGSA shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 4, 6, and 8, Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.(The information collection, recordteeping, and reporting roquirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] ...... ---------------------------------- --- Paragraph OMB control number (b)(2) (i)--(i.v).................................... 1215.0150 (e) ....................... (9)(1) ......................... (i) -'-(iv) .................................... 1215-0150 1215-0017 (9)(1) (v),(VI) .................................... 1215.0150 (1) (1), (2)— ..................................... 1215-0150 (q)(3) ... .......................................... 1215-0017 [48 FR 49762, Oct. 27, 1983; 48 .FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] Page 8 of 8 25G-59 Attachment 3 25G-60 EROZOSA-1$-0007 Attachment 3 • Wage Determination WD D5-2047 (Ray. -16) was first posted on WWW,Wdol,gov on 12/30/2014 wWwwwwwww+w#r+wxwwx+wxwwwwwwwwwww w'Mxaww++wwawxxwwkw,txAwxwwRwwx6wwwwwwwwwwwwwwwwWw w!4w REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction Of the Secretary of Labor Diane C. Koglewski Division of Director Wage Detetminati U.S, DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 W4940 Determination NO,; 2005-2047 Revision No.; 16 Date 0£ Revision: 12/22/2014 Note; Executive Order (Eo! 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the Eo, the contractor must pay all workers in any classification listed on this wage determination at least $10,10 (or the Applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wag® rats will be adjusted annually. Additional information an contractor requirements and worker protections under the EO is available at www,dol.gov/whd/govcontracts. Stat®: Cali£axnia Area: CA"90rniA Counties of Los Angeles, Orange OCCUPATION NOTES: Heating, Air Conditioning and Refrigeration: Wage rates and fringe benefits can he found on Wage Determinations 1986-0879, Laundry: Wage rates and fringe benefits can be found on Wage Determination 1977-1297, OCCUPATION "Fringe Benefits Required Follow the Occupational Listing** CODE - TITLE FOOTNOTE 01000 - Administrative Support And Clerical Occupations RATE 01011 - Accounting Clerk I 01012 - Accounting Clerk IT 1$.83 01013 - Accounting Clerk IIT 17.77 01020 - Administrative Assistant 20.27 01040 - Court Reporter 28.68 01051 - Data Entry Operator 2 19,93 01052 - Data Entry Operator ,II 12,26 01060 - Dispatcher, Motor Vehiole 13.37 01070 - Document Preparation Clerk 22.41 01090 - Duplicating Machine Operator 13.75 01111 - General Clark I 13.75 01112 - General Clerk IT 11.76 01113 - General Clerk IIF 14,92 01120 - Hensing Referral Assistant 17.43 01141 - Messenger Courier 21,90 01191 - Order Clerk 1 11,45 01192 - Order Clerk 11 16.96 01261 - Personnel Assistant (Employment) 1 18.93 01262 - Personnel Assistant (Employment) II 18.07 01263 - Personnel Assistant (Employment;) yment) ISI 20.20 01270 - Production Control Clark 22.53 01280 - Receptionist 23,51 01290 - Rental Clerk 14.51 16.83 25G-61 EROIGSA-15-0007 Attachment 3 - Wage Determination 01300 - Scheduler, Maintenance 01311 - Secretary I 17.39 01312 - ,secretary II 17.39 01313 - Secretary ISI 19.45 01320 - Service Order Dispatcher 21,90 01410 - Supply Technician 19,54 01420 - Survey Worker 26 82 01531 - Travel Clerk 1: 19 83 01532 - Travel. Clerk 11 14.72 01533 - Travel Clerk III 16.02 01611 - Word Processor I 17.21 01612 - Word Processor IT 15.18 01613 - Ward Processor ITS 16.87 05000 - AUtomctive Service Occupations 18 76 05005 - Automobile Body Repairer, Fiberglass 23 56 05010 - Automotive Electrician 05040 - Automotive Glass Installer 22,18 05070 - Automotive Worker 20.94 05110 - mobile Equipment servicer 20.84 05130 Motor Equipment Metal Mechanic 19 16 23.56 05160 - Motor Equipment Metal Worker 20.94 05190 - Motor vehicle Mechanic 23.56 05220 - Motor vehicle Mechanic Helper 18,38 05250 - Motor Vehicle Upholstery Worker 20,40 05280 - Motor Vehicle Wrecker 05310 - Painter, Automotive 20,84 22.18 05340 - Radiator Repair Specialist 20.84 05370 - Tire Repairer 05400 - Transmission Repair Specialist 15.47 23,56 07040 - rood Preparation And Service Occupations 07010 - Baker 07041 - Cook T 12.28 07042 - Cook II 122.991 1 07070 - Dishwasher 1 07130 - Food Service Worker 10.29 11.20 07210 - Meat Cutter 15,92 07260 - Waiter/Waitress 09000 - Furniture Maintenance And Repair Occupations 9.85 09010 - Electrostatic Spray Painter 20.45 09040 - Furniture Handler l3 66 09080 - Furniture Refinisher 20.45 09090 - Furniture Refini,sher Helper 16 09110 - Furniture Repairer, Minor .30 16.74 09130 - Upholsterer 11000 - General Services And Support Occupations 20.45 11030 - Cleaner, Vehicles 11.76 11060 - Elevator Operator - 11 76 11090 Gardener 11122 - Housekeeping Aide .19,21 12.58 11150 - ,7anitor 14.04 11210 - Laborer, Grounds Maintenance - 14.40 11240 - Maid or Houseman 10,16 11260 - Pruner 13.27 11270 - Tractor Operator 17.13 11330 - Trail Maintenance Worker 14.40 11360 - Window Cleaner 15,77 12000 - Health Occupations 12010 - Ambulance Driver 17.82 12011 - Breath Alcohol Technician 17,82 12012 - Certified Occupational Therapist Assistant 26,38 12015 - Certified Physical Therapist Assistant 26,70 25G-62 CRGIGSA-15-0007 Attachment 3 - Wage Determination 12020 - Dental Assistant 12025 - Dental Hygienist 12030 - EKG Technician 12035 - Elactroneurodiagnostio Technologist 12040 - Emergency Medical Technician 12071 - Licensed Practical Nurse I 12072 - Licensed Practical Nurse SZ 12073 - Licensed Practical Nurse III 12100 - Medical Assistant 12130 - Medical Laboratory Technician 12160 - Medical Record Clerk 12190 - Medical Record Technician 12195 - Medical Transcriptionist 12210 - Nuclear Medicine Technologist 12221 - Nursing Assistant I 12222 -,Nursing Assistant 11 12223 - Nursing Assistant III 12224 - Nursing Assistant IV 12235 - optical Dispenser 12236 - Optical Technician 12250 - Pharmacy Technician 12280 - Phlebotomist 12305 - Radiologic Technologist 12311 - Registered Nurse I 12312 - Registered Nurse 11 12313 - Registered Nurse 11, Specialist 12314 - Registered Nurse III 1231.5 - Registered Nurse III, Anesthetist 12316 - Registered Nurse SV 12317 - Scheduler (Drug and Alcohol Testing) 13000 - Information And Arts occupations 13011 - Exhibits specialist I 13012 - Exhibits Specialist I1 13013 - Exhibits Specialist III 13041 - Illustrator 1 13042 - I11ustra Lor II 13043 - Illustrator III 13047 - Librarian 13050 - Library Aide/Clerk 13054 - Library Information Technology Systems Administrator 13058 - Library Technician 13061 - Media Specialist I 13062 - Media Specialist II 13063 - Media Specialist Irl 13071 - Photographer I 13072 - Photographer 11 13073 - Photographer III 13074 - Photographer IV 13075 - Photographer V - 13110 - Video Teleconference Technician 14000 - Information Technology Occupations 14041 - Computer Operator I 14042 - Computer Operator IT 14043 - computer operator IIS 14044 - computer Operator IV 14045 - Computer Operator V 14071 - Computer Programmer I 14072 - Computer Programmer 11 14073 - Computer Programmer III 14074 - Computer Programmer IV 25G-63 (see 1) (see 1) (see 1) (see 1) 17,27 38.39 28,1,4 28.14 17.82 18.43 20.,68 23.72 14.82 19.73 16.07 18,53 19.35 36.54 10.19 11.46 12.50 14,03 17.00 15.71 17,83 14,03 23.24 31.47 38.49 38.49 48,20 48.20 57.77 25.09 24.83 30.76 37.63 27.84 34.51 42,16. 31.80 16,49 28,71 22.40 20.36 22.76 25,38 17,95 20.08 26.61 33.56 40.61 20.08 17.82 19,93 22,89 25.73 27,35 27.42 EMMA-15.0007 Attachment 3 - Wage Detemlination 14101 - Computer SYStomS Analyst T (see 1) 14102 - Computer Systems Analyst 11 (see 1) 14103 - Computer Systems Analyst III (see 11 14150 - Peripheral Equipment Operator 14160 Personal Computer Support Teohnician 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Mon -Rated) 15020 - Airoraw Training Device% Instructor (Rated) 15030 - Air Crew Training Devices Instructor (pilot) 15050 - Computer Eased Training Specialist / Instructor 15060 - Educational Technologist 15070 - Flight Instructor (Pilot) 15080 - Graphic Artist 15090 Technical Instructor L5095 - Technical Instructor/Course 'Developer 15110 - Test Proctor 15120 - Tutor 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine -Tool Operator (Tool Room) 19040 - Tool And Die Maker 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 2.1030 - Material Coordinator 21040 - Material Expediter 21050 - Material Handling Laborer 21071 - Order Filler 21080 - production Line Worker (Food processing) 21110 - Shipping Packer 21130 - Shipping/Receiving Clerk 21140 - Store Worker 1 21150 - Stock Clerk -21210 - Tools And parts Attendant 21410 - Warehouse Specialist 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 23021 - Aircraft Mechanic I 23022 - Aircraft Mechanic II 23023 - Aircraft Mechanic III 23040 - Aircraft Mechanic Helper 23050 - Aircraft, Painter 23060 - Aircraft Servicer 23080 - Aircraft Worker 23110 - Appl$ance Mechanic 23120 - Bicycle Repairer 23125 - Cable Splicer 23130 - Carpenter, Maintenance 237,40 - Carpet Layer 23160 - Electrician, Maintenance 23181 - Electranics Technician Maintenance I 23182 - Electronics Technician Maintenance IT 23183 - Electronics Technician Maintenance III 23260 - Fabric Worker 23290 - Fire Alarm System Mechanic 23310 - Fire Extinguisher Repairer 23311 - Fuel Distribution System Mechanic 23312 - Fuel Distribution System Operator 23370 - General Maintenance Worker 23380 - Ground Support Equipment Mechanic 23381 - Ground Support Equipment Servicer 23382 - Ground Support Equipment Worker 23391 - Gunsmith I 25G-64 17.82 ' 25.73. f �I 34,73 42,03 50.37 34.73 36.09 50,37 26,72 25,70 31.47 20.'77 20.77 18,52 23,95 14.54 23.51 23.51 13.02 13.31 14,54 15.08 15.08 11.53 17.13 14.54 14.54 30.78 29.10 30.78 31.94 20.38 24.41 23.55 24.58 20.11 15.47 32.84 27.67 21.12 30.18 23.67 25.21 26.76 23.87 22.33 20.03 25,94 1983 23,26 29.10 23.55 24.58 20.03 4 EROIGSA•15-0007 Attachment 3 - Wage Determination 23392 - Gunsmith iz 23393 - Gunsmith Ur 23 16 23430 - Heavy Equipment Mechanic 26.19 23440 - Heavy Equipment Operator 28 30 23460 - rnatrument Mechanic 32.10 23465 - Laboratory/Shelter Mechanic 27 13 23470 - Laborer 24.67 23510 - Locksmith 12.49 23530 - Machinery.Maintenance Mechanic 20 49 23550 - machinist, Maintenance 27,12 23560 - Maintenance Trades Helper 25.41 23591 - Metrology Technician 1 14,82 23592 - Metrology Technician 1.r 27 13 23593 - Metrology Technician 111 28.74 23640 - Millwright 31.43 23710 - Office Appliance Repairer 25.63 45 23760 - painter, Maintenance 20.86 23790 - Pipe£itter, Maintenance 21,05 23810 - Plumber, Maintenance 25.74 23820 - Pneudraulic Systems Mechanic 24 24 23850 - Rigger 26 89 23870 - Scale Mechanic 26 81 23890 - Sheet -Metal Worker, Maintenance. 23.86 23910 - Small Engine Mechanic 29 34 23931 - Telecommunications Mechanic 1 18 70 23932 - Telecommunications Mechanic ZX 26.30 23950 - Telephone Lineman 27.86 23960 - Welder, Combination, Maintenance 24.18 23965 - Well Driller 19 75 23970 - Woodcraft Worker 24,56 23980 - Woodworker 23 90 24000 - personal Needs Occupations 18.49 24570 - Child Care Attendant 24580 - Child Care Center clerk 13.05 24610 - Chore Aide 16 03 24620 - Family Readiness And Support services 10 57 Coordinator 18 03 24630 - Homemaker 25000 - plant And System Operations Occupations 15.21 25010 - Boiler Tender 25040 - Sewage Plant Operator 27.59 25070 - stationary Engineer 28,83 25190 - Ventilation Equipment Tender 27.59 25210 - Water Treatment plant Operator 19.34 27000 - Protective Service Occupations 28.83 27004 - Alarm Monitor 27007 - Baggage -Inspector '-. 23.77 27008 - Corrections Officer 13.15 27010 - court Security Officer 31.01 27030 - Detmation Dog Handler 31.00 27040 - Detention officer 23,77 27070 - Firefighter 31.01 27101 - Guard 1 29.97 27102 - Guard 11 13.15 27131 - police Officer r 23,77 - 27132 - Police officer 11 36.78 2&000 - Recreation Occupations 40.87 28041 - Carnival Equipment Operator 28042 - Carnival Equipment Repairer 12,76 28043 - Carnival Equpment Worker 12-.7467 28210 - Gate Attendant/Cate Tender 9.14,16 25G-65 ER010SA-150007 Attnchnlent 3 -Wage iletelmination 28310 - Lifeguard 28350 - Park Attendant (Aide) 13.48 15.83 28510 - Recreation Aide/Health Facility Attendant 11,56 28515 - Recreation Specialist 19.61 28630 - Sports Official 28690 - Swimming Pool Operator 12 61 16.97 29000 - Stevedoring/Lougsharemen Occupational Services 29010 - Blocker And Bracer 23.42 29020 - Hatch Tender 23.42 29030 - Lina Handler 23.42 29041 - Stevedore I 21.88 29042 - Stevedore It 24.95 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.85 30011 - Air Traffic Control Specialist, Station (HFO) {see 2) 27,98 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30,26 30021 - Archeological Technician I 22.52 30022 - Archeological Technician I1 24.21 30023 - Archeological Technician ISI 34,46 70030 Cartographic Technician 34.46 30040 - Civil Engineering Technician 30.78 30061 - Drafter/CAD Operator 1 24.66 30062 - Drafter/CAD Operator 11 27,81 30063 - Drafter/CAD Operator III 31.00 30064 - Drafter/CAD Operator IV 38.15 30081 - Engineering Technician I 19.68 30082 - Engineering Technician 11 22.09 30083 - Engineering Technician 111 24.70 30084 - Engineering TecluAcian IV 30.60 30085 - Engineering Technician V 37,43 30086 - Engineering Technician VI 45.29 30090 - Environmental Technician 27.72 30210 - Laboratory Technician 23.13 30240 - Mathematical Technician 3392 30361 - Paralegal/Legal Assistant 1 21,83 30362 - Paralegal/Legal Assistant 11 27.04 30363 - Paralegal/Legal Assistant III 33,08 30364 - Paralegal/Legal Assistant IV 4043 30390 - Photo -Optics Technician 3L92 30461 - Technical Writer 1 23.62 30462 - Technical Writer It 28,89 30463 - Technical Writer 1I1 34,96 30491 - Unexploded Ordnance (UXO) Technician 1 25,32 30492 - Unexploded Ordnance (UX4) Technician lI 30,64 30493 - Unexploded Ordnance (UXO) Technician III 36,72 30494 - Unexploded iUXO) Safety Escort 25 32 30495 - Unexploded (UXo) Sweep Personnel 25.32 30620 - Weather Observer, Combined Upper Air, Or (see 2) 30.42 Surface Programs 30621 - Weather Dbserver, Senior (see 2) 33.79 31000 - Transportation/Mobile Equipment Operation Occupations 31020 - Bus Aide 13.63 31030 - Bus Driver 19.62 31043 - Driver Courier 13 3.,2727 31260 - Parking and Lot Attendant 9.30 31290 - Shuttle Bus Driver 14,48 31310 - Taxi Driver 13.27 31361 - Truckdrivez, Light 14,48 31362 - Truckdriver, Medium 20,63 31363 - Truckdriver, Heavy 21,78 31364 - Truckdriver, Tractor -Trailer 21,78 25G-66 i L I EROIGSA-15.0007 Attachment 3 - Wake Determination 99000 - M1Iiscellaneoua Occupations 99030 - Cashier 99050 - Desk clerk 12,13 99095 - Embalmer 12.55 99251 - Laboratory Animal Caretaker x 23'19 99252 - Laboratory Animal Caretaker ZI 11,02 99310 - Mortician 12.08 99410 - Pest Controller 34.35 99510 - Photofinishing Worker 15.19 99710 - Recycling Laborer 16,35 99711 - Recycling Specialist 21.03 99730 - Refuse Collector 24.67 99810 - Sales Clark 18,76 99820 - School Crossing Guard 17,13 99630 - Survey Party Chief 9.31 99831 - Surveying Aide 37,97 99832 - Surveying TochnicIan 21.26 99840 - Vending Machine Attendant 27,95 99841 - Vending Machine Repairer 12,77 99842 - Vending Machine Repairer Helper 15,42 12.77 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS; HEALTH & WELFARE; 54.02 per hour or $160.60 per week or $696.79 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after s years, and 4 weeks after 15 years, Length of service Includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the Performance of similar work at the same Federal facility. (Rag. 29 CFR 4.178) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther Ring Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans, Day, Thanksgiving Day, and Christmas Day, (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved,) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESE5 RECEIVE THE FOLLOWINdr 1) COMPUTER EMPLOYEES: Under the SCA at seeder; e(b), this wage determination does not apply to any employee who individually qualities as a bona fide executive, administrative, ar professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analyets and Computer Programmers who are compensated at a rate not less than $27,63 (or an a salary or fee basis at a rate not less than $455 per week) an hour would likely quality as exempt computer professionals, (29 C,F,R. 541, 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for same or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27,63 per hour conformances may be necessary for Certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst cr Computer Programmer occupations for which this wage determination does act specify an SCA wade rate; then the wage rate for that employee must be conformed in accordance with the 7 25G-67 EROYOSA-15-0007 Attachment 3 - Wage Detemlinadon conformance procedures described in the conformancenoteincluded on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles ars not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of; (1) The application of systems analysis techniques and procedures, ,including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systema or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R, 541.400). 2) AWR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY; If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10& of basic pay for any hours worked between bpm and Gam. If you ars a full-time employed (40 hours a week) and Sunday is part of your regularly Scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 254 of your basic rate for each hour of Sunday work which is not overtime (i,e, occasional work on Sunday outside the normal tour of duty is considered overtime work), HAZARDOUS PAY DIFFERENTIAL: An S percent differential is applicable to employees employed In a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials, This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry-houso activities involving propellants or explosives, Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree Of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary Ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay, UNIFORM ALLOWANCE *� if employees are required to wear uniforms in the performance of this contract (either by tho terms of the Government contract, by the employer, by the state or local law, eto.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to roimbursa employees for the actual 25G-68 EROIGSA-I5-0007.Attaehment 3 - Wage Determination cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees fox such cleaning and maintenance at a rate of $3,35 per week (or $,67 cents per day). Howaver, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms Of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unleos otherwise indicated, Copies Of the Directory are available on the zntmrnat. A links to the Directory may be found on the WHIG home page at https//www,dol. gav/aaa/whd/ or through the Wage Determinations On -Line MOL) Web site at http://wdol.gov/, REQUEST POR AUTHORISATION OF ADDTTIONAt, CLASSIFICATION AND WAGE RATE (Standard Form 1444 (SF 14401 Conformance Prncass; The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i,e „ the work to be performed is not performed by any classifioation listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (3,e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the Fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted olass(es) Of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. (Sea Section 4,6 (C)(vi)) When multiple wage determination, are included in a contract, a separate SF 1444 should ba prepared ear each wage determination to which a classes) is to be conformed. The process for preparing a conformance request is as Fallows: , 1) When preparing the bid, the contractor identifies the need for a conformed oocupation(s) and computes a proposed rate(s), 2) After contract award, the contractor prepares a written report listing in order proposed classification title($), a Federal grade equivalency (PGE) for each proposed classification(s), job description($), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be re Is no to the contracting officer no or tar than 30 days after, such unlisted claos(es) of employees Performs any contract wank, 3) The contracting officer reviews the proposed aactivn ,and promptly submits a report of the action, together with the agency's recommendations and pertinent. Information including the position of the contractor and the employees, to the Wage and Hour. Division, Employment Standards Administration, U.S. Department of Gabor, Ear review, (See section 4.6(b)(2) of Regulations 29 CPR hart 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modiflos, or 25G-69 EROTG5A-15.0007 Attachment 3 - Wago IDotenninatioti disapproves the action via transmittal to the agency contracting nffioer, or notifies ttre contracting oe Einer that additional time will be required to process the request. 5) The contracting officer transmits the WageandHour decision to the contractor, 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on 'Sr 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" {the Directory) should be used to oompare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whather a class is included in an established wage determination, Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. 10 25G-70 Attachment 4 25G-71 EROIGSA-15.0007 ATTACHMENT dt INCORPORATION Or DI -IS PR>UA STANDARDS This document incorporates the requirements from Subpart A of the US. Department of Homeland Security (DENS) regulation titled, "Standards to Prevent, Detect, mud Respond to Sexual Abuse and Assault in Confinement Facilities," 79 Fed, Reg, 13100 (Mar, 7, 201 4) that are specWcally applicable to detention facilities. Requirements that are applicable to the agency only have not been included, and accordingly, the numbering and sequential order within each of the below sections may not necessarily reflect those contained in Subpart A. Where any requirements of the DHS standards may conflict with the terms of the ICE 2011 Performance -Based National Detention Standards (PBNDS 2011) currently applicable at the facility, the DHS AREA standards shall supersede: 115,6 Definitions R©fated to Sexusl Abuse and Assault (1) Sexual abuse includes— (a) Sexual abuse and assault of a detainee by another detainee; and (b) Sexual abuse and assault of a detainee by a staff member, contractor, or volunteer. (2) Sexual abuse of a detainee by another detainee includes any of the following acts by one or more detainees, prisoners, inmates, or residents of the facility in which the detainee is housed who, by force, coercion, or intimidation, or if the victim did not consent or was unable to consent or refuse, engages in or attempts to an in: (a) Contact between the penis and the vulva or anus and, for purposes of this subparagraph, contact involving the penis upon penetration, however slight; (b) Contact between the mouth and the penis, vulva, or anus; (c) Penetration, however, slight, of the anal or genital opening of another person by a hand or finger or by any object; (d) Touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person; or (e) Threats, intimidation, or other actions at communications by one or more detainees aimed at coercing or pressuring another detainee to engage in a sexual act. (3) S , ual abuse of a data nee by a staFF mon bar Contractor oy r volunteer includes any of the following acts, if engaged in by one or more staff members, volunteers, or contract personnel who, with or without the consent of the detainee, engages in or attempts to engage in: (a) Contact between the penis and the vulva or anus and, for pnrposos of this subparagraph, contact involving the penis upon penetration, however alight; (b) Contact between the mouth and the penis, valva, or anus; (c) Penetration, however slight, of the, anal or genital opening of another personby a hand or finger or by any object that is uneolatsd to official duties or where the staff member, contractor, or volunteer has the 'intent to abuse, arouse, or gratify sexual desire; (d) Intentional touching of the gonitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (e) Threats, intimidation, harassment, hidecent, profane or abusive language, or ()their actions or communications, aimed at coaroing or pressuring a detainee to engage in a sexual act; (f) Repeated verbal statements or comments of a sexual nature to a detainee; (g) Any display of his or her uncovered genitalia, buttocks, or breast in the presence of an innate, detainee, or resident, or (h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee for reasons nmrelated to official duties. Where riot conducted for reasons relating to official duties, the following axe examples of voyeurism: staring at a detainee who is using a toilet 25G-72 EROIGSA-15,0007 ATTACITNIENT 4; INCORPORATION OF DIIS PRE, A STANDARDS in his or hot, cell to perform bodily functions; requiring an innate detainee to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a detainee's asked body or of a detainee performing bodily functions, P12PV1;NTTON PLANNING 115,11 Ze o tolerance of sexual abase, Prevention oy Sexnal Ascanit Coordinator (1) Bach facility shall have a writton policy mandating zero tolerance toward all farms of sexual abuse and outlining the facility's approach to preventing, deteotng, and responding to such conduct. The agancy shall review and approve each facility's written policy. (2) Each facility shall employ or designate a Prevention of Soxual Assault Compliance Manager (PSA Compliance Manager) who shall serve as the facility point of contact for the ICE PSA Coordinator slid who has sufficient time and authority to oversee facility efforts to comply with facility sexual abuse prevention and intervention policies and procedures. 115,13, Detainee sopervision and monitorine (1) Each facility shall ensure that it maintains sufficient supervision of detainees, including through appropriate staffing levels and, where applicable, video monitoring, to protect detainees against sexual abuse. (2) Each facility shall develop and document comprehensive detainee supervision guidelines to determine and meet the facility's detainee suporvision needs, and, shall reviow those guidelines at least annually. (3) In determining adequate levels of detainee supervision and determining the need for video monitoring, the facility shall take into consideration generally accepted detention and correctional Practices, any Judicial find{tags of inadequacy, the physical layout of each facility, the composition of the detainee population, the prevalence of substantiated and unsubstantiated incidents of sexual abuse, the findings and recommendations of sexual abuse incident review reports, and any other relevant factors, including but not limited to the length of time detainees spend in agency custody, (4) Each facility shall conduct frequent unannounced security inspections to identify and deter sexual abuse of detainees. Such inspections shall be implemented for night as well as day shifts. Each facility shall prohibit staff from alerting others that these security inspections are oeour ng, unless such announcement is related to the legitimate operational functions of the facility, 11.5,15 Limits to cross- ender Viewing and seairches. (1) Searches may be necessaay to ensure the safety of officers, civilians and detainees; to detect and secure evidence of criminal activity; and to promote security, safety, and related interests at immigration detention facilities. (2) Cross -gender pat -down searches of mate detainees shall not be conducted unless, after reasonable diligence, staff of the same gender is not available at the time the pat -down search is required or in exigent circumstances. (3) Cross -gander pat -dawn searches of female dotainces shall not be conducted unloss in exigent circumstances, (4) All cross-gondor pat -down searches shall be documented. (5) Cross-gendor strip searches or cross -gentler visual body cavity searches shall not be conducted except to exigent circumstances, iuoluding consideration of officer safety, or when performed by medical practitioners. Facility staff shall not conduct visual body cavity searches of juvonilos and, instead, shall refer all such body cavity scorches of juveniles to a medical practitioner, 25G-73 EROIGSA-15-0007 ATTACHMENT 4: INCORPORATION OF DHS PTEA STANDARDS (6) All strip searches and visual body cavity searches shall be documented. (7) Each facility shall implement policies and procedures that enable detainees to shower, perform bodily functions, and change clothing without being viewed by staff of the opposite gender, axcapt in, exigent circumstances or when such viewing is incidental to routine cell checks or is otherwise appropriate in connection with a medical examination or monitored bowel. movement, Such policies and procedures shall require staff of the opposite gender to atuiounce their presence when entering an area where detainees are likely to be showering, performing bodily functions, or changing clothing, (8) The facility shall not search or physically examine a detedrea for the sole purposes of determining the detainee's genital characteristics. If the detainee's gender is unknown, it may be determined during conversations with the detainee, by reviewing medical records, or, if necessary, learning that information as part of a standard medical examination that all detainees must undergo as part oCintako or other processing procedure conducted in private, by a medical practitioner, 115.16 Accotnmodarin detainees with t igablittlos and detainees vrho are limited Engifnh aro Eruent (1) The agency and each facility shall take appropriate steps to ensure that detainees with disabilities (including, for example, detainees who are deaf or hard of hearing, those whe are blind or have Iow vision, or those who ]nave intellectual, psychiatric, or speech disabilities) have an equal Opportunity to participate in or benefit from all aspects of the agency's and facility's efforts to prevent, detect, and respond to sexual abuse, Such steps shall include, when necessary to enstue effective communication with detainees who are deaf or hard of hearing, providing access to in- person, telephonic, or video interpretive services that enable effective, accurate, and impartial interpretation, both receptively and expressively, using any necessary specialized vocabulary. In addition, the a.genoy and facility shall ensure that any written materials related to sexual abuse are provided in formats or through methods that ensure effective communication with detainees with disabilities, including detainees who have intellectual disabilities, limited reading skills, or who arc blind or have low vision. An agency or facility is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue Financial and administzative burdens, as those terms are used in regulations promulgated under title 1.1 of the Americans with Disabilities Act, 28 CBR 35.164. (2) The agency and each facility shall take steps to ensure meningfid access to all aspects of the agency's and facility's efforts to prevent, detect, and respond to sexual abuse to detainees who arc limited English proficient, including steps to provide in-person or telephonic interpretive services that enable effective, accurate, and impartial interpretation, both receptively and expressively, using any necessary specialized vocabulary, (3) In matters relating to allegations of sexual abuse, the agency and each facility shall provide in- person or telephonic interpretation services that enable effective, accurate, and impartial interpretation, by someone other than another detainee, unless the detainee expresses a preference for another detainee to provide interpretation, and the agency determines that such interpretation is appropriate and consistent with DHS policy, 'The provision of interpreter services by minors, alleged abusers, detainees who witnessed Che alleged abuse, and detainees who have a significant relationship with the alleged abuser is not appropriate in matters relating to allegations of sexual abuse. 115.17 Hirhta and promotion decisions (1) An agency or facility shall not hire or promote anyone who may have contact with detainees, and shall not enlist the services of any contractor or volunteer who may have contact with detainees, who has engaged in sexual abuse in a prison, jail, holding facility, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C, 1997); who has been 25G-74 EROIGSA-15-0007 ATTACHMENT 4s I1ITCORPORATION OF DRS PREA STANDARDS convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or who has been civilly or administratively adjudicated to have engaged in such activity. (2) An agency or facility considering hiring or promoting staff shall ask all applicants who may have contact with detainees directly about previous misconduct described in paragraph (1) of this section, in written applioations or interviews for hiring or promotions and in any interviews or written self -evaluations conducted as part of reviews of current employees, Agencies and facilities shall also impose upon employees a continuing affirmative duty to disclose any such misconduct, The agency, consistent with law, shall make its best efforts to contact all prior institutional employers of an apphoant for employment, to obtain information on substantiated allegations of sexual abuse or any resignation during a pending investigation of alleged sexual abuse. (3) Before hiring new staff who may have contact with detainees, the agency or facility shall conduct a background investigation to determine wliother the candidate for hire is suitable for employment with the facility or agency, including a criminal background records check, Upon request by the agency, the facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each staff member and the facility's conclusions. The agency shall conduct an updated background investigation every five years for agency employees who may have contact with detainees. The facility shall require an updated background investigation every five years for those facility staff who may have contact with detainees and who work in iniunigration.-only detention facilities, (4) The agency or facility shall also perform a background investigation before enlisting the services of any contractor who may have contact with detainees. Upon request by the agency, the Facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each contractor and the facility's oenelusions. (5) Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination or withdrawal of an offer of employment, as appropriate. (G) In the event the agency contracts with a facility for the confinement of detainees, the requirements of this section otherwise applicable to the agency also apply to the facility and its staff. 115.18 Unerades to fuciht es and technolo¢ es, I (1) When designing or acquiring any new facility and in planning any substantial expansion or j modification of existing facilities, the facility or agency, as appropriate, shall consider the affect of the design, acquisition, expansion, or modification upon their ability to protect detainees from sexual abuse. (2) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology in an immigration detention facility, the facility or agency, as appropriate, shall consider how such technology may enhance their ability to protect detainees from sexual. abuse. RESPONSIVC PLANNING 115.21 Evidence protocols and forensic medical o. aminations. (1) To the extent that the agency or facility is responsible for investigating allegations of sexual abuse involving detainees, it shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical ovidence for administrative proceedings and criminal prosecutions. The protocol shall be developed in coordination with DHS and shall be developmentally appropriate £or juveniles, where applicable. 25G-75 EROIGSA-15-0007 ATTACHMENT 4; INCORPORATION OF DIIS PREA STANDARDS ' (2) The agency and each facility developing an evidence protocol referred to in paragraph (1.) of this section, shall consider how best to utilize available community resources and services to provide valuable expertise and support in the areas of crisis intervention and counseling to most appropriately address victims' needs. Each facility shall establish procedures to make available, to the full extent possible, outside victim services following incidents of sexual abuse; the facility shall attempt to make available to the victim a victim advocate from a rape crisis center, If a rape crisis center is not available to provide victim advocate services, the agency shall provide these services by malting available a qualified staff member fllom a community-based organization, or a qualified agency staff member, A qualified agency staff member or a qualified community-bascd staff member means an individual who has received education concerning sexual assault and forensic examination issues in general. The outside or internal victim advocate shall provide emotional support, crisis intervention, information, and referrals. (3) Where evidentiarily or medically appropriate,, at no cast to the detainee, and only with the detainee's consent, the facility shall arrange for an alleged victim detainee to undergo a forensic medical examination by qualified health care personnel, including a Sexual Assault Forensic Examiner (SAFE) or Sexual Assault: Nurse Examainor (SANG) where practicable. If SAM or SANEs cannot be made available, the examination can be performed by other qualified health care Personnel, (4) As requested by a victim, the presence of his or her outside or internal victim advocate, including any available victim advocacy services offered by a hospital conducting a forensic exam, shall be allowed for support during a forensic exam and investigatory interviews. (5) To the extent that the agency is not responsible for investigating allegations of sexual abuse, the agency or the facility shall request that the iuveWgatfi g agency follow the requirements of paragraphs (1) through (4) of this section. 115.22 Policies to onsare investirrntioo of allegations and auuropriate a encu oversight, (1) The agency shall establish an agency protocol, and shall require each facility to establish a facility protocol, to ensure that each allegation of sexual abuse is investigated by the agency or facility, or referred to an appropriate investigative authority. (2) The agency shall ensure that the agency and facility protocols required by paragraph (a) of this section, include a description of responsibilities of the agency, the facility, and any other investigating entities; and requirc the documentation and maintenance, for at least five years, of all reports and referrals of allegations of sexual abuse, (3) The agency shall post its protocols on its Web site; each facility shall also post its protocols on its Web site, if it has one, or otherwise make the protocol available to the public. (4) Each. facility protocol shall ensure that all allegations are promptly reported to the agency as described in paragraphs (5) and (6) of this section, and, unless the allegation does not involve potentially criminal behavior, are promptly referred for investigation to an appropriate law enforcement agency with the legal authority to conduct crinunal investigations. A facility may separately, and in addition to the above reports and referrals, conduct its own invostigation, (5) When a detainee, prisoner, inmate, or resident of the facility in which an alleged detainee victim is housed is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake Center, the ICE Office of professional Responsibility or the DHS Office of Inspector General, as well as the appropriate ICE Field Office Director, and, if it is potentially criminal, referred to an appropriate law enforcement agency having jurisdiction for investigation. (6) When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake'Center, the ICE Offico ofProfossional Responsibility or the DHS Office of Inspector General, as well as to the appropriate ICE.Field Office Director, and to the local government entity or contractor that 25G-76 BROIGSA-15-0007 ATTACHMENT 4: INCORPORATION OF DITS PRE, A STANDARDS owns or operates the facility, If the incident is potentially ariminal, the facility shall ensure that it is promptly referred to an ,appropriate law enforcement agency having jurisdiction for investigation. TRAINING AND EDUCATION 115,31 Staff training, (1) The agency shall train, or require the training of, all employees who may have contact with immigration detainees, and all facility staff, to be able to fulfill their responsibilities under this pert, including training on: (a) The agency's and the facility's zero -tolerance policies for all forms of sexual abuse; (b) The right of detainees and staff to be flee from sexual abuse, and from retaliation for reporting sexual abuse; (c) Definitions and examples of prohibited and illegal sexual behavior; (d) Recognition of situations where sexual abuse may occur; (e) Recognition of physical, behavioral, and emotional signs of sexual abuse, and methods of preventing and responding to such occurrences; (f) How to avoid inappropriate relationships with detainees; (g) How to communicate effectively and professionally with detainees, including lesbian, gay, bisexual, transgender, intersex, or gender nonconfortning detainees; (h) Procedures for reporting knowledge or suspioien of sexual abuse; and (i) The requirement to limit reporting of sexual abuse to personnel with a need -to -know in order to make decisions concerning the victim's welfare and for law enforcement or investigative purposes, (2) All current facility staff, and all agency employees who may have contact with immigration detention facility detainees, shall be trained within one year of May 6, 2014, and the agency or facility shall provide refresher information every two years. (3) The agency and each facility shall document that staff Haat may have contact with immigration facility detainees have completed the training. 115,32 Other training, (1) The facility shall ensure that all volunteers and other contractors (as definod in paragraph (4) of this section) who have contact with, detainees have been trained on their responsibilities under the agency's kind the facility's sexual abuse prevention, detection, intervention and response policies and procedures, (2) The level and type of training provided to volunteers and other contractors shall be based on the services they provide and level of contact they have with detainees,but all volunteers and ether contractors who have contact with detainees shall he notified of the agency's and the facility's zero -tolerance policies regarding sexual abuse and informed how to report such incidents. (3) Each facility shall receive and maintain written confirmation that volurrtaecs and other contractors who have contact with immigration facility detainees have completed Phe training. (4) In this section, the term other conlrractor means a person who provides services on a non- recurring basis to the facility pursuant to a contractual agreement with the agency or facility. 115.33 Detainee education (1) During the intake process, each facility 611,111 ensure that the detainee orientation program notifies and informs detainees about the agency's and the facility's zero -tolerance policies for all forms of sexual abuse arad includcs (at a minimum) instruction on: 25G-77 EROIGSA-15-0007 ATTACD,MEN'T 4: INCORPORATION OF DAS PRE' A STANDARDS (a) Prevention and intervention strategies; (b) Definitions and examples of detainee -on -detainee sexual abuse, staff -on -detainee sexual abuse and coercive sexual activity; (c) Explanation of methods for reporting sexual abuse, including to any staff member, including a staff member other than an immediate pohat-of contact line officer (e.g., the compliance manager or a mental health specialist), the DHS Office of Inspector General, and the Joint Intake Center; (d) Information about solf protection and indicators of sexual abuse; (c) Prohibition against retaliation, including an explanation that reporting sexual abuse shall nat negatively impact the detainee's immigration proceedings; and (f) The right of a detainee who has been subjected to sexual abuse to receive treatment and counseling. (2) Each facility shall provide the detainee notification, orientation, and instmotionin formats accessible to all detainees, including those who are lhxdted.English proficient, deaf, visually unpaired. or otherwise disabled, as well as to detainees who have limited reading dills. (3) The facility shall manitain documentation of detainee participation in the intal<eproms orientation. (4) Each facility shall post on all housing unit bulletin boards the following notices; (a) The DHS -prescribed sexual assault awareness notice; (b) The name of the Prevention of Sexual Abuse Compliance, Manager; and (c) The name of local organizations that can assist detainees who have been victims of sexual abuse. (5) The facility shall make available and distribute the DHS -prescribed "Sexual Assault Awareness Information" pamphlet, (6) Information about reporting sexual abuse shall be included in the agency Detainee Handbook made available to all immigration detention facility detainees. 115.34 Specialized training: Investigations, (1) In addition to the general training provided to all facility staff and employees pursuant to § 115,3 1, the agency or facility shall provide specialized training on sexual abase and effective oross-agency coordination to agency or facility investigators, respectively, who conduct investigations into allegations of sexual abuse at immigration detention facilities. All investigations into alleged sexual abuse must be conducted by qualified investigators. (2) The agency and facility must maintain written documentation verifying specialized training provided to investigators pursuant to this section. ,115.35 Specialized training: Medical and mental health eatre (1) The agency shall review and approve the facility's policy and procedures to ensure that facility medical staff is trained in procedures for examining and treating victims of sexual abuse, in facilities where medical staff may be assigned these activities, ASSESSMENT FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS 115.41 Assessment for risk of victimize on and Ousiveness, (1) The facility shall assess all detainees on intake to identify those likely to be sexual aggressors or sexual abuse victims and shall house detainees to prevent sexual abuse, taking necessary stops to mitigate any such danger, Each now arrival shall be kept separate fii-om the general population until he/she is classified and may be housed accordingly. 25G-78 LROIGSA.15-0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS (2) The initial classification process and initial housing assignment should be completed within twelve hours of admission to the facility. (3) The facility shall also consider, to the extent that the information is available, the following criteria to assess detainees for risk of sexual victimization: (a) Whether the detainee has a mental, physical, or developmental disability, (b) The age of the detainee; (c) The physical build and appearance of the detainee; (d) Whether the detainee has previously been incarcerated or detained; (e) The nature of the detainee's criminal history; (l) Whether the detainee has any convictions for sex offenses against an adult or child; (g) Whether the detainee has solf-identilled as gay, lesbian, bisexual, transgender, intersex, or gender nonoenforming; (h) Whether the detainee has self -identified as having previously experienced sexual victimization; and (i) The detainee's own concerns about big or her physical safety. (4) The initial screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the facility, in assessing detainees for risk of being sexually abusive, (5) The facility shall reassess each detainee's risk of victimization or abusiveness between 60 and 90 days from the date of initial assessment, and at any other time when warranted based upon the receipt of additional, relevant information or following an incident of abuse or victimization. (6) ,Detainees shall not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (3)(a), (3)(g), ('3)(h), or (3)(i) of flys section. (7) The facility shall implament appropriate controls on the dissemination within the facility of responses to questions askod pursuant to this standard in order to ensure that sensitive information is not exploited to the doWnee's detriment by staff or other detainees or inmates. 115.42 Vse of assessrnenl infor aCion (1) The facility shall use the information from the risk assossment under § 115,41 of this part to inform assi,gtuncu.t of detainees to housing, recreation and other aotivitles, and voluntary work. The agency shall make individualized determinations about how to ensure the safety of each — detainee. I (2) When making assessment and housing decisions for it tranagonder or intersex detainee, the facility shall consider Che detainee's gender self fdontfflcatioo and x assessrnenl of the effects of placement Or, the detainee's health and safety. The facility shall consult a medical or moatal health professional as soon as practicable an this assessment, The facility should not base placement decisicrss of tratlsgender or intersex detainees solely on the identity documents or physical anatomy of the detainee; a detainee's self identification of his/her gentler and self- assessment of safety needs shall always be taken into consideration as well. The facility's ptamment of a transgender or intersex detainee shall be consistent with the safety and security considerations of the facility, and placement and programming assignments for each transgendor or intersex detainee shall be reassessed at least twice each year to review any threats to safety experienced by the detainee. (3) When operationally .feasibte, transgender and intersex detahtees slurp be given the opportunity to shower separately from otter detainees. 115.43 P'roteotive errstodv 25G-79 EROIGSA,15,0007 ATTACHMENT 4! INCORPOIWEION OF DES PRAA STANDARDS (1) The facility shall develop and follow written procedures consistent with the standards in this subpart for each facility governing the management of its administrative segregation unit. These procedures, which should be developed in consultation with the WE Enforcemeut and Removal Operations Field Office Director havingjurlidiction for the facility, must document detailed reasons for placement of an individual in administrative segregation on the basis of a re) ncrability to sexual abuse or assault. (2) 1l80 of administrative segregation by facilities to protect detainees vednorable to sexual abuse or assault shall be restricted to those instances where reasonable efforts have) been made to provide appropriate housing and shall be made for the) least amount of time practicable, and when no other viable housing options exist, as a last resort,. The facility should assign detainees vulnerable, to sexual abuse or assault to administrative segregation for their protection until an alternative means of separation from l lcoty abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days, (3) Facilities that place vulnerable detainees in administrative segregation for protective custody shall provide Chose detainees access to programs, visitation, =utsol and other services available to the general population to the maximum extent practicable. (4) Facilities shall implement written procedures fur the regular review of all vulnerable detainees placed in administrative segregation for their protection, as follows: (a) A supervisory staff member shall conduct a review within 72 hours of the detainee's placement in administrative segregation to determine whether segregation is still warranted; and (b) A supervisory staff member shall conduct, at a minimum, an identical review after the detainee has spent seven days in administrative segregation, and every week thereafter for the first 30 days, and every 10 days thereafter, (5) Facilities shall notify the appropriate ICE Field Office Director no later than 72 hours after the initial placement into segregation, whenever a detainee has been placed, in administrative segregation on the basis of a vulnerability to sexual abuse or assault. REPORTING 15 51 Detairree renoe•tind. (1) The agency and each facility shall develop policies and procedures to ensure that dote) noes have multiple ways to privately report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents. The agency and each facility shall also provide instructions on how detainees may contact their consular official, the DHS Office of the Inspector General or, as appropriate, another designated office, to confidentially and, if desired, anonymously, report these incidents. (2) The agency shall also provide, and the facility shall inform the detainees of, at least one way for detainees to report sexual abuse to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward detainee reports of sexual abuse to agency officials, allowing the detahaee to remain anonymous upon request. (3) Facility policies and procedures shall include provisions for staff to accept reports made verbally, in writing, anonymously, and from third parties and to promptly document any verbal reports. 115,52 Grievances. (1) The facility shall permit a detainee to file a formal grievance related to sexual abuse at any time during, after, or in lieu of lodging an informal grievance or complaint, (2) The facility shall not impose a time limit on when a dctaiaee may submit a grievance regarding an allegation of sexual abuse. 25G-80 EROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF DHS PRE, A STANDARDS (3) The facility shall implement written proceduras for identifying and handling time -sensitive grievances that involve an Immediate threat to detainee 11011th, safety, or welfare related to sexual abuse, (4) Facility staff shall bring medical emergencies to Clio immediate attention of proper medical personnel for further assessment. (5) The facility shall issue a derision on the grievance within five days of receipt and shall respond to an appeal of the grievance decision within 30 days, Facilities shall send all grievances related to sexual abuse and the facility's decisions with respect to such grievances to the appropriate ICE Field Office Director at the and of the grievance process. (6) To prepare a grievance, a detainee may obtain assistance from another detainee, the housing officer or other facility staff, family members, or legal representatives. Staff shall take reasonable steps to expedite requests for assistance from these other parties, 115.53 Detalnee access to outside contldential snuuort,services (1) Each facility shall utilize available comaumity resources and services to provide valuable expertise and support in the areas of crisis intervention, counseling, investigation and the prosecution of sexual abuse perpetrators to most appropriately address victims' needs, The facility shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers or, if local providers are not available, with national organizations that provide legal advocacy and confidential 0410tional support services for immigrant victims of crime. (2) Each facility's written policies shall establish procedures to include outside agencies in the facility's sexual abuse prevention and intervention protocols, if such resources are available, (3) Each facility shall make available to detainees information about local organizations that can assist detainees who have, been victims of sexual abuse, n cludhzg mailing addresses and telephone numbers (including toil -free hotline numbers where available). If no such local organizations exist, the facility shall make available, the same information about national organizations. The Facility shall enable reasonable communication between detainees and these organizations and agencies, in as confidential a manner as possible, (4) Each facility shall inform detainees prior to giving them access to outside resources, of the extent to which such connnunications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. 115.34 Third -party weuortin (1) Each facility shall establish a method to receive third -party reports of sexual abuse in its immigration detention facilities and shall make available to the public information on how to report sexual abuse on behalf of a detainee, OFFICIAL RESPONSE FOLLOWING A DETAINEE REPORT 115.61.,,Staff renortlne dntics (.1.) The agency and each facility shall require all staff to report immediately tuzd according to agency Policy any knowledge, suspicion, or information regarding an incident of sexual abuse that occurred in a facility; retaliation against detainees or staff who reported or participated in an nvastigatlon about stitch an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The agency shall review and approve facility Policies and procedures and shall ensure that Cho facility specifies appropriate reporting procedures, Including a method by which staff can report outside of the chain of command, (2) Staff members who become aware of alleged sexual abuse shall Immediately follow the reporting 10 25G-81 ERCIGSA-15.0007 ATTACHMENT 4: INCORPORAUON OF DIIS PRE' A STANDARDS requiremeWs set forth in the agency's and facility's written policies and procedures. (3) Apart from such reporting, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessit author Cher victim zation of other detainees oy to help protect the safety of the victim or prevent r staff in the facility, or to mako medical treatment, investigation, law enforcement, or other security and management decisions, 135.62 Protection duties (1) Tf an agency employee or facility staff member has a reasonable belief that a detainee is subject to a substantial risk of imminent sexual abuse, he or she shall take immediate action to protect the detainee. 115.63 Reporting to other confinement Facilities (1) Upon receiving an allegation that a detainee was sexually abused while confined at another facility, the agency or facility whose staff received the allegation shall notify the ICE Field Office and the administrator of the facility where the alleged abuse occurred, (2) The notification provided in paragraph (1) of this section shall be provided as soon as possible, but no later than 72 hours after receiving the allegation. (3) The agency or Facility shall document that it has provided such notification (4) The agency or facility office that receives such notification, to the extent the facility is covered by this subpart, shall ensure that the allegation is referred for investigation in accordance with these standards and reported to the appropriate ICE Field Office Director, 115.64 Responder duties. (1) Upon learning of an allegation that a detainee was sexually abused, the first security staff member to respond to the report, or his or her supervisor, shall be required to: (a) Separate the alleged victim and abuser; (b) Preserve and protect, to the greatest extent possible, any crime scene until appropriate steps can be taken to collect any evidence; (c) If the abuse occurred within a, time period that still allows for the collection of physical evidence, request the alleged victim not to take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smolc ng, drinking, or eating; and (d) If the sexual abuse Occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged, abuser does not take any actions that could destroy physical evidence, hicluding, as appropriate, washing, brushing tooth, changing clothes, urinating, defecating, smoking, drinking, or eating. (2) If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence and then notify security staff, 115.65 Coordinated response (1) Each facility shall develop a written institutional plan to coordinateactions taken by staff first responders, medical and mental health practitioners, investigators, and facility leadership in response to art incident of sexual abuse, (2) Each facility shall use a coordinated, mulddiseiplinaI y team, approach to responding to sexual abuse. (3) If a victim of sexual abuse is transferred between DRS immigration detention facilities, the sending facility shall, as permitted by law, inform the receiving facility of the incident and the 11 25G-82 EPOIGSA-15-0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS victim's potential need for medical or social services. (4) If a victim is transferred between DHS immigration detention facilities or to a non -DHS facility, the sending facility shall, as pQrjadtted by law, inform the receiving facility of the incident and the victim's potential need for medical or social services, unless the victim requests Otherwise, 115.$6 Protection of detalnees from contact with alleged abusers. (1) Staff, contractors, and volunteers suspected of perpetrating sexual abuse shall, be removed from all duties requiring detainee contact pending the outcome of an investigation. 115 67 Agenev Protection against retaliation. (1) Staff, contractors, and volunteers, and immigration detention facihty detainees, shall not retaliate against any person, including a detainee, who reports, complains about, or participates in an investigation into an allegation of sexual abuse, or for participating in sexual activity as a result of force, coercion, threats, or fear of force, (2) For at least 90 days following a report of sexual abuse, the agency and facility shall monitor to see if there are facts that may suggest possible retaliation by detainees or staff, and shall act promptly to remedy any such retaliation. 115.68 Past-alleaation nrmtective custody (1) The facility shall taloa care to place detainee victims of sexual abuse in a supportive cnvironrnent that represents the least restrictive housing option possible (e.g., protective custody), subject to the requirements of § 115,43. (2) Detainee victims ,shall not be hold for longer than five days in any type of administrative segregation,, except in highly unusual circumstances ar at the request of the detainee, (3) A detainee victim who is in protective custody after having been subjected to sexual abuse shall not be returned to the general population until completion of a proper re -assessment, taking into consideration any increased vulnerability of the detainee as a result of the sexual abuse, (4) Facilities shall notify the appropriate ICE Field Office Director whenever a detainee victim has been held in administrative segregation for 72 hours, INVESUCYATIONS 115.71 Criminal and adrrainisirative investi sulcus. (1) If the facility has responsihility for investigating allegations of sexual abuse, all investigations into alleged sexual abuse must be prompt, thorough, objective, and conducted by specially trained, qualified investigators. (2) Upon conclusion of a criminal 'investigation where. the allegation was substantiated, an administrative investigation shall be conducted. Upon conclusion of a criminal investigation Where the allegation was unsubstantiated, the facility shall review any available completed crin final investigation reports to determine whether an administrative investigation is neccssary or appropriate, Administrative investigations shall be conducted after consultation with the appropriate investigative office within DHS, and the assigned criminal investigative entity. (3) (a) The facility shall dovelop written procedures for aclrahiistrative investigations, including provisions .requiring: i, Preservation of direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; ii, (ii) Interviewing alleged victims, suspected perpetrators, and witnesses; 12 25G-83 HROIGSA-15-0007 ATTACHMENT 4: IINCOR,PORATION OF MIS PREA STANDARDS ii. (iii) Reviewing prior complaints andreports of sexual abuse involving the suspected j perpetrator; iv. (iv) Assessment of the credibility of an alleged victim, suspect, or witness, without regard to the individual's status as detainee, staff, or employee, and without requiring any detainee who alleges sexual abuse to submit to aof p vgr'aph; V, (v) An effortt to determine, whether actions or failures to sot at the facility contributed to the abuse; and vi. (vi) .Documentation of each investigation by written report, which shall include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings; and vii. (vii.) Retention of such reports for as long as the alleged, abuser is detained or employed by the agency or facility, plus five years. (b) Such procedures shall govern the coordination and sequencing of the two types of investigations, in accordance with paragraph (2) of this section, to ensure that the criminal investigation is not compromised by an internal administrative investigation. (4) The agency shall review and approve the facility policy and procedures for coordination and conduct of internal administrative investigations with the assigned criminal investigative entity to ensure non-interferonee with criminal investigations. (5) The departure of the alleged, abuser or victim from the employment or control of the facility or agency shall not provide a basis for terminating an investigation, (6) When outside agencies investigate sexual abuse, the facility shall cooperate with outside investigators and shall endeavor to remain in£oruned about the progress of the investigation, DISCIPLINri ] 1S 76 Disciplinary sanctions for Staff (1) Staff shall be subject to disciplinary or adverse action up to and including removal from their position and the, Federal service for substantiated allegations of sexual abuse or for violating agenoy or facility sexual abuse policies. (2) The agency shall review and approve facility policies and procedures regarding disciplinary or adverse actions for staff and shall ensure that the facility policy and procedures specify disciplinary or adverse actions for staff, up to and including removal from their position and from the Federal service for staff, when there is a substantiated allegation of sexual abuse, or when there has been a violation of agency sexual abuse rales, policies, or standards. Removal from theirposition and from the Federal servioe is the' presumptive disciplinawy sanction for staff who have engaged in or attempted az threatened to engage .in sexual abuse, as defined order the definition of sexual abuse of a detainee by a staff member, contractor, or volunteer, paragraphs (a) - (d) and (g) - (h) of the definition of "sexual abuse of a detainee by a staff member, contractor, or volunteer" in § 115,6. (3) Bach facility shall report ail removals or resignations in lieu of removal for violations of agency or facility sexual abuse policies to appropriate law enforcement agencies, unless the activity was clearly not crirrdnal. (4) Each facility shall make reasonable efforts to report removals or resignations hr Iieu of removal for violations of agency or facility sexual abuse policies to any roievant licensing bodies, to the extent latown. 115,77 Corrective action for contractors and volunteers (1) Any contractor or volunteer who has engaged in sexual abuse shall be prohibited from contact with detainees. Each facility shall make reasonable efforts to report to any relevant licensing 13 25G-84 EROIGSA-15-0007 ATTACHMENT 4: INCORPORATION OF DRS PREA STANDARDS body, to the extent known, incidents of substantiated sexual abuse by a contractor or volunteer, Such incidents shall also be reported to law enforcement agencies, unless the activity was clearly not criminal, (2) Contractors and vohcnteers suspected of perpetrating sexual abuse shall be removed from all duties requiring detainee contact pending the outcome of an investigation. (3) The facility shall take appropriate remedial measures, and shall consider whether to prohibit further contact with detainees by contractors or volunteers who have not engaged in sexual abuse, but have violated other provisions within these standards. 115,78 Discig inary sanctions for detainees. (1) Each facility shall subject a detainee to disciplinary sanctions pursuant to a formal disciplinary Process following an administrative or criminal finding that the detainee engaged in sexual abuse, (2) At all steps in the disciplinary process provided in paragraph (1), any sanctions imposed shall be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with reales and regulations in the future, (3) Each facility holding detainees in custody shall have a detainee disciplinary system with progressive levels of reviews, appeals, procedures, and documentation procedure, (4) The disciplinary process shall consider whether a detainee's mental disabilities ar mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. (5) The facility shall not discipline a detainee for sexual contact with staff unless there is a finding that the staff member did not consent to such contact. (6) For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation. METITCAL AND MENTAL CARE 115.81 lVladical and mental health arse sments• histor of sexual hose (1) If the assessment pursuant to § 115,4t indicates that a detainee has experienced prior sexual victimization or perpetrated sexual abuse, staff shall, as appropriate, ensure that the detainee is immerllately referred to a qualified medical or mental health practitioner for medical and/or mental health follow-up as appropriate, (2) When a referral for medical follow-up is initiated, the detainee shall receive a health evaluation no later than two worldng days from the date of assessment, (3) When a referral for mental health follow-up is initiated, the detainee shall receive a mental health evaluation no later than 72 hours after the referral. 115.82 AccW to emenleacy medieal and mental health services. (1) Detainee victims of sexual abuse shall have timely, unimpeded access to emergeneyniedical treatment and. crisis intervention services, including emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of carr. (2) Emergency medical treatment services provided to the victim shall be without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. 115.83 OnaoiU medical and mentpl,health,care for sexual abuse victims rind abusers 14 25G-85 EROIGSA 15.0007 ATTACHMENT 4; INCORPORATION OF DHS PREA STANDARDS (1) Each facility shall offer medical and mental health evaluation and, as appropriate, treatment to all detainees who have been victimized by sexual abuse while in immigration detention, (2) The evaluation and treatment of such victims shall include, as appropriate, follow-up services, treatment plans, and, when necessary, reform is for continued care fallowing their transfer to, or placement in, other facilities, or their release from custody, (3) The facility shall provide such victims with medical and mental health services consistent with the cormmin ty lovel of care. (4) Detainee victims of sexually abusive vaginal penetration by a male abuser while incarcerated shall be offered pregnancy tests. If pregnancy results fiem an instance of sexual abuse, the, victim shall receive timely and comprehensive information about lawful pregnancy -related medical services and timely access to all lawful pregnancy -related medical services. (5) Detainee victims of sexual abuse white detained shall be offered tests for sexually transmitted Infections as medically appropriate. (6) Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. (7) The facility shall attempt to conduct a mental health evaluation of all Iarown detainee -on -detainee abusers within 60 days of learning of such abuse history and offer treatment when deemed, appropriate by mental health practitioners. DATA COLLECTION AND REVIEW 775,86 Sexual abrtselncident "v_iews (1) Each facility shall conduct a sexual abuse incident review at the conclusion of every investigation of sexual abuse and, where the allegation was not determined to be unfounded, prepare a written report within 30 days of the conclusion of the investigation recommending whether the allegation or investigation indicates that a change in policy or practice could better prevent, [ eteet, or respond to sexual abuse, The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so in a written response. Both the report and response shall be forwarded to tha Field Office Director, for transmission to the ICE PSA Coordinator, (2) The review team shall consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility. (3) Each facility shall conduct an amnual review of all sexual abuse investigations and resulting incident reviews to assess and improve sexual abuse intervention, prevention and response efforts, If the facility has not had any reports of sexual abuse during the annual reporting period, then the facility shall prepare a negative report. The results and findings of the annual review shall be provided to the facility adnj naWiator and Field Office Director or his or her designee, who shall transmit it to the ICE PSA Coordinator, 115,87 Data collection (1) Each facility shall maintain in a secure area all case records associated with claims of sexual abuse, inolucling incident reports, investigative reports, offender information, case disposition, medical and cormso(ing evaluation findings, and reconnmendations for post -release treatment, if necessary, and/or counseling in. accordance with these standards and applicable agency policies, and in accordance with established schedules, 15 25G-86 BROIGSA-13.0007 A'YTACIIMENT 4: INCORPORATION OF DIPS PREA STANDARDS (2) On an ongoing basis, the PSA Coordinator $hall work with relevant facility PSA Complianoe Managers and DHS entities to share data regarding effective agency response methods to sexual abuse, AUDITS AND COMPLIANCE 115,93 Audits of standards (1) The agency may require an expedited audit if the agency has reason to believe that a particular facility may be axperiencingproblems rclating to sexual abuse. The agency may also include refeiTals to xesourees that may assist the facility with PREA-rotated issues. ADDITIONAL PROVISIONS IN AGENCY POLICIES 1 .95 Additional rovision in a c+ne ollcees. (1) The regulations in this subpart A establish minimum requirements for agencies and facilities, Agency and facility policies Way include additional requirements, 16 25G-87 Attachment 5 25G-88 EROIGSA-15-0007 ATTACHMENT 5 , STAFFING PLAN City of Personnel for Santa Ana tail e II i - .� 4k Full -Time or Part-time a c K Number of positions all Administrator FT 1 Administrative Manager FT 05 tional Supervisor FT g tional Officer o FT S1 ty-lectronlcs Tech FTce 14 Assistant FT 0,5 orrectional Records Specialist FT 4 Sr. Correctional Records Specialist FT g Correctional Records Specialist FT 2 Police Cadet PT 1 Police Records Cleric II PT 1 Senior Clerical Aide PT 1 Sr, Correctional Records Specialist TT 1 Stores Aide PT 1 Total numbaraf 5AJ Staff 113 Nate: 49,16 staff would be required to supervise ADP Of 200ICE Detainees based on shared App of 460110E200 Bed Count= 43.5% NaphCare Staffing 0031490 �1p 115,NAME_-. .. .�� Health Services Administrator RN 1 Administrative Assistant 1 Medioal Direotor/Physiclan (Cn-cat 24/7 01 NP/PA 1 RN - Charge 1.4 LVN 14 LVN 14 Ps chiatrist 02 SW/Psych RN 14 Dentist 0,1 Dental Assistant 0.1 RN - Charge 1.4 LVN - Med Pass 1.4 LVN - Med Pass 14 RN - Char e 1.4 LVN - Med Pass 1 4 Total number of SAJ Medical Staff 16.1 Note: At 460ADP20010E otal stij inn would be = to: 7 FTELar medical personnel. 25G-89 25G-90 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AGREEMENT FOR BILL PRINT SERVICES WITH INFOSEND, INC {STRATEGIC PLAN NO. 7, 5F} CITY MANAG IJ*&]i!ihvi1-►ID144:%III CG7►1 CLERK OF COUNCIL USE ONLY: UT1004014111 ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' 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 InfoSend, Inc. ("InfoSend") extending the contract term through June 30, 2016, with the option to extend an additional year (July 1, 2016 to June 30, 2017) upon a written request executed by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. The extension of the agreement through June 30, 2016 totals $570,000 for various bill print services including mailings related to Water Conservation and Water/Sewer Rate Adjustment notices. DISCUSSION The Treasury and Customer Service Division ("Treasury") is responsible for the billing and payment processing for Municipal Utility Services accounts, Paramedic Subscription Services, Dog Licenses, and Business License Taxes. On February 20, 2007, the City Council approved an agreement with InfoSend, Inc. for bill printing, mailing and Electronic Bill Presentment and Payment Services ("EBPP"). InfoSend was determined to be the most cost-effective method for printing of all Municipal Utility Service ("MUS') bills as well as processing e -payments. Since fiscal year 2006-07, Treasury, through InfoSend, has taken advantage of EBPP technology to provide alternative service delivery process improvement options to customers relating to bill presentment and payment. Bill print services utilizing EBPP include but are not limited to the following: printing, processing and mailing, and electronic bill presentment and payment services. In addition, the services encompass the following City Operations: Municipal Utility Services, Dog License, Paramedic Subscription Services, and Business License and include miscellaneous mailings of associated notices, advisories, form correspondence, City newsletters, and in the case of Municipal Utility Services and Dog Licensing, on-line bill payment. 25H-1 Agreement for Bill Print Services with InfoSend, Inc. June 16, 2015 Page 2 The original contract cap for bill print services has now been exceeded, due primarily to the need for mass mailings by the Public Works Agency to comply with the State of California Executive Order, issued by Governor Jerry Brown, related to the Emergency Drought Conditions and notification to customers regarding the City's Water/Sewer Rate adjustments. The Executive Order requires agencies to provide users information regarding conservation, water usage and enforcement. As a result, anticipated expenditures for bill print services are estimated at $195,000 through June 30, 2015. Since notices and advisories relating to water conservation will continue in fiscal year 2015-16, staff recommends the extension of the agreement through June 30, 2016, for the total amount of $570,000. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal No. 7 Team Santa Ana, Objective No. 5F (Explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT 1. Funds up to the amount of $195,000 are budgeted and are available in fiscal year 2014-15 on an allocated basis in various departmental accounts as follows: • Finance and Management Services Agency for the amount of $105,400 (account no. 01110130-62300) • Public Works Agency for the amount of $87,000 (account no. 06017644-62300) • City Manager's General Non -Departmental Account for the amount of $2,600 (account no. 01105015-62300) 2. Funds in the amount of $375,000 for fiscal year 2015-16 will be budgeted and available, upon Council approval of the fiscal year 2015-16 budget, and for fiscal year 2016-17 upon exercise of the one year extension option to the contract on allocated basis as follows: • Finance and Management Services Agency for the amount of $225,000 (account no. 01110130-62300) • Public Works Agency for the amount of $129,000 (account no. 06017644-62300) • City Manager's General Non -Departmental Account for the amount of $21,000 (account no. 01105015-62300) 25H-2 Agreement for Bill Print Services with InfoSend, Inc. June 16, 2015 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gut rrez Executive Director Finance & Management Services Agency�/ .r Frid Mousavipour Executive Director Public Works Agency Exhibit 1 Agreement Exhibit 2 InfoSend - Response to City of Santa Ana Request for Proposal Exhibit 3 State of California Executive Order B-29-15 WH 25H-3 25H-4 CONSULTANT AGREEMENT THIS AGREEMENT, dated as of this 17th day of June 2015 by and between 1nfoSend, 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 municipal bill printing and mailing services and electronic bill presentment and payment processing. B. The City acknowledges that it has received prior Municipal Utility Services, Business License Tax, and Dog License bill printing and mailing services as well as Municipal Utility Services and Dog License electronic bill presentment and payment processing services from Consultant prior to the date of this Agreement and intends this Agreement to cover services commencing as of March 1, 2015, and City intends that any unpaid sums receivable by Consultant for prior period services commencing February 28, 2014 shall be covered under this Agreement. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide paper bill processing, printing and mailing services along with electronic bill presentment and payment services, as set for the in City RFP for Utility Bill Printing & Mailing Electronic Bill Presentment and Payment Services, on file at the City's Treasury and Customer Service Division and incorporated by this reference, and Consultant's Proposal for Utility Bill Printing and Mailing, attached as Exhibit A to this Agreement. a. Processing, Printing and Mailing (PPM) Services. The paper bill processing, printing and mailing (PPM) process consists of processing data, address validation and POSTNET bar coding, printing documents, mail preparation, applying presorted postage and sending via the United States Postal Service for the City's: (1) Municipal Utility Services bills; penalty and/or collection notices, associated form correspondence, other miscellaneous notices and advisories including water conservation program notices, paramedic subscription notices, and City newsletters; (2) Business License Tax bills, renewal statements, certificates and licenses, penalty/and or collection notices, associated form correspondence, and other miscellaneous notices and advisories; (3) Dog License Bills, Exhibit 1 25H-5 certificates and licenses, penalty/and or collection notices , associated form correspondence, and other miscellaneous notices and advisories. b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic Electronic Bill Presentment and Payment (EBPP) services consists of: (i.) presenting Municipal Utility Services bills online and accepting payment transaction information to facilitate ACH or credit card payment; and (ii.) presenting Dog License bills online and accepting payment transaction information to facilitate ACH or credit card payment. c. Enhanced EBPP Services for Municipal Utility Services Billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than January 1, 2016, Consultant upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, shall provide enhanced EBPP services including EBPP portal with real-time account balance pull and real-time payment posting to System & Software, Inc.'s enQuesta CIS (any version) and Single Sign. -on (SSO) capabilities with System & Software, Inc.'s WebConnect postal. Whereupon City shall have the right to continue Consultant's Basic EBPP services for Municipal Utility Services Billing on a month-to-month basis and terminate the Basic EBPP portion of the Agreement in connection with Municipal Utility Services Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said Basic EBPP portion of the Agreement. d. Consultant's Right to Assign Enhanced EBPP Services for Municipal Utility Services Billing. Consultant may, upon written approval of the City's Executive Director of Finance and Management Services, assign, transfer, delegate, or subcontract the provision of Enhanced EBPP services to another City approved consultant retained to provide such Enhanced EBPP services and EBPP portal e. City's right to bifurcate agreement and terminate PPM and Basic EBPP services for Dog License billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than January 1, 2016, City may upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, terminate PPM and Basic EBPP services for Dog License billing. Whereupon City shall have the right to continue Consultant's PPM and Basic EBPP services for Dog License Billing on a month-to-month basis and terminate the PPM and Basic EBPP portion of the Agreement in connection with Dog License Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said PPM and Basic EBPP portion of the 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 25H-6 not exceed $195,000.00 for the initial Agreement period covering March 1, 2015 and ending June 30, 2015, including any unpaid sums receivable by Consultant for prior period services commencing February 28, 2014, and shall not exceed $375,000.00 for the annual fiscal year beginning July 1, 2015 and ending June 30, 2016, and thereafter shall not exceed $375,000.00 for any optional annual extension 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. c. The printing and mailing unit prices quoted in Consultant's Response to City of Santa Ana Request for Proposal incorporated herein as Exhibit A may increase after the conclusion of the initial Agreement period covering March 1, 2015 and ending June 30, 2015, and at the commencement of any successive one-year terms if the costs of materials increases. Any such unit price increase will be no more than the preceding annual CPI percentage change for the State of California as measured beginning with the calendar year ending December 31, 2014. Consultant shall notify City by June 30, 2015 and at least thirty (30) days prior to any successive one-year terms if any such price increase is instated. d. City shall be responsible for payment related to United States Postal Service postage including rate increases. City will be invoiced by Consultant for postage including the amount charged for overweight and foreign mail. 3. TERM This Agreement shall cover the period of March 1, 2015 through June 30, 2016 unless terminated earlier in accordance with Section 12, below. The Term of this Agreement may be extended for one additional year upon a writing executed by the City Manager and 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: 25H-7 a. Due to the nature of the 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 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. 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 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 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. Consultant shall not be responsible for delays in receipt of client information or processing client information because of causes beyond its reasonable control, including, without limitation, failure or limitations on the availability of third party telecommunications or other transmission facilities and City's failure to properly enter and/or transmit information. 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 25H-8 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: 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 Francisco Gutierrez Executive Director, Finance & Management Services City of Santa Ana 20 Civic Center Plaza (M17) P.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile: 714-647-5414 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Facsimile: 714-647-6515 25H-9 To Consultant: Russ Rezai InfoSend, Inc. 4240 E. La Palma Anaheim, CA 92807 Facsimile: 714-993-1306 Email: russ.r@infosend.com 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. 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, subject to the following conditions: 25H-10 a. If City has requested custom forms/envelopes, City will purchase the remaining supplies of requested forms/envelopes upon termination of the Agreement, or at the time City requests a change in the design of the forms/envelopes. 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. 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. 25H-11 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: Lisaot(z Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director of Finance and Management Services CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT InfoSend,Inc. RUSSREZAI Chief Operating Officer Tax ID # 363-0748516 25H-12 EXHIBIT A InfoSend Response -12/29/2006 Zvfmfend,..�� Data Processing - Statement Printing & Mailing • E-Biiling RESPONSE TO: City of Santa Ana Request for Proposal UTILITY BILL PRINTING & MAILING, ELECTRONIC BILL PRESENTMENT AND PAYMENT SERVICES Company Name InfoSend Inc, Contact Name Russ Rezai Contact Title V.P. of Development Phone (714) 525-8600 Fax (714) 446-1482 Email russ.r@infosend.com City of Santa Ana Contact: Christine C. Calderon Treasury Manager P.O. Box 1964 20 Civic Center Plaza, M14 Santa Ana, CA 92701 Telephone: 714-647-5335 Exhibit 2 25H-13 1 InfoSend Response — 12/2912006 December 29, 2006 Utility Bill Printing and Mailing City of Santa Ana Purchasing Division P.O. Box 1964 20 Civic Center Plaza, M16 Santa Ana, CA 92701 Re: Utility Bill Printing & Mailing Electronic Bill Presentment & Payment Services To Christine Calderon: Thank you for this opportunity to submit the enclosed proposal for Utility Bill Printing & Mailing Electronic Bill Presentment & Payment Services. The aforementioned proposal contains a detailed response as to how InfoSend, Inc, will provide efficient, reliable, and secure services for a low per bill cost. InfoSend has the experience and systems to meet or exceed all of the requirements as described within the RFP. We have been providing bill printing and mailing services since 1996 and are very interested in serving the City of Santa Ana. InfoSend has a strong presence in Orange County and is located less than 10 miles from the City of Santa Ana on Civic Center. This ensures that the City's customers will receive mail processed by InfoSend as quickly as possible. It also gives the City the ability to drive any last minute inserts or data media to InfoSend should its internet connection go down. InfoSend can provide every service option requested by the City of Santa Ana. InfoSend currently services over fifty cities and other utilities located in California. InfoSend's quality of service is simply exceptional — we have never lost a utility client due to lack of performance or pricing. InfoSend once had a utility client who stopped billing its customers directly; the billing was transferred to the county property tax roll. This is the only utility client ever to leave InfoSend and hopefully this should speak volumes about our quality of servicel Proposal Contact Information: Contact: Russ Reza!, VP of Development E-mail: russ.r@infosend.com Toll Free: 800.955.9330 Fax: 714.446.1482 Address: 1041 S. Placentia Avenue, Fullerton, CA 92831 I will be the primary contact person for this RFP. Please contact me with any questions or clarifications pertaining to this proposal. I certify the accuracy of this proposal and acknowledge InfoSend's agreement to be bound by and in compliance with the terms and conditions for a period of (90) days effective as of December 29, 2006. Respectfully, Russ Reza! VP of Development 25H-14 2 InfoSend Response— 12/29/2006 REQUIREMENTS AND SCOPE OF WORK A. General Requirements: EBPP 1, This requirement is met. The City will choose what it wants to call the EBPP application and add a button/link to www.ci.santa-ana.ca.us to give customers access to it. Once clicked, this link will take the customer to the EBPP portal that InfoSend will host. 2. This requirement is met. InfoSend will match the "look and feel" of the City's current site. 3. This requirement is met. InfoSend's technical team has reviewed the Section 508 standards and they are already compatible with our EBPP programming methods. 4. This requirement is met. All information is confidential and protected. User passwords are stored using a one-way hash and cannot be read by anybody. The application is hosted by physical three-tier layer architecture. The presentation server, the application server, and the database server are separated onto different physical networks. Users can only connect to the presentation server over 128 -bit SSL in order to ensure that all information passed from the customer to the application is encrypted. Anti -fraud features such as Address Verification Service (AVS) and Credit Card Security Coding (CSC) are used when payment transactions are processed. Unauthorized users cannot access utility account data, bank account or credit card numbers, or other payment information. The data that InfoSend transmits to its payment processors is encrypted. Industry standard security methods safeguard data and external site monitoring scans for open ports or other security issues. Proper access control methods insure that internal users can only access the data relates to their job functions. While InfoSend uses the Windows operating system for internal processing, the EBPP application itself is hosted on Red Hat Enterprise servers. InfoSend elected to use this operating system for its web hosting because independent studies have shown it to have less critical security flaws than Windows has had over the years. Physical facility security measures are in place to prevent unauthorized access to data. Security cards/tokens are required to enter the building. Visitors must be signed in before entering. All servers are centrally located and only authorized staff members can access them. The City can choose between many security options to protect customer data: a. To enroll for the EBPP service customers can be forced to enter more than just their account number (which is the basic requirement). The City can choose additional data fields — like previous bill amount. b. The City can choose to use security certificates on outgoing emails. This will allow the customer to verify that the email came from the City's EBPP application. c. The City can choose to simply email its customers a link to the EBPP portal to view the newest online bill, or it can email the bill itself. Encryption can be used to ensure that the emails are only accessible by the customer who enrolled for the service. 25H-15 3 InfoSend Response —12/29/2006 5, This requirement is met. The bill images will be reproduced in their current form. This requirement is met. InfoSend will sign the indemnification agreement. In InfoSend's view this patent is overly broad and will eventually be overturned. The patent is for the process of EBPP, not a specific software solution that relates to it. Emergis no longer offers an EBPP solution. The patent has been challenged in the United States District Court for the District of Kansas. The court issued a "claim construction order" that limited the scope of the patent to exclude bitters who use third parties to offer EBPP to their customers. Text from: www.energypulse.net/centers/article/article_display.cfm?a_id=1385 Up until now, a bone of contention in the interpretation of the patent was whether it covers EBPP systems that use third -party EBPP service providers such as PayPal or Check[Free. Emergis asserts that it does. However, on September 14, 2006, the United States District Court for the District of Kansas issued a "claim construction order" in the case filed by Emergis against cable TV company Cable One, Inc. in which the court determined the meaning and scope of certain terms used in the claims of the `362 patent. "in basic terms, the claim construction order says the '362 patent does not cover any third -party system where the payment instructions are sent from the consumer to a third - party EBPP service provider as opposed to going directly to the biller," says Griffin. "This is a significant blow to Emergis's licensing campaign. Up to this point, Emergis has argued that a utility using a third -party EBPP service provider infringes the `362 patent if their customers do not realize when they have left the utility's Web site to pay their bill at the third -party service provider's Web site, especially where the third -party service provider's site locks like the utility's Web site." This requirement is met. In addition to this, InfoSend will provide the City with round the clock support for critical issues. InfoSend offers standard customer support, 8 a.m. to 5 p.m., to all customers. An after-hours support number will be provided to the City and can be used 7 days per week, 24 hours per day, 365 days per year. When this number is called the City will receive a response from an InfoSend technical representative within 4 hours. This extended support is currently provided to clients like the City of Anaheim who have data processing operations that run 24 hours per day. B Requirements: Product Development and Ongoing Maintenance 1. This requirement is met. EBPP functionality and processes will be developed by and hosted by InfoSend. 2. This requirement is met. InfoSend will be will be responsible for customer authentication, payment authorization, security, error processing, and reports. Customer support is normally handled by providing a webpage for City customers to fill out when they have question. An email is then immediately sent to a specified City address to communicate the question and a copy is sent to the customer. If the City wishes the email to be sent to InfoSend instead and for InfoSend to contact the customer this can be done as well. 25H-16 4 InfoSend Response -12/29/2006 However, it is usually better for the City to contact the customer because it has access to the full utility billing system. This requirement is met. InfoSond will format flies to work with the City's system. Files can be emailed to City or posted on a secure website for download. They can also be PGP encrypted and placed on InfoSend's FTP server for automatic retrieval by the City. 4. Both requirements are met. InfoSend can develop and host the presentation functionality and provide the payment functionality. InfoSend's has successfully integrated its presentation system with three different online payment processing platforms and will integrate with the City's current credit card processor for this application. Transactions are securely processed and if a payment error occurs InfoSend emails the customer to inform him or her to review their payment profile setup and retry the payment. C. Requirements: Bill Presentation 1. Provide the ability to display, by customer: a. This requirement is met. b. This requirement is met. EBPP application displays payment history. If City wants to show offline payments it can transmit a payment history file to InfoSend or provide a web service to query this data. c. This requirement is met. Consumption history will be pulled from the data that the City sends to InfoSend. 2. This requirement is met. 3. This requirement is met. If the bill is presented in HTML format it can be printed. A link is provided to show just the bill in the browser so that the page navigation does not print. If the bill is pulled from the City's archive in PDF format then the PDF can also be printed. 4. This requirement is met. City can choose if it wants the graph to be embedded on the electronic statement Itself or linked to. If it chooses the second option the link can open in a new window, or replace the window contents with the graph. Additionally, the graph can be hidden on the electronic statement itself and once the link is clicked the statement will expand in size and the graph will be shown. This requirement is met. The EBPP portal will allow the customer to turn off paper bill delivery. This information will be transmitted back to the City so that the customer account can be flagged properly. 6. This requirement is met. The bills will be posted to the website the same day that they are mailed. The City can choose whether or not it wants to see samples of the online bills before they are presented to the customers. This requirement is met. An email will be sent to the customer each time a bill is available for viewing and payment that contains a link to the EBPP portal. The city can also choose to email the bill itself to the customer. This is a very unique feature that 25H-17 InfoSend Response —12/29/2006 InfoSend has and to the best of our knowledge it is not something that all vendors can provide. 8. This requirement is met. D. Reguirements: Bill Payment 1. InfoSend can report the payments to the City the same day they are received or the next day when they are settled. 2. This requirement is met. The City can make it clear to customers via the printed notices, online bill, and online web pages that the customer must initiate an online payment by a certain time to avoid a disconnect. While InfoSend can present final notices online it normally recommends that these be sent via regular mail to avoid last minute payments through the EBPP system that will not meet the cutoff time for that day. It is better for these customers to call the City's customer support and have the payment entered via InfoSend's CSRPay virtual terminal. This way the CSR is aware of the payment and the City can also choose to only allow credit card payments to avoid disconnects. InfoSend understands that some customers will ignore instructions and initiate payments through the EBPP system prior to shutoff. If the City performs customer shutoffs at the same time each week then a report can be sent to the City prior to this time that lists all payments attempted in the previous 24 hours. The City can then investigate these payments before the customer is shutoff to see if the customer made a genuine attempt to pay their balance. The report contains the payment amount so that the City can see if the customer simply paid a small portion of their balance to avoid shutoff. The delinquent customer process can be customized to suit the City's unique needs. InfoSend also provides a CSR portal for the City to investigate actions that the customer has taken. 3. This requirement is met. InfoSend can develop a feature into the EBPP portal for customers who have been disconnected and want to reestablish service. A separate payment page can be provided for disconnected customers. Any time a customer makes a payment using this page an email will immediately be sent to the City so that it can review the payment amount and reestablish service. 4. This requirement is met. InfoSend can report payments to the City in a variety of ways. Any payment can be reported, even if it has not cleared yet. A CSR portal allows the City to view any payments that have been submitted on -demand. 5. This requirement is met. InfoSend has met with the City's current credit card processor to ensure that their platform is compatible with our EBPP system. Both EPX and InfoSend have had an opportunity to ensure that each party can work with each other. 6. Credit Card Payments: a. This requirement is met. The VISA and MasterCard cards are both accepted. The City can later choose to offer other card types as well. The City can choose to set a maximum payment amount for credit card payments to reduce the fees 25H-18 InfoSand Response— 12129/2006 paid to the card vendors. In addition to this the City will receive the utility rate discount for credit card payments. b. This requirement is met. InfoSend's EBPP application includes a CSR portal that allows City staff to perform a variety of functions. The City can choose to give its CSRs the ability to initiate payments on the customer's behalf. If the customer had previously entered his or her credit card number into the system then the CSR will not be able to view the entire number as it will be truncated for security reasons. But the CSR can still initiate a payment on the customer's behalf. If the customer had not yet setup a payment profile then the CSR can do it for the customer and initiate payment. The CSR can even enroll the customer for EBPP if this has not been done yet. In addition to this, the City can also use InfoSend's payment -only application (QuickPay) to initiate credit card or ACH (bank draft) payments for customers who do not wish to enroll for EBPP. If a CSR simply wants to initiate a one-time payment for a customer without walking to a credit card machine or enrolling the customer in EBPP then this application is a fast and simple way to initiate the payment. The process is faster, easier, and more secure than the credit card machine while also allowing bank draft payments. c. This requirement is met. i. It is understood that recurring payment amounts will vary each month. The EBPP system supports this feature. ii. The payment threshold amount is a feature supported by the EBPP system. The City can choose a max amount or let customers choose that amount. Not Applicable - InfoSend is able to process recurring payments based on the requirements above. 7. Bank Draft Payments a. This requirement is met. InfoSend uses the acronym ACH to describe bank draft payments. Electronic bank draft payments are processed through the Automated Clearing House (ACH) network. This is the most common and cost efficient method to process electronic bank payments. The City can set a maximum amount for ACH payments. b. All requirements are met. Automatic ACH payments are handled in the same way that automated credit card payments are handled. Please see section 6(c) for more information. Some of InfoSend's clients choose to only offer automatic ACH payments and do not offer automatic credit card payments. This saves the biller a considerable amount of money because unlike credit cards, ACH payments do not incur a percentage -based fee. c. Not Applicable - InfoSend is able to process recurring payments based on the requirements above. D. Requirements: Future phases of Web Services Implementation 25H-19 InfoSend Response— 12/28/2006 Allow customers to request services or programs interactively on the website. The functionality should ensure that required information/fields are populated, editable, and secure. Examples of online interaction are as follows: a. Account Changes: much of this is already provided in InfoSend's standard EBPP implementation. Customers can choose to change any of the following data elements that are stored in the EBPP database: I. Account Password ii. Email Address iii. Phone Number iv. Physical Address v. Turn Paper Statement Delivery On or Off (unless the City chooses to force all EBPP customers to forego paper statements). vi. Which Accounts are Enrolled — Customers can add additional accounts to one user ID in the EBPP system. The standard method of allowing customers to change account settings is to design web forms that the customer can submit to make changes. The City can choose to have InfoSend pre -populate the customer's current data into some of the text fields so that the customer can see what he or she the current data before making a change. InfoSend can report the changes to the City in an emailed report or by posting the data to a secure website for download. InfoSend can format the report to match the delimiter type and column layout used by its CIS system so that the data can be automatically uploaded to the system. InfoSend will not charge the City to develop or maintain these forms. If the future phase website features require that an HTML formatted document be created and stored in the EBPP system archive then a transaction fee will be charged for each document created, that is equal to the normal bill presentment fee. An example of a web form is provided on the next page: 25H-20 InfoSend Response — 12/29/2006 User Settings Keep Receiving Paper Statements Please choose whether you would like to contAplue receiving paper statements. If you choose this option, you will receive both an a -email copy of your statements and a paper copy. You will be: able to review your statements and payment history by lagging Into this site. TP you do not: choose this option, paper statements will stop and you VIII only receive your .statements via e-mail and by lodging Into this site. Dj d:e'ckir._g tI,ul te:e, yc, arilI car.brua rcoL!jvinp pip^r stiI:crr�rtr,, Subscriber ACCOU13t: gl34aCfal}CNQD D-! u Current Email Address„ onlinebiller@yalioo.com New Email; Confirm New Email- 9UBF9dT. x. S Confirm New Password r Title,: First Mamae,i Russ Last Mame: Ream! T— Street Address. I041 S Placentia Aire C Ity= e rtorl'�._ �. FulFor—toll— State: State. California ". zlp'Code'. J2.8 1 Phone (';715 }':,25 LL. 8600 SU®h91T ', 11 Example of Web Form for Customer Account Settings Changes I 25H-21 9 InfoSend Response — 12/29/2006 b. Turn-off Request: This will be provided to the City at no additional cost. InfoSend can design a web form like the one showed in 1(a) above. Or if the City would prefer to give the customer a PDF file to print and fill out or fill out electronically this can also be done. c. Applications for Programs: This will be provided to the City at no additional cost. InfoSend can design a web form like the one showed in 1(a) above. Or if the City would prefer to give the customer a PDF file to print and fill out or fill out electronically this can also be done. d. Request Payment Arrangement: This will be provided to the City at no additional cost. 2. Provide a link to monthly bill inserts: a. This is a standard feature of InfoSend's EBPP service. The City can submit PDF files to be uploaded to the Inserts page. b. This requirement is understood and acceptable to InfoSend. The City can email the insert PDFs and their usage dates to InfoSend. Or it can upload them using the online Insert Manager that InfoSend has built to track and manage physical and electronic inserts. This is especially useful for inserts that do not run for a complete calendar month. 3. InfoSend can customize its system to extend web services functionality to other City services. The City can provide the project specs and InfoSend will return a programming quote. The programming fee is $130.00 per hour. InfoSend can develop web applications rapidly, keeping the number of hours down. 25H-22 10 InfoSend Response — 12/29/2006 SECTION II SPECIFICATIONS CHECKLIST Please respond fully to each item. Omissions and/or incomplete answers may be deemed unresponsive. II.A, GENERAL REQUIREMENTS Please respond as Indicated below. Any responses other than "MEETS" should have attached explanation and unit cost associated with meeting the requirement should be stated on the applicable attachment. MEETS - System Currently Meets Requirement. PARTIALLY MEETS Meets Some But Not All NO Does Not Meet FUTURE ENHANCEMENT Provide Release Date 25H-23 11 Meets Partially Does not Future ID Meets Meet Enhancement GENERAL REQUIREMENTS — EBPP GR -1. Customers will access all EBPP options via a X link on the City's existing website. GR -2. The EBPP website will have the same "look X and feel" as the City's current site. GR -3. The site will be compliant with Section 508. X see www.sectlon508. ov GR -4, The site will work with City's Information X Services website staff. GR -5. Unauthorized users will not be able to access utility account data, bank account and credit X card numbers, and other payment Information. GR -6. All information contained in the transferred files shall be considered strictly confidential and shall not be communicated or disclosed to X any third party or vendor employee not directly involved in performing the tasks required in this scope of work. GR -7. Vendor has ability to interface with the City's existing bill print archive files, or have the X ability to reproduce the bill Image in its current form. GR -8. The vendor is able to provide printing services every business day with the exception of the major holidays (New Year's Day, Columbus Day, President's Day, Memorial Day, X Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the following Friday, and Christmas ja l GR -9, The City has recently become aware of patent #6,044,362 ("the'362 patent") held by Emergis Technologies, Inc, Vendor agrees to sign an X indemnification agreement, which would protect the City of Santa Ana from potential patent infringement lawsuits. 25H-23 11 InfoSend Response— 12/29/2006 25H-24 12 Partially Does not Future ID Meets Meet Enhancement GR -10. The vendor shall return, at Its own expense, any and all data furnished by or obtained on E behalf of COSA promptly upon COSA's request whether upon the termination or completion of the contract in whichever form it Is maintained by the vendor. GENERAL REQUIREMENTS — Product Development and Ongoing Maintenance _ GR -11. EBPP Invoices, letters, and collection letters X shall be sent each working da . GR -12. Vendor shall store COSA data securely at least until the successful completion of the X printing/fulfillment process for a given billing run. GR -13. Any decision that may be token to stop or re- do a billing run shall not constitute a need to re -send or re -transmit any part of the data comprising the Input to that billing run. The X method of secure storage shall not impose a delay if it becomes necessary to restart or rerun a QIven billinq stream. GR -14. Describe the processes and/or technologies in place to ensure the security and privacy of X data transmissions. 011-I5. Vendor must provide pricing far the use of environmentally friendly and recycled products X as well as an other option available. _ STOCK, MATERIALS & PRINT GR -16, Invoices, notices, and letters shall be laser printed using at least two color processes to X highlight logo and key data, with at least 600 x 600 DPI. GR -17. Invoices and notices shall have capability to X print Information on reverse side. GR -18. Vendor must have graphic capabilities to redesign the bill format, including a perforation at the bottom of bill (remittance coupon at X bottom of bill) and an unlimited free form message area. GR -19. Vendor must be able to accommodate multiple bill formats. Bills and notices may be redesigned as part of this Agreement. Pricing should include the cost of initial bill format set up for each format required and for subsequent required changes and redesigns. X Vendor must specify the type of bill or change that might constitute a "new" format. For example, when a meter Is changed In the middle of a billing cycle, two lines of meter reads and consumption data should appear on the bill. GR -20. Vendor must fold and insert statements into window envelopes, along with a return envelope and four (4) 8 % by 3 Y information X inserts which may include one or more multi - page Inserts. GR -21. Vendor must Insert customer bills and inserts In a specified #10 envelope together with the X specified return envelope. 25H-24 12 InfoSend Response —12/28/2006 25H-25 13 Meets Partially Does not Future ID Meets Meet Enhancement GR -22, Envelopes will either be printed with the COSA logo or have COSA logo displayed through a X window in the envelope. GR -23. Vendor must be able to accept preprinted bill inserts or print the bill inserts. Pricing should be given for both options. If provided by X COSA, inserts will be provided on a bi-monthly basis. GR -24. Vendor must have capability to print and sort pages by OMR, with the capability to handle x multiple pages, intelligent inserting, and messaging capability. GR -25. Vendor will be responsible for storage/warehousing of the forms, envelopes, and monthly Inserts until needed or used. Any x costs or fees must be clearly stated In the vendor's response. GR -26. Vendor must provide sample formats and tests to COSA before the Initial printing and mailing x of the utility bill statements. GR -27. Vendor must describe where and how many x bill messages may be placed on the bill. GR -28. Vendor shall transmit bill files for check and review by COSA daily for the first month of this contract or time established In the agreed upon contract. COSA will approve within the x first few hours of receipt of the files and return for processing the same or next day. Subsequently, selected files may require similar review on an ori-qoinq basis. MAILING & POSTAL REQUIREMENTS GR -29. Vendor must be able to identify multiple statements to the same owner and mailing address, match them, and insert in one appropriate size envelope metered first-class x separately; and delivered to the United States Postal Service at the same time all other bills are delivered. GR -30. Vendor must have capabilities to merge multiple daily bill print files to achieve the best x re -sort postal rate. GR -31. Vendor must have the capability to presort data, add zip code * 4, carrier route, and delivery point barcode to statement addresses x for statements and presort mail in accordance with the most recent United States Postal Service regulations for 1't class mail. 25H-25 13 I nfoSend Response — 12/29/2006 25H-26 14 Meets I Partially Does not Future ID Meets Meet Enhancement GR -32. All bills and designated forms are to be delivered to a Southern California Post Office by 3:30 p.m, the same or next business day following receipt of the printing files. Vendor will notify COSA by noon of that day if there are to be any delays in delivering the bills to the post office. X Mail is currently delivered to the Anaheim Postal Hub at 5:15 p.m. This provides the City with the same mail turnaround that would be achieved If the mail was dropped off at 3:30 p.m, because the mail does not need to be delivered from a local post office to the postal hub. QUALITY GR -33. After bills and forms are printed, a quality inspection will be performed by vendor personnel using, but not limited to the following criteria: 1) No fading of ink on any part of the form, 2) No tears, wrinkles or damage to paper. X 3) No smudges, spots, or specs of Ink on the form. 4) The printing Is to be centered on the form. 5) Acceptable OMR scan mark. Must have an easily readable OCR scan line on bottom of coupon. GR734. All bills and farms that do not pass the quality _ Inspection shall be reprinted by vendor at no X cost to COSA and be prepared for mailing the same day or as instructed by COSA. GR -35. All documents damaged during any process (printing, Inserting, or vendor handling) shall X be reprinted the same day at ro additional expense to COSA. ELECTRONIC BILL PRESENTMENT AND PAYMENT GR -36. COSA will also be implementing an electronic bill presentment and payment (EBPP) solution X simultaneously to outsourcing the printing and mailing functions with a single vendor for both. GR -37. Customers will access all EBPP options via a X link on COSA's existing website. GR -38. The EBPP website must have the same "look X and feel" as the City's current site. GR -39. The site must be compliant with Section 508. X GR -40. Vendor will send customers, who sign up for EBPP, an e-mail notification alerting them that their bill is ready for viewing. The customer will either click on the e-mail or go to the COSA website to find the link to their bill X image, The bill image will be provided by the vendor. The Image must be printable and able to be exported Into other usable format spread sheets Excel, etc.), and PDFs. 25H-26 14 I nfoSend Response —12/29/2006 GR -41. The vendor must maintain and archive 24 months of bill images or suggest an alternative. Drill down to historical X consumption and billing and payment information will be provided. GR -42. COSA is able to view all payment transactions processed by the vendor including pending X payments. GR -43. The vendor must be able to identify accounts that will not receive a paper bill. The paper bill X will be suppressed on those accounts. VENDOR MUST BE ABLE TO DEMONSTRATE THE FOLLOWING CAPABILITIES; GR -44. Secure storage and transmission of all transactions sent via the internet using the X most advanced security technology available 128 -bit Encryption) GR -45. Provide the CSRs with all the tools (i.e. reset passwords, add/or remove subscribers, etc.) required to manage/support customer Inquiries. CSRs must have the ability to link by X bill date to the exact bill and search for other bills for that account when in bill viewing screen. GR -46. Extensive array of online reports available In multiple download options and/or viewable within a UI including Audit, X Subscriber/enrollment, Remittance/return, Accounts Accessed, and viewed Statement Reports. GR -47. Supports links to a comprehensive pre -packed database of Frequently Asked Questions and X Answers regarding e -billing. GR -48, Monthly updates and software upgrades to the vendors application shall be included in X vendor's unit pricing, GR -1.9. The vendor must be able to isolate presentment and payment services and provide pricing for both options. Based on pricing and other considerations, COSA may elect to use the vendor for presentation only, X not payment. COSA uses the services of a third party to process credit card payments. Vendor will need to provide payment services for one time bank draft payments. DISASTER AND CONTINGENCY RECOVERY PLANNING 25H-27 15 InfoSend Response— 12/29/2006 GR -50. The vendor shall have and maintain a disaster recovery plan to protect COSA receivables and the confidentiality of the information contained therein. Vendor shall provide COSA with a copy of the plan. Detail the proposed offsite storage location and plan for backing up data dally. include the processing steps from transmission receipt to paper bill delivery. The successful vendor shall show evidence of a x functional contingency plan to guarantee the complete and timely processing of City of Santa Ana's work. Describe your contingency planning, documentation and testing processes on Attachment E using scenarios indicated. II.A. GENERAL REQUIREMENTS—CONTINUED GR -14: "Describe the processes and/or technologies in place to ensure the security and privacy of data transmissions." InfoSend follows the Payment Card Industry (PCI) rules set for companies that originate less than 6 million credit card transactions per year. All security procedures and policies are based around PCI, All information is confidential and protected, User passwords are stored using a one-way hash and cannot be read by anybody. The application is hosted by physical three-tier layer architecture. The presentation server, the application server, and the database server are separated onto different physical networks. Users can only connect to the presentation server over 128 -bit SSL in order to ensure that all information passed from the customer to the application is encrypted, Anti -fraud features such as Address Verification Service (AVS) and Credit Card Security Coding (CSC) are used when payment transactions are processed. External security monitoring by ScanAlert informs InfoSend if there is a perceived problem from the outside of the network. Unauthorized users cannot access utility account data, bank account or credit card numbers, or other payment information. The data that InfoSend transmits to its payment processors is encrypted. Industry standard security methods safeguard data and external site monitoring scans for open ports or other security issues. Proper access control methods insure that internal users can only access the data relates to their job functions. While InfoSend uses the Windows operating system for internal processing the EBPP application itself is hosted on Red Hat Enterprise servers. InfoSend elected to use this operating system for its web hosting because independent studies have shown it to have less critical security flaws than Windows has had over the years. Physical facility security measures are in place to prevent unauthorized access to data. Security cards/tokens are required to enter the building. Visitors must be signed in before entering, All servers are centrally located and only authorized staff members can access them. GR -19: "Vendor must be able to accommodate multiple bill formats. Bills and notices may be redesigned as part of this Agreement. Pricing should include the cost of initial bill format set up for each format required and for subsequent required changes and redesigns. Vendor must specify the type of bill or change that might constitute a "new" format. For example, when a 25H-28 16 InfoSend Response— 12/29/2006 meter is changed In the middle of a billing cycle, two lines of meter reads and consumption data should appear on the bill." A "new' format is one that: • Is caused by the City changing its utility billing software vendor. • Is caused by the City changing the overall look and feel of the bill. • Is caused by the City adding new services to its bill (for example — the City of Anaheim recently added WiFi services to Its bill). Minor changes to the bill format do not incur any programming fees. The example listed by the City regarding meters changing in the middle of a billing cycle would not incur programming fees. GR•27; "Vendor must describe where and how many bill messages may be placed on the bill." There is no limitation to the number of messages that InfoSend can program to print on a page. The physical size of the sheet is the only limitation. To maximum page usage InfoSend provides a free tool called the Message Manager. It is a free customer service tool is a custom built web -based application that allows you to control the messages that print on your documents. It allows clients to upload bill messages and view them in the actual font that will be used. You can schedule the messages months or even years in advance! You can assign unique messages to different types of customers, or even to individual account numbers or account number ranges. 25H-29 17 Infosend Response -12/29/2006 SECTION III ITEMIZED PEE SCHEDULE ATTACHMENT A - BILLING Unit pricing shall include all overhead associated with providing this service to City of Santa Ana. PAPER BILL Non -recycled Recycled Set-up fee for print and mail services 1 0.000 0.000 Special programming (after initial set-up; per hour) $150.000 150.000 Overweight and foreign mail: Pass-through cost (Overweight and foreign rates same for recycled and non -recycled mail) Data processing 0.023 0.023 Duplex (2 -sided), 2 -Color Laser Imaging 0.020 0.020 8.5"x11" white paper with perforation 0.015 0.021 #10 double window security envelope 0.015 0.018 #9 single window security reply envelope 0.012 0.015 Fold, Insert, bar-coding (OMR), presort and deliver to USPS 0.040 0.040 POSTAGE Presorting mail, (CASS certification). First class postage rate OPTIONS/ADDITIONAL CHARGES Additional Pages (2", 3', 4`h page) $ 0.125 each $ 0.137 each $ 0.381 - Current 5 Digit Rate Most pieces will qualify at 5 -digit rate, the maximum postage is $0.49 for non CASS certified mail. Cost of Data Processing + Duplex Printing + Fold Insert.... + applicable materials from above. Supplied by Client: (inserted by vendor) Inserts -1/3 page Inserts - 8.5"x11" page Inserts - 8.5"x11" duplex $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 per page $ 0.010 peri Printed, folded, inserted by vendor (Not including above $0.01 inserting fee): Insert - 1/3 page $ 0.035 per page $ 0.040 per page Insert - Grayscale 8,5"x11" $ 0.060 per page $ 0.075 per page Insert -- Grayscale 8.5"x11" duplex $ 0.070 per page $ 0.085 per page Retrieve and view bill (access to each bill printed) $ 0.007 per bill for 6 months of retention To calculate monthly charges multiple estimated volume by unit price. 130,000 X .007 = $210 per mo. 25H-30 18 InfoSend Responso — 12/29/2006 ATTACHMENT A - BILLING (Continued) Additional services not covered in any line items above please describe and include unit pricing for bill print and mail services; Non -recycled Recycled NCOALink — Electronic Address Updates $ 0.50 per hit $ 0.50 per hit From the USPS NCOA database. Pricing is per "hit" (reported address change}. InfoSend offers the NCOALink service in conjunction with the United States Postal Service. The service is optional and replaces the small postcard or photocopy that the post office provides you when a customer fills out a change of address form. You only pay a fee for the addresses in your data file that require a change. You will not be charged if the customer gives you the new address prior to the transmission of your data file from the City to InfoSend. 25H-31 19 InfoSend Response —12/29/2006 ATTACHMENT R — RILL PRESENTMENT BILL PRESENTMENT Set up fee for EBP E• Setup and implementation fee for main bill presentment features waived. No fee for site design, testing, customer support training, and documentation. Includes ability to associate more than one utility account with a single user name and password. Includes branded web portal that matches the City's look and feel. Includes a custom formatted payment file that the City will use to update its A/R system. Future phase web services defined in the RFP are also included with no setup fee. (With the exclusion of item E-3 "other City services", which does not have a clear project definition). If the future phase website features require that an HTML formatted document be created and stored in the EBPP system archive then a transaction fee will be charged for each document created, that Is equal to the normal bill presentment fee shown below. Electronic bill presentment $ 0.11 per bill presented Bills are only presented for customers who have enrolled for the service to save the City costs. Bills are presented with the next billing cycle. Customers can make a payment immediately after enrollment is complete by entering the amount due from their paper bill. The City can also choose to have all bills presented regardless of whether the customer has enrolled or not for a lower per bill presented fee. See additional services. Archive bills for 24 months $ 0.02 per bill presented Standard bill archival length is 6 months. If the City requires 24 months of bill archival then the bill presentment fee is increased by $0.02 per bill. On-line reports 0.00 Monthly update $0.00 Software upgrades $0.00 Additional services not covered in any line items above please describe and Include unit pricing for bill presentment services: 0.03 and post them to the electronic bill presentment system then the electronic bill presentment fee is discounted by $0.03 each. If this option is selected a customer will have bills to view immediately after enrollment. See the description under "Electronic bill presentment" above. Total: 0.03 These fees apply only if the City uses a payment processor that InfoSend is already connected to. Connecting to new processors requires a significant amount of one-time and recurring costs on InfoSend's end. 25H-32 20 InfoSend Response -1212912006 ATTACHMENT C — BILL PRESENTMENT & PAYMENT InfoSend will submit payment transaction information to Electronic Payment Exchange (EPX) for processing. BILL PRESENTMENT AND PAYMENT Set up fee 0.00 One time bank draft for paper invoice customer See EPX Agreement Credit Card for paper invoice customer See EPX Agreement Enrolled EBPP customer bank draft See EPX Agreement Enrolled EBPP customer credit card See EPX Agreement Additional services not covered in any line items above please describe and Include unit pricing for electronic bill presentment and payment services; ACH (bank draft) Non Sufficient Funds Fee See EPX Agreement This fee charged if a customer initiates a bank draft payment but does not have enough money in his or her account for the debit to go through. ACH (bank draft) Credits See EPX Agreement Every time payments are settled and an ACH credit is sent to the City's bank account an ACH credit occurs. This happens once each business day for bank draft payments and once for credit card payments, unless there are no payments to settle that day. 25H-33 21 InfoSend Response —12/29/2006 ATTACHMENT D — CREDIT CARD PROCESSING InfoSend will submit payment transaction information to Electronic Payment Exchange (EPX) for processing. InfoSend obtains real-time authorizations from EPX. Both InfoSend and EPX are PCI Level 1 Compliant, CREDIT CARD PROCESSING See EPX Agreement for pricing, InfoSend QuickPay Pricing QuIckPay (No Enrollment) Service acceptance-. . Payment Initiation & PCI Compliance Fee Per Payment $Waived Per payment initiated to one of InfoSend's preferred payment partners. This is for all payment initiations for ACH, credit card, auto pay, same day or scheduled payments made through the system. Processing costs will be covered under separate contract directly with processor. Monthly Support Fee Per Month $200.00 Per month fee to support the QuickPay service. Set-up Fee (Already live for Dog Licenses) One Time $625 25H-34 22 InfoSend Response— 12/20/2006 ATTACHMENT E Provide details as requested under the entitle sections: IF ADDITIONAL SPACE REQUIRED FOR DETAILS PLEASE ATTACH A SEPARATE SHEET(S) W.A.1, AUDIT TRAIL The successful vendor shall have a proven audit trail governing all phases of the bill production and fulfillment process. 1) "Describe your capacity to back out of or suspend a printing run (or any phase of the process) and correct problems." A print run can be cancelled or suspended at any time. If the batch has already been printed then it can be cancelled or suspended in the mailing department. If the City requires that certain bills be suppressed then it can accomplish this in one of two ways: (1) The bill can be pulled electronically if the client provides a suppression file prior to the processing of the batch. (2) The file can also be pulled during any point of production. The latest pull request would be at 4:45 p.m. because the mail is delivered to the USPS at 5:00 p.m. 2) Describe the steps by which you would: a) "Verify the data received." After the file is received the system automatically checks to see if the client accidentally uploaded a file that had already been received in the past 6 months. If a duplicate has been received then InfoSend will put the file on hold and contact the client. The City can embed the total number of records and the amount billed at the beginning or end of its data file. If this is done then InfoSend can automatically compare its post -processing total with the City's total. If the totals don't match then an internal warning will be created and InfoSend support staff will investigate the issue. The City will receive a File Transfer Report from InfoSend that verifies that the file was received. The report contains the time the file was received and the record count. After the batch is completed the City receives a Process Confirmation report that lists the total dollar amount billed in the batch. The City's staff can view this information to ensure that the batch was processed properly. The City also has the option of viewing and reviewing this information prior to the printing of the batch. If this option is selected then the report will be embedded in the sample PDF file so that it can be reviewed and approved before the file is printed. b) "Verify the complete success of a billing run (processing, printing, and fulfillment phases)." Each billing run is automatically tracked in InfoSend Job Tracking system. This system is available to both InfoSend staff members and to the City itself. Every file 25H-35 23 I nfoSend Response — 12/29/2006 that the City sends is logged in the system and must complete the following steps before it is moved from the "Active" queue to the "Completed" queue: 1. The job is automatically processed 2. Samples are sent and approved (optional) 3. The job is printed 4. The job is put through a QC process 6. The job is prepared for delivery to the USPS in the mailing department 6. The job is completed by scanning a barcode on the Job Ticket (control document) that accompanies each batch of mail. This triggers the emailing of the Process Confirmation Report to the client. InfoSend's production operators, QC personnel, and Operations Manager constantly monitor the Job Tracking system throughout the day. Jobs cannot be completed in the system if each step is not passed. If a job is not competed then it stays in the Active Queue and InfoSend staff investigates to see why it was not completed. Email alerts from the system inform staff of items in the Job Tracking system that require review. c) "Identify and replace any bills, which are damaged or destroyed during a billing run." If any bills are damaged during the printing or mail preparation phases of the billing run the production department reprints them. InfoSend has developed its own Central Print program to submit print jobs to the printers and to reprint individual or ranges of bills. The program logs the operator who printed the job and the time the job was printed. When an operator reprints a bill or a batch of bills the program warns the operator that the job has already been printed, therefore avoiding accidental reprinting of a batch that has already been printed. d) "Enable reprints of individual customer bills, both immediately after the billing run and at a later date (i.e., if customer advised that a bill was not received or later requests a reprint)." The process to reprints of individual customer bills immediately after the billing run is explained in Item c) above, If the City requires that a bill be reprinted on a later date it can either: 1, Contact InfoSend and ask for the bill to be reprinted and mailed or sent to the City in PDF format. (To be used on an occasional basis). 2. Use the PDF Archiving application to retrieve a PDF copy of any bill that was printed or mailed in the past. Pricing for this optional service is provided in Attachment A, "Retrieve and view bill (access to each bill printed)". The pricing includes 6 months of bill archival at a very low per -bill fee. Other retention lengths can be selected. This application allows the City's CSR staff to search for a bill by customer name, account number, or up to three other fields. e) "Suspend a billing/printing run and correct problems. Please see answer in item (1) above. Batches can be suspended at any time. If programming is required to correct a problem then InfoSend's programming team will address the issue immediately. 25H-36 24 InfoSond Response— 1 212 9/2 0 0 6 3) "Describe the process that would be used to track and manage specific and multiple mailing batches." A Job Tracking system is used to track all operations. Please see details in item 2(b) above. The client can also access the system by logging into wvvw.1nfosend.corn. 4) "Describe the statistical reporting capability. Provide sample documents." InfoSend offers a variety of reports as part of its service — no reporting charge. Unless noted otherwise, all reports can be emailed to City or posted on a secure website for download, or both. Daily Report - File Transfer Acknowledgement Report This is first of two reports that you will receive after uploading a data file to InfoSend. The File Transfer Acknowledgement Report provides information on the file name, byte size, page/record count, and file receipt date. InfoSend can e-mail this report to your staff. The report is automatically uploading to our Job Tracking system and can be viewed from our online report archive; both are accessed by logging in to www.infosend.com, A sample File Transfer Acknowledgement Report is shown next: T© JOHN SMITH ASC COMPANY FAY 1. 714 446--1.482 FROM TNFOS.END, INC. DATE 07/31/2003 RE : FILE TRANSFER ACKNOWLEDGEMENT THIS REPORT Co N'FIRMS THAT THE FILE(a) LISTED BELOW HAVE BEEN �RECEI:VED.. IF YOU .:IND ANY. DIJCREPANCY OR IF YOU HAVE ANY QUESTIONS 4R 3PECIAL INSTRUCTIONS REGARDING .TH16 LIST, KINDLY GIVE US A CALL AT (714) 5.Z5-3600. THANK YOU, -------------------------------------------------------------------------- No. NAME OF FILES) FILE SIZE FACE/P.ECORD DATE (BYTES) COUNT RECEIVED 1.. ABC07313.001 55131205 215,001 07/31,/2003 2. ABC0731F.001 081514 1,505 07/31./2003 TOTAL PAGES/RECORDS21';,506 25H-37 25 InfoSend Response — 92/29/2006 Daily Report - Process Confirmation Report The Processing Confirmation Report is transmitted to you after your documents have been completed for mailing. This report provides the name of the file(s) that was mailed along with a detailed mail count. For statements, invoices, and other financial documents, the total dollar amount is also provided. InfoSend can e-mail this report to your staff and the report is automatically uploading to our Job Tracking system. The report can also be viewed from the online report archive, which can be accessed by logging in to www.infosend.com. A sample Process Confirmation Report is shown next: TO a aOHN SMITH ASC COMPANY FAx a 1 714 446-1482 FROM 4 INFYY9='ND, INC. DATE" r: 07/31,/2003 RE ; PROCESSING CONE'.I:RXZkT'ION REPORT IF YOU HAVE AN'Y QUESTIONS ABOUT THIS DOCUMENT, PLEASE CONTACT US AT (714) 525-8600. THANK YOU. T NO, P'EF".E.RENCE AtWU:NTt. ) ORIGINALSINGLES NlULTI.Pli:ES UAAWSPECIAL TOTAL FILE (S) :NOTE. ------------------------------------------------------------------------- 1. ADC0731,A 0549aGT.9,2 215001 214121 880 33 2'.1560+1 STATEMENT ABC.D7315.001 7/31/0:3 2. AHC0731:B 60201.06 1505 1505 0 2 1.505 FINAL NOTICE ABC073IF. 001 7/31/G3 TOTALS = B610052.5D 21G506 215526 860 35 2.16506 25H-38 26 InfoSend Response - 12129/2006 Monthly Report — Excel Detail Report This report is provided in the Excel format and contains built-in sorting features. It details the counts and postage amounts for each file received. A sample is provided next: Job _Code Job -Typo Input_rile_Nama Rocv_Qate Camp bate Page- Count Unf Pdce Total Price ABC0601A STATEMENT ABC.0801.ST.001 811/20066,50 8/1/20069:34 1 5548 0,13 721.24 ABC0801A PRESORTED POSTAGE 1 1658.85 1658.85 ABt3801A-Totals also list any accounts that have been deactivated. The 10535 4.574,37 ABOO608A STATEMENT ABC.0808,ST.001 U/20069:30 8/271200612:10 1 5781 0,13 751.53 ABC080SA PRESORTED POSTAGE 1 1763.21 1763.21 ABO0808A.Totals Lists name, utility billing account number, payment Report 5781 7514.74 _ ABCOB17A STATEMENT ABC.0817.ST.001 8117120068:15 8117x200611:08 1 6015 0.13 781.95 ABC0817A PRESORTED POSTAGE 1610,52 1810.52 ABC8817A-Totals 6015 2592.47 ABOO828A STATEMENT ABC.0828.ST.001 8/28120065:50 8!28x200610:21 1 4987 0.13 648.31 ABC0628A PRESOP,TED POSTAGE 1 1545.97 1545,97 ABCI182BA-Totals 10535 4574.37 PRESORTED POSTAGE TOTALS 6778.55 Grand Total Other Reports 32866 21036 Address Update Report Lists the address that matched the USPS change of address database. Available as a machine-readable or human -eye formatted report. Sample Ready for If the City requests that sample HTML bills be viewed Approval Report before the batch is posted to the EBPP system then it will receive an email when the sample file is ready. EBPP Enrollment Report City can receive one report that lists account numbers that have been enrolled for EBPP, and accounts that have elected to turn off paper statements. The report will also list any accounts that have been deactivated. The City can also choose to receive the report on accounts that have turned off paper statements separately. Email Delivery Failure The City can choose to get a report that lists suspected Report email delivery failures. Recurring Payment If automatic recurring payments are activated the City Activations Report can receive a report that lists the account numbers that have been enrolled in the service. The report will also list any accounts that have been deactivated. Electronic Payment Lists name, utility billing account number, payment Report amount, payment date and time, and payment type credit card type or ACH . Credit card or ACH account 25H-39 27 InfoSend Response— 12/29/2006 25H-40 28 number not listed for security reasons. Report can be configured several ways: :• Report contains all attempted payments Report contains payments that passed initial checks and were submitted to ACH or credit card network Report contains only the payments whose funds have been settled Electronic Payment Lists the payment transactions that passed initial checks Exception Report and were submitted to the ACH or credit card network and later failed. These failures create a return item and customer must be charged a fee. Examples: 3 If customer attempts to make an ACH payment that passes the routing number check but fails due to insufficient funds a return item fee is assessed. This item is listed in the exception report. •: If customer attempts to make a credit card payment that passes the card number and security code check but fails due to a chargeback a fee is assessed. This item is listed in the exception report. Examples of "soft" errors that do not create a return item or chargeback fee: If customer attempts to make an ACH payment with a routing number that doesn't pass InfoSend's database of valid routing numbers no return item fee will be assessed. Customer is automatically instructed to resolve problem and retry payment. These types of failures are normally not listed in the exception report. :• If customer attempts to make a credit card payment with an invalid card number or security code no return item fee will be assessed. Customer is automatically instructed to resolve problem and retry payment. These types of failures are normally not listed in the exception report. Shutoff Report If the City performs customer shutoffs at the same time each week then a report can be sent to the City prior to this time that lists all payments attempted in the previous 24 hours. The City can then investigate these payments before the customer is shutoff and decide whether or not it wants to give the customer time for the payment to clear. 25H-40 28 InfoSend Response —12/29/2006 IV.A,2. SPECIAL DIRECT MAIL "Please describe your ability to handle special direct mail documents independent from our invoices." InfoSend has in-house digital printing equipment to print black and white, black with highlight colors (blue, red and green) and full color documents. We also have relationships wholesale offset printing vendors in the local area for high-volume, static color printing. InfoSend can process mail merges to personalize direct mail pieces with variable information. We can provide newsletters, fliers, announcements, meeting notices, bulletins, post cards, brochures and more in sizes up to 17" x 11" printed two sides. We can prepare addresses and barcode all of these pieces for best postal first class or standard rate postage for USPS delivery. IV.A.2, BILL PAYMENT "COSA offers same-day reconnection after a payment is received. Describe process for handling payments made by customers who are trying to reestablish service after being disconnection and/or customers who have received final notices on delinquent accounts." InfoSend will develop a webpage specifically for customers who need to reconnect their service. The City will be notified that this type of payment has been made so that it can start the reconnection process. IV.A.3 GR -50 DISASTER AND CONTINGENCY RECOVERY PLANNING InfoSend understands the importance of disaster recovery and business continuity. We do not utilize our primary facility's full production capacity because this would make it more prone to service delays from equipment failure or spikes in client volume. The secondary facility is owned and operated by InfoSend and located in Downers Grove, Illinois. The facility contains all the equipment needed to process client mail in the event of a disaster. InfoSend would be happy to provide a site tour of either of its facilities. We are proud of the large investment we have made Into production equipment and can show the City just how efficiently the mail will be processed. The EBPP application is hosted at both locations, as is all other applications_ If a disaster takes the primary system offline it can be run from the Downers Grove facility. InfoSend custom Customer Relationship Management program documents each client's implementation and support. The program and its data is duplicated at the Downers Grove facility. There are three separate backup methods in place to protect data and assure systems can be restored fully after a disaster of any type: All servers are duplicated at the Disaster Recovery Facility. Data is automatically synched between the main facility and the Disaster Recovery Facility over a secure VPN. 25H-41 29 InfoSend Response— 12/29/2008 2. Server data is backed up to tapes that are taken off-site daily. 3. An image of every system's hard drive is written to a file server after the system is setup and configured. This ensures that entire systems can be quickly restored without having to first install and configure the operating system. Disaster Recovery Plan The following outlines the steps InfoSend has taken to avoid the interruption of data processing and mail delivery and outlines the contingency planning in place to ensure that the mailing of client data is performed should extraordinary circumstances arise. Systems Information Data Processing: 1. System -wide security policies measures protect data from internal and external threats. 2. External third -party security monitoring alerts InfoSend if there is a potential security risk. 3. Client programs are written separately and are not run off a template — ensuring accuracy and allowing for programs to be run separate of one another. 4. Client programs can be run at InfoSend's Disaster Recovery Facility. (Please refer to the section labeled "Off -Site Location" for more information). 5. Multiple methods of secure data transmission are available to ensure that client data reaches InfoSend securely, quickly, and in whole. Before data is processed backup copies are made. 6. Anti-virus definitions are updated automatically as they become available to protect client data from viruses, Trojan horses, worms, etc. Anti-virus software is installed on each client PC, and on the corporate mail server. 7. Software updates are tested and applied to harden systems. Subscriptions to e-mail security bulletins inform IT staff of security holes in software products as soon as this information becomes available. 8. Backup data is verified on a routine basis to ensure that it is useful should the need to use it arise. Backup/Restore Plan: Three separate backup methods are in place to protect data and assure systems can be restored fully after a disaster of any type: i. All servers are duplicated at the Disaster Recovery Facility, Data is automatically synched between the main facility and the Disaster Recovery Facility over a secure VPN. 25H-42 30 InfoSend Response— 12/28/2006 ii. Server data is backed up to tapes that are taken off-site daily. iii. An image of every system's hard drive is written to a file server after the system is setup and configured. This ensures that entire systems can be quickly restored without having to first install and configure the operating system. 2. The RAID system is used on all servers to ensure that data remains available in the event of a hard disk failure. 3. InfoSend internally develops its programs and systems, so IT staff members are always available to handle potential problems. Hardware/Communications: 1. Client programs are run on industry -standard X86 based workstations, readily available in the marketplace. Backup policies ensure that computer theft could not cripple operations. 2. Enterprise class firewalls are used to safeguard data, using a combination of the layer -3, layer -4, and layer -7 security technologies. 3. InfoSend's main facility uses two T1 broadband connections provided by different ISP's to ensure that Internet communications are always available. 4. InfoSend employs the use of Load Balancing/High Availability equipment to manage the traffic from its Internet providers. InfoSend can sustain the loss of one broadband line without any impact to production. 5. Hardware firmware updates are tested and applied to harden systems. Subscriptions to e-mail security bulletins inform IT staff of security holes in hardware products as soon as this information becomes available. 6. InfoSend uses multiple printers and printer types to ensure that a printer supply shortage or hardware issues do not delay production. 7. InfoSend's employs around the clock service contracts for production printers and servers to ensure that hardware problems do not hamper production. 8. LAN servers and web servers are kept on separate networks to ensure that there is no unauthorized data access via the net, Only authenticated users of InfoSend's intranet can access the data. InfoSend's employees are cross -trained and can manage tasks that span the entire production process. At InfoSend's current size and capacity, operations can run normally with the absence of key personnel until they return or another person is trained for their position with no effect on production. Disaster Recovery Facility InfoSend owns and operates a second production facility designated for Disaster Recovery. Location: 1406 Centre Circle Downers Grove, Illinois, 25H-43 31 InfoSend Response— 12/29/2006 • The facility is a live production facility outfitted with data processing, printing, mailing and general office equipment and supplies, This facility is available for mail processing if the main facility is not functional for any reason. • Multiple production printers and inserters are installed at the Disaster Recovery Facility. Primary Facility Operational Logistics • The company currently occupies three adjacent but separate buildings. Fire doors separate the buildings, which prevents a possible fire in one building from spreading to another, • The building is outfitted with security doors that require those who enter the building to have access control cards. This allows InfoSend to monitor the traffic going through all entry and exit doors. Visitors may gain entry into our facility by using the intercom located at the front door. • InfoSend is protected with a modern security network. Each authorized user keeps an individual security code and may only access the premises during appropriate business hours. The building is armed during off hours. If the alarm should go off, the local Police Department's average response time is less than 10 minutes. ■ Critical servers and network equipment is centrally located and only accessible to managers and assigned staff. Materials: • InfoSend's envelope and form suppliers keep a reserve of materials at their facilities. ■ Reserves of custom and standard forms are maintained at the disaster recovery facility. Mail House Logistics: ■ InfoSend works multiple production lines, each of which can operate independent of the others in the case of an equipment failure. Please contact your account representative for a full listing of the current production equipment in use. • The Disaster Recovery facility is continually visited by InfoSend's management and technical staff to test the facilities systems, power, and other resources. • InfoSend's IT staff is immediately informed if the backup systems are offline and cannot receive data. 25H-44 32 InfoSend Response —12/29/2006 Describe your contingency planning, documentation and testing processes using the following scenarios: (1) Technology failure or interruption (e.g., data processing, communications), The primary facility uses two full T1 lines from different vendors to ensure that clients can always access the system. Should both lines go down the second facility's systems can be used. Multiple workstations ensure that system failure does not affect processing, as do backup servers and redundant moving parts within each server. 2) Labor interruption, All of the departments listed below have at least 3 staff members to ensure that production is not delayed if a staff member is sick or out of the office: • Printing • Mailing • Client Support The disaster recovery facility is currently being transitioned to a fully staffed facility. This will allow it to be operated even if there is a catastrophic problem at the primary facility that renders its staff unable to operate the machinery at the disaster recovery facility. 3) Unavailability of physical premises, or The disaster recovery facility will be used if the physical premises are not available at the primary facility in Anaheim. 4) Operational disruption (due to any cause) such as a power outage. The disaster recovery facility will be used if there is an operational disruption at the primary facility in Anaheim. ATTACHMENT E (Continued) II.A.3 MISCELLANEOUS VENDOR'S APPLICATION, SOFTWARE AND MAINTENANCE UPDATES 25H-45 33 InfoSend Response —12/29/2006 1) There are no scheduled downtimes. All system maintenance is performed after-hours. Since InfoSend's services are provided in the Application Service Provider (ASP) format, there are no software versions. Changes and improvements to the services evolve over time and are tested on InfoSerd's end without requiring the client to make charges to their systems. 2) "How will the vendor's help desk calls be handled? What are the hours of operation?" a. Standard customer service is provided from 8:00am to 5:00pm, Pacific Time. After-hours customer service is available 24 hours a day with a 4 -hour response time via an answering service. b. InfoSend is always open on the same days that our municipal utility clients are open. The holidays that Customer Service takes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. c. The toll free number to contact Customer Service is (800) 955-9330. The toll free after- hours answering service number is given during implementation. There is no charge for support and it is unlimited. 3) "What training is included for CSR's and system administrators?" Training is provided for how to use the InfoSend website to upload files to InfoSend, review samples, track files, request inserts, and download reports. Training is also provided for the CSR tool that is used to research customer questions related to the electronic bill presentment and payment service. 4) "Are there any minimum technical requirements for a CSR/Customer to access EBPP?" Yes -- the CSR/Customer must have an internet browser capable of supporting 128 bit SSL security. The EBPP site is only accessible over a secure connection and access is denied if the user attempts to manually change the EBPP URL to go over a non -secure connection. The 128 -bit SSL protocol is industry standard for all secured websites and supported by the vast majority of browsers. This type of security became standard on Microsoft operating systems with the release of Internet Explorer 3.0, which came out with the second revision of Windows 95. Users who had the first version of Windows 95 were able to download Internet Explorer 3.0 to upgrade their systems. Basic JavaScript is also required. This is also a standard feature of the vast majority of browsers in use today and many websites do not work properly without it. The EBPP system does not require the user to have a PDF viewer or a Java platform. 5) What kind of documentation will be provided? Documentation is provided on the EBPP CSR tool. A quick reference guide is provided for the InfoSend website itself. 6) Monthly maintenance. 25H-46 34 InfoSend Response— 12/29/2006 InfoSend will not charge the City for the monthly maintenance. All maintenance is inclusive of the per -bill printing and online presentation fees. IV.A.13 PERFORMANCE GUARANTEE "Vendor shall provide suggested performance standards against which compliance with the contract shall be measured. Failure to comply with measurements will results in penalties to be determined during contract negotiations." 1.) Timeliness of Statement Mailing/Presentment InfoSend will print+mail and electronically present bills per the RFP specifications. Failure to perform duties in the agreed upon timeframe will entitle client to service level credits. Exceptions: a.) If InfoSend's automated systems are unable to process the client's data file due to an unscheduled data format change on the client's end. InfoSend will contact the client and request that the file be resubmitted in the correct format. Should client not be able to send the data in the previous format due to a system change, time will be needed for InfoSend to make programming changes. Client should therefore notify InfoSend in advance if its data format is going to change. InfoSend requests that it be notified at least 4 weeks in advance of a data format change. b.) If client requests that samples of the bills are reviewed and approved before they are printed/posted and fails to approve samples within a few hours then a delay may be caused. 2.) Bill Accuracy InfoSend will print/post bills free of any errors. Failure to print/post bills accurately will entitle client to service level credits. Exceptions: a.) If client sends incorrect data there is a good chance that InfoSend will also repeat the error. Example — client submits data in which the balance due from the first customer in the file is incorrectly repeated in the balance due for the second customer in the file. The sample approval process can help the client catch his or her own error. b.) If client sends a customer record, which contains data that would not currently fit on the printed statement, then truncation will occur. Example — if the current printed statement is formatted to display a 20 -character or less customer first name and a data file is submitted that contains a 40 -character customer first name then data truncation will occur. If client is adding a new field to its data format or is including new data elements in existing fields, it is recommended that it send InfoSend-a test file to ensure that data truncation will not occur. 3.) Availability of websites InfoSend employs the use of multiple internet connections from different Internet Service Providers to maximize website uptime. The websites will be accessible by customers and CSRs at all times. Exceptions: 25H-47 35 InfoSend Response -12/20/2006 a.) InfoSend performs periodic system maintenance that can require temporarily taking the websites offline. If this type of maintenance is required the downtime generally lasts for less than 1 hour. This type of maintenance is performed after hours. b.) If a critical security update becomes available outside of the maintenance window described above that requires a temporary website outage, InfoSend will install the update if it determines that postponing the update will put the client's data at risk. These types of updates are rare and can generally be applied without requiring the websites system to be taken offline. If an interruption of the systems is required for this type of update, the outage will generally last only a few minutes. c.) If the EBPP system is inaccessible by a customer due to a problem on the customer's end then InfoSend will not be penalized. Examples include a hardware or software problem with the customer's computer, inability to access the internet because of a problem with the customer's Internet Service Provider, a DNS problem with customer's computer that makes the InfoSend EBPP site appear to be offline when it is not. Client will judge customer complaints of EBPP outage by using the following procedures: I. If a customer calls or emails client and states that the EBPP is down or responding very slowly, client will attempt to access the EBPP system to see if it can connect at normal speeds. If client can connect to the EBPP system at that time and the site is responding then the problem is most likely on the customer's end and InfoSend will not be penalized. Client will advise the customer to check to ensure that their computer can connect to other websites and try to connect to the EBPP system again. ii. If neither the customer nor the client can connect to the InfoSend EBPP then the client will check to see if other websites, like www.google.com and www.yahoo.corn are accessible. If other common websites are loading very slowly or not accessible at all then the problem could be caused by a major internet backbone outage. In this scenario InfoSend will not be penalized. iii, If neither the customer nor the client can connect to the InfoSend website but the client can connect to other common websites like www.google.com and www.yahoo.com, then the client can suspect that the problem is on InfoSend's end and instruct the customer to try to connect to the website at a later time. The client will immediately notify InfoSend of the potential problem. InfoSend will then attempt to verify and diagnose the issue and will contact the client with more information on it as soon as it becomes available. The client will be eligible for a service level credit. IV.A.6 IMPLEMENTATION AND TRAINING SERVICES InfoSend does will not charge the City for implementation or training. InfoSend has reviewed the milestone dates provided in the RFP and the go -live date of March 1, 2007 is achievable and practical. We recommend that the implementation of the printing and mailing service and the electronic bill presentment and payment service be staggered by at least 4 weeks to streamline the installations and allows the City to 25H-48 36 InfoSend Response —12/29/2006 adjust to outsourcing its printed bills before the electronic bill presentment begins. InfoSend will begin the electronic bill presentation implementation at the same time that the print implementation is started, but will hold its questions for the City until the print service goes live. InfoSend proposed implementation key dates: January 15, 2007 — InfoSend to begin the implementation of the print and mail service. February 16, 2007 — City to begin parallel testing of InfoSend's bill printing and mailing service. The City will upload files to InfoSend daily and they will be processed and posted in PDF format but not mailed. InfoSend will provide training of how to use the www.infosend.com website to manage the print process on this day. The training will last approximately (1) hour and can be performed at the City or at InfoSend. The individuals from the City that should be trained are the staff members that are involved with the day-to-day operations of utility billing, and their supervisors. March 1, 2007 — Go -live of printing and mailing service. The City is welcome to visit InfoSend and observe the first mailings if it wishes to do so, March 5, 2007 — InfoSend now begins submitting questions regarding the electronic bill presentment and payment service to the City. A weekly conference call is facilitated for each party to ask questions of each other and finalize service options. March 30, 2007 — City to begin testing the electronic bill presentment and payment service. InfoSend will provide training of how to manage the service. The training will last approximately (3) hours and can be performed at the City or at InfoSend. The individuals from the City that should be trained are the staff members that are involved with the day-to-day operations of utility billing, and their supervisors. 25H-49 37 InfoSend Response — 12/29/2006 II.A.7 PROJECT MANAGEMENT InfoSend will provide a single point of contact for the entire project and also assign a second project manager to be involved with the project from start to finish to ensure that there are always two people who are aware of the project progress. This ensures that the project is not delayed if the primary project manager becomes ill. Josue Martinez will be the primary project manager, and Russ Reza! will be the second project manager. Both Josue and Russ will attend each meeting/conference call with the City and keep track of the project in InfoSend customized Customer Relationship Management system. Resumes Name Josue Martinez Experience InfoSend, Inc. Anaheim, CA (2000 — present) Implementation Specialist • Has managed over 40 city/water district installations • Has managed over 20 city/water district software conversions (from legacy client utility billing system to new utility billing system) • Trains and leads the support department • Liaison between customers and programming Education AA Information Systems — Fullerton College (2002) BS Information Systems Development and Science — Cal State University Fullerton Proficient in programming, layout design, and database management using the following software: Microsoft FoxPro Crystal Reports Adobe Illustrator MySQL Name Russ Reza[ Experience InfoSend, Inc. Anaheim, CA (2001 —present) COO • Manages research and development • Overseen the development of utility -targeted services since 2001 • Creation of online services department • New product and service development and deployment— including EBPP • Creation of variable data digital color printing department InfoSend, Inc. Anaheim, CA (1996-1997) Company Co -Founder IN InfoSend Response —12/28!2008 IV.A.8 GENERAL INFORMATION AND REFERENCES InfoSend Company Profile Mission Statement: "Our goal is to provide the best possible services along with cost savings to our customers in an accurate, reliable, and timely manner - with a personal touch." InfoSend, Inc. has been providing data processing, statement printing and mailing services to various industries since 1996. In addition to these services InfoSend offers fully hosted and managed e -Billing services. The Electronic Bill Presentment & Payment (EBPP) service can be used as a stand-alone service or integrated with the print and mail service. Incorporated on Jan 17, 1997 in California, InfoSend is a privately held company. InfoSend's core competencies are information technology, document formatting, and document production. The company's founders have over 35 years of combined Information Technology experience. This background has helped InfoSend adapt to technology changes and introduce new services to meet our clients' needs. We are continually refining services and adding to the equipment necessary to produce financial documents. Customer Service InfoSend's staff can be reached by calling our office toll free at (800) 955-9330, or by dialing (714) 993-2690. Live support staff answers phone calls and can also be reached via email. Most customer service inquiries can be resolved within the initial phone call or e-mail. Locations The Company currently owns and operates its 75000 sq ft headquarters and production facility. The building is located in Anaheim, California. The mail pieces that are produced at our Anaheim facility are picked up by the USPS and sent to to the main Post Office Hub of Santa Ana, California. This facility is a Detached Mail Unit and houses USPS employees who check the mail throughout the day. InfoSend Headquarters: 4240 E La Palma Ave Anaheim, CA 92807 25H-51 30 • Supported in development of new company in 1996 • Laid groundwork for future IT development between 1996 and 1997 • Began research into Electronic Bill Presentment and Payment Services • Stayed active part-time with company while studying at UC Santa Barbara Education BA Business Economics from University of California, Santa Barbara (2001) Proficient In Website/Forms Design using Following Applications/Languages: HTML, Crystal Reports, Adobe Illustrator IV.A.8 GENERAL INFORMATION AND REFERENCES InfoSend Company Profile Mission Statement: "Our goal is to provide the best possible services along with cost savings to our customers in an accurate, reliable, and timely manner - with a personal touch." InfoSend, Inc. has been providing data processing, statement printing and mailing services to various industries since 1996. In addition to these services InfoSend offers fully hosted and managed e -Billing services. The Electronic Bill Presentment & Payment (EBPP) service can be used as a stand-alone service or integrated with the print and mail service. Incorporated on Jan 17, 1997 in California, InfoSend is a privately held company. InfoSend's core competencies are information technology, document formatting, and document production. The company's founders have over 35 years of combined Information Technology experience. This background has helped InfoSend adapt to technology changes and introduce new services to meet our clients' needs. We are continually refining services and adding to the equipment necessary to produce financial documents. Customer Service InfoSend's staff can be reached by calling our office toll free at (800) 955-9330, or by dialing (714) 993-2690. Live support staff answers phone calls and can also be reached via email. Most customer service inquiries can be resolved within the initial phone call or e-mail. Locations The Company currently owns and operates its 75000 sq ft headquarters and production facility. The building is located in Anaheim, California. The mail pieces that are produced at our Anaheim facility are picked up by the USPS and sent to to the main Post Office Hub of Santa Ana, California. This facility is a Detached Mail Unit and houses USPS employees who check the mail throughout the day. InfoSend Headquarters: 4240 E La Palma Ave Anaheim, CA 92807 25H-51 30 InfoSend Response— 12129/2006 InfoSend's second facility is located in Downers Grove, Illinois. This facility is also owned and operated by InfoSend and serves as the company's disaster recovery site. The site is fully networked and data is synched up from the Anaheim facility to the Downers Grove facility automatically. This facility is also a USPS Detached Mail Unit. Disaster Recovery Facility: 1406 Centre Circle Downers Grove, IL 60515 Description of Print & Mail Service InfoSend provides a free and secure upload form that authorized users can access to transmit files. Alternatively, you can automate your transfers using FTP or use a dial-up modem. Upon the receipt of the data file, a File Transfer Confirmation report will be sent via e-mail. Your data is then processed, address validated, presorted, printed, put through Quality Control (QC), folded, inserted, and mailed within 24 hours. Files transferred and approved before 9:00 a.m. Pacific Time are processed and mailed the same dav1 After your data has been processed and mailed, you will receive a detailed Process Confirmation report of the data processed for your records. The confirmation reports are available online at www.infosend.com. Programming InfoSend creates a custom program that reads your data and inputs it to InfoSend's database for processing. Common export formats are character delimited, XML, SDF, and flat ASCII. Our programmers will adapt to your file format instead of asking you to conform to a predefined template. InfoSend has successfully accepted data originating from a variety of different billing systems — including licensed and custom financial management platforms. We have the ability to suppress the printing of certain statements or invoices based upon specific criteria: account type, customer account number, dollar amounts, etc. CASS Certification: In accordance with postal regulations for presorted first class mail, we use CASS Certified software when processing incoming data. This software validates and presorts all customer delivery addresses into zip code order while adding the barcode and zip+4 extension. InfoSend can suppress the mailing of documents containing invalid addresses and instead report them to you in an electronic file, Forms Documents are printed on white or preprinted color forms. Custom preprinted forms allow InfoSend to match your logo colors and provide high quality screens. Both options are provided at the same price. Inserting InfoSend maintains a variety of mail folding and inserting equipment. Intelligent or "Selective" Inserting is available, which allows you to target specific customer groups with different mailing inserts such as special flyers or newsletters. Intelligent Inserting will also allow you to exclude a 25H-52 40 InfoSend Response — 1 212 9/200 0 #0 return envelope for all customers participating in an automatic payment program (ACH). If you require intelligent inserting, please contact your sales representative to go over the requirements. Inserts/Statement Stuffers. Any special insertslflyers/stuffers prepared by the client can be inserted with the bills, Additionally, InfoSend offers full graphic arts services including design and color printing of Inserts. InfoSend's online Insert Request Form is an innovative customer service tool that streamlines insert management. Request a quote for printing and schedule all of your inserts online, Submit the form through our wobsite and a summary of the request will be returned to the user Via email, View the previous requests for your account online as well. Quality Control InfoSend's Quality Control (QC) is one of the company's most unique internal programs, Printed documents are always put through a QC process before being released to the mailing department. InfoSend has invested in this additional service for the benefit of our customers, free of charge. Each QC operator checks for print quality and follows on-screen prompts that are specific to the client. Each individual mailing application can have its own set of items to check for. Message Manager This free customer service tool is a custom built web -based application that allows you to control the messages that print on your documents. You can schedule the messages months or even years in advance! You can assign unique messages to different types of customers, or even to individual account numbers or account number ranges. InfoSend offers the NCCALink service in conjunction with the United States Postal Service. The service is optional and replaces the small postcard or photocopy that the post office provides you when a customer fills out a change of address farm but does not contact you to give the new address information. If you choose to use NCCALink then InfoSend will use the NCOA database to update your addresses before the document Is printed and mailed. The cost is $0.50 per updated address. Exception Processing Exception Processing, or EP, is an optional service that allows you to approve, cancel, or hold individual bills based on predetermined criteria. You may choose to flag exception bills within the data, or InfoSend can build the custom exception rules on your behalf. Example: All bills with dollar amounts over $500,000, or less than $5.00, could be posted to the InfoSend website for individual approval. Please inform us If you would like a price for this service. 25H-53 41 InfoSend Response— 1212912.006 PDF Document Archiving PDF document archiving is an optional service. This is a document archiving tool used by your customer service representatives to download olectronic copies of any document that InfoSend malls. This web application allows you to query the database by customer name, account number, or up to three other custom fields. Documents are archived as individual PDF files, which gives you a quick download time. Your GSRs can use this service to research customer inquiries by viewing a carbon copy of the printed bill. Pricing Is based on how long the documents are retained. Ell Electronic Bill Presentment and Payment (EBPP) is an optional service. Give your customers the ability to pay their bilis online and send bills to them via email. You can save postage costs by eliminating paper bills! The service is also commonly referred to as e -Billing or Online Billing. The portal is customized to match the look of your website and you can choose your own name for it. The City of Chino uses InfoSend's e -Billing service and chose to name it e-BillPay. The following is a screenshot of the login page: t jj Homan yrnitlpay Welcome to the City of Chino e-BillPay bogtn Area e•�EIPay To subscribe your account for Cky of Chin o -pillowy, click on the button baloay. TPOS system makes It onsy for cur customers Ire manage their own vmaty account. Customers can choose to recelve statoments bye•mail, make online piaympns, s(gri up ror recurring payments, or update their Information. To subscribe, simply click on the New subscription button. If you oxp Henca any difF.culUes, please Contact us by d@;WM Login Id. Password. .LLiFrIFiPASSW .6 rdSCiE'7',. Job Tracker and Sample Approvals The InfoSend website contains a variety of account management tools that you can use. The Job Tracker gives you real-time monitoring of the data files that it has submitted to InfoSend for processing. The Job Tracker informs you whether your file Is being processed, printed, put through QC, or in the mailing department. Confirmation reports are uploaded to the job tracker for easy reference. You can use the job tracker to approve samples of printed bills or online bills in the HTML format. References 25H-54 t2) Wosond Rospona — 1 2/2 9120 06 City of Anaheim 714 765-4531��_ __...... 201 S. Anaheim Blvd, #107 Russell Whitcu , tltilit Sarvices Su ervisor Anaheim, CA 92805 rwhitoup@anaheim.net , The City of Anaheim transmits 85,000-105,000 statements per month to InfoSend. Files are sent to InfoSend dally for rintin and maiiin . The City of Chino – —� 909 464-8357 _...._. 13220 Central Avenue -_ _ Olga Mallen, _t. tIJ ILBliling Manager Chino CA 91710 omallan@cltyofchino.org , The City of Chino transmits 17,000-18,000 statements per month to InfoSend. Files are transmitted to InfoSend weekly for bath rintin and online presentment. EI Toro Water District (949) 837-7050, ext. 234 24251 Los Alisos Dave Westphal, Customer Service Man_age_r Lake Forrest, CA 92630 dwestphal@etwd.com El Toro Water District transmits 8,0070 – 10,000 statements per month ri to InfoSend. Files are transmitted for printing and rnailing. __ Partial List of California Utility Clients References have been provided prior to this section. Additional California utility clients Have been listed below. InfoSend currently services over 60 utilities In the State of California. Azusa Light and Water City of Calistoga City of Cotati City of Huntington Beach City of Livermore City of Morgan Hill City of Roseville – New client who chose InfoSend in late 2006 to provide e -Billing City of San Clemente City of Santa Cruz – New client who chose InfoSend in late 2006 City of Sonoma City of Sunnyvale Dublin San Ramon Services District Mammoth Community Water District Mesa Consolidated Water District North Marin Water District North Tahoe Public Utility District Valley of the Moon Water District 25H-55 43 InfoSend Response —12/20/2006 Sample Materials Sample materials are included at the very end of this bid. Samples include utility bills from three different InfoSend clients. Sample envelopes have also been provided. IV,A.& INFORMATION ON ELECTRONIC PAYMENT EXCHANGE (EPX) Founded in 1979, EPX is a full-service credit card, debit card, and electronic check (ACH) payment processor providing secure front-end and back -end payment solutions that utilize tokenization and encryption technologies. Led by a senior management team that has been together for more than decade, EPX continues to lead the way in secure and cost-effective payment processing. EPX provides a straight -through, fully integrated, secure payment processing platform (acting as payment gateway and acquirer) and is dedicated to providing merchants with the most secure and cost-effective payment processing services. EPX will continue to research, build, implement, and support industry-leading payment processing solutions that facilitate PCI compliance, protect merchants, and enhance consumer confidence. EPX is revolutionizing the payments industry by providing fully integrated payment solutions enabling merchants to obtain merchant accounts and securely and efficiently process credit card, debit card, stored value, and ACH payments on one reliable platform. Just a few of the benefits businesses recognize as a result of using EPX solutions include: • enhanced data security • increased processing speeds and customized transaction reporting • dedicated client services • decreased risk exposure • lower costs • strengthened process reliability • reduced potential points of failure 25H-56 44 Exerutiue Department ,Ztate of Ulrornia EXECUTIVE ORDER 5-29-15 WHEREAS on January 17, 2014, 1 proclaimed a State of Emergency to exist throughout the State of California due to severe drought conditions; and WHEREAS on April 25, 2014, 1 proclaimed a Continued State of Emergency to exist throughout the State of California due to the ongoing drought; and WHEREAS California's water supplies continue to be severely depleted despite a limited amount of rain and snowfall this winter, with record low snowpack in the Sierra Nevada mountains, decreased water levels in most of California's reservoirs, reduced flows in the state's rivers and shrinking supplies in underground water basins; and WHEREAS the severe drought conditions continue to present urgent challenges including: drinking water shortages in communities across the state, diminished water for agricultural production; degraded habitat for many fish and wildlife species, Increased wildfire risk, and the threat of saltwater contamination to fresh water supplies in the Sacramento -San Joaquin Bay Delta; and WHEREAS a distinct possibility exists that the current drought will stretch into a fifth straight year in 2016 and beyond; and WHEREAS new expedited actions are needed to reduce the harmful impacts from water shortages and other Impacts of the drought; and WHEREAS the magnitude of the severe drought conditions continues to present threats beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to combat; and WHEREAS under the provisions of section 8558(b) of the Government Code, I find that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions with which local authority is unable to cope; and WHEREAS under the provisions of section 8571 of the California Government Code, I find that strict compliance with various statutes and regulations specified in this order would prevent, hinder, or delay the mitigation of the effects of the drought. NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular Government Code sections 8567 and 8571 of the California Government Code, do hereby issue this Executive Order, effective immediately. Exhibit 3 25H-57 IT IS HEREBY ORDERED THAT: 1. The orders and provisions contained in my January 17, 2014 Proclamation, my April 25, 2014 Proclamation, and Executive Orders B-26-14 and B-28-14 remain in full force and effect except as modified herein, SAVE WATER 2. The State Water Resources Control Board (Water Board) shall impose restrictions to achieve a statewide 25% reduction in potable urban water usage through February 28, 2016. These restrictions will require water suppliers to California's cities and towns to reduce usage as compared to the amount used in 2013. These restrictions should consider the relative per capita water usage of each water suppliers' service area, and require that those areas with high per capita use achieve proportionally greater reductions than those with low use. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. 3. The Department of Water Resources (the Department) shall lead a statewide initiative, in partnership with local agencies, to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes. The Department shall provide funding to allow for lawn replacement programs in underserved communities, which will complement local programs already underway across the state.. 4, The California Energy Commission, jointly with the Department and the Water Board, shall implement a time-limited statewide appliance rebate program to provide monetary incentives for the replacement of inefficient household devices. 5. The Water Board shall impose restrictions to require that commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets mandated by Directive 2 of this Executive Order. 6, The Water Board shall prohibit irrigation with potable water of ornamental turf on public street medians. 7. The Water Board shall prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or microspray systems. 25H-58 8. The Water Board shall direct urban water suppliers to develop rate strictures and other pricing mechanisms, including but not limited to surcharges, fees, and penalties, to maximize water conservation consistent with statewide water restrictions. The Water Board is directed to adopt emergency regulations, as it deems necessary, pursuant to Water Code section 1058.5 to implement this directive. The Water Board is further directed to work with state agencies and water suppliers to identify mechanisms that would encourage and facilitate the adoption of rate structures and other pricing mechanisms that promote water conservation. The California Public Utilities Commission is requested to take similar action with respect to investor-owned utilities providing water services. INCREASE ENFORCEMENT AGAINST WATER WASTE 9. The Water Board shall require urban water suppliers to provide monthly information on water usage, conservation, and enforcement on a permanent basis. 10. The Water Board shall require frequent reporting of water diversion and use by water right holders, conduct inspections to determine whether illegal diversions or wasteful and unreasonable use of water are occurring, and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. Pursuant to Government Code sections 8570 and 8627, the Water Board is granted authority to inspect property or diversion facilities to ascertain compliance with water rights laws and regulations where there is cause to believe such laws and regulations have been violated. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive. 11. The Department shall update the State Model Water Efficient Landscape Ordinance through expedited regulation. This updated Ordinance shall increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, greywater usage, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf. It will also require reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. The Department shall provide information on local compliance to the Water Board, which shall consider adopting regulations or taking appropriate enforcement actions to promote compliance. The Department shall provide technical assistance and give priority in grant funding to public agencies for actions necessary to comply with local ordinances. 12. Agricultural water suppliers that supply water to more than 25,000 acres shall include in their required 2015 Agricultural Water Management Plans a detailed drought management plan that describes, the actions and measures the supplier will take to manage water demand during drought. The Department shall require those plans to include quantification of water supplies and demands for 2013, 2014, and 2015 to the extent data is available. The Department will provide technical assistance to water suppliers in preparing the plans. 25H-59 13. Agricultural water suppliers that supply water to 10,000 to 25,000 acres of irrigated lands shall develop Agricultural Water Management Plans and submit the plans to the Department by July 1, 2016. These plans shall include a detailed drought management plan and quantification of water supplies and demands in 2013, 2014, and 2015, to the extent that data is available. The Department shall give priority in grant funding to agricultural water suppliers that supply water to 10,000 to 25;000 acres of land for development and implementation of Agricultural Water Management Plans. 14. The Department shall report to Water Board on the status of the Agricultural Water Management Plan submittals within one month of receipt of those reports. 15. Local water agencies in high and medium priority groundwater basins shall immediately implement all requirements of the California Statewide Groundwater Elevation Monitoring Program pursuant to Water Code section 10933. The Department shall refer noncompliant local water agencies within high and medium priority groundwater basins to the Water Board by December 31, 2015, which shall consider adopting regulations or taking appropriate enforcement to promote compliance. 16. The California Energy Commission shall adopt emergency regulations establishing standards that improve the efficiency of water appliances, Including toilets, urinals, and faucets available for sale and installation in new and existing buildings. INVEST IN NEW TECHNOLOGIES 17. The California Energy Commission, jointly with the Department and the Water Board, shall implement a Water Energy Technology (WET) program to deploy innovative water management technologies for businesses, residents, industries, and agriculture. This program will achieve water and energy savings and greenhouse gas reductions by accelerating use of cutting-edge technologies such as renewable energy -powered desalination, integrated on- site reuse systems, water -use monitoring software, irrigation system timing and precision technology, and on-farm precision technology. STREAMLINE GOVERNMENT RESPONSE 18. The Office of Emergency Services and the Department of Housing and Community Development shall work jointly with counties to provide temporary assistance for persons moving from housing units due to a lack of potable water who are served by a private well or water utility with less than 15 connections, and where all reasonable attempts to find a potable water source have been exhausted. 19. State permitting agencies shall prioritize review and approval of water infrastructure projects and programs that increase local water supplies, including water recycling facilities, reservoir improvement projects, surface water treatment plants, desalination plants, stormwater capture, and greywater systems. Agencies shall report to the Governor's Office on applications that have been pending for longer than 90 days. _TZr. , 25H-60 M The Department shall take actions required to plan and, if necessary, implement Emergency Drought Salinity Barriers in coordination and consultation with the Water Board and the Department of Fish and Wildlife at locations within the Sacramento - San Joaquin delta estuary. These barriers will be designed to conserve water for use later in the year to meet state and federal Endangered Species Act requirements, preserve to the extent possible water quality in the Delta, and retain water supply for essential human health and safety uses in 2015 and in the future. 21. The Water Board and the Department of Fish and Wildlife shall immediately consider any necessary regulatory approvals for the purpose of installation of the Emergency Drought Salinity Barriers. 22, The Department shall immediately consider voluntary crop idling water transfer and water exchange proposals of one year or less in duration that are initiated by local public agencies and approved in 2015 by the Department subject to the criteria set forth in Water Code section 1810. 23, The Water Board will prioritize new and amended safe drinking water permits that enhance water supply and reliability for community water systems facing water shortages or that expand service connections to include existing residences facing water shortages, As the Department of Public Health's drinking water program was transferred to the Water Board, any reference to the Department of Public Health in any prior Proclamation or Executive Order listed in Paragraph 1 is deemed to refer to the Water Board. 24, The California Department of Forestry and Fire Protection shall launch a public information campaign to educate the public on actions they can take to help to prevent wildfires including the proper treatment of dead and dying trees. Pursuant to Government Code section 8645; $1.2 million from the State Responsibility Area Fire Prevention Fund (Fund 3063) shall be allocated to the California Department of Forestry and Fire Protection to carry out this directive. 25. The Energy Commission shall expedite the processing of all applications or petitions for amendments to power plant certifications issued by the Energy Commission for the purpose of securing alternate water supply necessary for continued power plant operation. Title 20, section 1769 of the California Code of Regulations is hereby waived for any such petition, and the Energy Commission is authorized to create and implement an alternative process to consider such petitions, This process may delegate amendment approval authority, as appropriate, to the Energy Commission Executive Director. The Energy Commission shall give timely notice to all relevant local, regional, and state agencies of any petition subject to this directive, and shall post on its website any such petition. 25H-61 26. For purposes of carrying out directives 2-9, 11, 16-17, 20-23, and 25, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division are hereby suspended. This suspension applies to any actions taken by state agencies, and for actions taken by local agencies where the state agency with primary responsibility for implementing the directive concurs that local action is required, as well as for any necessary permits or approvals required to complete these actions. This suspension, and those specified in paragraph 9 of the January 17, 2014 Proclamation, paragraph 19 of the April 25, 2014 proclamation, and paragraph 4 of Executive Order B-26-14, shall remain in effect until May 31, 2016. Drought relief actions taken pursuant to these paragraphs that are started prior to May 31, 2016, but not completed, shall not be subject to Division 13 (commencing with section 21000) of the Public Resources Code for the time required to complete them. 27. For purposes of carrying out directives 20 and 21, section 13247 and Chapter 3 of Part 3 (commencing with section 85225) of the Water Code are suspended. 28. For actions called for in this proclamation in directive 20, the Department shall exercise any authority vested in the Central Valley Flood Protection Board, as codified in Water Code section 8521, et seq., that is necessary to enable these urgent actions to be taken more quickly than otherwise possible. The Director of the Department of Water Resources is specifically authorized, on behalf of the State of California, to request that the Secretary of the Army, on the recommendation of the Chief of Engineers of the Army Corps of Engineers, grant any permission required pursuant to section 14 of the Rivers and Harbors Act of 1899 and codified In section 48 of title 33 of the United States Code. 29. The Department is directed to enter into agreements with landowners for the purposes of planning and installation of the Emergency Drought Barriers in 2015 to the extent necessary to accommodate access to barrier locations, land -side and water -side construction, and materials staging in proximity to barrier locations. Where the Department is unable to reach an agreement with landowners, the Department may exercise the full authority of Government Code section 8572. 30. For purposes of this Executive Order, chapter 3.5 (commencing with section 11340) of part 1 of division 3 of the Government Code and chapter 5 (commencing with section 25400) of division 15 of the Public Resources Code are suspended for the development and adoption of regulations or guidelines needed to carry out the provisions in this Order. Any entity issuing regulations or guidelines pursuant to this directive shall conduct a public meeting on the regulations and guidelines prior to adopting them. 11e 25H-62 31. In order to ensure that equipment and services necessary for drought response can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to state contracts, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended for directives 17, 20, and 24. Approval by the Department of Finance is required prior to the execution of any contract entered into pursuant to these directives. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. I FURTHER DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 1" day of April 2015., EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State 25H-63 25H-64 CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: AMENDMENT TO AGREEMENT FOR MERCHANT PAYMENT SERVICES WITH TRANSFIRST, LLC (STRATEGIC PLAN NO. 7, 5F) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: d"C• R, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute an amendment to the existing Agreement (Agreement #A-2014-071) with TransFirst LLC, for merchant payment services covering October 1, 2013 through June 30, 2016, with the option to extend one additional year (July 1, 2016 through June 30, 2017) upon a written request executed by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney in an amount not to exceed $95,000 annually for merchant payment services. 2. Approve payment for merchant payment services, not to exceed $24,000 for expenditures through the close of fiscal year 2014-15. DISCUSSION The Finance and Management Services Agency Treasury and Customer Service Division ("Treasury") is responsible for maintaining all banking related services for the City. Beginning 1997, the Treasury embarked on a program to allow for payment of services through the use of credit cards. A component in allowing the use of credit cards by patrons banking is the establishment of payment processing. Currently customers are able to use a credit card to pay City of Santa Ana fees or charges. Acceptance of a credit card as a form of payment involves utilizing a merchant service company. TransFirst presents MasterCard and Visa transactions on behalf of the City for all credit card payments made at City facilities including but not limited to City Hall Cashiering Counters and Kiosk, Police Department, and various Parks Recreation and Community Services buildings. On March 12, 2012, City Council authorized the moratorium of the credit card processing fee in order to promote electronic payments and attract more on-line payments by customers. In March 2013 Treasury negotiated the reduction of the TransFirst discount fee from 1.5% to 0% resulting in a savings of over $55,000 which assisted in offsetting existing City expenditures. TransFirst has agreed to maintain the reduced rate for the term of this agreement. Given the vendor's past 251-1 Agreement For Merchant Payment Services with TransFirst, LLC June 16, 2015 Page 2 performance and cost savings associated with the removal of the discount fee, staff recommends retaining TransFirst for merchant services and adjusting agreement compensation to reflect increased utilization of electronic and on-line payments by customers. On March 18, 2014, City Council approved a total two year $140,000 agreement with TransFirst for the period of October 1, 2013 through September 30, 2015. The agreement includes a $70,000 per year cap. However, due to the growth in credit card payments, staff anticipates the annual cap to be exceeded by $24,000 during the current fiscal year 2014-15. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal No. 7 Team Santa Ana, Objective No. 5F (Explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT 1. Funds in the amount of $95,000 in account no. (various -62300) will be budgeted and available, upon Council approval of the fiscal year 2015-16 budget, and for fiscal year 2016-17 upon exercise of the one year extension option to the contract on allocated basis in various departmental accounts. 2. Funds in the amount of $24,000 are budgeted and are available in account no. (various - 62300) allocated among various departmental accounts for fiscal year 2014-15. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency /,® Exhibit 1 Agreement WH 251-2 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, is entered into on this 17th day of June 2015, by and between TransFirst, LLC, (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into a payment processing services agreement (Agreement #A- 2014-071) dated April 18, 2014 (hereinafter "said Agreement') by which Consultant has provided payment processing services to the City. B. The Term of said Agreement was two (2) years effective as of October 1, 2013 and ending September 30, 2015, with the acknowledgment that City had received prior payment processing services from Consultant prior to the effective date of said Agreement and intended said Agreement to cover payment for prior unpaid services beginning October 1, 2013. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Tenn to provide for an additional period ending June 30, 2016 with an option, exercisable by the City, to renew said Agreement for an additional one (1) year period covering July 1, 2016 through June 30, 2017. D. The parties also wish to amend Compensation for the original Term and provide for additional sums to be expended for the additional nine (9) month period of October 1, 2015 to June 30, 2016, and in the event that the City exercises the option to renew the contract for a subsequent additional one (1) year period. 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: Section 2 of said Agreement, "COMPENSATION" shall be amended as follows: 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 for the period from October 1, 2013 through June 30, 2015 shall not exceed $190,000.00. The total sum to be expended under the third year of this Agreement from July 1, 2015 through June 30, 2016 shall not exceed $95,000.00. The total sum to be expended under the additional option period shall not exceed $95,000.00. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: This Amendment to Agreement shall commence on June 17, 2015 and terminate on June 30, 2016, unless City exercises its option to extend the Agreement for an additional one (l) year period ending June 30, 2017, or unless terminated earlier in accordance with Section 12 of this Agreement. 251-3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: FRANCISCO GUTIERREZ Executive Director of Finance and Management Services CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT InfoSend, Inc. RUSSREZAI Chief Operating Officer Tax ID # 363-0748516 251-4 TRA$NsFI RST - Rats Rovlow Agreement MotniYgnl Numbnrd: -�' 1�1 657418898008226504i09g800818"OJ�4}A15g9 0 1 20 Merchant NametCI ,p�_N_Tg q q Conflict Netnet—"""`""`�`�"` gN F MANCMA Phone #. 714.047-5442 FOK #: .,.......,_.w.... Date atRagnastt ., �2t2H/2013, ,� pats Proposed:( ��2/28li013 performed Dy: _, Pater Ituon,^,� a,,,,. pate Anosplad:[---Zzzzj arrant Rarea e e INS ani Rates,, P ritem Fog;T;154r1 lylMLIgkM n F.m1 SigO,. Beach Cova e. Month) Slotoment Fan: 5.00 Annual Fee: D. V�MVC.Dtha PARA Fee .25 VolceAuth .45 Retriever Request -' $4.60 C ba, oh Foo i5:a0 Morithh,$oArlixtrair ".':. ... T5,00 Phi DOW Trans Poo D2l; Amex Aulh roe '-"0.25'"' ' Pro Olid Rol lm d and phrahmurit Rate: Per Item ii : $100000 8mach Cover Monthly Statem F t —Go— 0.60 Annual Faa .DO V• (Mf Whft— Voloo Auth 40,45 abt 1 Rm oa ,5D i5:a0 -. nlh BeMea F TUU Iri DetYl T Poo - 26 proposed rate$ are valid for 80 days. limes we Whiner to ¢hmlge eaegd an Ma4YMAetarQral[Nsamw Irawdowga Marease(s). In wolorCregon at Trampeatb agmament to lower MNOIIA A'a 01011 as dWsm@ad ahova, Merchant Agnes litah (A) ata folial Tormof MOmhart'e Marahant PracasalYg Agmomontwill ceminha until tint First (tet)annhalev y of the data Mamaunt axacules INS farm amtwIY autamalwly mmw to suncesswe ono (1) year Pat(cde (each 8'1401HAwal TOW), un" A panY to the Merchant Prcmeaing Agmaniont provides the Who; panics wah notion of itsIAmnt not to rallowthn AgrimAcwt at least Thirty (30) days pnarto the nAPINIt nmf mo mon eunantlornu end (8) torrNnaeon al the Merchant Pmenshl0 Agreement prior to expiration at the Initial TOM ar any RahoowolTevm such ieivit In has assessment of an owwr tmrmmatton too agaalat Merchant in an amnust equal 10 the omalar of p) the avnraga arm" Processing taxa aharond I0 Merchant for the p(miom 12 morlaaY (0r allnh ahadar ttmo it the merchant Int& timdaaaed for 639 elan 12 mOntha) maiitried by the numtrnrof malthi mmeimng uadar the Marchant Parimssit Armenwnt, of NI $W.. Marchant adurovdedgesand agrees that 010 de Wes etrrra lira nYd a parrah 1. bat What a maum" cotngtlaaon of the financial nam, caused by Via any termination of the Marchant PmceaalagAgmement by the Warrant Any nYodilieetta,a Or atma lam, lw %Wton or aervislaa, to tNadocameat deems vunw,ea$ rom n,,.m �„n s.n...iw ,Exhibit/ 251-5 251-6 A01111111 i CITY COUNCIL MEETING DATE JUNE 16, 2015 TITLE: AGREEMENT WITH GILLIS, PANICHAPAN ARCHITECTS, INC. FOR ARCHITECTURAL CONSULTING SERVICES FOR THE SANTA ANA REGIONAL TRANSPORTATION CENTER ADA IMPROVEMENTS (PROJECT 15-7538) (STRAT910..PLAN NO. 6„ 1y G) 'ar1ir W-A-g-N-J,r - r • CLERK OF COUNCIL USE ONLYc APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®' Reading ❑ Ordinance on 2n° Reading CI Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Gillis, Panichapen Architects, Ino„ subject to nonsubstantive changes approved by the City Manager and City Attorney, to provide architectural consulting services for a one-year period expiring June 16, 2016, with provision for a one-year extension exercisable by the City Manager, in a total amount not to exceed $29,590. DISCUSSION Approval of this recommended action will enable the preparation of plans, specifications, and a cost estimate (Contract Documents) for Americans with Disabilities Act (ADA) Improvements at the Santa Ana Regional Transportation Center (SARTC). Once the contract documents are completed, bids may be obtained and the City Council may procure a contractor to construct the improvements as identified in the Fiscal Year 2015-16 Capital Improvement Program, On April 20, 2015, the Public Works Agency released a Request for Proposals (RFP) on the City's website and advertised in major architectural trade publications CIN A/E Consultant Information Network and the Orange County American Institute of Architects, On May 18, 2015, three proposals were reoeived by the submission deadline. They were evaluated and ranked by a review committee comprised of personnel from various City agencies, including the City's ADA Coordinator, Ranking criteria included firm and personnel experience, understanding of need, relevant project experience, schedule, and references. The table below Is a summary of the ratings for the three firms submitting proposals: NAME OF FIRM RATING Gillis +Panlchepan Architects, Inc. -8T0 Pinnacle Design Group, Inc, 96,3 Kluger Architects, Inc. 90.3 25J-1 Agreement with Gillis, Panachapan Architects, Inc. for Architectural Consulting Services June 16, 2015 Page 2 Following evaluation and ranking, the fee schedules were opened and reviewed. The proposal by Gillis, Panichapan, Inc. contains an adequate man-hour effort to complete the required services. The firm's rates are reasonable and within industry standards. Together with the total fee schedule in the amount of $26,900, the proposal was found to provide the best value and is appropriate for the project. Because of their ranking, project experience, and competitive fee, staff recommends that Gillis, Panachapan Architects, Inc. be retained to provide architectural consulting services. The project scope and award amount have been adjusted to include a 10 percent contingency for a total contract of $29,590. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Objective #1 (establish and maintain a Community Investment (develop and implement the City's Capital Improvement Program Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Community Facilities & Infrastructure, Plan for all City assets), Strategy G in coordination with the Community Funding is available in the Community Development Block Grant Fund (Account 13518783-66220): $29,590 in the FY15/16. JV. t n______._ ---- Fr d Mobsavipour Executive Director Public Works Agency 6/`2 r Kelly Ree ers—C7 Executive Director Community Development Agency FM:SF Exhibit: 1. Agreement TO FUNDS AND ACCOUNTS: rianuisuu kxkujierrez tt , Executive Director Finance & Management Services Agency 25J-2 AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCI{ GRANT REQUIREMENTS FOR ARCHITECTURAL CONSULTING SERVICES (Gillis & Panichapan Architects, Incorporated) THIS AGREEMENT made and entered into this 176h day of June, 2015 by and between Gillis & Panichapan Architects, a California corporation (hereinafter "Consultatrt"), 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 a Request for Proposals ("RFP") on April 3, 2015, for a competitive bidding process to hire a consultant to perform architectural design services including the preparation of plans, specifications and a cost estimate for the Santa Ana Regional Transportation Center Improvements ("Project"). B. Consultant was chosen through this competitive process after submitting its Proposal and being evaluated as the most experienced candidate for the job, through a fair competitive selection process consistent with Government Code section 4529.12 and consistent with the federal rules of procurement. C. 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 Consultant 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 Reg's"), to pay for the architectural design services relating to the Project. D. In undertaking the performance of this Agreement, Consultant represents that it is Imowledgeable in its field and that any services performed by Consultant corder 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 architectural design services for the Santa Ana Regional Transportation Center Improvements Project, as set forth in Attachment A, Scope of Work, from the City's Request for Proposals issued April 3, 2015, attached hereto as Exhibit A and the Consultant's Scope of Services and Schedule, attached hereto as Exhibit B. All Exhibits to this Agreement are incorporated by reference. Exhibit 1 25J-3 2. CONSULTANT'S OBLIGATIONS (CDBG) A. No Conflict. To the best of Consultant's knowledge, Consultant'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 Consultant is a party or by which it is bound. B. No Bankruptcy. Consultant is not the subject of any current or threatened bankruptcy proceeding. C. No Pending Legal Proceedings/Debarment. Consultant is not the subject of a current or threatened litigation that would or may materially affect Consultant's performance under this Agreement. Consultant further acknowledges that it is not on the list of debarred Consultants. D. No Pending Investigation. Consultant is not aware that itis 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. E. Licensing. Consultant agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. Consultant shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing Consultant's operations hereunder. F. Audit Report Requirements. Consultant agrees that if Consultant expends Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, Consultant 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. Consultant shall provide City with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed, if applicable. G. Record Keepurg/Reporting, Consultant shall keep and maintain complete and adequate records and reports to assist City in meeting and maintaining its record keeping responsibilities under Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq. H. Access to Records. City and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining Consultant's activities and performance, to books, documents and papers, and the right to examine records of Consultant'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 are conducted, or in which any of the records of 25J1- 4 Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of the Project in conformity with the CDBG Rag's. Records which 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 Consultant does not make the above - referenced documents available within the city of Santa Ana, California, Consultant 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. J. Lobbying. Consultant 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. Consultant shall submit a 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 Consultant under the terms and conditions of this Agreement. If any funds other than Federal appropriated finds 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. K. Financial Interest. Consultant agrees that except for the use of funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to 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 City -assisted activity of Consultant, 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 Consultant. 25J-5 L. Drug Free Workplace. Consultant certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of Consultant will be required to: a. Abide by the terms above in statement 1. b. Notify appropriate officials of Consultant and City officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be. notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. M. Nondiscrimination. Consultant agrees that no person on the ground of race, age, color, disability, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds received pursuant to this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. N. Conflict of Interest. The Parties shall ensure compliance with all applicable conflict of interest laws including, without limitation, the Fair Political Practices Act and Government Code section 1090, et seq. Any conflict or potential conflict of interest of any officer of Consultant 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 Consultant to City regarding any changes or modifications to its board of directors and list of officers. O, Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position fimded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-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. 25J-6 3. DELIVERY OF WORD PRODUCT Consultant shall deliver to City all work products which result from the services provided. Said work product shall be submitted in a form compatible with the City's computer system, as agreed between the City's designated Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as payment for its services, the rates and charges identified in Consultant's Fee Proposal dated June 2, 2015, attached, hereto and incorporated herein as Exhibit C. The total sum to be expended hereunder shall not exceed twenty-six thousand nine hundred dollars ($26,900) during the Term of this Agreement. b. There shall be a contingency of ten percent (10%) over the base price for unanticipated expenditures for a total not to exceed amount of twenty-nine thousand five huldred ninety dollars ($29,590). Consultant shall provide clear documentation evidencing the need for any contingency costs, subject to prior approval by the Executive Director of Public Works. c. 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. 5. TERM This Agreement shall commence on June 17, 2015, and terminate on June 16, 2017, unless terminated earlier in accordance with Section 14, below. The Term of this Agreement may be extended, on the same terms and conditions set forth herein, by a writing executed by the City Manager and the City Attorney. 6. 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-employce 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 maturer consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and 253-7 wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any em'ployer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 25J-8 (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 by the Consultant without thirty (3 0) 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 famish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect 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. 8. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harnless 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 wising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent 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 to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is caused by the negligence of the Consultant. 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. In no case will Consultant be required to indemnify or hold harmless the City from injury, damages, just compensation, restitution, judicial or equitable relief caused by the negligence of the City. 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 riot apply to any information that (a) has been disclosed in publicly available sources; (b) is, 25J-9 through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by 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 Copies to: City of Santa Ana Public Works Agency 20 Civic Center Plaza (M-36) F.O. Box 1988 Santa Ana, CA 92702-1988 Facsimile: 714-647-5635 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: Gillis & Panichapan Architects, Incorporated Attn: Jack Panichapan, President 2900 Bristol Street g-205 Costa Mesa, CA 92626 i ack0' marchitects.ora (714) 668-4260 office (714) 668-4265 fax A party may change its address by giving notice in writing to the other party. Thereafter, 25Jg 10 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-foLLr (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the 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 Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 14. TERMINATION A, This Agreement maybe suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Connnunity Development Block Grant Funds. In the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. B. Pursuant to 24 CFR 85.43, in the event Consultant 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 Consultant, which default and termination shall be effective on a date stated in the notice whicb 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 Linder 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 25Ja 11 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. C. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. D. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. [Intentionally heft Blank] 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 farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns 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. 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 CITY OF SANTA ANA David Cavazos City Manager 25JL 12 APPROVED AS TO FORM: SONIA R. CARV. City Attgrpey,�-- CONSULTANT: Gillis & Panichapan Architects, Inc. City Jack Panichapan, AIA, LEED AP RECOMMENDED FOR APPROVAL: President, CEO Fred Mousavipour Executive Director Public Works Agency 25JL13 EXHIBIT A ATTACHMENT "I" TO CITY RFI' 25J-14 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ARCIIITECTURAL SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER ADAIMPROVEMENTS RFP NO.: 15-028 Introduction and Description of Work The Santa Ana Regional Transportation Center (SARTC), 1,000 East Santa Ana Boulevard, was built in 1985. It is a Spanish colonial structure serving Amtrak, Metrolink, is a hub for the Orange County Transportation Authority bus system and is also a terminal for several Mexican bus tour companies, The Centel` also leases office space to the State of California Economic Development Department, County of Orange Social Service Agency and the Santa Ana Work Center. The main building is a three story structure with lobby area, ticketing, gift shop, cafe, restrooms, and office spaces. The 5 -story entry tower houses assembly areas on the fourth and fifth levels. On the exterior it is flanked by north -south bound train platforms, pedestrian bridge, outdoor courtyard area, passenger loadiag/unloading, surface parking lots for vehicle, bus and taxi, and a three-story parking structure. The facility and its surrounding site needs to be upgraded to be fully compliant with current Federal and State Regulations as they pertain to the American's with Disabilities Act (ADA). This includes the Federal "2010 ADA Standards for Accessible Design" as written by the U.S. Department of Justice, and the 2013 California Building Code (Title 24, Part 2, of the California Code of Regulations). An ADA compliance survey was completed by the City in May 2012. The City is seeking an Architectural firm to take the findings from this survey and prepare Contract Documents to address the deficiencies so the project can be competitively bid for construction. The project construction budget is $139,000. The Scope of Work area includes, but is not limited to, the complete interior of the facility, surrounding courtyards, colonnade-, and drop-off areas, train loading platforms, pedestrian bridge, sidewalks, surface parking lots, parking structure, and public right-of-way. Consultant Responsibilities: The Consultant's responsibilities shall consist of the following proj ect tasks: Task 1: Pre -Design Preliminary design phase shall include Kick. -off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues, schedule, and to receive and discuss 2012 SARTC Accessibility Study prepared by City of Santa Ana. Consultant shall thoroughly review 2012 SARTC Accessibility Study and conduct additional site investigations as required to determine current conditions and completeness of report. FP 15-028 5 Task 2: Design Development (50% plans) Design development phase will involve development of plans based upon Task I information and analysis. ➢ Deliverables from flus task shall include a 50% set of plans, draft outline specification and "Opinion of Probable Cost'. Task 3: Construction Documents (90% and 100%plans) Construction Documents phase (CDs) shall include finalizing plans and specifications from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables from this task shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost". Plans: Plans shall include, but are not limited to the following: • Title Sheet • Site Plan, including: o Surface parking lots o Right of Way improvements o Accessible Route of Travel o Striping, signage and detailing, as required • Parking Structure o Plans o Striping, signage and detailing, as required • Architectural o Building Floor Plan o Enlarged Restroom Plans o Interior Elevations, as required o Building Sections, as required o Architectural Details, as required Plans shall be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. It is imperative that the consultant exercise care and completeness when implementing plan check comments, to keep project moving more as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. Final Opinion of Probable Cost Consultant shall provide updated opinion of probable constriction cost which shall reflect finalized plans, City of Santa Ana RFP 15-028 253-1 Project Files: Consultant shall provide review sets in .pdf fonnat. Final plans shall be provided in AutoCAD or Microstation format Project Schedule: City is committed to completing all construction by December 2015. Consultant shall be prepared to complete all tasks within a 4 -week period. Kick -Off meeting will be held immediately following contract agreement execution. City will provide a 2 -day turnaround when plan checking. City Responsibilities The City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Providing standard City boilerplate specification. • Acting as a liaison with the appropriate decision making bodies, as necessary. • Furnish electronic design file with City title block and title sheet (24" x 36") • Process plans for governmental agency approvals having jurisdiction over the project. Fee Proposal: In addition to Section FV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: "Task 1: Pre -Design Task2: Design Development Task3: Construction Documents Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. S12ecial Requirements Compliance with Requirements of Funding Agency: This agreement will be funded through the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use of these fluids. Refer to Attachment 4, included in the Appendix of this RFP. EXHIBIT B CONSULTANT'S SCOPE OF SERVICES AND SCHEDULE 25J-18 SCOPE OF SERVICES & SCHEDULE Statement of Proposals -Santa Ana Regional Transportation Center ADA Improvements The Project Tasks: Task 9: Pre -Design: 1 week Kick off meeting The preliminary design phase shall Include an Initial Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues, schedule, and to receive and discuss 2012 SARTC Accessibility Study prepared by City of Santa Ana, 2012 SARTC Accem.11bility Study Review and Assessment GPa will thoroughly review 2012 SARTC Accessibility Study and compare it to the requirements of the currently Implemented 2013 CBC Code. There could be potentially additional updates to the report based on the Implementation of the 2013 CBC since the completion of the report in 2012, Site Survey for verification of report GPa will assess the bullding and site to conduct additional site Investigations as required to determine current conditions and completeness of report. Provide Itemized schematic costs for Items listed in the 2012 SARTC Accessibility Study After determining the needs outlined by the report along with our site and code update assessment we will offer a cost analysis to determine how much It would be to complete a full accessible update of the facility. &l. §jag9 gpd Q dtJ0g.9p LS2Ls34_dRg(A�e, �paccording to costs analysis After itemizing the costs of the Improvements outlined in the 2012 report as well as any additional Improvements from the site survey and 2013 CBC, we will determine with the city the most critical items to update based on the City's designated construction budget. GPa wlll document the needed ADA improvements and prepare a statement of probable costs for those improvements. Should the proposed improvements exceed the Cltys designated $139,000 deemed for construction, We will work with the city to determine the most critically needed improvements to move forward into design development. A workshop to review the critical updates needed and their potential costs will be organized with the City, Construction costs will also be examined In terms of their Impact for Improvement of the facility In the long term. With the age and condition of the building, we anticipate that the construction costs for the needed ADA Improvements could likely exceed the designated budget. Page 20 of 25 �. _ Gillis a Panichapan Arcnlloct& Inc 25J-19 _ SCOPE OF SERVICES & SCHEDULE Statement of Proposals- Santa Ana Reglonat Transportation Centef ADA Improvements Task 2: Design Development (50% plans): 1 week The Design development phase will Involve development of plans based upon the information and analysis gathered from Task 1 along with input we have gathered from the City. This stage Initiates the development of design details for the final selected ADA accessible improvements, This will be accompanied by a statement of probable cost for the selected improvements, (This would be updated from the conceptual statement of probable cost from the initial design stage based on the final selected Improvements chosen,) The Dellverables from this task will include a 50% set of plans, draft outline specification and "Opinion of Probable Cost'. Task 3: Construction Documents (90% and 100% plans) and Entitlement: 2 weeks GPa will develop the design information from Task 2 regarding the renovation including material selections, demolition and reconstruction plans for the proposed accessible improvements. Provide 90% plan review and submittal for entitlement GPa will provided on updated Statement of Probable Costs based on refinements to the plans. Construction Documents phase (CDs) will Include finalizing plans and specifications from the Design Development phase. This Includes the provision of detailed drawings that will serve as the basis for both bidding and construction by a general contractor. Deliverables from this task shall include 90% and 100% plans, final technical specifications, and a finalized "Opinion of Probable Cost Flans: Depending on the determined priorities of Issues within the Transportation Center based on our review sessions with the City, plans may include but are not limited to some, of the following: • Title Sheet • Code Assessment sheet • Site Plan, including: o Surface parking lots o Right of Way improvements o Accessible Route of Travel o Striping, signage and detailing, as required • Parking Structure o Plans o Striping, signage and detailing, as required + Architectural o Building Floor Plan o Enlarged Restroom Plans o Interior Elevations, as required o Building Sections, as required o Architectural Details, as required Gillis -* Panichopm Architects, Inc. 25J-20 Page 21 of 25 SCOPE OF SERVICES & SCHEDULE Statement of proposals - Santa Ana Reglonal Transportatlon Center ADA Improvements Entitlement GPa will Provide documentation for City Building Department to review plans for approval. Plans will be submitted at 90% completion for City staff review, and revised per City comments to produce a 100% complete construction drawing package. Care and completeness will be exercised when Implementing plan check comments, to keep project moving as expeditiously as possible. The City will then conduct one more cursory review prior to obtaining all final approvals and signatures. Initial General Observations from GPa; In observing and walking the SARTC facility for this proposal, we found that there have been some accessibility improvements over the years to the public restrooms and the plumbing fixtures in the public areas of the transportation areas since the facility had been built. Some of these Items have experienced some heavy wear and tear, along with vandalism issues. For example In the men's restroom some of the urinals although modified for accessibility are not In working condition, In additlon, the drinking fountains are measured to be dimensionally conforming to current codes but are not currently in working condition. We would like to see how Improving existing code compatible fixtures would play a role in the accessibility improvements and the associated budget. We would like to discuss how these possible Improvements with the City as a pad, of this proposal. Pago 22 of 25 _ Gillis i. Panichapon ArcntteW ts, Inc. 25J-21 SCOPE O: SERVICES &SCHEDULE StaPement of Proposals - Santa Ana Regional Transportation Center ADA Improvements Schedule: Week t Week 2 Week 3 Week 4 Pte- Destgn Kick -OH Meeting Client Review Workshop and Statement of Probable Costs Glills + Pon chapan Architects. Inc. 25J-22 90% CDS Ennlitlement Building Department Review 100% CDs Public Bid Page 23 of 25 Statement of Proposals - Santa Ana Regional Transportation Center ADA Improvements This Page is Intentionally left Blank Page 24 of 25 ,vn�m.apura^iter: s.arq Glllls + Panichapan ArchiPects, Inc„ T 25J-23 CERTIFICATION Statement of Proposals - Santa Ana Regional Transportatlon Center ADA Improvements The following forms attached within this section: Attachment 3-1: Non -Collusion Affidavit o (see notary public seal on the attached document) Attachment 3-2: Non -Lobbying Certification Please refer to the fee proposal In the sealed envelope. GIDIS + Panlchapan Aicnit8cts, Inc, 25J-24 EXHIBIT C CONSULTANT'S FEE PROPOSAL DATED JUNE 2, 2015 25J-25 June 2, 2015 Suzi Furlanic, AIA, LEED Green Associate Assoc. PL Planner City of Santa Ana Public Works Agency M-36 Design Engineering 20 Civic Center Plaza Santa Ana, CA 92702 Re: Fee Proposal for Santa Ana Regional Transportation Center ADA Improvement RFP no.: 15028 Dear Suzi, We are pleased to submit our revised fee statement for the Santa Ana Regional Transportation Center ADA Improvement to the City of Santa Ana. Within this package you will find our fee schedule, including our hourly rates and reimbursable expenses. A. COMPENSATION We propose to furnish these services not to exceed the following lump sum fee: $26,900 (Twenty six thousand and nine hundred dollars) Please see attached Fee Exhibits for cost summary and fee breakdown. Additlonal services outside the Scope of Work agreed upon shall not be performed without the authorization of the City. We look forward to working with you on this project. Respectfully, Jack Panichapan, AIA, LEED AP President, CEO Gillis + Panichapan Archltects, Inc lack@gparchltecls.org 2900 brlstol street 6-2051 costa mesa, collfornla 92626 I P. 714.668,4260 F. 714.668.4265 ( www.gparchttects.org 25J-26 FEE EXHIBIT RFP NO. IS -028 SANTA ANA REGIONAL TRANSPORTATION CENTER ADA IMPROVEMENTS -REVISED from 5/18/2015 6/2/2015 A e� hours by 4sk sbb-totels per had Bgm fi —jAo a sp5asins SUP'BFag iFfl SMtalbd4rs Kick off deal AND 2012 SARTC kgessibllity Report Review and Assessment 1 5 8 2 2 18 $2,190 Site Survey brvedgedtlAn Of report 7 6 6 $220 Provide Ilam@ed schematic costs her Items listed M the 2013 SARTC. Anceralcilly, Study 1 4 8 4 2 19 $2,225 Workshop and Outline orders to upgrade ADA according t0 costs analysts ! 2 2 4 $530 Design Development -50% Construction Document Set 1 '.; 4 16 8 24 53 $5,195 Draft Outline Spetldcabons 1 7 4 8 8 8 i 29 $3,035 Updated So PC 1 j 4 6 2 2 15 $1,805 ` — ,<TA 3T0sAE77 Provide design information regardlog the renovation including material selections, demolition and reconehuction plans for the proposed accessible Improvements to 100% CDs for plan revinv and bioding. 1 0 24 18 24 75 $7,635 Development and preparation of additional architectural Spetl0silona deacl'lbing materlals, systems and equipment wdddna05Np, quality and performance octads required for the acressible improvements. 1 = h 4 2 2 i3 $1,365 Updated SOK 2 6 2 10 $1,190 Entitlement: GPA wil linal de dommal-Al lonh for City Building Department to review and pride plons. 1 1 2 4 $56D e ,< „c si_.. �.,'"z, 0"9,50 •,"± Hours: t,,$ r 38 §d 'Mz SJ 246a �ty1 h01is Y?ba3u sub Eo[al Hourly rotes 1id, K sue _ [Sub -Total $26,650 Raimbureibles*!_.._.___ 6:'. _ _._ ..$250 r a '11 '+This reimbursable allowance covers Items *and general damage fees on standard ledger or tablold size paper. Travel expenses, government fees, dellvedy costs (road as United Parcel Service charges), and the costs of rpedal si[a prints, reproductions are not Included in our fee. Time home am "relm0ursable" Items and wlll be shaven separately on aur invoice with a W%, coorclloation fee. SANTA ANA REGIONAL TRANSPORTATION CENTER 25J-27 'OST ,PROF SSI. Request for Proposal: Santa Ana Regional Transportation Center ADA Improvement RFP no,: 15-028 We propose to furnish the services based on the hourly billing rates listed below for the Santa Ana Regional Transportation Center ADA Improvement. Often we propose an "hourly not to exceed" contract at the beginning of our process. Below is a schedule of hourly billing rates. On a case by case basis, we tailor our scope and subsequent fee proposals to accommodate the scope of work realizing that there is latitude in both parameters to be discussed during the contract negotiation, These rates we propose would be charted per task required for each project, The following rates will be valid for the contract duration, Wo SC t ULE CSP HOUR' Y f3?1L1;d% RATEa Principal................................................................175 Project Director.................................................145 Project Architect ..............................................120 Job Captain.......................................................90 CAD Tech............................................................. 75 Clerical.................................................................. 60 REINIBWRSIIS� FS In our contract we often have a reimbursable allowance. This reimbursable allowance covers general printing fees. Government fees, delivery costs (such as United Parcel Service charges), and the costs of special sized prints/ reproductions are not Included In our fee. These Items are "reimbursable" Items and will be shown separately on our Invoice with a 10% administrative fee. List of reimbursable charges and rates, Printing Reimbursable price range between 0,10 — 4.25 per st depending on printing type and paper Package and Shipment UPS services fee depend on package weight and distance Outside consultant services coordination 15% of the sub -consultant cost 2400 Bristol street G-2051 costa mesa, carfomia 92626 1 R 714.668.4260 F. 714.668.4265 1 w .gporchltects,org 25J-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE; AGREEMENT AMENDMENT WITH STRAIGHTLINE COMMUNICATIONS FOR WATER CONSERVATION OUTREACH CAMPAIGN {STRATEGIC PLAN NO. 5, 21 CITY MANAGER � W CLERK OF COUNCIL USE ONLY: .6 _* ❑ As Recommended ❑ As Amended ❑ Ordinance on 16� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to amend the agreement with Straightline Communications, subject to nonsubstantive changes approved by the City Manager and City Attorney, for an additional amount of $50,000, for a total not to exceed $170,000 for the agreement term expiring December 31, 2017. DISCUSSION The state of California continues to experience severe drought conditions. On April 1, 2015, the Governor issued an executive order to cities and towns across California to cut the State's overall water use by 25 percent in an effort to mitigate the state's drought. On May 5, 2015, the State Water Board adopted an emergency conservation regulation, officially amending the California Water Code and adopting strict water use prohibitions and mandatory potable water use cutbacks. As part of the Governor's order, the City of Santa Ana is required to cut back potable water use by 12 percent as compared to the City's water use in 2013. Under the California Water Code, cities and towns failing to meet their mandated cut backs are subject to fines of up to $10,000 for each day in which the violation occurs. The City of Santa Ana's Public Works Agency -Water Resources Division has been coordinating with City agencies to develop a drought response plan, which will ensure that the City takes all necessary steps to decrease City water consumption use. A critical component of the water conservation effort is a drought outreach and awareness campaign. The primary goals of this outreach campaign are to successfully communicate with all City residents, businesses, and institutions the seriousness of the State's drought before the peak of the summer season; and to help the City meet its 12 percent water use reduction mandate. 25K-1 Agreement Amendment with Straightline Communications For Water Conservation Outreach Campaign June 16, 2015 Page 2 On December 16, 2014, Council approved a three-year agreement with Straightline Communications in the amount of $120,000 to assist the city in this outreach effort. They have prepared and delivered many of the City's current water outreach materials, including the web - based Water Quality Consumer Confidence Report (WQCCR) and award-winning water campaign. Based on their quality work and performance, City staff recommends amending the agreement with Straightline Communications in the amount of $50,000 for this urgent additional work. STRATEGIC PLAN Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Fiscal Year 2014-2015 Water Quality & Measurement account (06017644-62300) and will be budgeted in future years on the following schedule: FISCAL YEAR AMOUNT FY 14/15 $ 90,000 FY 50,000....... FY 16/17 20,000 FY 17/18 10,000 TOTAL: $170,000 The additional $50,000 for Fiscal Year 2014-2015 was made available due to the deferral of the advanced metering infrastructure pilot program;, 'I APPROVED AS TO FUNDS AND ACCOUNTS: Public Works Agency FM/NS/AF Exhibit: 1, Agreement Amendment Francisco Gutierrez Executive Director Finance & Management Services Agency 25K-2 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero June 17, 2015 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza M-36 • P,O. Box 1968 M-36 Santa Ana, California 92702 www.santa-ana ora Linda O. Hanlon Straightline Communications 14930 Greenleaf Street Sherman Oaks, CA 91403 Re: Agreement A-2014-356, "Consultant Agreement' Extension Dear Ms, Hanlon: CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar Pursuant to Agreement A-2014-356, entered by Straightline Communications and the City of Santa Ana, dated December 31, 2014, Section 2 "Compensation", is hereby increased an additional $50,000, through the end of the contract term. Accordingly the total sum to expended under the Agreement shall not exceed $170,000. All other terms and conditions of said Agreement remain unchanged and in full force and effect. If you have any questions regarding this matter, please contact Nabil Saba in the Public Works Agency at 714-647-3378. Sincerely, Fred Mousavipour Executive Director Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney s San oval f Assistant City Attorney c: Clerk of the Council CITY OF SANTA ANA David Cavazos City Manager ATTEST: Maria D. Huizar Clerk of the Council Roman Royna Sal To.pr9 Ward Word RRevnslo)sanlaana ora STinuerolrasana- ana ora Exhibit 1 SANTA ANA CITY COUNCIL. M19uel A. Pulitlo Vincent F. Sarmiento ' Michels Madinat Am3olwA Amezcua ' P. David Benavitles May Mayor Pro Tem. Ward i Word i Ward Ward MPulido(@saWa-ana.org Vaarmlenidporimg nA UmIq MMmtinez n.nla-anaoro AAmezcue(olsanla-s enry OL9enavldas�se tla,; g,�rr 25K-3 Roman Royna Sal To.pr9 Ward Word RRevnslo)sanlaana ora STinuerolrasana- ana ora 25K-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014.51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO. 201510 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M. AT GYPSY DEN LOCATED AT 129 NORTH BROADWAY, UNIT D - BRETT ENGSTROM, APPLICANT_[STRATEGIC PLAN NO. 3, 2; 3,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rr== • : s ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014-51 and Conditional Use Permit No. 2016-10 as conditioned. FOM At its regular meeting on May 26, 2015 by a vote of 5:0 (Bacerra and Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit Nos. 2014-51 to allow a Type 47 Alcoholic Beverage Control license upgrade and 2015-10 to allow after-hours operation until 2:00 a.m. at Gypsy Den located at 125 North Broadway, Unit D in the Transit Zoning Code (S©-134) zoning district. The Planning Commisslon made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Gypsy Den is requesting approval of a Type 47 ABC license to allow the on -premises sale and consumption of beer, wine and distilled spirits. The restaurant currently has a Type 41 ABC license (beer and wine) and has done so since Gypsy Den began operating In 1999, The applicant Is also requesting approval of an after-hours conditional use permit (CUP) to allow the restaurant to operate until 2;00 a.m. Gypsy Den Is a full service, sit-down eating establishment with approximately 67 dining room seats and 26 outdoor patlo seats enclosed by a 30 -Inch high fence, oomplient with all city and state department of Alcoholic Beverage Control standards, Conditions of approval have been placed on the after-hours CUP to mitigate any potential nolle or safety impacts typically associated with after-hours operations. Full sized plans are available for public viewing In the Clerk of the Council Office. 31A-1 CUP Nos. 2014-51 & 2015.10 June 10, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No, 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FIJ9AL IMPACT There Is no fiscal Impact associated with this action. Hassan H ani/ CP Executive irector Planning & Building Agency IO:kg to\Planning Commisslon\126 N BroedwaA0UP14^51 &15.19 Gypsy Den Type 47 AHR.co Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 26, 2015 TITLE: PUBLIC HEARING FILED BY BRETT ENGSTROM FOR CONDITIONAL USE PERMIT NO. 2014-51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO. 2015-10 TO ALLOW AFTER-HOURS OPERATION AT GYPSY DEN LOCATED AT 125 NORTH BROADWAY, UNIT D (STRATEGIC PLAN NO. 3,2) Prepared by Ivan Orozco J PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Interim Exe tive rector Acting Planning Manager RECOMMENDED ACTIONS 1. Adopt a resolution approving Conditional Use Permit No. 2014-51. 2. Adopt a resolution approving Conditional Use Permit No. 2015-10 as conditioned. Reauest of ADDlicant Brett Engstrom, representing Truth and Alchemy, Inc., is requesting approval of a conditional use permit (CUP) for a Type 47 Alcoholic Beverage Control (ABC) license upgrade to allow the on - premise sale and consumption of beer, wine, and distilled spirits at the Gypsy Den restaurant, located at 125 North Broadway, Unit D. In addition, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant to operate until 2:00 a.m. Establishments that sell alcoholic beverages and that wish to operate between 12:00 midnight and 7:00 a.m, require respective conditional use permits pursuant to Section 41-2007 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The applicant is currently operating a full service, sit-down restaurant within the Historic Grand Central Arts Building. The building is located on the southeast corner of Broadway and Second Street in the Downtown area of the City. The Gypsy Den occupies 2,800 square feet of an existing 42,183 -square foot, two-story building that contains commercial uses on the ground floor and residential uses on the second story. Parking is provided in multiple parking structures, surface lots, and metered street parking throughout Downtown. The site is surrounded by commercial uses to the west, north, east, and to the south (Exhibits 1, 2 and 3). EXHIBIT A 31A-3 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently 15 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 15 ABC licenses include: one Type 20 license (off -sale beer, wine, and distilled spirits), four Type 41 licenses (on -sale beer and wine only), four Type 47 licenses (on -sale beer, wine and distilled spirits), one Type 48 license (public premise beer, wine and distilled spirits), three Type 58 licenses (caterer's permit), one 68 Type license (portable bar) and one Type 77 license (event permit). However, this information does not affect the analysis or recommendation contained in this report. Protect Description The applicant is requesting approval of a Type 47 Alcoholic Beverage Control (ABC) license to allow the on -premise consumption of beer, wine and distilled spirits to patrons at the restaurant. Currently, the applicant is operating with a Type 41 ABC license (beer and wine) and has done so since Gypsy Den begun operating out of this location in 1999. The original entitlement for the Type 41 ABC license was attained by Minor Exception No. 1981-36, which was approved in August of 1982. The restaurant is a full service, sit-down eating establishment with approximately 57 seats within its dining room. The restaurant also has outdoor patio seating with approximately 26 seats, which is enclosed with a 36 -inch high fence in compliance with all applicable City and State Department of Alcoholic Beverage Control standards. The on -premise sale of alcoholic beverages to customers will continue to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately 31 square feet, which is less than one percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The current hours of operation for the restaurant are from 8:00 a.m. to 11:00 p.m. daily. If the CUP is approved, the new hours of operation will include the option to close at 2:00 a.m. on weekends. Establishments wishing to operate after 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. Proiect Backaround The Grand Central Arts Building was constructed in two phases. The first phase was completed in 1922 and is comprised of the mid -block portion of the building between First and Second Street, with Dearden's Furniture as its current tenant. The remaining portion of the building was constructed in 1924 and provides one of the earliest examples of mixed-use occupancy in Santa Ana. The two-story structure was originally built to house 12 storefronts on the ground floor facing Second Street and residential uses on the second floor. As one of the most architecturally 31A-4 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 3 prominent buildings in Downtown, it was acquired by the City of Santa Ana in 1994 and was rehabilitated for the California State University Fullerton Art Department. Although, originally a market and 29 apartment homes, the building has been occupied by a variety of uses including a clock shop, flower shop and most importantly The Radio Den, KFAW, Orange County's first radio station. The building is listed on the Santa Ana Register of Historical Properties as "Landmark" due to its distinctive architectural style and quality, and is characteristic of a significant period in history of the City of Santa Ana and contributor on the National Register and California Register, Gypsy Den has operated from the existing location for over 15 years, serving as a full service restaurant. They propose to upgrade the existing license and expand their hours of operation in order to keep up with the nearby businesses that provide similar services and operations. The building has traditionally contained a mixture of commercial uses, including retail, office, art galleries and eating establishments. General Plan and Zoning 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 service uses to enhance its urban vibrancy. The project site and the existing Gypsy Den restaurant are consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (UC) sub -zone. The SD -84 zoning district allows for retail and service uses such as eating establishments, making Gypsy Den'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. 31A-5 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 4 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. Type 47 Alcoholic Beverage Control License (CUP No. 2014-51) SAMC Section 41-196 requires a CUP for establishments selling alcohol for on-site or off-site consumption. The proposed ABC license upgrade will allow the proposed restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in the Downtown area, Moreover, operational standards will mitigate potential impacts from Type 47 ABC license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of approval for the CUP to allow a Type 47 ABC license. The proposed Type 47 ABC license upgrade will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food -related amenity. Standards are applicable to 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 Type 47 ABC license upgrade for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 31A-6 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 5 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Gypsy ben, a small business, to remain economically viable and contribute to the overall success of the Downtown Santa Ana commercial district. • The proposed project will be In compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full-service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • 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 full-service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to serve as a dining and retail destination with regional significance. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, Operational standards for the proposed Type 47 ABC license 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. Gypsy Den will be located in a commercial area and Its operations will be compatible with the surrounding commercial businesses. After -Hours Operations (CUP No. 2015-10) The proposed after-hours conditional use permit will allow the proposed restaurant to remain open past 12:00 a.m. The Gypsy Den is located in a predominantly commercial area surrounded by offices, retail stores, service uses, and similar restaurants, with residential units on the second floor of the building. However, conditions of approval have been placed upon the use that will minimize the possibility for any potential noise or safety impacts typically associated with after- hours operations. The following findings support the recommendation of approval for after-hours operations. 31A-7 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 6 • The proposed after-hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food -related amenity offering service past 12:00 midnight, which 1s consistent with that of other restaurants in Downtown, Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting 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, specifically for the residential units located on the second floor. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after -hour conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building past midnight. • The project site is situated along a commercial corridor that is appropriate for the proposed commercial use. The establishment of this restaurant 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. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after hours 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 quality as an eating establishment, and operational standards applicable to the proposed ABC license will prevent or mitigate any impacts from the restaurant onto adjacent properties. • 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 full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 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 Gypsy Den restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. 31A-8 CUP Nos. 2014-51 &2015-10 May 26, 2015 Page 7 Police Department Analvsls The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after-hours operation in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 125 North Broadway is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAMC that will address any concerns. 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 along with the California State University Fullerton, Grand Central Art Center to ensure that they were notified of this project and to identify any areas of concern. The representatives had no further comments regarding the proposed CUP at the time the staff report was prepared. 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. 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. 31A-9 CUP Nos. 2014-51 & 2015-10 May 26, 2015 Page 8 The project proposes to operate a full-service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as park of the project. 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. 2014- 158 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, approve Conditional Use Permit No. 2014-51 conditioned. _�a,r 4eo Ivan Orozco Assistant Planner I staff recommends that the Planning Commission and Conditional Use Permit No. 2015-10 as IO:jm io\Planning CommisslonN25 N BroadwaylCUP14-51&15.10 Gypsy Den Type 47 AHR.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-10 r�,J orf -.x SEVBNT NTH ST. 1 r I rIJ FLass CI = xyB Cl �. ZS CI CI Ct i 5 SRi "`r C5 CS s Sp -3 y Gc nla H fl1 n Ni RI p} rar I j' RI i' i nvu Rvn � Boll � rens Ry ni, sa I L m ux RI N2 O R2 Rl ' R1 rmgi „ee pl 0111 Px R3. R3. ' 0 nua .-n.' 6 41m1 xvx ° N3- s sr 3PJ SP3 xvu a q J� xc�i� nz h v sv R] IN2 xi r P R2R1III Pi R2P R2 SvaRx nz P ]S sP-3 a 50.3 11� SP RI R1 fll P Ina R2 I i rn- µ R0. Lm fl1 Hl R7 xr no p a �p� P P ' SM SP -3 �. in Tr`5D 2a soav SDd6 a I cmc¢ortx vu l mom I ny .jc' ffC4 GC GC' fn GC Gc � ut' DT Gc �I sra %1 fll 3 ■ UCui. oC � i �Gc � 9■ � � a z �l srr R2 PI OS J 5055 b p DT o* tlDTrr mil w.r fl2 (�ERINSU� �s� m DT DI CC JJ1 snr R2 P O SD -13 OS z ,x+bT u* p ns.l� fil)- P P soreUf. be of ar Ai C94H LA(a SCLLTURAL} CR MMMBSWUODWEAL Rl 9NGLEFPMILYF DB AL -B FFANGMODIRrATION Go GXBNM(NTCe4TP R! TMFAMILYFMO MCE GGA GOMMEMALSXa MAIN Mi UC}MNDUSIRAL m MULMLEDWSTYMUDIPLE Ci COMMUNUYCOMMsuk M2 HEANINDUGRAAL rAMILY(EMD CWD WMM.MMM90AUMlJSBJMDIRRCT MO MUTAWOPSIATIONS IN SUDLY 4NAF1RMMTS C2 G9R9RALOWNIGl7AL 0 OPEN EPACE FE FOOSITAL0- ATE Q aNlMLW9NGM5 P ROFE590NAL SD 5lMFlCD91A0PM9dT CM CENTRAL9USN6S&ARIlSt URGE FCA RANNM3 MUNIIYDMOFMUJr m �RGPIAN G RANNE)9HOPRNGC2IT9R pm FIA%M® 091MLOEV9.OWEK C5 ARMALCOMMEMAL CUP 2014-51 & CUP 2015-10 SRU 1� GYPSY DEN TYPE 47 & AFTER HOURS w 125 NORTH BROADWAY, UNIT D - 600 FEF i"= Sow nmt 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 1 31A-1 1 PARK MULTI - FAMILY RESIDENCE IST Emmom rv6 PARKING } COMM. ¢ D O = N�COMM..- m MULTI - FAMILY RESIDENC STRUCTURE STREET COMMERCIIAL 2ND COMMERCIAL STREET COMMERCIAL STREET CUP 2014-51 & CUP 2015-10 doN CYPSY DEN TYPE 47 & AFTER HOURS �, 125 NORTH BROADWAY, UNIT D X5,1 P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-12 CUP 2014-51 & CUP 2015-10 GYPSY DEN TYPE 47 ABC & AFTERHOURS 125 NORTH BROADWAY, UNIT D EXHIBIT 3 31A-13 c, ;t .i9 r Ir l t� �l GYPSY DEN b 125 N BROADWAY #D t I u l Jl I I 1 i 6 I If `I I i4 i i I 1 1_l _ l .1.. r t 1 r SECOND STREET PROMENADE EXHIBIT 5 31A-15 EA K .00R PLAN -o, Sec. 41-196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41-196 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 it 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. 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. EXHIBIT 6 1 of 4 31A-16 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 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. 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. 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. 2of4 31A-17 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. G. 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). 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. Procedures for calling the police regarding observed or reported criminal activity. Procedures for management of queuing lines, h. The location and description of any video games proposed to be on the premises. 3of4 31A-18 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. 4of4 31A-19 LS 5.21.15 RESOLUTION NO. 2015-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014-51 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE UPGRADE AND CONDITIONAL USE PERMIT NO.2015-10 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION AT GYPSY DEN LOCATED AT 125 NORTH BROADWAY 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. 2014-51 to allow a Type 47 Alcoholic Beverage Control (ABC) license upgrade and Conditional Use Permit No. 2015-10 to allow after-hours operations for the property located at 125 N. Broadway. B. Santa Ana Municipal Code Section 41-2007 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption of beer, wine and distilled spirits for businesses operating between the hours of 12:00 midnight and 7:00 a.m. C. On May 26, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014-51 and Conditional Use Permit No. 2015-10. 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. 2014-51 to allow for a Type 47 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 47 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic Resolution No. 2015-18 Page 1 of 7 31A-20 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. 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 Type 47 ABC license upgrade for the on -sale consumption of beer, wine and distilled spirits at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 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 in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Gypsy Den, a small business, to remain economically viable and contribute to the overall success of the Downtown Santa Ana commercial district. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer, wine and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full-service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than one percent (1%) of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. Resolution No. 2015-18 Page 2 of 7 31A-21 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 full-service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to serve as a dining and retail destination with regional significance. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 47 ABC license 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. Gypsy Den is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. 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. 2015-10 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 individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with that of other restaurants in Downtown. Conditions have been placed on this operation to mitigate any potential problems created by the after-hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. Resolution No. 2015-18 Page 3 of 7 31A-22 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, specifically for the residential units located on the second floor. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. The after-hours conditions limit operations to indoor activities after the midnight hour, therefore mitigating any outside ambient noise, as well as limiting the amplified sound within the building past midnight. 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 restaurant 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. 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 eating establishment operating after hours 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 qualify as an eating establishment, and operational standards applicable to the proposed ABC license will prevent or mitigate any impacts from the restaurant onto adjacent properties. 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 Resolution No. 2015-18 Page 4 of 7 31A-23 of full-service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, 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 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 Gypsy Den restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. 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. The project proposes to operate a full-service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. 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. 2014-158 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. 2014-51 and Conditional Use Permit No. 2015-10 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 26, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015-18 Page 5 of 7 31A-24 ADOPTED this 26th day of May 2015 by the following vote: AYES: Commissioners: Alderete, Bauer, Gartner, Mill, Nalle (5) NOES: Commissioners ABSENT: Commissioners ABSTENTIONS: Commissioners APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney None (0) Bacerra, Verino (2) None (0) James Gartner Chairman CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-18 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 26, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-25 Resolution No. 2015-18 Page 6 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit 2015-10 Conditional Use Permit No. 2015-10 for after-hours operations for the property located at 125 N. Broadway 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 belowrip 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. 2. There will be no outdoor restaurant activity after midnight. 3. Any and all existing or new lighting on the building's exterior must be maintained in working order. 4. All exterior lighting will be directed towards the restaurant and/or sidewalk and not towards other properties. 5. There shall be no amplified sound used outside the building. 6. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ("SAMC") Chapter 11 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. Resolution No. 2015-18 Page 7 of 7 31A-26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015-11 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1417 NORTH SUSAN STREET — VINCULUMS SERVICES INC., APPLICANT (STRATEGIC PLAN NO. 3, 2) CITY MANACa CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No, 2015-11 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 26, 2015 by a vote of 4:0 (Alderete, Bacerra and Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015-11 at 1417 North Susan Street located in the Harbor Mixed Use Transit Specific Pian (SP -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A), The proposal is to construct a 60 -foot high Verizon Wireless facility disguised as a pine tree. The project is proposed to be constructed on a 4.5 -acre parcel of land located on Susan Street, south of Westminster Avenue and adjacent to the Pacific Electric (PE) right-of-way. The site is occupied by ECCO Equipment Corporation, which provides rental and storage of heavy construction equipment, The facility is intended to provide Increased cellular coverage and call capacity In this area of the city. Full sized pians are available for public viewing In the Clerk of the Council Office, STRATEGIC PLAN ALIGNMENT Approval of this Item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 B-1 CUP No. 2015-11 June 16, 2015 Page 2 FISCAL IMPACT Thera is no fiscal Impact assoolated with this action. 7 assan Ha , ni, P Executive hector Planning c& Building Agency MM:kg MMCCanMREPORTS\CMCUP15.11 Verlaon Suasneo Exhibit: A. Planning Commission Staff Report 31 B-2 REQUESTFOR PLANNING COMMISSION MEETING DATE: MAY 26, 2015 TITLE: PUBLIC HEARING - FILED BY VINCULUMS SERVICES INC. FOR CONDITIONAL USE PERMIT NO. 2015-11 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY FOR VERIZON AT 1417 NORTH SUSAN STREET (STRATEGIC PLAN NO. 3,2) Prepared by Melanie G. McCann Interim Ecut've Director PLANNING COMMISSION APPROVED Cl As Recommended • As Amended ❑ Set Public Bearing For DENIED O Applicant's Request ❑ Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2015-11 as conditioned. Request of Applicant Vinculums Services Inc., representing Verizon Wireless, is requesting approval of a 60 -foot high wireless facility disguised as a pine tree at 1417 North Susan Street. Major wireless communication facilities require approval of a conditional use permit pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The project is proposed to be constructed on a 4.5 -acre (196,020 square foot) parcel of land located on Susan Street; south of Westminster Avenue and adjacent to the Pacific Electric (PE) right-of- way. The site is currently improved with 24,806 square feet of industrial storage structures and ancillary office for ECCO Equipment Corporation, which provides storage and rentals of heavy construction equipment. The land uses surrounding the site include commercial and multiple - family residences to the north, industrial and mobile homes to the east, the Pacific Electric right-of- way and mobile homes to the south, and industrial uses to the west (Exhibits 1, 2 and 3). Project Description Verizon is proposing to construct a 60 -foot high wireless facility disguised as a pine tree. This facility is intended to provide increased cellular coverage and call capacity in this area of the City. To give the facility the appearance of a natural tree, the tower has been designed to have branches that will extend seven feet above the antennas to a maximum height of 60 feet. Equipment for the wireless facility will be installed within an enclosure that measures approximately 13.5 -feet by 40 -feet for a total of 540 square feet. This enclosure will be located east of the existing main office building, with the monopole itself within a block wall equipment enclosure surrounded by a two foot planter and vines. One 36 -inch box pine tree will be installed in a new planter south of the facility to assist with the stealthing of the monopole (Exhibits 4, 5 and 6). EXHIBIT A 31 B-3 CUP No. 2015-11 May 26, 2015 Page 2 The proposed wireless facility will contain three arrays with four panel antennas on each side, for total of 12 panel antennas. A GPS and parabolic antenna will also be located on the monopole. In addition to the monopole and equipment enclosure, the applicant proposes to provide site improvements including the repair and re -slurry the site parking area. The large equipment loading dock will also be upgraded with a concrete landing leading to the street. Project Backaround In April 2014, plans were submitted on behalf of Verizon Wireless to install a new wireless facility at this location. After a review of the proposal, staff recommended the applicant pursue alternative locations and/or relocate the monopole and equipment area a minimum of 100 feet from the Pacific Electric right-of-way. This 100 foot distance was requested as the City is proposing to designate the PE right-of-way as a Primary Arterial Street when updating the General Plan Circulation Element. In addition, this corridor has been identified as a future travel way for the proposed Street Car transit system. This setback will mitigate the visual impact from both the future transit corridor and nearby residential properties. The site is owned jointly by the Schmidt Family Trust and Haug Family Trust, and occupied by David Schmidt of ECCO Equipment Corporation. The existing heavy equipment use has operated at this location since the 1970s. The property owners will be leasing a 548 square foot area at the north section of the site to Verizon for the installation of the monopole and equipment enclosure. General Plan and Zoning Consistenev The General Plan land use designation for the site is District Center (DC), which allows higher intensity mixed use and residential development. Uses such as wireless facilities are consistent with this General Plan land use designation. The zoning for the site is Harbor Mixed Use Transit Specific Plan (SP -2) with the site within the Transit Node North sub -district. This zoning is intended to encourage transit -supportive mixed use development with access to the proposed Santa Ana/Garden Grove Street Car and station. This area of the Harbor Specific Plan zoning allows for a variety of residential, community facilities, retail, and service use uses with a minimum requirement of four stories and maximum of 10 stories. While the existing industrial use of the property is a legal non -conforming use, the proposed wireless communication facility is consistent with the zoning designation, 31 B-4 CUP No. 2015-11 May 26, 2015 Page 3 Project Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the proposed Verizon facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a conditional use permit, Further, Section 41-198.4 of the Santa Ana Municipal Code (SAMC) identifies several site improvements that may be required at sites with major wireless facilities. These improvements include: 1. Landscaping around the base of the facility, including vines, groundcover and a 24 -inch box tree; 2. Decorative fencing (wrought iron or block) around the facility; 3. A six-foot high solid wall between the facility and property zoned or used for residential; 4. One parking space, if on-site parking is not available; 5. Repairing, repaving and restriping of a parking lot which is in poor condition; 6. The repainting of buildings on a site; and 7. The construction of a new trash enclosure. As part of the development review portion of the project, staff worked with the applicant to identify improvements to be required in tandem with the proposed monopole and equipment enclosure. These improvements reflect the requirement to screen the facility from view, to provide enhanced landscaping through the planting of a new tree and vines, to deter graffiti through the planting and maintenance of landscaping materials, to enhance the site parking surfaces, and to minimize the project's overall impacts on the surrounding community. Conditional use permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. 31 B-5 CUP No. 2015-11 May 26, 2015 Page 4 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. Section 41-198.5(b) of the SAMC establishes site selection order of preference criteria for wireless facilities. These provisions require the exploration of various options before proposing a new monopole. The applicant has explored alternatives to this monopole, including providing a roof mounted facility on an existing building in the area and co -locating on another facility. The heights of the buildings (predominantly one-story) in the immediate area do not provide the necessary height to provide adequate service. Also, there are no wireless facilities close enough to provide the necessary coverage and capacity that Verizon requires. + The project will provide a service or facility which will contribute to the community. The proposed monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northern sector of Santa Ana. The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal law that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). The proposed monopole, in conjunction with the new live pine and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for development by providing an additional service for business owners, workers, and residents in the area. The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will feature new and enhanced landscaping, will provide additional screening for the current use's heavy equipment operations, and will comply with other standards outlined in the SAMC. The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole, in addition, Goals 3 and 5 require preservation of neighborhood character and integrity CIDP No. 2015-11 May 26, 2016 Page 5 as well as mitigation of developments' impacts. The proposed monopole is designed to minimize visual Impact on the area and to assist with the stealthing of industrial operations at the project site, Further, Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone providers coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity, A facility disguised as a pine tree would provide the best stealth possible for this location. The facility is located within transitional industrial and residential district and will be installed toward the north of the site, more than 160 feet away existing residential uses. Located on nearby streets of Clinton Street and Sunswept Avenue, there is a mixture of tree species including pine trees. The pine tree design will easily blend into the area and will be designed to allow for future co -location by another provider, Of the various tree designs, the pine tree is a design that can stealth the equipment needed by additional wireless providers. All associated wiring and conduit for the facility will be underground or hidden within the interior of the monopole. This location is also optimal to provide the coverage necessary for existing and expanding service. The proposed cellular antennas will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to Verizon by closing service gaps and providing enhanced cellular service in the area. Equipment for the facility will be located within a new enclosure behind the main office building, with vines planted on the block walls to assist in screening the wireless facility and the heavy equipment operations on the site. The proposed wireless facility complies with the City's Wireless Communications Facility Ordinance and will provide needed service to this area of the City. Further, the project is consistent with the goals and objectives of the General Plan that safeguard residents and workers in the area while encouraging land uses that accommodate the City's needs for services. Public Notification The project site is located north of the boundaries of the Santa Anita Neighborhood Association. However, staff contacted the president of this neighborhood association to ensure that they were notified of this project and to identify any areas of concern. The president did not identify any concerns with the project. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public CEQA Compliance This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act, The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. 31 B-7 CUP No. 2015-11 May 26, 2015 Page 6 The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a,result, Categorical Exemption Environmental Review No. 2015-44 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015-11 as conditioned. Melanie G. McCann, AICP Associate Planner MM:jm M:\REPORTS\PC\CUP1S-11 Verizon Susan pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Elevations Exhibit 6 — Photo Simulations CUP 2015-11 VERIZON TELECOMMUNICATION 1417 NORTH SUSAN STREET - -=50D FEET 1" = 1000 FEET P 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-9 r � WESTMINSTER,/ EVENTEENINSTJ AVE. f+l__ _ _ __—, a.3 rs�{I�.� k $P-2 �k. SP -2 ii SP:, I�' CRY ISp.R c2 .m �i II u RI I �. IN ' . 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IXIMME0AUMU53JM OISTRCF MO MIIJTAWOPHJATIONS RA SiBul WNAKRIMENTS C2 M MLCOMMER7AL 0 ORBNSRCG m F DENTIALENATE Q CENIRALBSNP5 P FRFMONAL 9) 9iOR00LlA30wm MA CENTRAAWN6SAMSTMLLAM 400 RANND COMMUNITYDEaOFMR\T 4' S45OKP AN Of RANNED9-IOPMNGQHM Rd7 RANNS)SMOENiIALDEJEORMEdT 05 AR ALCOMMB AL CUP 2015-11 VERIZON TELECOMMUNICATION 1417 NORTH SUSAN STREET - -=50D FEET 1" = 1000 FEET P 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-9 MULTI- LFAJUM - FAMILY Y RESIDENCE COMM. CE C0 M. CO M. COMM WESTMINSTER AVENUE 1 a z U INDUS F- tl K w z I� S N Z u V1 a 11 A1 KEEN AVENUE �, a - / g I F '�¢[ffE C PROD C+T` 1 SUNSWEPT MOBILE HOME z PARI( I0EE > M O B I L / C, u MORNING5IDE r c O ✓y T U L I- AMILY RE ID NCE LEF OPEN SPACE Gy MORIhIOME PARK VERIZON TELECOMMUNICATION t 1417 NORTH SUSAN 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 31 B-10 CUP 2015.11 VERIZON TELECOMMUNICATION 1417 NORTH SUSAN STREET EXHIBIT 3 31 B-11 g tadx2Ad@I43 c. 43Y �rpg 3 g� o mO ya W e wa4 �g 49i OHN 1121 �Na J �--7 ll My go J.JJlllli NVLfIS 'N q J_ a 5 °S @ $$ jR 1 xt I'll Jill LD G +v' , 1�"� §Y3y i3� gg& @�p tail ks �SYgg;gF��ggg 4g@� ��e �$'-�c s&ai§E�$�N EXHIBIT 4 31P�=''P� YY&yoq �� Ls 9�86ji ®yiy���slC� �p�pb d �b¢i�e 3 '..0 agcyg SVj�B9g� PrW`.RF_a..E.9 EXHIBIT 4 31P�=''P� N � @@ EAAtl Yd9@g@ 98943 33 p s— g91s€; � frgg83�g����H��@A�N� E1 06P 4£al �dF&@ m L'ib ui¢ p aiVIIP PH N�v �. l ee 4 §k_e� �$+�app1PP g6 Y l yF q jj'VSe yy ; 4i i t j $fie %7 Y ti gd JUN ea �3 ,g�Y a d lis 11; --- i---- rIgy `.A -AMM // W:k qq 17 Paye 2 of 2 31 B-13 y tEEa Yi R@39933343 a�`� °..l O ��� m@gynN n• � f § � S �JE�@�go�5�� 9 LP 1 � � � � 4 s 8 � {l � � OS� a§11 kap$° Ja w'�q�ig4yys$�L 3eaaa�'�a'v _ S S� F �L 3gYY�Y �g{� ^. ]3@�5 S4 E@] � a 3Y 5551 & g$a3 gyy Ep N' 3�3{$j(Q• p§�p$� at aid $ p 8 g d— ¢q$ ib K °Y4 Se �¢3y` & 8 nA A 5 bgg ��i. d e h tln °- s 3g�g� Al Z 1 $$$n�t3$$Z$$Z$ �S€Stl yny33�tl�tl(('3n3V5aV q}vq}Xjja$j$j� { ` I gp qqaa pqp �� ...�( q3� ag: H r.uh.Rr.N�IJOE, p 4 G tt �b nn E i� $ ¢ hisar !99 /Y qq R I, - ar Lsu�� EXHIBIT 5 311 14 W < F ana73E iad :'kt56:993@@@ a p e§a i Eo �T $j yyyy� o F s ¢33 zz 33 c g n `` $ pt (9gp0tl_ V1 y py 8 F v Ob� Z 4 n Flog Y ITYax SBS $ Lk+io ll'i 3 g Hn ddE ytliakY ail IN yg$k¢^�[$p 3pi. i$dNd8ey9a5�g 35�8�Y"s6 V' F�5 t3ypypd'�§ �°g 7Z� gap$a §g5g�y yqp pq gggg@g@ � � � E g g „/ g d 1Aa . x •e9 �. � v ��� _ 5 m as g$g$ pQ if � a 9 i Bh na ff y3F 5 & g bIgw � 3hJq ab 2g i 5 Jig Ig d v i Page 2 of 2 31 B-15 w d t C z A 31 ff° IT Pae of 3 �F it r t 4 � b w F 1 1 4� i ,syt 3 r i i f t =' r c It y S r fi w d t C z A 31 ff° IT Pae of 3 F4 h ti It rO 31 B483of3 LS 5.20.15 RESOLUTION NO. 2015-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015-11 TO ALLOW A 60 -FOOT HIGH WIRELESS FACILITY ON THE PROPERTY LOCATED AT 1417 NORTH SUSAN 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. Conditional Use Permit No. 2015-11 was filed with the City of Santa Ana seeking to allow a 60 -foot high wireless facility disguised as a pine tree on the property located at 1417 North Susan Street. B. Pursuant to Santa Ana Municipal Code Section 41-198.10, a Conditional Use Permit is required for major wireless communication facilities established in the City of Santa Ana. C. Conditional Use Permit No. 2015-11 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 26, 2015. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a service or facility which will contribute to the community. The proposed monopole will provide a service to Santa Ana residents, businesses and motorists who subscribe to Verizon's services by reducing the gaps in cellular service and providing additional calling capacity for its users in the northern sector of Santa Ana. 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? Resolution No. 2015-19 Page 1 of 7 31 B-19 The proposed wireless facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will be in compliance with Federal laws that govern health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole, in conjunction with the new live pine tree and site improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealth appearance and site enhancements will maintain and increase the economic stability for development by providing an additional service for business owners, workers, and residents in the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The proposed facility will be stealthed as a pine tree, will feature new landscaping, will provide upgrades to the parking and loading dock for the current heavy equipment operations, and will comply with other standards outlined in the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the proposed monopole. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The proposed monopole is designed to minimize visual impact on the area and provide site improvements to assist with the aesthetics and maintenance of the project site. Further, Policy 2.2 encourages land uses that accommodate the City's needs Resolution No. 2015-19 Page 2 of 7 31 B-20 for services. Enhancing a cell phone provider's coverage in the area enhances services that are readily available for business owners, workers, and residents in the immediate vicinity. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The project is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures; the installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another. The wireless facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts such as noise, traffic, or safety concerns. As a result, categorical Exemption Environmental Review No. 2015-44 will be filed for this project. Section 2. The Planning Commission, after conducting the public hearing, hereby approves Conditional Use Permit No. 2015-11 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at said public hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 26, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015-19 Page 3 of 7 31 B-21 ADOPTED this 26th day of May, 2015 by the following vote: AYES: Commissioners: Bauer, Gartner, Mill, Nalle (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete, Bacerra, Verino (3) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-19 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 26, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B-22 Resolution No. 2015-19 Page 4 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No. 2015-11 Conditional Use Permit No. 2015-11 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2014-16). 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The proposed monopole shall be constructed as per approved plans and any existing landscaping shall be protected in place during the construction period for the 60 -foot wireless facility. 4. The proposed monopole shall be constructed per the following specifications: a. The monopine facility should have 3.1 branches per foot for full density coverage with limited spacing between the branches; 70 percent of the branches should be eight feet or longer. b. Branch disbursement should be random so that longer branches and shorter branches are intermingled to give a natural appearance. c. Branches should exceed all antennas by a minimum of 12 inches. d. Branches should start at 15 feet above the ground. e. There should be a minimum space of seven feet between the top of the antenna and the top of the branches. Resolution No. 2015-19 Page 5 of 7 31 B-23 f. Branches should have a sweep similar to that of an actual Pine Tree. g, Branch foliage color should be an olive or forest green with some other appropriate coloring to match an actual Pine Tree. A sample shall be submitted to the City for approval prior to fabrication. h. Full bark cladding with a custom color shall be submitted to the City for approval prior to fabrication. i. All antennas shall be covered with "antenna socks" that match the approved foliage color. j. All "stand-off mounts" and support pipe mounts shall be concealed behind antennas and painted a darker shade or green (or black) with a "flat" paint finish to reduce reflection and visibility of the mounting. k. Include the tree specifications (selected manufacturers and models) with photo simulations (also a site plan review requirement). I. Show the location of the GPS antenna on all elevations, m. Provide a "unistrut" detail for the utility cabinet; an "H -frame" is not acceptable. n. Provide a note on the plans stating "install underground utilities sleeving for two carriers during construction of the structure". Shrouds on the outside of the pole are not acceptable. o. All exterior conduit and electrical meters shall be installed and screened in one metal enclosure painted to match the structure. 5. The permit applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit applicant shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit applicant to comply. Resolution No. 2015-19 Page 6 of 7 31 B-24 8. Locate all equipment and related appurtenances (appleton plug and electric meter) on the inside of the existing equipment enclosure or inside the building and underground all electrical power from the utility source as shown on the approved site plan. 9. Conditional Use Permit No. 2015-11 expires 10 years from the date of City Council approval. Resolution No. 2015-19 Page 7 of 7 31 B-25 31 B-26 REQUEST FOR COUNCIL ACTION CiTY COUNCIL MEETING DATE: JUNE 16, 2015 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended CONDITIONAL USE PERMIT NO, 2015.12 TO ❑ As Amended ALLOW AN INDOOR SPORTS FACILITY AT 1411 [J Ordinance on 1°' Reading ❑ Ordinance on 2"' Reading SOUTH VILLAGE WAY — AJ AHMAD, APPLICANT ❑ Implementing Resolution {STRATEGIC PLAN NOS. 3,2; 3, 5) ❑ Set Public Hearing For C� CONTINUE® TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2015-12 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 26, 2015 by a vote of 5:0 (Bacerra and Verino absent), the Planning Commission adopted a resolution approving Conditional Use Permit No, 2015-12 to allow an Indoor sports facility at 1411 South Village Way located in the McFadden Place/Specific Development No, 85 (SD -85) zoning district. The Planning Commission made no changes to the recommendation outlined In the attached staff report (Exhibit A). DISCUSSION The applicant Is proposing to occupy a 24,630 -square foot building with Rockin' Jump, an Indoor trampoline recreation and aerobic exercise establishment. Several improvements are proposed to be made to accommodate the proposed use. With the exception of a new exit door proposed on the east (freeway -facing) elevation and signage, all Improvements will take place within the building. These interior tenant improvements include the construction of dodge ball courts, an open jump arena, basketball courts, a vertical tower, jousting area, cage bail, as well as a cafd, special events rooms, seating, and a reception area. Full sized plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 5 (leverage private investment that results In tax base expansion and job creation citywide). 31 C-1 CUP Nos. 2015-12 Juno 16, 2015 Page 2 FISCAL, IMPACT There Is no fiscal impact associated with this action. assan M han' ICP Executive Director Planning & Building Agency AP: kg ap\RaparW taff Raporta W OMOUP1d-12 RoWn Jump Indoor Sports Faalllty;a® Y W W W 31 C-2 - Q R PLANNING COMMISSION MEETING DATE: MAY 26, 2015 TITTLE: PUBLIC HEARING — FILED BY AJ AHMAD FOR CONDITIONAL USE PERMIT NO. 2015-12 TO ALLOW AN INDOOR SPORTS FACILITY AT 1411 SOUTH VILLAGE WAY (STRATEGIC PLAN NOS, 3,2; 3,5) Prepared by , Ali Pezeshkpour Interim Ex e Director 0 14 Ll I air -aft APPROVED • As Recornmended • As Amended E Set Public Hearing For DENIED O Applicant's Request 0 Staff Recommendation CONTINUED TO Acting Planning Manager Adopt a resolution approving Conditional Use Permit No. 2015-12 as conditioned. Request of the Applicant AJ Ahmad, representing Rockin' Jump, is requesting approval of a conditional use permit (CUP) to allow an indoor sports facility at 1411 South Village Way. Specifically, the applicant is requesting approval per Section 41-472.5(x) of the Santa Ana Municipal Code (SAMC), which requires a conditional use permit for an indoor sports facility such as an indoor trampoline recreation and aerobic exercise establishment in the McFadden Place/Specific Development No. 85 (SD -85) zoning district. Project Location and Site Description The subject property, known as McFadden Place, is a 17 -acre development located on Village Way just south of McFadden Avenue and south of the southbound entrance to the Costa Mesa (SR -55) Freeway. Nine buildings, consisting of approximately 278,689 square feet, are located on the site. The subject building (Building B) is approximately 24,636 square feet in size and is located at the northeast section of the site. The buildings are occupied by a combination of retail, indoor sports facility, and industrial uses. McFadden Place contains 850 parking spaces. The site is surrounded by industrial uses to the north and west, the LOSSAN rail corridor and Santa Ana Auto Mall to the south, and the Costa Mesa Freeway to the east (Exhibits 1, 2, and 3). EXHIBIT A 31 C-3 Conditional Use Permit No. 2015-12 May 26, 2015 ,Page 2 Prosect Descriotion The applicant is proposing to occupy a 24,636 -square foot building with Rockin' Jump, an indoor trampoline recreation and aerobic exercise establishment. Several improvements are proposed to be made to accommodate the proposed use. With the exception of a new exit door proposed on the east (freeway -facing) elevation and signage, all improvements will take place within the building. These interior tenant improvements include the construction of dodge ball courts, an open jump arena, basketball courts, a vertical tower, jousting area, cage ball, as well as a cafe, special events rooms, seating, and a reception area. Minimal site improvements, such as bicycle racks and upgrades to the building's handicap accessibility to comply with State and Federal disability act guidelines, will be made. Finally, new signs will be installed to identify the proposed use. The hours of operation will be from 7:00 a.m. to 10:00 p,m. daily (Exhibits 4, 5, and 6), Project Backaround The vacant building which Rockin' Jump intends to occupy once contained a Recreational Equipment Inc. (REI) retail store, which vacated the building in September 2010. Rockin' Jump, which was established in 2010, currently operates 12 facilities across the nation. The company has grown quickly since its inception and is expanding to other states, as well as Bangkok, Thailand, The proposed McFadden Place location would be Rockin' Jump's first location in Orange County. Rockin' Jump is an indoor trampoline recreation and aerobic exercise company. The establishment is family-oriented and open to children and adults of all ages. All locations offer numerous recreational and exercise opportunities based on the use of trampoline equipment for aerobic, cardiovascular, and muscle strength enhancements. Trampoline exercises, like other sports, rely on strength in legs, thighs, hips, and the stomach and abdomen. These exercises also improve breathing through enhanced lung capacity, reduction in stress and tension, lowering of blood cholesterol, and increased energy levels. The McFadden Place development was constructed in the early 1970's as an industrial park and was historically used by warehouse, distribution and warehouse related uses. Since that time, CUP No. 1988-08, which acknowledged the transitioning nature of the site and its ease of access and visibility from the Costa Mesa Freeway, was approved to allow a combination of retail and industrial related uses on the site. In 2012, two conditional use permits (Nos. 2012-16 and 2012-24) were approved to allow indoor sports facilities at McFadden Place: Sender One Indoor Climbing and the Australian Swim School, respectively. Following the success of these establishments, representatives for McFadden Place petitioned to rezone the property from Light Industrial (M-1) to a specific development zone. Subsequently, AA No. 2013-02 was approved, establishing the McFadden Place/Specific Development (SD) No. 85 zoning district, which allows for a variety of industrial, commercial, and recreational uses, including indoor sports facilities subject to approval of a CUP. 31 C-4 Conditional Use Permit No. 2015-12 May 26, 2015 Page 3 General Plan and Zonina Analysis The General Plan land use designation for the site is Industrial (IND), which allows for a variety of industrial and industrial serving commercial uses. The proposed project its consistent with the General Plan. The subject site is located in the McFadden Place/Specific Development (SD) No. 85 zoning district. SD -85 is a zoning designation that allows industrial, commercial, and recreational uses. These uses include retail, restaurants, and indoor sports facilities subject to approval of a CUP, The project site Is consistent with this zoning designation. Project Analysis Ordinance No. NS -2776 was adopted in 2008 and added Indoor Sports Facilities as a conditionally permitted use in the Light Industrial (M-1) zoning district. Prior to the adoption of this ordinance, indoor sports and recreation were combined with indoor entertainment and were only permitted in the City's commercial zones with a conditional use permit. The large space requirements necessary to operate indoor sports facilities, in combination with higher lease rates in commercial areas, resulted in a majority of indoor sports businesses not being able to locate in Santa Ana. In response to the growing demand for recreational activities and the limited park area provided within the City, the City Council amended the Municipal Code to allow indoor sports facilities within the Light Industrial (M-1) zoning district subject to compliance with certain development standards and with a conditional use permit. These development standards included parking, limiting the hours of operation and limiting the number and type of uses that would be permitted under the definition of indoor sports facilities. The subject property is in compliance with the SD No. 85 development standards including landscaping and parking. Additionally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the indoor sports facilities section of the Municipal Code and does not become an attractive nuisance or disrupt the surrounding tenants within the center. The addition of a trampoline recreation and aerobic exercise facility at this location supports several General Plan policies, which are detailed in the following section. Conditional use permits are governed by Section 41-638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 31 C-5 Conditional Use Permit No. 2015-12 May 26, 2015 Page 4 • 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 project will provide a service or facility which will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. The trampoline recreation and aerobic exercise facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code, 31 C-6 Conditional Use Permit No. 2015-12 May 26, .2015 Page 5 Finally, the project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed indoor sports facility that promote a balance of land uses to address basic community needs, such as physical activity, and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located adjacent to one of the region's most significant corridors, the Costa Mesa Freeway, and conditions of approval will ensure that its operations will be compatible with the surrounding properties and businesses. Public Notification The project site is not located within or near any neighborhood association. Staff has been in contact with the property owner, who has informed the existing tenants of the proposed use. 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 occupants 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 Analysis In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building with a new tenant, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2015-10 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 5 (leverage private investment that results in tax base expansion and job creation citywide). 31 C-7 Conditional Use Permit No. 2015-12 May 26, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015-12 as conditioned. �A W - Ali Pezeshkpour Assistant Planner I AP:jm ap1WReporWStaff Reports for PQCUP 15-I2 Rockin Jump Indoor Sports Facility.pc Attachments: Exhibit 1 — General Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Conceptual Elevations 31 C-8 R4 R4 MlMI Ml D d MI f 5D-69 Mt U iy ar TusTln 51'A PGYJ PL � M1 by SDfi9Ml FQ5 AT GENERALAGRICUU URALMAINSLREET COMMERCIAL DISTRICT PD PLANNLOUEVELOPMENT APARKING MODIFICATION F FLOORAREARATIO PRD PLANNEORESIDENTIALDEVELOPMENT CT COMMUNITY COMMERCIAL GC GOVERNMENT CENTER Rt 5INGLELAMAY RESIDENCE CI -MO COMMUNITYCOMMERCIAL-MUSEUM OISTRICT MI UGHTINOUSTRIAL Rl MO-FAMILYRESITiNCE C2 GENERAL COMMERCIAL MT HEAVY INDUSTRIAL R3 MULTIPLE -FAMILY RESIDENCE C3 CENTRALBUSINESS MO MIP"ARYOPEIIAT'IONS R4 SUBURBAN APARTMENT' CSA CENTRALRUSINESS-ARTISTS VILLAGE 0 OPEN SPACE RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER -OZ OVERT -AY ZONE SO SPECIFIC DEVELOPMENT CS ARTERIALCOMMERCTAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIALRESIDFNRA. PCD PLANNED COMMUNITY DEVELOPMENT CUP 2015-12 ROCKIN'JUMP T° 1411 SOUTH VILLAGE WAY _ 500 FEET 1"= 1000 FEET _ P L A N N I N G_ A N 0 B V I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 C-9 S Dealer Parking Ii :]4WILSHIRE P A L * INDUSTRIAL J .AVENUE.I N U 1 L < Volkswagen Saab 9G Parking 4 N O� kq ° ° O a p Va<ant Commonwealth Pre -Owned Audi DANDAN GURNfy OR' Volvo x d O Zcommonwealth VW 4 O BMW Jal Mini } Honda 0 U CUP 2015-12 ROCKIN'JUMP 4' 1411 SOUTH VILLAGE WAY P L A N N I N G A N D 8 U I L C I N G A G E N C Y LAND USE MAP EXHIBIT2 31 C-10 Industrial I LI\ Illy EDINGER AVENUE N U U S T fl m A L I N DUSTI IA L J/ } Honda 0 U CUP 2015-12 ROCKIN'JUMP 4' 1411 SOUTH VILLAGE WAY P L A N N I N G A N D 8 U I L C I N G A G E N C Y LAND USE MAP EXHIBIT2 31 C-10 CUP -2015-12 ROCKIN' JUMP INDOOR SPORTS FACILITY 1411 SOUTH VILLAGE WAY SITE PHOTO EXHIBIT 3 31 C-11 v I _ _ __ Wga t � n � �....-"` dVNR1Jab AtlM]3tlJ 95 a� t- 3 $ ik &R, i a�a �x sk � G7 3n:ranvuaauvewv � N x LU 3g z, w � �....-"` dVNR1Jab AtlM]3tlJ 95 a� t- 3 $ ik &R, i a�a �x sk � G7 3n:ranvuaauvewv � N EXHIBIT 5 31C-13 5 W W ti EXHIBIT 6 31C-14 LS 5.18.15 RESOLUTION NO. 2015-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2015-12 AS CONDITIONED TO ALLOW AN INDOOR SPORTS FACILITY IN THE McFADDEN PLACE/SPECIFIC DEVELOPMENT NO. 85 (SD -85) FOR THE PROPERTY LOCATED AT 1411 SOUTH VILLAGE WAY 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. 2015- 12 to allow an indoor sports facility in the McFadden Place/Specific Development No. 85 (SD -85) for the property located at 1441 South Village Way. B. Conditional Use Permit No. 2015-12 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 26, 2015. C. In 2013, AA No. 2013-02 was approved, establishing the McFadden Place/Specific Development (SD) No. 85 zoning district, which allows for a variety of industrial, commercial and recreational uses, including indoor sports facilities 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 community. The project will provide a service or facility which will contribute to the community. The facility is a commercial recreational facility that will provide additional recreational opportunities to residents and visitors of the City. Further, the business will provide additional employment opportunities for residents that live in the City. 2. 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. Resolution No. 2015-20 Page 1 of 5 31 C-15 The trampoline recreation and aerobic exercise facility will not be detrimental to persons residing or working in the area as the facility is located within an area of the City that is predominantly industrial in nature. Further, improvements will be made to the site that will bring the site into compliance with applicable disability act standards. Finally, conditions have been placed on the project that will mitigate any negative or adverse impacts created by the use that could otherwise affect the health, safety, or general welfare of the surrounding businesses. 3. That the proposed use will not 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 identify the site as a viable site to conduct business. The tenant space was previously vacant and is proposed to be occupied by a use that is consistent with the zoning for the property. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed to the parking lot that will bring the site into compliance with the Zoning Code. 5. That the proposed use will not adversely affect the general plan of the city of any specific plan applicable to the area of the proposed use. The project will not adversely affect the General Plan as the proposed use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the proposed indoor sports facility that promote a balance of land uses to address basic community needs, such as physical activity, and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of Resolution No. 2015-20 Page 2 of 5 31 C-16 capital investment. The project will include significant new investment and tenant improvements to a site that has remained vacant since the previous tenant relocated from the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located adjacent to one of the region's most significant corridors, the Costa Mesa Freeway, and conditions of approval will ensure that its operations will be compatible with the surrounding properties and businesses. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the repair, maintenance and permitting of existing structures that are consistent with the zoning and general plan designations. The proposed project involves occupying an existing building with a new tenant, without any square footage addition or building expansion. Categorical Exemption Environmental Review No. 2015-10 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves for the property located at 1411 South Village Way: Conditional Use Permit No. 2015-12, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow an indoor sports facility in the McFadden Place/Specific Development (SD) No. 85 zoning district. These decisions are 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 26, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015-20 Page 3 of 5 31 C-17 ADOPTED this 26th day of May, 2015 by the following vote: AYES: Commissioners: Alderete, Bauer, Gartner, Mill, Nalle (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Bacerra, Verino (2) ABSTENTIONS: Commissioners: None (0) James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 26, 2015. Date: Planning Commission Secretary City of Santa Ana 31 C-18 Resolution No. 2015-20 Page 4 of 5 EXHIBIT A Conditions for Conditional Use Permit No 2015-12 Should the Planning Commission approve Conditional Use Permit No. 2015-12, 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 Prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed improvements must conform to the Site Plan Review approval of DP No. 2015-4 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The site occupant shall be responsible for maintaining the premises free from graffiti and litter, including the side of the building adjacent to the Costa Mesa Freeway. All graffiti and litter shall be removed within 24 hours. B. Police Department 1. The existing building and required parking must conform with 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 projects lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Resolution No. 2015-20 Page 5 of 5 31 C-19 31 C-20 n 4 REQUEST FOR COUNCIL ACTION COUNCILCITY i 3: JUNE 16, 2015 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 {STATEGIC PLAN NO. 7} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2 n 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 Resolution No. 2001-065. By adopting termination date to June 30, 2016, and financial hardships resulting from acti military commitment. STRATEGIC PLAN ALIGNMENT adopted resolutions extending the termination date of the subject Resolution, the City Council will extend the continue to assist City employees and their families with ve duty service in connection with the continuing current Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6. Provide a positive workplace environment that supports the health of its employees and celebrates its success and Goals. 55A-1 Amendment to Resolution Number 2001-065 June 16, 2015 Page 2 of 2 FISCAL IMPACT Funds will be budgeted and made available for FY2015-16 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: Francisco Gutierrez q Executive Director Finance and Management Services Agency 55A-2 LR6/16/15 RESOLUTION NO. 2015 -XXX 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, 2016, 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, 2015. Resolution 2015 -XXX Page 1 of 2 55A-3 ADOPTED this 16"' day of June, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By ocana 42� Laura A. Rossini Senior 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. 2015-_ to be the original resolution adopted by the City Council of the City of Santa Ana on June 16, 2015. l Resolution 2015 -XXX Page 2 of 2 55A-4 Clerk of the Council City of Santa Ana REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY (STRATEGIC PLAN NO. 4, 1) CITY MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 09=1i1T/Alk ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt a Resolution approving the City's Investment Policy. 2. Receive and file the Annual Statement of Investment Policy. DISCUSSION City Staff annually evaluates its Investment Policy ("Policy') to determine compliance with applicable Federal and State regulations. In order to assess the City's Investment Policy ("Policy") is in alignment with best practices, the Policy was submitted to The Association of Public Treasurers of United States of America & Canada ("Association") in March 2014. On June 17, 2014, the City was awarded a Certificate of Excellence Award from the Association for its success in developing a comprehensive written investment policy in accordance with industry best practices. The provided Policy meets the criteria set forth by the Association's Investment Policy Certificate Committee. Additionally, the Investment Policy Certification Committee recommends recertification of City's policy annually if a material change is made within the document or every three years. The Finance and Management Services Agency annually is required to submit to the City Council a resolution approving the Policy and the Statement of Investment in accordance with State Law. 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. 5513-1 Annual Statement of Investment Policy June 16, 2015 Page 2 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. Staff will continue to evaluate the City's policy with industry standards and best practices to determine if any enhancements are required or newly adopted rules and regulations are required to be incorporated within the document. If as a result of staff's research and analysis additional substantive changes are recommended for next year's Annual Statement of Investment Policy then a re -certification of the policy by the Investment Policy Certification Committee of The Association of Public Treasurers of the United States & Canada will be requested. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal No. 4 City Financial Stability, Objective No. 1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. 'nr�� Francisco Gutierrez Executive Director / City Treasurer Finance & Management Services Agency Exhibit 1 Resolution Exhibit 2 Investment Policy Exhibit 3 Certificate of Excellence Award — Association of Public Treasurers of the United States & Canada WH 55B-2 RESOLUTION NO. 2015 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 16, 2015, 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. Exhibit 1 Resolution No. 2015 -XXX Page 1 of 2 55B-3 ADOPTED this day of 2015. APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: S& it — Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Miguel A. Pulido Mayor 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 mem Resolution No. 2015 -XXX Page 2 of 2 Clerk of Council City of Santa Ana 55B-4 14111 WW"k I_1 ANNUAL STATEMENT OF INVESTMENT POLICY JULY 2015 INTRODUCTION: This statement is intended to outline the policies for prudent investment of idle City funds by providing guidelines for suitable investments effective for fiscal year 2015-16 while maximizing the efficiency of the City's Cash Management Program. Under the direction of the Executive Director, Finance and Management Services / City Treasurer, the responsibility for the day-to-day investment of the City's funds is delegated to the Treasury and Customer Services 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: 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. Exhibit 2 55B-5 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 2 OBJECTIVES: 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 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. 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 is limited to 55B-6 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 3 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 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, Part 1, 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. 55B-7 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 4 B. Obligations issued by a Federal Agency or a United States Government Sponsored Enterprise. Federal Agency Issues by government-sponsored enterprises (GSEs) include, but are not limited to: FFCB (Federal Farm Credit Bank), FHA (Federal Housing Administration), FHLB (Federal Home Loan Bank Board), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), FICO (Financial Corporation), GNMA (Government National Mortgage Association), REFCORP (Resolution Funding Corporation), SLMA (Student Loan Mortgage Administration) and TVA (Tennessee Valley Authority). Although there 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 banker's 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 program wide credit enhancements including, but not limited to, over -collateralization, letters of credit, or a surety bond; has commercial paper that is rated "A-1" or higher, or the equivalent, by an NRSRO. Eligible 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 55B-8 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 5 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. 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 Securities Industry and Financial Markets Association (SIFMA) Master Repurchase Agreement (MRA) 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 one hundred two percent (102%) 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 are brought back up to one hundred two percent (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. I. 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, or 55B-9 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 6 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 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 Executive Director, Finance and Management Services / City Treasurer may waive, at his or her 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 Financial Industry Regulatory Authority (FINRA), or a member of a Federally regulated 55B-10 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 7 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 Executive Director, Finance and Management Services / City's Treasurer's staff shall investigate all institutions 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 Financial 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. INTERNAL CONTROLS: The Executive Director, Finance and Management Services / City Treasurer 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 / City Treasurer 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 / City Treasurer 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 / City Treasurer shall continue to render a report to the City Council, City Manager, and the internal auditor containing detailed information on all securities, 55B-11 CITY OF SANTA ANA STATEMENT OF INVESTMENT POLICY JULY 2015-2016 Page 8 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 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 / City Treasurer Finance & Management Services Agency WH 55B-12 ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA 2851 South Parker Road • Suite 560 •Aurora, CO 80014 Telephone: 720.248.2771 • Toll -Free: 866.681.2797 www.aptusc.org June 17, 2014 Francisco Gutierrez Executive Director of Finance and Management Services 20 Civic Center Plaza Santa Ana, CA 92702 Dear Mr. Gutierrez: The Association of Public Treasurers of the United States & Canada is pleased to present the City of Santa Ana with the Association's Investment Policy Certificate of Excellence Award. The members of the Association's Investment Policy Certification Committee congratulate your government for its success in developing a comprehensive written investment policy that meets the criteria set forth by the Association's Investment Policy Certificate Committee. A team of reviewers from the Investment Policy Certification Committee reviewed your Investment Policy and approved your entity's policy for the Certificate of Excellence Award. You are cordially invited to attend the APT US & C annual conference to receive your award. Plaques are presented by the President of the Association and the Chairperson of the committee. This year, the 49th Annual Conference will be in Salt Lake City, Utah from July 27`h through July 30, 2014. We hope you will be able to attend. If not, we will get your plaque to you after the conference. Once again, congratulations on creating an excellent investment policy and attaining this award. Sincerely, Roger Wisecup, CPA, CPFA, ACPFIM Investment Policy Certification Committee Chairperson Exhibit 3 55B-13 55B-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: PUBLIC HEARING — FISCAL YEAR 2015-16 CITY BUDGET {STRATEGIC PLAN NO. 4,2A) CITY MANR I fl *olo]tfdIT, l:4L1IINMI 99-1►1 CLERK OF COUNCIL USE ONLY: :••c• e ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating funds for the fiscal year commencing July 1, 2015. 2. Adopt a Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2015-16 through fiscal year 2021-22 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 3. Adopt a resolution to amend and reestablish the City's basic classification and compensation plans and rescind resolutions 2015-001 and 2015-008. DISCUSSION On June 2, 2015, the City Council was presented with the City Manager's proposed budget for fiscal year 2015-16. The proposed budget fulfills the City's purpose of providing quality service and enhancement of safety, livability and prosperity for our community. In alignment with the seven Strategic Plan goals of Community Safety; Youth, Education and Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana, the budget includes but is not limited to the following: increased library hours and materials, continued funding for recreational and leisure programs, enhanced public safety including seven additional police officer positions, and improvement of facilities through deferred maintenance on City owned properties and the continued planning and development of the Safe Mobility Santa Ana initiative. Additionally, the General Fund budget incorporates funding for reoccurring expenditures totaling approximately $2.5 million and carry -forward of unspent one-time funding from fiscal year 2014-15 of approximately $0.5 million for the five-year Strategic Plan which commenced July 1, 2014. The Strategic Plan provides funding for various programs and services including but not limited to a community policing survey, youth sports scholarships, Downtown Wayfinding, community 75A-1-1 Public Hearing — Fiscal Year 2015-16 City Budget June 16, 2015 Page 2 volunteer/internship program, and additional resources to increase the useful life of existing City infrastructure. Recommendations resulting from Council feedback and the Community Outreach meetings include but are not limited to the following: • Additional recreational programs ($165,000) • Joint -use deferred maintenance ($75,000) • Community Emergency Response Team program ($65,000) • Youth commission ($25,000) • Staffing needs for the implementation of the body camera program ($200,000); On June 2, 2015, the City Manager proposed the fiscal year 2015-16 budget, which resulted in additional recommendations from the City Council and constituents and have been included in the revised proposed budget included herein. The additional recommendations are as follows: • Downtown Wayfinding ($150,000) • Economic Development activities ($150,000) • Additional funding for City Clerk contractors ($50,000) • Proposed cost of living adjustment for City employees (up to $2,550,000). • Addition of Principal Planner ($164,000) and Senior Planner ($134,000) positions. • Adjustment of Personnel Services' workforce changes to exclude the addition of a Labor Relations Manager (-$220,000) and deletion of a Personnel Services Specialist ($72,500). Accordingly, workforce changes included in the City's fiscal year 2015-16 budget total an additional thirty six (36) positions and deletion of fifteen (15) positions for a net addition of twenty- one (21) positions. The workforce changes are also included in the fiscal year 2015-16 Budget Summary. Some of the major highlights include the addition of seven police officers, fulltime staff support for a Body Camera Program, two planner positions to facilitate the development process, addition of thirteen (13) positions in the Public Works Agency including three project managers for program and operational efficiency, and the addition of a Supervising Accountant for the development of an Internal Audit Program. As a result, the total annual City proposed budget for fiscal year 2015-16 is $476,515,630. The proposed budget incorporates all funded appropriations related to the following City funds: General Fund, Internal Service, Enterprise, Special Revenue, Community Development, and Capital Funds. The proposed 2015-16 General Fund budget is $225,813,258 and equates to approximately 47% of the total City proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. Capital Improvement Program The proposed City's Capital Improvement Program (CIP) for fiscal year 2015-16 totals $68,074,534. The CIP program includes the following initiatives: continued development of the Streetcar Project, traffic improvements including the Safe Mobility Santa Ana program, 75A-1-2 Public Hearing — Fiscal Year 2015-16 City Budget June 16, 2015 Page 3 improvements to playgrounds, park and recreation facilities, street improvements for various arterial streets, and significant funding in public utility improvements. To support the CIP, the Public Works Agency is recommending a total of thirteen (13) positions. The Seven -Year CIP of $211,525,225 from fiscal year 2015-16 to 2021-22 includes utilizing OCTA Measure M2 funding for street improvements over the next seven years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #2, (Provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (Adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT With approval of the proposed fiscal year 2015-16 budget, $476,515,630 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $225,813,258 will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: C� 1` ) Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Ordinance 2. Resolution w/exhibits 75A-1-3 75A-1-4 Qxs 05121115) 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, 2015 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 forthe fiscal year commencing July 1, 2015. B. In accordance with Section 606 of the City Charter, a public hearing has hien-held-upnn_said_proposed-twdget-af-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 budget of the City for fiscal year 2015-2016, commencing July 1, 2015, 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 2015-2016 City Budget", 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 2015-2016, the several amounts stated as proposed expenditures from said funds, respectively, in those columns of said Budget that are headed "FY 15-16". 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 509 of the Charter, except that as to any office, department, or agency of the Ordinance No. NS -2015 -XXX Page 1 of 3 75A-1-5 (Jx5 05/21/15) 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-amenlde�=b-y-thety-6ouncil 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, as set forth in the 2015-2016 City Budget. SECTION 8: Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2015. SECTION 9: The Clerk of the Council shall cause the title of this ordinance to be published as required by law. 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. Ordinance No. N&2015 -XXX Page 2 of 3 75A-1-6 Qxs 05/21/15) ADOPTED this day of June, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney o 0 By' /('/ Jos ndoval Chi f ssistant 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 2015, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: June—, 2015 Clerk of the Council City of Santa Ana Ordinance No. NS -2015 -XXX Page 3 of 3 75A-1-7 75A-1-8 RESOLUTION NO, 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND AND REESTABLISH THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS TO EFFECT CERTAIN CHANGES, AND TO RESCIND RESOLUTION NOS. 2015-001 AND 2015-008. 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 January 20, 2015, the City Council passed and adopted Resolution No. 2015-001, modifying, reestablishing and delineating the Basic Unrepresented Executive Management (EM). C. The City of Santa Ana's Basic Compensation and Benefit Plan for classes of employment designated as Unrepresented Executive Management (EM), is attached hereto as exhibit "A," and is made a part hereof. D. On February 17, 2015, the City Council passed and adopted Resolution No. 2015-008, amending and reestablishing the Basic Classification and Compensation Plan for all full-time and part-time classifications of employment, excepting Executive Management. E. The City of Santa Ana's Position Classification and Pay Plan for all full- time and part-time classifications of employment, is attached hereto as exhibits "B" through "I", and is made a part hereof. F. The City Council has amended and reestablished the Basic Classification and Compensation Plans on numerous occasions since adoption. G. With the adoption of the Annual Budget for Fiscal Year 2015-2016, 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, 75A-1-9 H, Aligned with the goals of restructuring the City's current Information Services organization to reflect a progressive and responsive structure that is focused on enhancing service delivery and reflects industry best practices, the City Manager proposes the City's IT Assessment Steering Committee recommendations to add the full-time classification title of Chief Technology Innovations Officer (EM) (see Exhibit A) in the Basic Compensation and Benefit Plan for classes of employment designated as Unrepresented Executive Management (EM), and to add the full-time classification title of Project Management Officer (AM) (see Exhibit E) in the Position Classification and Pay Plan, to advance the City's IT vision and support the Information Technology Strategic Plan (ITSP) 5 -year Roadmap. 1. To assist in focusing our resources towards programs and activities with the greatest potential to successfully achieve our budget vision and purpose, the Executive Director of Finance and Management Services proposes adding the full-time classification title of Budget Supervisor (AM) (see Exhibit E) in the Position Classification and Pay Plan. J. To increase communication and effectiveness with risk management, the Executive Director of Personnel Services proposes adding the full-time classification title of Risk Management Coordinator (UC) (see Exhibit B) to the Position Classification and Pay Plan, to provide a level of analysis and technical expertise beyond the scope of the City's current job classification assigned to coordinate liability claim investigation and resolution functions, insurance procurement and loss control activities. K. In order to enhance project and service delivery and achieve operating efficiencies through improved alignment between titles and evolving business processes throughout the Public Works Agency, the Executive Director of Public Works proposes adding the following full-time classification titles to the Position Classification and Pay Plan: 1. Community Liaison (see Exhibit F) will interface with the public and with property owners/occupants affected by infrastructure projects to ensure timely notification, substantive consideration of project impacts to commerce and quality of life, feasible mitigation of impacts, first point of contact for responsive review and resolution of public concerns relating to Public Works projects and programs; 75A-1-10 2. GIS Systems Analyst/Programmer (see Exhibit F) will collaborate to develop and implement Citywide Geographic Information Systems (GIS) standard operating procedures for recording and maintaining spatial data with reference to City assets, public infrastructure, and patterns of use and points/areas of interest to the general public, Council and staff. This position will also ensure data quality and timely updates and provide geospatial analysis for policy and project development and review; 3. Maintenance Enterprise Administrator (AM) (see Exhibit E) will participate in and oversee Maintenance Division organizational studies, budget development, administration and forecasting with broad responsibility for operational, fiscal, and human resources process optimization; 4. NPDES Manager (see Exhibit F) will coordinate intergovernmental relations, including permit terms and program funding, to ensure long- term alignment of City/Agency efforts with applicable mandates and community interest relative to the National Pollutant Discharge Elimination System (NPDES); primary point of contact and coordination for all phases of Public Works projects, relieving engineers of most project management duties and ensuring timely and efficient completion of Council -approved projects; 6. Safety Coordinator (see Exhibit F) will create and maintain safety - oriented loss minimization plans, identify and coordinate job, location and task -specific training to Public Works staff; deliver and/or coordinate safety training and report regularly to and collaborate with the City Safety � Committee on agency -specific and citywide opportunities for worker health and well-being through workplace safety; and, 7. Senior Water Services Supervisor (see Exhibit F) will oversee field maintenance personnel and activities for Water and Sewer systems service, maintenance, and improvement. L. In keeping with the City's practice to assign job titles that reflect the duties and responsibilities of the classification, and are consistent with other classifications within the City's organization structure, the Executive Director of Finance and Management Services recommends job classification titles in Fleet Services be changed, with no change in 75A-1-11 compensation, in the Position and Classification Pay Plan (See Exhibit F) as follows: 1. Fleet Equipment Supervisor to Fleet Services Supervisor; 2. Fleet Equipment Technician I to Fleet Services Technician I; 3. Fleet Equipment Technician II to Fleet Services Technician II; 4. Fleet Equipment Technician III to Fleet Services Technician III; and, 5. Senior Fleet Equipment Supervisor to Senior Fleet Services Supervisor. M. In keeping with the City's practice to assign job titles that reflect the duties and responsibilities of the classification, and are consistent with other classifications within the City's organization structure, the Executive Director of Parks, Recreation and Community Services recommends job classification titles in Park Services be changed, with no change in compensation, in the Position and Classification Pay Plan (See Exhibit F) as follows: 1. Park Maintenance Inspector I to Park Services Inspector I; 2. Park Maintenance Inspector II to Park Services Inspector II; 3. Park Maintenance Supervisor to Park Services Inspection Supervisor; and, 4. Senior Park Maintenance Supervisor to Senior Park Services Inspection Supervisor. N. In keeping with the City's practice of assigning job titles that reflect the duties and responsibilities of the classification, and are consistent with comparable job titles in the current labor market, the Interim Community Preservation Manager recommends the Community Preservation Division of the Planning and Building Agency be renamed the Code Enforcement Division and that the job classification titles in that division be changed, with no change in compensation, in the Position and Classification Pay Plan as follows: 1. Community Preservation Coordinator to Code Enforcement Coordinator (see Exhibit E); 2. Community Preservation Inspector to Code Enforcement Officer (see Exhibit F); 3. Community Preservation Manager to Code Enforcement Manager (see Exhibit E); 75A-1-12 4. Community Preservation Technician to Code Enforcement Technician; and (see Exhibit F); and, 5. Senior Community Preservation Inspector to Code Enforcement Supervisor (see Exhibit F). O. In keeping with the City's practice of assigning job titles that reflect the duties and responsibilities of the classification, and are consistent with comparable job titles in the current labor market, while ensuring that the compensation properly aligns with the compensation of other middle management classifications in the City and in the labor market, the Executive Director of Personnel Services recommends changing the job classification title of Information Services Manager (MM) to Information Services and Network Manager (MM) and adjusting the compensation (see Exhibit E). P. It is now desired to rescind Council Resolution Nos. 2015-001 and 2015-008, reestablish the City's Basic Classification and Compensation Plans, and affect the aforementioned changes. Section 2. That Resolution Nos. 2015-001 and 2015-008, as amended, are hereby rescinded in their entirety. Section 3. This Resolution is operative from and after July 1, 2015. ADOPTED this 16th day of June, 2015. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 122,ai Sonia Carvalho Miguel A. Pulido Mayor 75A-1-13 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. 2015-_ to be the original Resolution adopted by the City Council of the City of Santa Ana on June 16, 2015. Date: 75A-1-14 Clerk of the Council City of Santa Ana EXHIBIT A THE BASIC COMPENSATION AND BENEFIT PLAN FOR CLASSES OF EMPLOYMENT DESIGNATED AS UNREPRESENTED EXECUTIVE MANAGEMENT (EM). Unrepresented Executive Management (EM) Basic Compensation and Benefit Plan Effective July 1, 2015. Section 1. Executive Management (EM) Classifications and Compensation Plan. A. Unrepresented Executive Management (EM) EmDlovee Classifications Assistant City Manager (EM) CHIEF TECHNOLOGY INNOVATIONS OFFICER 711/15 Deputy City Manager (EM) Police Chief (EM) Executive Director of Community Development (EM) (EM) — NEW TITLE EFFECTIVE Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Personnel Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) Special Assistant to the City Manager (EM) B. Schedule of Salaries. A schedule of salaries showing salary rate ranges for classifications of employment designated as unrepresented Executive Management (EM), is attached hereto as attachment "I" and made a part hereof as though set forth in full herein. The schedule for unrepresented Executive Management (EM) classifications and effective dates is listed as follows: Assistant City Manager (EM) CHIEF TECHNOLOGY INNOVATIONS OFFICER (EM) Deputy City Manager (EM) Police Chief (EM) Executive Director of Community Development (EM) Executive Director of Finance and Management Services (EM) Executive Director of Parks, Recreation and Community Services (EM) Executive Director of Personnel Services (EM) Executive Director of Planning and Building Safety (EM) Executive Director of Public Works (EM) 75A-1-15 Salary Schedule EM -39 02/01/2015 EM -35 07/01/2015 EM -41 02/01/2015 EM -47 02/01/2015 EM -33 02/01/2015 EM -37 02/01/2015 EM -37 02/01/2015 EM -33 02/01/2015 EM -42 02/01/2015 EM -38 02/01/2015 Special Assistant to the City Manager (EM) EM -37 02/01/2015 The unrepresented Executive Management (EM) salary schedule contains numerous salary rate ranges, each range comprised of fifteen (15) separate rates of pay shown in monthly amounts. The rate ranges are Identified by a two -digit number preceded by the capital letters "EM" for Executive Management. The separate rates of pay or steps within each salary rate range are identified by the numbers "1" through "15" inclusive, with Step "1" being the lowest or minimum rate of the range, Step "8" the middle or midpoint rate of the range, and Step "15" being the highest or maximum rate. Terminal Classifications. The capitalized letter "T" shown within parenthesis (i.e., (T)] next to a classification title signifies a position classification that has been designated as "terminal" by formal City Council action and, as such, will be deleted from this classification and compensation plan for unrepresented Executive Management (EM) classifications of employment when vacated by its last remaining incumbent. No new appointment may be made to a classification that has been designated as terminal. Section 2. Special Pay Additives and Additional Compensation Provisions. Bilingual Skill Pay. Qualified employees who are assigned to positions involving the regular and frequent use of bilingual skill in both English and either Spanish, Vietnamese or any other language designated by the City Manager will be paid in the highest amount as available to represented management employees. Incumbents of positions where bilingual proficiency is essential to the performance of duties and responsibilities of a critical and/or emergency nature, or of positions where bilingual public contact is a major, essential or integral element of the work being performed, will be paid in the highest amount as available to represented management employees. Section 3. Administration and Applicability of the Compensation Plan A. Unless specified otherwise herein, unrepresented Executive Management (EM) employees will be subject to the same changes in compensation plan provisions, including but not limited to, sick leave maximum accrual; bereavement leave; holidays; longevity vacation cash out; health and dental insurance; access to participation in the City's Vision Plan; retirement; Retirement Health Savings Plan; and work week schedule, as provided in the highest amount as available to represented management employees on or after January 1, 2015. B. Compensation Plan Implementation. Upon implementation of the basic salary schedule set forth In Sub -section 1.13, of this Resolution, a current incumbent of an Executive Management (EM) classification listed herein above will be placed at the monthly rate in the assigned salary rate range which matches the incumbent's assigned base monthly salary rate on the day preceding the effective date of this Resolution. C. Hiring Pay Policy. A newly hired Executive Management (EM) employee will be compensated at a monthly rate within the lower third of the salary range (Steps 1 through 5) for his/her job classification as authorized by the appointing authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicates a higher rate would be in the City's best interest, 75A-1-16 the City Manager may authorize compensating the new employee within the middle third of the salary range (Steps 6 through 10) but the higher starting salary will generally not be above Step 8. D. Rates of Pav for Temporary and Part -Time Work. When an employee is hired in an Executive Management (EM) classification on a temporary basis, which is defined as employment with an anticipated duration of less than six (6) months, or an employee is hired in an Executive Management (EM) classification on a part-time basis, which is defined as employment of forty (40) hours or less per semi-monthly pay period, the employee will be paid at a rate per hour for actual time spent in the duties of his or her employment. Rate per hour will be computed to the nearest whole cent by dividing the classification's standard monthly rate of compensation by 173.33. A computation resulting inexactly one-half (1/2) cent will fix the rate at the next higher whole cent. E. Service. The word "service" as used in this Resolution will be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Employees hired after the first (1st) working day of the month will not be credited with "time in service" for that month when determining the length of service required for salary step advancement. A lapse of service by an Executive reason of resignation, quit, or discharge, will serve to eliminate the accumulated length of service time of such employee for the purpose of this Resolution. P. Appointment or Promotion of Current Employee. An employee who is appointed or promoted to an Executive Management (EM) classification from a represented management or non -management classification of the City service will be placed at a salary rate in the Executive Management (EM) salary rate range which provides a minimum of a five percent (5%) pay increase. G. Reduction in Pay. An Executive Management (EM) employee may receive a reduction in salary on the basis of unsatisfactory work performance, conduct or other reasons at the discretion of the City Manager. H. Temporary Upgrade to an Executive Management (EM) Classification. Regular employees of the City who are incumbents of classes of employment not included in this Resolution and who are temporarily upgraded to an Executive Management (EM) classification will receive a five percent (5%) increase or the minimum rate of the Executive Management (EM) salary range, whichever is higher, in accordance with current upgrade provisions. I. Reallocation of Salary Rate Ranges. When an employee is in an Executive Management (EM) classification which is reallocated from the current salary rate range to a different salary rate range, the employee will retain the same salary step he or she held prior to the reallocation. The employee will retain credit for length of service in such salary step towards advancement to the next higher salary step. 75A-1-17 J. Y-Rating. In special circumstances the City Manager may approve compensating an employee in excess of the salary range of the classification to which he or she is assigned by "freezing" the employee's salary at the current rate. In such cases, incumbents will not receive step increases or current and future general "across- the-board" salary adjustments scheduled for other classes until the salary level is equal to or greater than the "frozen" salary for the assigned classification. K. Z-Rating. A Z-Rate is a special salary rate established by the City Manager which allows an employee who has been reclassified to a classification at a lower salary rate range to be paid at a rate of pay higher than that assigned to his or her reclassified position title for a specified transition time period. Section 4. Health and Welfare Benefits. The following optional insurance benefits available to Executive Management (EM) employees are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125. The City will contribute to the cafeteria plan in the highest amount as available to represented management employees. Since the City contracts with CalPERS for medical insurance, the amount described above will include the CalPERS statutory minimum paid by the City. A. Medical insurance. Eligible Executive Management (EM) employees may select any of the medical insurance plan options offered by CalPERS. B. Dental insurance. Eligible Executive Management (EM) employees will have the ability to select either an HMO or PPO dental insurance plan. C. Vision insurance. Eligible Executive Management (EM) employees will have the ability to select vision insurance coverage through the City's insurance provider. D. Cash-in-Lieu of Benefits. Executive Management (EM) employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt-out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan. E. Employee Contributions for Benefits. If an Executive Management (EM) employee chooses optional benefits whose aggregate premium cost exceeds the maximum City Contributions to the Cafeteria Plan, the City will automatically deduct the excess premium amount on a pre-tax basis from the employee's regular paycheck. F. Disability Insurance, The City will pay one hundred percent (100%) of the premium cost for a long-term disability insurance plan under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees a monthly benefit of sixty-six and two-thirds percent (66 2/3) of base monthly salary (insured payroll), less offsets contained in the existing plan, to a maximum monthly benefit of $5,000. 75A-1-18 G. Life Insurance and Accidental Death & Personal Loss (AD&PL). The City will pay one hundred percent (100%) of the premium cost for term life and AD&PL insurance coverage under the policy it maintains on behalf of its employees in order to provide Executive Management (EM) employees with life and AD&PL insurance coverage in an amount equal to three times the employee's annual rate of salary to a maximum of $300,000 provided Executive Management (EM) employees can provide evidence of insurability for coverage above $150,000 if so required by the terms and conditions of said term life and AD&PL insurance policy. In the event an Executive Management (EM) employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at a reasonable cost without having to provide evidence of insurability. Section 5. Leave Accruals and Cash -Out Provisions. A. Paid Holiday Time Off. Executive Management (EM) employees are not required to appear for work, except in emergencies, and will receive payment at his or her current base salary rate for the following twelve (12) holidays during each year: January 1st; third Monday in January; third Monday in February; last Monday in May; July 4th; first Monday in September; November 11th; Thanksgiving Day and the day Day (unless Christmas Day falls on Thursday, in which instance the day following Christmas Day will be observed) and one (1) floating holiday. Any holiday which falls on Sunday will be observed on the following Monday and any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. B. Vacation Time Off. Executive Management (EM) employees will be granted regular and longevity paid vacation leave on the same basis as provided to represented employees of the City, with the exception that such affected employees will be granted: 1. Regular vacation with pay at the annual rate of fifteen (15) working days for each of his or her first and second completed year of service. 2. An additional five (5) working days per year over the regular and longevity vacation accruals applicable to represented employees of the City. Affected Executive Management (EM) employees must take at least five (5) consecutive days of vacation leave each year. C. Longevity Vacation Credits for Newly -Hired Executive_ Management (EM) Employees. The City Manager is authorized to grant to a person newly hired by the City to a position designated as Executive Management (EM), longevity vacation credits in the form of years of service to the City up to a maximum of 20 years. The credits will be counted as completed years of service with the City for the purpose of calculating longevity vacation accrual only. The longevity vacation credits will be added to the years of service actually completed with the City of Santa Ana by the employee to establish total years of service for the purpose of calculating longevity vacation. 75A-1-19 D. Longevity and Vacation Pay Option. Once per fiscal year, Executive Management (EM) employees will be given the option to receive cash compensation, computed on a straight time basis, in lieu of up to five (5) working days of earned, unused vacation benefits set forth in Section B. E. Sick Leave Credits for New Hires. The City Manager is authorized to grant a newly appointed Executive Management (EM) employee sick leave credits up to an amount equal to any earned but unused sick leave credits available to such appointee at the time of his or her separation from his or her most recent previous employer. F. Payment for Unused Sick Leave. Executive Management (EM) employees will be granted payment for unused sick leave on the same basis as provided to Santa Ana Management Association (SAMA) represented employees of the City. G. Paid or unpaid Administrative Leave Policy. The City Manager is authorized to grant, at his or her discretion, paid or unpaid leave for Executive Management (EM) employees. Section 6, Retirement Plan Contributions. A. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits of Executive Management (EM) employees covered by this Resolution are incorporated by reference herein. The City will make contributions to CaIPERS in accordance with its contract with CaIPERS for employees covered by said contract as amended. B. 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Miscellaneous Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% at 55 Service Retirement benefit, C. Payment of 2.7% at 55 Service Retirement Benefit. Classic Miscellaneous Executive Management (EM) employees covered by this Resolution will contribute eight percent (8%) of CaIPERS reportable compensation toward the employer cost of the 2.7% at 55 enhanced retirement formula. This payment will be implemented as cost- sharing pursuant to Government Code Section 20516(f). Pre -Taxable Benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this eight percent (8%) employee contribution will be implemented through payroll deductions on a pre-tax basis. D. 2.0% at 62 Service Retirement Benefit for New Miscellaneous Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.0% at 62 Service Retirement benefit. E. Payment of 2.0% at 62 Service Retirement Benefit. Executive Management 75A-1-20 (EM) employees defined in 6.D. (above) will contribute at least 50% of normal cost of the 2.0% at 62 retirement benefit. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. F. 3% at 50 Service Retirement Benefit for Classic Safety Members. The City agrees to provide Executive Management (EM) employees covered by this Resolution, and who are defined as Classic Safety Members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 3% at 50 Service Retirement benefit. G. Payment of 3.0% at 50 Service Retirement Benefit. Classic Safety Executive Management (EM) employees covered by this Resolution will contribute nine percent (9%) of CalPERS reportable compensation toward the employer cost of the 3.0% at 50 enhanced retirement formula. This payment will be implemented as cost-sharing pursuant to Government Code Section 20516(f). Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, this nine percent (9%) employee contribution will be implemented through payroll deduction on a pre-tax basis. provide Executive Management (EM) employees covered by this Resolution who were appointed to their classification on or after January 1, 2013, and who are defined as new members under the California Public Employees' Pension Reform Act (PEPRA) of 2013 (AB340), with the 2.7% @ 57 Service Retirement benefit. I. Payment of 2.7% at 57 Service Retirement Benefit. Executive Management (EM) employees defined in 6.H. (above) will contribute at least 50% of normal cost of the 2.7% at 57 retirement benefit. Pre -Taxable Benefit. To the extent permitted by CalPERS and Internal Revenue Service regulations, the City will make the above employee deductions pre-tax contributions. J. Final Compensation for Pension Calculation. Final compensation for Classic Safety and Classic Miscellaneous Members will be based on the highest annual average compensation earnable during the 12 consecutive months immediately preceding the effective date of his or her retirement, or some other 12 consecutive month period designated by the member. Final compensation for Safety and Miscellaneous Members who are defined as New Members under PEPRA will be based on the highest annual average compensation earnable during the 36 consecutive months immediately preceding the effective date of his or her retirement, or some other 36 consecutive month period designated by the member. K. Military Service Credit as Public Service. An Executive Management (EM) employee covered by this Resolution will be permitted to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to 75A-1-21 employment. The cost to purchase this service credit is subject to CalPERS Regulations and calculated using a present value method. L. Deferred Retirement for Classic Safety and Classic Miscellaneous Members as defined in Section B and F (above. The City will continue to make payments to CalPERS on behalf of each eligible affected employee in an amount necessary to pay one hundred percent (100%) of his or her individual retirement contribution which is equal to eight percent (8%) of reportable compensation for Classic Miscellaneous Members and nine percent (9%) for Classic Safety Members. Such payments will be credited to the individual employee's CalPERS account. Such payments are not an increase in base salary and no salary rate range applicable to any of the employees covered by this Resolution will be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and thus will not withhold federal or state income tax from said payments. The City previously received a ruling from the Internal Revenue Service confirming that such payments are deferred compensation and not ordinary income. In the event that the City receives a new ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments will discontinue and in place thereof the reportable compensation of each Classic Miscellaneous Member eligible for the 2.7% at 55 Benefits Formula will be increased by eight percent (8%) and each Classic Safety Member eligible for the 3% at 50 Benefits Formula will be increased by nine percent (9%). For the purpose of reporting an employee's compensation to CalPERS, the City will include these payments as if they were a part of the employee's reportable compensation. Section 7. Tuition Reimbursement. Executive Management (EM) employees are eligible to participate in the Training and Education Assistance Program provided for all regular, full-time employees of the City. Reimbursement will be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks and related material for each course. Maximum tuition reimbursement will be paid in the highest amount as available to other represented employees. Section 8. Medical Retirement Subsidy Plan, A. The City's current annual contribution towards the Medical Retirement Subsidy Plan for Executive Management (EM) employees covered under this Resolution is 1.75% of the base salary, which is based on the first payroll period in October and deposited no later than October 31't of each year. B. The plan will be administered by the City, at no cost to Executive Management (EM) employees pursuant to the written directives of Executive Management (EM) employees. The funds contributed by the City will be maintained in such a manner as to ensure that the funds are invested in a reasonably secure plan that bears a reasonable rate of interest/growth given current financial markets. For purposes of this Resolution, 75A-1-22 investments made pursuant to the then current Statement of Investment Policy for the City of Santa Ana, will be deemed to meet the requirements of this section. This program is for medical insurance premium reduction only. C. Effective November 28, 2011, the City adopted a resolution authorizing implementation of the "Vantage Care" Retirement Health Savings Plan (RHS), which designated ICMA-RC as the administrator of the plan. 1. The City agrees to amend the current contract with ICMA-RC to allow unrepresented Executive Management (EM) employees to participate in the Retiree Health Savings Plan upon approval of the majority of Executive Management (EM) employees. 2. Upon establishment of the RHS and adoption of the RHS plan by Executive Management (EM) employees, and upon instructions from Executive Management (EM) employees the City's annual contribution of 1.75% deposited in the Medical Retirement Subsidy Plan will cease. Concurrently with said cessation, the City will increase the base pay of each Executive Management (EM) employee by 1,25% with said amount being deposited into employees' individual RHS accounts each pay period. This 1.25% increase in base is In -lieu of the Annual City Contribution of 1.75% paid to the Medical Retirement Subsidy fund in October each year. 3. If said RHS Plan is established after the annual payment of 1.75% into the existing Medical Retirement Subsidy plan has been made, the salary adjustment and deposit into the RHS of the 1.25% described in paragraph 8.C.2. above will be effective July 1, 2015, 4, Upon approval to participate in the RHS, Executive Management (EM) employees will determine how the existing Medical Retirement Subsidy Plan funds will be distributed among its membership and, if applicable, its retired members. Executive Management (EM) employees will dissolve the existing Medical Retirement Subsidy plan by June 30, 2016, unless said deadline has been extended by mutual agreement of Executive Management (EM) employees and the City. Section 9. Auto Allowance. With the exception of the Police Chief who receives a City vehicle, the City will contribute five hundred dollars ($500) per month to each Executive Management (EM) employee to offset reasonable and necessary expenses for the operation, maintenance and insuring of an automobile. In lieu of receiving five hundred dollars ($500) per month, the employee may request and be provided with an optional vehicle. This provision is in accordance with and as specified in Section 2-300, Division 1, Article IV, Santa Ana Municipal Code. Section 10. Deferred Compensation. The City has established and maintains a deferred compensation plan pursuant to the provisions of Section 457(b) of the Internal Revenue Code. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into the City's 457(b) plan a portion of his or her compensation up to the maximum amount permitted by law. 75A-1-23 The City is desirous of establishing a 401(a) deferred compensation plan. As permissible by law the City will establish a 401(x) deferred compensation plan at a future date. Executive Management (EM) employees covered under this resolution, at his or her sole discretion, may defer to have deposited into said 401(a) plan upon its establishment a portion of his or her compensation up to the maximum amount permitted by law. All contributions into the 457(b) and 401(a) plan are voluntary employee contributions and will meet the requirements of the Internal Revenue Code. Evaluation System. The provision of the unrepresented Executive Management (EM) performance-based evaluation system are as follows: 11.1 Purpose. The basic purpose of the performance-based evaluation system is to help attract, retain and motivate highly competent Executive Managers and to provide them with a strong incentive to excel. 11.2 Specific Compensation Determination. A. The City Manager is hereby given the authority to set the individual compensation, to make adjustments thereto and to make appointments at any salary within the established range for all executive positions except the City Manager, the City Attorney, and the Clerk of the Council, which will be made by the City Council. B. The City Manager will establish performance criteria and appraisal guidelines to be utilized in setting individual compensation for Executive Management (EM) employees. C. After the salary of an employee has been first established and fixed under this plan, salary advancement through the remaining steps of the 15 -step salary rate range will be based on the results of an annual performance evaluation. 11.3 Evaluation System Components. The evaluation system will be comprised of the following components: A. Annual Objectives. The system will include a list of outcome -based, measurable objectives to be achieved which have been mutually agreed upon between the appropriate appointing authority and each individual manager subject to his or her authority. A relative weight will be assigned to each objective listed with a minimum weight of 10% and all must total 100%. B. Managerial Behaviors. In addition to his or her performance in achieving agreed upon objectives, each Executive Manager will also be evaluated for his or her managerial behavior performance, including such behavior as communication (oral or written), analysis and problem solving, decision-making and judgment, planning and organization, management control, leadership, interpersonal relations, time - management, technical knowledge, handling of stress, etc. 75A-1-24 11.4 Performance Evaluation Guidelines. A. The City Manager will annually evaluate the performance of each of his or her Executive Management (EM) employees annually to determine their individual eligibility for a performance increase and how much, if any, increase will be given. Such annual performance evaluation will occur once a year and will cover the twelve month period preceding that date. Additionally, at least one informal mid -year progress review will be held between the City Manager and each of his or her Executive Management (EM) employees. B. Performance Ratings, Each manager's performance in relation to his or her agreed upon annual objectives and managerial behaviors will be evaluated according to the following performance rating scale: Point Rating Performance Levels Significantly Exceeds Expectations: Consistently exceeds all objectives requirements and expectations by a wide margin. Exceeds Expectations: and exceeds several. Meets Expectations: Meets objectives and requirements. Below Expectations: Fails to meet some objectives and requirements. -1 Unacceptable: Performance required. is significantly below the minimum 11.5 Performance -Based Salary Adjustments, Each Executive Management (EM) employee may be eligible to receive an annual performance-based, in -range salary increase and/or one-time monetary payment based on a percentage of current annual rate of base salary, or be subject to a performance-based salary reduction, in accordance with the following: A. For overall performance rated as "Significantly Exceeds Expectations," either step increases or one-time monetary payment or a combination of step increases and one-time monetary payment not to exceed seven and one-half percent (7.5%) in toto. B. For overall performance rated as "Exceeds Expectations," either step increases or one-time monetary payment or a combination of a step increase and one- time monetary payment not to exceed five percent (5%) in toto. 75A-1-25 C. For overall performance rated as "Meets Expectations," a one-time monetary payment in an amount up to but not to exceed two and one-half percent (2.5%) of current annual rate of base salary or advancement of one step (2,5%) within the salary rate range. D. For overall performance rated as "Below Expectations," no performance salary increase or monetary incentive payment. E. For overall performance rated as "Unacceptable," no performance salary increase or monetary incentive payment. Additionally, any Executive Management (EM) employee who has received such a rating and who is being paid at a step higher than the minimum rate of the salary rate range, may be reduced by one or more steps at the discretion of the City Manager. F. Application of Guidelines. 1. If an Executive Manager who is recommended for a performance increase is at the maximum of his or her salary rate range, then the entire performance increase must be awarded the equivalent amount in a one-time monetary incentive payment. 2. Any one-time monetary incentive payment granted under this plan is not an increase in base salary and no salary rate range applicable to any management employee covered by this Resolution will be changed or deemed to have been changed by reason of such payment. 3. The City Manager will be responsible for the development and administration of detailed administrative procedures and guidelines for the consistent and effective application of the unrepresented Executive Management (EM) performance-based evaluation system. Such procedures and guidelines will define how performance objectives, measures and standards are developed; when and how performance reviews are to be carried out; how performance component ratings and composite ratings will be scored; and how performance salary increase and monetary incentive payment options are to be exercised. Section 12. Miscellaneous Provisions A. Catastrophic Leave Donation, Executive Management (EM) employees will be eligible to donate and receive catastrophic leave donations as provided to all other represented employees. B. Electronic Device Stipend. Executive Management (EM) employees who use their own personal electronic devices for City business in lieu of receiving a City owned device will be eligible to receive a stipend at a level matching that received by SAMA employees. C. Other Unrepresented Executive Management (EM) Employee Rights and Privileges. Each employee in a classification of employment designated in Sub -section 1.A. of this Resolution as unrepresented Executive Management (EM) will continue to 75A-1-26 enjoy the same rights and privileges to which they were entitled under Resolution 91- 066 unless otherwise amended, altered or eliminated herein. 75A-1-27 75A-1-28 N N F- W m W N to M N O O N N h h M W N m h th V M cc�� N h m M h N M N M N N M N W N h m Q W W N V h tli0 N N N O M h O 0 O O O O N N N N m CJ V V d' N N to N M W- - M W W M- N N r r .Y-- .N ^ W M N h M 0 W to N M N O O N N f - W W N O h N V M a to N O m h N W N m N N M to M N h M O m W h M N d' 1- O) N N M V tom- Q M h 0 d' 1- N N O S m d' M M O> M O O O O M d' In N N W W 1 W W W O 0 N r T r aN- vv .M r r 0 M Ol to M W M M M M 1- h N N h M M W to N M N O O N N- M M to M N N M N M N I`, m o m N M h , toN h W W W m m m Oh N O O O O N N N M M M dO d 0 to M W h T r r r r r- .- ,- r a- Y T r T T O M W N N N h M M W N N M N O O N N W N m h N d' M cv�NVi}T M h� W m 1- N W to M N N M In M N h M O N M W O O O O d d' 7 to N 4 W m W m ONS r r T r r r ` - vN- r r r .tr- r T .W- aO .h- � r Q O C T T W O M OJ N M M O) N M h C N h N N h W O W N N M N O O N DE N N W (p N W N O h N V M to Q M h N W N M M N N N M M h N M N N O h M W I W O m Nh O M O O) M D7 O V O h O 0 O N N W T c N � N T O F M M h M O d' of d' f� d' N .- N 10 lary (p (p � r M m W [q v LO 1Or W ( O M M to M W O M M M h h N N h CO M M N N M N O O O N N M h W N W N QI h to a} M o h d) M h N W N M N N M M 1- N W N O h �T Z C N N W W O O) N O) V 6S O O) d) O d' O h Q OJ O- N N r W N d' h O mr m h O d� tr{ h o N N M W W c N ti M W W N r T T T r r { T` rN- U N ip N W M O fND M fW0 N 6Wi tom- uMJ 7 N to N m M r N W M M 7 N M toto W N N N N NY M r M d' d' c{ N to N W ID � c M Q W (0 G M O O to W O M W N M M M M M M h h N N h M M W N N M N M W O N m ti m N in W M V M1 1 M r O Nd� N MN M M N M ttoo d' h N d' N hM t T T r T r r r r r 7 M O N M W M M M M h h N N h M m M N N M N N U M N M N O N N W d' h W O Y N W d' N h, N O h N N N V M M 'd' V N h h O 0 M M h h N W N m N N m N M M h N W M W W OS O) m OS O) O O O O- m m d' er N N N M M 1- UX 0 T Y Y r T r W O W M M h h N N 1- W M W N N M 6S m to M O N d' h W N h O) N N W h W W W M O) W O) W Q O 0 O O O T r N N N N N M M m d' d' d' N N N W N O M O N M M Q W m M h h N N h M m M N N MW In N in M to N N r ti W W N Qi m m W 0 0 0© N N N M M Ch'J dam' dh' N to (MO M M m M M M h h N h W 0) W N O M W h h M O O N N W (p M N M h to eY M d' N h O M h N M N M N N N M M V V to N r r ti W W W W m ONi m Ohl TSS O T O Y O T O Y r T cN- T TM r N th'l dh' to o O hM h M lOo W O IppIso WW m tN(S W M V h O M Mh O Nd h N to a N h N N N 6 I V M M M n N W M N O W M h h M O O N N W M M N h dd� to I� In, O 4d'� O N d t� 1W1.� O h M W M OM O N a h N N dW' N m N to WW M ^ O M F- O d h h h h I^ h W W W W m [A m Q O O Q O O T T N N N M M M '1 d' d' O N M 7 N M h M 0 ON M yy N W h W m O N M 'eY N W h� W O O N N NN N N N N N N M M CM Co M M M M M M W Lu Gc uG wL w uj rC w L ui L W rL `IJ W W� 2 W UJ W W WL .W W W W W Lij W W W W W W W W W W W I W W W W W W W W W LW W W W W W W W W 75A-1-28 EXHIBIT B CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) 75A-1-29 6 -STEP SALARY RATE RANGE EFFECTIVE 10/01/14 SRR* Monthly Salary CLASSIFICATION TITLE Minimum - Maximum BUDGET AIDE (UC) 642 $4847 - $6186 BUDGET ANALYST (UC) 668 $5502 - $7024 COUNCIL SERVICES SECRETARY (UC) 589 $3741 - $4777 EXECUTIVE ASSISTANT (UC) 645 $4919 - $6278 EXECUTIVE SECRETARY TO THE POLICE CHIEF (UC) 620 $4350 -$5557 FINANCE EXECUTIVE SECRETARY (UC) 616 $4268 - $5449 FINANCIAL ANALYST (UC) 663 $5370 - $6853 LEGAL OFFICE ASSISTANT (UC) 544 $3002 - $3831 LEGAL SECRETARY (UC) 588 $3722 - $4753 LIABILITY CLAIMS -PROCESSOR (UC) 59'.x$351 8 LOSS CONTROL ANALYST (UC) 663 $5370 - $6853 LOSS CONTROL TECHNICIAN (UC) 642 $4847 - $6186 MANAGEMENT AIDE (UC) 642 $4847 - $6186 MANAGEMENT ANALYST (UC) 668 $5502 - $7024 MANAGEMENT ASSISTANT (EXEMPT) (UC) 668 $5502 - $7024 PARALEGAL (EXEMPT) (UC) 623 $4415-$5639 PAYROLL SYSTEMS ANALYST (UC) 708 $6689 - $8536 PAYROLL TECHNICIAN (UC) 622 $4393 - $5611 PERSONNEL ANALYST (UC) 663 $5370 - $6853 PERSONNEL EXECUTIVE SECRETARY (UC) 610 $4142 - $5291 PERSONNEL SECRETARY (UC) 589 $3741 - $4777 PERSONNEL SERVICES RECEPTIONIST (UC) 571 $3423 - $4371 PERSONNEL SERVICES SPECIALIST (UC) 581 $3594 - $4590 PERSONNEL TECHNICIAN (UC) 622 $4393 - $5611 POLICE PERSONNEL SERVICES SPECIALIST (UC) 602 $3984 - $5089 RISK MANAGEMENT COORDINATOR (UC) - NEW TITLE EFFECTIVE 7/1/15 648 $4930 - $6291 RISK MANAGEMENT TECHNICIAN (UC) 622 $4393 - $5611 SECRETARY TO THE CITY MANAGER (UC) 666 $5449 - $6955 SENIOR BUDGET ANALYST (UC) 697 $6338 - $8089 SENIOR FINANCIAL ANALYST (UC) 707 $6656 - $8494 SENIOR LEGAL MANAGEMENT ASSISTANT (EXEMPT) (UC) 697 $6338 - $8089 SENIOR LEGAL OFFICE ASSISTANT (UC) 571 $3423 - $4371 SENIOR LEGAL SECRETARY (UC) 610 $4142 - $5291 SENIOR MANAGEMENT ANALYST (UC) 697 $6338 - $8089 SENIOR MANAGEMENT ASSISTANT (EXEMPT) (UC) 697 $6338 - $8089 75A-1-29 EXHIBIT B Corl CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE CONFIDENTIAL ASSOCIATION OF THE CITY OF SANTA ANA (CASA) CLASSIFICATION TITLE SENIOR PARALEGAL (EXEMPT) (UC) SENIOR PAYROLL TECHNICIAN (UC) SENIOR PERSONNEL ANALYST (UC) SENIOR PERSONNEL RECEPTIONIST (UC) SENIOR PERSONNEL SERVICES SPECIALIST (UC) SENIOR PERSONNEL TECHNICIAN (UC) SENIOR RISK MANAGEMENT TECHNICIAN (UC) SENIOR WORKERS' COMP, CLAIMS ASSISTANT (UC) SENIOR WORKERS' COMP. CLAIMS EXAM. (UC) SENIOR WORKERS' COMPENSATION SYSTEMS TECH (UC) TRAINING COORDINATOR (UC) WORKERS' COMPENSATION CLAIMS ASSISTANT (UC) WORKERS' COMPENSATION CLAIMS EXAMINER (UC) WORKERS' COMPENSATION SYSTEMS TECHNICIAN (UC) 6 -STEP SALARY RATE RANGE EFFECTIVE 10/01/14 SRR` Monthly Salary Minimum - Maximum 663 $5370 - $6853 642 $4847 - $6186 707 $6656 - $8494 589 $3741 - $4777 602 $3984 - $5089 642 $4847 - $6186 642 $4847-$6186 617 $4289 - $5476 682 $5891 - $7520 627 $4504 - $5749 707 $6656 - $8494 593 $3812 - $4870 652 $5089 - $6495 603 $4003 - $5114 Footnotes Effective 10/1/14, SRR obsolete due to 1.25% Increase in -lieu of Medical Retirement Subsidy. ** "(UC)" is the parenthetical identifier used to designate classification titles as Unaffiliated Confidential. *" Benefits and compensation provisions for classification titles represented by CASA are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. **"* This Classification and Pay Plan was adopted through Resolution on 6116/15, effective 7/1/15, 75A-1-30 EXHIBIT C CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE MANAGEMENT ASSOCIATION (PMA) SWORN CLASSIFICATION TITLE POLICE CAPTAIN (RM) POLICE LIEUTENANT (RM) NON -SWORN CLASSIFICATION TITLE JAIL ADMINISTRATOR (RM) 4 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Salaty Minimum - Maximum M834 $12223 - $14150 M800 $10350 - $11982 5 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Monthly Salary Minimum - Maximum M813 $11031 -$13409 POLICE COMMUNICATIONS MANAGER (RM) M739 $ 7685 - $ 9342 POLICE SYSTEMS MANAGER (RM) M777 $ 9250 - $11254 Footnotes ' "(RM)" is the parenthetleal Identifier used to designate classlfcatlon titles as Represented Management. '* Benefits and compensation provisions for classification titles represented by PMA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. "* This Classification and Pay Plan was adopted through Resolution on 6/16/15, effective 7/1/15. 75A-1-31 EXHIBIT D CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION (POA) 5 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary SWORN CLASSIFICATION TITLE Minimum - Maximum POLICE OFFICER 690 $6050 - $7355 POLICE SERGEANT 733 $7463 - $9073 5 -STEP SALARY RATE RANGE 75A-1-32 SRR Monthly Salary NON -SWORN CLASSIFICATION TITLE Minimum - Maximum ANIMAL SERVICE OFFICER 1 626 $4426 -$5382 ANIMAL SERVICE OFFICER 11 656 $5126 - $6230 BACKGROUND INVESTIGATOR 641 $4764-$5790 COMMUNICATIONS SERVICES OFFICER 621 $4317-$5252 CORRECTIONAL OFFICER 641 $4764 - $5790 CORRECTIONAL SUPERVISOR 690 $6050 - $7355 CRIME RESEARCH AIDE 652 $5026 - $6110 CRIME RESEARCH ANALYST 678 $5706-$6937 EMERGENCY OPERATIONS COORDINATOR 710 $6670 - $8109 FIREARMS EXAMINER 697 $6260-$7609 FORENSIC SERVICES SUPERVISOR 728 $7283 - $8853 FORENSIC SPECIALIST 1 652 $5026 - $6110 FORENSIC SPECIALIST 11 671 $5515 - $6702 PARKING CONTROL OFFICER 591 $372.8 - $4533 POLICE ATHLETIC/ACTIVITIES LEAGUE ASSISTANT DIR 620 $4296 - $5226 POLICE COMMUNICATIONS SUPERVISOR 686 $5934 - $7211 POLICE COMMUNITY SERVICES SPECIALIST 641 $4764 - $5790 POLICE EVIDENCE AND SUPPLY SPECIALIST 624 $4382 - $5330 POLICE EVIDENCE AND SUPPLY SUPERVISOR 644 $4834 - $5876 POLICE INVESTIGATIVE SPECIALIST 641 $4764 - $5790 POLICE PHOTO/VIDEO SPECIALIST 621 $4317 - $5252 POLICE PROPERTY AND EVIDENCE SUPERVISOR 644 $4834 - $5876 POLICE RECRUIT 650 $4978 -$6050 POLICE SERVICE OFFICER 621 $4317 - $5252 POLICE SERVICES DISPATCHER 646 $4882 - $5934 75A-1-32 EXHIBIT D Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA POLICE OFFICERS ASSOCIATION (POA) NON -SWORN CLASSIFICATION TITLE RANGEMASTER SENIOR PARKING CONTROL OFFICER TRAFFIC SERVICES SPECIALIST 5 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Monthly Salary Minimum - Maximum 621 $4317 - $5252 611 $4111 - $5002 641 $4764 - $5790 Footnotes " Benefits and compensation provisions for classifloation titles represented by POA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. "* This Classification and Pay Plan was adopted through Resolution on 6/16/15, effective 7/1/15. 75A-1-33 EXHIBIT E CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA MANAGEMENT ASSOCIATION (SAMA) 17 -STEP SALARY RATE RANGE 5 -STEP SALARY RATE RANGE EFFECTIVE 10/01/14 EFFECTIVE 10/01/14 MonthI,y Salary SRR* Monthly Salary ADMINISTRATIVE MANAGEMENT CLASSIFICATION TITLE ACCOUNTING MANAGER (MM) Minimum - Maximum APPLICATIONS SYSTEMS MANAGER (AM) AM774 $9231 - $11225 APPLICATIONS/TECH SUPPORT MANAGER (AM) AM784 $9697 - $11786 BENEFITS AND COMPENSATION SUPERVISOR (AM) AM734 $7593 - $ 9231 BENEFITS SUPERVISOR (AM) AM723 $7196-$ 8749 BUDGET AND RESEARCH MANAGER (AM) AM764 $8792 - $10690 BUDGET SUPERVISOR (AM) EFFECTIVE 711115 AM744 $7973 - $ 9697 COMMUNITY PRESERVATION COORDINATOR (AM) - TITLE ASSISTANT DIR OF PLANNING AND BUILDING (MM) MM -28 CHANGED TO CODE ENFORCEMENT COORDINATOR (AM) ASSISTANT TO THE CITY MANAGER (MM) MM -22 EFFECTIVE 7/1/15 AM725 $7266-$ 8834 CORRECTIONAL MANAGER (AM) AM737 $7704-$ 9366 MAINTENANCE ENTERPRISE ADMINISTRATOR (AM) - NEW CITY ENGINEER (MM) MM -28 TITLE EFFECTIVE 7/1115 AM760 $8621-$10479 PRINCIPAL MANAGEMENT ANALYST (AM) AM734 $7593 - $ 9231 PRINCIPAL PLANNER (AM) AM760 $8621-$10479 PROJECT MANAGEMENT OFFICER (AM) - NEW TITLE EFFECTIVE 7/1/15 AM784 $9697-$11786 SUPERVISOR OF INSPECTIONS (AM) AM745 $801.2 - $ 9745 WORKERS' COMPENSATION SUPERVISOR (AM) AM723 $7196 - $ 8749 17 -STEP SALARY RATE RANGE 75A-1-34 EFFECTIVE 10/01/14 SRR* MonthI,y Salary MIDDLE MANAGEMENT CLASSIFICATION TITLE Minimum - Maximum ACCOUNTING MANAGER (MM) MM -25 $ 8940-$13272 ADMINISTRATIVE SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 ASSISTANT CITY ATTORNEY (MM) MM -22 $ 8303 - $12324 ASSISTANT DIR OF COMMUNITY DEVELOPMENT (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF FINANCE AND MANAGEMENT SVCS (MM) MM -28 $ 9627 - $14292 ASSISTANT DIR OF PARKS, REC, AND CMTY SVCS (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF PERSONNEL SERVICES (MM) MM -26 $ 9164 - $13601 ASSISTANT DIR OF PLANNING AND BUILDING (MM) MM -28 $ 9627 - $14292 ASSISTANT TO THE CITY MANAGER (MM) MM -22 $ 8303 - $12324 BUILDING SAFETY MANAGER (MM) MM -26 $ 9164 - $13601 CHIEF ASSISTANT CITY ATTORNEY (MM) MM -30 $10115 - $15015 CITY ENGINEER (MM) MM -28 $ 9627-$14292 75A-1-34 EXHIBIT E Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES REPRESENTED BY THE SANTAANA MANAGEMENT ASSOCIATION (SAMA) 5 -STEP SALARY RATE RANGE EFFECTIVE 10/01/14 MIDDLE MANAGEMENT CLASSIFICATION TITLE SRR" Monthly Salary CITY TRAFFIC ENGINEER (MM) MM -25 $ 8940-$13272 COMMUNITY DEVELOPMENT MANAGER (MM) MM -22 $ 8303 - $12324 COMMUNITY PRESERVATION MANAGER (MM) TITLE CHANGED TO CODE ENFORCEMENT MANAGER (MM) EFFECTIVE 7/1/15 MM -26 $ 9164 - $13601 COMMUNITY SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 CORPORATE YARD FACILITIES/FLEET SVCS MGR (MM) MM -22 $ 8303 - $12324 COUNCIL SERVICES MANAGER (MM) MM -22 $ 8303 - $1232.4 DEPUTY BUILDING OFFICIAL/NEW CONSTRUCTION (MM) MM -22 $ 8303 - $12324 DEPUTY BUILDING OFFICIAL/PLAN CHECK (MM) MM -25 $ 8940 - $13272 DEPUTY CITY ATTORNEY (MM) MM -12 $ 6484-$ 9627 nFP1.1TY CITY_F—MnINIPPIR (MA/1 __ . _ ... _ ____ _. __KANA-Oe _C_Ponn -x`11171 ECONOMIC DEVELOPMENT MANAGER (MM) MM -22 $ 8303 - $12324 FACILITIES MAINTENANCE SUPERINTENDENT (MM) MM -18 $ 7522 - $11164 HOUSING DIVISION MANAGER (MM) MM -22 $ 8303-$12324 INFORMATION SERVICES MANAGER (MM) TITLE CHANGED TO MM -25 $ 8940-$13272 INFORMATION SERVICES AND NETWORK MANAGER (MM) TO TO EFFECTIVE 7/1/15 MM -22 $ 8303 - $12324 LIBRARY OPERATIONS MANAGER (MM) MM -17 $ 7338 - $10893 PLANNING MANAGER (MM) MM -26 $ 9164-$13601 PRINCIPAL CIVIL ENGINEER (MM) MM -25 $ 8940 - $13272 PUBLIC WORKS MAINTENANCE MANAGER (MM) MM -24 $ 8720 - $12947 RISK MANAGER (MM) MM -23 $ 8508 - $12633 SENIOR ASSISTANT CITY ATTORNEY (MM) MM -28 $ 9627 - $14292 STRATEGIC COMMUNICATIONS MANAGER (MM) MM -19 $ 7708 - $11443 TRANSIT PROGRAM MANAGER (MM) MM -25 $ 8940 - $13272 TRANSPORTATION MANAGER (MM) MM -25 $ 8940-$13272 TREASURY AND CUSTOMER SERVICES MANAGER (MM) MM -22 $ 8303 - $12324 WATER RESOURCES MANAGER (MM) MM -26 $ 9164 - $13601 ZOO MANAGER (MM) MM -22 $ 8303 - $12324 Footnotes ` Effective 10/1/94, SRR obsolete due to 1.25% Increase In-IIou of Medical Red rem ant Subsidy. ** "(AM)" Is the parenthetical identifier used to designate classification titles as Administrative Management. *'* "(MM)" is the parenthetical identifier used to designate classification titles as Middle Management, Benefits and compensation provisions for classification titles represented by SAMA are by Agreement, and are outlined in the Memorandum of Understanding established between the City and the Bargaining Unit. *"*`* This Classification and Pay Plan was adopted through Resolution on 6/16115, effective 7/1/15. 75A-1-35 EXHIBIT F CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 75A-1-36 7 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR MonthhlySalary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum ACCOUNTANTI 634 $4601-$6170 ACCOUNTANT II 662 $5278-$7073 ACCOUNTING ASSISTANT S83 $3586-$4810 ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 583 $3586 - $4810 ACCOUNTS PAYABLE SUPERVISOR 637 $4671-$6260 ACTIVE TRANSPORTATION COORDINATOR** 673 $5569-$7463 ASSISTANT BUYER* 598 $3861-$5176 ASSISTANT ENGINEER 702 $6415-$8599 ASSISTANT ENGINEER II 716 $6869-$9205 ASSISTANT FLEET EQUIPMENT TECHNICIAN 578 $3501-$4694 ASSISTANT INSTRUMENT TECHNICIAN 609 $4074-$5461 ASSISTANT LIBRARIAN 592 $3747 - $5026 ASSISTANT PARKS/LANDSCAPE PLANNER 643 $4810-$6446 ASSISTANT PLAN CHECK ENGINEER 1 702 $6415-$8599 ASSISTANT PLAN CHECK ENGINEER 11 716 $6869 - $9205 ASSISTANT PLANNER 1 643 $4810. $6446 ASSISTANT PLANNER II 663 $5304-$7107 ASSISTANT TRAFFIC OPERATIONS ENGINEER 716 $6869-$9205 ASSOCIATE PARK AND LANDSCAPE PLANNER 693 $6140-$8229 ASSOCIATE PLAN CHECK ENGINEER 731 $7391-$9906 ASSOCIATE PLANNER 693 $6140-$8229 BIBLIOGRAPHIC TECHNICIAN 582 $3568-$4787 BUILDING INSPECTOR 643 $4810-$6446 BUILDING MAINTENANCE AIDE 561 $3221-$4317 BUILDING MAINTENANCE SUPERVISOR 653 $5051-$6768 BUILDING MAINTENANCE TECHNICIAN 601 $3915-$5252 BUILDING TECHNICIAN 595 $3803-$5101 BUSINESS TAX COLLECTOR/INSPECTOR 607 $4034-$5408 BUYER 647 $4906-$6574 BUYER/SYSTEMS TECHNICIAN 647 $4906-$6574 CENTRAL SERVICES SUPERVISOR 607 $4034-$5408 COMBINATION BUILDING INSPECTOR 643 $4810-$6446 COMMUNITY DEVELOPMENT ANALYST 658 $5176-$6937 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 579 $3519-$4718 COMMUNITY DEVELOPMENT DISTRICT MANAGER 713 $6768 -$9073 COMMUNITY DEVELOPMENT TECHNICIAN 612 $4132-$5542 75A-1-36 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) FULL-TIME CLASSIFICATION TITLE COMMUNITY EVENTS SUPERVISOR*** COMMUNITY LIAISON - NEW TITLE EFFECTIVE 711/15 COMMUNITY PRESERVATION INSPECTOR -TITLE CHANGED TO CODE ENFORCEMENT OFFICER EFFECTIVE 7/1115 COMMUNITY PRESERVATION TECHNICIAN - TITLE CHANGED TO CODE ENFORCEMENT TECHNICIAN 7 -STEP SALARY RATE RANGE EFFECTIVE 711/13 SRR Monthly Salary Minimum - Maximum 668 $5434-$7283 664 $5330 - $7141 643 $4810 - $6446 COMMUNITY SERVICES SUPERVISOR 683 $5847-$7837 COMPUTER OPERATOR 607 $4034-$5408 COMPUTER PROGRAMMER 650 $4978-$6670 COMPUTER SYSTEMS ANALYST/PROGRAMMER 670 $5488-$7355 CONSTRUCTION INSPECTOR 1 643 $4810 - $6446 CONSTRUCTION INSPECTOR II 653 $5051-$6768 CONTRACTS ADMINISTRATOR 643 $4810-$6446 CORRECTIONAL RECORDS SPECIALIST 544 $2965-$3974 CUSTODIAL AIDE/PORTER 506 $2463-$3302 CUSTODIAN 536 $2853 - $3822 CUSTODIAN SUPERVISOR 588 $3676-$4930 CUSTOMER SERVICE REPRESENTATIVE 591 $3728-$5002 DATA ENTRY OFFICE ASST 561 $3221- $4317 DATA ENTRY OPERATOR 552 $3082-$4132 DATA ENTRY SPECIALIST 561 $3221-$4317 DEPUTY CLERK OF THE COUNCIL 602 $3935 - $5278 DOWNTOWN DEVELOPMENT LIAISON* 664 $5330-$7141 ECONOMIC DEVELOPMENT AIDE 612 $4132-$5542 ECONOMIC DEVELOPMENT SPECIALIST 663 $5304-$7107 ECONOMIC DEVELOPMENT SPECIALIST II 693 $6140 - $8229 ECONOMIC DEVELOPMENT SPECIALIST III 723 $7107-$9529 ELECTRICAL INSPECTOR 643 $4810-$6446 EMPLOYMENT SERVICES FISCAL SPECIALIST 634 $4601-$6170 ENGINEERING AIDE 597 $3841.-$5151 ENVIRONMENTAL COORDINATOR 693 $6140-$8229 EQUIPMENT OPERATOR 602 $3935-$5278 75A-1-37 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 75A-1-38 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum EQUIPMENT OPERATOR - WATER SERVICES 607 $4034- $5408 EXECUTIVE SECRETARY 600 $3896-$5226 FACILITIES SUPERVISOR 653 $5051-$6768 FLEET EQUIPMENT SUPERVISOR -TITLE CHANGED TO FLEET SERVICES SUPERVISOR EFFECTIVE 7/1/15 667 $5408 - $7247 FLEET EQUIPMENT TECHNICIAN I -TITLE CHANGED TO FLEET SERVICES TECHNICIAN I EFFECTIVE 7/1/15 608 $4054-$5434 FLEET EQUIPMENT TECHNICIAN II -TITLE CHANGED TO FLEET SERVICES TECHNICIAN II EFFECTIVE 7/1/15 628 $4470 - $5992 FLEET EQUIPMENT TECHNICIAN III - TITLE CHANGED TO FLEET SERVICES TECHNICIAN III EFFECTIVE 7/1/15 643 $4810 - $6446 FLEET PARTS SPECIALIST 618 $4257-$5706 GENERAL MAINTENANCE AIDE 561 $3221-$4317 GENERAL MAINTENANCE LEADER 622 $4339-$5818 GENERAL MAINTENANCE SUPERVISOR 653 $5051-$6768 GENERAL MAINTENANCE WORKER 601 $3915-$5252 GIS ADMINISTRATOR 688 $5992-$8029 GIS SYSTEMS ANALYST/PROGRAMMER - NEW TITLE EFFECTIVE 7/1/15 670 $5448 - $7355 GRAPHICS DESIGNER 604 $3974-$5330 GRAPHICS DESIGNER II 624 $4382-$5876 HOUSING AUTHORITY AIDE 534 $2824-$3784 HOUSING AUTHORITY ANALYST 660 $5226 - $7005 HOUSING AUTHORITY COORDINATOR 723 $7107 - $9529 HOUSING AUTHORITY INTAKE SPECIALIST 549 $3040 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 681 $5790-$7761 HOUSING PROGRAMS AIDE 572 $3398-$4556 HOUSING PROGRAMS ANALYST 681 $5790-$7761 HOUSING PROGRAMS COORDINATOR 723 $7107-$9529 HOUSING SPECIALIST 1 582 $3568 - $4787 HOUSING SPECIALIST II 606 $4014-$5382 INFORMATION SERVICES REPRESENTATIVE 596 $3822-$5126 INSTRUMENT TECHNICIAN 623 $4360-$5847 INTAKE SPECIALIST 549 $3040-$4074 LANDSCAPE DEVELOPMENT ASSOCIATE 693 $6140-$8229 75A-1-38 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) PARK MAINTENANCE SUPERVISOR - TITLE CHANGED TO PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 653 $5051-$6768 PARKRANGER 622 $4339-$5818 PARKING METER OPERATIONS SUPERVISOR 615 $4194-$5623 PARKING METER TECHNICIAN 1 565 $3285-$4404 PARKING METER TECHNICIAN II 595 $3803-$5101 PERMIT PROCESSOR 581 $3550 - $4764 75A-1-39 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum LEAD ACCOUNTING ASSISTANT 617 $4236-$5678 LEAD CORRECTIONAL RECORDS SPECIALIST 586 $3640-$4882 LEAD POLICE RECORDS SPECIALIST 596 $3822 - $5126 LIBRARIAN 632 $4556-$6110 LIBRARY AIDE 489 $2268-$3040 LIBRARY SERVICES ASSISTANT 534 $2824-$3784 LOAN SPECIALIST 633 $4579 - $6140 MAIL CLERK/MESSENGER 515 $2574-$3449 MAINTENANCE -ASSISTANT 586---$-285-3-- $t82 MAINTENANCE WORKER 1 556 $3144 - $4215 MAINTENANCE WORKER II 576 $3467-$4648 METER READER COLLECTOR 582 $3568-$4787 MICRO SYSTEMS PROGRAMMER 678 $5706 - $7647 MICRO SYSTEMS TECHNICIAN 612 $4132-$5542 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST* 663 $5304 - $7107 NETWORK ENGINEER 718 $6937-$9296 NETWORK SPECIALIST/WAN SYSTEMS ADMINISTRATOR 678 $5706-$7647 NPDES MANAGER - NEW TITLE EFFECTIVE 7/1/15 703 $6446 - $8641 OFFICE ASSISTANT 534 $2824 - $3784 OFFICE SPECIALIST 509 $2500- $3352 OFFICE SUPERVISOR 603 $3954-$5304 PARK MAINTENANCE AIDE 434 $1734 - $232.2. PARK MAINTENANCE INSPECTOR I - TITLE CHANGED TO PARK SERVICES INSPECTOR I EFFECTIVE 7/1/15 561 $3221-$4317 PARK MAINTENANCE INSPECTOR II - TITLE CHANGED TO PARK SERVICES INSPECTOR 11 EFFECTIVE 7/1/15 605 $3994 - $5356 PARK MAINTENANCE LEADER 605 $3994-$5356 PARK MAINTENANCE SUPERVISOR - TITLE CHANGED TO PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 653 $5051-$6768 PARKRANGER 622 $4339-$5818 PARKING METER OPERATIONS SUPERVISOR 615 $4194-$5623 PARKING METER TECHNICIAN 1 565 $3285-$4404 PARKING METER TECHNICIAN II 595 $3803-$5101 PERMIT PROCESSOR 581 $3550 - $4764 75A-1-39 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 75A-1-40 7 -STEP SALARY RATE RANGE EFFECTIVE 711113 SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum PERMIT SUPERVISOR 663 $5304-$7107 PERM ITTECHNICIAN 633 $4579-$6140 PLAN EXAMINER (T) 662 $5278-$7073 PLANNING ASSISTANT 623 $4360-$5847 PLANNING COMMISSION SECRETARY 600 $3896 - $5226 PLUMBING INSPECTOR 643 $4810-$6446 POLICE FISCAL OFFICER 681 $5790-$7761 POLICE FISCAL SERVICES SUPERVISOR 650 $4978-$6670 POLICE RECORDS SPECIALIST 554 $3113 - $4173 POLICE RECORDS SUPERVISOR 621 $4317-$5790 POLICE SYSTEMS SUPPORTANALYST 698 $6291-$8431 PRINCIPAL LIBRARIAN 652 $502.6-$6735 PRINCIPAL PROGRAMMER ANALYST 718 $6937-$9296 PROGRAMMER ANALYST 678 $5706-$7647 PROJECTS MANAGER 703 $6446-$8641 PROPERTY CONTROL SPECIALIST 582 $3568-$4787 PROPERTY REHABILITATION ASSISTANT 582 $3568-$4787 PUBLIC WORKS DISPATCHER 566 $3302-$4426 PUBLIC WORKS PROJECT MANAGER - NEW TITLE EFFECTIVE 7/1/15 754 $8269-$11086 PUBLIC WORKS PROJECTS SPECIALIST 663 $5304-$7107 PURCHASING ASSISTANT 572 $3398-$4556 PURCHASING SPECIALIST 583 $3586 - $4810 PURCHASING SUPERVISOR 692 $6110-$8189 RECEPTIONIST 549 $3040-$4074 RECORDS SPECIALIST 577 $3484-$4671 RECREATION LEADER 522 $2663-$3568 RECREATION PROGRAM COORDINATOR 602 $3935-$5278 REPROGRAPHIC EQUIPMENT OPERATOR 541 $2921-$3915 RESIDENTIAL CONSTRUCTION SPECIALIST 643 $4810 - $6446 REVENUE AND CONTRACT COMPLIANCE AUDITOR 662 $5278-$7073 REVENUE AND CONTRACT COMPLIANCE EXAMINER"" 662 $5278-$7073 REVENUE PROCESSING ASSISTANT 552 $3082-$4132 REVENUE SUPERVISOR 637 $4671-$6260 SAFETY COORDINATOR - NEW TITLE EFFECTIVE 7/1/15 690 $6050 -$8109 75A-1-40 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1113 SRR Monthly Sala v FULL-TIME CLASSIFICATION TITLE 663 Minimum - Maximum SANITATION INSPECTOR 592 $3747-$5026 SANITATION INSPECTOR II 633 $4579 - $6140 SECRETARY 579 $3519-$4718 SECURITY ELECTRONICS TECHNICIAN 656 $5126-$6869 SENIOR ACCOUNTANT 681 $5790-$7761 SENIOR ACCOUNTING ASSISTANT 598 $3861-$5176 SENIOR ACCOUNTING ASSISTANT/SYSTEMSTECHNICIAN 598 $3861-$5176 SENIOR ASSISTANT ENGINEER 731 $7391-$9906 SENIOR -BUILDING -INSPECTOR 6M-----$ 3:964 - SENIOR CIVIL ENGINEER 754 $8269-$11086 SENIOR COMBINATION BUILDING INSPECTOR 663 $5304-$7107 SENIOR COMMUNITY DEVELOPMENT ANALYST 687 $5963-$7989 SENIOR COMMUNITY PRESERVATION INSPECTOR -TITLE CHANGED TO CODE ENFORCEMENT SUPERVISOR EFFECTIVE 7/1/15 663 $5304-$7107 SENIOR CORRECTIONAL RECORDS SPECIALIST 571 $3381-$4533 SENIOR DEPUTY CLERK OF THE COUNCIL 632 $4556-$6110 SENIOR ELECTRICAL INSPECTOR 663 $5304-$7107 SENIOR ELECTRICAL SYSTEMS SPECIALIST 663 $5304-$7107 SENIOR ENGINEER 754 $8269-$11086 SENIOR FLEET EQUIPMENT SUPERVISOR - TITLE CHANGED TO SENIOR FLEET SERVICES SUPERVISOR EFFECTIVE 7/1/2015 687 $5963-$7989 SENIOR GRADING SPECIALIST 663 $5304-$7107 SENIOR HOUSING SPECIALIST 644 $4834-$6478 SENIOR LAND SURVEYOR 764 $8683-$11640 SENIOR LIBRARIAN 637 $4671-$6260 SENIOR LIBRARY TECHNICIAN (T) 592 $3747-$5026 SENIOR OFFICE ASSISTANT 561 $3221- $4317 SENIOR OFFICE SPECIALIST 534 $2824-$3784 SENIOR PARK MAINTENANCE SUPERVISOR -TITLE CHANGED TO SENIOR PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 683 $5847 - $7837 SENIOR PLAN CHECK ENGINEER 754 $8269-$11086 SENIOR PLANNER 713 $6768 - $9073 75A-1-41 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 75A-1-42 7 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Sala FULL-TIME CLASSIFICATION TITLE Minimum - Maximum SENIOR PLUMBING INSPECTOR 663 $5304-$7107 SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 663 $5304-$7107 SENIOR POLICE RECORDS SPECIALIST 581 $3550-$4764 SENIOR PROGRAMMER ANALYST 698 $6291-$8431 SENIOR RECEPTIONIST 579 $3519-$4718 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 663 $5304-$7107 SENIOR SYSTEMS ADMINISTRATOR 670 $5488 - $7355 SENIOR TRAFFIC ENGINEER 754 $8269-$11086 SENIOR TRANSPORTATION ANALYST 754 $8269-$11086 SENIOR WATER SERVICES SUPERVISOR - NEW TITLE EFFECTIVE 7/1/15 688 $5992-$8029 SENIOR WATER SYSTEMS OPERATOR 643 $4810-$6446 STOCK CLERK 577 $3484 - $4671 STOREKEEPER 612 $4132-$5542 STORES AND CITY YARD PROPERTY SPECIALIST*** 612 $4132-$5542 STORMWATER COORDINATOR 673 $5569 - $7463 STREET LIGHTING MAINTENANCE WORKER 612 $4132 - $5542 STREET MAINTENANCE SUPERVISOR 653 $5051-$6768 STREET PAINTER 596 $3822-$5126 SUPERVISING ACCOUNTANT 703 $6446-$8641 SUPERVISING BUYER 677 $5678-$7609 SUPERVISING LIBRARYSERVICES ASSISTANT 566 $3302-$4426 SUPERVISING PARK RANGER 647 $4906-$6574 SURVEY PARTYCHIEF 676 $5650-$7571 SURVEY PARTY TECHNICIAN 1 612 $4132 -$5542 SURVEY PARTYTECHNICIAN11 643 $4810-$6446 SYSTEMS ADMINISTRATOR 638 $4694-$6291 SYSTEMS SUPPORT ANALYST 698 $6291-$8431 SYSTEMS TECHNICIAN 578 $3501-$4694 TELECOMMUNICATIONS COORDINATOR 680 $5762-$7723 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 591 $3728-$5002 TENANT SERVICES TECHNICIAN 579 $3519-$4718 TREASURY SERVICES SPECIALIST***** 622 $4339-$5818 TREASURY SERVICES SUPERVISOR 637 $4671-$6260 TREE MAINTENANCE SUPERVISOR 653 $5051-$6768 75A-1-42 EXHIBIT F Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) FULL-TIME CLASSIFICATION TITLE TREE TRIMMER UTILITIES BILLING/SYSTEMS TECHNICIAN VIDEO TECHNICIAN WATER SERVICES CREW LEADER WATER SERVICES METER REPAIRER I WATER SERVICES METER REPAIRER II WATER SERVICES QUALITY COORDINATOR WATER SERVICES QUALITY INSPECTOR 7 -STEP SALARY RATE RANGE WATER SERVICES SUPERVISOR EFFECTIVE 7/1118 SRR Monthly Salary 638 Minimum - Maximum 596 $3822-$5126 591 $3728-$5002 634 $4601-$6170 627 $4448-$5963 586 $3640-$4882 606 $4014-$5382 678 $5706-$7647 638 $4694-$6291 WATER SERVICES SUPERVISOR 658 $5176-$6937 WATER SERVICES UTILITY INSPECTOR 638 $4694 - $6291 WATER SERVICES WORKER 1 561 $3221- $4317 WATER SERVICES WORKER II 581 $3550-$4764 WATER SYSTEMS OPERATOR 1 589 $3695 -$4954 WATER SYSTEMS OPERATOR II 609 $4074 -$5461 WATER SYSTEMS OPERATOR 111 623 $4360 - $5847 WEB SYSTEMS TECHNICIAN 578 $3501-$4694 WEBSITE ENTRY SPECIALIST 552 $3082 - $4132 WORK CENTER COORDINATOR 723 $7107 - $9529 WORKFORCE SPECIALIST 1 578 $3501- $4694 WORKFORCE SPECIALIST II 603 $3954-$5304 WORKFORCE SPECIALIST III 623 $4360 - $5847 WORKFORCE SPECIALIST IV 678 $5706 - $7647 YOUTH SERVICES TECHNICIAN 572 $3398 -$4556 ZOO ANIMAL REGISTRAR 583 $3586 - $4810 ZOO CURATOR 632 $4556 - $6110 ZOO CURATOR OF EDUCATION 632 $4556 - $6110 ZOO EDUCATION SPECIALIST 583 $3586-$4810 ZOO KEEPER AIDE 493 $2311-$3098 ZOO KEEPER 553 $3098-$4152 ZOO KEEPER II 583 $3586-$4810 Title/Salary created/changed effective 4/01/14. Title/Salary created/changed effective 5/20/14. Title/Salary created/changed effective 7/01/14. 75A-1-43 Title/Salary created effective 2/17/15. '***« Title/Salary created effective 3/1/15. Benefits and coin pen cation provisions for full-time classifiratlon titles represented by SEIU are by Agreement, and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. This Classification and Pay Plan was adopted through Resolution on 6/16/15, effective 7/1/15. 75A-1-44 EXHIBIT G CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE ASSISTANT FLEET EQUIPMENT TECHNICIAN 588 EFFECTIVE 7/1113 ASSISTANT INSTRUMENT TECHNICIAN SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE 602 Minimum - Maximum ACCOUNTANTI 644 $4834-$6170 ACCOUNTANT II 672 $5542 - $7073 ACCOUNTING ASSISTANT 593 $3765-$4810 ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 593 $3765 - $4810 ACCOUNTS PAYABLE SUPERVISOR 647 $4906-$6260 ACTIVE TRANSPORTATION COORDINATOR** 683 $5847 - $7463 ASSISTANT BUYER* 608 $4054 - $5176 ASSISTANT ENGINEER 1 712 $6735 - $8599 ASSISTANT FLEET EQUIPMENT TECHNICIAN 588 $3676 - $4694 ASSISTANT INSTRUMENT TECHNICIAN 619 $4278 - $5461 ASSISTANT LIBRARIAN 602 $3935 - $5026 ASSISTANT PARKS/LANDSCAPE PLANNER 653 $5051-$6446 ASSISTANT PLAN CHECK ENGINEER 1 712 $6735 - $8599 ASSISTANT PLAN CHECK ENGINEER 11 726 $7211- $9205 ASSISTANT PLANNER 1 653 $5051- $6446 ASSISTANT PLANNER II 673 $5569 - $7107 ASSISTANT TRAFFIC OPERATIONS ENGINEER 726 $7211-$9205 ASSOCIATE PARK AND LANDSCAPE PLANNER 703 $6446-$8229 ASSOCIATE PLAN CHECK ENGINEER 741 $7761- $9906 ASSOCIATE PLANNER 703 $6446-$8229 BIBLIOGRAPHIC TECHNICIAN 592 $3747-$4787 BUILDING INSPECTOR 653 $5051-$6446 BUILDING MAINTENANCE AIDE 571 $3381-$4317 BUILDING MAINTENANCE SUPERVISOR 663 $5304-$6768 BUILDING MAINTENANCE TECHNICIAN 611 $4111-$5252 BUILDING TECHNICIAN 605 $3994-$5101 BUSINESS TAX COLLECTOR/INSPECTOR 617 $4236 - $5408 BUYER 657 $5151-$6574 BUYER/SYSTEMSTECHNICIAN 657 $5151-$6574 CENTRAL SERVICES SUPERVISOR 617 $4236 - $54.08 COMBINATION BUILDING INSPECTOR 653 $5051-$6446 COMMUNITY DEVELOPMENT ANALYST 668 $5434-$6937 COMMUNITY DEVELOPMENT COMMISSION SECRETARY 589 $3695 - $4718 COMMUNITY DEVELOPMENT DISTRICT MANAGER 723 $7107 - $9073 75A-1-45 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE 75A-1-46 SRR Monthlv$alary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum COMMUNITY DEVELOPMENT TECHNICIAN 622 $4339 - $5542 COMMUNITY EVENTS SUPERVISOR"" 678 $5706 - $7283 COMMUNITY LIAISON - NEW TITLE EFFECTIVE 7/1115 674 $5596 - $7141 COMMUNITY PRESERVATION INSPECTOR - TITLE CHANGED TO CODE ENFORCEMENT OFFICER EFFECTIVE 7/1/15 653 $5051 - $6446 COMMUNITY PRESERVATION TECHNICIAN - TITLE CHANGED TO CODE ENFORCEMENT TECHNICIAN EFFECTIVE 7/1/15 605 $3994 - $5101 COMMUNITY SERVICES SUPERVISOR 693 $6140-$7837 COMPUTER OPERATOR 617 $4236 - $5408 COMPUTER PROGRAMMER 660 $5226-$6670 COMPUTER SYSTEMS ANALYST/PROGRAMMER 680 $5762 - $7355 CONSTRUCTION INSPECTOR 653 $5051-$6446 CONSTRUCTION INSPECTOR II 663 $5304 - $6768 CONTRACTS ADMINISTRATOR 653 $5051- $6446 CORRECTIONAL RECORDS SPECIALIST 554 $3113 - $3974 CUSTODIAL AIDE/PORTER 516 $2587 - $3302 CUSTODIAN 546 $2995-$3822 CUSTODIAN SUPERVISOR 598 $3861- $4930 CUSTOMER SERVICE REPRESENTATIVE 601 $3915 - $5002 DATA ENTRY OFFICE ASST 571 $3381- $4317 DATA ENTRY OPERATOR 562 $3237-$4132 DATA ENTRY SPECIALIST 571 $3381-$4317 DEPUTY CLERK OF THE COUNCIL 612 $4132 - $5278 DOWNTOWN DEVELOPMENT LIAISON* 674 $5596 - $7141 ECONOMIC DEVELOPMENT AIDE 622 $4339 - $5542 ECONOMIC DEVELOPMENT SPECIALIST 1 673 $5569 - $7107 ECONOMIC DEVELOPMENT SPECIALIST II 703 $6446 - $8229 ECONOMIC DEVELOPMENT SPECIALIST III 733 $7463 - $9529 ELECTRICAL INSPECTOR 653 $5051-$6446 EMPLOYMENT SERVICES FISCAL SPECIALIST 644 $4834 - $6170 ENGINEERING AIDE 607 $4034 - $5151 ENVIRONMENTAL COORDINATOR 703 $6446 -$8229 75A-1-46 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE SERVICES TECHNICIAN II EFFECTIVE 7/1/15 638 EFFECTIVE 711113 FLEET EQUIPMENT TECHNICIAN III -TITLE CHANGED TO FLEET SRR MonthlySSala FULL-TIME CLASSIFICATION TITLE 653 Minimum - Maximum EQUIPMENT OPERATOR 612 $4132 -$5278 EQUIPMENT OPERATOR- WATER SERVICES 617 $4236 -$5408 EXECUTIVE SECRETARY 610 $4091-$5226 FACILITIES SUPERVISOR 663 $5304-$6768 FLEET EQUIPMENT SUPERVISOR - TITLE CHANGED TO FLEET 611 $4111- $5252 SERVICES SUPERVISOR EFFECTIVE 7/1/15 677 $5678-$7247 FLEET EQUIPMENT TECHNICIAN I - TITLE CHANGED TO FLEET SERVICES TECHNICIAN I EFFECTIVE 7/1/15 618 $4257-$5434 SERVICES TECHNICIAN II EFFECTIVE 7/1/15 638 $4694 - $5992 FLEET EQUIPMENT TECHNICIAN III -TITLE CHANGED TO FLEET SERVICES TECHNICIAN III EFFECTIVE 7/1/15 653 $5051-$6446 FLEET PARTS SPECIALIST 628 $4470-$5706 GENERAL MAINTENANCE AIDE 571 $3381- $4317 GENERAL MAINTENANCE LEADER 632 $4556-$5818 GENERAL MAINTENANCE SUPERVISOR 663 $5304-$6768 GENERAL MAINTENANCE WORKER 611 $4111- $5252 GIS ADMINISTRATOR 698 $6291-$8029 GIS SYSTEMS ANALYST/PROGRAMMER - NEW TITLE EFFECTIVE 7/1/15 680 $5762-$7355 GRAPHICS DESIGNER 1 614 $41.73 - $5330 GRAPHICS DESIGNER II 634 $4601- $5876 HOUSING AUTHORITY AIDE 544 $2965-$3784 HOUSING AUTHORITY ANALYST 670 $5488 - $7005 HOUSING AUTHORITY COORDINATOR 733 $7463 - $9529 HOUSING AUTHORITY INTAKE SPECIALIST 559 $3192 - $4074 HOUSING AUTHORITY OPERATIONS SUPV. 691 $6080 - $7761 HOUSING PROGRAMS AIDE 582 $3.568-$4556 HOUSING PROGRAMS ANALYST 691 $6080-$7761 HOUSING PROGRAMS COORDINATOR 733 $7463 - $9529 HOUSING SPECIALIST 1 592 $3747 - $4787 HOUSING SPECIALIST II 616 $4215 - $5382 INFORMATION SERVICES REPRESENTATIVE 606 $4014-$5126 INSTRUMENT TECHNICIAN 633 $4579-$5847 INTAKE SPECIALIST 559 $3192 - $4074 75A-1-47 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE PARK MAINTENANCE SUPERVISOR -TITLE CHANGED TO PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 663 EFFECTIVE 7/1/13 PARK RANGER SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE 625 Minimum - Maximum LANDSCAPE DEVELOPMENT ASSOCIATE 703 $6446-$8229 LEAD ACCOUNTING ASSISTANT 627 $4448 - $5678 LEAD CORRECTIONAL RECORDS SPECIALIST 596 $3822 - $4882 LEAD POLICE RECORDS SPECIALIST 606 $4014- $5126 LIBRARIAN 642 $4787 - $6110 LIBRARY AIDE 499 $2381- $3040 LIBRARY SERVICES ASSISTANT 544 $2965 - $3784 LOAN SPECIALIST 643 $4810 - $6140 MAIL CLERK/MESSENGER 525 $2703 -$3449 MAINTENANCE ASSISTANT 546 $2995 - $3822 MAINTENANCE WORKER 1 566 $3302 - $4215 MAINTENANCE WORKER II 586 $3640 - $4648 METER READER COLLECTOR 592 $3747 - $4787 MICRO SYSTEMS PROGRAMMER 688 $5992 - $7647 MICRO SYSTEMS TECHNICIAN 622 $4339-$5542 NEIGHBORHOOD IMPROVEMENT PROJECTS SPECIALIST* 673 $5569 - $7107 NETWORK ENGINEER 728 $7283-$9296 NETWORK SPECIALISTWAN SYSTEMS ADMINISTRATOR 688 $5992 - $7647 NPDES MANAGER - NEW TITLE EFFECTIVE 7/1/15 713 $6768 - $8641 OFFICE ASSISTANT 544 $2965 - $3784 OFFICE SPECIALIST 519 $2626 - $3352 OFFICE SUPERVISOR 613 $4152 - $5304 PARK MAINTENANCE AIDE 444 $1820 - $2322 PARK MAINTENANCE INSPECTOR I - TITLE CHANGED TO PARK SERVICES INSPECTOR I EFFECTIVE 7/1/15 571 $3381- $4317 PARK MAINTENANCE INSPECTOR II - TITLE CHANGED TO PARK SERVICES INSPECTOR it EFFECTIVE 7/1/15 615 $4194 - $5356 PARK MAINTENANCE LEADER 615 $4194 - $5356 PARK MAINTENANCE SUPERVISOR -TITLE CHANGED TO PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 663 $5304 -$6768 PARK RANGER 632 $4556 - $5818 PARKING METER OPERATIONS SUPERVISOR 625 $4404 - $5623 PARKING METER TECHNICIAN 1 575 $3449 - $4404 PARKING METER TECHNICIAN II 605 $3994 - $5101 75A-1-48 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE .....-11.,..., __..-1--w11 vuv EFFECTIVE 7/1113 POLICE RECORDS SPECIALIST SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE 631 Minimum - Maximum PERMIT PROCESSOR 591 $3728-$4764 PERMIT SUPERVISOR 673 $5569 - $7107 PERMIT TECHNICIAN 643 $4810 - $6140 PLAN EXAMINER (T) 672 $5542 - $7073 PLANNING ASSISTANT 633 $4579-$5847 PLANNING COMMISSION SECRETARY 610 $4091- $5226 PLUMBING INSPECTOR 653 $5051- $6446 POLICE FISCAL OFFICER 691 $6080-$7761 .....-11.,..., __..-1--w11 vuv ave.<o-JOO/V POLICE RECORDS SPECIALIST 564 $3269 - $4173 POLICE RECORDS SUPERVISOR 631 $4533 - $5790 POLICE SYSTEMS SUPPORT ANALYST 708 $6606 - $8431 PRINCIPAL LIBRARIAN 662 $5278 $6735 PRINCIPAL PROGRAMMER ANALYST 728 $7283 - $9296 PROGRAMMER ANALYST 688 $5992-$7647 PROJECTS MANAGER 713 $6768-$8641 PROPERTY CONTROL SPECIALIST 592 $3747 - $4787 PROPERTY REHABILITATION ASSISTANT 592 $3747 - $4787 PUBLIC WORKS CREW LEADER 632 $4556-$5818 PUBLIC WORKS DISPATCHER 576 $3467-$4426 PUBLIC WORKS PROJECT MANAGER - NEW TITLE EFFECTIVE 7/1/15 764 $8683-$11086 PUBLIC WORKS PROJECTS SPECIALIST 673 $5569 - $7107 PURCHASING ASSISTANT 582 $3568 - $4556 PURCHASING SPECIALIST 593 $3765 - $483.0 PURCHASING SUPERVISOR 702 $6415 - $8189 RECEPTIONIST 559 $3192 - $4074 RECORDS SPECIALIST 587 $3658 - $4671 RECREATION LEADER 532 $2796 - $3568 RECREATION PROGRAM COORDINATOR 612 $4132 - $5278 REPROGRAPHIC EQUIPMENT OPERATOR 551 $3067 - $3915 RESIDENTIAL CONSTRUCTION SPECIALIST 653 $5051-$6446 REVENUE AND CONTRACT COMPLIANCE AUDITOR 672 $5542 - $7073 REVENUE AND CONTRACT COMPLIANCE EXAMINER**** 672 $5542 - $7073 REVENUE PROCESSING ASSISTANT 562 $3237 - $4132 75A-1-49 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE 75A-1-50 EFFECTIVE 7/1113 SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum REVENUE SUPERVISOR 647 $4906 - $6260 SAFETY COORDINATOR - NEW TITLE EFFECTIVE 7/1/15 700 $6353 - $8109 SANITATION INSPECTOR 1 602 $3935-$5026 SANITATION INSPECTOR II 643 $4810 - $6140 SECRETARY 589 $3695-$4718 SECURITY ELECTRONICS TECHNICIAN 666 $5382 - $6869 SENIOR ACCOUNTANT 691 $6080-$7761 SENIOR ACCOUNTING ASSISTANT 608 $4054-$5176 SENIOR ACCOUNTING ASSISTANT/SYSTEMS TECHNICIAN 608 $4054 - $5176 SENIOR ASSISTANT ENGINEER 741 $7761- $9906 SENIOR BUILDING INSPECTOR 673 $5569 - $7107 SENIOR CIVIL ENGINEER 764 $8683-$11086 SENIOR COMBINATION BUILDING INSPECTOR 673 $5569-$7107 SENIOR COMMUNITY DEVELOPMENT ANALYST 697 $6260 - $7989 SENIOR COMMUNITY PRESERVATION INSPECTOR -TITLE CHANGED TO CODE ENFORCEMENT SUPERVISOR EFFECTIVE 7/1/15 673 $5569-$7107 SENIOR CORRECTIONAL RECORDS SPECIALIST 581 $3550 - $4533 SENIOR DEPUTY CLERK OF THE COUNCIL 642 $4787 - $6110 SENIOR ELECTRICAL INSPECTOR 673 $5569 - $7107 SENIOR ELECTRICAL SYSTEMS SPECIALIST 673 $5569 - $7107 SENIOR ENGINEER 764 $8683 - $11086 SENIOR FLEET EQUIPMENT SUPERVISOR - TITLE CHANGED TO SENIOR FLEET SERVICES SUPERVISOR EFFECTIVE 7/1/2015 697 $6260-$7989 SENIOR GRADING SPECIALIST 673 $5569-$7107 SENIOR HOUSING SPECIALIST 654 $5076 - $6478 SENIOR LAND SURVEYOR 774 $9117 - $11640 SENIOR LIBRARIAN 647 $4906 - $6260 SENIOR LIBRARY TECHNICIAN (T) 602 $3935 - $5026 SENIOR OFFICE ASSISTANT 571 $3381- $4317 SENIOR OFFICE SPECIALIST 544 $2965-$3784 SENIOR PARK MAINTENANCE SUPERVISOR - TITLE CHANGED TO SENIOR PARK SERVICES INSPECTION SUPERVISOR EFFECTIVE 7/1/15 693 $6140-$7837 75A-1-50 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 19391 SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 6 -STEP SALARY RATE RANGE SENIOR TRAFFIC ENGINEER 764 EFFECTIVE 7/1113 SENIOR TRANSPORTATION ANALYST SRR Monthly Salary FULL-TIME CLASSIFICATION TITLE Minimum - Maximum SENIOR PLAN CHECK ENGINEER 764 $8683 - $11086 SENIOR PLANNER 723 $7107 - $9073 SENIOR PLUMBING INSPECTOR 673 $5569 - $7107 SENIOR PLUMBING/MECHANICAL SYSTEMS SPEC. 673 $5569 - $7107 SENIOR POLICE RECORDS SPECIALIST 591 $3728 - $4764 SENIOR PROGRAMMER ANALYST 708 $6606-$8431 SENIOR RECEPTIONIST 589 $3695-$4718 SENIOR RESIDENTIAL CONSTRUCTION SPECIALIST 673 $5569-$7107 SENIOR TRAFFIC ENGINEER 764 $8683-$11086 SENIOR TRANSPORTATION ANALYST 764 $8683 - $11086 SENIOR WATER SERVICES SUPERVISOR - NEW TITLE EFFECTIVE 7/1/15 698 $6291-$8029 SENIOR WATER SYSTEMS OPERATOR 653 $5051-$6446 STOCK CLERK 587 $3658 - $4671 STOREKEEPER 622 $4339-$5542 STORES AND CITY YARD PROPERTY SPECIALIST* * 622 $4339 - $5542 STORMWATER COORDINATOR 683 $5847 - $7463 STREET LIGHTING MAINTENANCE WORKER 622 $4339 - $5542 STREET MAINTENANCE SUPERVISOR 663 $5304 - $6768 STREET PAINTER 606 $4014-$5126 SUPERVISING ACCOUNTANT 713 $6768 - $8641 SUPERVISING BUYER 687 $5963 - $7609 SUPERVISING LIBRARY SERVICES ASSISTANT 576 $3467 - $4426 SUPERVISING PARK RANGER 657 $5151-$6574 SURVEY PARTY CHIEF 686 $5934-$7571 SURVEY PARTY TECHNICIAN 1 622 $4339 - $5542 SURVEY PARTY TECHNICIAN II 653 $5051-$6446 SYSTEMS ADMINISTRATOR 648 $4930-$6291 SYSTEMS SUPPORT ANALYST 708 $6606-$8431 SYSTEMS TECHNICIAN 588 $3676-$4694 TELECOMMUNICATIONS COORDINATOR 690 $6050 - $7723 TELECOMMUNICATIONS CUSTOMER SERVICE REP. 601 $3915 - $5002 TENANT SERVICES TECHNICIAN 589 $3695-$4718 TREASURY SERVICES SPECIALIST*"*'*' 632 $4556 - $587.8 75A-1-51 EXHIBIT G Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR PART-TIME CIVIL SERVICE EMPLOYEES IN FULL-TIME CLASSIFICATION TITLES REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) FULL-TIME CLASSIFICATION TITLE TREASURY SERVICES SUPERVISOR TREE MAINTENANCE SUPERVISOR TREE TRIMMER UTILITIES BILLING/SYSTEMS TECHNICIAN VIDEO TECHNICIAN WATER SERVICES CREW LEADER WATER SERVICES METER REPAIRER I WATER SERVICES METER REPAIRER 11 WATER SERVICES QUALITY COORDINATOR WATER SERVICES QUALITY INSPECTOR WATER SERVICES QUALITY SUPERVISOR WATER SERVICES SUPERVISOR WATER SERVICES UTILITY INSPECTOR WATER SERVICES WORKER I WATER SERVICES WORKER II WATER SYSTEMS OPERATOR I WATER SYSTEMS OPERATOR II WATER SYSTEMS OPERATOR III WEB SYSTEMS TECHNICIAN WEBSITE ENTRY SPECIALIST WORK CENTER COORDINATOR WORKFORCE SPECIALIST I WORKFORCE SPECIALIST II WORKFORCE SPECIALIST III WORKFORCE SPECIALIST IV YOUTH SERVICES TECHNICIAN ZOO ANIMAL REGISTRAR ZOO CURATOR ZOO CURATOR OF EDUCATION ZOO EDUCATION SPECIALIST ZOO KEEPER AIDE ZOO KEEPER ZOO KEEPER II 75A-1-52 6 -STEP SALARY RATE RANGE EFFECTIVE 7/1/13 SRR Monthly Salary Minimum - Maximum 647 $4906 - $6260 663 $5304 - $6768 606 $4014-$5126 601 $3915-$5002 644 $4834-$6170 637 $4671-$5963 596 $3822 - $4882 616 $4215 - $5382 688 $5992-$7647 648 $4930-$6291 668 $5434-$6937 668 $5434 - $6937 648 $4930-$6291 571 $3381-$4317 591 $3728-$4764 599 $3880-$4954 619 $4278 - $5451 633 $4579-$5847 588 $3676-$4694 562 $3237-$4132 733 $7463-$9529 588 $3676 - $4694 613 $4152-$5304 633 $4579-$5847 688 $5992-$7647 582 $3568-$4556 593 $3765-$4810 642 $4787-$6110 642 $4787-$6110 593 $3765-$4810 503 $2427-$3098 563 $3253-$4152 593 $3765-$4810 Footnotes * Title/Salary created effective 4/01114. *" Title/Salary created effective 5/20/14. Title/Salary created effective 07101114. *"* Title/Salary created effective 2117/15. Title/Salary created effective 311115. Benefits and compensation provisions for part-time civil service classification titles represented by SEW are by Agreement and are outlined In the Memorandum of Understanding established between the City and the Bargaining Unit. '*"' This Classification and Pay Plan was adopted through Resolution on 6/16/15, effective 7/1115. 75A-1-53 EXHIBIT H CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART-TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) CLASSIFICATION TITLE ACCOUNT CLERK I ACCOUNT CLERK II ACCOUNTANT ADMINISTRATIVE AIDE ANIMAL KEEPER I ANIMAL KEEPER II BUILDING MAINTENANCE ASST. CASHIER CLERICAL AIDE CLERICAL ASSISTANT CLERK TYPIST I CLERK TYPIST II COMBINATION INSPECTOR COMMUNITY CENTER AIDE COMPUTER TECHNICIAN CUSTOMER SERVICE CLERK DATA ENTRY CLERK EQUIP. SVC. ATTENDANT GENERAL ASSISTANT GRAPHICS AIDE HOUSING AUTHORITY ASST, JANITOR LIBRARIAN (PART-TIME) LIBRARY ASSISTANT LIBRARY CLERK I LIBRARY CLERK II LOSS CONTROL OFFICE ASST. MAINTENANCE AIDE I MAINTENANCE AIDE II MEDIA RELATIONS SPECIALIST MOBILE LIBRARY CLERK MUNICIPAL UTILITY READER/COLL. PAGE PAINTER 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8/11114 Hourly Salary Minimum - Maximum $18.56 - $22.53 $20.53 - $24.95 $31.53 - $38.33 $23.53 - $28.60 $11.56 - $14.04 $13.41- $16.28 $20.22 - $24.57 $11.34 - $13.80 $13.27 - $16.14 $ 9.09-$11.04 $14.59 - $17.73 $17.14 - $20.81 $28.74 - $34.95 $17.52 - $21.31 $18.70 - $22.76 $19.28 - $23.43 $15.98-$19.45 $17.99 - $2.1.86 $ 9,09-$11.04 $13.11- $15.95 $20.70 - $25.18 $14.74-$17.93 $21.44 - $26.07 $18.05 - $21.96 $15.03 - $18.26 $16.65 - $20.22 $18.61- $22.62 $ 9.09-$11.04 $10.07 - $12.28 $18.61.$22.62 $18.32 18.61.$22.62- $18.32 - $22.29 $18.44 - $22.41 $ 9,09-$11.04 $17.47 - $21.23 75A-1-54 EXHIBIT H Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART-TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) CLASSIFICATION TITLE PARK MAINTENANCE ASST, PARK RANGER (PART TIME) PARK SECURITY GUARD PARKING METER MAINTENANCE AIDE PERMIT PARKING AIDE PLANNING TECHNICIAN POLICE RECORDS CLERK I POLICE RECORDS CLERK II PROGRAM COORDINATOR PROGRAM LEADER I PROGRAM LEADER II PUBLIC WORKS RECORDS ASSISTANT PURCHASING AGENT PURCHASING CLERK RIGHT OF WAY TECHNICIAN SENIOR ADMINISTRATIVE AIDE SENIOR CLERICAL AIDE SENIOR PROGRAM LEADER SPECIAL EMP. COUNSELOR I SPECIAL EMP. COUNSELOR II SPECIAL EMP. COUNSELOR III SPECIAL EVENTS LEADER I SPECIAL EVENTS LEADER II SPORTS ATTENDANT SR. LIBRARY ASSISTANT SR. MAINTENANCE AIDE I SR. MAINTENANCE AIDE II SR. MAINTENANCE WORKER SR. SPECIAL EMP, COUNSELOR SR, TUTOR STORES AIDE STRUCTURAL PLAN EXAMINER I STRUCTURAL PLAN EXAMINER II 5STEP_BASIC HOURLY WAGE RATES EFFECTIVE 8/11114 Hourly Salary Minimum - Maximum $15.62 - $19.01 $25.93 - $31.54 $18.70 - $ 22.76 $16.97 - $20.63 $19.89 - $24.19 $23.64 - $28,74 $16.06 - $19.53 $17.47 - $21.23 $15.18 - $18.48 $ 9.09 - $11.04 $10.48 - $12.72 $22.16 - $26.95 $29.32 - $35.62 $18.49 - $22.46 $14.87-$18.07 $25.90 - $31.48 $15.03 - $18.26 $12.41- $15.05 $ 9.95 - $12.09 $12.24 - $14.87 $13.78 - $16.74 $12.09 - $14.69 $14,74 - $17.93 $ 9.09 - $11.04 $19.16 - $23.28 $11.50-$13.95 $13.03 - $15.86 $16.35 - $19.86 $14.87 - $18.07 $14.52-$17.67 $17.16 - $ 20.84 $31.54 - $38.33 $33,77 - $41.03 75A-1-55 EXHIBIT H Cont'd CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION TITLES FOR REPRESENTED CATEGORIES OF NON -CIVIL SERVICE PART-TIME EMPLOYMENT REPRESENTED BY THE SANTA ANA CITY EMPLOYEES, CHAPTER 1939/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) 5 -STEP BASIC HOURLY WAGE RATES EFFECTIVE 8111114 Hourly Salary CLASSIFICATION TITLE Minimum - Maximum SUPERVISING PARK RANGER (PART TIME) $29.29 - $35.62 TUTOR $12.24-$14.87 Footnotes ***** This Classification and Pay Plan was adopted through Resolution on 6/16/15, effective 7/1/15. 75A-1-56 EXHIBIT I CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN CLASSIFICATION TITLES FOR SEASONAL AND OTHER UNAFFILIATED CATEGORIES OF NON -CIVIL SERVICE PART-TIME EMPLOYMENT CLASSIFICATION TITLE ADMINISTRATIVE INTERN ANIMAL CONTROL OFFICER BACKGROUND INVESTIGATOR BUDGET INTERN COLD CASE INVESTIGATOR CORRECTIONAL SERVICES OFFICER ENGINEERING INTERN FINGERPRINT EXAMINER FORENSIC BALLISTICS TECHNICIAN 5 -STEP _BASIC HOURLY WAGE RATES EFFECTIVE 1111/09 Hourly Salary Minimum - Maximum $12.23-$14.88 $23.96 - $29.13 $28.45 - $34.60 $16.18 - $19.66 $28.45 - $34.60 $20.01- $24.32 $16.18 - $19.66 $29.88 - $36.32 $24.56 - $29.87 LAW CLERK $15.10-$18.35 MANAGEMENT INTERN* $18.68 - $19.61 POLICE CADET $10.19 - $12.43 POLICE RESERVE LEVEL 1** $29.16 POLICE RESERVE LEVEL 2** $20.83 POLICE RESERVE LEVEL 3** $16.66 POLICE RESERVE SERGEANT** $32.08 POLICE SPECIAL EVENTS OFFC. $18.51- $22.53 POLICE TRAINING FACILITATOR $22.21- $27.00 PROFESSIONAL STANDARDS INV $28.45 - $34.60 REDEVELOPMENT PROJECT COORD $42.06-$51.11 SR. ADMINISTRATIVE INTERN $14.72 - $17.89 STUDENT INTERN*** $ 9.00 - $10.93 Footnotes " Two Step Wage Rates. *" One Step Wage Rate. Minimum Wage Step Increase Effective 4/1/14. This Classification and Pay Plan was adopted through Resolution on 5116115, effective 7/1/15. 75A-1-57 75A-1-58 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2015 TITLE: FISCAL YEAR 2015-16 MISCELLANEOUS FEES RESOLUTION (STRATEGIC PLAN NO. 4,2A) CITY MANAGE5,1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the fiscal year (FY) 2015-16 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fees 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 Fees Resolution are reviewed and adjusted to reflect these costs. Unless otherwise noted, the fees are adjusted 2.4%. 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, 2014 (CPI). The FY 2015-16 Miscellaneous Fees Resolution identifies all fees assessed as well as those recommended for adjustment. The FY 2015-16 Miscellaneous Fees Schedule includes the continued waiver of the Credit Card Processing Fee, and establishes one new fee, Major Commercial Modification Review. There is also an existing fee proposed for modification beginning July 1, 2015, the Rooftop Solar Permit fee. This fee was waived in past years in order to incentivize solar installations. However with the expiration of the waiver at the end of June 2015, the Rooftop Solar Permit fee is being modified to be in accordance with State mandate, S61222, placing limits on the charge through 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #2 (provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). 75A-2-1 Fiscal Year 2015-16 Miscellaneous Fees Resolution June 2, 2015 Page 2 FISCAL IMPACT The proposed fee schedule will generate additional revenue that will be appropriated to the City's various funds, departments, programs and enterprise activities. Francisco Gutierrez Executive Director I / Finance and Management Services Agencn Exhibits: 1. Resolution 75A-2-2 Jxs(05/22115 RESOLUTION NO. 2015-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2015-2016 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 that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2015-2016 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 2015-2016, 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 2.4%, so that certain proposed fees for Fiscal Year 2015-2016 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, 2014 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 2.4% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges, Such 2.4% 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 2.4%. The Rooftop Solar Permit fee was an existing fee which is proposed for modification beginning July 1, 2015. This fee was waived in past years in order to incentivize solar installations. However with the expiration of the waiver at the end of June 2015, the Resolution No. 2015 -XXX 75A-2-3 Page 1 of 3 hs (05J22/1 5 Rooftop Solar Permit fee is being modified to be in accordance with State mandate, SB1222, placing limits on the charge through the end of 2017. One new fee, Major Commercial Modification Review, is listed in the 'Proposed New Miscellaneous Fee for FY 2015-2016' 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 2015- 2016, 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 a 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 2015-2016 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. 2014-046 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2014-046 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, 2015. Resolution No, 2015 -XXX 75A-2-4 Page 2 of 3 Jss(05/22/15 ADOPTED this —day of June, 2015. APPROVED AS TO FORM: Sonia R. Ca Iho, City Attorney se Sandova Chief 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. 2015 -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. 2015 -XXX 75A-2-5 Page 3 of 3 75A-2-6 PROPOSED MISCELLANEOUS FEES SCHEDULE 2015=2016 June 16, 2015 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 Will Holt 647-5440 Fire Department Budget Office 647-5420 Police Department Robert Carroll 245-8135 Public Works Agency Jered Elmore 647-5091 Library Services Silvia Cuevas 647-5254 Parks, Recreation & Community Services Francisco Arroyo 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. 75A-2-8 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 64 XI PUBLIC WORKS 72 Appendix Summary of Proposed New and Modified Fees 77 75A-2-9 This Page Intentionally Left Blank 75A-2-10 RESOLUTION 2015-### 2.40% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTION I ALL DEPARTAIENTS Certification- Any Public Record Each 2.96 3.05 Certification (Excluding Public Records) Each 2.20 2.25 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 phis the following Special reproduction charges (if any) Each Actual Cost Actual Cost Labor charges per person for locating and 78.62 Annual 38.39 preparing documents' Hour 24.00 24.00 Annual Quarter hour or 39.32 fraction thereof 6.00 6.00 Charges paid to a third person for retrieval and return of records held by that third person Each Actual Cost Actual Cost Wimess Fees Per Day 150.00 150.00 Police/Fire Per Day 275.00 275.00 at tender ofSubpoena plus fid[ cost that city incurs in terms ofsalary and trameling expenses for employee All other Employees 150.00 150.00 at tender ofSubpoena plus fill cost that city incurs in terms ofsalary and trameling expenses for employee Mileage Fees' (per mile, each way) Each 0.20 0.20 NOTE. Copies oftiaps,documents,graphs, orspecial work may befin-nishedupoo thepaymentofthe cost ofprinHng and preparation. In cases where a regular established price is ammailable, the Department Head, in collaboration with the Executive Director ofFinance & Management Seri ices, may establish a price coosistent with the cost ofprioting and preparation thereof. The Executive Director ofFinance & Management Seri ices shall report such exceptions to the City Manager. It shall be the responsibility ofthe Ciry Manager to review costs annually and make such recommendations to the Ciry Council as required to keep rates coosistent with costs. Government agencies and their official representatne(s) shall be exemptfirom 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. Subscriptions Agenda only: Council Boards/Commissions Minutes only: Council Boards/Commissions Conforms to California Government Code Section 68096.1 and 68097.2 1 75A-2-11 Deposit -Flat Rate 111.97 114.66 Annual 76.78 78.62 Annual 38.39 39.32 Annual 76.78 78.62 Annual 38.39 39.32 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE SECTION I ALL DEPARTAIENTS Agenda & Minutes Council Boards/Commissions Ciry Council Agenda and Minutes can be obtained at no charge from the Chm s internet-website at www.santa-ana.orn Santa Ana Municipal Code (SAMC) and Supplements (order directly by catling Municipal Code Corporation at 1-800-262-2633) 2.40% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Annual 153.56 157.24 Annual 76.78 78.62 Buildine 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 5 Nonresident commercial, business, and for-profit organizations. Facifift Group 1 Group 2 Group 3 Group 4 Group 5 Council Chambers/Room 147 Up to 3 hours N/C 141.69 283.39 196.27 409.34 2.4% N/C 145.09 290.19 200.98 419.17 Each additional hour N/C 45.13 91.32 65.07 136.45 2.4% N/C 46.22 93.51 66.64 139.73 Cleaning Deposit (may be refundable) 218.31 218.31 218.31 218.31 218.31 2.4% 223.55 223.55 223.55 223.55 223.55 Police Facility Community Room Up to 3 hours N/C 141.69 283.39 196.27 409.34 2.4% N/C 145.09 290.19 200.98 419.17 Each additional hour N/C 45.13 91.32 65.07 136.45 2.4% N/C 46.22 93.51 66.64 139.73 Cleaning Deposit (may be refundable) 218.31 218.31 218.31 218.31 218.31 2.4% 223.55 223.55 223.55 223.55 223.55 The Depot Lobby Per Hour N/C 176.81 235.06 175.78 293.31 2.4% N/C 181.05 240.70 180.00 300.35 Lobby Cleaning Deposit 209.51 209.51 209.51 209.51 209.51 2.4% 214.54 214.54 214.54 214.54 214.54 The Depot Courtyard Per Hour NC 58.25 86.87 58.25 116.50 2.4% N/C 59.65 88.95 59.65 119.30 Courtyard Cleaning Deposit 105.27 105.27 105.27 105.27 105.27 2.4% 107.79 107.79 107.79 107.79 107.79 The Depot Meeting Room Up to 3 Hours N/C 75.63 152.28 105.27 221.77 2.4% N/C 77.44 155.93 107.79 227.10 Each Add. Hour N/C 17.37 29.64 22.48 45.99 2.4% N/C 17.79 30.35 23.02 47.09 Cleaning Deposit (may be refundable) 218.31 218.31 218.31 218.31 218.31 2.4% 223.55 223.55 223.55 223.55 223.55 2 75A-2-12 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTA41SCELLANEOUS FEE OR SERVICE SECTION I ALL DEPARTMENTS Facifift Groan 1 Groan 2 Groan 3 Groan 4 Groan 5 The Depot - Suite 100 Up to 3 hours N/C 530.42 1.060.84 742.59 1.485.17 2.4% N/C 543.15 1.086.30 760.41 1.520.81 Each additional hour N/C 127.75 255.50 178.85 357.70 2.4% N/C 130.82 261.63 183.14 366.28 Cleaning Deposit 218.31 218.31 218.31 218.31 218.31 (may be refundable) 223.55 223.55 223.55 223.55 223.55 Library Room Rental per Hour MeetingRoom N/C 15.58 30.11 21.81 43.61 2.4% N/C 15.95 30.83 22.33 44.66 Kitchenette (Optional) N/C 7.27 15.58 10.38 16.62 2.4% N/C 7.44 15.95 10.63 17.02 The Librcoy has meeting rooms available for a fee at the Central and Newhope Libraries. City -sponsored activities wilt receive bookiiig priority. Alt events must be open to the general public atno charge. Laxm Bowline Clubhouse N/C 55.47 110.94 79.63 165.32 2.4% N/C 56.80 113.60 81.54 169.29 Southwest Sr. Center California Room N/C 98.86 165.88 110.94 198.82 2.4% N/C 101.23 169.86 113.60 203.60 DiningRoom N/C 32.95 52.73 39.55 79.65 2.4% N/C 33.74 54.00 40.50 81.57 Kitchen N/C 26.37 39.55 32.95 52.73 2.4% N/C 27.00 40.50 33.74 54.00 Conference Room N/C 32.95 52.73 39.55 79.65 2.4% N/C 33.74 54.00 40.50 81.57 Santa Ana Sr. Center Main Room N/C 101.53 170.36 113.94 204.19 2.4% N/C 103.97 174.45 116.67 209.09 DiningRoom N/C 32.95 52.73 39.55 79.65 2.4% N/C 33.74 54.00 40.50 81.57 Kitchen N/C 26.37 39.55 32.95 52.73 2.4% N/C 27.00 40.50 33.74 54.00 Classroom N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Salgado Community Center Meeting RoomA N/C 36.25 73.60 52.73 106.00 2.4% N/C 37.12 75.36 54.00 108.54 Meeting RoomB N/C 18.13 36.24 26.37 52.72 2.4% N/C 18.56 37.11 27.00 53.99 Kitchen N/C 13.74 27.46 19.23 39.55 2.4% N/C 14.07 28.12 19.69 40.50 Gymnasium N/C 69.21 138.41 98.86 198.82 2.4% N/C 70.87 141.73 101.23 203.60 3 75A-2-13 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE SECTION I ALL DEPARTNIENTS Facifift Groan 1 Groan 2 Groan 3 Groan 4 Groan 5 Jerome Recreation Center Social Hall N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Class Room N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Kitchen N/C 13.74 27.46 19.23 39.55 2.4% N/C 14.07 28.12 19.69 40.50 Gymnasium N/C 67.18 134.37 95.97 193.02 2.4% N/C 68.80 137.59 98.28 197.65 EI Salvador Center Social Hall N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Class Room N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Kitchen N/C 13.74 27.46 19.23 39.55 2.4% N/C 14.07 28.12 19.69 40.50 Memorial Center Social Hall N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Class Room N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Lee Cabins N/C 9.33 18.13 13.18 19.23 2.4% N/C 9.55 18.56 13.50 19.69 Corbin Center Iyer room) N/C 18.13 36.25 26.37 52.73 2.4% N/C 18.56 37.12 27.00 54.00 Hector Godinez Mel, School Class Room N/C 31.31 50.54 37.90 75.80 2.4% N/C 32.06 51.75 38.81 77.62 MeetingRoom N/C 34.61 70.30 50.54 101.05 2.4% N/C 35.44 71.99 51.75 103.48 Performing Arts Facility N/C 94.47 158.17 106.00 189.48 2.4% N/C 96.74 161.97 108.54 194.03 Hand R00m N/C 52.72 106.00 75.80 157.64 2.4% N/C 53.99 108.54 77.62 161.42 Gymnasium N/C 66.47 132.36 94.47 189.48 2.4% N/C 68.07 135.54 96.74 194.03 See SECTION VII for surcharges Santiaeo Wildlife and Watershed Center Class Room N/C 43.94 73.38 49.22 87.88 2.4% N/C 44.99 75.14 50.40 89.99 Stadium Concession Buildine N/C 55.47 110.94 79.63 165.32 2.4% N/C 56.80 113.60 81.54 169.29 4 75A-2-14 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FV 14-15 FV 15-16 ACCOUNT DEPARTMENTARSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION H CLERK OF THE COUNCIL 57070 Initiative Petition Pursuant to California Elections Code 9202(b) & City of Santa Ana Council Resolution 88-048 Per Filing 200.00 200.00 57070 Maps City Precinct Maps (Refer to the Orange Counry Voter Registrar's Office) Oversized City and Ward Maps (Actual cost to reproduce by Public Works Agency Actual Cost Actual Cost Geographical Information Systems (GIS) Maps, FV 2012-13 is $12.96) 57070 Notification for Nerve or Increased Taxes Pursuant to Government Code Section 54954.6 (b) (1) Per Request 53.53 54.81 57070 City Charter Over the Counter Per Unit 13.64 13.97 Mailed Requested Per Unit 17.32 17.73 57070 Copies of Council Minutes, Ordinances, Resolutions Paper Copies including Fax Copies Each Page 0.20 0.20 Specially Reproduced Copies (e.g., floppy disks) Each Page Actual Cost Actual Cost 57070 Fair Political Practice Commission (FPPC) Statements Retrieval Fee for Statements 5 years of age or over Per Record 5.00 5.00 Copy Charge for Statements Per Record 0.10 0.10 57070 Tapes of Council Meetings DVD's Per Meeting 5.25 5.37 (order DFD's directly by calling Parks, 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 118.00 121.00 Processing Fee Per Request 40.00 41.00 Labor Charges Per Hour 40.00 41.00 5 75A-2-15 RESOLUTION 2015-### REVENUE ACCOUNT SECTION III Various -57990 DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT COMMUNITY DEVELOPMENT AGENCY Subordination Fee Density Bonus Setup Fee 6 75A-2-16 Per Loan 2.40% PROPOSED FY 14-15 FY 15-16 FEES FEES 250.00 250.00 1/8 of 1% 1/8 of 1% Gross Gross Valuation of Valuation of Construction Construction Charge Charge RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGENIENT SERVICES 51002 Dog License Fees Counry of Orange fees relating to the redemption of dogs adopted by City Council on 01/06/03 (Reno. No 2003-004)" Program administered by Police Department County ofOrange proposed fees, subject to change pending County approval `°s CA Food & Apiculture Code Sec. 30804.5 sets the fee for altered dogs at no more than 50% of unaltered dogs. Annual "Altered (Neutered or Spayed) Each Dog"" 27.00 27.00 "Unaltered Each Dog"" 100.00 100.00 Replacement of Tag Each"" 3.00 3.00 "Senior Citizen (65 or older) Animalmust be spayed/neutered. Each"" 13.50 13.50 "Late License Penalty (after 30 days) Each"" 35.00 35.00 'Puppy License (12 month license for dogs under 6 months) Each Dog"" 27.00 27.00 53902 Bound Copy (Unabridged) Chapter 21 SAMC Business License Code Customer Pickup Each 35.52 36.37 Mailed Each 43.77 44.82 53902 Finance -Record Abstract Certified Each 18.46 18.91 Uncertified Each 11.81 12.09 53902 Finance - Records Research Fee (Minimum I hour) Per Hour 45.88 46.98 50045 Monthly New Business License List Each 18.46 18.91 50045 Inspection/Collection Service Fee Each BLT 52.12 53.37 re-inspection/collection visit Per qualib ntg BLT audit (underpayments of 10% 50045 Audit Service Fee or greater, but of less than $250) 54.17 55.47 50045 Autoregistration Service Fee Per BLT account autoregistration/assessment 14.31 14.65 50045 Recording Service Fee Per recording of BLT lien 54.17 55.47 50045 Transfer Service Fee Per BLT account collection transfer 34.75 35.58 50045 Hewing Service Fee Per BLT administrative hewing 102.20 104.65 53900 Credit Card Processing Fee (fee wan ed by Council) Per Transaction Waived Waived 57900 Return Payment Service Fee Ist item 25.00 25.00 each Subsequent item 35.00 35.00 53901 Stop Payment/Reissue Fee Each 10.99 11.25 6017002 Utility Service Set-up 53716 After hours Each 136.20 139.46 53715 Consumption On/Off Meter Charge Each 54.40 55.71 53715 Collection Charge Each 26.69 27.33 53715 Re/Disconnect Charge Each 54.40 55.71 Connection Charge Each 35.77 36.63 53715 Off for Bad Check Each 54.40 55.71 53717 Tag Fee (Upon affixing) Each 11.73 12.02 53714 Investigation/Re-read Meter Each 11.73 12.02 7 75A-2-17 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTION IV FINANCE & MANAGENIENT SERVICES 57000 Copy of Comprehensive Annual Financial Report (CAFR) Each Actual Cost Actual Cost 57000 Copy of City Annual Budget Each Actual Cost Actual Cost 50035 UUT Max Tax Processing Fee Per refund, Maximum 219.95 225.23 There is a maximum fee charge of 5219.95 per refund, or a 540.00 per hour charge for reviwv & processing, whichever is less. 53402 Paramedic Subscription Fee Per Household/Business Location Annual 50.96 52.18 8 75A-2-18 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTNIENI/NI SCELLANEOUS FEE OR SERVICE SECTION V FIRE SERVICES 53505 Fire Incident Reports Per Report (20 pages or less)• 53505 Fire Incident Report/Photographs on Computer Disc (CD) Reports and photographs in a digital format 53505 Fire Incident or Medical Incident Reports (Requiring computer search) *Minimum one (1) hour 53505 Fire Inspection Reports 53505 Fire Code and Fire Code Standard Copies 51501 Fireworks/Stands and Displays: Permit for Sale (Retail Stand Only) Cleanup Deposit Bond (Refundable) 12015002 53700 Fire Facilities Pertains to construction built over 2 stories in height. Rate is set by ordinance 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 53509 Advanced Life Support(ALS)Treatment Per ALS Treated Patient 53509 Emergency Medical Assessment Per BLS or ALS assessment where no transport occurs 53509 Administration of Oxygen during Transport Per Patient receiving oxygen 53509 Emergency Base Rate/Transportation (in Fire Dept -owned vehicle) Per Transported Patient 53509 Mileage Per Transport Per Transport Mile Per Transported Patient 53509 DISPOSIBLE MEDICAL SUPPLIES AIRWAY OXYGEN SUCTION Airway Bridge Ainvay - Combitube, holder Ainvay - ET Kit, Slick set, holder, laryngoscope blade, eye protection, N-95 mask Airway Nasal Airway Oral 75A�2-19 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES per page 0.21 0.21 per page 0.21 0.21 per page 0.21 0.21 per page 0.21 0.21 per page 0.21 0.21 Per Stand Per Stand Per Sq. Ft. of floor area Each 397.76 407.31 179.69 184.00 0.78 0.80 267.65 274.07 Each 428.23 438.51 N/A 141.70 145.10 Each 74.52 76.31 Each 599.32 613.70 Each 15.74 16.12 Each 27.29 27.94 Each 110.21 112.85 Per Patient 47.23 48.37 Each 32.54 33.32 Each 2.79 2.86 RESOLUTION 2015-### REVENUE ACCOUNT SECTION V FIRE SERVICES 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 CARDIAC MONITOR/ DEFIBRILLATION 2.4% Monitor -electrodes PROPOSED 28.76 FY 14-15 FY 15-16 UNIT FEES FEES Defibrillation pads Per Pair 51.26 Each 64.03 65.56 Each 171.08 175.19 Each 19.94 20.42 Each 4.05 4.15 Each 3.59 3.68 Each 4.61 4.72 Per Patient 76.31 78.14 Per Patient 30.02 30.74 CARDIAC MONITOR/ DEFIBRILLATION Monitor -electrodes Per Patient 28.76 29.45 Defibrillation gel Per Patient 4.62 4.73 Defibrillation pads Per Pair 51.26 52.49 DRESSING/ IMMOBILIZATION Minor trauma kit - Band-Aid, 4x4, 2x2, Kerlix, tape, eye pad Per Patient 5.92 6.06 Major trauma kit - 4xTs, ABD pads, Kerlix, tape, petroleum dsg Per Patient 8.71 8.92 Bum pack- Bum sheet, any size bum towel, irrigation saline Per Patient 33.78 34.59 Cold pack Each 3.01 3.08 Gloves Per Pair 1.66 1.70 Hip wrap (disposable hip splint) Each 34.17 34.99 Restraint (limb restraint) Each 3.01 3.08 Spinal Immobilization - backboard- cervical collar, StaBlock, tape Per Patient 43.79 44.84 Splint - air or cardboard Each 13.67 13.99 Vacuum Splint Each 13.68 14.00 IV ADMINISTRATION Annboard Each 5.92 6.06 IV Start - IV Start Kit, prep razor, sharpsafe, connectors Each 13.15 13.47 IV Solution -250cc Saline, tubing Each 14.98 15.34 IV Solution- 1000cc Saline, tubing Each 16.12 16.51 Needles - disposable Each 1.48 1.52 Saline lock Each 5.42 5.55 Syringe Each 2.84 2.91 MEDICATIONS Adenosine Each 30.33 31.06 Albuterol Each 2.83 2.90 Amiodarone Each 41.56 42.56 Atropine, Ampule Each 3.36 3.44 Atropine, Syringe Each 11.08 11.35 Diphenhydramine Each 3.63 3.72 Dextrose, Syringe Each 16.63 17.02 Dopamine, with drip regulator Each 9.05 9.26 Epinephrine, 1:1000 amp Each 4.66 4.77 Epinephrine, 1: 1000 30c vial Each 19.40 19.86 Epinephrine, 1:10000 syringe Each 43.34 44.38 Glucagon Each 220.62 225.92 Glucose solution Each 6.47 6.62 Lidocaine Each 11.08 11.35 Morphine, amp Each 3.36 3.44 Narcan, syringe Each 46.96 48.09 Narcan, vial Each 103.24 105.72 Nitro spray Each 7.03 7.20 Nonnal saline lore vial Each 1.78 1.83 Sodium Bicarb Each 2.35 2.41 Versed Each 6.42 6.58 75Am2-20 RESOLUTION 2015-### REVENUE ACCOUNT SECTION V FIRE SERVICES MISCELLANEOUS SUPPLIES Linen - Disposable sheet, gamey Blanket KCD Blanket, quilted (disposable) Communicable Disease Kit - Personal protection pale eye protection, mnex wipes Emesis Basin - Convenience bag Glucometer Strips Irrigation Saline - 500cc bottle N 95 Mask OB Kit - Disposable OB Kit, eye protection 75Ar-2-21 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 1.31 1.34 Each 17.82 18.25 Each 22.79 23.33 Each 10.25 10.50 Each 2.28 2.33 Each 5.57 5.71 Each 3.06 3.14 Each 2.68 2.74 Each 53.82 55.11 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTNIENT/NHSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VI LIBRARY 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 Cost* 55200 Regular Books & Mufti -Media Kits - Overdue/Loss of Use Fee Per Day 0.25 0.25 (Includes adult books and chiluken books) Maximum Actual Cost* 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 ($10 or Actual Cost whichever is less) Maximum 53203 Compact Discs/Rental Per 2Week 0.50 0.50 Children's Per 2Week 0.25 0.25 53203 DVDNideo Cassettes/Rental Entertainment Per 2 weeks 2.00 2.00 Instructional & 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 Bar 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 75A-2-22 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTNIENLINI SCELLANEOUS FEE OR SERVICE SECTION VI LIBRARY 57200 Newspaper Search Fee 57200 Computer Rental 53200 Nonresident Library Card Fee Per Card Nonresident Library Card for Employees 45.00 of Santa Ana Businesses 30.00 To be consistent with Resolution 63-204: Fired Chmgefor Nonresidents. Per Day One Day Library Pass 53201 Passport Execution Fee 25.00 Digital Services Photograph Request - Non -Commercial Use Per linage jpeg images from online catalog for personal use Free Tiff files/prints from existing scan 5.00 Image from previously unscanned material Per Image Image for Commercial Use 15.00 Compact Disc Fee 57200 Interlibrary Loan Fee 13 75A-2-23 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Per Search 20.00 20.00 Per Hour 5.00 5.00 Per Card 45.00 45.00 Per Card/Year 30.00 0.00 Per Day 15.00 15.00 Per Application 25.00 25.00 Per linage 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 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES DEFINITION OF RESIDENT For Group aria ities, those groups for which at least 51 % ofparticipants either tine or work in the Cary ofSanta Ana, the resident rate shall be applied. 53316 LEISURE CLASSES Variable Variable From fine 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 Facilities/Reservation/Supervision(Mandatory) ResidentfNon-Resident Per Hour 21.32 21.83 53319 ParkRanger/Security Per Hour 56.01 57.35 TBD Rate for all other Services, Labor. Material, Lost or Damaged Equipment City's Cost City's Cost 53308 SHO WMOBILES AND OTHER EQUIPMENT Professional Commercial Rentals Per Day 409.81 419.65 Schools, Non-profit, Government Per Day 204.90 209.82 Supervision Cost (Mandatory) Per Hour 35.52 36.37 Mobile Bleacher "4 Hour Minimum Per Hour': 35.52 36.37 Mobile Bleacher Additional Hour Per Hour 28.42 29.11 53308 Events Trailer - Tables and Chairs Tables Per Table/Day 10.66 10.92 Chairs Per Chair/Day 1.60 1.63 ATHLETIC FIELDS AND FACILITIES 53308 Multi -Propose Field Fees AdultNon- Resident/Profit Per Hour 24.97 25.57 AdultNon- Resident/Non-Profit Per Hour 21.85 22.37 Adult Resident/ Profit Per Hour 15.61 15.98 Adult Resident/ Non -Profit Per Hour 12.48 12.78 53307 Youth Non -Resident/ Profit Per Hour 9.09 9.30 Youth Non-ResidentfNon-Profit Per Hour 6.06 6.21 Youth Resident/ Profit Per Hour 3.04 3.11 Youth Resident/ Non -Profit Per Hour 1.50 1.54 53308 Multi -Propose Court Fees Adult Non- Res/ Profit Per Hour 12.48 12.78 Adult Non- Res/ Non -Profit Per Hour 10.93 11.19 14 75A-2-24 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOU_YT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Adult Resident/ Profit Per Hour 7.81 8.00 Adult Resident/ Non -Profit Per Hour 6.24 6.39 Youth Non -Resident/ Profit Per Hour 4.68 4.79 Youth Non-Resident/Non-Profit Per Hour 3.13 3.20 Youth Resident/ Profit Per Hour 1.55 1.59 Youth Resident/ Non -Profit Per Hour 0.75 0.76 53308 DYSC Reservation Fee -No Admission Adult Non- Resident/Profit Per Hour 69.15 69.15 Adult Non- Resident/Non-Profit Per Hour 60.51 60.51 Adult Resident/ Profit Per Hour 43.22 43.22 Adult Resident/ Non -Profit Per Hour 34.57 34.57 53307 Youth Non -Resident/ Profit Per Hour 25.17 25.17 Youth Non-Resident/Non-Profit Per Hour 16.79 16.79 Youth Resident/ Profit Per Hour 8.39 8.39 Youth Resident/ Non -Profit Per Hour 4.03 4.03 53308 DYSC Reservation Fee -Admission Adult Non- Resident/Profit Per Hour 98.81 98.81 Adult Non- Resident/Non-Profit Per Hour 86.46 86.46 Adult Resident/ Profit Per Hour 61.76 61.76 Adult Resident/ Non -Profit Per Hour 49.40 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 135 18783-69011 AdultNon- 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 25.17 25.17 Youth Non-Resident/Non-Profit Per Hour 16.79 16.79 Youth Resident/ Profit Per Hour 8.39 8.39 Youth Resident/ Non -Profit Per Hour 4.03 4.03 53308 Athletic Facility Lights Adult Non- Resident/Profit Per Hour 44.97 46.05 Adult Non- Resident/Non-Profit Per Hour 39.86 40.81 Adult Resident/ Profit Per Hour 29.64 30.35 Adult Resident/ Non -Profit Per Hour 24.53 25.12 15 75A-2-25 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 53307 Youth Non -Resident/ Profit Per Hour 10.80 11.06 Youth Non-Resident/Non-Profit Per Hour 7.19 7.37 Youth Resident/ Profit Per Hour 3.60 3.68 Youth Resident/ Non -Profit Per Hour 1.73 1.77 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 2.82 2.89 SANTA ANA STADIUM 57362 Stadium Spoiling Event(12-14Hours)Fee Adult Non- Resident/Profit Per Day 1.383.21 1.416.40 Adult Non- Resident/Non-Profit Per Day 1.210.29 1.239.34 Adult Resident/ Profit Per Day 864.50 885.25 Adult Resident/ Non -Profit Per Day 691.60 708.20 Youth Non-Resident/Profit Per Day 503.55 515.63 Youth Non-Resident/Non-Profit Per Day 335.70 343.75 Youth Resident/ Profit Per Day 167.85 171.88 Youth Resident/ Non -Profit Per Day 80.62 82.55 57362 Stadium Sporting Events Fee AdultNon- Resident/Profit Per Hour 115.73 118.51 Adult Non- Resident/Non-Profit Per Hour 101.26 103.69 Adult Resident/ Profit Per Hour 72.33 74.06 Adult Resident/ Non -Profit Per Hour 57.87 59.25 Youth Non-Resident/Profit Per Hour 42.13 43.14 Youth Non-Resident/Non-Profit Per Hour 28.08 28.76 Youth Resident/ Profit Per Hour 14.04 14.38 Youth Resident/ Non -Profit Per Hour 6.75 6.91 57362 Local high schools and colleges +Security Flat Fee Per Day 1.429.66 1.463.97 57362 Playoff Gaines +Security Colleges, Universities, League or Conference Playoff Games for NCAA. ETC. Flat Fee plus security Per Day 1.770.05 1.812.53 Stadium Concession Building (see SECTION 1) 57362 Commercial Events/Admin. 7500 and over Both Grandstands Per Day 11.533.97 11.810.78 West Grandstand Only Per Day 5.766.98 5.905.39 West Grandstand and Field Level Seating Per Day 8.650.48 8.858.09 Both Grand stands and Field Level Seating Per Day 17.300.95 17.716.17 16 75A-2-26 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE SECTION VII PARKS, RECREATION & COMMUNITY SERVICES 57362 Commercial Events/Extra Day 1.163.84 Move -in, if available: Flat Fee 57362 Commercial Events/Non-Spectator 1.500.00 One to two days 1.536.00 Three or more consecutive days Per All-inclusive rental includes basic staffing lighting and rental fees 57362 Events/Sohcit Donations 1.228.80 No admission charge 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Per Day 1.136.56 1.000.00 1.163.84 57362 Per Day 1.500.00 84.37 1.536.00 Santa Ana Stadium Advertising Fee (per advertiser) Per Day 1.200.00 1.228.80 Per Day Per Day 4.049.03 4.146.21 57362 Santa Ana Stadium- Television Rights Per Event 1.000.00 1.024.00 57362 Santa Ana Stadium Graphics Operator Per hour 82.39 84.37 53315 Santa Ana Stadium Advertising Fee (per advertiser) Group I Per Day N/C N/C Group Per Day 43.94 44.99 Group Per Day 54.93 56.24 Group Per Day 65.91 67.50 Groups Per Day 87.88 89.99 See SECTION 1. All Departments, Building Rental Fees, for group descriptions AQUATICS 53304 General Admin. Adult -Pools Fee 2.00 2.05 53304 General Admin. Child -Pools Fee 1.00 1.02 53304 Swim Lessons -Two Week Session Child Per Child 35.92 36.78 Adult Per Adult 41.91 42.92 53304 Swim Lessons: Non -Profits for Red Cross Certification Minimum 10 children with I adult Per Child 14.59 14.94 53304 Pools Rental, to 75 people, includes 2 Lifeguards - Day Rates Resident Per Hour 95.62 97.91 Non -Resident Per Horn 116.11 118.89 53304 Pools Rental, 75+ people, includes 3 Lifeguards - Day Rates Resident Per Hour 143.43 146.87 Non -Resident Per Hour 163.93 167.86 53304 Swim Team monthly fee Per Child 35.92 36.78 53304 Lifeguard per additional 75 people Per Hour 20.50 20.99 Note. Poor rental charges are for nonprofit, prn ate and avan teams. 17 75A-2-27 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES TENNIS ILA WNBOWLWG 53318 Tennis -First & Flower/weekdays 9am-Lim Per Hour 2.00 2.05 4pm-dusk Per Hour 2.00 2.05 with lights Per Hour 4.00 4.10 53318 Tennis: Non-profit reservations per hour Resident Per Hour 1.00 1.02 Non -Resident Per Hour 2.00 2.05 57361 Santiago Lawn Bowling Greens Per Month 500.00 512.00 OTHER RECREATIONPROGRAMS 53306 Sports, Adult Softball/Fast Pitch PerTeam 621.88 636.80 Softball/Slow Pitch Per Team 458.22 469.22 Forfeit Fee, Refundable Per Team 65.46 67.03 Basketball Per Team 490.95 502.73 53306 Sports, Adult City Soccer League- No Lights Per Game 43.73 0.00 City Soccer League- With Lights Per Game 62.46 0.00 53303 Sports, Youth: Registration for Baseball, T -Ball. Basketball, Flag football. Kickball, Softball, Soccer. and Volleyball. Reg. per person/spoil (includes T-shirt) Each 31.49 32.24 Shirt -Extra Each 10.61 10.87 Cap -Extra Each 10.61 10.87 Shirt & Cap -Extra Set 19.90 20.38 53301 Vacation Recreation Program Resident -per week Per Child 79.98 81.90 Resident Second Child- per week Per Child 53.32 54.60 Additional Non -Resident Fee Per Registration 13.66 13.98 Resident -per day (two day minimum) Per Child 16.00 16.38 53301 Family PRIDE Fees Excursion Has Fees Per Child 2.52 2.58 Per Adult 3.79 3.88 Family Annual Membership Fee Per Family 63.04 64.55 Campout Per Family 31.51 32.27 Halloween Dance Per Child 1.26 1.29 Per Adult 3.79 3.88 Christmas Dinner Per Child 6.30 6.45 Per Adult 8.83 9.04 Parent Dinner Dance Per Person 18.91 19.37 Per Couple 31.51 32.27 Teen Club Annual Member ship PerMember 18.91 19.37 Teen Dance Per Person 3.79 3.88 53301 Excursion Has Fee Per Child 3.79 3.88 Per Adult 6.30 6.45 18 75A-2-28 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE U_YIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES SANTA ANA ZOO AT PRENTICE PARK 53312 Zoo Admissions (Full-day) 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 6.00 Child/Senior Each 4.00 4.00 53310 Zoo Education Programs: Rates to be established and aahertised by the Executive Director of Recreation & Community Services Agency, through fliers or other media. ✓OWT USE FEES 57390 Hector Godinez Reservation Surcharge Per Reservation 10.22 10.00 Per Joint Use Agreementnvith the Santa Ana Unified School District 57390 Hector Godinez Field Lights Per Hour N/A N/A Football Field Per Horn 12.26 12.56 Baseball Field Per Hour 16.35 16.74 Soccer Field Per Horn 12.26 12.56 Classroom Per Hour 2.04 2.09 Gymnasium Per Horn 21.46 21.98 Performing Arts Center Per Hour 50.08 51.28 Black Box Per Hour 11.24 11.51 Outdoor Basketball Per Horn 4.09 4.19 57390 Hector Godinez Participant Fee Per Participant 1.02 1.00 Per Joint Use Agreementnvith the Santa Ana Unified School District OTHER SPECIAL FEES 05 113 002-533 17 Adult Soccer Reservation Surcharge Per Game 28.80 29.49 05 113 002-533 17 Adult Baseball Reservation Surcharge PerGame 18.40 18.84 51301 Filming Permit Fee Per Day 403.36 413.04 Program administered b.vParks, Recreation & Community Services 53308 Park Facilities/Reservation/Audio Permits Resident Each 42.62 43.65 Non -Resident Each 56.84 58.20 19 75A-2-29 RESOLUTION 2015-### Each 6.467.01 2.4% 4bedrooms Each 5.812.67 PROPOSED REVENUE 3 bedrooms Each FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE U_YIT FEES FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES Each 2.936.51 3.006.99 53308 Pubhc Space Special Event Fee First Event Day Group City Sponsored Event Each NC NC Group Resident Non -Profit Each 681.94 698.31 Group Non Resident Non -Profit Each 1.022.91 1.047.46 Group Resident Commercial Each 1.193.40 1.222.04 Groups Non Resident Commercial Each 1.704.86 1.745.77 Each Additional Day Group City Sponsored Event Per Day NC NC Group Resident Non -Profit Per Day 204.59 209.50 Group Non Resident Non -Profit Per Day 306.88 314.25 Group Resident Commercial Per Day 358.03 366.62 Groups Non Resident Commercial Per Day 511.46 523.73 See SECTION 1. All Departments, Building Rental Fees, for group descriptions 100.00 to 100.00 to 99810002-57391 Park Facilities Deposit Per Reservation 500.00 500.00 The appropriate depositfor each facility will be determined by the Executive Director ofPorks, Recreation and Community Services TBD Other Recreation and Aquatic Programs Rates to be established and arh ertised by the Executive Director ofParks, Recreation and Community Seri ices Agency through fliers or other media. 30113002-53300 Park Acquisition and Development Fees 5 bedrooms Each 6.467.01 6.622.22 4bedrooms Each 5.812.67 5.952.18 3 bedrooms Each 5.249.51 5.375.50 2 bedrooms Each 3.912.67 4.006.57 1 or less Each 2.936.51 3.006.99 20 75A-2-30 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES 57770 Accelerated Records Research Fee Per Hour 62.55 64.05 53606 Adult Entertainment Land Use Permit Fee 1,445.16 1,479.85 57770 Aerial Photos Individual Sheets Per Sheet 24.79 25.39 Complete Set Per Set 754.68 772.79 53606 Appeal Applicant Each 3,751.87 3,841.91 Non-Apphcant Each 373.24 382.19 53606 Certificate of Comphance Certificate 1,088.79 1,114.92 51605 Certificate of Occupancy (Planning & Inspection) Certificate 408.59 418.39 53606 Amendment Application(A.A.) Change of Zone or District Fee 4,681.87 4,794.24 53613 Change of Site Address Request Fee 1,053.27 1,078.55 53606 Conditional Use Permit Apphcation Fee Fee 5,032.74 5,153.53 53606 Condition Modification Fee 50% App. Fee 50% App. Fee 53606 Conditional Use Permit With aPC&N Determination(ABC License) Fee 4,480.02 4,587.54 53606 Conditional Use Permit Planned Residential Development Apphcation Fee Fee 8,002.39 8,194.45 53606 Conditional Use Permit(CUP) - Coffee House Entertainment CUP Fee 4,703.84 4,816.73 53606 Development Agreement/Review Deposit (Nonrefundable deposit required initially) Deposit 11,759.43 12,041.66 Plus Reimburse City for Actual Cost 53606 General Plan Amendment Flat Filing Fee Flat Fee 8,435.42 8,637.87 57770 General Plan Elements (Test) Per Set Actual Cost Actual Cost 57770 General Plan (Complete Test) 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 Auctions, Per Certificate 358.14 366.74 Child Care (8-14 children), Ancillary Massage 53613 Category 2 Sidewalk Sales, Parking Lot Sale, Outdoor Actions, Mobile Medical and Veterinary [nits, Outdoor Booths Per Certificate 358.14 366.74 21 75A-2-31 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE SECTION VIII PLANNING & BUILDING AGENCY 53613 Category3 Carnival. Cirnus. Outdoor Music Concert Arcade, ABC Licenses Flat Fee 53613 Category 4 Antennas/Dishes Flat Fee 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 Major Commercial Modification Review 53613 Off -Premise Advertising Permit Apphcation Fee 53606 Parcel Map Extension Tentative Flat Filing Fee Plus per Lot Fee 5407 Parcel Voluntary Merger Apphcation Fee 53606 Residential Relocation Filing Fee 53613 Second Dwelling Unit Review 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Per Certificate 642.24 657.65 Per Certificate 667.03 683.04 Fee 557.78 571.16 Each 166.04 170.02 Fee 930.42 952.75 Each 358.14 366.74 Each 358.14 366.74 Each 642.24 657.65 Per Map Actual Cost Actual Cost Fee 617.76 632.59 Fee 1,382.15 1,415.32 Fee 461.42 472.50 Fee 1,198.51 1,227.27 Fee 2,324.85 2,380.65 Fee 253.37 259.45 Fee 1,303.45 1,334.73 Fee 0.00 1,334.73 Fee 4,914.07 5,032.01 Fee 20% App. Fee 20% App. Fee Fee 4,060.06 4,157.50 Fee 17.28 17.69 Fee 2,316.88 2,372.49 Fee 3,700.10 3,788.90 Fee 1,980.50 2,028.83 22 75A-2-32 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION VIII PLANNING & BUILDING AGENCY 57770 Sectional Districts Maps Individual Sheets Per Map Acmal Cost Acmal Cost Complete Set Per Set Acmal Cost Acmal Cost 53613 Sign Permit Review Fee 449.59 460.38 53613 Planned Sign Program Review Fee 506.69 518.85 53606 Regional Planned Sign Program Fee 5,032.74 5,153.53 53613 Sign Program Amendment Fee 50%App. Fee 50%App. Fee 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 14,908.96 15,266.77 53613 Temporary Sign Permit Fee 146.63 150.15 53613 Temporary Trailer Permit Fee 562.34 575.84 57770 Subdivision Ordinance Each Citys Cost Citys Cost 53616 Site Plan Review S.F. RANGE BASE COST ADDITIONAL SQUARE FOOTAGE 4,123.80 plus [5.17 x sq. footage above I sq. ft.] 4,222.77 1,000 - 1,999 s.f....... 5,056.40 plus [3.81 x sq. footage above 1,000 sq. ft.] 5,177.75 2,000 - 4,499 s.f....... 8,785.60 plus [2.16 x sq. footage above 2,000 sq. ft.] 8,996.46 4,500 - 9,999........... 14,088.90 plus [1.23 x sq. footage above 4,500 sq. ft.] 14,427.04 10,000 - 19,999........ 20,730.00 plus [0.68 x sq. footage above 10,000 sq. ft.] 21,227.52 20,000 - 49,999........ 27,372.30 plus [0.25 x sq. footage above 20,000 sq. ft.] 28,029.23 50,000 - 99,999....... 34,471.80 plus [0.14 x sq. footage above 50,000 sq. ft.] 35,299.13 100,000+ s.f........... 41,317.70 plus [0.07 x sq. footage above 100,000 sq. ft.] 42,309.33 53606 Tract Map Tentative Filing Fee Fee 4,390.11 4,495.47 Plus Each Lot Fee 17.28 17.69 Plus Each Dwelling Unit Fee 17.28 17.69 53606 Underground Utilities Waiver Flat Filing Fee Fee 456.04 466.98 57770 Zoning Ordinance Booklets Per Booklet Citys Cost Citys Cost 53606 Variance Filing Fee Fee 4,882.03 4,999.20 Condition Modification Fee 50% App. Fee 50% App. Fee 53607 Environmental Impact Report Environmental Impact Report -In-House Fee 97,860.79 100,209.44 Environmental Impact Report- With Consultant 10% of Consultant fee 53607 Negative Declaration - In -House Fee 63,893.56 65,427.01 Negative Declaration - With Consultant 10% of Consultant fee Negative Declaration - Without Studies Fee 7,017.47 7,185.89 53607 Categorical Exemption / Environmental Determination Each 558.47 571.87 53606 Inclusionary Housing Agreement -In-lieu Fee Calculation Fee 10% Consultant Fee 10% Consultant Fee 23 75A-2-33 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTIN ISCELLANEOUS FEE OR SERVICE U_YIT FEES FEES SECTION VIII PLANNING & BULDLNG AGENCY 5406 Mobile Vending Fee Each 509.95 522.18 55601 Vendor Merchandise Release Fee Street/pushcart vendors Incident 160.65 164.51 51601 Re -Inspection Fees First assessment Each 80.29 82.22 Second assessment Each 118.58 121.43 Third assessment Each 160.65 164.51 51601 Extension Fee (Notice of Violation) Each 238.29 244.01 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 522.91 535.46 53418 Code Enforcement and Hewing Examiner Fee Per How 118.58 121.43 53418 Monitoring Fee Per How 135.32 138.57 Minimum 135.32 138.57 53606 Public Convenience& Necessity Determination Per Application 5.072.54 5.194.28 53618 Accelerated Development Project Review Each Citys Cost Citys Cost 53612 Mitigation Monitoring Fee due upon submission of site planreview Per Project 415.09 425.06 Fee due upon submission for Plan Check Per Project 878.65 899.73 53606 Historic Property Preservation Agreement Each 4.022.46 4.119.00 (Mills Act Apphcation) 53606 Historic Exterior Modification (HEMA) Each 1.992.38 2.040.20 53060 Self -nomination of properties to the Santa Ana Register of Each 5.125.38 5.248.39 Historical Properties 57770 Sale of Miscellaneous Items Citys Cost Citys Cost (e.g., Informational Literature) 53614 Shopping Cart Containment Program Annual Fee 632.85 648.04 55402 Commercial Vehicle Violation: Private Property First Violation 71.18 72.89 Second Violation 107.81 110.40 Third Violation 134.79 138.02 Pursuant to SAMC Sec 41-6071(h) 55000 Commercial Vehicle Violation: Public Streets First Violation 71.18 72.89 Second Violation 107.81 110.40 Third Violation 134.79 138.02 Pursuant to SAMC Sec 41-6071(h) Program administered by Police Department 24 75A-2-34 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE U_YIT FEES FEES SECTION VIII PLANNING & BULDING AGENCY 55402 Yard Parking Violation First Violation 71.18 72.89 Second Violation 107.81 110.40 Third Violation 134.79 138.02 Pursuant to SAMC Sec 41-6071(e) 55402 Displaying Vehicle For Sale First Violation 71.18 72.89 Second Violation 107.81 110.40 Third Violation 134.79 138.02 Pursuant to SAMC Sec 41-1301(x) 25 75A-2-35 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & RUD.DING AGENCY 53600 1) 10,000 s1f w/o interior improvements - Structural Plan Check sq. ft. $0.88 $0.90 51601 2) 10,000 s1f w/o interior improvements - Structural Plan Inspection sq. ft. $0.24 $0.25 see individual see individual 51602 3) 10.000 sf w/o interior improvements - EMP Insp item 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 $0.09 51601 6) 60.000 sf w/o interior improvements - Structural Insp sq. ft. $0.08 $0.09 see individual see individual 51602 7) 60.000 sf w/o interior improvements - EMP Insp 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 $0.08 51601 10) 100.000 sf w/o interior improvements - Structural Insp sq. ft. $0.13 $0.13 see individual see individual 51602 11) 100.000 sf 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 Check item schedule item schedule 53602 53603 53600 13) 10.000 sf with interior improvements - Structural Plan Check sq. ft. $1.20 $1.23 51601 14) 10.000 sf with interior improvements - Structural Insp sq. ft. $0.34 $0.35 see individual see individual 51602 15) 10.000 sf with interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 16) 10.000 sf with interior improvements - EMP Plan Check item schedule item schedule 53602 53603 Mi -2-36 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & RUD.DING AGENCY 53600 17) 60.000 sf with interior improvements - Structural Plan Check sq. ft. $0.08 $0.09 51601 18) 60.000 sf with interior improvements - Structural Insp sq. ft. $0.15 $0.15 see individual see individual 51602 19) 60.000 sf with interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 20) 60.000 sf with interior improvements - EMP Plan Check item schedule item schedule 53602 53603 53600 21) 100.000 sf with interior improvements - Structural Plan Check sq. ft. $0.12 $0.12 51601 22) 100.000 sf with interior improvements - Structural Insp sq. ft. $0.15 $0.15 see individual see individual 51602 23) 100.000 sf with interior improvements - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 24) 100.000 sf with interior improvements - EMP Plan Check item schedule item schedule 53602 53603 53600 25) High Rise, 5 Stories or more - Structural Plan Check assumes 50k sq. ft. $0.81 $0.83 51601 26) High Rise, 5 Stories or more - Structural Insp assumes 50k sq. ft. $0.23 $0.24 see individual see individual 51602 27) High Rise, 5 Stories or more - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 28) High Rise, 5 Stories or more - EMP Plan Check item schedule item schedule 53602 53603 53600 29) 2.500 sf Residential 2 story SFD - Structural Plan Check sq. ft. $2.09 $2.14 If single story sq. ft. $0.96 $0.98 Ifrepeat sq. ft. $0.48 $0.49 51601 30) 2.500 sf Residential SFD - Structural Insp sq. ft. $0.55 $0.56 see individual see individual 51602 31) 2.500 sf Residential SFD - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 32) 2.500 sf Residential SFD - EMP Plan Check item schedule item schedule 75Ai-2-37 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 53602 53603 53600 33) Apartment, 10 units - Structural Plan Check assumes 10k sq. ft. $0.96 $0.98 51601 34) Apartment, 10 units - Structural Insp assumes 10k sq. ft. $0.22 $0.23 see individual see individual 51602 35) Apartment, 10 units - EMP Insp item schedule item schedule 51603 51604 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 15k sq. ft. $1.03 $1.05 51601 38) Hotel/Motel, 20 units - Structural Insp assumes 15k sq. ft. $0.40 $0.41 see individual see individual 51602 39) Hotel/Motel, 20 units - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 40) Hotel/Motel, 20 units - EMP Plan Check item schedule item schedule 53602 53603 53600 41) Misc Resid. Structure: Patio Cover/Garage-Structural Plan Check sq. ft. $0.34 $0.35 51601 42) Misc. Resid. Structure: Patio Cover/ Garage - Structural Insp sq. ft. $0.35 $0.36 see individual see individual 51602 43) Misc. Resid. Structure: Patio Cover/ Garage - EMP Insp item schedule item schedule 51603 51604 53600 44) Addition: up to 500 sf Resid Ist floor - Structural Plan Check sq. ft. $1.19 $1.21 51601 45) Addition: up to 500 sf Resid Ist floor - Structural Insp sq. ft. $0.96 $0.98 see individual see individual 51602 46) Addition: up [0 500 sf Resid Is[ floor -EMP Insp item schedule item schedule 51603 51604 53600 47) Addition: up to 1.500 sf Resid Ist floor - Structural Plan Check sq. ft. $0.96 $0.98 51601 48) Addition: up to 1,500 sf Resid Ist floor - Structural Insp sq. ft. $0.80 $0.82 see individual see individual 51602 49) Addition: up to 1.500 sf Resid Ist floor - EMP Insp item schedule item schedule Mi -2-38 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTA ISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLAN\LNG & RUD.DING AGENCY 51603 51604 see individual see individual 53601 50) Addition: up to 1,500 sf Resid Ist floor - EMP Plan Check item schedule item schedule 53602 53603 53600 51) Addition: up to 500 sf Resid 2nd floor - Structural Plan Check sq. ft. $3.26 $3.34 51601 52) Addition: up to 500 sf Resid 2nd floor - Structural Insp sq. ft. $1.66 $1.70 see individual see individual 51602 53) Addition: up to 500 sf Resid 2nd floor - EMP Insp item schedule item schedule 51603 51604 53600 54) Addition: up to 1,500 sf Resid 2nd floor - Structural Plan Check sq. ft. $2.13 $2.18 51601 55) Addition: up to 1,500 sf Resid 2nd floor - Structural Insp sq. ft. $0.93 $0.96 see individual see individual 51602 56) Addition: up to 1,500 sf Resid 2nd floor - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 57) Addition: up to 1,500 sf Resid 2nd floor - EMP Plan Check item schedule item schedule 53602 53603 53600 58) Swimming Pool, 350 sf - Structural Plan Check sq. ft. $0.48 $0.49 51601 59) Swimming Pool, 350 sf- Structural Insp sq. ft. $0.52 $0.54 see individual see individual 51602 60) Swimming Pool, 350 sf - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 61) Swimming Pool, 350 sf - EMP Plan Check item schedule item schedule 53602 53603 53600 62) Fence (wood), 201f- Structural Plan Check if $0.34 $0.35 51601 63) Fence (wood), 20 if - Structural Insp if $0.25 $0.26 53600 64) Retaining Wall, 20 if - Structural Plan Check if $0.35 $0.36 51601 65) Retaining Wall, 201f- Structural Insp if $0.34 $0.35 53600 66) TI. 4,000 sf- Structural Plan Check sq. ft. $0.31 $0.32 Mi.2-39 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51601 67) TI. 4.000 sf- Structural Insp sq. ft. $0.21 $0.22 see individual see individual 51602 68) TI. 4.000 sf- EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 69) TI. 4.000 sf- EMP Plan Check item schedule item schedule 53602 53603 53600 70) TI. 8.000 sf- Structural Plan Check sq. ft. $0.25 $0.26 51601 71) TI. 8.000 sf- Structural Insp sq. ft. $0.13 $0.13 see individual see individual 51602 72) TL 8,000 sf- EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 73) TI. 8.000 sf- EMP Plan Check item schedule item schedule 53602 53603 53600 74) TI. 12.000 sf - Structural Plan Check sq. ft. $0.23 $0.24 51601 75) TI. 12.000 sf - Structural Insp sq. ft. $0.09 $0.09 see individual see individual 51602 76) TI. 12.000 sf - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 77) TI. 12.000 sf - EMP Plan Check item schedule item schedule 53602 53603 53600 78) TI. 20.000 sf - Structural Plan Check sq. ft. $0.18 $0.18 51601 79) TI. 20.000 sf - Structural Insp sq. ft. $0.11 $0.11 see individual see individual 51602 80) TI. 20.000 sf - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 81) TI. 20.000 sf - EMP Plan Check item schedule item schedule 53602 53603 53600 82) Resid. Misc (window, door, etc.) - Structural Plan Check flat $508.22 $520.42 75A3o2-40 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & RUD.DING AGENCY 51601 83) Resid. Misc (window, door, etc.) - Inspection flat $374.47 $383.46 53600 84) Comm. Misc (storage tack) - Structural Plan Check m flat $977.29 $1,000.74 51601 85) Comm. Misc (storage tack) - Structural Insp flat $526.37 $539.00 see individual see individual 51602 86) Comm. Misc (storage tack) - EMP Insp item schedule item schedule 51603 51604 see individual see individual 53601 87) Comm. Misc (storage tack) - EMP Plan Check item schedule item schedule 53602 53603 53600 88) Commercial Sign - Structural Plan Check hourly $195.84 $200.53 51601 89) Commercial Sign - Structural Insp hourly $141.26 $144.65 see individual see individual 51602 90) Commercial Sign - EMP Insp item schedule item schedule 51603 51604 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 hourly $195.84 $200.53 51601 93) Residential Re -roof - Structural Insp hourly $141.26 $144.65 53600 94) Commercial Re -roof- Structural Plan Check hourly $195.84 $200.53 51601 95) Commercial Re -roof - Structural Insp hourly $141.26 $144.65 53600 96) Demolition - Structural Plan Check hourly $195.84 $200.53 51601 97) Demolition - Structural Insp hourly $141.26 $144.65 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 sf TI and Seismic Reinforcement - Structural Plan Check sq. ft. $0.48 $0.49 51601 10 1) 400 sf TI and Seismic Reinforcement - Structural Insp sq. ft. $0.38 $0.39 75k-2-41 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 75A�-42 see individual see individual 53601 102) 400 sf TI and Seismic Reinforcement - EMP 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 Resniping - Structural Plan Check perspace $1.91 $1.96 51601 105) Parking Lot- 20 or fewer spaces Resniping - Inspection perspace $1.91 $1.96 53600 106) Parking Lot ->20 spaces Resurface- Structural Plan Check perspace $1.91 $1.96 51601 I07) Parking Lot ->20 spaces sf Resurface -Insp perspace $1.91 $1.96 51601 108) Minimum Fee - Inspection flat $141.26 $144.65 51602 51603 51604 53600 109) Minimum Fee - Plan Check hourly. min 1/2 hr $195.84 $200.53 53601 53602 53603 51601 110) Re -inspection hourly $141.26 $144.65 51602 51603 51604 53600 111) Prelim Plan Check Review - per hour hourly $195.83 $200.53 53601 53602 53603 53600 112) Energy PC- 4.000 sf. sq. ft. $0.10 $0.10 53600 113) Energy PC- 8.000 sf sq. ft. $0.10 $0.10 53600 114) Accessibility PC - 4.000 sf - Structural Plan Check sq. ft. $0.15 $0.15 51601 115) Accessibility PC - 4.000 sf - Inspection sq. ft. $0.05 $0.05 53600 116) Accessibility PC - 8.000 sf - Structural Plan Check sq. ft. $0.10 $0.10 51601 117) Accessibility PC - 8.000 sf - Inspection sq. ft. $0.04 $0.04 53600 IIS) Change of Use D) deposit $715.55 $732.72 53600 119) Code Modification - simple flat $781.45 $800.20 53601 53602 53603 75A�-42 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 53600 120) Code Modification - moderate flat $1,562.91 $1,600.42 53601 53602 53603 53600 12 1) Code Modification - complex flat $3,125.82 $3,200.84 53601 53602 53603 53600 122) Notice of Violation - Structural Plan Check New hourly $195.84 $200.53 51601 123) Permit Issuance Fee- EMP and Misc. Building flat $48.52 $49.68 51602 51603 51604 51601 124) Permit Issuance Fee- Residential and Non Residential flat $129.40 $132.51 51600 125) Permit Issuance Fee- General Plan Update surcharge flat $19.46 $19.93 51601 126) Permit Renewal/Extension Fee flat $70.63 $72.33 51602 (per permit renewed or extended) 51603 51604 51601 127) Residential Rooftop Solar (IkW to 15kW) flat $0.00 $500.00 Plus each additionl kW over 15kW each $0.00 $15.00 Commercial Rooftop Solar (IkW to 50kW) flat $0.00 $1,000.00 Plus each additional kW over 50kW up to 250 kW each $0.00 $7.00 Commercial Rooftop Solar (over 250 kW) Flat $0.00 $2,400.00 Plus each additional kW over 250kW each $0.00 $5.00 53600 128)Solar Panel- Structural Plan Check $195.83 $200.53 51601 129) Solar Panel - Inspection Residential $288.48 $295.40 51601 130)Solar Panel -Inspection Commercial $869.34 $890.20 51601 131) Field Plan Check - subject to field Structural Plan Check hourly $141.26 $144.66 53600 132) Cell Tower - Structural Plan Check hourly $195.83 $200.53 53600 133) Deferred Submittal - Structural Plan Check hourly $195.83 $200.53 53600 134) Rooftop equipment - Structural Plan Check hourly $195.83 $200.53 53600 135) Equipment Changeout - Structural Plan Check hourly, min 1/2 hr $195.83 $200.53 53600 136) East Collecting- Structural Plan Check hourly $195.83 $200.53 75A�2-43 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 53600 137)Above/Below Ground Tank- Structural Plan Check hourly $195.83 $200.53 53600 138) Trash Enclosures - Structural Plan Check flat $195.83 $200.53 53600 139) Lighting Standards - Structural Plan Check hourly. min 1/2 In $195.83 $200.53 51601 140) Lighting Standards - Inspection hourly $141.26 $144.65 53600 141) Pedestrian Protection - Structural Plan Check hourly. min 1/2 In $195.83 $200.53 51601 142) Pedestrian Protection - Inspection hourly. min 2hr $141.26 $144.65 53600 143) Security Card Reader - Structural Plan Check hourly. min 1/2 In $195.83 $200.53 53600 144) Fire Damage Repair,Structural- PlanCheck hourly $195.84 $200.53 51601 145) Certificate of Occupancy inspection flat $35.34 $36.19 51601 146) Temporary Certificate of Occupancy flat $425.09 $435.29 53600 147) Revision - Structural Plan Check hourly. min 1/2 In $195.83 $200.53 53601 148) Revision - EMP Plan Check hourly. min 1/2 In $195.83 $200.53 53602 53603 51601 149) Special Inspection hourly $141.26 $144.65 51602 51601 150) Relocation Inspections Main building or structure Each $430.07 $440.39 Accessory structure Each $85.31 $87.36 Inspection for structures located outside of the City Per Mile $0.84 $0.86 Travel time Per Hour $85.31 $87.36 53600 15 1) Misc. Non-resid. Strictures: 200 sf Patio Cover - Structural sq. ft. $0.38 $0.39 Plan Check 51601 152) Misc. Non Resid. Strictures: 200 sf Patio Cover -Structural Insp sq. ft. $0.34 $0.35 see individual see individual 51602 153) Misc. Non Resid. Structures: 200 sf Patio Cover - EMP Insp item schedule item schedule 51603 51604 57600 154) Accelerated Plan Check Fee hourly $125.51 $128.52 51601 155) Appeals Each $1,193.50 $1,222.15 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. 75A�2-44 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS SECTION IX PLANN"LNG & BLEEDING AGENCY 51601 51601 51601 51601 51601 51602 51603 51611 51604 51606 51601 51602 51603 51611 51604 51606 51601 51601 51630 FY 14-15 UNIT FEES 2.4% PROPOSED FY 15-16 FEES 156) Change of incorrect address Each Project $58.27 $59.67 157) Change of owner or contractor Each Project $58.27 $59.67 15 8) Flood plain construction standards variances Each $257.64 $263.82 15 9) Expedited copy request Per Hour $58.27 $59.67 160) Penalty Fees in addition to investiagation fee and permit fee flat $214.35 $219.49 16 1) Violation/Investigation Fees 162) OCFA Administrative Processing Fee 163) Microfilm Records Fireworks Stand Inspections 164) Refunds Upon written request from the permittee, refunds of permit fees may be 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 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 If a permit has been issued for a project located in an area outside of thejurisdiction of the City, 100% of the permit and plan check fee may be refunded. If a permit has been erroneously ismed. 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. 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 purmant to contract with the City of Santa Ana or the Communiry Redevelopment Agency of the City of Santa Ana nor for any work performed by 75A -m2-45 Per hour Each Each Sheet Per Booth $85.31 $15.00 $3.31 $26.55 $40.79 $87.36 $15.00 $3.39 $27.19 $41.77 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 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. Note. The volume for Plan Check acnviry has been reduced to refect the fact that contract services and to are used to complete a portion of acnviry. "Not all re -roofing activities require plan check. Material and cz,,Tentstructure design will be the deciding factor. °This service will be charged an initial deposit and then charged by hourly rate. `1 These services were reallocated across fee areas as an overhead. a> Up to 10 racks. Each additional rack will be charged at 510.50 each. $10.50 $10.75 Hourly rates will be charged after the minimum is met, if required. This revenue is earmarked for the General Plan Update and is not included in non, revenue fig res. ,411plan check services refect an initial plus two rechecks. Additional rei iwvs will be charged on an hourly basis. Any unique plan check or inspection that does notmatch a service category will be charged on an hourly basis. 53601 167) Electrical Plan Check Fee (when required) 51603 168) 125 Volt Receptacle Outlets 65% of Subtotal 65% of Subtotal $1.28 $1.31 51603 169) Light Switches, Occupancy Sensors $1.39 $1.42 51603 170) Light Fixtures 51603 17 1) Air Conditioners. Heat Pumps $0.92 $0.95 $85.42 $87.47 51603 Electrical Fees $21.86 $22.38 51603 51603 165) Permit Issuance $48.52 $49.68 174) Time Clock, Photo -Cell, Time Switch 51603 166) Minimum Fee (Nonresidential) $64.68 $66.23 $21.86 53601 167) Electrical Plan Check Fee (when required) 51603 168) 125 Volt Receptacle Outlets 65% of Subtotal 65% of Subtotal $1.28 $1.31 51603 169) Light Switches, Occupancy Sensors $1.39 $1.42 51603 170) Light Fixtures 51603 17 1) Air Conditioners. Heat Pumps $0.92 $0.95 $85.42 $87.47 51603 172) Factory -Wired Units (Solid Hook -Ups) $21.86 $22.38 51603 173) Dedicated Circuits (15 or 20 AMP Receptacles) $21.86 $22.38 51603 174) Time Clock, Photo -Cell, Time Switch $10.66 $10.92 51603 175) Track -Light, Cable Tray, Special Raceway, Plugmold. Each 100 ft. $21.86 $22.38 or fraction Under -Floor Duct, Plug -In Busways. Wiremold. Etc. thereof Service Meter, Reset Meter, Subpanel. Switchboard, Motor Control Center, Transfer Switch. Busduct, or other Distribution Equipment changes or mdodcations. 75A�2-46 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51603 176) Under 400 amperes $46.97 $48.10 51603 177) 400 amperes to 1199 amperes $128.07 $131.14 51603 178) 1200 amperes and over $213.38 $218.50 Motor, Transformer, Welder, Industrial Equipment. Oven, Rectifier, Generator, Surae Arrestor, Water Heater, Photovoltaic Panel or other Power Equipment. 51603 179) 0 to I HP. kW or kVA $3.15 $3.22 51603 180) Over I to 10 HP. kW or kVA $20.53 $21.02 51603 181) Over 10 to 50 HP. kW or kVA $40.73 $41.71 51603 182) Over 50 to 100 HP. kW or kVA $92.51 $94.73 51603 183) Over 100 to 500 HP. kW or kVA $132.92 $136.11 51603 184) Over 500 HP. kW or kVA $166.04 $170.02 Low Voltage: phone, data outlet. speaker. thermostat. door holder, doorbell, pull station, smoke detector, alarm device, card reader, etc. Commercial: 51603 185) FIRST 10 devices or outlets $29.86 $30.58 51603 186) Additional Devices $2.82 $2.89 51603 187) Each control panel, power supply annunciator, switch or auxiliary equipment $14.23 $14.57 Residential: 51603 188) Single Dwelling Unit $32.37 $33.15 51603 189) Each Additional dwelling unit (2- 20) $28.48 $29.16 51603 190) Each additional Unit (Over 20) $17.38 $17.80 Miscellaneous: 51603 19 1) Light Standard (Pole) with one fixture $21.86 $22.39 51603 192) Additional Fixtures - SamePole $0.00 $0.00 75A-#2-47 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 51603 193) Power Pole (Temporary) $90.85 $93.03 51603 194) Additional Distribution Poles $21.86 $22.39 51603 195) Swimming Pool, Spa. Fountain $106.74 $109.30 51603 196) Above Ground Spa $46.12 $47.23 51603 197) Demolition $42.71 $43.74 51603 198) Signs & Neon/LED Decorative Lighting $66.22 $67.81 (refundable bond) New or Total Rewire for Single Family Dwellings: 51603 199) SFE, (per square foot) sq. ft. $0.13 $0.13 51603 200) Garage (per square foot) sq. ft. $0.13 $0.13 51603 201) Temporary Electrical Service, Prior to approval or Each Meter $215.17 $220.33 Occupancy (30 Days) At the time of application for temporary power, the owner shall post a $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. 51604 202) Permit Issuance Fee $48.52 $49.68 51604 203) Minimum Fee (Nonresidential) $64.68 $66.23 53603 204) Stand Alone Mechanical Plan Check 65% of Subtotal 65% of Subtotal Furnace including ducts & vents (each) 51604 205) Up to 100.000 BTU $57.80 $59.19 51604 206) Over 100.000 BTU $82.49 $84.47 51604 207) Furnace/Co npressor Combo (Residential) $111.87 $114.55 Each Compressor. Boiler or Heat Pump (packaged or split system) 51604 208) Up to 5 HP $79.50 $81.41 75A3a2-48 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51604 209) Over 5 to 30 HP $95.07 $97.35 51604 210) Over 30 to 50 HP $118.85 $121.70 51604 211) Over 50 HP $128.07 $131.14 51604 212) VAV Bos up to 2,000 CFM $39.24 $40.18 51604 213) VAV Bos Over 2,000 CFM $57.80 $59.19 51604 214) Air Handling Unit Up to 2,000 CFM $39.24 $40.18 51604 215) Air Handling Unit Over 2,000 CFM $57.80 $59.19 Miscellaneous 51604 216) Outdoor Dual Package Heating/Cooling $99.82 $102.21 51604 217) Wall Heater $57.80 $59.19 51604 218) Unit Heater $57.21 $58.58 51604 219) Suspended Heater $51.24 $52.47 51604 220) Decorative Fireplace (Wood or Gas) $51.24 $52.47 51604 221) Clothes Dryer (Residential) $35.56 $36.41 51604 222) Clothes Dryer (Commercial) $48.04 $49.19 51604 223) Any Alteration, Repair or Addition to a Ventilation System (per system unit) $38.45 $39.37 51604 224) Vent System (Not part of an HVAC System) $54.12 $55.42 51604 225) Type I hood with Duct & Fan $99.82 $102.22 51604 226) Type 0 hood with Duct & Fan $57.80 $59.19 51604 227) Environmental Air Fan (Residential or Commercial) $31.04 $31.78 51604 228) Laundry Fan (Environmental air) $30.71 $31.45 51604 229) Bathroom/Restroom Fan $26.89 $27.54 51604 230) Range Hood (Residential) $28.48 $29.16 75AA2-49 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 51604 231) Commercial Vent Fan $38.45 $39.37 51604 232) Fan Coil $50.07 $51.27 51604 233 Evaporative Cooler $57.80 $59.19 51604 234) Gas Piping (Incidental) $19.73 $20.20 51604 235) Fire Damper $57.80 $59.19 51604 236)InstalUBepair/Replace Appliance Vent $57.80 $59.19 51604 237) Product Conveying System (Flammable Vapors. Fumes. Smoke. Heat) $166.04 $170.02 51604 238) Dust Collection System $166.04 $170.02 51604 239) Appliance Not Listed $57.80 $59.19 51604 240) System Not Listed (Halon. Smoke Evac Crematory, Etc) $166.04 $170.02 Absorption System 51604 241) Up to 1.000.000 BTU $69.00 $70.66 51604 242) 1,000,001 to 1.750.000 BTU $98.11 $100.46 51604 243) 1,750,001 and over $166.04 $170.02 51604 244) Commercial Cooking Equipment(Ovens/Fryers/Etc) $37.75 $38.66 51604 245) Condensate Pump $28.20 $28.88 51604 246) Kiln <20cubic feet (includes hood and duct) $58.22 $59.62 51604 247) Air Compressor (each includes piping) $58.22 $59.62 51604 248) Cooling Tower $58.22 $59.62 51604 249) Heat Exchanger $53.37 $54.65 51604 250) Electrostatic Precipitator $34.45 $35.28 51604 251) Vacuum Cleaner System (Residential) $58.22 $59.62 75A* 2-50 RESOLUTION 2015-### REVENUE $9.59 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS $20.09 SECTIO\ IX PLAN\LNG & RUD.DING AGENCY 51604 252) Humidifier 51604 253) Duct Heater 51604 254) Wood Sawdust System 51604 255) Incinerator (Residential) 51604 256) Incinerator (Commercial) $14.57 Plumbine Fees 51602 257) Permit Issuance Fee 51602 258) Minimum Fee (Nonresidential) 53602 259) Stand Alone Plumbing Plan Check Fee Fixtures: 51602 260) Water Closet 51602 261) Urinal 51602 262) Tub/Shower 51602 263) Whirlpool Tab 51602 264) Sinks 51602 265) Clothes Washer 51602 266) Dishwasher 51602 267) Garbage Disposal 51602 268) Floor Sink 51602 269) Floor Drain 51602 270) Drinking Fountain 51602 271) Cap Fixture Sewer 75A*2-51 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES $34.50 $35.33 $58.22 $59.62 $125.09 $128.09 $38.81 $39.74 $166.04 $170.02 $48.52 $49.68 $64.68 $66.23 65% of Subtotal 65% of Subtotal $12.53 $12.83 $9.59 $9.82 $19.62 $20.09 $19.62 $20.09 $11.20 $11.47 $12.31 $12.61 $10.56 $10.81 $9.38 $9.61 $14.23 $14.57 $14.23 $14.57 $7.89 $8.08 $6.13 $6.28 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTION IN PLANNING & BUILDING AGENCY 51602 272) New Sewer (First 100 Feet) $56.94 $58.31 51602 273) Additional Sewer Connection $19.62 $20.09 51602 274) Each Additional 100 Feet of Sewer $19.62 $20.09 51602 275) Repair/Alter Sewer $39.24 $40.18 51602 276) Private Sewage Disposal System $118.85 $121.70 51602 277) Cesspool $57.80 $59.19 51602 278) Cap Sewer $88.08 $90.19 Gas: 51602 279) New Gras System (1 -4 outlets) $39.24 $40.18 51602 280) Additional Gas Outlet (each) $6.23 $6.38 51602 281) Extend/Alta Gas System $57.80 $59.19 51602 282) Repair Gas Piping $39.24 $40.18 51602 283) Cap Gas Outlet $7.46 $7.64 SwimmingPools: 51602 284) Pool Trap $19.62 $20.09 51602 285) Pool Heater $64.04 $65.58 51602 286) Pool Piping $39.24 $40.18 Miscellaneous: 51602 287) Water Heater (Residential up to 50 gallons) $19.62 $20.09 51602 288) Water Heater (Commercial up to 50 gallons) $19.62 $20.09 51602 289) Water Heater (Res/Comm over 50 gallons) $80.46 $82.39 51602 290) Water Heater(Tankless) $57.80 $59.19 51602 291) Water Service (each 100 feet) $39.24 $40.18 75A*Q-52 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51602 292) Water Piping (each 100 feet) $39.24 $40.18 51602 293) Repipe (Residential - Each 100 Feet) $39.24 $40.18 51602 294)Primary/Secondary Roof Drain (per set) $39.24 $40.18 51602 295) Deck/Area Drain $8.48 $8.68 51602 296) Rainwater System $39.24 $40.18 51602 297) Rainwater Piping (buried) $19.09 $19.55 51602 298) Storm Drains $25.22 $25.83 51602 299) Water Softener (Residential) $19.62 $20.09 51602 300) Water Softener (Commercial) $39.24 $40.18 51602 301) Lawn Sprinkler (Each) $8.95 $9.17 51602 302) Backflow Preventer (Less than 2 inches) $19.62 $20.09 51602 303) Backflow Preventer (2 inches and bigger) $39.24 $40.18 51602 304) Vacuum Breakers (1 to 5) $17.92 $18.35 51602 305) Vacuum Breakers (Over 5 - each) $5.12 $5.24 51602 306) Hose Bib with Vacuum Breaker $13.64 $13.97 51602 307) Grease/Waste Interceptor $33.11 $33.90 51602 308) Dental Unit $28.48 $29.16 51602 309) Medical Gas Piping (Fire Department) $39.24 $40.18 51602 310) Alteration to Drain or Vent Piping $39.24 $40.18 51602 311) Appliance not listed $57.80 $59.19 51602 312) Sewage Ejector $57.80 $59.19 51602 313) Sump Pump $57.80 $59.19 75A*2-53 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS SECTION IX PLANNING & BUILDING AGENCY 51602 314) Hot Water Storage Tank 51602 315) Heat Exchanger 51602 316) Cooling Tower 51602 317) Booster Pumps 51602 318) Fireline/Hydrant(Each 100 Feet) 51602 319) Temporary Gas Meter, Prior to approval Or Occpancy (30 Days) At the time of application for temporary power, the owner shall post a $1.000.00 cash or cashiers 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. 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 connectors and subcontractors pu rmant 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 fee waiver does not exempt any party from obtaining a permit for such work nor exempt such patty from conforming to the procedures established by the City nor from compliance with all applicable City and State ordinances regulating such work. 75A*12-54 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES $26.87 $27.51 $50.81 $52.03 $57.79 $59.18 $31.30 $32.05 $39.24 $40.18 Each Meter $215.17 $220.33 RESOLUTION 2015-### REVENUE ACCOUNT SECTIO\ IN PLANNING & BUILDING AGENCY REFUNDS Upon written request from the permittee, refunds of permit fees may be 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 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 If a permit has been issued for a project located in an area outside of thejurisdiction 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. 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES If a plan check fee has been paid and the plan is withdrawn $40.79 $41.77 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 a 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 VIOLATIONANVESTIGATION FEES 51602 51603 When any work for which operant is required has been 51611 commenced without the authorization of such permit, an 51604 investigation may be required before a permit willbe 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. 75A4J2-55 $85.31 $87.36 $85.31 $87.36 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IX PLANNING & BUILDING AGENCY 51601 PENALTY FEES $214.35 $219.49 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 51601 EXPEDITED COPY REQUEST Per Hour $58.27 $59.67 51605 APPROVAL FOR BUSINESS Each $83.03 $85.02 CERTIFICATE OF OCCUPANCY Whenever a Business License Tax application requires approval of a Business Certificate of Occupancy each application shall be accompanied by the payment of a 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 $85.31 $87.36 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. 09 800 100 1- When a building is demolished the owner shall provide the 24015 City with a cash or surety bond as described in Section 8-1768 through 8-1771 of the Santa Ana Municipal Code. For the propose 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 Each $257.64 $263.83 STANDARDS VARIANCES 51601 APPEALS Each $1,193.50 $1,222.15 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. 75A�2-56 RESOLUTION 2015-### REVENUE ACCOUNT FY 14-15 UNIT FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51601 RELOCATION INSPECTIONS The fee for an inspection on a building or structure, as required for its proposed relocation. 2.4% PROPOSED FY 15-16 FEES Main building or structure Each $430.07 $440.39 Accessory structure Each $85.31 $87.36 Inspection for structures located outside of the City Per Mile $0.84 $0.86 Travel date Per Hour $85.31 $87.36 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 faction thereof. For any plan submitted which is subject to the disabled accessibility requirements of ISfle 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 by law 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% of the construction valuation will be paid to the Building Official at the time 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 $3.31 $3.39 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 propose of creating and maintaining permanent files. 75A*2-57 RESOLUTION 2015-### ELECTRICAL, PLUMBING AND MECHANICAL PLAN 2.4% CHECK FEE FOR IDENTICAL, RESIDENTIAL R-3, 53603 WITH DETACHED OR ATTACHED GARAGES: PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IX PLANNING & BUILDING AGENCY 53600 RESEARCH AND PROCESSING FEES (ALTERNATE MATERIALS/.NIODIFICATIONS) 53602 53601 Whenever the Building Official is requested to approve Each $257.64 $263.83 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 $257.64 $263.83 modification of code in accordance with the Building Code, Plumbing Code, Mechanical Code or the Administrative Code provisions for the Electrical Code. 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 $85.31 $87.36 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 CHANGE INCORRECT ADDRESS 51601 CHANGE OWNER OR CONTRACTOR 75A*2-58 Each Project $58.27 $59.67 Each Project $58.27 $59.67 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLANEOUS SECTION IX PLAN-NUSG & BUILDING AGENCY 09801001- NOTICE OF VIOLATION AND 24015 NOTICE AND ORDER BONDS 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 8-1769.8-1770and 8-1771 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 PRELIDIISARY REVIEW OF BUILDING STANDARDS COMPLIANCE 09801001- SIGNS 24015 When operant is required for an illuminated or non -illuminated sign, the owner shall provide the City a cash or suretybond 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. 75A*2-59 UNIT Per Hour Minimum Fee Per Hour Minimum Fee Per Hour Each Project Each Permit FY 14-15 FEES 2.4% PROPOSED FY 15-16 FEES $125.51 $128.52 $85.31 $87.36 $85.31 $87.36 $425.09 $40.79 $435.29 $41.77 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTNIENTAIISCELLe1_NEOUS FEE OR SERVICE SECTIO\ IX PLANNING & BUILDING AGENCY 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 $1.00 TO $500.00 $22.40 $501.00 TO $2000.00 $22.40 for the first $500.00 plus $3.32 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 TO $25,000.00 $74.38 for the first $2,000.00 plus $10.73 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 for each additional $1.000.00 or fraction thereof, to and including $50,000.00 $50.001.00 TO $100.000.00 $533.19 for the first $50,000.00 plus $5.52 for each additional $1.000.00 or fraction thereof to and including $100.000.00 75Af7 2-60 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES $22.40 $22.94 $22.40 $22.94 $74.38 $76.17 $331.91 $339.88 $533.19 $545.99 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE SECTIO\ IX PLANNFNG & BUD.DING AGENCY FEESCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: 75A�a2-61 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES $821.12 $840.83 $2,569.99 $2,631.67 $4,489.49 $4,597.24 Per Hour $85.31 $100.001.00 TO $500.000.00 Per Hour $85.31 $821.12 for the first $100.000.00 plus Per Hour $85.31 $4.19 for each additional $1.000.00 Per Hour $85.31 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 $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 plus $2.25 for each additional $1.000.00 or fraction thereof. 51601 1) Inspections outside of normalbusiness hour (4 hour minimum charge for Holidays, Saturday or Sunday Inspections) 51601 2) Re -inspection fee assessed under applicable provisions of the Building Code 51601 3) Inspections for which no fee is specifically indicated (minimum charge- one (1) hour) 53600 4) Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one (1) hr.) 51603 ELECTRICAL CODE Any person desiring a permit required by the Electrical 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 fee for issuance of a permit for all other uses shall be $66.65. FEESCHEDULE 51603 1) For new construction and relocation on residential single family and duplexes: 75A�a2-61 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES $821.12 $840.83 $2,569.99 $2,631.67 $4,489.49 $4,597.24 Per Hour $85.31 $87.36 Per Hour $85.31 $87.36 Per Hour $85.31 $87.36 Per Hour $85.31 $87.36 Each Permit $40.79 $41.77 $66.65 $68.25 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BLEEDING AGENCY Six cents ($.06) per square foot per floor plus $34.07 per Per $34.07 $34.89 service meter shall only include receptacle, switch and lighting outlets. All other fees shall apply. Six cents ($.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 $1.07 $1.10 each 51603 3) Each air conditioner Each $45.58 $46.68 51603 4) Each self-contained factory wired approved unit. such as Each $11.25 $11.52 home appliances, heaters, vegetable cases, drinking fountain. heating appliances, multiple outlet assemblies, etc. 51603 5) Busways, special raceways, under floor ducts, trolley or Each 100' $11.25 $11.52 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: Commercial (charge by number of devices): 0 - 10 total devices Each $23.99 $24.57 10 or more total devices $1.94 $1.99 Each control panel, standby power supply panel, annunciator panel or similar main piece of control equipment for one of the above systems. Each $11.25 $11.52 Residential (charge by number of dwelling units): Residential unit (1) $24.53 $25.12 Each add'1 residential unit in a multiple -dwelling occupancy Each $14.72 $15.07 Each add'1 residential unit over 20 in a hotel, motel, boarding house or lodge Each $8.90 $9.11 51603 7) Dedicated circuit Each $11.25 $11.52 51603 8) Service Meters, Reset Meters, Subpanel. Switchboard, Motor Control Center, or similar equipment changes or additions. 75A52-62 RESOLUTION 20154## 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 599 volts or less, under 400 amps. Each Meter $34.07 $34.89 599 volts or less, 400 amps and less than 1200 amps. Each Meter $85.31 $87.36 598 volts or less, 1200 amps and over. Each Meter $171.58 $175.69 51603 9) Sims and high -potential gas tube lighting, each Each $34.07 $34.89 Note: This shall include all necessary control equipment 51603 10) Swimming pool, fountain, spas, each Each $75.34 $77.15 51603 11) Above ground spas Each $24.26 $24.84 51603 12) Temporary power -construction: For services supplying a temporary power pole, Each $59.24 $60.66 pedestal or piggyback For a system of distribution and utilization of poles Each Pole $11.25 $11.52 for temporary construction power, each pole 51603 13) Temporary construction lighting: 500 lamps or less $5.07 $5.19 Over 5001amps $8.85 $9.06 51603 14) Temporary services: At the time of application for temporary power, the owner shall post a $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 Each Meter $215.17 $220.33 Or Occupancy (30 Days) Temporary work with service, each meter Each Meter $29.97 $30.69 51603 15) Lighting standards: With one (1) fixture each Each $11.25 $11.52 Each additional fixture on the same standard Each $3.25 $3.33 51603 16) Time clock or photo electric cell, each Each $8.85 $9.06 75A�2-63 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAHSCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51603 17) Radiant ceiling heat per room Per Room $11.25 $11.52 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 I HP. KW. KVA each Each $4.59 $4.70 Over I and not over 10 HP. KW. KVA each Each $11.84 $12.12 Over 10 and not over 50 HP. KW. KVA each Each $23.99 $24.57 Over 50 and not over 100 HP. KW. KVA each Each $51.40 $52.63 Over 100 and not over 500 HP. KW. KVA each Each $68.47 $70.11 Over 500 HP. KW. KVA each Each $85.31 $87.36 51603 19) Demolition, per project Per Project $33.22 $34.02 51603 20) Inspections outside of normal business hours (four hour Per Hour $85.31 $87.36 minimum charge for Holidays, Saturday or Sunday inspections) 51603 21) Re -inspection fee assessed under applicable provisions Per Hour $85.31 $87.36 of the Building Code 51603 22) Inspections for which no fee is specifically Per Hour $85.31 $87.36 indicated (minimum charge - one (1) hour) 53601 23) Additional plan review required by changes, additions, or Per Hour $85.31 $87.36 revisions to approved plans (minimum charge - one (1) hour) ELECTRICAL PLAN CHECK FEES Whenever electrical plans are required by the Building Official, plan check fees shall be 65% of the electrical permit fee and shall be paid at the time of submitting plans. 75AQ-64 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51604 MECHANICAL CODE Anyperson desiring opermit required by the Mechanical Each Permit $40.79 $41.77 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 permit for all other uses shall be $66.65. $66.65 $68.25 FEESCHEDULE 51604 1) For the installation or relocation of each forced -air or Each $29.76 $30.47 gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 BTU/h 51604 2) For the installation or relocation of each forced -air Each $42.50 $43.52 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 $51.40 $52.63 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 $51.40 $52.63 compressor, condensing unit or heatpump 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 $62.39 $63.89 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 51604 6) For the installation or relocation of each boiler, compressor, Each $85.31 $87.36 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 $20.20 $20.69 unit to and including 2.000 cubic feet per minute, including ducts attached thereto 75A72-65 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51604 8) For each VAV or air -handling unit over 2,000 cfm Each $29.76 $30.47 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 operant is required else where in this code. 51604 9) Outdoor dual packaged heating and cooling Each $51.40 $52.63 51604 10) For the installation or relocation of each floor Each $29.76 $30.47 furnace, including vent 51604 ll) For the installation or relocation of each suspended Each $29.76 $30.47 heater, recessed wall heater or floor -mounted unit heater 51604 12) Decorative fireplace Each $29.76 $30.47 51604 13) For the repair of, alteration of, or addition to each heating Each $20.20 $20.69 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 $51.40 $52.63 kitchen hood which is served by mechanical exhaust. including the ducts for each hood 51604 15) For the installation of each Type II residential or Each $29.76 $30.47 commercial kitchen hoods which is served by mechanical exhaust, including the ducts for each hood 51604 16) For each ventilation din connected to a single duct Each $20.20 $20.69 (environmental air) (a) Bathroom or toilet room exhaust. (b) Laundryroom exhaust. (c) Residential range or oven exhaust. (d) Other environmental air duct. 51604 17) Fan coil installation Each $34.07 $34.89 75A52-66 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE SECTIO\ IX PLANNFNG & RUD.DING AGENCY 51604 18) For each evaporative cooler other than portable type 51604 19) Incidental gas piping 51604 20) Fire damper installation, each 51604 21) Vent fan 51604 22) Approved fire extinguishing system 51604 23) For each appliance or piece of equipment regulated by this Each code but not classed in other appliance categories, $30.47 for which no other fee is listed in this code $29.76 (a) Commercial gas-fired cooking equipment (ranges, ovens, deep fryers. broilers, etc.) (b) Clothes dryer and exhaust duct. (c) Kilns, including hood and exhaust duct. (d) Air compressor and related compressed air piping for manufacturing process. (e) Cooling tower (f) Heat exchanger (g) Exhaust fans for Type I or 0 Commercial Kitchen Hoods. (h) Electrostatic precipitator. (i) Residential central vacuum cleaner system. 0) Clean -room filter bank (TEPA) (k) Humidifier. (1) Duct heater. (m) Condensate Pumps (n) Etcetera. 51604 24) For the installation, relocation or replacement of each appliance "vent" installed and not included in an appliance permit 51604 25) Each process piping system 51604 26) For each ventilation system which is not a portion of any 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.) 75A�2-67 FY 14-15 UNIT FEES 2.4% PROPOSED FY 15-16 FEES Each $29.76 $30.47 Each $20.20 $20.69 Each $29.76 $30.47 Each $29.76 $30.47 Each $29.76 $30.47 Each $29.76 $30.47 Each $29.76 $30.47 Each $85.31 $87.36 Each $85.31 $87.36 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAHSCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY (c) Smoke evacuation and exhaust system for public buildings, avium. malls. etc. (d) Crematory furnace and exhaust system. (e) Each other product conveying duct system: (1) Flammable vapors (2) Fumes (3) Smoke (4) Heat 51604 27) For the installation or relocation of each domestic- Each $20.20 $20.69 type incinerator (Shall have permit and approval from S.C.A.Q.M.D.) 51604 28) For the installation or relocation of each commercial Each $85.31 $87.36 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 $85.31 $87.36 (4 hour minimum charge for Holidays, Saturday or Sunday inspections) 51604 30) Re -inspection fee assessed under applicable provisions Per Hour $85.31 $87.36 of the Building Code 51604 31) Inspections for which no fee is specifically indicated Per Hour $85.31 $87.36 (minimum charge - one (1) hour) 51604 32) Additional plan review required by changes, additions Per Hour $85.31 $87.36 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. PLUMBING CODE 51602 Any person desiring a permit required by the Plumbing Code shall, Each Permit $40.79 $41.77 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. Theminimum total fee for issuance of a permit for all other uses shall be $66.65. $66.65 $68.25 75A5a2-68 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY FEESCHEDULE 51602 1) For each plumbing fixture or trap or set of fixtures Each $10.08 $10.32 on one trap (including water, drainage piping, and backflow protection therefore) 51602 2) For each dental unit Each $20.20 $20.69 51602 3) Medical gas piping system per 100' Per 100' $20.20 $20.69 51602 4) For each building sewer Each $29.76 $30.47 (a) Each additional connection Each $10.08 $10.32 (b) Each additional 100 feet or fraction thereof Each $10.08 $10.32 (c) Sewer/alteration/repair Each $20.20 $20.69 51602 5) For each private sewage disposal system Each $61.80 $63.28 51602 6) For each cesspool (where permitted) Each $29.76 $30.47 51602 7) For each sewer cap Each $85.31 $87.36 51602 8) For each fixture cap Each $5.39 $5.52 51602 9) For each new gas piping system (includes one to Each $20.20 $20.69 four outlets) 51602 10) For each gas outlet of five or more Each $3.20 $3.28 51602 ll) For the repair/replacement of a gas piping system Each $20.20 $20.69 (includes one to four outlets) 51602 12) For the alteration/addition to an existing gas system Each $29.76 $30.47 (includes one to four outlets) 51602 13) For each residential water heater and/or vent Each $10.08 $10.32 51602 14) For each commercial boiler or water heater Each $51.40 $52.63 51602 15) For installation, alteration, or repair of water Each $20.20 $20.69 piping, each 100' 51602 16) Rain water piping (buried), each 100' Each $13.01 $13.33 75A�2-69 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51602 17) Rainwater systems - per drain (inside building) Each $20.20 $20.69 51602 18) Roof drain system, per drain Each $20.20 $20.69 51602 19) Deck drains, per drain Each $7.10 $7.27 51602 20) For each lawn sprinkler system on any one meter. Each $13.01 $13.33 including backflow protection devices therefore (atmospheric type only) 51602 21) For atmospheric -type vacuum breakers not included in Item 20: 0 to 5 $10.08 $10.32 Over 5, each $3.20 $3.28 51602 22) For each backflow protective device other than atmospheric -type vacuum breakers: 2 inches and smaller $10.08 $10.32 Over 2 inches $20.20 $20.69 51602 23) For each pool trap Each $10.08 $10.32 51602 24) For each pool heater Each $51.40 $52.63 51602 25) For each industrial waste pretreatment interceptor Each $17.07 $17.48 including its trap and vent, excepting kitchen -type grease interceptors functioning as fixture traps 51602 26) For each residential water conditioner Each $10.08 $10.32 51602 27) For each commercial water conditioner Each $20.20 $20.69 51602 28) For repair or alteration of drainage or vent piping, Each $20.20 $20.69 each fixture 51602 29) For each appliance, fixture or piece of equipment regulated Each $29.76 $30.47 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 (f) House Booster Pumps 75Am2-70 RESOLUTION 20154## REVENUE ACCOUNT DEPARTMENTAUSCELLe1_NEOUS SECTION IX PLANN-LNG & BUILDING AGENCY 51602 30) Temporary Gas Service, Prior to Approval Or Occpancy (30 Days) FY 14-15 At the fine of application for temporary power, the owner FEES shall post a $1,000.00 cash or cashier's check for each service meter. This deposit shall be released upon request after the $215.17 Certificate of Completion or Certificate of Occupancy is issued. 51602 31) Inspections outside of normalbusiness hours (4hour minimum charge for Holidays, Saturday or Sunday inspections). 51602 32) Re -inspection fee assessed under applicable provisions of the Building Code 51602 33) Inspections for which no fee is specifically indicated (minimum charge - one (1) hour) 51602 34) Additional plan review required by changes, additions or revisions to approved plans (minimum charge -one (1) 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. GRADING PERMITS 51606 Any person desiring a grading permit required by the Building Code, shall, at the time of filing an application, pay a fee of $40.79. FEESCHEDULE 51606 1) Grading Permit a. One and Two S.F.D. b. Multiple Residential including, Residential tracts, Apartments, Condominiums, Hotels, Motels, and Similar Construction c. 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 75Arr2-71 UNIT Each Meter Per Hour Per Hour Per Hour Per Hour Each Permit Minimum Per Hour I Hour 2 Hours 3 Hours 5 Hours I Hour I Hour $85.31 $87.36 $85.31 $87.36 $85.31 $87.36 $85.31 $87.36 $40.79 $41.77 $85.31 $87.36 2.4% PROPOSED FY 14-15 FY 15-16 FEES FEES $215.17 $220.33 $85.31 $87.36 $85.31 $87.36 $85.31 $87.36 $85.31 $87.36 $40.79 $41.77 $85.31 $87.36 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENTAIISCELLe1_NEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY 51606 2) In addition to the above noted permit fees, Minimum Sq. Ft. $0.04 $0.04 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 Per Hour $85.31 $87.36 (4 hour minimum charge for Holidays, Saturday or Sunday inspections). 51606 4) Re -inspection fee assessed under applicable Per Hour $85.31 $87.36 provisions of the Building Code. 51606 5) Inspections for which no fee is specifically Per Hour $85.31 $87.36 indicated (minimum charge - one (1) hour) SOLAR ENERGY CODE 51611 Any person desiring a permit required by the Solar Energy Each Permit $40.79 $41.77 Code shall, at the time of filing, pay an application, 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. $66.65 $68.25 FEESCHEDULE 51611 1) For collectors (including related piping and regulating devices): Up to 1,000 sq. ft. (93m) $10.08 $10.32 Between 1,001 (93.1m) and 2,000 sq. R (186m) $17.07 $17.48 More than 2,000 sq. R (18m) $17.07 $17.48 plus per 1,000 sq.ft. (93m) or fraction $1.78 $1.83 thereof over 2,000 sq. ft. (186m) 51611 2) For storage tanks (including related piping and regulating devices): Up to 750 gallons (3m) $8.64 $8.85 Between 751 (3m) and 2,000 gallons $15.51 $15.89 75A61-72 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTAIENTAIISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTIO\ IN PLANNING & BUILDING AGENCY Mrr2-73 More than 2.000 (8m') gallons $15.51 $15.89 plus per 1.000 (4m) or fraction thereof $1.78 $1.83 over 2.000 gallons (8m') 51611 3) For rock storage: Up to 1.500 cu. R (42m) $10.08 $10.32 Between 1.501 (42.1m) and 3.000 cu. ft. (84m) $17.07 $17.48 More than 3.000 cu. R (84m) $17.07 $17.48 plus per 1.000 cu. R (28m) or fraction $1.78 $1.83 thereof over 3.000 cu. R (84m) 51611 4) Self-contained water heater(residential type) Each $10.08 $10.32 51611 5) Waterheater(commercial type) Each $51.40 $52.63 51611 6) Heat exchanger Each $10.08 $10.32 51611 7) Water piping replacement, each 100 feet Each $20.20 $20.69 51611 8) Gas piping service. 1-5 outlets Each $20.20 $20.69 51611 9) Backflow prevention device Each $10.08 $10.32 51611 10) For each appliance or piece of equipment regulated Each $10.08 $10.32 by this code for which no fee is listed 51611 ll) Inspections outside of normal business hours Per Hour $85.31 $87.36 (4 hour minimum charge for Holidays, Saturday and Sunday inspections) 51611 12) Re -inspection fee assessed under provisions of the Per Hour $85.31 $87.36 Building Code 51611 13) Inspections for which no fee is specifically indicated Per Hour $85.31 $87.36 (minimum charge - one (1) hour) 51611 14) Additional plan review required by changes. Per Hour $85.31 $87.36 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. Mrr2-73 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 51001 Bingo License Fee 51401 Alarm User Permit Commercial & Residential 53413 False Alarm Services (Code 459) Bcsglary Calls Commercial & Residential 1st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident- fee & warning of non -response 7th Incident Sth Incident- fee & placed on non -response staRus 53413 False Alarms (Code 211) Robbery Calls - Residential 1st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident- fee & warning of non -response 7th Incident Sth Incident- fee & placed on non -response staRus 53413 False Alatns (Code 211) Robbery Calls - Commercial 1st Incident 2nd Incident 3rd Incident 4th Incident 5th Incident 6th Incident- fee & warning of non -response 7th Incident Sth Incident- fee & placed on non -response staRus 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each Per Year Per Incident Per Incident Per Incident 53419 Firearms Examination Service Fee - Outside Agencies Basic Function Exam - per firearm Frill Function Exam - per fireatn Examination & Comparison Examination & Comparison - Major Crime (up to 6 hours) Hourly charge in excess of 6 hours - each additional hour 53409 Storage of Weapon Fee - perweapon 1-1-05 state lme change IAB 2431, PC 12021.3). fee can be charged it cury weapon is released to an miner or gam dealer 53404 Fingerprint Fee City processing fee only Applicants exempted by law shall not pay. 099510002- Fingerprint Fee 57491 State proeessingfee For all fingerprinting requiring State processing, the applicable state fee will be added to the 523.51 City fee above. 53407 Citation Sign Off -Non-SAPD Egiupment violators 64 75A-2-74 Per Card Per Incident 51.10 52.33 30.66 31.40 No Charge 75.00 100.00 125.00 150.00 200.00 300.00 400.00 No Charge 75.00 125.00 175.00 225.00 275.00 400.00 500.00 100.00 125.00 175.00 225.00 275.00 325.00 400.00 500.00 35.77 214.62 327.04 633.64 102.20 100.00 23.51 Acmal Cost 15.33 No Charge 76.50 102.40 125.00 153.60 204.50 307.20 409.60 No Charge 76.50 125.00 179.20 230.40 251.60 409.60 512.00 102.40 125.00 179.20 230.40 251.60 332.50 409.60 512.00 36.63 219.77 334.59 648.85 104.65 100.00 24.07 Acmal Cost 15.70 RESOLUTION 2015-999 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 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 ActnalCost ActnalCost Persons arrested for driving under the influence Per Incident Up to $L000 Up to $L000 Pursuant to Government Code Sec. 53150 at seq. 57000 Police Pursuits Cost Recovery Actual Cost Actual Cost Persons apprehended in police pursuits Per Incident Up to $L000 Up to $L000 Pursuant to Government Code Sec. 53150 at seq. 57000 Hit& Rum Accident Investigation ActnalCost ActnalCost Persons responsible for hit and nm accidents Per Incident Up to $L000 Up to $L000 Pursuant to Government Code Sec. 53150 at seq. 57000 Disttu'bing the Peace Police Service Fee Each ActnalCost ActnalCost Pursuant to S.A. Mumicipal Code Sec. 10-300 at seq. Up to $500 Up to $500 51607 Ice Cream Truck Vendor Permits Includes one Driver/Operator Each 235.06 240.70 Additional Truck Each 36.79 37.65 53419 License to Sell Pistols/Revolvers Per License 148.19 151.75 53416 Administration Citation Fee First Violation 102.20 104.65 Allows Animal Service Officers the right to cite for State and Second Violation 204.40 209.31 Local Animal Law Violations Third Violation 511.00 523.26 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, SX 10 Each 12.00 12.00 Contact Print, SX 10 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 25.55 26.16 53405 Police Evidence Tape (audio a' video tape) Each 36.79 37.65 53417 Police Accident Reports Each 20.00 20.00 53403 Search Fee (no case #) Each 10.00 10.00 53417 Police lnrnrigration/Clearance Letters Each 20.00 20.00 53417 Police Incident Reports Citizens Request for Information Form Each° 20.00 20.00 -Reports in excess of 20 pgs. Per 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 53411 Jail Pay to Stay Program fee Per Request 110.00 110.00 53420 Jail Booking Fee Per Conviction 225.00 225.00 65 75A-2-75 RESOLUTION 2015-999 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION X POLICE DEPARTMENT 57401 Police Security Services Lieutenant Per Hom' 69.53 71.51 Sergeant PerHom' 97.00 99.33 Police Officers PerHom' 51.00 52.94 PCO/PSO/Reserve PerHom' 50.00 51.20 53410 Impound of Owner Release Animals Per Impound** 105.00 105.00 (includes 2 nights boarding charge) **County of Orangefee, subject to change. 51607 Pushcart Permits Vendor/Operator Permit- kart Each* 235.06 240.70 * Additional Calls/Operators Each 36.79 37.65 53400 Release of Impounded Vehicles-SAPD/Traffic Vehicle Registration Expired Over 6 Months Each 140.00 140.00 Unlicensed/Suspended-Revoked Drivers Each 190.00 190.00 53423 Vehicle Storage Fee Each 75.00 75.00 57402 Solicitation Permit PerPermit 36.79 37.65 Vehicle for Hire (Taxi) Fees Driver's Permits Each 35.77 36.63 (Original, Renewal, Replacement or Duplicate) Vehicle for Hire Permit Each 148.19 151.75 Vehicle for Permit Transfer Each 6.13 6.25 57402 Reinspection Fee -Plan Checks/Not Completed Minimum * 41.90 42.91 *$41.90 minimum or hourly employee rate. Fee to be charged when inspection is called for worknot complete or corrections calledfor are not made. Second Hand Dealer Fee Each 72.56 74.30 53407 Equipment Violation Pursuant to SAMC Sec. 40225 Each 55.00 57.04 Proof of Correction Each 10.00 10.00 51402 Street Closure Permit PerPermit 143.08 146.51 Accelerated Processing Fee Per Permit Additional 143.08 146.51 401-01-5621 Downtown Event Litter Control Deposit Per event, up to 3 blocks 500.00 512.00 53613 Land Use Certificate Processing Fee for temporary outdoor event Per Permit 31.65 32.44 Accelerated Processing Fee PerPermit 65.47 70.12 50045 Escort Dm'eau, Introduction Service Establishment, and Escort Fees Program administered by Police Department Escort Dm'eau Permit Each 738.91 756.64 Introduction Service Permit Each 738.91 756.64 Escort Permit Each 158.41 162.21 66 75A-2-76 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE 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 Establislvnent 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 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 735.91 756.64 Each 306.60 313.96 Each 153.30 156.95 Each 35.77 36.63 Each 735.91 756.64 Each 265.72 272.10 Each Each Per Tape Violations with abase' (original) fine of $100 or less:(Rotmded 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 abase' (original) fine of $100 or less(Roimded up to the next whole dollar) Violations with abase' (original) fine of $100 or more:(Rounded up to the next whole dollar) 635.00 315.56 47.01 50% of base fine. Total delinquent fine is 150% of base fine. 20%ofbase fine. Total delinquent fine is 120% of base fine. 90%ofbase fine Total delinquent fine is 190% of base fine. 40%ofbase fine. Total delinquent fine is 140% 650.24 326.52 45.14 50% of base fine. Total delinquent fine is 150% of base fine. 20%ofbase fine. Total delinquent fine is 120% of base fine. 90%ofbase fine Total delinquent fine is 190% of base fine. 40%ofbase fine. Total delinquent fine is 140% 55000 Parking a vehicle within 300 ft, of fire apparatus answering a fire alatnr 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. 36-131(l) Each 64.00 64.00 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 47.00 47.00 55000 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 47.00 47.00 67 75A-2-77 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Parking in a green zone 47.00 Pursuant to SAMC Sec. 36-131(4) 55000 Parking in a blue (handicapped) zone Each Pursuant to SAMC Sec. 36-131(5) 55000 Cancellation of citation(Disabled Placards) 55000 Parking in a "No Parking" zone Each Pursuant to SAMC Sec. 36-132 55000 Noparking-streetsweeping 65.00 Pursuant to SAMC Sec. 36-133 55000 Parking in violation of 'emergency no parking sign" 55.00 Pursuant to SAMC Sec. 36-134 55000 Parking in alley Each Pursuant to SAMC Sec. 36-135(a) 55000 Stopping standing or parking a vehicle w/in parkway 63.00 Pursuant to SAMC Sec. 36-135(b) 55000 Parking at certain places and for certain proposes 63.00 Pursuant to SAMC Sec. 36-136 55000 For sale; inoperable vehicles; repairing vehicles Each 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 47.00 Pursuant to SAMC Sec. 36-136(d) 55000 Parking outside of lapping marked parking Each 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 39.00 Pursuant to SAMC Sec. 36-142 55000 Overnight parking prohibited in certain areas Each Pursuant to SAMC Sec. 36-144 55000 Parking any commercial vehicle over 10,000 has. 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 55000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) 68 75A-2-78 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 47.00 47.00 Each 111.00 111.00 Each 25.00 25.00 Each 65.00 65.00 Each 63.00 63.00 Each 65.00 65.00 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 75.00 75.00 Each 39.00 39.00 Each 39.00 39.00 Each 56.00 56.00 Each 56.00 56.00 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Park any vehicle restricting traffic (ingress/egress) 65.00 Pursuant to SAMC Sec. 36-432(2) 55000 Park any vehicle with nailer, etc., restricting traffic 56.00 Pursuant to SAMC Sec. 36-432(4) 55000 Red no parking areas -striped no parking areas Each Pursuant to SAMC Sec. 36-432(5) 55000 Parking outside/across designated parking lines 47.00 Pursuant to SAMC Sec. 36-432(6) 55000 Parking overtime on public parking lot 56.00 Pursuant to SAMC Sec. 36-432(9) 55000 Use metered spaces when meter indicates unlawful parking Each Pursuant to SAMC Sec. 36-432(11) 55000 Park any =k in excess of 2 tons in parking lot 54.00 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 Each Pursuant to SAMC Sec. 36-143 55000 Parking within an intersection 54.00 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 Each Pursuant to CVC Sec. 22500(c) 55000 Parking within 15 ft, of driveway enhance of fire station 54.00 Pursuant to CVC Sec. 22500(d) 55000 Parking on a sidewalk 54.00 Pursuant to CVC Sec. 22500(f) 55000 Obstructing traffic by stopping standing or parking alongside highway obstriution Pursuant to CVC Sec. 22500(8) 55000 Double Parking Pursuant to CVC Sec. 22500(h) 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) 55000 Parked_, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) 55000 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 69 75A-2-79 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 56.00 56.00 Each 65.00 65.00 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 55.00 55.00 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 Each 54.00 54.00 Each 54.00 54.00 Each 54.00 54.00 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 55000 Unattended vehicle, stop motor and set breaks 95.00 Pursuant to CVC Sec. 22515(a) 55000 Parking in a space designated for disabled persons without 37.00 a distinguishing plate or placard 116.00 Pursuant to CVC Sec. 22507.5(a) 55000 Obstruct, block, a' otherwise bar access to a parking space 41.00 designated for disabled persons 59.00 Pursuant to CVC Sec. 22507.5(b) 55000 Park or leave standing any vehicle, including one displaying plates a' placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.5(c) 55000 Entering an Intersection, Rail -crossing a' crosswalk Pursuant to CVC Sec. 22526 55000 No Year a' Month License Plate Tab Pursuant to CVC Sec. 5204 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 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 Parking vehiclefor sale -Ist violation Pursuant toSAMCSec . 41-1301(a) 55000 Parking vehiclefor sale- 2nd ear-n,iction n/m3•ear Pursuant toSAMCSec . 41-1301(a) 55000 Parking vehiclefor sale -3rd com iction w/in}•ear Pursuant to SdMCSec. 41-1301(a) Program administered by Police Department 55000 Occupied Motor Home Pursuant to SAMC Sec. 10.59 55000 Park Homs Pursuant to SAMC 31-2.9 55000 Parked on Park Property Pursuant to SAMC 31-2.16c 55000 Exceed Period - Vehicle Storage Pursuant to SAMC 36-434 55000 Improper Display of Permit Pursuant to SAMC 36-485 55000 Off Truck Route Pursuant to SAMC 36-171 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 60.00 Each 376.00 Each 376.00 Each 376.00 Each 171.00 Each 105.00 Each 105.00 Each 119.00 Each 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 70 75A-2-80 60.00 376.00 376.00 376.00 171.00 105.00 105.00 119.00 54.00 Each 35.00 35.00 Each 95.00 95.00 Each 37.00 37.00 Each 116.00 116.00 Each 41.00 41.00 Each 59.00 59.00 RESOLUTION 2015-999 REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE SECTION X POLICE DEPARTMENT 53416 Wild Animal Permit Fee(Qonrefundable) Pursuant to SAMC Sec. 5-8 55402 Commercial Vehicle Violation: Public Streets vehicle in excess of 6 ft in height parked within 100 ft of posted intersection (SAMC 36-145.5) First Violation Second Violation (within a 12 mo. Period) Third Violation (within a 12 mo. Period) 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 144.00 144.00 Per Violation 66.00 66.00 Per Violation 100.00 100.00 Per Violation 125.00 125.00 71 75A-2-81 RESOLUTION 2015-### REVENUE ACCOUNT DEPARTNIENFINUSCELLANEOUS FEI SECTION XI PUBLIC WORKS AGENCY 05 817002-5 170 1 Transportation Permits/Oversize/Overweight 16.00 Annual Permit 37.82 Single Trip Permit Each Fax Processing Service (Optional) 01117002-5 170 1 Building Moving Permits 16.00 Pennit Fee (Per CALTRANS) Each Building Under 1,000 sq. ft. 16.00 Building 1,000 sq. ft. or over No Charge Legal Weight/Size Load 01117002-5 799 1 Banner and Decorations 152.96 Application Fee 149.38 Removal Fee 01117002-51608 Newsbox Pennits and Inspection 176.64 Initial/Renewal Permit Fee 44.86 Annual Inspection Fee 01117002-5 3707 Curb Painting 01117002-5 3707 Street Name Sign 01117002-5 3707 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") 10 1 17 002-5 7006 Geographic Infovnation System (GIS) Consultants) Time Staff Time 08 617 002-5 6305 Telecommunications Facility Application 08617002-51704 Telecommunications Facility Inspection Charged in addition to Sheet Work PernuhlInspecdon Fees 08 617 002-5 6305 Accelerated Plan Check for Public Improvements 08 617 002-5 6305 Traffic Analysis/Studies Plan Check 2.4% PROPOSED FY 14-15 FY 15-16 UNIT FEES FEES Each 90.00 90.00 Each 16.00 16.00 Per Fiscal Year 37.82 38.72 Each 90.00 90.00 Each 16.00 16.00 Each 16.00 16.00 Not Required No Charge No Charge Per Transaction 149.38 152.96 Per Street Per Pole 149.38 152.96 Per Publication 172.50 176.64 Per Location 44.86 45.94 Per Foot 11.45 11.73 Minimum 207.60 212.58 Each 360.00 368.64 72 75A-2-82 Each 370.09 378.97 Each 722.53 739.87 Each 3.63 3.72 Each 3.63 3.72 Each 10.59 10.84 Each 10.59 10.84 Actual Contract Cost Contract Cost Actual Staff Cost Actual Staff Cost Each 979.10 1,002.60 Each 394.61 404.08 Per Hour 227.48 232.94 Per Hour 210.23 215.28 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTNIENT/NHSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08 617 002-5 6305 Improvement Plan Check Per Hour Per Hour 170.35 174.44 NOTE: Street, Storm Thain, Traffic, Grading, Sewer and Water Plan Check and Storm Drain, Sewer, Water and Related Studies. 08 617 002-5 6305 Surface Drainage Plan Check Per Hour 170.35 174.44 08 617 002-5 6305 Improvement Standard Plans/Specifications Storm Drains Set 12.34 12.64 Street Improvements Set 15.86 16.24 Sanitary Sewers Set 12.34 12.64 Water Improvements Set 21.15 21.66 Revision within 1 year 01117002-56305 Plans/Specifications Fees(nonrefundable) Reproduction 10 Sheets 26.45 27.08 Each additional 1.78 1.83 Mailing Minimum 15.54 15.92 08 617 002-5 6305 TractMap - Final Per Hour 170.35 174.44 08 617 002-5 6305 ParcelMap - Final Per Hour 170.35 174.44 08 617 002-5 6305 Lot Line Adjustment/Lot Merger Per Hour 170.35 174.44 08 617 002-5 6305 Certificate of Compliance Per Hour 170.35 174.44 08617002-51704 Single Family Residence Repair Fee for: driveways, sidewalks, curb coring Each 252.28 258.34 05 8 17 002-5 3706 Street Work Permits/Inspection Fees Charged in addition to other fees Each 285.71 292.57 08617002-51704 Inspection Fees: Trench Excavation/Back Fill Linear Foot 1.85 1.89 (unless included in other fees) Minimum 153.09 156.77 08617002-51704 Storm Drains/Culverts, Sewer, Water Mains/Line Channels Linear Foot 8.63 8.83 Minimum 153.09 156.77 08617002-51703 Sewer Laterals/Water Services Each 935.81 958.27 08617002-51704 Traffic Occupancy or Lane Closure Requiring Signage All Streets Per Day 287.13 294.02 Minor Streets Deposit 907.84 929.62 Major Streets Deposit 1,208.71 1,237.72 08617002-51704 Manhole,Vaults, Catch Basins andrequired signage, striping or barricades Plus Earthwork Each 1,107.23 1,133.80 08617002-51704 Curb, Gutter or Combination including Earthwork Linear Foot 2.11 2.16 Minimum 153.09 156.77 73 75A-2-83 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTNIENFINI SCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 08617002-51704 Curb Return, including Earthwork Each 284.62 291.45 08617002-51704 Sidewalk including Earthwork Sq. Foot 1.39 1.42 Minimum 153.09 156.77 08617002-51704 Drive Approach including Earthwork Sq. Foot 0.94 0.97 Masonry, Concrete or Block Minimum 153.09 156.77 08617002-51704 Paving, including Earthwork 74 75A-2-84 (0 - 2000 sq. ft.) Sq. Foot 0.39 0.40 (Over 2000 sq. ft.) Sq. Foot 0.27 0.28 Minimum 153.09 156.77 08617002-51704 Fencing Masonry, Concrete or Block Linear Foot 1.64 1.68 Minimum 137.54 140.84 08617002-57006 Street Trees By Developer, Inspection Only Each 185.43 189.88 08617002-51704 Permanent Street Patch Guarantee Refundable if done in 30 calendar days Sq. Foot 34.65 35.48 08617002-51704 Projects Exceeding $50,000 & «100,000 and/or Percent of estimated Work items not 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 Actual OF Rate Actual OF Rate Construction Inspector overtime rate range. Ac =1 overtime hourly - rate based on Inspector's salary step 08 617 002-5 6305 Certificate of Correction Per Hour 170.35 174.44 08 617 002-5 6305 Covenants, Conditions, & Restrictions; Agreements and Per Hour 170.35 174.44 Miscellaneous Checking 06817002-53710 Notice of Abatement- Standard Administration Fee Each 377.34 386.40 06817002-53710 Notice of Abatement -Multiple Postings in a 12 -month Period Each 62.53 64.04 08617002-51704 Survey Monument Check 1st Monument Check Each 865.31 886.07 Additional monument Each 173.57 177.74 Double Street 08617002-51704 Uninitiated Street Work Penuit Per Pennit Double Street Work Work Pennit Fee Pennit Fee 08617002-57790 Abandonment Processing Summary Per Application 1,704.50 1,745.41 Non -Summary Per Application 5,113.51 5,236.23 74 75A-2-84 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTNIENT/NHSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05 817002-5 1705 Encroachment Processing Each 451.14 461.96 06017002-53720 Meter Test in Field/Shop Each 100.76 103.18 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* 63.68 65.21 .3/4" Each* 82.40 84.38 P Each 135.81 139.07 11/2" Each 318.56 326.21 2" Each 425.79 436.01 • After business hours, the charge for replacement Minimum 137.54 140.84 NOTE: These charges are equal to the cost of installation of new meters (a meter is only removed in cases where normal collection procedures fail). 06017002-53720 Cut-off Water Service in Street Each 355.98 364.52 06017002-53725 Temporary Construction Meter Deposit Each 1,092.52 1,118.74 06017002-53720 Removal of Straight Pipe(administered by PWA) Each 92.20 94.41 06017002-53720 Repair Curb Stop (administered by PWA) Each 135.81 139.07 01117002-51609 Outdoor Dining Fee Application Fee 1,208.57 1,237.57 Annual license fee based on size of dining area Square Foot 0.79 0.81 08617002-57006 Citywide Bicycle Locker Program Application Processing Per Fiscal Year 7.97 8.16 Security Deposit One-time, Refundable 79.54 81.45 Key Replacement Per Key 23.88 24.45 Lock Replacement Per Lock 127.27 130.33 Damage/Repair Fee Each 47.73 48.87 08617002-51704 Directional Boring Fee Per Linear Foot 2.15 2.20 01117002-51402 2nd Street Mall Use Fee Per Event 39.79 40.75 Drainage Assessment Area Fee Per Acre 22 1 17 002-5 0500 Area 1 6,618.10 6,776.93 222 17 002-5 0500 Areal 7,978.32 8,169.80 223 17002-5 0500 Area 4,295.41 4,398.50 22 417 002-5 0500 Area 4 6,339.71 6,491.86 225 17002-5 0500 Area 5 7,222.64 7,395.99 22617002-5 0500 Area 7,103.34 7,273.82 05 5 17002-5 370 1 Sewer Connection Fee Per Plumbing 94.57 96.84 Fixture Unit 75 75A-2-85 RESOLUTION 2015-### 2.4% PROPOSED REVENUE FY 14-15 FY 15-16 ACCOUNT DEPARTNIENT/NHSCELLANEOUS FEE OR SERVICE UNIT FEES FEES SECTION XI PUBLIC WORKS AGENCY 05 617002-5 3902 Sewer Grease Cleaning Per Year 2,141.32 2,192.71 08617002-57006 Residential Parking Permit Single Family Home -each permit every two years 61.32 62.79 maximum 3 permits Multi -family Home (up to four plex) - each pennit every two years 61.32 62.79 maximum 1 permit Trench Cut Fees - Changes based on Engineering News Record Dry Utilities 05 8 17 002-5 3704 Arterial Street Resurfaced between 0 and 5 years 18.07 18.51 Resurfaced between 6 and 10 years 16.01 16.39 Resurfaced between 11 and 15 years 15.05 15.41 Resurfaced between 16 and 20 years 12.03 12.32 05 8 17 002-5 3705 Local Street Resurfaced between 0 and 5 years 12.25 12.54 Resurfaced between 6 and 10 years 10.88 11.15 Resurfaced between 11 and 15 years 10.23 10.48 Resurfaced between 16 and 20 years 9.23 9.45 Resurfaced between 21 and 25 years 8.21 8.40 Wet Utilities 05 8 17 002-5 3704 Arterial Street Resurfaced between 0 and 5 years 28.10 28.77 Resurfaced between 6 and 10 years 24.86 25.46 Resurfaced between 11 and 15 years 23.40 23.96 Resurfaced between 16 and 20 years 18.71 19.16 05 8 17 002-5 3705 Local Street Resurfaced between 0 and 5 years 19.05 19.51 Resurfaced between 6 and 10 years 16.91 17.31 Resurfaced between 11 and 15 years 15.89 16.27 Resurfaced between 16 and 20 years 14.34 14.68 Resurfaced between 21 and 25 years 12.75 13.06 76 75A-2-86 PROPOSED NEW MISCELLANEOUS FEE FY 2015-2016 PLANNING AND BUILDING AGENCY 1) Major Commercial Modification Review Existing Fee: None Proposed Fee: $1,334.73 This fee will be charged for non-residential additions less than 500 square feet or non-residential fagade improvements requiring structural alterations. There is currently no fee for this type of service within the Planning Division even though these projects require the same level of review in terms of staffing, time and materials as a new Single -Family Residence or Major Modification. Revenue is anticipated to be $10,678 annually. 77 75A-2-87 PROPOSALS TO MODIFY EXISTING FEES FY 2015-2016 Proposed modifications to existing fees are fee rate adjustments to the Miscellaneous Fees Schedule. PLANNING & BUILDING AGENCY 1) Rooftop Solar Permit Existing Fee: Waived through June 30, 2015 Proposed Fee: In accordance with State of California, Senate Bill No. 1222 (September 27, 2012, sunsets January 1, 2018) Residential Rooftop Solar (1 kTV to 15kTV) Flat $500.00 - Plus each additional OV over 15kTV Each $15.00 Commercial Rooftop Solar (1 kTV to 50kYY) - Plus each additional OV over 50kYY up to 250kTV Commercial Rooftop Solar (over 250kYY) - Plus each additional OV over 250kYY 78 75A-2-88 Flat $1,000.00 Each $7.00 Flat $2,400.00 Each $5.00