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HomeMy WebLinkAbout FULL PACKET_2017-05-16MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 24, 2017 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:05 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO) JUAN VILLEGAS COUNCILMEMBERS Absent: None (0) STAFF Present: GERARDO MOUET, Acting City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Albert Castillo, expressed concern with agendized item; urged the City to appoint Acting Police Chief that does not have any political ties to the Police Officers Association. • Robert Oliver, opined that Police Officers Association has ousted the Police Chief; City in need of community policing and engage the community. • Jennifer Rojas, representative of ACLU, read written statement into the record; emphasized need to have open and transparent process in the selection of a Police Chief. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:15 p.m. CLOSED SESSION ITEM 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 matter will prejudice the position of the City: CITY COUNCIL MINUTES 1 0A -1 APRIL 24, 2017 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, AND /OR EVALUATION OF PERFORMANCE pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager CLOSED SESSION REPORT - City Attorney Carvalho reported that the following motion was approved by a 4 -3 vote (Pulido, Solorio and Villegas dissented): 1) Direct Acting City Manager Mouet reassume his role of Executive Director of Parks, Recreation and Community Services Agency; 2) Direct staff to immediately initiate recruitment for an Interim City Manager; and 3) Initiate the recruitment for a permanent City Manager. ADJOURNED AT 7:14 P.M TO A SPECIAL CLOSED SESSION MEETING ON MONDAY, MAY 1, 2017 AT 5 P.M. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 1 0A -2 APRIL 24, 2017 MINUTES OF THE ADJOURNED SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS — None MAY 1, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:05 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES (5:07 P.M) VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:20 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: None STAFF Present: ROBERT CORTEZ, Deputy City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:05 p.m. CLOSED SESSION ITEM 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 matter will prejudice the position of the City: PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, AND /OR EVALUATION OF PERFORMANCE pursuant to Section 54957(b)(1) of the Government Code: Title: Interim City Manager CITY COUNCIL MINUTES 1 MAY 1, 2017 1OB -1 CLOSED SESSION REPORT - None ADJOURNED - 6:30 P.M Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 10 B -2 MAY 1, 2017 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None MAY 2, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:10 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:25 P.M.) MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES (5:25 P.M.) VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:20 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: ROBERT C. CORTEZ, Deputy City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:10 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 -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Gary Fratus vs. City of Santa Ana; Case Nos. ADJ8268137; ADJ4023921; ADJ1227475; ADJ2706147 CITY COUNCIL MINUTES 1 MAY 2, 2017 1 0C -1 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Negotiator: Deputy City Manager Terms: Conditions of potential sale. Address of Property: Bristol Street Project Coalition Properties 1. Coalition Property: 1417 N. Bristol Street, Santa Ana, CA, APN 405 - 252 -17, Owners: Jesus Zambrano, Veronica Rosales Zambrano, and Marcelino Rosales 2. Coalition Property: 1415 N. Bristol Street, Santa Ana, CA APN 405 - 272 -19, Owner: Robert Peter Gonzales 'Mayor Pulido abstained on matter due to a potential conflict of interest. 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) Service Employees' International Union (SEIU) Full -Time Employees 4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Interim City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:30 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 MAY 2, 2017 1 0C -2 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:35 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tern P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: NONE STAFF Present: ROBERT C. CORTEZ, Deputy City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO TOM JONES, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the leaders of the Riverview Neighborhood Association for their outstanding contributions to the community: Matilde de Santiago- Barrows; Ana Gallardo; Jessica Mejia; and Elsie Robles. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to the Downtown Santa Ana Farmer's Market for their outstanding contributions to the community. PROCLAMATION presented by MAYOR PRO TEM MARTINEZ recognizing National Bike Month and CERTIFICATE OF RECOGNITION to Caltrans for Work Day event. PROCLAMATION presented by COUNCILMEMBER VILLEGAS recognizing the Orange County Fire Authority's Drowning Prevention campaign. CITY COUNCIL MINUTES 3 MAY 2, 2017 1 0C -3 CLOSED SESSION REPORT- See Item 19A for any reportable actions. PUBLIC COMMENTS • Albert Castillo, spoke on Agenda Item 19L, presented report from ACLU; also, spoke on Agenda Item 25F — suggested an ad hoc committee to consider policy. • Robert Oliver, spoke on Agenda Item 19L, supports review board. • Jackie Cordova, spoke on Agenda Item 19L, concurred on need for an advisory board. • Alan VanDeVort, spoke on Agenda Item 25C, concerned with limited parking in and around proposed project site. • Kevin A. Coleman, developer of Net Project (Agenda Item 25C), thanked staff for support of project; look forward to augmenting amenities for the benefit of our community. • PJ Jahangiri, favors project as proposed (Agenda Item 25C). • Dave Elliott, representing the Santa Ana Chamber of Commerce, staunch supporter of project and economic development opportunities such as this (Agenda Item 25C). • Jonathan Maher, spoke on Agenda Item 25C, encourage approval of matter that will bring jobs and much needed revenue to the City. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 31C, with the following modifications: Mayor Pro Tern Martinez, pulled Agenda items 19L, 20A, 20B, 25A, 25F, and 25J for separate discussion; and dissented on Agenda Items 25H, 251; Mayor Pro Tern Martinez, noted that Agenda Item 11A continued to the May 16, 2017 City Council meeting and requested separate vote; and Councilmember Sarmiento, pulled Agenda Item 191 for comment only; and recused himself on Agenda Items 19K and 25C due to potential conflict of interest. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido(1) Sarmiento, Solorio, Tinajero, Items removed for separate- action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part _ of the consent motion CITY COUNCIL MINUTES 4 MAY 2, 2017 1 0C -4 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 18, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. Placed on first reading at the March 7, 2017 City Council meeting and approved by a vote of 5 -0 (Pulido abstained and Sarmiento absent). Published in the Orange County Reporter on March 10, 2017. Matter continued from the March 21, 2017 City Council meeting by a vote of 5 -0 (Martinez absent and Pulido abstained). Matter continued from the April 18, 2017 City Council meeting by a vote of 4 -0 (Sarmiento and Tinajero absent; Pulido abstained). MOTION: Continue consideration of matter to the May 16, 2017 City Council meeting at the request of staff. MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 11 B. APPROVING AMENDMENT APPLICATION NO. 2016 -05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) {STRATEGIC PLAN NO 5, 1) - Clerk of the Council Office CITY COUNCIL MINUTES 5 MAY 2, 2017 1 0C -5 Placed on first reading at the April 18, 2017 City Council meeting and approved by a vote of 5 -0 (Sarmiento and Tinajero absent) Published in the Orange County Reporter on April 28, 2017. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2915 - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2016- 05 REZONING THE PROPERTY LOCATED AT 2603 SOUTH MAIN STREET FROM GENERAL COMMERCIAL (C -2) TO LIGHT INDUSTRIAL (M -1) (AA NO. 2016 -05) BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 15, 2020 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Appoint Richard Santana to the Community Redevelopment and Housing Commission (Ward 1 resident; replacing C. Aguinaga). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: AGMT NO. 2017 -107 - CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Gary Fratus vs. City of Santa Ana; Case Nos. ADJ8268137; ADJ4023921; ADJ1227475; ADJ2706147; Motion by Councilmember Sarmiento, seconded by Councilmember Villegas to approve agreement in the amount of $39,079 approved by 4 -0 vote (Pulido, Benavides and Tinajero absent) CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Negotiator: Deputy City Manager Terms: Conditions of potential sale. Address of Property: Bristol Street Project Coalition Properties CITY COUNCIL MINUTES 1 0C -6 MAY 2, 2017 Coalition Property: 1417 N. Bristol Street, Santa Ana, CA, APN 405 - 252 -17, Owners: Jesus Zambrano, Veronica Rosales Zambrano, and Marcelino Rosales Coalition Property: 1415 N. Bristol Street, Santa Ana, CA APN 405 - 272 -19, Owner: Robert Peter Gonzales *City Council by 6 -0 vote provided staff direction. Mayor Pulido abstained on matter due to a potential conflict of interest. 19B. EXCUSED ABSENCES — None 19C. QUARTERLY REPORT OF INVESTMENTS AS OF MARCH 31, 2017 {STRATEGIC PLAN NO. 4, 1 D} - Finance and Management Services MOTION: Receive and file. 19D. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 1} - Finance and Management Services MOTION: Receive and file the Quarterly Report of Contracts entered into between October 1, 2016 to March 31, 2017 valued at $25,000 and less. 19E. UPDATE ON BIKE MONTH EVENTS {STRATEGIC PLAN NO. 7, 5F} - Public Works Agency MOTION: Receive and file. 19F. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR APRIL 2017 {STRATEGIC PLAN NO. 5, 11 - Public Works Agency MOTION. Receive and file. 19G. ACKNOWLEDGE AWARD BY AMERICAN SOCIETY OF CIVIL ENGINEERS FOR BRISTOL STREET IMPROVEMENT PHASE 2 — PROJECT NO. 08 -1700 {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency CITY COUNCIL MINUTES 7 MAY 2, 2017 1OC -7 MOTION: Receive and file. 19H. CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION 2017 RESOURCE EFFICIENCY AND COMMUNITY SERVICE AWARD FOR A SUCCESSFUL WATER CAMPAIGN AND WATER CONSERVATION OUTCOME {STRATEGIC PLAN NO. 5, 2} - Public Works Agency MOTION: Receive and file. 191. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2017 — MARCH 2017 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 26, 2017 by a vote of 5 -0 (A. Cano absent). • Councilmember Sarmiento, recommends assessing each project and prioritizing by community benefit; individual projects compete well but with limited tax credits available they are competing against each other; proposed an Ad Hoc Committee to further review. • Deputy City Manager Cortez, agreed on limited funding availability; currently three projects competing; concurred on ad hoc committee review. • Mayor Pro Tern Martinez, questioned policy perspective; need to evaluate green living. • Councilmember Solorio, agreed on adding to future agenda for discussion MOTION: Receive and file. 19J. PARK RANGER UPDATE {STRATEGIC PLAN NO. 1, 1} - Police Department MOTION: Receive and file. 19K. __CITY OF SANTA ANA THIRD STREET AND'BROADWAY DEVELOPMENT PROJECT UPDATE {STRATEGIC PLAN NO. 3, 5AI _Planning and Building Agency -- _.- --- - - - - -- - --- - - - - -- MOTION: Receive and file. MOTION: Benavides SECOND: Solorio VOTE: AYES: Benavides, Martinez, Solorio, Tinajero, Villegas (5) NOES: None (0) CITY COUNCIL MINUTES 8 MAY 2, 2017 1 0C -8 ABSTAINED: ABSENT: Sarmiento (1) Pulido (1) E ESTABLISHMENT OF AN INDEPENDENT REVIEW OR VIEW BOARD TO REVIEW POLICE FORCE INCIDENTS, PRO( n Dni I(`IFC JCTDATG(,IC DI AN Alf) F 11 — (ii #v At mmav' f)ffica Councilmember Benavides, noted that several options provided for consideration; suggested an Ad Hoc Committee; staff to consider Sanctuary City Task Force as part of the discussion and options. City Attorney Carvalho, recommended that direction be provided to the City Manager and City Attorney's Office may provide legal implications. Councilmember Sarmiento, appreciate information, but would like recommendations from other jurisdictions of similar size; public to have a role. Mayor Pro Tern Martinez, important to include community input; have reviewed best practices as received by various agencies; supports Ad Hoc Committee to bring about recommendations for City Council consideration. MOTION: 1. Receive and file report. 2. Schedule matter for consideration in 45 days. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MINUTES 9 MAY 2, 2017 1 0C -9 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS SANTA ANA BOULEVARD AND 5TH STREET PROJECT 17 -6880 JFRAI Ft wn) fSTRATFr,Ir: PI AN Nr) R Ira - Pi ihlir Wnrlrc Annn, MOTION: 1. AGMT NO. 2017 -108- Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley -Horn and Associates, Inc. for a one -year term with the City option to grant up to two (2) one -year renewals exercisable by the City Manager and the City Attorney, in an amount not to exceed $690,000 over the life of the agreement, which includes a 10% contingency of $63,269, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -114 - Recognizing $740,000 of State Active Transportation Program grant funds in the Traffic System Management revenue account and appropriating the same to the Active Transportation Program expenditure account. MOTION: Benavides SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) ON CHESTNUT AVENUE AND BUSH /CYPRESS ( �TRATFr,IC PI AN Nr1R R 1 R R I r.'l - Pi thlir %A /nrkc MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a construction contract with Cal- Stripe Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $84,875.40, for CITY COUNCIL MINUTES 10 MAY 2, 2017 1 0C -10 the term beginning upon execution of the contract and ending upon project completion, for the Chestnut Avenue and Bush /Cypress Bike Lanes Project, subject to non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 — 112 - Recognizing a grant allocation by Orange County Partnership to Improve Community Heath in the amount of $108,750 into the Emergency and Heath Fund expenditure account for FY 2016 -2017. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $108,750, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $11,142. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: AGREEMENTS SECOND: Benavides Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Pulido (1) 25A. AGMT NO. 2017 -109 - VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM {STRATEGIC PLAN NO. 2, 41 - Community Development Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement recognizing $2,400,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency, effective July 1, 2017 through June 30, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. 25B. AGMT NO. 2017 -110 - HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017 -08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD AVENUE {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Gumm Family Trust, property CITY COUNCIL MINUTES 11 MAY 2, 2017 1 0C -11 owners, for the structure located at 1923 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. PURCHASE AND SALE AGREEMENT FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 2129 NORTH MAIN STREET {STRATEGIC PLAN NO. 3, 3C} - Planning and Building Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Net Development Co., for the sale of City -owned property located at 2129 North Main Street in the amount of $2,075,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN: ABSENT: *Motion failed. SECOND: Benavides Benavides, Martinez, Tinajero (3) Solorio, Villegas (2) Sarmiento (1) Pulido (1) Motion by Councilmember Solorio, seconded by Councilmember Villegas to continue matter for two weeks: MOTION: Solorio SECOND: Villegas VOTE: AYES: Benavides, Martinez, Solorio, Villegas (4) NOES: Tinajero (1) ABSTAIN: Sarmiento (1) ABSENT: Pulido (1) 25D. AGMT NO. 2017 -111 - INSTALLATION, REMOVAL, AND STORAGE OF AMERICAN FLAGS TO BE USED IN DOWNTOWN SANTA ANA {STRATEGIC PLAN NO. 3, 4A} - Community Development Agency MOTION: Authorize the Acting City Manager and the Clerk of the Council to execute an agreement with Exterior Products, subject to non - substantive changes approved by the Acting City Manager and City CITY COUNCIL MINUTES 12 MAY 2, 2017 1 0C -12 Attorney, in an amount not to exceed $13,200, for a term beginning May 2, 2017 through December 31, 2019. 25E. AGMT NO. 2017 -112 - AMENDMENT - DOMESTIC WATER QUALITY TESTING [NON - GENERAL FUND] {STRATEGIC PLAN NO. 5, 6D & 6F) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Clinical Laboratories of San Bernardino, increasing the contract amount by $20,000 for lead sampling for a total amount not to exceed $440,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2017 -113 - Bc AND THE PU qA1 _ Pnlira np- • Councilmember Solorio, thanked staff for bringing this item forward; need to continue to have discussion on matter specifically as it relates to administrative policy on accessibility for both public and media. • Councilmember Sarmiento, commented on the multi -layer benefits including building trust within community and keeping officers safe. • Acting Chief of Police Schnabl, indicated that there is an initial learning curve and transition period; data will be uploaded and retained for a minimum of two- years. • Councilmember Benavides, requested information be posted on City's website, along with frequently asked questions "FAQ's ". MOTION: Authorize the City Manager and Clerk of the Council to execute a five -year agreement, for the period of May 2, 2017 through May 1, 2022 with Taser, Inc., unless terminated earlier by either party for cause upon 30 days advance written notice if there is any material default or breach of agreement by either party, in the amount of $1,488,424.26 (including a $50,000 contingency), subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero, Pulido (2) CITY COUNCIL MINUTES 13 MAY 2, 2017 1 0C -13 25G. AGMT NO. 2017 -114 - AMENDMENT - ENGINEERING DESIGN, CONSTRUCTION SUPPORT AND PROJECT CLOSURE SERVICES {STRATEGIC PLAN NO. 6,1 C} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to amend agreement with Psomas, Inc., to expand the current scope of work for engineering design in the amount of $150,000 for an additional one -year period through September 1, 2018 so that the total sum to be expended under the Agreement shall not exceed $325,000, subject to non - substantive changes approved by the City Manager and City Attorney. MT NO. 2017 -115 - PURCHASE AGREEMENT FOR REAL PROF QUISITION FOR BRISTOL STREET IMPROVEMENTS PHASE 4; UTH BRISTOL STREET, APN 408- 336 -17 (PROJECT NO. 116741, NERAL FUND)_ {STRATEGIC PLAN NOS. 6. 1G: 3. 2CI - Public MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement for the real property acquisition, temporary construction easement, and goodwill (if any) with property owner, World Oil Marketing, for a full acquisition in an amount of $610,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Pulido (1) REEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 4; UTH BRISTOL STREET, APN 015 - 194 -36 (PROJECT NO. 116741, NER_AL_FUND) {STRATEGIC PLAN NOS. 6. 1G: 3. 2C} - Public MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreement of Tenant Interest and goodwill (if any) with property tenant Akbar Heidarinia DMD, dba South Coast Dental Group Inc. for CITY COUNCIL MINUTES 14 MAY 2, 2017 1OC -14 Tenant Interest acquisition in the amount of $520,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Sarmiento, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Pulido (1) City Attorney Carvalho, recommended that the City Council approve item and direct staff to negotiate amendments to the agreement to allow for expedited process; also, proposed that the City Council Adjourn said item along with the Closed Session item on same matter to May 8t' in order to reconvene and address any pending issues, if any. MOTION: 1. Direct and authorize the City Attorney to negotiate terms similar to attached agreement and authorize the Mayor, City Attorney and Clerk of the Council to execute an agreement, if terms of agreement accepted. 2. Adjourn Regular Meeting to Monday, May 8, 2017 at 12 noon for an Adjourned Regular Meeting in the event that the Council approval or direction is required. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido(1) CITY COUNCIL MINUTES 15 MAY 2, 2017 1 0C -15 MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT TO SUPPORT THE WINDSOR NEIGHBORHOOD ASSOCIATION FOR A FIRE ALARM INSTALLATION EVENT {STRATEGIC PLAN NO. 5, 41 - Mayor Pulido MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Charitable Ventures of Orange County Inc. for a one- time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 29B. DONATION AGREEMENT TO SUPPORT THE WINDSOR VILLAGE NEIGHBORHOOD ASSOCIATION FOR A FIRE ALARM INSTALLATION EVENT {STRATEGIC PLAN NO. 5, 41 - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Charitable Ventures of Orange County Inc. for a one- time donation amount of $500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2017 -11 TO ALLOW ANGEL PRESCHOOL TO OPERATE A CHILD CARE FACILITY FOR 45 CHILDREN AT 918 NORTH BEWLEY STREET - LAM NGUYEN, APPLICANT {STRATEGIC PLAN NO. 3,2} - Planning and Building Agency Planning Commission approved recommended action on April 10, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017 -11 as conditioned. 31 B. CONDITIONAL USE PERMIT NO. 2017 -12 TO ALLOW FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON- PREMISE CONSUMPTION AT THE PIZZA PRESS RESTAURANT LOCATED AT 117 WEST FOURTH STREET, UNIT 101 — KEVIN HUFFORD, APPLICANT {STRATEGIC PLAN NO. 3, 2, 4} - Planning and Building Agency Planning Commission approved recommended action on April 10, 2017, by a vote of 7 -0. CITY COUNCIL MINUTES 16 MAY 2, 2017 1 0C -16 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017 -12. 31 C. CONDITIONAL USE PERMIT NO. 2017 -13 TO UPGRADE AN EXISTING ON- PREMISE ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE GREEN PARROT VILLA LOCATED AT 2035 NORTH MAIN STREET - AARON MONTOYA, APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency Planning Commission approved recommended action on April 10, 2017, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017 -13. * *END OF CONSENT CALENDAR ** CLERK OF THE COUNCIL HUIZAR ADMINISTERED OATH OF OFFICE TO RICHARD SANTANA, COMMUNITY REDEVELOPMENT AND HOUSING COMMISSIONER BUSINESS CALENDAR ITEMS ORDINANCE /FIRST READING 50A. ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLE IV, DIVISION 3 TO UPDATE THE CITY'S EMERGENCY SERVICES, DISASTER PREPAREDENESS AND EMERGENCY OPERATIONS REQUIRED BY THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) AND THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) TO BE ELIGIBLE TO RCEIVE STATE AND FEDERAL EMERGENCY MANAGEMENT AND HOMELAND SECURITY GRANTS AND STATE OR FEDERAL REIMBURSEMENT {STRATEGIC PLAN GOAL 1, 2e} - Police Department MOTION: Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2916 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES CITY COUNCIL MINUTES 17 MAY 2, 2017 1 0C -17 MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: RESOLUTIONS SECOND: Tinajero Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) None (0) None (0) Pulido (1) 55A. ADOPT RESOLUTION REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS {STRATEGIC PLAN NO. 7, 4a} - City Attorney's Office MOTION. Adopt a resolution. RESOLUTION NO. 2017 -016 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING RESOLUTION 2005 -051, DESIGNATING THE OFFICERS OF THE CITY AUTHORIZED TO EXERCISE THE AUTHORITY OF THE CITY MANAGER IN THE ABSENCE OF THE CITY MANAGER, AND DESIGNATING SALARY AND BENEFITS FOR THE ACTING CITY MANAGER AFTER SERVICE OF MORE THAN THIRTY DAYS MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 55B. APPROPRIATION ADJUSTMENT, RESOLUTION AND SUBMISSION OF APPLICATION FOR STATE AND FEDERAL DISASTER REIMBURSMENT FOR JANUARY 2017 STORM DAMAGE {STRATEGIC PLAN NO. 6: 1B and 1 F} - Police Department and Public Works Agency CITY COUNCIL MINUTES 18 MAY 2, 2017 1 0C -18 MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2017 -115 - Recognizing approximately $431,250 in state and federal Disaster Recovery Public Assistance funding, related to costs and damages incurred during January 2017 rainstorms and flooding, in FEMA Disaster Assistance and OES Disaster Assistance revenue accounts, and appropriating same to FEMA/OES Disaster Assistance expenditure accounts. 2. Adopt a resolution. RESOLUTION NO. 2017 -017 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER, AND DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE(S) TO APPLY FOR STATE AND FEDERAL DISASTER RECOVERY PUBLIC ASSISTANCE FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) AND THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES), TO EXECUTE SUCH DISASTER RECOVERY PUBLIC ASSISTANCE FUNDING APPLICATION DOCUMENTS AND REQUEST REIMBURSEMENT FOR COSTS AND LOSSES INCURRED FROM JANUARY 2017 STORM DAMAGE 3. Authorize the City Manager and Director of Public Works to execute such Disaster Recovery Public Assistance funding application documents as may be required by the Federal Emergency Management Agency (FEMA) and by the California Office of Emergency Services, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) 55C. DECLARING SUPPORT FOR GRANT APPLICATION TO OC RECYCLES FOR ORANGE COUNTY FOOD TO FAMILIES — FOOD WASTE TO ENERGY ORGANICS RECYCLING PROGRAM {STRATEGIC PLAN NO. 5, 21 - Public Works Agency CITY COUNCIL MINUTES 19 MAY 2, 2017 1 0C -19 MOTION: Adopt a resolution. RESOLUTION NO. 2017 -018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING SUPPORT FOR THE ORANGE COUNTY FOOD TO FAMILIES — FOOD TO ENERGY ORGANICS RECYLING PROGRAM MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Solorio (2) REPORTS 65A. REVIEW AND ADOPT THE 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM {STRATEGIC PLAN NOS. 1, 2, 3, 4, 5, 6, 7} - City Manager's Office Matter continued from the April 18, 2017 City Council meeting by a vote of 5 -0 (Sarmiento and Tinajero absent). MOTION: Review and adopt the 2017 Federal and State Legislative Platform. MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Solorio (2) 65B. FISCAL YEAR 2016 -17 3RD QUARTER BUDGET UPDATE; AND FISCAL YEAR 2017 -18 GENERAL FUND TRIAL BUDGET AND FINANCIAL FORECAST {STRATEGIC PLAN NO 4, 1d} - Finance and Management Services CITY COUNCIL MINUTES 20 MAY 2, 2017 1 OC -20 Presenattion by Deputy City Manager Cortez General Fund Operations Mid -Year Review (Feb. 2017 CCMI PROJECTED YEAR -END FY 16 -17 NUM 1 Revenues 5226,970, 5225,671.33 Expenditures 3:26,9'70, 5228,851,0 Projected Net Operating Balance: ($3,179,684) Pending items: 1) Christmas Sales 2) Additional major development 3) Additional utility usage 4) Expenditure Trends 4 A w 3'd Quarter Top 6 General Fund Revenues BUDGET TO ACTUALS JULY • MARCH (76%) Top 6 General Fund Revenues AnnualBudget sales Tax FY 16-17 344504, FY July Actuals 16-17 - Mar. 29,090,42 property Tax 933,022,0(9 0 $21,227,95 Property Tax In-Ueu of VLF MOKOIN 4P $14,815,07 UUT 327,780, O $16,768,14 Business Ucense $1 1,632,3Z 0 58.785,61 Hotel VlsiinrsTex 39,430. 12817138 56,317, TOWTOp6 3158,464) 59f,985,5 3'd Quarter General Fund Expenditures: BUDGET TO ACTUALS July — March (75 %) ADOPTED BUDGET man ,x 2647520 3RD QUARTIB ACTUALS 2281432 ExpeWed e6JW$ o,DWt 17 434 530 11M708 evkd1hec.di 976761 626.536 Av Allan sMm 2878925 2. 456 N admen 1405042 939.015 Mnm6Me nl6emma n d873614 3.198132 ers Museum 1475890 1103 Nxs and Reaestn 9ervlcesA 19.366904 12817138 kA annnl 120257118 8715/230 ve mtrnent 41.765.141 33.%9.62] e n 4BUtldm 1 9514222 7.170077 75.1 llc VValn n 1 908755 3199329 59. n De: mNd 463675 328085 70.5 TOTAL GENERAL FUN 28970 16)01]158 R CITY COUNCIL MINUTES 21 MAY 2, 2017 1 OC -21 4 E Year -End General Fund Operations PROJECTED YEAR -END FY 16-17 Projected Operating Balance: ($2,242,542) Year -End Fiscal Management Strategies 1) Continued Department Savings 2) Review of encumbrances and continuing projects biFY 17 -18 TRIAL BUDGET BASELINE ELEMENTS ► Recognizes full a,_..;.: ► Reduction of the Water Transfer ($24M) ► Graffiti Abatement Program funding of $1 2M ► Includes FY 17 -18 actuarial PERS rates PD Safety - 43.106% Fire Safety -$7.4M (IJALI Miscellaneous - 34.106% ► Health insurance rates increase of 9% ($1.3M) FY 17 -18 TRIAL BUDGET BASELINE ELEMENTS ► OCFA & Ambulatory Cost Increase ($1 3M) ► Allocated $1 OM in matching City Funds for 3" COPS Hiring Grant ► Funding for City's share of Animal Shelter construction costs ($750K) ► Financing of 800 MHz Final Phase Backbone ($200K) ► Continue current attrition value ► Maintain current programs and service levels 7 9 10 CITY COUNCIL MINUTES 22 MAY 2, 2017 1 OC -22 FY 2017-24118 General Fund II 12eTenuc tinnrrr< F�.1M 9ne1—Ikm1YYTel1 TII.11P®1529N f A-Ib &T. =712e17116131y Smium -, zn T29 ao rs Pr Pp T.b .w I XWL15YB1137Af1 F \'2017 -2018 General Fund 11 Appropriations S 238,741.172 ��4Y11 }If Me1LWY) l>.yoYynYUW,ueP Wel geP,y- � �W W 116KW111 p4m.an Pl lTy y�ergMl(NapM }I1P>rl rte. w,sd WW,.mry9W11 ew�YYw W}IS.WV.WN MrYm 61}Yle SN 119 We16tlq . tB.BS.3371a iYM Rtl'sNn epnq 6Eff61i Q6A4� q Mbrp'� qa leYOJ W 1 ! 7r1 YiMwn Sms� W. W i2W II. pty q �rw�nga•rYww Wm,uWm�l FY 17 -18 GENERAL FUND TRIAL BUDGET CITY COUNCIL MINUTES 23 MAY 2, 2017 1 OC -23 238 7 $14.4M Budget Gap 224.3 Revenues Fx{rendM1Ures CITY COUNCIL MINUTES 23 MAY 2, 2017 1 OC -23 �\ GENERAL FUND FORECAST �+�► FY 2016 -2017 to FY 2018 -2019 ■L �R- , �Expvdit m sm Ms 656 - 52M 2367 Tj ($19.5M) 226.6 ($14.4M) Jr 234.7_ 6206 _ — $IN 1417 17118 1 11116 14 LADDITIONAL IMPACT ITEMS • Enterprise Program Review • Negotiations • Final cost of the SEIU Job Classification Study • Additional Deferred Maintenance Fames. VMides dEguipment) • Liability Premium Increases • Pension Stability Fund • Fiscal Policy KEY BUDGET CHALLENGES • Provide a balanced budget • Continue to provide core City services • Continue to meet City's pension obligations • Maintain operating reserves • Explore new revenue and cost saving opportunities is CITY COUNCIL MINUTES 24 MAY 2, 2017 1 OC -24 COMMUNITY BUDGET OUTREACH EFFORTS & PRIORITIES mrw ,wr.s Key Highlights -Conducted 13 Community Budget Outreach Meetings in various city locations -Received Community priorities key areas: Increase funding for public Safety initiatives .Increase investment in youth and recreation programs .Improve traffic and pedestrian safety rox evu.. a coxeux11 ix1 exo wcccanwe, evciae nerr. FY 17 -18 BudoeUCIP Calendar —Next Steps May t a, 2017 Review of the Fiscal Policy at the Economic Development, Infrastructure, Budget and Technology Committee May 16, 2017 City Manager's Proposed FY 17 -18 Budget Work Study Session; includes CIP, Miscellaneous Fees 8 Workforce Changes June 6, 2017 First Reading: Tentative Budget/CIP Ordinance Adoption, Miscellaneous Fees, and Personnel Resolution June 20, 2017 Second Reading: Final Budget/CIP Ordinance Adoption July 1, 2017 Start of the new Fiscal Year 21 65C. REVISED BUDGET AND FISCAL POLICY {STRATEGIC PLAN NO 4, 1d} - Finance and Management Services CITY COUNCIL MINUTES 25 MAY 2, 2017 1OC -25 Matter continued from the April 18, 2017 City Council meeting by a vote of 5 -0 (Sarmiento and Tinajero absent). MOTION: Refer matter to the Economic Development Infrastructure, Budget and Technology Council Committee for review, at the request of staff. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Benavides, Martinez, Sarmiento, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido, Solorio (2) CITY COUNCIL MEETING RECESSED AT 9:35 P.M. AND CONVENED THE HOUSING AUTHORITY MEETING; FOLLOWED BY SUCCESSOR AGENCY MEETING AT 9:36 P.M. P.M.; RECONVENED THE CITY COUNCIL MEETING AT 9:37 P.M. WITH SAME MEMBERS PRESENT. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. REVIEW ACTIONS TAKEN IN LATE 2016 AND 2017 TO ADDRESS THE HOMELESSNESS CRISIS AND PROVIDE ADDITIONAL DIRECTION TO STAFF — Councilmember Solorio The following spoke on the matter: Phil Bacerra, thanked sponsor of item; community concern and encourage the City to get in front of the matter. Councilmember Solorio, noted homelessness is a public health crisis in Santa Ana; City has made good progress; suggested exploring possible camp sites, and a homeless liaison officer; possible discussion of joint enforcement between City of Santa Ana and Sheriff Department responsibilities over Rivers and Creeks; also, possibility of a city ordinance prohibiting the insertion of homeless people from other cities. Councilmember Sarmiento, highlighted the HEART Program that is nationally recognized; thanked Mayor Pro Tern Martinez for her collaboration in establishing homeless issue. CITY COUNCIL MINUTES 26 MAY 2, 2017 1 OC -26 Councilmember Villegas, indicated that shelter at the former OCTA Bus Shelter has attracted homeless from throughout the County. Councilmember Tinajero, opined that City needs to create policies as a solution and not be reactive. Councilmember Benavides, appreciates progress; need long and short term solutions regarding shelters and collaboration with County officials. Mayor Pro Tern Martinez, supports further discussion on coordinated efforts with County of Orange, City of Anaheim, and City of Garden Grove. 85B. DIRECT STAFF TO CONSIDER UPDATES TO MEASURE BB, AND PROVIDE A WORK STUDY SESSION TO THE CITY COUNCIL TO DISCUSS CURRENT ENFORCEMENT EFFORTS AS WELL AS REVENUE GENERATING OPPORTUNITIES — Councilmember Sarmiento and Councilmember Benavides The following spoke on the matter: • Robert Oliver, spoke of alleged corruption; cited initial process; urged review of process. • Alex Vega, supports Councilmember Villegas, need to address violence in the city. Councilmember Sarmiento, thanked staff for circulated presentation that was presented at Public Safety Committee; noted that ordinance voted and approved allowed for amendments to be considered, as needed; recommendations to be vetted and brought to the City Council for consideration; requested timeline; suggested WorkStudy to consider amending ordinance. Councilmember Benavides, concurred with Councilmember Sarmiento; mentioned Proposition 64. Councilmember Tinajero, suggested council committee review and discuss draft ordinance. Councilmember Solorio, suggested that only one council committee review matter; Public Safety Committee currently reviewing; need to meet with stakeholder - address lighting, hours, etc. and draft ordinance. CITY COUNCIL MINUTES 27 MAY 2, 2017 1 OC -27 COMMENTS PUBLIC COMMENTS (Non - agendized Item) • MaryAnn Hare, Assistance League of Santa Ana member, spoke of homeless around the property on First Street; request assistance in addressing rising issue. • Peter A. Katz, acknowledged the life and accomplishments of Rene Guzman. • Irma Macias, echoed comments by Mr. Katz. • Ilya Tseglin, requested assistance in addressing custody of his son (who is Ward of the State). • Robert Tseglin, echoed comments by his father. • Faby Jacome, Deportation Defense Officer with OC Youth United, requested support against ISIS and release of 10 transgender woman in the Santa Ana Detention facility. • Jacky Quijada, spoke for transgender woman (in detention facility). • Victoria Aguilar, reiterated comments by Ms. Quijada. • Magaly Mendez, supports transgender woman; need help. • Alex Vega, reflected on personal beliefs. 90A. CITY MANAGER'S COMMENTS — None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Acknowledged the National Forensic Association; • Commented on service and many contributions of Rene Guzman, will adjourn meeting in his memory; and • Thanked staff and public. Councilmember Villegas: • Thanked staff for efforts. Councilmember Solorio: • Thanked former Acting City Manager Mouet for service and dedication to the community. Councilmember Benavides: • Highlighted life and contributions of Rene Guzman; and • Noted budget and transportation needs throughout the City. Mayor Pro Tern Martinez: • Spoke on gun violence prevention and innovation; and • Requested staff assist food trucks and produce operators with health hazards. CITY COUNCIL MINUTES 28 MAY 2, 2017 1 OC -28 MEETING ADJOURNED TO MONDAY, MAY 8, 2017 AT 12 NOON - 12:15 p.m.- The next regular meeting of the City Council is scheduled for Tuesday, May 16, 2017 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 RENE D. GUZMAN Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Fiscal Year 2017/18 City Budget Adoption • Labor Contracts CITY COUNCIL MINUTES 29 MAY 2, 2017 1 OC -29 1 OC -30 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 8, 2017 The Adjourned Regular Meeting scheduled for Monday, May 8, 2017 at 12 noon was cancelled due to lack of quorum. The next meeting is scheduled for Tuesday, May 16, 2015 at 4 p.m. for a Special Closed Session following by the Regular Open Session at 5:45 p.m. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 1OD -1 MAY 8, 2017 10 D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: SECOND READING ORDINANCE: AMENDING SANTA ANA MUNICIPAL CODE CHAPTER 2, ARTICLE IV, DIVISION 3 TO UPDATE THE CITY'S EMERGENCY SERVICES, DISASTER PREPAREDENESS AND EMERGENCY OPERATIONS REQUIRED BY THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) AND THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) TO BE ELIGIBLE TO RECEIVE STATE AND FEDERAL EMERGENCY MANAGEMENT AND HOMELAND SECURITY GRANTS AND STATE OR FEDERAL REIMBURSEMENT (STRATEGIC PLAN NO 5, 1) i CI NAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On May 2, 2017, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6 -0 (Pulido absent): ORDINANCE NO. NS -2916 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES 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 action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2916 1113-1 11 B -2 (ROH 006/17) ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE TO UPDATE THE CITY'S EMERGENCY SERVICES POLICIES AND PROCEDURES 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 Emergency Services Division (Division 3 of Article IV) was placed into the Municipal Code in 1973, with minor revisions in 1984 and 2015. The original version was developed from Cold War, civil defense concepts and procedures current at the time. B. In 1994, the State of California enacted the Standardized Emergency Management System (SEMS), a statewide emergency management system, which broadened the focus to include preparing for and responding to natural disasters. C. In 2004, the Federal Government enacted the National Incident Management System (NIMS), a nationwide emergency management system similar to SEMS, which further broadened the focus to include preparing for and responding to acts of terrorism in the aftermath of September 11th. D.. _ SEMS. and NIMS. place requirements upon the City to_incorporate.certain required elements into our emergency plans and procedures which are not articulated in the original version of this Division. The City's eligibility to receive various state and federal emergency management and homeland security grants, as well as state or federal reimbursement for disaster response costs, is dependent on adhering to these requirements. E. The Northridge Earthquake, September 11th terrorist attacks, Hurricane Katrina, and other acts of terrorism and natural disasters occurring around the country and world, have focused greater public attention and raised the expectations of the public on the ability of the City and its Emergency Services to competently and adequately manage any disasters or large - scale emergencies that occur. F. Over this time period, job titles and organizational structures within City staff have also changed, including the merger of Santa Ana Fire Department with 11 B -3 Orange County Fire Authority and transfer of the emergency management responsibility to the Santa Ana Police Department, creating a need to update the terminology and organizational responsibilities of City government in managing emergencies. G. Therefore, a comprehensive update to this Division will reflect the City's current organizational approach, authorities and responsibilities in managing emergencies, consistent with current state and federal terminology, laws and practices. H. The Request for Council Action for this ordinance dated May 2. 2017, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. The adoption of this ordinance is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 at seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or reasonably foreseeable physical change in the environment and is not a "project" as defined in Section 15378 of the California Code of Regulations. Section 3. Section -2- 400 -of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -400. Purposes. The purposes of this Division are to establish the Emergency Organization of the City of Santa Ana; to provide for coordination of the emergency functions of the City with all other public agencies, organizations, businesses and private persons; and to provide for the preparation and implementation of emergency plans and procedures; all for the protection of persons and property in the event of a large scale emergency or disaster. Section 4. Section 2 -401 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -401. Definitions. 11 B -4 For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Emergency or Local Emergency— Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City or County, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Govemor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of Emergency— Means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the State, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Govemor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency', which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of War Emergency — Means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. Emergency Services/Emergency Operations/Emergency Management — Used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused. Director or Director of Emergency Services — Means the individual having primary jurisdiction and authority over the City's response and recovery to emergencies and disasters and is authorized to act on behalf of the City. Section 5. Section 2 -402 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: 11B-5 Sec. 2 -402. Emergency Organization. A. City Organization All officers and employees of the City, together with those volunteer forces enrolled to aid them in an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of this title, charged with duties incident to the protection of persons and property in this City during such emergency, shall constitute the Emergency Organization of the City of Santa Ana. B. Disaster Service Workers Pursuant to California Government Code Sections 3100 to 3109, all public employees are declared to be Disaster Service Workers under law, and are subject to such disaster service activities as may be assigned by their superiors or by law, which may include assisting any unit of the Emergency Organization or performing any act contributing to the protection of life or property or mitigating the effects of an emergency or disaster. Private persons who register as emergency volunteers of the City are also deemed Disaster Service Workers of the City. The Santa Ana Police Department and Santa Ana Personnel Department shall develop policies and procedures for the registration, training and standards for employee and volunteer Disaster Service Workers. C. Director of Emergency Services Director, Deputy Director and Line of Succession There is hereby created the position of Director of Emergency Services, who shall have full authority over the operations and resources of the City during a proclaimed emergency, and this position shall be filled by the City Manager. There is also created the position of Deputy Director of Emergency Services, which shall be filled by the Chief of Police. In the absence or the inability to act of the City Manager, he /she shall automatically be succeeded as Director of Emergency Services by the following officials in the order named: 1. Deputy Director of Emergency Services /Chief of Police 2. Deputy City Manager 3. Director of Public Works 4. Director of Finance and Management Services 5. Director of Planning and Building Additionally, the City Manager may designate a specific official to act as Director of Emergency Services based upon the circumstances of a specific emergency event. An official designated as Director may appoint a subordinate with command or management 11 B -6 authority to act as Director to accommodate schedule conflicts, shift relief or other required absence. 2. Director of Emergency Services — Powers and Duties The Director of Emergency Services is empowered to: In accordance with the provisions of Section 2 -404A of this Division, request the City Council to proclaim the existence or threatened existence of a Local Emergency, if the City Council is in session; or to issue such proclamation if the City Council is not in session, 2. Request the Governor to proclaim a State of Emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (The County of Orange is also empowered to make this request on behalf of the county as a whole, and commonly does so), 3. Control and direct the efforts of the Emergency Organization of the City for the accomplishment of the purposes of this Division, 4. Direct cooperation between, and coordination of, the services and staff of the Emergency Organization of the City, and to resolve questions of authority and responsibility that may arise among them, 5. In the event of the proclamation of a Local Emergency as provided herein, or the proclamation of a State of Emergency by the Governor or the Director of the Governor's Office of Emergency Services, or the existence of a State of War Emergency, the Director is hereby empowered to: a. Make and issue rules, regulations, orders or directives on matters reasonably necessary to the protection of life and property as affected by such emergency; or to suspend rules, regulations, orders or directives- - provided such vales and- regulations or-- suspensions -are confirmed by the City Council at the earliest practicable time, b. Requisition necessary personnel or material of any City department or agency, C. Obtain vital supplies, equipment or other such properties found lacking and needed for the protection of life and property and to obligate the City for the fair value thereof and, if required immediately, to commandeer the same for public use, d. Require emergency service of any City officer or employee, and to command the aid of the citizens of this community, 11 B -7 Execute all of the ordinary powers and duties as City Manager, all special powers and duties conferred upon the City Manager by this Division and by the Emergency Operations Plan adopted pursuant hereto, all powers and duties conferred upon him/her by any statute, agreement or other lawful authority, and in conformity with Section 38791 of the California Government Code, to exercise complete authority over the City and to exercise all police powers vested in the City by the Constitution and general laws. 3. Deputy Director of Emergency Services — Powers and Duties The Deputy Director of Emergency Services /Chief of Police is empowered, under the supervision of the Director, to: Represent the City in all dealings with public and private agencies on matters pertaining to any emergency as defined by this Division, 2. Develop the emergency plans and manage the emergency programs of this City, 3. Appoint and oversee an Emergency Operations Coordinator in accordance with, and to further execute, the provisions of this Division, 4. Carry out any other powers or duties as may be assigned by the Director. D. City Council — Powers and Duties The Santa Ana City Council is empowered to: Enact such ordinances, resolutions or rules as may be necessary to prevent, prepare for, mitigate, respond to or recover from actual or foreseeable emergencies -or disasters; 2. In accordance with the provisions of Section 2 -404A of this Division, proclaim the existence or threatened existence of a Local Emergency, if in session; or to ratify such proclamation made by the Director if not in session, 3. During a Local Emergency, pursuant to Section 415 of Article IV of the Municipal Code, City Council may enact emergency ordinances on matters reasonably necessary to the protection of life and property as affected by such emergency. City Council may review rules, regulations, orders or directives or suspensions thereof issued by the Director pursuant to Sub - Section C -2 of this Section. 11 B -8 E. Emergency Operations Coordinator There is created the position of Emergency Operations Coordinator, which shall reside in the Santa Ana Police Department under the supervision of the Deputy Director of Emergency Services /Chief of Police or his /her designee. The Emergency Operations Coordinator shall: 1. Coordinate all City activities related to emergency preparedness, prevention, mitigation, response and recovery; 2. Facilitate emergency and disaster planning for the City, encompassing governmental entities and resources, commercial and industrial resources, and private or non - governmental organizations necessary to support disaster operations; 3. Prepare and maintain the Emergency Operations Plan for the City, and facilitate with City Departments the preparation and maintenance of Standard Operating Procedures and guidelines necessary to support disaster operations; 4. Prepare and maintain City supplies and facilities that support disaster operations; Develop and coordinate emergency training and exercise programs as may be required for City staff, and an emergency preparedness community education program; Coordinate emergency planning and interagency coordination with other local, state and federal agencies and with private or other disaster relief organizations; and serve as the City's representative member of regional emergency planning and interagency coordination committees and planning groups; 7. Recommend to the Director of Emergency Services for referral to the City Council matters of policy related to disaster planning or preparedness; 8. Recommend to the Director of Emergency Services for referral to the Emergency Operations Advisory Board matters for consideration within the purview of their responsibilities. F. Emergency Operations Advisory Board 1. Emergency Operations Advisory Board Members The City of Santa Ana Emergency Operations Advisory Board shall be composed of: Director of Emergency Services /City Manager, who shall be Chair, 11 B -9 2. Deputy Director of Emergency Services /Chief of Police, who shall be Vice Chair, 3. Executive Managers named in the Director of Emergency Services line of succession in Section CA: a. Deputy City Manager, b. Director of Public Works, C. Director of Finance and Management, d. Director of Planning and Building, 4. Orange County Fire Authority Division 6 Chief, 5. City Attorney, who shall serve as legal advisor to the Emergency Operations Advisory Board, 6. City Clerk, who shall serve as Secretary to the Emergency Operations Advisory Board, 7. Any other Department Directors or Staff requested by the Director of Emergency Services, and 8. Emergency Operations Coordinator, to serve as staff to the Emergency Operations Advisory Board. 2. Emergency Operations Advisory Board — Powers and Duties It shall be the responsibility of the Santa Ana Emergency Operations Advisory Board, and it is empowered to, review and recommend for adoption by the City Council emergency plans, policies and agreements, and such ordinances, resolutions, rules and regulations as may be necessary to implement such plans and agreements; to oversee -the planning -and preparedness activities of all City Departments; to oversee the training of all City staff and employees; and to oversee the training and activities of volunteer programs of the City related to disaster roles and functions. The Emergency Operations Advisory Board as a body serves in a pre- disaster planning and preparedness role and as such body may not have a direct role in disaster response or recovery activities. 3. Emergency Operations Advisory Board Meetings The Emergency Operations Advisory Board shall meet quarterly; and additionally as necessary upon the call of the Chair, or in his /her absence from the City or inability, upon call of the Vice - Chair. s 11B-10 G. Emergency Operations Committee The Emergency Operations Committee is created as a standing and working sub- committee to the Santa Ana Emergency Operations Advisory Board. The Emergency Operations Committee is composed of the Emergency Operations Coordinator, who shall be Chair, and managers or management staff from each City Department appointed by the Department Director and who shall be able to speak on behalf of their Department. The Emergency Operations Committee will provide operational direction for implementation of programs and activities established by the Emergency Operations Advisory Board, develop and maintain City emergency plans and procedures, coordinate training and exercise programs for each City Department and for the City as a whole, and shall constitute a core of Emergency Operations Center staff. The Emergency Operations Committee shall meet monthly and additionally at the direction of the Emergency Operations Advisory Board or upon call of the Emergency Operations Coordinator. H. Adoption of Collaborative Systems and Standards The City of Santa Ana recognizes that a large -scale emergency or disaster may have the potential to overwhelm the commonly available resources and capabilities of the City and may require the combined response of numerous agencies, jurisdictions and levels of government. Therefore, the City participates in the Orange County Operational Area response and recovery organization as provided by California Emergency Services Act Section 8605 and is a signatory to the Orange County Operational Area Agreement. The City adopts the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS) as a basis for emergency plans and response. The framework of these systems includes use of the Incident Command System (ICS), multi- agency and interagency coordination, participation in the Master Mutual Aid Agreement and Systems of the State of California, and the Operational Area concept. The City of Santa Ana will comply with the provisions of the California Emergency Services Act. Section 6. Section 2 -403 of Chapter 2 of the Santa Ana Municipal Code is hereby added to read as follows: Sec. 2 -403. Emergency Operations Plan. The Emergency Operations Committee shall be responsible for the development and maintenance of the City of Santa Ana Emergency Operations Plan (EOP) and related annexes or manuals. The EOP shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a local emergency, and shall provide forthe organization, duties and functions, and procedures and capabilities of the City's response to the emergency. Each City Department will supplement the EOP with those Standard Operating Procedures necessary to fulfill their role in an emergency under the EOP. 11B -11 The EOP shall comply with the principles of the Orange County Operational Area Agreement, the California Standardized Emergency Management System (SEMS) and the federal National Incident Management System (NIMS). The Emergency Operations Advisory Board shall be responsible to review and recommend adoption of the EOP to City Council, and to implement the requirements of the Plan once adopted. City Council shall review and adopt the Plan by resolution as a policy of the City. Once adopted, the Plan shall be mandatory upon City departments and agencies, employees and registered volunteer emergency workers and shall have the effect of law whenever an emergency has been proclaimed as provided in this Division. Section 7. Section 2 -404 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2-404. Emergency Proclamations and Measures. A. Proclamations of Local Emergency A Local Emergency, as defined by Section 2 -401 of this Division and by California Emergency Services Act Section 8558(c), may be proclaimed upon conditions of disaster or extreme peril, existing or imminently likely, so as to threaten lives and property, and by reason of its magnitude is or is likely to be beyond the control of the available services, personnel, equipment and facilities of the City. The Director of Emergency Services may request the City Council to proclaim the existence of a Local Emergency, if the City Council is in session, or may issue such proclamation if the City Council is not in session. Such proclamation must be made within 10 days of the occurrence of the disaster or emergency. Whenever a Local Emergency is proclaimed by the Director, the City Council must, within seven days from the date of the original proclamation by the Director, approve a resolution ratifying the proclamation, or allow the proclamation to expire. City Council shall review the need for continuing the Local Emergency at least once every 30 days and shall terminate the emergency or allow it to expire at the earliest possible date that conditions warrant. During a Local Emergency, the City Council or the Director of Emergency Services may promulgate ordinances, orders or regulations necessary to provide for the protection of life and property, including orders or regulations imposing a curfew within designated boundaries where necessary to preserve the public order and safety. Such orders and regulations and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and notice. The City Council shall proclaim the termination of the Local Emergency at the earliest possible date that conditions warrant. Upon termination of the Local Emergency, any such rules, regulations, orders and directives or suspensions thereof prepared under the Proclamation of Local Emergency shall terminate and have no further force or effect. 10 11B-12 B. Initial Emergency Measures All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision by the City Council not to issue such proclamation, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Ana and shall be legal and binding on the City of Santa Ana. The Director of Emergency Services shall be immune from any form of liability for all emergency measures taken pursuant to an official proclamation of emergency made by the Director prior to a decision by the City Council, even if the City Council later decides not to ratify the Director's proclamation of emergency. C. Emergency Expenditures Any expenditure made in connection with emergency activities under this Division, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Ana. The Director of Emergency Services, during a proclaimed emergency, shall have the authority to approve contracts and waive normal purchasing requirements as necessary to support the emergency response under this Division and to protect the life and property of the residents of the City. The Director shall have the authority to enter contracts or make purchases for any supplies, materials, equipment or services when any such item is immediately necessary for the continued operation of City government, for the preservation of life or property, or when such purchase is required for the health, safety and welfare of the people, provided there is a present, immediate and existing emergency. The Finance Director shall maintain a detailed accounting of all expenditures made under this provision and shall submit upon termination of the emergency, a detailed report to the City Manager, who in turn shall provide the report to the City Council. Section 8. Section 2 -405 of Chapter 2 of the Santa Ana Municipal Code is amended to read in -full as follows: Sec. 2 -405. Continuity of Government. Disasters or large -scale emergencies may result in conditions causing the absence or unavailability of officers or officials of the City. The preservation and continued functioning of local government is of utmost concern in these circumstances. The City of Santa Ana will take these minimum precautions to provide for the continuance of essential government services during times of emergencies: A. City Council If, during a Local Emergency, State of Emergency or State of War Emergency that has been proclaimed or exists under the provisions of the Emergency Services Act, it has been determined that a majority of the City Council seats have become temporarily or I 11B-13 permanently vacant and a regular quorum no longer exists, the powers and authority of the City Council, except for those duties prescribed to the City Council in Article IV, section 403 of the City Charter, shall vest with the Director of Emergency Services until a quorum of the regularly elected City Council Members is present, or until a sufficient number of vacancies that are determined to be permanent are filled under the provisions of Article IV, Section 403 of the City Charter. B. Executive Management Lines of Succession For the purposes of this Division, Department Directors shall appoint a three -deep order of succession of appropriate subordinate management staff to succeed to their position in the event that official is unavailable or unable to serve. The person who succeeds to each office under this provision shall assume all the powers and duties of the office succeeded to immediately upon such succession. The succeeding person shall serve until the appointing official resumes his or her office or until a permanent successor is appointed under the applicable provisions of the City Charter or Municipal Code. Section 9. Section 2 -406 of Chapter 2 of the Santa Ana Municipal Code is amended to read in full as follows: Sec. 2 -406. Enforcement. It shall be a misdemeanor for any person, during a proclaimed emergency, to: a. Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Division, or in the performance of any duty imposed upon him/her by this Division, b. Engage in any act forbidden by any lawful rule or regulation issued pursuant to this Division, if such act is of such a nature as to give, or be likely to give, assistance to an enemy, or to imperil the lives or property of inhabitants of this City, or to prevent, hinder or delay the defense or protection thereof, C. Wear, carry or display, without authority, any means of identification specified by the Office of Emergency Services of the State of California or by the City of Santa Ana. Section 10. Section 2-407 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 2 -407. Reserved. 12 11B-14 Section 11. Section 2 -408 of the Santa Ana Municipal Code is hereby deleted in its entirety: Sec. 2 -408. Reserved. Section 12. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Sonia R,2prvalpo, City Attorney 2017 Miguel A. Pulido Mayor - -,• - — - - - -- - - Ryan . dge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 13 11B -15 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 14 11B-16 CITY OF SANTA ANA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COUNCIL COMMITTEE MEETING CANCELLATION NOTICE The regularly scheduled City Council Committee meeting scheduled for Monday, May 8, 2017 at 5:00 p.m. has been cancelled. The rescheduled date is Monday, May 15, 2017. DIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at / (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 26 CFR 35.102] Miguel A Pulido Motdle Madlnez Monde Sandento Jose Solaro P. [)avid aenavides Juan Yllegas Sal Tnalaro Mayor Mayor Pro Tam, Ward 2 Ward Wad, Wad Ward Word mpulidcfulosanta -anamn mimardnezt ) sano- angora vsarmiento(asanla- ana.oro 'solonoPsanta-anaom dbenavides(dsantaana.ora 'Aleaas(dsantaanaorn stna'eroAsanta- anaxna City Hall, 20 Civic Center Plaza . P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714 -647 -6900 . Ageidjtg Infries: 714. 647-6520 • Website: www.santa- ana.ora 13C -2 CITY OF SANTA ANA 0 COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT March 14, 2017 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Solorio, Tinajero, Villegas Staff: Police Chief, OCFA Division Chief, Sr. Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Elect Chair and Vice Chair 2. Review By -Laws (direct staff to make changes as needed) 3. Review and Approve Proposed Meeting Schedule for this Committee 4. Approval of Minutes of the 11 -22 -16 Meeting 5. Police Officer Hiring and Review Hiring Process (Update) — Deputy Chief Schnabl and Police Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 1 i }. aIf you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at / (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for l� accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, i Michele Martinez, I Vicente Saenienlo, I Jose Solorio, i P. David Benavides, i Juan villages, I Sal Tinajero, Mayor I Mayor Pro Tem, I Ward 1 I Ward 3 I Ward 4 I Ward 5 ! Ward 6 MPOmo�sante -a I Ward2 i Vearmlai,o(dsamaenxo,o I Jsob,bflsnrxe -ana om I oaeaaatlesr -samxw I Noe�esl� :amz- aaa.om i sTnalcof3vama.ana om I MA4 ninez2„ de 2s n.om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item in fries: 714- 647 -6520 • Website: www.santa- ana.orq 21 6. Homelessness Crisis (Discuss possible recommendations regarding public safety and public health issues) — Deputy Chief Valentin and Commander Ibarra {Strategic Plan Goal No. 5, 3d }. 7. Police Officer Body Cameras (Project Update regarding the implementation timeline) — Sergeant Michael Gonzalez {Strategic Plan Goal No.1, 1f and 3b }. 8. Integrated Software (Vendor: Tri Tech) — Deputy Chief Jim Schnabl and Police Systems Manager Boris Duran {Strategic Plan Goal No. 1, 2a }. 9. Update and Possible Options Regarding Implementation of Measure BB — Deputy City Manager Robert Cortez {Strategic Plan Goal No. 1, 1c }. 10. Implementation of State Second Dwelling Unit Ordinance — Action: Request direction on whether to continue to implement state ordinance or adopt city standards — Hassan Haghani / Candida Neal {Strategic Plan No. 5, 3 }. COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS — Patrol Staffing Schedules and Their Impacts on Patrol Officer Coverage and Staffing Costs (Discuss 3/12, 4/10, 518 and hybrid models) - Deputy Chief Valentin and Commander Gominsky {Strategic Plan Goal No. 1, 1f}. ADJOURNMENT — The Public Safety, Code Enforcement and Neighborhood Empowerment Council Committee meeting schedule to be determined during the Council Committee meeting on March 14, 2017. The complete Strategic Plan document is available at http: / /www.santa- ana.org /strategic- planning /. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for 1l�11v] accessibility to this meeting. (Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, I Michele Martinez, I Vicente Sanniento, i Jose Selene, i P. David Benavides, i Juan Villages, Sal Tinajero, Mayor I Mayor Pro Tern, I Ward 1 I Ward 3 I Ward 4 Ward 5 ! Ward 6 Mvmuor�eemo.o^ Ward 2 vsem,�,oraeomo -oreom I dson,arasao�an , oa000�deeroisomo --n dvoime :UUSeme -e i srnaie,wwsonw -goo om MManineXdfsanlewne om I I I I City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714 -647 -6900 . Agenda Item Inquiries: 714 -647 -6520 . Website: www.santa- ana.ora 13C -4 TELECONFERENCE INFORMATION: Councilmember Solorio will participate in the meeting via telephone conference call from Casa Munras Garden Hotel & Spa, 700 Munas Ave., Monterey, CA 93940. The Agenda will be posted at the teleconference location and meeting will be conducted in a manner that protects the rights of any party or member of the public appearing before the legislative body. CITY OF SANTA ANA COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY, CODE ENFORCEMENT AND NEIGHBORHOOD EMPOWERMENT May 9, 2017 5:30 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Solorio, Villegas, Tinajero Staff: Police Chief, OCFA Division Chief, Sr. Assistant City Attorney Recording Secretary: Eileen Greene PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Adopt Items No. 1, 2 and 3 as Proposed Approval of Minutes of the 11 -22 -16 Meeting 2. Approval of Minutes of the 03 -14 -17 Meeting 3. Revised By -Laws to reflect Committee Name and Location of Meeting 4. Update and Recommended Changes to Measure BB — Candida Neal, Planning Manager, Planning & Building Agency {Strategic Plan Goal No.1, 1c} 5. Homelessness Crisis (Discuss possible recommendations regarding public safety and public health issues) — Deputy Chief Valentin and Commander Ibarra [Strategic Plan Goal No. 5, 3d} If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting dale, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, I Michele Martinez, I Vicente Sannienlo, i Jose Solodo, I P. David Benavides, I Juan Villegas, r Sal Tinajero, Mayor Mayor Pro Tem, Ward 1 Ward 3 I Ward 4 Ward 5 Ward 6 Mwrm�semn.nn Ward DR— Adr30san,- ara.�n .ry a�asrms.,man,w i sr',a'em�aemo -e MMarline wnyam om City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714 - 647 -6900 • AgelPSI iiicBries: 714- 647 -6520 • Webstte: www.santa- ana.orq 21 6. Police Officer Hiring and Presentation of New Marketing Proposals (Update) — Acting Chief Schnab[ and Manager Carroll {Strategic Plan Goa[ No. 1, 1i) Patrol Staffing Schedules and Their Impacts on Patrol Officer Coverage and Staffing Costs (Discuss 3/12, 4/10, 5/8 and hybrid models) - Deputy Chief Valentin and Cmdr. Ken Gominsky (Strategic Plan Goal No. 1, 1f) 8. Graffiti Removal Program (Update and Discussion) — Pedro Guillen, Maintenance Services Manager, Public Works Agency and Sgt. Fidencio Zepeda {Strategic Plan Goal No. 1, 1f) 9. Santa Ana Police Department Website (Discuss what information should be included, i.e., crime statistics, etc.) — Acting Chief Schnab] and Chief TIO Jack Ciulla {Strategic Plan Goal No. 1, 2b) 10. Strategies to Prevent Use of Illegal Fireworks — Cmdr. Ken Gominsky {Strategic Plan Goa[ No. 1, 2d) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS Update and Possible Options Regarding Implementation of Measure BB Police Officer Hiring Update ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, July 11, at 5:30 PM at the City Hall Ross Annex, Room 1600, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http: / /www.santa- ana.org /strategic - planning /. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulldo, Michele Martinez, 1 Vicente Sanniento, Jose Solaro, I P. David Benavides, I Juan Villegas, Sal Tinalero, Mayor I Mayor Pro Tern, 1 Ward 1 1 Ward 3 1 Ward 4 1 Ward 5 Ward 6 MP�neofta unu- ana.ora Ward vsa,mimiowsama- ena.o,o �soiomlasama.ana om I osenamaesrmaran�o -o„a o,o '• .IVnimosrmsama- ena.om '; sTOaie,orasooM -anaom , MMaaine�dsan�aena om , , , City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor 8 Council Telephone: 714- 647 -6900 . Agef3c:16iries: 714- 647 -6520 . Website: www.santa- ana.ore CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT MINUTES CALL TO ORDER: ATTENDANCE: STAFF PRESENT: PUBLIC SPEAKERS: PUBLIC COMMENTS November 22, 2016 Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:45 PM Council Committee members: David Benavides Sal Tinajero David Cavazos, CMO Carlos Rojas, PD Dave Anderson, OCFA Tamara Bogosian, CAO Sandra Schwarzmann, CAO Sergio Vidal, FMSA Jose Gonzalez, PD Michael Gonzalez, PD Robert Carroll, PD Julie Castro - Cardenas, CMO Jorge Garcia, CMO Eileen F. Greene, Recording Secretary Chris Schmidt Connie Hamilton Ryan Smolar Chris Schmidt, resident Windsor Neighborhood Association, comments on several items including the contract with Chapman University regarding Community Oriented Policing, approval for hiring a Community Affairs officer for the office in City Hall, and creating a bronze 13C -7 bust in retired Community Affairs Officer Jose Vargas' image. He would like to get it installed in the police station during national COP week in late 2017. Connie Hamilton, resident Southcoast Neighborhood Association, comments positively on the customer service survey. She was happy progress is being made to hire additional officers and feels that the customer service survey will assist in transparency. Ryan Smolar, works for Downtown, Inc., commented on item No. 2, the surplus budget allocation. Mr. Smolar is grateful for police presence and the partnership established between business owners and police in the Downtown area. Mr. Smolar wants to advocate for more business districts throughout the city. Downtown, Inc. will provide support and the City of Long Beach would provide technical support. There were two e- comments received: 1) Angie Blas' comment was reference Item #2, Surplus Budget. Ms. Blas said she believes that this item also pertains to neighborhood improvement and that the community needs to be involved. 2) A letter from the POA President addressing Item #3, alternative patrol schedules. AGENDAITEMS 1. Approval of Minutes of 9 -27 -16 Meeting Motion: Approve the Minutes of 9 -27 -16 meeting. MOTION: Tinajero SECOND: Benavides VOTE: AYES: Benavides, Tinajero NOES: None (0) Motion carries. 2. F/Y 16/17 Budgeted Surplus Allocation (Discussion regarding the distribution of surplus funds) — Sergio Vidal, Asst. Executive Director, Finance and Management Services Agency {Strategic Plan Goal No. 4, 3b and 3c} Sergio Vidal, Asst. Executive Director, FMSA, reported on the City's proposed surplus allocation plan for F/Y 15 -16 which includes disbursement of $9.1M. Asst. Director Vidal pointed out which programs were approved at the City Council meeting on 9 -20 -16 and 13C -8 explained the amount of funds going to other programs in the future. One final item, allocation of funds to Public Safety will be determined at the 12/20/16 City Council Meeting. RECOMMENDED ACTION: Chairman Benavides directs staff to compose a report addressing allocation of surplus funds with the full spectrum of ideas to be presented to the full Council at the December 20th City Council meeting. He had the following recommendations for investment of such funds: ➢ capital improvement projects such as parks or a skate parks, ➢ crime prevention and intervention programs, referring to the PAAL program and other after - school education programs, ➢ Committee has entered into discussions with the SAUSD about piloting joint use programs. 3. Patrol Scheduting/Staffmg (Alternative schedules to maximize patrol staffing.) — Chief Carlos Rojas {Strategic Plan Goal No. 1, if } Chief Rojas briefs the committee members on research done on alternative patrol schedules as was requested at the last Public Safety Meeting. He provides a report based on sample patrol schedules from the COPS office. Four sample schedules are provided with features for each one. These schedules would be subject to negotiations with the POA. Time off is not included; this is strictly informational. Chief Rojas reports that he has authorized overtime to staff adequately. RECOMMENDED ACTION: City Manager will have the patrol scheduling/staffing report put on the December 20a' City Council Agenda as a Receive and File item. 4. Police Officer Hiring (Update on recruitment and hiring of police officers.) — Deputy Chief James Schnabl {Strategic Plan Goal No. 1, lil Deputy Chief Schnabl furnished the number of police officer hires and separations for the past three years. He cites the number of officers currently in the Police Academy and the FTO Program. Deputy Chief Schnabl reported on recent process improvements which increased efficiency in many areas allowing the Department to streamline and expedite the hiring process. He reviewed the Sensis Marketing Agreement which was approved by the City Council. 5. Customer Service Survey Options (Innovation and efficiency to improve customer service.) — Commander Jose Gonzalez (Strategic Plan Goal No. 1, 1 and Goal 7, 1) 13C -9 Commander Gonzalez mentioned the mission and vision statements of the Police Department which are to provide professional services to the community. In order to measure how the Department is doing regarding service to the public, a customer service survey is being considered. He advised that the Department received over 10,000 calls for service a month. The survey would send out random surveys, focusing on those individuals reporting quality of life issues. Information received would be evaluated with a projected start date of January, 2017. 6. Police Officer Body Cameras (Project update regarding the implementation timeline.) — Sergeant Michael Gonzalez {Strategic Plan Goal No. 1, if and 3b} Sergeant Mike Gonzalez provides an update on the body worn program. After a brief overview, he reviews the testing process. Reports that Taser has been the vendor selected and, once the contract is approved, training will begin in January. Patrol and traffic will be the priority and the training is done incrementally. COMMITTEE MEMBER COMMENTS Committee member Tinajero stated that the issue of patrol scheduling continues to be of concern as City Council members are receiving information from the POA President that the Department is operating below minimum staffing levels. He requested this be on the negotiating table during the next cycle. Benavides requested the report be brought to the full council members. Committee members continue to be supportive of the police recruit hiring and are excited about creating a customer service survey in order to begin a dialog and exchange ideas with community residents and business operators. Chairman Benavides remarked that across the board, he saw the Police Department creating efficiencies and doing things in a more expedited manner. Committee members believe the implementation of the police body worn cameras will elevate the feeling of trust between the community and police; Chairman Benavides requested that information is disseminated to the public once the program is in place. ADSOURNMENT — 6:48 P. C LOS ROJAS Chief of Police 13C -10 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON PUBLIC SAFETY, CODE ENFORCEMENT & NEIGHBORHOOD EMPOWERMENT MINUTES CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: March 14, 2017 Ross Annex, Room 1600 City Hall, 20 Civic Center Drive Santa Ana, California 5:30 PM Council Committee members: Jose Solorio Juan Villegas Sal Tinajero STAFF PRESENT: Gerardo Monet, CMO Carlos Rojas, PD Dave Anderson, OCFA Tamara Bogosian, CAO Robert Cortez, CMO James Schnabl, PD Yessenia Aspeitia, PD Eileen F. Greene, Recon David Valentin, PD Ruben Ibarra, PD Michael Gonzalez, PD Robert Carroll, PD Hassan Haghani, PBA Candida Neal, PBA ling Secretary PUBLIC SPEAKERS: Chris Schmidt, resident, Windsor Neighborhood Assoc. Peter Katz, President, Com -Link Ed Murashe, resident Melahat Rafiei, Principal, Progressive Solutions Consulting Mike Tardiff, resident Susan Vanderoos, resident, Washington Square Neighborhood PUBLIC COMMENTS Chris Schmidt, resident Windsor Neighborhood Association, happy the name of Committee has changed to focus on neighborhoods. Mr. Schmidt remarked that the quality of life has gone down in his neighborhood due to parking issues and other activities. His neighborhood is not zoned for 13C -11 commercial activity. Mr. Schmidt suggests having Code Enforcement officers working on alternate weekends. A public comment on Item 3 (Proposed Meeting Schedule) was made by unknown resident who questioned having only four meetings a year. Chairman Solorio and Vice Chairman Villegas both stated that special meetings would be considered throughout the year, depending on items raised. Peter Katz, President of Com -Link comments on Item 6, Homelessness. He is continually getting complaints from all 64 homeowner associations regarding the public safety in this city. The civic center, the riverbed, the Downtown businesses and neighborhoods are all being affected; property values going down. Asking this Committee to request County Supervisor Do and Homeless Czar Susan Price come to City Council because they need to be held accountable. Ed Murashe, Floral Park Association, comments on Item 9 (Measure BB). He brings up three issues: homeless issue in the creek bed, traffic issues, and the dispensaries. He would like to see the fine raised for businesses being a public nuisance so it targets the dispensaries. Floral Park is having their home tour coming up on March 29 -30th. Melahat Rafiei representative of the Santa Ana Cannabis Association, makes a public comment on Item 9 (Measure BB). Her Association represents the permitted dispensaries in the city. They want to continue working with law enforcement and the City to abide by the law and regulations of the ordinance. They are asking for some operational changes to the ordinance. She is very pleased that there is open communication with City staff and City leaders and policymakers on this issue. Mike Tardiff, resident, comments on Item 10 (Second Dwelling Ordinance). He would like the City to have its own ordinance rather than going by State law as it pertains to granny flats. Santa Ana needs to develop a more restrictive ordinance than the State. New updated State law provides for wiggle room for cities to formulate an ordinance to fit their individual needs. Peter Katz, President of Com -Link, comments on Item 10 (Second Dwelling Ordinance). Mr. Katz supports an additional City ordinance because Santa Ana is a very dense city, parking is already an issue, and the State law would cause problems between neighbors. A parking commission could administratively deal with parking issues and suggested a slumlord task force. Public Comment by Susan Vanderoos, resident, Washington Square neighborhood, addresses item No. 10. The ordinance allows for some response by the City. She questions protection for Santa Ana citizens and is concerned because granny flat can go up to 1200 sq. feet in someone's backyard. Property values have gone down. 13C -12 AGENDA ITEMS 1. Elect Chair and Vice Chair First Motion: Elect Juan Villegas as Committee Vice Chair. MOTION: Solorio SECOND: Villegas VOTE: AYES: Villegas, Solorio NOES: None (0) ABSENT: Tinajero Motion carries. Second Motion: Elect Jose Solorio as Committee Chair. MOTION: Villegas SECOND: Solorio VOTE: AYES: Solorio, Villegas NOES: None (0) ABSENT: Tinajero Motion carries. 2. Review By -Laws A discussion of the committee by -laws was held. Chairman Solorio states that the City Council modified the name of the Committee and City Attorney Bogosian asked for a revision on Article V, Section A to reflect the meeting place. Changes will be made by the City Attorney's Office. A motion is made to approve the By -Laws with the changes suggested. MOTION: VOTE: Solorio AYES: NOES: ABSENT: Motion carries. SECOND: Villegas Solorio, Villegas None (0) Tinajero 13C -13 3. Review and Approve Proposed Meeting Schedule for this Committee Chief Rojas provides two options for the meeting schedule for this Committee: Option 1 would fall on the 2nd Tuesday of every other month; Option 2 would fall on the 4`h Tuesday of every other month. The meetings proposed were for the remainder of calendar year 2017 and did not include tonight's meeting. A motion is made to approve Option No. 1. MOTION: Solorio SECOND: Villegas VOTE: AYES: Solorio, Villegas NOES: None (0) ABSENT: Tinajero Motion carries. 4. Approval of Minutes of the 11 -22 -16 Meeting Chairman Solorio postpones this item until the next meeting when Committee member Tinajero returns. 5. Police Officer Hiring and Review Hiring Process (Update) — Deputy Chief Schnabl and Police Admin. Manager Robert Carroll [Strategic Plan Goal No. 1, 11 Police Admin. Manager Robert Carroll briefed the Committee with a power point presentation updating police officer recruitment and reviewing the hiring process. Information on vacancies, sworn positions added since FY 2014/15, and officers hired/separated from 2014 -2016 was provided. Manager Carroll discussed the Sensis marketing campaign which was approved by the City Council in June, 2016, and will launch in March, 2017. ACTION: Chairman Solorio: Acting City Manager Mouet, Police Chief Rojas, and the Sensis marketing firm develop a goal for how many individuals the Police Department wants to hire this year. Although the goal with Sensis was 65 from April, 2017 to April, 2018, convert that into a calendar year goal. Also determine how many officers will be retiring after 50 so forecasting between hiring and separations can be done. 13C -14 b. Homelessness Crisis (Discuss possible recommendations regarding pAbiic saf�ty';and public health issues.) — Deputy Chief Valentin and Commander Ibarra {Strategic Plan Goal No. 5,3d) Commander Ruben Ibarra directed attention to the homelessness crisis and how it affects visitors, businesses, community, homeless, and anyone in the city of Santa Ana. He discussed the safe sleep program at the Courtyard and the H.E.A.R.T. Program (Homeless Evaluation Assessment Response Team) which continues to focus on providing services and resources to the homeless population, with an emphasis on mental health training. The Police Department works with Public Works and Community Development agencies on clean -up. ACTION: Vice Chair Villegas: Staff provide to this Committee information on how many sex offenders are living in the Civic Center. ACTION: Chairman Solorio: City has declared this a public health crisis and some specific recommendations came out of that declaration. Chairman Solorio would like to see a combination of this presentation and these comments combined with the recommendations and the outcomes from that initial hearing at the Council level. Bring this issue back to a City Council meeting to report back on the progress being made as well as to take additional comments and recommendations. Staff figure out how to allocate the $300,000 be expended this fiscal year to address the homeless crisis. Chairman Solorio: when the homelessness issue is brought back to City Council, invite Supervisor Andrew Do and Homeless Czar Susan Price, and the Orange County Employees' Association. Chairman Solorio: want more information and open data shared on the Police Department's website. Police Department staff work with IT to move forward with these initiatives. 13C -15 Chairman Solorio directs Acting City Manager Monet to set up a follow -up meeting with the City Attorney, the Police Chief, Councilmember Villegas and himself to set up some legal angles to minimize the homelessness issue. Vice Chair Villegas: requests that Staff provide how many calls for service at the Courtyard and who responds. He wants it on record that Mayor Pulido was right when he said that he didn't want to create the service center in that location because it would bring a lot of people from outside. Chairman Solorio: before the next Committee meeting, he wants to coordinate with Acting City Manager Monet to see when we might have a presentation to the full Council on the overall status of prior recommendations, thoughts and ideas that came out of this meeting. (Item 9 was taken out of order.) 9. Update and Possible Options Regarding Implementation of Measure BB — Deputy City Manager Robert Cortez (Strategic Plan Goal No. 1, 1 c) Deputy City Manager Robert Cortez delivered a power point presentation regarding a Measure BB update and options going forward for the City. Manager Cortez briefs the Committee on the history of Measure BB, when it received voter approval which made Santa Ana the first city in Orange County to implement a medical marijuana program. A lottery was conducted and allows 20 permitted dispensaries. City Council approved a Medical Marijuana Task Force for enforcement efforts. Manager Cortez explained adjustments that are being considered to the Measure BB Ordinance, as well as options that require policy level consideration. Manager Cortez provided highlights of industry priorities. ACTION: Chairman Solorio requests that this item be put on the Agenda on a regular basis. Encourage regular scheduling and participating in the roundtable discussion with industry members to work closely with stakeholders. Vice Chair Villegas: have staff look into hiring more code enforcement officers. Villegas wants it on the record, look into hiring more full time people to work on these dispensaries. Agrees that there is a medical need, but the City needs to be responsible. 13C -16 7. Police Officer Body Cameras (Project update regarding the implementation timeline.) — Sergeant Michael Gonzalez (Strategic Plan Goal No. 1, if and 3b) Sergeant Mike Gonzalez provides an update on the body worn camera program. Sgt. Gonzalez briefly touches on the RFP process, the vendor who has been chosen, and a pilot program initiated in the Fall of 2016. He explains the Body Worn Camera plan of action and milestones as it pertains to the training and implementation timeline. In addition, Sgt. Gonzalez provides video footage of a body camera used by officers in Civic Center, and by gang detectives during a vehicle search. 8. Integrated Software (Vendor: Tri Tech) — Deputy Chief Jim Schnabl and Police Systems Manager Boris Duran (Strategic Plan Goal No. 1, 2a) Deputy Chief Schnabl reviews a presentation given to the Public Safety Committee several years ago which outlined problems the Police Department was facing regarding future growth and use of technology. Deputy Chief Schnabl gives an overview of systems purchased back in the late 80's /early 90's which can no longer operate efficiently. Tri-Tech is the vendor of the new Integrated Software, and the Department is focusing on the Records Management System with a go -live date of November, 2017. The integrated software will allow better communication between systems, move toward a paperless workflow, eliminate redundant data entry, is a cost - savings and will provide more effective law enforcement to the community. ACTION: Chairman Solorio: wants Police staff to think about implementing an e -mail or text message assigned to the person handling non - emergency calls in Communications. An e -mail can be documented and have some clarity about what is being asked for. 10. Implementation of State Second Dwelling Unit Ordinance — Acton: Request direction on whether to continue to implement State ordinance or adopt City standards — Executive Director Hassan Haghani/Planning Manager Candida Neal {Strategic Plan No. 5,31 Executive Director of Planning and Building Agency Hassan Haghani gives an oral report regarding granny flats and the new State law enacted on January I". Prior to that action, Planning Manager Candida Neal, along with staff and the City's Attorney's Office created a draft ordinance that completely complied with State law. Many people were opposed to it, yet others wanted us to put rent control on these units. Public requirements on two far ends and staff being so busy re- writing granny flats ordinance and zoning issues, it was decided to simply implement the State ordinance as is until such time that the City Council gives direction. Implement the State law and use City language as a guideline. 13C -17 ACTION: Chairman Solorio: Staff will forward the State law, as well as the draft ordinance, to this Committee for review. A dialogue then continues regarding this item. City Attorney Bogosian: Mr. Chairman, the action was to request direction on whether to continue to implement the State Ordinance or adopt City standards so are the Committee members tabling this action item for the next meeting? Chairman Solorio responds that the Committee is not prepared today to say there are findings to support specific criteria stating there is a current threat to health and safety with the granny flats. Chairman Solorio directs Staff to review and consider that as a potential option. If there is in fact some leeway in saying that findings may merit a moratorium, there is time to do additional research to fine tune an existing ordinance. Today we are not making a formal recommendation but I do expect the Acting City Manager, the City Attorney's Office and Planning & Building to look at what might be necessary for a moratorium and what time is needed to do the studies. City Attorney Bogosian: the recommendation to the City Attorney's Office is to table this item to the Agenda on May 91h and the City will continue to implement the State law. Recommendation: Chairman Solorio suggests a city -wide parking needs assessment and parking management plan, perhaps by an outside contractor. Villegas agrees that the City hire someone whose sole job is to analyze the parking for the entire city and if a permit parking area can be implemented. COMMITTEE MEMBER COMMENTS Vice Chair Villegas remarked that he was glad to have the meeting early rather than later. He said that there are a lot of items to tackle and there may be additional meetings other than the scheduled ones. Chairman Solorio thanks the Chief, Acting City Manager, those who put together the presentations, attendees and neighborhood leaders. Encourage the activity here and at regular City Council meetings. Chairman Solorio asked if anyone has any suggestions for future Agenda items, to e-mail them to the Committee. He said that it was an honor for 13C -18 Councilmember Villegas and me to be part of the first Public Safety, Code Enforcement and Neighborhood Empowerment Council Committee Meeting. FUTUREITEMS Graffiti Program — cost, schedule, issues with the City's graffiti removal program Crime stats data on the Police Department's website Status of Hiring in the Police Department Homelessness Crisis Implementation of Measure BB Update on My Santa Ana app Discuss Crime Prevention program Non - emergency text or e-mail feature Parking Needs Assessment / Parking Management Plan Citywide ADJOURNMENT — 8:30 P.M. CAI Chief of Police 13C -19 13C -20 D CITY OF SANTA ANA SPECIAL MEETING AGENDA Youth, Education & Community Services City Council Committee Monday, April 24, 2017 — 6:15 p.m. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Solorio & Villegas Staff: Gerardo Mouet, Acting City Manager; Jeannie Jurado, Acting PRCSA Exec. Director Recording Secretary: Ron Ono, Admin Services Manager PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Approval of Community Services Minutes of the March 27, 2017 Meeting 2. Santa Ana THRIVE CLT Update (Strategic Plan no. 5.3a) 3. Catalina 2017 Update (Strategic Plan no. 2.2a) 4. Dan Young Soccer Complex and Centennial Park Field Realignment Update (Strategic Plan no.2.2b) 5. Discuss CITY /SAUSD Joint Policy meeting (Strategic Plan no. 2.1 c) 6. Future Items for Committee Agenda Discussion If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A Pulido, i Michele Marlinez, i Vicente Sarmiento, i Jose Solodo, I P. David Benavides, 1 Juan Villages, i Sal Tinaiero, Mayor i Mayor Pro Tem. i Ward i Ward i Ward 4 I Ward I Ward rrwrmnusania.nna nm i Ward i vsamn'emaASxaaru wn i ,so onwssn�aaM, av i oecnaviaezrmaanra -a�a ao { ,vn�.. <. :,ma { srnnemaaama -ana om i ununine:a�samaare as i i i i i City Hall, 20 Civic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714- 647.6900 . A Jn30 m ftlies: 714. 647.8520 • website: www.santa- ana.ore FUTURE AGENDA ITEMS ADJOURNMENT — The next regular meeting of the Recreation, Education & Community Services City Council Committee meeting schedule for Monday July 24, 2017 at 5:30pm City Hall Ross Annex Room 1600. If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at ( (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for V - -' accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, I Michele Martinez, I Vicente Sarmiento, 1 Jose selodo. I P. David Benavides, i Juan Villegas, 1 Sal Tinajero, Mayor I Mayor Pro Tem, I Ward 1 I Ward 3 1 Ward 4 I Ward 5 i Ward 6 nivmnximsmmaana om i Ward Doan i nrurmre =as.ma.a�...am I i i i City Hall, 20 Clvic Center Plaza . P.O. Box 1988 . Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 - Agenda Item Inquiries: 714. 647.6520 - Website: www.santa- ana.org 13C -22 MINUTES OF A SPECIAL MEETING OF THE COMMUNITY SERVICES COUNCIL COMMITTEE March 27, 2017 CALL TO ORDER Meeting convened at 5:04 p.m. at Santa Ana City Hall Ross Annex Room 1600; 20 Civic Center Plaza, Santa Ana, California 92702. ATTENDANCE Council members Present Juan Villegas Jose Solorio David Benavides (Absent) Staff Present: Gerardo Mouet, Acting City Manger Jeannie Jurado, Acting Executive Director PRCSA Robert Cortez, Deputy City Manager Jorge Garcia, Sr. Management Assistant CMO Julie Castro - Cardenas, Sr. Management Assistant CMO Ron Ono, Administrative Services Manager Juan Lara, Acting Community Services Manger Enrique Marban, Community Services Supervisor Hiram Uribe, Graphic Designer PUBLIC COMMENTS: o None AGENDA ITEMS 1. ELECT CHAIR AND VICE CHAIR • Motion by: Councilmember Solorio to appoint Councilmember Villegas as Chair. Seconded by: Councilmember Villegas. ■ Motion approved. • Motion by Councilmember Villegas to appoint Councilmember Jose Solorio as Vice Chair. Councilmember Solorio agreed to be Vice Chair, unless Councilmember Benavides is interested. Seconded by: Councilmember Solorio. ■ Motion approved. 2. REVIEW BY -LAWS • Reviewed PREY by -laws. Approved by -laws with committee new name change. • Motion by: Councilmember Villegas. Seconded by Councilmember Solorio ■ Motion approved. Community Services Committee Meeting Page 1 March 27, 2017 13C -23 3. REVIEW AND APPROVE PROPOSED MEETING SCHEDULE • Reviewed quarterly meeting schedule. Recommended approval with the addition of Special meetings as needed. • Motion by Councilmember Solorio. Seconded by Councilmember Villegas. ■ Motion approved. 4. APPROVAL OF PREY MINUTES • PREY Minutes of January 25, 2016 was reviewed and the new committee members noted they were not members at time. Committee administratively accepted the minutes as presented. • Motion by: Councilmember Villegas Second by: Jose Solorio ff Motion approved. 5. NAME OF COMMITTEE • Councilmember Solorio indicated the name "Community Services Committee" should reference "Education and Youth ". Recommended the name "Community Services Committee" be changed to "Youth, Education & Community Services Council Committee ". • Motion by Councilmember Villegas. Seconded by Councilmember Solorio ■ Motion approved. 6. MAJOR CITY PRODUCED EVENT UPDATE • Acting Executive Director Jurado presented the various events, agreements and programs. Indicated the headliners for Cinco de Mayo. • Acting City Manager Mouet indicated staff is working on the Downtown agreements to program some of the events on Saturday with the Art Walk. City will program the Sunday Event. Working with Downtown on the 2018 Fiesta Event due to possible impact of the street car construction work. • Councilmember Solorio indicated if the City seeks sponsorships and if we obtained sufficient funding for the events? Also does the event have an Official Marshall and what is the process? Suggested the Attorney General as a possibility. • Acting City Manager Mouet indicated there isn't sufficient sponsorship to cover the cost of the event. • The Dia de los Ninos event is scheduled for Saturday April 22, 2017 that will also include the Earth Day Celebration. The event is free and the area has been increased, with volunteers planting a tree and drought tolerant plants. Educational materials will be provided on Water Conservation and the Ground Water system. 7. DAN YOUNG SOCCER COMPLEX AND CENTENNIAL PARK PROGRAMMING UPDATE o Community Services Supervisor Enrique Marban presented an update on the Dan Young Soccer Complex. Renovation of the synthetic turf on fields #2 and Community Services Committee Meeting Page 2 March 27, 2017 13C -24 #4, the soccer organizations and schools being served. Centennial Park is used for Special Events and the park also includes Joint use of Godinez Fundamental High School, Centennial Adult Education Center and the Skate Park. • Councilmember Solorio asked questions on the Skate Park and operations. • Acting City Manager Mouet addressed issues of vandalism, graffiti, signage, and control by older individuals. Indicated the agreement with OCWD will be providing renovation of the existing restroom to include an office for city staff, higher fencing and security cameras at the skate park to properly manage the use of the skate park. • Councilmember Solorio asked if there are capital improvement needs at Godinez High School and Acting City Manager indicated the possibility of installing synthetic turf on the Godinez Football /Soccer Field. Thought of using the $418,000 soccer surcharge funding to install synthetic turf on Godinez football field, but the interest got re- focused to another school and the item is still pending. • Councilmember Solorio indicated he heard interest from soccer leagues to realign the existing soccer fields to include additional smaller fields at DYSC and the park. Do what can be done administratively to accommodate additional fields at minimal cost? Would like to agenize this at a future meeting for further discussion. Also would like to look at future revenue bond to pay for improvements. 8. DISCUSS 2017 YOUTH & YOUNG ADULT SUMMER INTERNSHIP PROGRAM UPDATE • Sr. Management Assistant Jorge Garcia presented an historical overview of the City Internship Program. Hired over 100 interns. Typically high school students are hired during the summer and college students are hired year round. • Councilmember Villegas asked the type of assignments the interns perform? • Mr. Garcia indicated high school interns are assigned clerical work whereas graduate students are assigned higher level projects and recruitments are done in April. • Councilmember Solorio recommended we connect with the schools and college so we all work together or combine our intern programs. There is a $250,000 partnership program with Lathrop school. We should look into combining the programs. • Councilmember Villegas indicated there should be some control on the use of facilities to minimize any damages. 9. DISCUSS CITY /SCHOOL JOINT POLICY MEETING o Acting City Manager Mouet indicated we have a number of Joint Use facilities with the SAUSD and the City /School meet to discuss any issues. The SAUSD sends 2 representatives and the City sends 3 representative of this committee. The Joint Use Policy meetings are usually held after the Council Community Services Committee Meeting Page 3 March 27, 2017 13C -25 committee meetings. Administratively we have a lot of joint use agreements with different terms and both organizations are considering developing one master joint use agreement. The previous City Manager implemented an idea of a deferred maintenance fund of new joint use agreement, whereby each organization to budget $75,000 each year into an irrevocable fund. Our share is in our current budget. 10. FUTURE ITEMS FOR COMMITTEE AGENDA o City owned lots and a comprehensive process for non - profits to use them. Process to make available the sale of city property and put proceeds into a maintenance fund. o Discussion on plans for old Rescue Mission site. COMMITTEE MEMBER COMMENTS o None MEETING ADJOURNED: 6:18 P.M. 'K Ron Ono, Recording Secretary Community Services Committee Meeting Page 4 March 27, 2017 13C -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR APRIL 2017 {STRATEGIC PLAN NO. 5, 1} ItY�tAAN "/�GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for April 2017. DISCUSSION The April 2017 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. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-planning/ 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. 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: RECYCLED WATER SYSTEM UPDATE REPORT (STRATEGIC PLAN NO. 5, 2) i CIV MANAGER--' _ RECOMMENDED ACTION Receive and file a Recycled Water System Update report. DISCUSSION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER In 1992, the City of Santa Ana began receiving recycled water from the Orange County Water District (OCWD) recycled water program /system called the Green Acres Project (GAP). GAP is a water reuse effort that provides recycled water for landscape irrigation at parks, schools, and golf courses; industrial uses, such as carpet dying; toilet flushing; and cooling for power generation. The GAP recycled water production (treatment) facility is located in Fountain Valley. Recycled water similar to the water produced by the GAP is commonly called "Purple Pipe" water. Currently recycled water from the GAP is provided by OCWD to the following water purveyors for use in their service areas: City of Fountain Valley Mesa Water District City of Newport Beach City of Huntington Beach City of Santa Ana Exhibit 1 is a map of the GAP distribution system and its major facilities. The system consists of a 7.5 Million Gallon /Day treatment plant, a 5.0 Million Gallon reservoir, pump station, 37 miles of distribution pipelines, and 107 active services. By agreement, the GAP recycled water wholesale rate is 80% of groundwater (water from underground springs and wells) cost, and retail rates are capped at 80% of potable (water suitable for drinking) water retail rates. This discount makes recycled water an attractive option for high volume irrigators and certain industrial users. The OCWD is in the process of renewing the GAP Sales and Distribution agreements with its retailers, and it is anticipated that the recycled water price will change in the near future. The City of Santa Ana utilizes 8% of GAP output (347 acre feet per year) at 25 metered connections. The recycled water consumed by these accounts directly supplants potable water use, which reduces the demand on the groundwater basin and preserves potable supplies for other uses. These accounts combined save between $86,000 and $170,000 per year with recycled water. Recycled water use in Santa Ana encompasses the irrigation of City Parks, Schools, Street Medians, some retail green belts, Santa Ana River green belt, and carpet dyeing. During the development of the system, users 1913-1 Receive and File — Recycled Water System Update May 16, 2017 Page 2 were connected based on their annual water demand, use compatibility, and proximity to the project's recycled water mains. As shown in Exhibit 2, in Santa Ana the recycled water availability is limited to the southwest quarter of the City along several major roads, where OCWD recycled water mains are accessible. Exhibit 3 lists the current GAP recycled water users in the City, along with their estimated annual average use in acre feet. One of the main uses of the Recycled Water produced by the GAP program is the irrigation of public street medians; however, major Recycled Water piping and boosting systems will be need to be built to bring the water to where it is needed, if raw source water is available. It is the policy of OCWD to maximize the production of the ultrapure water used to replenish the groundwater aquifer through the Groundwater Replenishment System, which limits the production of recycled water through the GAP program. In addition, the existing GAP treatment plant is limited in capacity and will need major treatment process modification to accommodate major system expansions. At this time, OCWD has no plans to expand the GAP recycled water mains for additional capacity. Any expansion of the GAP system will have to be funded by the City or the end user. STRATEGIC PLAN ALIGNMENT 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 There is no fiscal impact associated with this action. Fr 4d Mousavipour Executive Director Public Works Agency, FM /NS Exhibits: 1. OCWD GAP Distribution Map 2. Santa Ana Recycled Water Distribution System Map 3. Recycled Water Users 19D-2 W:' R` P 19D-4 .�. 0 \ \ \ } � } 0 § ,f} !) 0 0 ` \a y a } (} o 0 ooh ! / \ � { ({ \ 0 ( BRISTOL ST ° ? . 7 . . �— . ma /7 0 , — - - �— � = 3AV kVIX, \ - � £ / { . HARBOR BLVD -- —« - -�- °~ /tE ,f} !) 0 0 ` \a y a } (} o 0 ooh ! / \ � { ({ \ 0 ( BRISTOL ST ° & $ � \ ¢l/ � , .— . °~ /tE ;< \ $ / \ ` °[ $ w��s Vie_& e , / 0 :. . _ (r �d \ . f # . . \k ( \ ( } \ m _= a \ ,f} !) 0 0 ` \a y a } (} o 0 ooh ! / \ � { ({ \ 0 ( BRISTOL ST &SIM \ m \ : ra } \ f � \ \ �\ ° & $ ¢l/ ! ) \ $ $ � Vie_& e , / 0 :. . _ . . \k ( ( \ m &SIM \ m \ : ra } \ f � \ \ �\ ( M. ƒ ) ) Bm__y ,I MAIN ST ; { \ $ $ , f» , \k ( ( m M. ƒ ) ) Bm__y ,I MAIN ST ; { 19D-6 Recycled Water Users - July 2017 Project Customer Estimated Annual Usage (acre -feet per year) Centennial Soccer Fields 7267 18.0 Centennial Soccer Fields 7266 0.3 Centennial Soccer Fields 7273 (A) 22.5 Centennial Soccer Fields 7273 (B) 35.6 Bomo Kora Park 18.6 Bike Trail 3611 S. Flower St. 2.7 McFadden School 34.0 Adams Park 9.5 Chroma System- Carpet Dyeing 8.9 Chroma System- Landscape 2.4 South Coast Village 10.6 Kaiser Medical Office 7.8 3601 MacArthur / Chick -fil -A 1.6 SAR S.A. (Edinger Ave) 18.7 SAUD High School #6 27.3 Griset /MacArthur(E of Greeville St.) 2" 3.6 Griset /MacArthur(E of Greenville St.) 3" 13.5 Bear St. /Garry: 3101 S. Bear St. 3.4 Bear St. /Garry: 3011 S. Bear St. 1.3 Thornton Park (E end @Bear /Sergerstrom) 46.8 Harbor Median N. of MacArthur 0.7 SAR Trail Fairview & 12th (submeter) 0.5 SAR Trail North of 17th (submeter) 0.9 SAUSD Sports Complex -64 Godinez High School (Centennial Park) Sub -Meter Versailles on the Lake Apartments Future -10 19D-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: RELEASE OF EASEMENT ON A PARCEL AT 918 NORTH BRISTOL STREET (PROJECT NO. 11- 6741,),_:_ _ = (STRATEGIC PLAN NO: 6, 1G} CI MANAG R—� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council the execute a Termination of Easement Agreement with Marcela M. Ocampo, an adjacent property owner at 1306 West Tenth Street, for the parking easement at 918 North Bristol Street, and authorizing the total sum of $6,000 as full consideration for termination of the easement. 2. Approve an Appropriation Adjustment recognizing $6,000 in current -year funds received from the sale into the Select Street Construction revenue account, and appropriating the same amount into the Select Street Construction expenditure account for future Bristol Street Improvements Project expenditures. DISCUSSION In 2011, the City purchased 918 North Bristol Street for the widening of North Bristol Street between Third Street and Civic Center Drive (Project 08- 1700). The Bristol Street property acquired by the City included an easement for parking purposes on an adjacent parcel (Exhibit 1), which was needed for its former use. The legal documentation for the easement was recorded on March 13, 2001. This section of the Bristol Street Improvement Project is now complete. The parcel at 918 North Bristol Street has become public right -of -way green space and provides aesthetic enhancements for the Bristol project. The portion of the parcel which contains the parking easement is no longer needed for the City project. Moreover, the easement cannot be developed nor does it have any independent use or development potential. The adjacent property owner at 1306 West Tenth Street, Marcella Ocampo, has approached the City to acquire the parking easement from the City. The Public Works Agency prepared an appraisal report by a licensed appraiser to determine the fair market value of the parking easement. The appraised value is $6,000, and that offer has been accepted. The recommended 20A -1 Release Remnant Easement at 918 North Bristol Street May 16, 2017 Page 2 Termination of Easement Agreement (Exhibit ownership in accordance with Section 2 -706.1 a property interest to an adjoining property competitive bidding. STRATEGIC PLAN ALIGNMENT 2) is the legal mechanism to release the City's of the Municipal Code, which provides for a sale of owner without the need for public auction or 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon execution of the termination of easement agreement, an Appropriation Adjustment will be processed recognizing $6,000 received from the sale into the Select Street Construction Fund revenue account (No. 05917002 - 57071) and appropriating the same amount into the Select Street Construction Fund expenditure account (No. 05917661- 66100) for future Bristol Street Project 11 -6741 expenditures. Ved us avipour Executive Director Public Works Agency Exhibits: 1. Location Map 2. Termination of Easement Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 20A -2 01 4 REMNANT PARCEL SANTA ANA CITY COUNCIL _- rW_ AGENDA DATE: MAY 16, 2017 wa c oas .cE.c. EXHIBIT 1 SALE OF REMNANT PARCEL AT 918 N BRISTOL STREET 20A -3 PAGE 1 OF 1 -- •-------- - - - --r 10TH ST i II I I I I I--------- - - - - -- -j I I I I I I I--------- .._.. - - --j ---------------- I U ----------- - - - --i ._..._..._..�._.._J 1 OTH ST II 1 m I 9181 i i i i i i 1 1 I 1 I 1 I �---.._-- _.._ - -_ -- —•. 11 I I I 9TH ST -• 01 4 REMNANT PARCEL SANTA ANA CITY COUNCIL _- rW_ AGENDA DATE: MAY 16, 2017 wa c oas .cE.c. EXHIBIT 1 SALE OF REMNANT PARCEL AT 918 N BRISTOL STREET 20A -3 PAGE 1 OF 1 20A -4 TERMINATION OF EASEMENT (PARKING EASEMENT) RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) City of Santa Ana ) City Clerk ) 20 Civic Center Plaza ) P.O. Box 1988 ) Santa Ana, CA 92702 ) This document is exempt from a recording fee pursuant to Government Code Section 6103. TERMINATION OF EASEMENT THIS TERMINATION OF EASEMENT (Parking Easement) ( "Termination of Easement"), dated for purposes of identification only as of May _, 2017, is made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), and Marcela M. Ocampo, an individual ( "Ocampo "). RECITALS A. City is successor in interest to Guy P. Mathys and Heidi S. Mathys, grantees under that certain Grant of Parking Easement recorded on March 13, 2001 as Document No. 143254 in the Official Records of Orange County ("Parking Easement") and attached as Exhibit A. The Parking Easement is for the benefit of the real property owned in fee by City at 918 N. Bristol Street, Santa Ana, California and designated as Assessor's Parcel No. 004 =122 =38 ( "Property "). B. Ocampo is the owner in fee of the adjoining real property commonly known as 1306 W. Tenth Street, Santa Ana, California and designated as Assessor's Parcel No. 004 -122- 32. Ocampo's property is encumbered by the Parking Easement. C. The Parking Easement is not necessary or useful to City following the completion of the phase of the Bristol Street Widening Project for which the Property was acquired by City. D. At City's direction and cost, the Parking Easement has been appraised at a value of $6;000 by a professionally credentialed appraiser. E. City and Ocampo intend by this Termination of Easement to fully terminate the Parking Easement upon City's receipt of consideration by Ocampo in the amount of $6,000. 20 it 3 NOW, THEREFORE, in consideration of the above facts and for the covenants and agreements contained herein, the Parties agree as follows: Section 1. Consideration for Termination of Easement. Within thirty (30) days of approval of this Agreement by City, Ocampo agrees to pay City, and City agrees to accept from Ocampo, as full consideration for the Termination of Easement, the total sum of Six Thousand Dollars ($6,000.00), payable in cash, by cashier's check or certified check, or by wire transfer. Section 2. Receipt of Consideration by City. Receipt of the consideration described in Section 1 is acknowledged by City on Section 3. Termination of Easement. Upon receipt of the consideration described in Section 1, the Parking Easement recorded on March 13, 2001 as Document No. 143254 in the Official Records of Orange County is hereby terminated. City and Ocampo are further released from any and all rights and obligations provided for in the Grant of Parking Easement. City shall cause this document to be recorded in the Official Records of Orange County upon receipt of the consideration described in Section 1. Section 4. Counterparts. This Termination of Easement may be executed in one or more counterparts, each of which shall constitute an original, and all of which, taken together, shall constitute one and the same Termination of Easement. Section 5. Interpretation and Governing Law. This Termination of Easement shall be construed in accordance with and governed by the laws of the State of California. IN WITNESS WHEREOF, the Parties hereto have executed this Termination of Easement as of the respective dates set forth below. OCAMPO: CITY ATTEST: Maria D. Huizar Clerk of the Council 20A -6 Date: , 2017 Date: _ , 2017 Date: 2017 APPROVED AS TO FORM: #n M. Funk Assistant City Attorney FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency 20A -7 Date: 4`1-7 2017 Date: 2017 EXHIBIT A GRANT OF PARKING EASEMENT Recorded in official Records, County of Orange Gary Granville, Clerk - Recorder t Recording Requested By 111111.1111111 111111111111111111111111112.00 Chris Mathys 20010143254 02:12pm 03113101 21151 E. Shaw Avenue 116 4 001 4 Fresno, Ca. 93710 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 Grant of Parking Easement 0q This agreement is entered into by and between Chris Mathys, an unmarried man, herein referred as the Grantor, and Guy P. Mathys and Heidi S. Mathys, husband and wife, herein --G V: 1 referred to as "Grantees ". Recitals Whereas, Grantor is the owner of certain real property in the County of Orange, City of Santa Ana, herein referred to as the "ServientTenemeni' and which is legally descn'hed as Lot 25, Tract 1262, as per map recorded in Book 39, Page 6 of Miscellaneous Maps, in the office of said County P more commonly known as 1306 West Tenth Street, attached here to andincorpomted bersm by reference; and whereas, Grantees are the owners of certain real property in the Comity of Orange, City of Santa Ana, hereinafter referred to as the Dominant Tenement and which is legally n(� described as Lot 26 of Tract # 1262 as per map recorded in Book 39, pages 6 of misc. maps in tht %'-* r office of the county recorder of said county more commonly known as 918 North Bristol Street. I.I Whereas, Grantees desire to acquire certain parking rights in the Serviem Tenement Now, therefore, It is agreed as follows: Grant of Parking Easement 1. For valuable consideration, Grantor hereby grant to Grantees an easement as hereinafter described. Character of Easement 2. The easement granted herein is appurtenant to the Dominant Tenement. Description of Easement 3. The easement granted herein is a right away for ingress and egress and the paring of cars including two regular parking spaces and one handicapped space in an area approx. 20 feet by 38 feet, six inches. Location 4.. The easement granted herein is located as follows: The description is set forth in Exhibit "A" attached hereto by reference. Exclusiveness of Easement 5. The easement granted herein Is not exclusive. Secondary Easements 6. The easement gamed herein includes incidental tights of maimeoance, repair and replacement described as follows: the Dominant Tenement shall pay all of these costs. i*:r110.30 � 20A -8 Arbitration of Disputes 7, In the event any disputes arise, they shall be decided by binding arbitration as defined by the American Arbitration Association. Entire Agreement S. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 9. This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Gunners and Grantees. In witness whereof the Grantors and Dated tan, 2.,9,L 290/ Grantor _ .n Chris Mathys Grantees Heidi Mathys .•1 _Q 20A -9 duly executed this Side of QQZ9= County OT P=M w .i On JANUARY 26, 2001 before me. MS= roams 1An u.. �ltaraaaml.ac •y..co:4n.o -,a= personally appeared CIUM XURS, cox P. NAIRYS AND NMI S. NA= • nwmia aT s� l� personally known to me - OR - ❑ proved to me on the basis of satisfactory dance to be the person(s) whose nameWis r SubsCribed to the within instrument and ac- knowledged to me that he/s' executed the same in his /here authors capacit 1 and that by his /her/ =NOTAWR HAAT signatur s on the instrument the parsons ,9297 or the tity upon behalf of which t e U V7 �) q yacied, executed the instrument. g, 2E• loot WITN S my hand an fticial seal. nMO -WrAW OPTIONAL rm ur Me dtla t oloro to nm required by law. it may pw" vNuabla to paraana 7 l*g an dM do ummt aM OMW pnvant haudulam rwOaumm of Mla form. CAPACITY CLAIMED BY SIGNER 0 INOMDUAL Q CORPORATEOFFICER rRiO r PARTNER($, C LIMITED _ C GENERAL ATi CRNE!z*FAC7 L TRUSi1:S1 GUARDIAwCCNSERVATOR 1. OTHER: ti StGNaR 13 REPRESENTING: RNaarrmltamcRarmman DESCRIPTION OF ATTACHED DOCUMENT _ MM OF PAM= I:ASM= 11TL9 OR TYPE OF DOCUMENT 9i0 NUMBER OF PAGES JANUARY 24, 2001 DATE OF DOCUMENT SIGNER($) OTHER THAN NAMED ABOVE GIM NAIMR4"a"RY ABBOMAYMN -ft" RWMa Aw. T.O. Boa 7184-C&WP Pam. G RIMO.7184 0:4:u0.3111 20A -10 r i b I \ � RA • �ooFu+ECN) APPkUVW AS TG THE VRD- 1 I 1 ,11SIONS OF CHAPTER 41;(ZO l `'t�. Gticl�tlf��r E+41LDINt� OF SANTA ANA MUNICIPAL C C _ 20N C ' la f D TE.'. CHECKED A - 5 PGA++ i I I _ �►: e o-i PC ' t- -- - •— — � F��rr�N - - - % B y1LDIN4 'ro o yan pA e _ �o� to Separefe al. ,f P ?his sell of 1 >� �i�y�' X1�fJD5csJ'6 A,RF,q ihn a^ ^rte.•: Illy �� y /fp•7 -� NILL M4 �V ��YI�D'ilO N7 /•PProva Ei u F6%ZKIN4 Kl`1�WiP -FD 3-S�yLE$ _. raKGlrJa �u- orr�<wN�e.,olmP� 3.9.Prc�S I'v -`�- -; 20W9- W' A 20A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: CONTRACT AWARD TO HONDO COMPANY, INC. FOR OUTDOOR BASKETBALL COURT RENOVATION (SPEC. NO. 17 -035) (STRATEGIC PLAN NO. 6, 113) CI NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: -:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Hondo Company, Inc. for the renovation of an outdoor basketball court in an amount not to exceed $43,850 plus a contingency of $2,192 for a total amount of $46,042, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency, Facilities Maintenance Section is responsible for the maintenance and repair of various park sites in the City. The outdoor basketball court at Campesino Park has been fenced off due to its unsafe condition which is beyond repair. This project will demolish the existing basketball court and replace it with a reinforced concrete court. It will also renovate the side court and apply color surface system. The renovation will allow the residents to safely use the courts again. The notice inviting bids was advertised on March 14, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 255 Vendors were notified 25 Vendors downloaded the bid packet 3 Bids received 1 Bid received from a Santa Ana Vendor The bids were opened on April 11, 2017 and evaluated (Exhibit 1). The bid received from Hondo Company, Inc., a Santa Ana vendor, is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a five percent contingency has been included in the award amount. 22A -1 Contract Award for Outdoor Basketball Court Renovation May 16, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort 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). FISCAL IMPACT Funds in the amount of $46,042 will be budgeted and made available in FY 2017 -18 Recreation and Community Services Facilities Maintenance account (01113260- 62320) APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Mouet Francisco Gutierrez Executive Director Parks, Recreation and Community Services Agency` FA/ds /sp Exhibits: 1. Abstract of Bid Executive Director V^" Finance and Management Services Agency 22A -2 ABSTRACT OF BIDS OUTDOOR BASKETBALL COURT RENOVATION (17 -035) Bidder CHI Construction Hondo Company, Inc. Location Anaheim Santa Ana Total $124,010.00 $43,850.00 EXHIBIT 1 22A -3 Naka Engineering & Construction, Inc. Laguna Hills $59,530.00 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE CONTRACT AWARD TO SIMPLEX GRINNELL-LP FOR FIRE ALARM SYSTEMS MAINTENANCE AND .. TIME CLOCKS AND SUPPLIES"' (SPEC NO. 17 -049) ''' ''' ' _ " (STRATEGIC PLAN NO. 6, 1G) Wirt RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For FILE NUMBER Award a contract to Simplex Grinnell LP for fire alarm systems maintenance and time clock supplies for a six -month period expiring November 30, 2017 in an amount not to exceed $45,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION City facilities are equipped with fire alarm systems for the protection of life and property. The fire alarm systems require inspection, preventive maintenance and repairs to ensure continued operation. Additionally, the alarm systems are tested regularly in accordance with the State of California Fire Marshall regulations and National Fire Protection Association rules. On June 17, 2013 the City Council awarded a one year contract with provisions for three one - year renewals to Simplex Grinnell LP for fire alarm systems maintenance. That contract will expire June 16, 2017. While Simplex Grinnell LP holds proprietary ownership of the software used in the fire alarm systems throughout the City, some of the equipment could be serviced by other vendors. Staff is currently evaluating other vendor options, which may include a request for proposals, to ensure the most efficient and cost effective solution is utilized in awarding future contracts. As such, staff recommends awarding a six -month contract to Simplex Grinnell LP to allow for uninterrupted service and State regulations compliance while staff completes this process. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). 22B -1 Contract Award for Fire Alarm Systems Maintenance May 16, 2017 Page 2 FISCAL IMPACT Funds in the amount of $7,500 are available-in FY 2016 -17 in the Building Maintenance account (07310100- 62300). Funds in the amount of $37,500 will be budgeted and made available in the same account for FY 2017 -18. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez pp Executive Director Finance and Management Services Agency DS /sp 228 -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: CONTRACT AWARD TO REYNOLDS BUICK, INC., FOR A PICKUP TRUCK WITH UTILITY BODY (SPECIFICATION NO. 17 -038) (STRATEGIC PLAN NO. 6,2) C NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1`' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of a purchase order to Reynolds Buick, Inc., for the purchase of one % -ton pickup truck with a utility body in an amount not to exceed $64,968, and a five percent contingency of $3,248, for a total amount not to exceed of $68,216, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division, is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when vehicles need replacement. These criteria include vehicle age, mileage, maintenance costs, and safety history. As a result of reviewing the City's replacement criteria, a % -ton utility truck purchased in 2006 with usage totaling 172,208 miles has been identified for replacement. This utility truck is assigned to the Public Works Water Division and is utilized as their evening and weekend "call out" truck. Included in the purchase is the construction and installation of a utility body to store tools and equipment to service emergency call -out needs. The Notice Inviting Bids was advertised on March 27, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 24 Vendors were notified 8 Vendors downloaded the bid packet 2 Bids received 1 Bid received from Santa Ana vendor 22C -1 Contract Award for Utility Truck May 16, 2017 Page 2 Two bids were received and opened on April 25, 2017, and evaluated. The results are as follows: Vendor Guarantee Chevrolet Motors, Inc. Reynolds Buick, Inc. Location Amount Santa Ana $73,023.40 Covina $64,967.08 The higher bid from Guarantee Chevrolet, Inc., includes the local vendor preference discount. The lower bid received from Reynolds Buick, Inc., is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a five percent contingency has been included in the award amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $68,216 are available in the FY 2016 -17 Water Systems Maintenance Account (No. 06017641- 66400). Freq Mousavipour Executive Director Public Works Agency FM /CL/ds /sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez p Executive Director /�✓ Finance & Management Services Agency 22Ci -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: AWARD CONTRACT TO ALFARO COMMUNICATIONS CONSTRUCTION, INC., FOR GRANT- FUNDED CROSSWALK UPGRADES- PHASEI (PROJECT NO. 15 -6831) (STRATEGIC PLAN NOS. 1, 1E; 5,6B; 6, 1G) CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and Clerk of the Council to execute a contract with Alfaro Communications Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $222,050, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Crosswalk Upgrades project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $300,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $33,540. 3. Amend the Fiscal Year 2016 -17 Capital Improvement Program and approve the reallocation of $100,000 in General Funds from the Safe Mobility Santa Ana Project (Project No. 17- 6009). DISCUSSION The recommended actions are needed to proceed with the installation of traffic safety enhancements at various intersections throughout the City (Exhibit 1). The improvements include a bulb -out at the east leg of the intersection of Fourth Street and Minter Street, implementation of rectangular rapid flashing beacons (RRFB's), signage, and striping. Once completed, these improvements will provide intersection safety enhancements and improve mobility for all users. A Notice Inviting Bids was advertised on March 31, 2017, and April 5, 2017. Bids were opened on April 24, 2017. The following is a summary of the bid invitations made and the bids received: 23A -1 Award Contract for Crosswalk Upgrades May 16, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 15 Contractors requesting bidding documents 16 Bids received 6 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Alfaro Communications Construction, Inc. Compton, CA $222,050 2 ND Construction Company, Inc. Anaheim, CA $226,082 - 3 Calpromax Engineering, Inc. Placentia, CA $254,181 4 Elecnor Belco Electric, Inc. Chino, CA $266,646 5 California Professional Engineering, Inc. La Puente, CA $291,354 6 DBX, Inc. Temecula, CA $371,354 A total of six bids were received and all six were deemed responsive. Alfaro Communications Construction, Inc., submitted the lowest responsive bid in the amount of $222,050 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Alfaro Communications Construction, Inc., in the amount of $222,050 (Exhibit 3). The lowest base bid was higher than the engineer's estimate of $185,110. To supplement the Federal Aid Safety Program funding for the project, staff recommends utilizing $100,000 of the $200,000 funds allocated in the FY 2016 -17 Capital Improvement Program to begin implementation of the Safe Mobility Santa Ana study recommendations (Project No. 17 -6009) approved by Council in November 2016. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet the following: • Goal #1 - Community Safety, Objective #1 (modernize the Community Policing philosophy to improve customer service, crime prevention, and traffic /pedestrian /bicycle safety), Strategy E (create a task force between the Police Department, Public Works Agency and the Santa Unified School District to increase community outreach emphasizing traffic /pedestrian /bicycle safety — i.e., Active Transportation Safety Plan). 23A -2 Award Contract for Crosswalk Upgrades May 16, 2017 Page 3 • Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy B (incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2014 -21 was filed for this project. Additionally, in accordance with the National Environmental Policy Act, the State of California Department of Transportation (Caltrans) has determined that the project is categorically excluded from further review. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $300,000, which includes construction, contract administration, inspection, testing, and a contingency of $33,540. Upon approval of the requested amendment to the FY 2016 -17 Capital Improvement Program, $100,000 will be available in the General Fund (Account No. 01117620- 66220, Project No. 15- 6831). The remaining $200,000 is budgeted and available in the Federal Aid Safety Program Fund (Account No. 14717611- 66220, Project No. 15- 6831). All funds are to be expended in Fiscal Year 2017 -2018. JA )1, �� r d o savipour Executive Director Public Works Agency FM /EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 KEY: (9) Project Location SANTA ANA City council PWq Agenda Date: V May 16, 2017 PUBLIC WM8 AGMY Project No. -1-5=6831: Crosswalk Upgrades Phase V VA- 23A -6 CITY OF SANTA AIWA EXHIBIT 2 -'' PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL. 5063(155) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Atraro Communications Construction,lne. 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 sun(s) set forth in the following schedule: Item Description Qty. Unit Unit Price Amount Furnish & Install Complete Functioning Carmanah 1 RRFB System per Plan at the Intersection of 4th at 1 LS $ 10,000.00 $ 10,000.00 Minter —Sheet 2 of 10 Remove all conflicting striping, R.P.M.'s and /or 2 legends and Install new striping per plan at the 1 LS $ 6700.00 $ 6700.00 Intersection of 4th at Minter —Sheet 2 of 30 Furnish & Install Complete Functioning Carmanah 3 RRFB System per Plan at the Intersection of 1 LS $ 10,000.00 $ 10,000.00 Broadway at Walnut — Sheet 4 of 10 Furnish & Install Complete Functioning Carmanah 4 RRFB System per Plan at the Intersection of Civic 1 LS $ 14,000.00 $ 14,000.00 Center at Lacy —Sheet 5 of 10 Remove all conflicting striping, R.P.M.'s and /or 5 legends and Install new striping per plan at the 1 LS $ 2,500.00 $ 2,500.00 Intersection of Civic Center at Lacv — Sheet 5 of 10 Furnish & Install Complete Functioning Carmanah 6 RRFB System per Plan at the Intersection of 1 LS $ 23,000.00 $ 23,000.00 Edinger at Towner — Sheet 6 of 10 Remove all conflicting striping, R.P.M.'s and /or 7 legends and Install new striping per plan at the 1 LS $ 4,500:00 $ 4,500.00 Intersection of Edinger at Towner — Sheet 6 of 10 Furnish & Install Complete Functioning Carmanah 8 RRFB System per Plan at the Intersection of 1 LS $ 14,000.00 $ t4,000.00 Greenville at Pomona —Sheet 7 of 10 Furnish & Install Complete Functioning Carmanah 9 RRFB System per Plan at the Intersection of Main 1 LS $ 12,000.00 $ 12,000.00 at Walnut —Sheet 8 of 10 23A -7 11-1 of P -40 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: 1-ISIPL 5063(155) 23A -8 P -2 of P -40 Remove all conflicting striping, R.P.M.'s and /or l 10 legends and Install new striping per plan at the 1 LS $ 4,000.00 $ 4,000.00 Intersection of Main at Walnut — Sheet 8 of 10 Furnish & Install Complete Functioning Carmanah 11 RRFB System per Plan at the Intersection of Lyon 1 LS $ 16,000.00 $ 16,000.00 at Mark and Bryan Expressway— Sheet 9 of 10 Remove all conflicting striping, R.P.M.'s and /or _ 12 legends and Install new striping per plan at the 1 LS $ 3,000.00 $ 3,000.00 Intersection of Lyon at Mark and Bryan Expressway— Sheet 9 of 10 Furnish & Install Complete Functioning Carmanah 13 RRFB System per Plan at the Intersection of Santa 1 LS $ 12,000.00 $ 12,000.00 Ana at Lacy-- Sheet 10 of 10 Remove all conflicting striping, R.P.M.'s and /or 14 legends and Install new striping per plan at the 1 LS $ 2,500.00 $ 2,500.00 Intersection of Santa Ana at Lacy — Sheet 10 of 10 15 INSTALLSIGN 74 EA $ 178.00 $ 13,172.00 16 INSTALL SIGN & POST 27 EA $ 293.00 $ 7,911.00 17 INSTALL NEW POST 4 EA $ 172.00 $ 688.00 18 REMOVE SIGN 38 EA $ 35.00 $ 1,330.0 19 REMOVE SIGN & POST 5 EA $ 143.00 $ 715.00 20 RELOCATE SIGN 5 EA $ 86.00 $ 430.00 21 INSTALLSIGN(S) ON MAST ARM 8 EA $ 370.00 $ 2,960.00 22 REMOVE EXISTING SIGN(S) FROM MAST ARM 8 EA $ 154.00 $ 1,232.00 23 REMOVE EXISTING VIDEO CAMERAS FROM MAST 4 EA $ 206.00 $ 824.00 ARM 24 REMOVE EXISTING FLASHING BEACON(S) FROM 8 EA $ 206.00 $ 1,648.00 MAST ARM 25 REMOVE EXISTING TENON(S) FROM MAST ARM 8 EA $ 150.00 $ 1,200.00 26 REMOVE EXISTING CONTROLLER CABINET FROM 2 EA $ 400.00 $ MAST ARM 800.00 27 REMOVE EXISTING SOLAR PANEL FROM MAST 2 EA $ M 300.00 $ 600.00 23A -8 P -2 of P -40 CITY OF SANTA ARIA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 28 INSTALL 4'x2' TRUNCATED DOME 2 EA $ 500.00 $ 1,000.00 29 REMOVE AND DISCARD EXISTING POLE, SIGNAGE 2 EA $ 2,400.00 $ 4,800.00 & EQUIPMENT _ 30 REMOVE AND SALVAGE EXISTING FLASHING 6 EA $ 500.00 _ $ 3,000.00 LIGHTS AND SOLAR PANEL FROM 1 -A POLE 31 REMOVE AND SALVAGE EXISTING EQUIPMENT ON 4 EA $ 400.00 $ 1,600.00 STEEL POST (CABINET, SOLAR PANEL) 32 UNCLASSIFIED EXCAVATION* 30 Cy $ 270,00 $ 8,100.00 33 AC PAVEMENT* 10 TN $ 490.00 $ 4,900.00 34 PCC CURB RAMP* 400 SF $ 25.00 $ 10,000.00 35 PCC SIDEWALK (4 ")* 700 SF $ 6.00 4,200.00 36 PCC CURB AND GUTTER* 200 LF $ 31.00 $ 6,200.00 (TYPE A -2 -8) 37 PCC CURB * 100 LF $ 16.00 $ 1,600.00 (TYPE B -1) 38 ADJUST WATER VALVE FRAME AND COVER TO 1 EA $ $ 375.00 FINISHED GRADE 375.00 39 BIORETENTION AREA* 726 SF $ 7.00 $ 5,082.00 40 FURNISH AND INSTALL ORGANIC SOIL* 81 Cy $ 43.00 $ 3,483.00 i TOTAL BASE BID $ 222,050.00 23A -9 P -3 of 13-40 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - altemate 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. j This bid item is considered a Specialty Item per Section 2 -3.2 of the Standard Specifications. 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 eighty (80) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Alfaro Communications Construction,Grc. Signature of BIDDER Ma ra Martinez Title K President & Secretary (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.) Mayra Martinez: R President & Secretary Hugo Alfaro : President,Treasurer & Manager P -4 of P -40 23A -10 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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. Name of Firm Alfaro Communications Construction.Gnc. Signature of BIDDER Title V.President & Secretary e' (If an individual, so state. If a firm or co- partnership, state the finn 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.) Mayra Martinez: V. President & Secretary Hugo Alfaro : President, Treasurer & Manager P -5 of P -40 23A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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: Alfa ro Communications Construction,Ine Business Address: 620 S. Bradfield Avenue , Compton, Ca 90221 Business E -Mail Address: hu og aecagmail.com Telephone: 310- 669 -8949 State Contractor's License No. and Class: 912727,A &C7 License Expiration Date: 513112018 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: 1000042376 613012017 P -6 of P -40 23A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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 of Firm Signature of BI] Title KPresidem (if an individual, so state) P -7 of P -40 23A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15-6931 CROSSWALK UPGRADES - PHASE 1 FEDERAL PROJECT NO: HS1PL 5063(155) OWNERSHIP AFFIDAVIT STATE' OP CALIFORNIA ) COI IN I Y OF HR;tNt'rF. %oSgrkst� -SS: C'I:ll'01'.1?kF,4_ConsPT�d ) being duly sworn. deposes and says: ❑ INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ I'.ARTNERSI HP 'I hat he/she is a member of the co- parmership firm desigualed 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: a corporation which is making the Ibregoing proposal: ❑JOINT VGN ruRE' 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 secur any advantage against the City of Santa Ana or any person interested in the proposed cotAact�1for himself or any other person. V q Subscribed an sworn to before me this 1 day of f L 20 `� Signature of officer Administering Oath (Notary Public) f........, HF6ROlDr4.41TOfNAKItI I. q CdMM. f} 2019185 �'� NOTARY PUUkIC •CALIFORlNA LOS ANGELES CCUNTY ^� Comm, Fxp. MAY 8, 2017 Notarial Certificate Attached 23A -14 P -8 of P -40 23A -15 CALIFORNIA JURAT 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 SOS f��lti rs/�1 ] Subscribed and sworn to (or affirmed) before me on this 1 day of 4 PX/L �l Date Month Year ��rr by AU40 qL FA f2 c7 Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. r.... .::. HARQL T0191AK11.1 CONIM..$20f9f64. ib�tIFORNIA LOS ANGELES CdLINiY Comm. Ex .MAY 9, 201'7 _ corn. Ex . Signature: Signature of Notary Public Seal Place Notary Seal Above ---- -------------- ----- ------ ---- -- --- ---- -- -- -- -- OPTIONAL -------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document / Title or Type of Document: �.Jn2rJ�1� fyY�r( VO4 Document Date: Number of Pages: Signer(s) Other Than Named Above: 23A -15 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HS1PL 5063(155) BID BOND ALL PRESENT That, t�>��e�D— �OVdkvu,iaiSn asBIDDER,and as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Dollars ($ ), 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, BIDDF,R 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 I'1 day of ejZtt_ .,20-0 BIDDER* SURETY* Subscribed and sworn to before me Signature: this t 9 day of Notary Public in and for the County of Us -A-kp, � e-z-f , State of vk- Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. HAROLD A. UTOMAKILI MARY PUBLIC WCA U F O RNI 3 LOSANGELESCOUNV Comm. Exp. MAY 9.2017 Notarial Certificate Attached 23A -16 P -o of P -4n CALIFORNIA JURAT 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 �f 7 4 XA;61W } Subscribed and sworn to (or affirmed) before me on this 167 Date byU40 r4 �Ft i7� Name of Signers day of f-k pL a01-7 Month Year proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signure: 4 at Signature of Notary Public jHAROLD q. U7GI6lAKILI CCMM:1$ 2019155 NOTARY PUBLIC • CALIPpRNIA LOSANGELES COUPM Comm. Ex . MAY 9. 2017 Seal Place Notary Seal Above ---°------°-- ------ ---- --- -- ----------- - - - - -- OPTIONAL ------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 23A -17 CI'T'Y OF SANTA ANA PROPOSAL PROJECT NOA 5 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) LIST OF SUB-CONTRACTORS Section 4100 et. sect, ol'the Public Contract Code requires listing of all subcontractors %%ith the bid fbr all subcontract work exceeding the following amount: • Streets, highways including bridge projects: '/,% of the bid or $10,000. whichever is greater • Buildings, parks, or other projects: 'L% of the bid Section 17255 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (Dlls ). BIDDER proposes to subcontract certain portions of the work to the Gnus listed below: Name Fj,C„7 -r � Sp�r�,�4,,,�' Name License # /C-xp. -$ q— i License # /Exp. DIR Reg. # /Exp. o6 0 S j2 3 DIR Reg. # /Exp. Location 638 W -Sc erh Avt. Location Phone 14 _ 4 a `(— \ \a o Eft = t� Phone Type Of Work S� �i g Sb r, nit o, Type Of Work Amount $ Amount $ Name License 4/Exp. DIR Reg. # /Exp. License # _ Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount S Signatur o 1 i de Nance License # /Exp. DIR Reg. fl/Exp. License # Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 23A -18 n- t n nf p -an CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I. Please see attahed Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Date Completed Type of Work Date Completed Name and Telephone Number of person familiar with project. 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. Auto Insurance: State Farm: 15352 Pa•amount R1vdParanmrnd CA 90Z23,Te1:.S62 -817 -5620 WIC & LIG. Radius Insurance: 135 S.State College Blvd.Brea , 01 92821, TeIL 800- 400 -7283 The Bond Exchange: 24800 Chu•isanta Dr.,Mission Viejo, CA 92691,Tel: 949 -46 -17000 P -11 of P-40 23A -19 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. Please see attacked Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. 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. Arlo Insurance: State Farm: 15352 Paramount B1vd,Paramount , CA 90723,Tel. 562 - 817 -5620 �l11T'rl�l .r r r r r � Jll •Il .� The Bond Exchange: 24800 Chrisanta Dr.,Mission Viejo, CA 92691,Te1: 949 -46 -17000 P -12 of P -40 23A -20 U 0J •O L a OJ 6 v gv v 0 v 0 v a 0 v o v co v o W ca v m o 0 s a V 6 n O b O O lO O b p 'i N 10 O b N y� o N b b O O O ry ry O ry ry ry O ts s s s d d d a a d b ry m O N N N N V! N M N N N c � a Fj m j � •.3 p[p R � a. N C a$ a Q y >� m � m c gym= °m w ti r m= fi a =O �e ` v = _° « 'u � � E m v acv maw N V C V OE yl GCO W 'C g1 GD O C i6 Io C C B C n u F H H m u° 14 z° �ry E u Om O m 0 C Imp = N C fmYl dQ 0 j2 ° �n m a n wrh ~e L° aro rmi � I°n zm N •-1 N � Vf N ry E •-I 9 V � VI J 1A IO •-I � c E - v z E o s v w m y C P N m E w ^ °¢ �C E L° E` , m m y a s u 0 °° ` C E 1 B 3 l4 6 ry m Y o i m o o v g E z N x v ¢ v u v 3 6 u 3 Q o E ry E E A 3 = g o m u C Ev 75 of o' um isg G .pi v 03 ° avO1i vL au Em Elmo ¢Hlmo Eln tg vn tl°o hum s rtol L' s.mi uu °u'a> m \ / I � LA $ a 23A-22 a ! B \ � § } ( x( ;!° '4® '• )()0 •`» !|» �} - !a . ) �) 23A-22 CITY Y OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO:1-1SIPL 5063(155) NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance 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 10 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 other 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. BIDDERS are cautioned that mak'ng a false certification may subject the certifier to criminal prosecution. A V I Signed State of California County of Subscribed and sworn to (or affirmed) before me on this Iq day of IOE 20 (?by •14 lA /0 ,4-L- A" , proved to me on the basis of satisfactory evidence to be the peson(s) who appeared before me Notary Public Signature 'Notarial Certificate Attached r .�. HAFtOLDA IJTOMAKR.l comm. N2019155 3 NOTARYPUBUC &OALIPORNIA n LOS ANGELES COUNTY 2 Notary Public Seal 23A -23 P -13 of P-40 23A -24 CALIFORNIA JURAT 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 } COUNTYOF aS J Subscribed and sworn to (or affirmed) before me on this l day of p� l� a° 1-7 Date Month Year by IJQi D 74 L- -FAA 17-0 Name of Signers proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. r. . HAROLQ A� U ILL comm. A 2019155 3 NOTARY PUBLIC •CALIFORNIA LOS ANGELES courtly COMM. Exp. MAY 9, 2017 Signature: ' Signature of Notary Public Seal Place Notary Seal Above ------------------ --- ------ -- -- -- ---- --- -- - - ------ OPTIONAL ------------------------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /Vo Gcr Lu1In.J A rFd w r* Document Date: Number of Pages: Signer(s) Other Than Named Above: 23A -24 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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. 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 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. P -14 of P -40 23A -25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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: k / Title: V. President Firm: Alfaro Communications Constructionjnc. Date: P -15 of P-40 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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: 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 Apae hip Council. Signed: Title: V. President Firm: Aifaro Communications Construction,Lrc. Date: S/ /1=7 P -16 of P -40 23A -27 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) 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. 1,2 Signed: C - �a�.s`��� „/ / P\ Title: V. President I v Firm: Alfm•o Communications Construction,Lrc. Date: U% /7jt P -17 of P-40 23A -28 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 If the answer is yes, explain the circumstances in the following space. P -18 of P-40 23A -29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA -1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of the Specipl Provisions of this project. Signed Title Film A(/am Communications Construction,Inc. Date w/ Zt P -19 of P40 23A -30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder Alfaro Communications Construction,Ltc. , proposed subcontractor hereby certifies that he has subcontractor not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former.President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signed Title Finn Alfaro Communications Construction,lttc. Date P -20 of P -40 23A -31 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares unde enalty of perjury under the laws of the State of California that the bidder has _ , has not�een convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: Signec Title The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Firm Alfaro Communications Construction,Lre. Date q/,; t /l�— P -21 of P -40 23A -32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Signet Title Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Firm Alfaro Communications Coustructiouduc. Date G( / %/r- / % T P -22 of P -40 23A -33 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) TITLE 49, CODE OF FEDERAL REGULATION, PART 29 DEBARMENT AND SUSPENSION The bidder under penalty of pedury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Ce catr . Signed Title K President Finn Alfaro Communications Construction,L1c. Date Y/ ,Q/ /1 P -23 of P -40 23A -34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) NON - LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -t 'en hall certify and disclose accordingly. Signed Title V. Firm Alfaro Communications Constructionjitc. Date • Standard Form LLL may be obtained from Caltrans and FHWA offices. P -24 of P -40 23A -35 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -683 l CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) DISCLOSURE OF LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES ApRaedgovll / Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 a11Bap.16 ISen - er neon hu,rinn McNncum 1 1. T of Federal Action: 2. Status of eral Action: 3. Repo ype: a. contract a t dli rlappGcation a. inAal filing b. grant b. initial award b. material change a. cooperative agreement a post -award For Material Change Only. d. ban year quarter e. loan guarantee date of last report f. loan insurance d. Nam nd Address of Reporting Entity: S. If Reporting Entity in No. 4 is a Subawardee, Enter Name ❑ sleavrardaa and Address of Prime: Tier_ dMoivn: I o v� 3 btni f r••t�l' FlL �Ou�r1r10 C2o w.Vh w�nl v 1Lp�,.r GotM�bIN t C_A Ck D L'-� Con ressional District. iNumwn: Congressional District. ifknorn: 6. Federal Deparart`mentlAgency: T. Federal Program Name /Description: ` v \ `A CFDA Number. if applicable: 5 L rj o (.3 U S r� B. Federal Action Number, iflmmrn: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (khcuding address if (ifindiidua1, last ram¢ Fi frlame. All): ditfererl hom No. Iga) (lasfname, frstname. All): "\ O( N \R I ffiti'm CantNirarm SmtaEISFLLL A rn[`:e 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): S N 1h ❑ attain ❑ waaaid ❑ a meat" ❑ b one-sire no ❑ c. carmotaaton 12. Form of Payment (check all thatapply)c ❑ a east, ❑ a enntagemt re n ' ❑ b. tnamq spedy: naune datmed value ❑ Cotner, speedy. 14. Brief Description of Services Performed arto be Performed and Dates) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: N \� lalb]h CCaMuNIDa Saec781 SF1tLt rine(Y 1S. Continuation Sbeel s SF -LLLA attached: Lj Yoe Pr1io 16. �—'' .0 n w...a.. . y u. r uaa . 11 M.6ara,. d Od1h0 v' �� b . eWYI em�Nla� W eC Signature: Prim Name: r. ,,.TYM.nbe.� rh.w1MM V r.,tu t.nn., m n.b Tate: V• / C. [� ( ,m.Ma.tN'9oYfLa. (bVO,- h....wY.a.tbwd�t.b Telephone No : !34o � bw-2g Dat: y 2l l ..^a,b. ✓L haa!hanAly Mr!a�bnt,m. hn rG4fmb ..v.n1.. Federal Use Only: AIISWLad fir Lord re0tam�om Gtae6ald rrsm lil ea.r4it P -25 of P -40 23A -36 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -683 l CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) INSTRUCTIONS FOR COMPLETION OF SF -LL, DISCLOSURE OF LOBBYING ACTIVITIES INSTRUC710NS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING )1Ci1VITiES TIS®saoaraefan atua De mnP mDy merepomrgernny,e tretrerem] xaaeear pare Feae(aireapmtat Qe Irmmm a n prof a meaea FlaenV arnat ua rowe=l WrNytpa pfenmamng, pan=t W=931 U= exam 1352 Tie amg u a tam Is regaeearu easpayrteraaagreenerem mw pa)membarrykrnym9enmytn Ire n9aatenTMgm avleeraem u a wWDyeeamyagmcy. a atem6eru CDngreaa, an omen a efrpmyeeu Me Gpme an Me Mnn)Ypefaeq=- --ref Cpn W miner12;Vy ar9fEFAFE6efafa�ba Use tre aun - rep=R&6In Me a'.I4�YI�tVDIm]�lnR Me aPane on me mrtn Is ImaegtraL^ canpem as 6eme mat applyfa D(mr Qe Wea nfrg ana m�nral rnxge report Reix b tre ImprelrF`rmng gtrldame plmtdDea Dymearme m nta�nvst am Eeogelmrataumall2anatlm 1. bentJry melype Or CDeeraa Feeera amm ml utWllm:ylrtJ arnxry n aabf ma Deen 6eCae0 mbrallile tre anI!!r{e ma mr'xea FQP2ra TJan. 2 alt�Y [reHaul9#Qeeoreee Feaaal aam 3 efavv)•me apprgzlakmx•� –r umsreport rtQttaarouoarprepmraeeepy aQaknauuaJamthe naamnbt prewimntyreportMe" iDe yeaaMbdatefln rmTfneUwge ommFC. Fula Ile Qakot me IatpreNmYywantlearepat Dyms ryaC.ng ereDymrttu° mratlFMerd YNOi 4 Etnaree tlO tame,aaaeaa, aly, SateaMr$m0 ^_ W QereWR- '9�Y.It�FJ20DRye6HaW I1H+kLQ amvar CMrl IAe aPPr4�edsacmr�m a1Qer¢ papg( rNlypuf0eHqulesQalS. Qe�pecleb0e ,apM1�evarp:aareCj[enLlaeNSyfM txrYtM CtGiwaraee,eg -me Vst Wp]xxaee Ht11P prone a re iH pen SiBnaamaTrael2 as ae IFC krIIeab ramamDala. armgrarn ammrltrxl ara05UMefg3'� S e me ugntrarmOtng tre repel m a&n a rteca6 �rDaxaO<�e: mn enYr tre ilt9 ru=e. alaeaS crq, brae ana aP race u re Pam FeOHdI rewpwL MweCm9eaama 0vj%L Q arrlerl. fi ErMef mensrieccm6 FCOFIdIaQatlnyfmQglM aaaaaloarmartmem llGLDaakasAa�org, rc>: mmveaarieelD 1eagarryrfane.Qanasn Flr co=pe, DcpadDprtof Tran¢paffiaallMiW Dtae6 C=at GdSa ]. Fl�ftM Feaerapm9arnnanem 026^ l�'.blmrtQeCV12nVFe633�a�41{32n 1 }QCIOan 2REf'J1eM C3ile9n1 Fe621a1Dm11S:C w�... _ (CFOA /nunoerma grans. mapmme ajt mwT ,wn� mtiicm� &FJaeftre IMN=eOmP a(e.¢ReWe0 "Pngmt(RFP)nr r. bWafon to EN JIFS) nemaa. gran amaFlamalt newer, me CV&aM gent a bat awra rams= Qie appj=M Propad: rmtrol rrclmxr aSWgneCMme Fe0aa1agency) Dmlaepre*meg,•RFP -oES v 9. Fb a rINereOFMeralaalar rDereMOelQS Oeenan �aa m � t>arerc>,7>�n>y iDe FNaal xprcy,mtef me Fe0.rel aneua RDIe awaratfavl Dafrmmian mane Pr=e maylauaeell to Crete or S to. (a)tTta newt name, ales -esc. HIF. Gale arJ ap mac utne bWyng et�y aa}a3ea Dyne rgvum) enety pxnmteatn Item e b p5w�a�e ire anerea Feeera0aalaA Mw 1D) tMfaln3nes Mine InOYleml(a) PafamtngaPla`12a. Yra INYYtai aaaess ROLTa6e Dan 10 (a) FJQeraa9 tome, First PLPrv_ arb write Intal4stt). f e. tJnatne an i ntwmm)anaarmpaa a reasmadyeFye�Im De pallpy De repermge=y(�<1 m memw)ingenmy(nem 10} lnmaterremer me Payments= Deen ffWle lax )or rn m Inve(parr)w Clem a Dozes=appy. rt inn n a macro cnmge report mkr me amv=we a,•nm3 a pa)mmt maQe fa panned m m rave. tz aeattne appanpmtepm(es).rnat at mractmtappy.e payrreNn vasvrrvgrAan m- uraamalmcon,epecny tre.uavearw raaleutna soli perm rC 13 Ctr_rJ ere appmpmW teges). C as D . mM appry. Qwwer, Peary r..,n..e in Pvamea ay><ema amlarapeewHrptlrea 0ea2rM'CGt101tD21w [ g'q nu p2�rnm0,a ulece egectmmpermrm, and mem z:slDi afryarrNxa rvaer2d InGPJe ae preparaayan0 relale0 aaNlly. nm Iu:i yme 6PeM m a'.4fa1 most Pnn Frb, d a1lrl�tr 1eeMTy ire Feaerd oM=4s) a err;wy=es) cmaaee litre oei>2f(a1 em.PDy2cfaJ• uatemceg� uearcy. += Dar were rnrcaa2d 15. Cn• <a xte:fgm wl a SFt1tA CmLLimlarGMey's) h a:rfeC. 16. Te cer -mg== stall ngi an0 date Me- fmt pVat f=t`' none,= ale eleporone mm�r . Raavlrgmite PaperanM1ReauSnnACt as atrc' neednDPersrrsarefegnreebs2& pmMmawDxtlen orVa^.am�mimieesnnt6plafsawYle GALE CDrJra NmrmCi Te wVd 0A1b ¢rNDI.a mr mS mmnrHlm m10Yan 6 Only tax Qt_500:6 WQL- mp=,.g Doreen ml ma mreamn ra mDr 'M esw=eato aver3ga30 rM e6 per respm6G latmag Von mf mleang malr=ms, r eam" Mutrrq mm caries, gc:nmng an0 mart alrlry ma cab re~ae66 Q, as mmakorg eta re.lerfngme ouecem of tAiAnru6m. sera amcr:aits mgwdrg the Wm i eWD e u any Drier a:-pea or vas mtewm a rrtamaw2 muHrg algg 00%mr lea W s DUO k ID Ire Oc.a a 6¢mger wA EDmqlL Paprsrrin 1LeO w Pr0im (Ob W61 al =nro r 0C2WZ'3 P -26 of P -40 23A -37 t,3tyl l�xl3 CITY OF SANTA ANA PROPOSAL PROJECT NOA 5 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EXHIBIT 15 -G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 3.57% 3. Project Description: Installation of rapid rectangular flashing beacons, signage, striping, sidewalk, bulb -out, curb and gutter. 4. Project Location: Multiple Locations b 5. Bidder's Name: Alfaro Communications Construction.lnc. 6. Prime Certified DBE: G 7. Bid Amount: /y 22.2•.0 50 8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors: 10. Bid Item Number 11 Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be cortifled on the dale bids are opened) 14. DBE Dollar Amount tafq e'l°�rtcr�lr,r.0�w:oJo gZo C Cpjr°m"t Carl �` f o0 aa- ` ) //G$ ytoo ` MO "A L o1.1. CA 86141 Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION ,,tt $'72(000• 21. Local Agency Contract Number: �� 2 22. Federal -Aid Project Number: HSIPL 5063 (155) 23. Bid Opening Date: 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on this form Is complete and accurate. 25. Local Agency Representative's Signature 26. Date "Subcontractor List' submitted with your bid. Written confirmation of each listed DS s required. A r ee S ore 17. to 1 °,tc r Y 310 - 669 -8949 27. Local Agency Representative's Name 28. Phone 18. epa , Vgame 19. Phone V. President 29. Local Agency Representative's Title 20. Preparers Title DISTRIBUTION: (.Original - Local Agency 2. Copy - Caluans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in dc- obligation of federal funds on contract. include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 6548410 or TDD (916) 654 -3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. P -27 of P -40 23A -38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) INSTRUCTIONS — CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency -Enter the name of the local or regional agency that is funding the contract 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location -Enter the project location as it appears on the project advertisement 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder's Name - Enter the contractor's firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for dte prime contractor. 8. Total Dollar Amount for LL Subcontractors —Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non - DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors —Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non - DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor's own forces, if the prime is a DBE. If 100% of the item is not to be performed or famished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor's name mid phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided- Include the prime contractor if the prime is aDBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - S: Enter the total dollar amounts entered in the "DBE Dollar Amounf' column. %: Enter the total DBE participation claimed ("Total Claimed DBE Participation Dollars" divided by item "Bid Amount "). If the total % claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15- H DBE Information - Good Faith Efforts of the LAPM), 16. Preparer's Signature - The person completing the DBE commitment form on behalf of the contractor's firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor's prepmer. 18. Preparers Name - Enter the name of the person preparing and signing the contractor's DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 20. Preparers Title -Enter the position/title of die person signing the contractor's DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal -Aid Project Number - Enter the Federal -Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete mid accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the contractor's DBE commitment farm. 28. Phone - Enter the area code and phone number of the person signing the contractor's DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor's DBE commitment form. P -28 of P -40 23A -39 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EXHIBIT 15 -H DBE INFORMATION — GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS Federal -aid Project No. HSIPL 5063 (155) Bid Opening Date April 18, 2017 The (City /County of) Santa Ana established a Disadvantaged Business Enterprise (DBE) goal of 3.57 % for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders'should submit the following information even if the "Local Agency Bidder DBE Commitment" form indicates that the bidder has met the DBE goal. This will protect the bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the "Local Agency Bidder DBE Commitment" form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled "Submission of DBE Commitment" of the Special Provisions: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement Please see attached B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Follow Up Methods and Dates Solicitation Please see attached P -29 of P -40 23A -40 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) C. The items of work which the bidder made available to DBE firms including, where appropriate, any Breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item Items M Of (YIN) Contract Please see. attached D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Please see attached Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: P -30 of P -40 23A -41 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: Please see attached G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firths (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency /Organization Method/Date of Contact Results Please see attached H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. P -31 of P -40 23A -42 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EXHIBIT 12 -B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) — PART I PART The bidder shall list all subcontractors (ball DBE and non -DBE) in accordance with Section 2 -1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Local Assistance Procedures Manual Exhibit 11 -B Bidder's List of $ubr.Wvart.n (DBE and NO \.DBE) Exhibit 12 -B Bidder's List of Subcontractor (DBE and Non -DBE) As of Much 1, 2015 Contractors (and sub- comranors) wishing to bid on public mmic; contracts shall be registered pith the state Division of htdu5trial Relations and certified to bid on Public works contracts. Please register ar. https! // efiling .dir.c.gov /PWCR /ActionSenletl action= disolayPWCRegistrationForm In accordance with Title 49, Section 26.11 ofthe Code fFederal Regubtious, And Section 4104 of the Public Contract Code of the Slate ofCardoraia, as amended, the fnnoning information is required for each sub - contractor who will perform work amomting to more than one lmlf of one Percent (0.5%) of the Total Base Bid or $10,000 (wiiichereris¢remerl. Phobcom lhir form foradditionalfvm Subcontractor Nameand Location nne Rem Si Description Subcanbad Amount Percentage of Old Rem SUb rontrarted Contractor License Number DIRR¢ Number DBE (Y /N) lanced Nmnber Annual Gross neelpts Name: dI "Ren a5 mnuon city. State: d10mi1BOn Lj dls mii0on e mf Nam Name: -' almllum a5mnlion city, State: 0 d1OmRlion Lj a15 millimn Ageotilsm: Yes. Name: dl 22% ds milnon Gty, State: Ll 610 million -$15 miillun Ageof Finm M. Name: 61 milrron as million Oty5tate: LJ a30 million a15 million e of Fnn: yes. Name: almilnan a5 mlllbn city, State: d10 million Lj dl5milumn Age of Flrm: m. Name: dl mlllbn as ran an City, State: d1D million d15 million Age of R. W. 1) Original -Local Agency File 1)Eopy -OIAEw /Award Package Page 1 of 1 September 2016 P -32 of P -40 23A -43 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EXHIBIT 12 -B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND NON -DBE) — PART II PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Local Assistance Procedures Manual Exhibit 12 -B Birder's List of Subcontractors (DBE and \OS -DBE) Exhibit 12 -B Bidder's List of subcoun•aclor (DBE and Neu -DBE) As of March 1. 2015 Contractors (and snb -contractors) nishing to bid oa public w'osks contracts shall he registered pith the State Disision ofIndustrial Relations mid certified to bid.. Public Works contracts. Please register at: hnps: / /efiling.ditca. Roy/ PWCR/ ActionServlet7 ac tionmdisplayPWCRegistrationForm In accordance with Title 49. Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the sure of California. as amended. the following information is required for each cob- contmctot svho mill perform work amounting to more than om half of me percent (0.5:0) of the Told Base Bid or 510.000 (witicheveriseresurl. Phufocom' Ibis farm foradditioual firms. Subcontractor Name and Location Bne Item & Description Subcontract Amount Percentage of Did Item Sub contracted Contractor theme, Number DBE (Y /N) DBECed Number Annual Gross Recelpts DIR Reg Number Name: al nallion' 65 MIIbn cry, State: 64 610 mllllon b15 million Age of Firm• Name: 0 b% million tie Mlllon City, State: y^IO Mlllon <$15 million e of nnn: Name: :1 02 65 mOgon d$X million C ty, state: 615 million Age of Flml: _ yrs. Name: _ <1 mill $5 milliion on Cry, State: L.J 6%C million <$15 mllllon ApeofF,mirs, Name: dl million 65 mil on Cry, State: d10 million c515Mlllan Age of Finn: yrs. Name: I LI dl mllllon 65 million Gty, State: <510 mlilion 615 mllllon e of Firm: yrs. Distribution: 1) Origlral -Local Agency tire 2) Copy-D[-AE w/ Award Package Page 1 of 1 September 2016 P -33 of P -40 23A -44 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, d contract performance, or noncompliance by a subcontractor. Signed Title Firm Al%aro Communications Constructionjim Date W , Z ( , k I P -34 of P -40 23A -45 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) EXHIBIT 16 -B — SUBCONTRACTING REQUEST Local Assistance Procedures Manual Exhibit 16 -B Subcontracting Request CO\: v1ROF N.lA1E Al aro Caluaanlcations Constraction,6re. """Prange ROI,'fE BU.iLVCb AOORE"l. 620 S. Bradfield Avenue COYSRACi \W6IIt 15 -6831 C=A STAU Complon , CA 90221 zmcwE BIDBFALAIOPRO1BC3 i\{T:1mER NSIPL 5063055) 6UECO:IIIGCfOR n'AX[.ELSIALY.AWIiR flKiYF) Sm liDl :.mim; Ii) T'ERCINfAOEOF BID 1T31[ 51.4CO.VFRiCTOR Ciicr.Rff {'Sr CAnaXVXBnnn') 1 - 3 D35C ZIVORr: IVHDILMST} 100`.0MCA I:S 51FBCO.virNCiry DOLURA.�IOGTIrgAZD 04 T SBDAIFOV\T , In. e_____ _ _•____.. _ _ ___ I ratify Unit: • The Standard Provieimv for labs r set foiUa in the contract apply to UFe subcontrAcled work • If applicable, Form FFM'A -1273 cf the Special Provision: love been irnerted in the subcontracts and shmdd be incorporated in any lower-tier subcontract. Written contracts hate been executed for the aline wted sul cmtracted 1. Totalefteidite>ro 2. Specialty fimcpnnaou :lyap cvW(dapplicable, cee Note in Ue imtruceme) 3. Spaclaliyitents dd:rryuct(d applicable, see Dote In the inatruNme) a. Total (Unes2 +3) S. (line, l nd=4) x 6. Eaditempm10nslymbcc%!xWed 7. But (ads request) S. Total(bnes6+7) 9. B.+larze Mamk nmtractm [opetfmnt(hrws, l ndnu:61 5 6 6 5 Page I of 2 July 2016 P -35 of P40 23A -46 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) Local Assistance Procedures Manual Exhibit 16 -B Subcontracting Request INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All First -tier subcontractors must be included on a subcontracling request. Submit in accordance with Section 8 -1.01 of the Caltrans Standard Specifications. Type or print requested information. Information copy is to be retained by the contractor. Submit other copies to project's Resident Engineer. After approval, the original will be returned to the contractor. When an entire item is subcontracted, the value to be shown is the contractor's bid price. When a portion of an item is subcontracted, describe the portion, and show the % of bid item and value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS. Prior to submittal of a DC -CEM -1201 involving a replacement Subcontractor, submit a separate written request for approval to substitute a listed subcontractor. Section 4107 of the Government Code covers the conditions for substitution. Submit a separate written request for approval of any DBE/NME/WBE/DVBE substitution. Include appropriate backup information and state what efforts were trade to accomplish the same dollar value of work by other certified DBE/MBE/WBE/DVBEs. NOTE: For contractors who will be performing work on railroad property, it is necessary for the contractor to complete and submit the Certificate of Insurance (State Form DH- OS -AIOA) naming the subcontractor as insured. No workshall be allowed which involves encroachment on railroad property until the specified insurance has been approved. Page 2 of 2 July 2016 P -36 of P -40 23A -47 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) The undersigned, is submitting this proposal for perforating by contract the work required by these bid documents, certify to comply with the following: a. Contractor'sNotiftcation Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Engiteer's fitvestigation and Decision Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both Signed Title V. Firm Alfaro Communications Construction,Btc. Date y— 221 -- 1�+ P -37 of P -40 23A -48 CITY OF SANTA ANA PROPOSAL i PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) I BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 s sho ' the special provisions of this project. Signed Title Finn V. President Alfaro Communications Construction,Irrc. Date H , 2( —1 q P -38 of P -40 23A -49 CITY OF SANTA ANA PROPOSAL PROJECT NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) NEPA COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Categorical Exemption/Categorical Exclusion Determination Form including and not limited to the National Environmental Policy Act (NEPA) requirements and environmental commit ents found in the appendix of the Contract Documents of this project. Signed Title V. President Jr, Firm Alfaro Communications Constructioylnc. Date 4112-iii P -39 of P-40 23A -50 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJECT NO: HSIPL 5063(155) TMP COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Traffic Management Plan (TMP) commitments found in the appendix of the Contract en of this project. Signed Title V. Firm Alfaro Communications COAShWCtion.LnC. Date P -40 of P -40 23A -51 CITY OF SANTA AIWA PROPOSAL PROJE(' F NO.:15 -6831 CROSSWALK UPGRADES - PHASE I FEDERAL PROJF'CT NO: IISIPL 5063(155) BID BOND KNONV ALL PRESF..NI' that Alfaro Communications Constriction, Inc. as BIDDER. and _Endurance _Assurance -OorWmtion as SURETY, are held and firmly hound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Tep pemu of Sid-Antount Dollars (5 10% _), 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 hound, 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 it 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 fill] force and effect in favor of AGENCY. IN WITNESS WHERL OF the patties hereto have set their names, titles, hands, and seal this _ 18th day of _ tit it 20 17. 111DDFR' Yung T. Mu ck, AttoiTrey- in7fact Subscribed nd sworn to before me ,1"o A. u-r ., eI: %61•'r this �2 O day of P (' .20 17 Signature: / /� Notary Public in and for the County of 65 24 �tiTi ul , State of (4 u..•=-vtz ,VIA- " Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. Bidder: Agent: Alfaro Communications Construction, Inc. The Bond Exchange and Insurance Agency 620 S Bradfield Ave, Compton, CA 90221 24800 Chrisanta Drive, Suite 160 714- 669 -8949 Mission Viejo, CA 92691 949 -461 -7000 Surety: Endurance Assurance Corporation 4 Matthattanville Road, Purchase, NY 10577 415 -500 -5028 P -9 of P -40 23A -52 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § llag 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 LOS ANGELES ) On P/zlL o2-DZ .2,0 (7 before me, HAROLD A. UTOMAKILI , NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared m�V�A / 1I4[ 7W,6 2- Name(s) of Signer(s) 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), or the entity upon behalf of which the person(s) acted, executed the Instrument. 1 certify under PENALTY OF PERJURY under the laws HAROLD A. UTOMAKILI of the State of Cal'rfomia that the foregoing paragraph COMM' #2! tb15B is true and correct. NOTARY PUBWC CALIFORNIA Y LOS ANGELES COUNTY WITNESS my hand and official seal. Comm.:xp. MAY 9, 2017 Slgnattu7e' Signature of Notary Public 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 Docurn"A Title or Type of Document: Document Date:I Signef(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General • Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association - www.NationaiNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 23A -53 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 y County of Orange On April 18, 2017 before me, Robyn R. Kargari Notary Public, Date Insert Nams of Notary exadly as II appears on the offidal seal personally appeared Yun T. Mullick —_ Narre(s) nF elgner(s R. KARGARI 1 OD106�:�RMN COMMNQ ARYFUORANGwtYCON;1.EXi'.JUN[1.1 ®� Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 pon person(s), or the entity u beh i f 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 ha fficial sea Signature/ si ao aryPu IC obyn . argari 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: April 18 2017 __ Number of Pages: Signer(s) Other Than Named Above: None Capaclty(ies) Claimed by Signer(s) Signer's Name: Yunn T. Mullick ❑ Individual ❑ Corporate Officer — Title(s); ❑ Partner ❑Limited ❑General d Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: EL1dyCpnca Assurance _ _Qiporation Top Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): El Partner ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 23A -54 ENDURANCE ASSURANCE CORPORATION POAA000007213 157 POWER OF ATTORNEY 2Cnom dl[a%r! 6y these Tresent, that ENDURANCE ASSURANCE CORPORATION, a Delaware corporation (the'Conporai with otdea 614 Menhaltanvllle Road, 3rd Flow, Purchase, NY 10577, has made, constuted and appointed and "m presents, does make, sources and appoint YUNG T. MULLICK, JAMES W. MOILANEN Its true and lawful Atomay(s)4ni at MISSION VIEJ0In the Stale of CA and each of them to have full power to set without the other oralhers, to make, execute and deliver an Its behl as su Attw sui8(pJgppds and undertakings given for any and all purposes, also to execute and deliver on its behalf as efomsald reormil, extensions, agreements, waNem, cogeAh rk)pfll9'I(G{(sjq 6114 such bands crunderlalUnga provided, ocwew:r, that no single bond or undersaking so Maria,executed and delivered shall obligate Ad CorporaUCny�anypolt6agi:Qteap ma pu�tOereaf In excess of the sum otTEN MILLION Oopara ($10,000,000). I executed by said allnmey(s}lil shall be Nndmg upon the Corporallon as luhy and to the same extent as bell by rested by Its Corporate Secretary. i remlulJons adopted by the Board of Directors of the CorPoraVon by unanimous written consentan bill of January, 2014, 'Certiricculti rider and by authority of the timing resoMbn adopted by the Board of Directors of the CorporatlanbyunaNmouswdtten xe been revoked, amanded or repedock RESOLVED, Ci3luj§rN`tthg iwlErstl medical pursuant to certain resolutions adopted by the Board of D'eec[ors of the Corporatcn by mumbaus written connection January9 ,2014, IN slgnaura of sucVIreectareend ottkers and tine seal of the Corporation maybe affixed to any such power of attorney or any ceRficate relaWg Thereto by fasli ft and any such power of all or&Nricele bearing such famirNle signature or seal shall be valid and binding open the Corporation In the future with respect to any bond a underthe" to which it Isadaohed. This Power at Attorney shall expire and all i uthai thereunder shall terminate whhout notice at nidnight(Standard Time Mind said attanayjsHmfactis aulhodzed N act) December7,2019 IN WITNESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate Mal to be hereunto affixed and attested this30th day of January, 2017 at Purchase, New York. (Corporate Seal) ENDURANCE ASSURANCE CCRPORATION ATTEST - /JRc[ ry By MARIANNE L. W (BERT, SENIO`RVV-IICCEPPRESIDENT SHARON I. SIMS, SENIOR 'ACE PRESIDENT�' STATE OF NEW YORK sx PURCHASE COUNTY OF WEITCHESTER J On tse 30gtnoRy oM uxr,Riy, aF e(qr are personalty came SHARON L. SIMS, SENIOR VICE PRESIDENT tome known, who being by me duly swam, did depose and say that (S)horeside9if Gl �.`(9j(Lp,Jry$ :AE16 JERSEY that (s)ho Is a SENIOR VICE PRESIDENT of ENDURANCE ASSURANCE CORPORATION, the Corporation described In and whkrdof is le�afgw nsGudlent;,iffdl(6 knows the seal of mid Corporation; that the seal armed d sad Instrument Is such corporate seal, that It was so affixed by order of the Roach of 'reEmkrtofJ d 1pg�IllmidMat(s)he signed his (her) name thereto by like order. (NOten�Beary �+3 Ne KdBL+kT; NICHOLAS JAMES SENENATI, Needy Public- My Commission Ex;lies 1207/2019 y r CERTIFICATE STATE OF NEW YORK as: PURCHASE COUNTY OF WESTCHESTER I, CHRISTOPHER DONELAN the PRESIDENT of ENDURANCE ASSURANCE CORPORATION, a Delaware Corporation (the'Corporaton), herebycedly; 1. That the original power of attorney of which the foregoing Is a copy was duly executed on behalf of the Corporation and has not since been Invoked amended or ma0fied; that the undersigned has compared the foregoing copy thereofvAN the original powerof attorney, and that the same is a true and tonal copy of theorlginal power of attorney evil of the whds thereof; 2. The following are resolWons which were adopted by the Board of Directors of the Corporation byumunMOus written mnsenton January9, 2014 and sold resolutions have not since been revoked, amended dro otll0ed: And belowis aWerized to make, execute, seal and dellverfor and on behalf of the Corporation any and all bounce, und&taNngs or CHRISTOPHER DONELAN, SHARON L. SIMS, MARIANNE L. WILBERT a is authod]ed to appoint attameysllHact(athe purpose of making, executing, seating and delivering bond, undertakings of ma Corporation.' 3. The undersigned rrsyy tif2s that did $, 0 resolutions anshe and correctmplasof the resolutions as so recorded and ofgre whale basset IN WITNES9gJkEREOF, �treva hereunto Amy hard and affixed fire corporate seal this I g/* day of Arri I , 20 ( r Q (COrporam Sea$$Q`��'.s'.- `1�'+'.r CHRISTOPHER DONELAN, PRESIDENT Aarrwrwwolkm. re,waa. Pdrtary 3nely Clekna $ubaYaJm; suretybmddalms @mdurerceswvlcea.own Surety alrma Hotline :6R8]a -]Si6 Meting PdLcs Gduarw 6anRy('4sirne 9eparYrenl,26a iAW Avenue —fan Flow, then Yolrt, NY foot] 23A -55 23A -56 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 15 -6831 CROSSWALK UPGRADES This CONSTRUCTION CONTRACT is made and entered into this 16th day of May, 2017 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 "CITY "), and Alfaro Communications Construction, Inc. (hereinafter "CONTRACTOR "). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR 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 Crosswalk Upgrades Project (hereinafter referred to as the "WORK OF IMPROVEMENT ") 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 the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and 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 Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Two Hundred Twenty -Two Thousand Fifty Dollars ($222,050.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The 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. rev. 12/20/2016 23A'57 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT 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 WORK OF IMPROVEMENT 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 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. 7. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20 %) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10 %) of the final contract price. 8. 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. 23A -58 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOUR FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA ROBERT CORTEZ Deputy City Manager CONTRACTOR: Alfaro Communications Construction, Inc. MAYRA MARTINEZ Vice President & Secretary 23A -59 Page 3 of 3 23A -60 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 15 -6831: CROSSWALK UPGRADES - PHASE I Construction Contract $ 222,050.00 Contract Administration $ 10,755.00 Inspection and Testing $ 33,655.00 Contingencies $ 33,540.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 300,000.00 EXHIBIT 4 23A -61 23A -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: PURCHASE AND SALE AGREEMENT WITH NET DEVELOPMENT CO. FOR THE SALE OF CITY -OWNED REAL PROPERTY AT 2129 NORTH MAIN STREET (STRATEGIC PLAN NO. 3,3C) CI NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on lb' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Q&t& . ceCY7 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Net Development Co., for the sale of City -owned property located at 2129 North Main Street in the amount of $2,075,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 20, 2016, the City Council authorized the negotiation for the sale of City -owned real property at 2129 North Main Street and entered into an exclusive negotiation agreement (ENA) with Net Development Co. for the purpose of developing a hotel on the property. Santa Ana Municipal Code (SAMC) Section 2 -709 allows for the direct negotiation and sale of City- owned property without the need for a public auction or competitive bidding, upon a 2/3 vote of the City Council. The ENA required obligations of the developer to be satisfied before the City moves forward with selling the property for development of the hotel. These obligations were: a) A complete development application with payment of fees (Completed and currently being reviewed by Planning) b) Proposed zoning changes (Not applicable) c) A good faith deposit of $90,000. These funds will be moved to escrow during the sale process. (Completed and held in a City account) d) A written commitment from a recognized hotel chain (Completed) e) Proposed financing plan (All private funding) f) A preliminary financial analysis (Completed) Proposed Conceptual hotel renderings are attached as Exhibit 1. 25A -1 Purchase and Sale Agreement – 2129 North Main Street May 2, 2017 Page 2 The next step in the process is to enter into a Purchase and Sale Agreement with Net Development Co. (Exhibit 2) to develop the hotel. The appraised value for the parcel is $2,075,000 which Net Development Co. has agreed to. The purchase and sale agreement has been drafted to ensure a high quality hotel is developed in a timely manner. Tourism remains an important industry sector that Santa Ana needs to continue to invest resources into. The proposed hotel's proximity to the 1 -5 freeway, the Bowers Museum, MainPlace Mall, and the Discovery Science Cube make it a premium location to enhance the future growth of these city amenities and the tourism industry in Santa Ana. The development of a hotel at this location will also add a public benefit through the increase of Hotel Visitor Taxes (HVT). This increase will help fund local services such as infrastructure — improvements, new public parks, environmental preservation, and increases in public. safety_for-_- - _ _ residents of Santa Ana. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #5, (Leverage private investment that results in tax base expansion and job creation citywide), Strategy A (Identify and market underutilized properties [city and non -city owned] for new development that will create new jobs and expand the City's tax base). FISCAL IMPACT The purchase price of the City -owned property located at 2129 North Main Street is $2,075,000. Pursuant to the Execution of the Purchase and Sales Agreement, Net Development Co. will pay the City a total amount of $1,985,000 which will be deposited into account no. 01102002 - 57071. In addition, the "good faith" deposit amount of $90,000 currently in account no. 01101001 -21671 which Net Development Co. paid to the City when the Exclusive Negotiation Agreement (ENA) was executed, will be reclassified and recorded into account no. 01102002 - 57071. The Sale and Purchase of said property will be completed and funds will be reclassified and recorded upon the close of the extended escrow which requires all entitlements to be completed and the date which the Grant Deed conveying title to the Property to Net Development is recorded. This project will require an Environmental Review process which may take up to 18 months. Therefore Net Development anticipates the extended escrow to close no later than fiscal year 2018/19. 25A -2 Purchase and Sale Agreement — 2129 North Main Street May 2, 2017 Page 3 Transactions Amount Account No. Reclassified From Account No. Recorded To Fiscal Year Reclassified and Recorded Purchase and Sales $1,985,000 N/A 01102002 -57071 2018 -19 Good Faith Deposit $ 90,000 01101001 -21671 01102002 -57071 2018 -19 TOTAL: $2,075,000 Hassan Hagha i, AI Executive Director Planning and Building Agency HH:MM:rb RB \Reports \Purchase Agmt Net Devel 2129 N Main APPROVED AS TO FUNDS AND ACCOUNT: X fq/ Francisco Gutierrez Ee Executive Director Finance and Management Services Agency Exhibits: 1. Proposed Conceptual Hotel Renderings 2. 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El - -�- � --- �-- - - - - -- 2BUIS An 25A- r9.. 25A -8 iS iS x f 6 3 � gE iS j 4433SS v s ' { 25A -9 a g W 25A -10 SALE AGREEMENT AND ESCROW_INSTRUCTIONS This Sale Agreement and Escrow Instructions ( "Agreement ") is entered into on May 2, '2017 ( "Effective Date ") by THE CITY OF SANTA ANA, a California charter city and municipal corporation ( "Seller "), and NET DEVELOPMENT CO., INC., a California corporation ( "Buyer "). Buyer and Seller are hereinafter individually referred'to as a "Party" and collectively as the "Parties." RECITALS A. Seller is the owner of real property in the City of Santa Ana ("City' ), County of Orange ('`County"), State of California, located at 2129 N. Main Street (APNs'003 -I 13 -80 & 003 -113 -81) and described and/or depicted in Exhibit "A" ( "Property "). Seller and Buyer have entered into an Exclusive Negotiate Agreement dated September '20, 2016 concerning the Property (the "ENA "). B. Seller desires to sell the Property to Buyer; and Buyer desires to purchase the Property from Seller in accordance with the provisions of this Agreement at fair market value for the development of a hotel project consisting of a Hampton Inn, or equivalent, or higher rated hotel and an associated digital freeway billboard sign limited to advertising of occupants of the Property and community services within the City at the request of the City, subject to City approval under proper permits (the "Project "). THEREFORE, Seller and Buyer agree as follows: Purchase and Sale; Purchase Price. 1.1 Purchase and Sale. Seller shall sell the Property to Buyer and Buyer shall purchase the Property from Seller subject to the terns and conditions set forth in this Agreement. 1.2 Purchase Price. The purchase price of the Property is TWO MILLION SEVENTY -FIVE THOUSAND DOLLARS ($2,075,000.00), which amount was established as the fair market value pursuant to an appraisal procured by Seller. 2. Escrow. 2.1 Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, the Parties will open an escrow ( "Escrow ") with Fidelity National Title Insurance Company, 1300 Dove Street, Suite 310, Newport Beach, CA Attn: April Palmer ( "Escrow Holler') for the purchase and sale of the Property. The "Opening of Escrow" shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder. Escrow Holder shall confinn the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement which may be required by Escrow Holder. As between the Parties. Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow instructions required by Escrow W1:IWkvr 25A -11 Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow. Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder. 2? Payment of Purchase Price. The Purchase Price for the Property shall be payable as follows: 2.2.1 Deposit. Buyer has made an Initial Deposit (as defined in the ENA) of NINETY THOUSAND DOLLARS ($90,000:00) pursuant to the ENA. Within ten (10) business days following the execution of,this Agreement by the Parties, Seller shall deliver to Escrow Holder, by wire transfer or other immediately available Rinds the remainder of such amount after debiting such amount pursuant to the ENA. The balance shall be referred to herein as the "Deposit ". The Deposit shall be placed by Escrow Holder in an interest bearing account with interest accruing for the benefit of Buyer. 2.2.2 Feasibility Consideration. Notwithstanding any other provision of this Agreement to the contrary, One Hundred Dollars ($100) of the Deposit ( "Retained Amount ") shall, upon-delivery to Escrow Holder, be non - refundable to Buyer for any reason other than a default under this Agreement by the Seller. The Retained Amount is consideration to Seller for holding the Property off the market during the Feasibility Period and granting Buyer the right to acquire the Property in accordance with this Agreement, if Buyer approves the Property during the Feasibility Period. The, Retained Amount shall be released to Seller upon the opening of Escrow. Notwithstanding anything to the contrary in this Agreement, any provision of this Agreement entitling Buyer to a refund of the Deposit shall not include the Retained Amount, except in the event of a default. by .Seller. 2.2.3 Payment at Closing. If Seller has deposited' into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the "Grant Deed" (as defined below) and complied with all of Seller's other obligations under this Agreement, then on or before the "Closing Date" (as defined below) so as not to delay the "Close of Escrow" (as defined below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the balance of the Purchase Price (Purchase Price less the Deposit and any other credits to Buyer tinder this Agreement) and (b) the Escrow closing costs pursuant to the preliminary Escrow closing statement furnished by Escrow Holder as provided below. 2.3 Close of Escrow. Subject to Sections 2.3.1 and 2.3 ).2, Escrow for the sale of the Property shall close on the date ( "Closing Date ") which is thirty (30) days after Buyer provides Seller with written notice that Buyer has submitted applications for and obtained approval from all applicable governmental authorities of the following: a general plan amendment; zone change; environmental; building permits; site plan approvals; streets, alleyways and rights of way vacations; and all other entitlements and /or discretionary approvals of any kind necessary to develop the Property for the Project (the "Entitlements "), and that all applicable appeal and challenge periods with respect to the Entitlements have expired with no appeal or challenge having, been filed, or if filed any such appeal or challenge shall have been finally resolved in favor of the original approval of the Entitlements. Buyer shall obtain said Entitlements within twenty -four (24) months of the Effective Date of this Agreement. Any request for an extension of this timeframe must go to the Santa Ana City Council for 2% 25A -12 consideration. As used in this Agreement, "Close of Escrow" shall mean the date on which the "Grant Deed" (as defined below) conveying title to the Property to Buyer is recorded. 23.1 Conditions Precedent to Buyer Obligation to Close. Buyer's obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 2.3.1. if any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other than a default by Buyer. Buyer may, in its sole discretion and without limiting any of Buyer's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller, in which case the Deposit shall be immediately refunded to Buyer. (1) Title Policy. Escrow Holder has issued or committed to issue Buyer the "Title Policy" (as defined below) showing title vested in Buyer subject only to "Permitted Exceptions" (as defined below). (2) Representations and Warranties. Each of Seller's representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow. (3) Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement. (4) Possession. Seller is able, at the Close of Escrow to deliver possession of the Property to Buyer in accordance with this Agreement and does so. (5) Moratoria. There shall be no action taken by any city, county or other public authority or agency ( "Governmental Authority ") or any vote of the citizens of the local jurisdiction (including without .limitation any moratoria) that would preclude, prevent, or delay Buyer fiom obtaining building permits, sewer pennits, water permits, certificates of occupancy or other development or occupancy entitlements for the Project to be constructed on the Properly ( "Public Development Limitation "); provided that the Buyer's inability to obtain approval of the Entitlements for reasons other than the occurence of a Public Development Limitation, shall not be viewed as a failure of this condition. (6) Legal Subdivision. The Property shall be a legal parcel or parcels under the California Subdivision Map Act that can be transferred by Seller to Buyer. (7) Entitlements. The Entitlements have been obtained. 2.3 .2 Conditions Precedent to Seller Obligation to Close. Seller's obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed below. if any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller's legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer. 25d -13 (1) Representations and Warranties. Each of Buyer's -representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow. (2) Buyer's Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required. (3) The Project and the development of the Property must conform to all City, and other applicable governmental development, land use and architectural regulations and standards. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for acquiring the real estate and entitlements within the Project. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. 2.4 Escrow Cancellation. 2.4.1 Charges. (1) Seller's Default. If Escrow fails to close due to Seller's default and this Agreement is terminated, Seller shall pay all Escrow cancellation charges. "Escrow cancellation charges" means all fees, charges and expenses charged' or passed on to the Parties by Escrow Holder, including all title expenses. (2) Buyer's Default. If Escrow fails to close dire to Buyer's default and this Agreement is terminated, Buyer shall pay all Escrow cancellation charges. (3) No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer shall pay any Escrow cancellation charges. The foregoing shall .not be deemed a limitation of remedies or limit any remedies available to either Party. 2.4.2 Deposit. If Escrow fails to close and this Agreement is terminated due to Seller's default or any reason other than a default by Buyer, the Deposit shall immediately be -returned to Buyer; provided, however, that the foregoing shall not constitute an exclusive remedy of Buyer. If Escrow fails to close due to Buyer's default and this Agreement is terminated, Seller shall retain the Deposit pursuant to Section .6 below. 2.5 Permitted Exceptions to Title. As soon as reasonably possible after the Opening of Escrow, Escrow Holder shall cause Fidelity National Title Insurance Company, in its capacity as title insurer ( "Title Company "), to deliver to Buyer and Seller a current preliminary title report ( "Title Report ") together with legible copies of all underlying documents referenced therein (together with the Title Report, the "Title Documents "). The term "Permitted Exceptions" as used in this Agreement shall mean all of the following: (a) the Grant Deed, including a restriction that the Property be used and developed as the Project, as deemed -4- 25A-14 permissible by the City, (b) non- delinquent real property taxes and assessments: (c) items and exceptions created by or with the written consent of Buyer, including• documents to be recorded pursuant to this Agreement and (d) the title exceptions shown on the Title Report but excluding any'(i) "Disapproved Exceptions" as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non - delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any material title exceptions ( "Disapproved Exceptions ") Buyer shall deliver written notice ("Objection Notice ") of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Both parties shall act in good faith and reasonably to resolve any material title exception issues. If Buyer fails to deliver an Objection Notice but delivers a "Notice of Approval" Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a material title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller's failure to respond to a Buyer Objection Notice shall be deemed such an election) Buyer's sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination and refund of all of the Deposit delivered into Escrow and all interest accrued thereon. 2.6 Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner's policy of title insurance with mechanics lien endorsement (Seller shall provide, any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) ( "Title Policy ") insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) ( "Buyer Title Costs "). Seller shall only be responsible for that portion of the cost of the Title Policy equal to the cost of a standard coverage title policy ( "Seller Title Costs "). 2.7 Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and /or third party claims of use or ownership. 2.8 Taxes, Assessments and Pro rations. 2.8.1 Taxes. All current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County. Seller shall provide Buyer with written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel ( "Assessment Parcel ") which as of the Close of Escrow remains unsegregated on the County Tax Assessor's Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and -5- 25A -15 assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer's name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller. 2.8.2 General. All pro rations provided for herein shall be on an "actual day" basis and a three hundred sixty -five (365) day year. The provisions of this Section shall survive Close of Escrow. if either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by Law. Any errors. or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate correction promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto . within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by Law. 2.9 Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If applicable, Buyer, shall also pay for the appraisal cost of the Property (collectively, "Closing Costs "). As soon as reasonably possible following the, Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller. 2.10 Recordation and Delivery of Documents. No later than 12:00 p.m. on the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below): 2.10.1 Grant Deed. One (1) filly executed and acknowledged copy of the grant deed on Title Company's standard form conveying time Property to- Buyer ( "Grant Deed "). The Grant Deed shall contain a restriction that the Property be restricted to the operation and development of the Project, as deemed permissible by the City. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible. 2.10.2 Withholding Exemption Certificates. One (1) completed and executed copy of the following: Non - foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099 -S, and California Franchise Tax Board Form 593 and any other applicable state tax witlmholding forms, as applicable. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the -6- 25A -16 Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller's counsel and Buyer's counsel. 2.11 Seller's Proceeds. At the Close of Escrow, subject to Section 2.13 below, Escrow Holder is directed to wire funds representing Seller's cash proceeds through Escrow to Seller.'.s account as directed in separate written instructions to be provided by Seller. 2.12 Cal - FIRPTA Withholding. Unless this transaction is exempt wider California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the "withholding agent" and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law. 2.13 Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller's affidavits or statements regarding mechanics liens and7or tenants or parties in possession. 2.14 Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property which the Buyer does not elect in writing to assume which termination shall be effective as of the Close of Escrow. 3. Real Estate Brokerage Commission. Buyer and Seller each represent and Warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys' fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indennifying Party,. respectively, in connection with this transaction. 4. Investigation by Buyer. 4.1 Feasibility. Within five (5) business days following the execution of this Agreement by Buyer and Seller, Seller shall deliver to Buyer copies of all maps, permits, applications, contracts, correspondence, studies, reports, appraisals and all other documents, materials or information of any kind that relate to the Property, whether in the possession of Seller or any agent or consultant of Seller (collectively, the "Property Documents "). Seller will immediately furnish Buyer with copies of any revisions or supplements to the Property Documents and will immediately furnish Escrow Holder and Buyer with copies of any revisions or supplements to the Property Documents. Seller shall deliver original versions of the Property Documents (to the extent available) to Buyer at the Close of Escrow. 4.2 License. Seller hereby grants to Buyer and its agents a nonexclusive license to enter the Property during the term of the Escrow for the purpose of conducting -7- 25A -17 feasibility studies, environmental studies and other physical examinations of the Property; provided that Buyer shall not be entitled to interfere with the activities of Seller with respect to the Property. Prior to any such entry by Buyer on the Property, Buyer shall deliver a certificate of insurance to Seller indicating that Buyer maintains general liability insurance coverage in the amount of not less than ONE MILLION DOLLARS ($1,000,000) with Seller reflected as an additional insured. Buyer shall comply with all applicable laws and governmental regulations in performing activities on the Property. Buyer shall indemnify, defend and hold Seller and the Property free and harmless from all loss, damage or liability (including without limitation reasonable attorneys' fees and costs of litigation) arising from the negligence or willful misconduct of Buyer, its agents and employees, on the Property, and from all mechanics', mateiialmen's and other liens resulting from any such conduct; provided that the foregoing indemnity shall not apply to any loss, damage or liability (a) to the extent caused by the negligence or willfiil misconduct of Seller or its agents or representatives or (b) caused solely by the discovery by Buyer of a condition or substance (but not Buyer's deposit .of same on the Property) including without limitation diminution in value of the Property. 5. Additional Agreements. 5A Buyer's Investigation. Buyer shall be entitled to conduct such independent investigations as Buyer deems necessary or appropriate concerning (i) Buyer's proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerting the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations (collectively, the "Regulations "); (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate (`BRE ") and all other governmental permits, approvals or acts (collectively, the "Permits "); (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property. 5.2 Warranties. 5.2.1 Seller's Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Property from Seller, Seller makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Buyer. For all purposes of this Agreement, including Seller's representations and warranties contained in this Section 5.2.1, the phrase "to the best of Seller's knowledge" shall mean the current actual knowledge of Seller. If prior to the Close of Escrow Buyer determines that any representation or warranty of Seller is untrue, inaccurate or incomplete in any material respect (and without waiving any of Buyer's rights or remedies hereunder at law or in equity with respect to any -S- 25A -18 material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Seller), Buyer may give Seller written notice of same and Seller shall have seven (7) days from the date of receipt of Buyer's notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) ( "Seller Cure Period") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Buyer's reasonable satisfaction. If Seller fails to make such correction within the Seller Cure Period, then Buyer by written notice to Seller within three (3) days after the expiration of the Seller Cure Period (and the Closing Date shall be extended to penuit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement and obtain a full reftmd of the Deposit or (b) continue this Agreement in Rill force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Seller. The foregoing is not a waiver or release of any of Buyer's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Seller of which Buyer obtains knowledge after the Close of Escrow. (1) Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller. (2) Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, wilt conflict with, or result in a breach of, any contract, license or undertaking to 'which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements which affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such defaulL To the best of Seller's knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. In addition, except as otherwise disclosed in this Agreement, the Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement. (3) Proceedings. To the best of Seller's knowledge, no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller's right to convey title to the Property to Buyer as contemplated in this Agreement or (ii) Buyer's ability to own, develop and /or market the Property in the manner disclosed by Buyer to Seller. To the best of Seller's knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property. (4) Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, -9- 25A -19 insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. (5) Violations of Law. On the Effective Date and Close of Escrow neither this Agreement nor the Property shall be in violation of any law, ordinance, rule regulation, or administrative or judicial order. (6) Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property, of any "hazardous materials" (as defined below). To the best of Seller's knowledge, no prior owner of the Property has stored or caused to be stored any hazardous materials on the Property; (b) no hazardous materials now exist in, on or under the Property in violation of any "environmental law" (as defined below); (c) there are no underground tanks on the Property nor have there ever been any underground storage tanks on the Property; (d) no use of or operations on the Property have occurred which use or operation has violated any applicable enviromnental law; and.(e) the Property is not on any "Superfund" list under any applicable environmental law. As used herein, "environmental law" shall mean any and all present federal, state or local laws (whether common law, statute, rule, regulation or otherwise), permits, orders and any other requirements, of Governmental Authorities relating to the environment to any "hazardous materials" (as defined below) (including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. §§ 9601 et seq.) as amended from time to time and the applicable provisions of the California Health and Safety Code and California Water Code). As used herein, "hazardous materials" shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as, a "hazardous substance," "hazardous material," "hazardous waste," "ci;tremely hazardous waste," "infectious waste," "toxic waste," "toxic pollutant" or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by- product's, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources. (7) Assumed Obligations. With the exception of obligations or responsibilities of Seller that are expressly assumed by Buyer in this Agreement, there are no obligations or responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer. (8) Endangered Species. To the best of Seller's knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property and (b) there are no envirormiental or biological characteristics of the Property or adjacent property which under existing law will adversely affect Buyer's ability to own, develop and /or market the Property or the cost thereof. (9) Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property. -10- 25A-20 (10) Property Documents. To the best of Seller's knowledge. the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller that would have a material and adverse effect on Buyer's ability to own, develop and /or market the Property. (11) Other Agreements. Except as set forth in the Property Documents and this Agreement.. Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third parry, which would in any way be binding on Buyer or all or any portion of the Property or would interfere in any way with Buyer's ability to own, develop, improve and /or market the Property, and will not make any such representations or warranties or enter into any such agreements which would affect the Property or any portion thereof prior to the Close of Escrow, without Buyer's written consent. (I 2) Access. There is frill and unobstructed direct access to the Property from public streets, highways or roads which are adjacent to the Property. (13) Bankruptcy. No `Bankruptcy Event" (as defined below) has occurred with respect to Seller nor. any member or manager of Seller. There is not pending or threatened any case, proceeding or other action seeking reorganization, , arrangement, adjustment, liquidation, dissolution or re- composition of Seller or any member or manager of Seller or seeking appointment of a receiver, trustee, custodian or similar official for Seller or any member or manager of Seller for all or any substantial part of its or their assets. "Bankruptcy Event" means (a) the making by a person of a general assignment for the benefit of such person's creditors, (b) the admission in writing by a person of its inability to pay its or their debts as they mature, (c) an attaclmient, execution or other judicial seizure of ally property interest which remains in effect. or (d) the failure to have taken or submission to any action indicating a general inability by a person to meet its financial obligations as they accrue. (14) Material Change. Seller shall promptly notify Buyer if Seller obtains information that would make any of the representations or warranties contained in this'Section 5.2.1 materially inaccurate or misleading. 5:2.2 Buyer's Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all proposes of this Agreement, including Buyer's representations and warranties contained in this Section 5.2.2, the phrase "to the best of Buyer's knowledge" shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller's rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller's notice (and the Closing Date -Il- 25A-21 shall be extended to permit the running of such seven (7) day period) ( "Buyer Cure Period ") to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller's reasonable satisfaction. If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in Rill force and effect with no change in terms, but without waiving any 'legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of any of Seller's rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow. (1) Authorization. Buyer is a corporation duly formed and validly existing corder the laws of the State of California and is.qualified to transact business in the State of California. Buyer has full.power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this' Agreement on behalf of Buyer. (2) Binding Agreement. This,Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally. (3) Hotel Commitment. Buyer hereby represents and guarantees that, subject to obtaining the Entitlements, it will construct and develop the hotel component of the Project on the Property. The proposed construction and development of the hotel component of the Project on the Property is critical to the Seller's decision to sell tire Property to Buyer. No use of the Property other than as the Project and City approved ancillary uses will be,considered an appropriate use of the Property. (4) Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state wage laws. 5.2.3 Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law. 5.3 Buyer and Seller Cooperation. During the term of Escrow, Buyer shall submit plans for the Project to Seller, and Seller, in its capacity as the City within which the Project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Entitlements deemed necessary -12- 25A-22 in connection with its•plan for development of the Property through Seller in its capacity as the City within which the Project is located. Seller makes no a representations nor Warranties with respect to granting Entitlements and nothing in this Agreement shall be deemed to be- a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items nor a guarantee that such approvals or permits will be granted al all or within any particular time or with or without any particular conditions. 5.4 Seller's Additional Covenants: Seller hereby covenants and agrees that: Seller (a) will not promote, advertise, market, transfer, lease or convey any of the Property or enter into any agreement to promote, advertise, market, transfer, lease or convey any of the Property or modify or amend any lease other than to terminate any leases as to the Property; (b) will not enter into any agreement, that will be or purport to be binding on the Buyer or tlue Property subsequent to the Close of Escrow; (c) shall, at its sole cost and expense, maintain the Property and all improvements thereon in a reasonable condition and in a manner that complies with all applicable laws and shall continue in fill force and effect all property and liability insurance with respect to the Property which is in effect 30 days before the Effective Date; (d) will not take, approve or consent to any action or omission that would change the zoning; use, permits or Entitlement of or for the Property or that would otherwise adversely affect the Property or Buyer's plan for development of the Propeiy or Buyer's processing of the Entitlements; (e) will promptly give Buiyer written notice of any notice or information Seller receives regarding zoning uses, permits, licenses or other Entitlements which would have an adverse impact on the ability of Buyer to develop the Property for its anticipated use; (f) shall not record or cooperate in the recording against the Property or any portion thereof, of any lien. encumbrance, agreement, easement, right of way or other matter without Buyer's written consent; and (g) will not engage in any act or omission which would result in the Property not being in compliance with the provisions of this Agreement or any applicable law or which would prevent the Title Company from issuing the Title Policy in accordance with this Agreement. 6. Default by Buyer. 6.1 Liquidated Damages. IF ESCROW FAILS TO CLOSE SOLELY DUE TO A DEFAULT OR BREACH OF THIS AGREEMENT BY BUYER, SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN FOR THE FOLLOWING REASONS: (1) THE DAMAGES TO WHICH SELLER WOULD BE ENTITLED IN A COURT OF LAW WILL BE BASED IN PART ON THE DIFFERENCE BETWEEN THE ACTUAL VALUE OF THE PROPERTY AT THE TIME SET FOR THE CLOSE OF ESCROW AND THE PURCHASE PRICE FOR THE PROPERTY AS SET FORTH IN THIS AGREEMENT; PROOF OF THE AMOUNT OF SUCH DAMAGES WILL BE BASED ON OPINIONS OF VALUE OF THE PROPERTY, WHICH CAN VARY IN SIGNIFICANT AMOUNTS; AND (2) IT iS IMPOSSIBLE TO PREDICT AS OF THE EFFECTIVE DATE WHETHER THE VALUE OF THE PROPERTY WILL INCREASE OR DECREASE AS OF THE CLOSE OF ESCROW. BUYER DESIRES TO LIMIT THE AMOUNT OF DAMAGES FOR WHICH BUYER MIGHT BE LIABLE SHOULD BUYER BREACH THiS AGREEMENT. BUYER AND SELLER WiSH TO AVOID THE COSTS AND LENGTHY DELAYS WHICH WOULD RESULT IF SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF ESCROW FAILS 254 -23 TO CLOSE DUE TO A DEFAULT OR BREACH OF THIS AGREEMENT BY BUYER, THEN BUYER'S DEPOSIT ACTUALLY DELIVERED INTO ESCROW BY BUYER SHALL BE DEEMED TO CONSTITUTE A REASONABLE ESTIMATE OF SELLER'S DAMAGES UNDER THE PROVISIONS OF SECTION 1671 OF THE CALIFORNIA CIVIL CODE. SELLER'S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF THE FAILURE OF ESCROW TO CLOSE AS A RESULTING OF BUYER'S DEFAULT SHALL BE LIMITED TO COLLECTION OF SUCH LIQUIDATED DAMAGES AND ATTORNEYS' FEES AND COSTS OF COLLECTION IN CONNECTION THEREWITH, IF ANY. THE LIQUIDATED DAMAGES ARE NOT INTENDED AS A PENALTY OR A FORFEITURE UNDER CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369. EXCEPT AS PROVIDED IN THE FOLLOWING SENTENCE SELLER HEREBY WAIVES ALL OTHER CLAIMS, DAMAGES AND OTHER REMEDIES INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTIONS 3384, 3387 AND 3389. THE FOREGOING LIQUIDATED DAMAGES CLAUSE APPLIES ONLY IN CONNECTION WITH THE BUYER'S DEFAULT IN ITS OBLIGATION TO CLOSE ESCROW AND SHALL NOT APPLY TO (A) BUYER'S LIABILITY TO SELLER UNDER THE INDEMNIFICATION PROVISIONS OF SECTION 4.3 AND (B) SELLER'S ATTORNEYS' FEES INCURRED IN ENFORCING ITS RIGHTS UNDER SECTION 4.3 AND /OR THIS SECTION 6.1. 6.2 Right to Cure. Buyer shall be deemed to be in default under this Agreement if Buyer fails, for any reason other than Seller's default under this Agreement, to meet, comply with, or perform any material covenant, agreement, or obligation required on its pail, including the deposit or delivery of any funds, within the time limits and in the manner required in this Agreement; provided that no such default shall be deemed to have occurred unless and until Seller has given Buyer written notice describing the nature of.the default, and Buyer has failed to cure such default within seven (7) business days after the receipt of such notice (unless the curing of such default cannot reasonably be accomplished within such seven (7) business day period in which case the Buyer shall commence to cure such default within such seven (7) business day period and diligently pursues same to completion within a reasonable amount of time). 7. Notices. Any notice to be given hereunder to either Patty or to Escrow Holder shall be in writing and shall be given either by personal delivery, facsimile, federal express (or similar overnight delivery service), overnight courier or by depositing such notice in the United States first class mail, certified, with return receipt requested, postage prepaid and addressed as follows: SELLER: The City of Santa Ana Hassan Haghani Executive Director Planning and Building Agency 20 Civic Center Plaza (M -20) P.O. Box 1988 Santa Ana, California 92702 Phone No.: (714) 667 -2706 FaxNm; (714)97')-1461 -14- 25A-24 With Copy to: Office of the City Attorney City Attorney 20 Civic Center Plaza (M 729) P.O. Box 1988 Santa Ana, California 92702 Phone No.: (714) 647 -5201 Fax No.: (714) 647 -6515 BUYER: NET DEVELOPMENT CO., INC. 3130 Airway Avenue Costa Mesa, CA 92626 Attention: Kevin Coleman Phone No.: (7 14) 754 -4454 Fax No.: '(714) 754 70198 With copy to: Rutan & Tucker, LLP 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626 Attention: Kim D. Thompson Phone No.: (714) 641 -3449 Fax No.: (714) 546 -9035 Escrow Holder: Fidelity National Title Insurance Company 1300 Dove Street. Suite 310 Newport Beach. CA92660 Attn: April Palmer Phone No.:(949) 221 -4770 Fax No:: (949) 477 -6820 Either Party and Escrow Holder may, by written notice to the other and to Escrow Holder, designate a different address which shall be substituted for the one specified above. If any notice or other document shall be sent by certified mail as set forth above, it shall be deemed to have been effectively served or delivered seventy -two (72) hours following the deposit of such notice in the United States mail in the manner set forth above. If any notice or other document shall be sent by facsimile, it shall be deemed to have been served or delivered upon electronic confirmation of transmission; provided that it is confirmed by a follow -up notice using approved methods hereunder within seventy -two (72) hours and provided further that subject to the foregoing if such transmission occurs on a weekend or holiday or after 5:00 p.m, on a weekday, it shall be deemed to have been received at 8:00 a.m. on the immediately following business day. 8. Attorneys' Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other; declaratory or otherwise, in any way arising out of or in -connection ection this Agreement and/or the Property, the losing Party shall pay to the prevailing Patty a reasonable sum for attorneys' fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such -15- 25A-25 action, or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such action or proceeding shall contain a specific provision providing for the recovery of attorneys' fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party's major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party's major arguments or positions on major disputed issues. For the purposes of this Section, attorneys' fees shall include, without limitation, fees incurred in the following: (1) post - judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation. 9. Miscellaneous. 9.1 No Modifications. No addition to or modification of any term or provision of this Agreement is effective unless in writing and signed by the Parties. 9.2 Construction of Agreement. The provisions of this Agreement shall not be construed in favor of or against either Patty; but shall be construed as if both Parties prepared this Agreement. 93 Headings. The Section headings of this Agreement are only for convenience and shall not be deemed to•limit the subject of such Sections or to be considered in their construction. 9.4 Governing Law. The laws of the State of California shall govern this Agreement 9.5 Time of the Essence. Time is of the essence of each and every provision of this Agreement, 9.6 Further Assurances. Each of the Patties shall execute and deliver all additional papers, documents and other assurances, and shall do all acts and things reasonably necessary in connection with the performance of their obligations under this Agreement to carry out the intent of this Agreement. 9.7 No Waiver. No waiver by a Party of .a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party's consent or approval shall not be deemed to waive or render unnecessary the consenting Party's consent or approval to or of any subsequent similar acts by the other Party. 9.8 Severability. if any portion of this Agreement is field by any court of competent jurisdiction to be illegal, null, void or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent -16- 25A-26 permissible by law, but only to the extent that performance of such remaining provisions would not be inconsistent with the intent and purposes of this Agreement. 9.9 Gender and Number. As used in this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural include one another. 9.10 Entire Agreement. This Agreement constitutes the entire agreement between'the'Parties pertaining to the subject matter hereof and all prior and contemporaneous agreements, representations, negotiations and understandings of the Parties, oral or written; (including, without limitation any letters of intent or understanding) are hereby superseded and merged herein. The preceding sentence shall not affect the validity of any instrument. executed by Parties in the form of the exhibits attached to this Agreement. 9.11 Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith. 9.12 Time. References. Unless otherwise expressly provided in this Agreement, any reference in this Agreement to time for performance of obligations or to elapsed time shall mean Pacific Standard Time and time periods shall mean consecutive calendar days, months or years, as applicable. If the date ( "Performance Date ") on which any action is to be taken, any obligation is to be performed, or any notice is to be given under this Agreement falls on a Saturday. Sunday, day in which the Santa Ana City Hall is closed or federal holiday, such Performance Date shall be automatically extended to the next business day. As used in this Agreement, "business day" means any calendar day that is not a Saturday. Sunday, day in which the Santa Ana City Hall is closed or federal holiday. The time for performance on any Performance Date shall be no later than 5:00 p.m., unless otherwise provided in this Agreement. 9.13 Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein. 9.14 Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County and the Parties hereby agree to and do hereby submit to the jurisdiction of such court. 9.15 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be construed as one instrument. 9.16 Assignment. Buyer may not assign its tights or obligations under this Agreement without the prior written consent of Seller, which consent may be witlnlneld in the sole discretion of Seller. Buyer shall provide Seller with thirty (30) day written notice of any such proposed assignment. Notwithstanding the foregoing, Buyer, without Seller's consent shall be entitled to assign its rights and obligations under this Agreement to (a) a partnership of which Buyer, Kevin A. Coleman or an affiliate entity is the general partner, (b) a limited liability 254 -27 company of which Buyer or an affiliate entity is the managing member and which Buyer of an affiliate entity directly or indirectly holds an ownership interest and any other entity in which Buyer directly or indirectly has an ownership interest and is responsible for managing the day to day activities of such entity or (c) SA Hotel One LP, a California limited partnership (which entity has been formed by Buyer to acquire and develop the Property and conforms to the foregoing). Buyer shall provide Seller with written notice of any such assignment. 9.17 No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall' be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third =party beneficiary theory, laws relating to transferee liabilities or otherwise. Except as. provided otherwise in this Agreement, Buyer shall not assume and shall not be obligated 'to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, .partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior. to, on or after the Close of Escrow, (c) liabilities or obligations of Seller for any federal, state,. county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Except as provided otherwise in this Agreement. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom. [SIGNATURES ON FOLLOWING PAGE] _lg_ 25A -28 [SIGNATURE PAGE TO SALE AGREEMENT AND ESCROW INSTRUCTIONS]' Buyer and Seller have executed this Agreement as of the Effective Date. THE CITY OF SANTA ANA NET DEVELOPMENT CO., INC. a public body corporate and politic a California corporation By: By: City Manager Its:. AS TO FORM: VALHO, City Attorney Attorney Ana RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency 25A -29 EXHIBIT "A" DESCRIPTION /DEPICTION OF PROPERTY The Property is the real property in the City of Santa Ana, County of Orange, State of California, described as follows: APN:: 003 - 113 -80 and 003 - 113 -81 PROPERTY ADDRESS: 2129 North Main Street. Santa Ana, California LEGAL DESCRIPTION: Portion of Dots 3. { hrough 6, and '9 through 12, Phelp's Subdivision of a portion of the Dericot Tract, per snap recorded in Book 1, Page 95 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California, plus portion of adjacent vacated public alley. 25A -30 CORRESPONDENCE 25A -31 25A -32 East End Realty F 129 West Wilson Stre Costa Mesa, CA April 27, 2017 RE: Proposed Hotel Project Honorable Mayor & City Council, I am writing this letter in support of the proposed ho it's a good project for the City and will add much nee As a major stakeholder in the Downtown area most % outside of the area, or in many cases, in competing n they stay and spend their money in Santa Ana. In ad term construction jobs and permanent jobs once ope will generate approximately one million dollars in an find many uses for. All and all seems like a positive p City needs more of. Thanks for your consideration Sincerely, Ryan Chase 25A ers uite I [011 APR 27 PIA 2: 43 CLERK �F C0 1+CIL at 2129 N Main St. I believe quality visitor serving hotel rooms. rs have no choice but to stay boring cities. Would much rather n,� the project will create short id my understanding is the hotel TOT tax which sure they City could ctlfor the City and an amenity the 25A -34 Mitre - Ramirez, Norma From: Kristi Love <klove @netdevco.com> Sent: Wednesday, May 10, 2017 2:11 PM To: eComment Cc: Kevin Coleman; PJ Jahangiri<pjahangiri @advantage - reo.com>; Morley, Marc Subject: Main St. -hotel project, letter of support Attachments: 20170428145258294.pdf Please see the attached letter of support for the hotel project. Please make sure it is made part of the packet for the city council meeting schedule for next Tuesday 5/16. Thank you. tristi Love Whitacre Executive Assistant to Net Development Co. 3130 Airway Avenue Kevin A. Coleman Costa Mesa, CA 92626 714-754-4454/ fax: 714-754-0198 25A -35 25A -36 Palm C®u--rt Partite -rs April 28, 2017 Re: Development of Hampton Hotel To whom it may concern: Palm Court Partners consist of the five contiguous parcels immediately south of the proposed Hampton Hotel site on the east side of north Main street in Santa Ana.. Palm Court Partners is in favor of the development proposed and is prepared to work with the city and the development company to see that it is completed in a way that best serves the parties involved and the city of Santa Ana. ECA:nv With kindest regards, C. ANDRES 2041 North Main Street a Santa Ana, CA 5706 1714) 55b "7 75 o F.A 1: (7141 560 -J=':0 25A -37 25A -38 Mitre - Ramirez, Norma From: Lesley Ann Hamilton <LAHamilton @bowers.org> Sent: Wednesday, May 10, 2017 3A1 PM To: eComment Cc: klove @netdevco.com; kcoleman @netdevco.com Subject: Support for Hampton Inn Hotel Project Attachments: Hampton Inn. Letter of Support to City Council. May 10, 2017.pdf Dear Sana Ana City Council, Attached please find our letter of support for the Hampton Inn Main Street Hotel Project at 2129 North Main Street. The original letter was sent to you by mail. Thank you, Lesley Lesley Ann Hamilton Assistant to the President 2002 North Main Street Santa Ana, CA 92706 T: 714.567.3602 F: 714.567.3603 LAHamilton@bowers.org BOWERS MUSEUM FRIDA KAHLO: HER PHOTOS Now Open! REEL ART: MOVIE POSTERS FROM GHANA GEMSTONE CARVINGS: MASTERWORKS BY HAROLD VAN PELT Opening April 22nd! CALIFORNIA BOUNTY: IMAGE AND IDENTITY, 1850 -1930 The information in this e-mail message maybe privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail in error, please a -mail the sender and delete all copies. 25A -39 25A -40 BOWERS MUSEUM OFFICE OF THE PRESIDENT May 10, 2017 City of Santa Ana Clerk of the Council Office 20 Civic Center Plaza Santa Ana, CA 92701 Re: Hampton Inn Main Street Hotel Project To whom it may concern: Please consider this my letter of support for the Main Street Hotel Project (the Hampton Inn) to be located at 2129 North Main Street. virtually across the road from the Bowers Museum. There are no upscale hotels located within a few miles of the museum so we have to place VIP guests at hotels in surrounding cities which results in logistical challenges with their transportation to and from the museum. We host VIPs from all over the world on a regular basis and having a hotel across the street would be most advantageous. My staff and I were delighted to learn of the Hampton Inn Main Street Hotel Project and we hope it moves forward quickly. Please feel free to contact the if you have any questions, my direct number is 714.567.3601 or my email is pkelleria)bo«ers.ore. I j Peter C. Keller. Ph.D. President 2002 North Main Street, Santa Ana, California 92706 bowers.org I Tel 714.567.3600 1 Fax 714.567.3603 Ar[red,WhytnaAmrnun 54AX" '4- 25A -42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: FIRST AMENDED AGREEMENT FOR PARAMEDIC /MEDICAL BILLING AND COLLECTION SERVICES WITH WITTMAN ENTERPRISES, LLC (STRATEGIC PLAN NO. 7,5F) diTY-MANAG-ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ 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 a two -year amended agreement with Wittman Enterprises, LLC, ( "Wittman ") effective July 1, 2017 through June 30, 2019, to extend the current three -year agreement expiring June 30, 2017, including an option at the election of the City to transfer administration, promotion, billing, and collection of the City's Paramedic Subscription Program, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division of the Finance and Management Services Agency ( "Treasury Division ") is responsible for administering the City's paramedic /medical billing and collection services agreement. This task is accomplished through the use of a third party agent/provider. The primary tasks of the paramedic /medical billing and collection services agent/provider are to seek reimbursement of emergency medical services and transport that the City provides, comply with Medicare, Medi -Cal and private insurance requirements and work with patients to arrange alternate methods of repayment. In April 2014, the City released a Request for Proposals (RFP) for paramedic /medical billing and collection services. Wittman was the sole qualifying responding agent/provider and was awarded a three -year contract from July 1, 2014 through June 30, 2017. Wittman's fees are contingent upon successful billing and collection of paramedic /medical services provided through the City's contracts with the Orange County Fire Authority (OCFA) and CARE Ambulance. Wittman's current fee rate is 6.3 %, under the terms of the recommended two -year extension Wittman's fee rate will as follows: (Year 1) — 6.15% of net collections obtained by Wittman (Year 2) — 6.30% of net collections obtained by Wittman 2513-1 First Amended Agreement for Paramedic /Medical Billing and Collection Services May 16, 2017 Page 2 In addition to administering the City's paramedic /medical billing and collection services agreement, the Treasury Division is responsible for managing the City's Paramedic Subscription Program. Effective July 1, 2017, over 7,300 City households are projected to be participating in the program at an annual membership fee of $55.65 generating over $400,000 annually. As an optional add -on, the Amended Agreement proposes that Wittman promote, administer, and collect the City's Paramedic Subscription Program. Optional services to be performed by Wittman and related costs are as follows: An initial mass mailing to promote participation in the City's Paramedic Subscription Program. The initial mass mailing list will total approximately 20,000 accounts. • An annual renewal mailer to all registered Paramedic Subscription Program members. • Generate and send a Paramedic Subscription Program membership mailer to all non - subscription paramedic /medical service recipients on an ongoing basis. • Collect all Paramedic Subscription Program applications and membership fees. o The proposed cost for Wittman's Paramedic Subscription Program service will be applied to fees collected as follows: ■ Initial and subsequent renewal mailings - $1.10 per account, plus prepaid return envelope postage charge ($0.49) per mailer. ■ Administration of the City's subscription program: • (Year 1)- 12% of subscription membership fees collected. • (Year 2) - 11% of subscription membership fees collected. In order to implement the optional Paramedic Subscription Program through Wittman, the Centers for Medicare & Medicaid Services (CMS) require that a client jurisdiction maintain a certain paramedic subscription fee threshold to meet Medicare Part B cost - sharing guidelines. This would require the City to increase its proposed 2017 -18 fiscal year subscription fee from $55.65 to $66.59 ($65.00 CMS threshold fee, plus $1.59 postage and handling charge). As such, the proposed optional fee has been incorporated into the 2017 -18 Miscellaneous Fee Resolution. Participation in the optional City Paramedic Subscription proposal is elective on the part of the City and can be exercised by the City Manager or his designee for the first agreement year, one hundred - twenty (120) days prior to January 1, 2018, and thereafter one hundred -twenty (120) days prior to July 1st for any subsequent agreement year. Based on the potential to more efficiently promote and administer the City's Paramedic Subscription Program and thereby expand participation by Santa Ana residents, staff recommends inclusion of this option. 25B -2 First Amended Agreement for Paramedic /Medical Billing and Collection Services May 16, 2017 Page 3 Extending the current agreement which expires June 30, 2017 for two additional years will allow the City ample time to decide if the Paramedic Subscription Program should be managed by third party vendor prior to issuing a Request For Proposals in connection with future paramedic /medical billing and collection services commencing July 1, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization, Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT As payment for services is contingent upon successful collection, Wittman will share in the total revenue recovered from their billing /collection efforts and paid from the Fire Services Contract Services Professional account no. (01115330- 62300). APPROVED AS TO FUNDS AND ACCOUNT: kX Francisco Gutierrez, Executive Director Finance and Management Services Agency Exhibit: 1. Agreement G1:A7iR:I 25B -3 25B -4 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 10h day of May, 2017 by and between Wittman Enterprises, LLC, a California Limited Liability Company (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into an ambulance and paramedic billing and collection services agreement for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs (Agreement #A- 2014 -145) dated June 17, 2014 (hereinafter "said Agreement ") by which Consultant has provided ambulance and paramedic billing and collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. D. The parties also wish to amend Compensation for the extended Term. E. The parties also wish to amend the Scope of Services with respect to City's option to elect that Consultant, provide paramedic membership subscription services to City to include: outreach, solicitation, collection, and administration services as set forth in Exhibit B to this Amendment and incorporated herein by reference. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. Section 1 of said Agreement, "SCOPE OF SERVICES" shall be amended to include the services set forth in Exhibit A to said Agreement as well as the updated optional services set forth in Exhibit B, attached to this Amendment and incorporated herein. 2. Section 2 of said Agreement, "TERM" shall be amended as follows: This First Amendment to Agreement shall commence on July, 1 2017 and terminate on June 30, 2019, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. Section 3 of said Agreement, "COMPENSATION" shall be amended as follows 25B -5 a. City agrees to pay, and Consultant agrees to accept as total payment for its services percentage fee of net collections obtained by Consultant per contract year as follows: First Amended Agreement Year l - equal to 6.15 % of net collections obtained by Consultant. ii. First Amended Agreement Year 2 - equal to 6.3 % of net collections obtained by Consultant. 4. This First Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORNI: SONIA R. CARVALHO City Attorney LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL Francisco Gutierrez, Executive Director Finance & Management Services Agency r CITY OF SANTA ANA: CYNTHIA J. KURTZ Interim City Manager WITTMAN ENTERPRISES, LLC CORRINE WITTMAN -WONG Chief - Executive Officer Tax ID # 68- 0456021 EXHIBIT B SCOPE OF SERVICES OPTIONAL CITY PARAMEDIC SUBSCRIPTION MEMBERSHIP PROGRAM Adoption, promotion, and administration of City's Annual Paramedic Subscription Membership Program: 1. As a condition to participation in Optional City Paramedic Subscription Membership Program and to ensure that City is compliant with Medicare guidelines on subscription membership fees, City shall impose a minimum paramedic services subscription fee of not less than $65. 2. City shall inform Consultant in writing of City's decision to participate in Optional City Subscription Membership Program. Upon receipt of City's written decision to participate in Optional City Paramedic Subscription Membership Program, Consultant shall assist City in generating and formatting an initial mass mailer to solicit participation by residents of the City of Santa Ana in the paramedic services subscription membership program. Consultant shall assist City in generating and formatting a renewal paramedic services subscription membership program mailer and will format that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi - color, double -sided City Paramedic Subscription Membership Program solicitation letter /application and prepaid return envelope. Use of additional colors, inserts or enclosures may be added at the direction of the City. Consultant's cost shall reflect increased service costs, materials, and postage. Consultant shall prepare a statement of additional costs per mailing piece for approval by the City prior to incurring additional costs. 4. Consultant shall generate the City's initial mass mailing list from paramedic billing accounts listed in Consultant's database for fiscal years 2012 -13 through 2016 -17. Mailing list shall be comprised of all residential paramedic billing accounts in Consultant's billing system. Consultant warrants that initial mass mailing list shall total 20,000 accounts, plus or minus 10 %. Consultant shall annually send a renewal mailer to all registered City Paramedic Subscription Membership Program members based on all registered City of Santa Ana subscribers in Consultant's database. 5. Consultant shall thereafter, on an on -going basis, generate and send an initial paramedic services subscription membership program mailer to all non - subscription paramedic service recipients upon payment or write -off of service recipient's paramedic services billing. 6. Consultant will receive and process each subscription application by adding the member to Consultant's system (profit center) and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to 25B -7 Consultant's billing system. The City will receive separate monthly reports for the subscription program. 7. Cost — The cost for Consultant's subscription membership program service is as follows: a. Initial and subsequent renewal mailings - $1.10 per account, plus a first class United States mail prepaid return envelope charge equal to the United States Postal Service's published postal rate for a standard one ounce first class letter, effective as at the time of mailing (to be applied as an offset to Consultant's Paramedic Subscription Program billing collection remittances to CITY). b. Administration of the City's subscription program: i. (Year 1) - 12% of subscription membership fees collected. ii. (Year 2) - 11% of subscription membership fees collected. 8. Change Order Contingency — from time -to -time, at CITY's option, CITY may request optional services of CONSULTANT at mutually agreed upon scope and fees (to be applied as an offset to Consultant's Paramedic Subscription Program billing collection remittances to CITY). Participation in the optional City Paramedic Subscription Membership Program proposal shall be elective on the part of the City, exercisable by the City Manager or his designee, and can be exercised for the first amended agreement year upon 120 days written notice given prior to January 1, 2018, and thereafter upon 120 days written notice given prior to July I" for any subsequent amended agreement year. 4 r REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: SECOND AMENDED AGREEMENT FOR BILL PRINT SERVICES WITH INFOSEND, INC. (STRATEGIC PLAN NO. 7, 5F) TY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 a two -year amended agreement with InfoSend, Inc. ( "InfoSend "), effective July 1, 2017 through June 30, 2019, to extend the current two -year amended agreement expiring June 30, 2017, for an annual amount not to exceed $400,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury and Customer Service Division ( "Treasury") of the Finance and Management Services Agency is responsible for the billing and payment processing for Municipal Utility Services (MUS) accounts, Paramedic Subscription Services, Proactive Residential Enforcement Program (PREP), Dog Licenses, and Business License Taxes. Since fiscal year 2006 -07, Treasury has taken advantage of Electronic Bill Presentment and Payment Services (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. InfoSend's services encompass the following City operations: Business License, Dog License, MUS, Paramedic Subscription Services, PREP, and include miscellaneous mailings of associated billing statements, notices, advisories, form correspondence, City newsletters, and include an on -line bill payment portal for Dog Licensing. On June 17, 2015, the City Council approved a two -year renewal agreement with InfoSend for bill printing, mailing, and EBPP and on June 7, 2016, City Council approved a First Amended Agreement with InfoSend adding similar bill print services for the PREP and increasing the annual contract cap from $375,000 to $400,000 effective for fiscal year 2016 -17. 25C -1 Second Agreement for Bill Print Services With InfoSend, Inc. May 16, 2017 Page 2 More recently in November 2016, Treasury completed a comprehensive upgrade to the City's MUS enQuesta customer information services & billing software that supports single sign -on customer access to the enQuesta system;- enhanced -EBPP, interactive voice response (IVR), a mobile app, and real time payment posting. InfoSend's services directly support and are integrated with this comprehensive upgrade. Therefore, staff recommends extending InfoSend's contract which expires June 30, 2017 for two additional years to allow the City time to fully assess the upgraded functionality of the integrated system prior to issuing a Request For Proposals in connection with future integrated bill print services commencing July 1, 2019. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 - Team Santa Ana, Objective #5 (create - a culture of innovation and efficiency within the organization, Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT Funds in the amount of $400,000 will be budgeted and available for FY 2017 -18 and will be similarly budgeted for FY 2018 -19 as follows: Departments Account No. FY 2017 -18 FY 2018 -19 Finance and Management Services Agency 01110130 -62300 $250,000 $250,000 Public Works Agency 06017644 -62300 $129,000 $129,000 City Manager's General Non-Departmental 01105015 -62300 $21,000 $21,000 TOTAL $400,000 $400,000 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez �-�� Fred Pousa ipou, Executive Director Executive Director Finance and Management Services Agency Public Works Agency Exhibits: 1. Infosend — Second Amended Agreement AR:W H 25C -2 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, dated as of this 16'h day of May 2017, by and between InfoSend, Inc., a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into that certain Agreement A- 2015 7116, dated June 17, 2015, (hereinafter "said Agreement") by which Consultant having special skill and knowledge in the field of Bill Print - Processing, Printing and Mailing (PPM) services as well as Electronic Bill Presentment and Payment (EBPP) services agreed to perform such services to the City. B. The parties subsequently entered into a First Amendment to that Agreement (A -2016- 133) on June 7, 2016 to alter the Scope of Services and increase the Compensation of said Agreement. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Tenn to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. D. The parties also wish to amend and add Compensation for the extended Tenn. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terns and conditions of said Agreement, except those amended in the aforementioned First Amendment to said Agreement, the parties agree as follows: The parties hereto now desire to amend Section 2, subsection (a) of said Agreement (COMPENSATION) to extend the increase in annual compensation agreed to by the parties pursuant to the First Amendment to Agreement to include this two -year extended term of this Second Amendment to Agreement. The total sum to be expended under the amended term of this Agreement in any one (I) year shall not exceed $400,000, and thereafter shall not exceed $400,000 for any subsequent extension of said Agreement. 2. The parties hereto now desire to amend Section 3 of said Agreement (TERM) as follows: This Second Amendment to Agreement shall be for a period of two (2) years and shall commence on July, l 2017 and terminate on June 30; 2019, unless extended by subsequent amendment of said Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This Second Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file 25C -3 attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �4 � Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency 25C -4 CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager INFOSEND, INC. Russ Rezai Chief Operating Officer Tax ID # 363 - 0748516 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: FIRST AMENDED AGREEMENTS WITH PENNCREDIT AND AMERICAN CAPITAL ENTERPRISES, INC. FOR COLLECTION AGENCY SERVICES {STRATEGIC PLAN NO. 4, 1} CIT AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Approve and authorize the City Manager and Clerk of the Council to execute an amended extension to the current agreement with PennCredit for a two -year period effective July 1, 2017 through June 30, 2019, for collection agency services, subject to non - substantive changes approved by the City Manager and CityAttorney. 2) Approve and authorize the City Manager and Clerk of the Council to execute an amended extension to the agreement with American Capital Enterprises, Inc. for a two -year period effective July 1, 2017 through June 30, 2019, for collection agency services subject to non - substantive changes approved by the City Managerand CityAttomey. DISCUSSION The Treasury and Customer Service Division of the Finance and Management Services Agency ( "Treasury") is responsible for assuring the collection of all monies due to the City. Treasury has an in -house collection program, to which delinquent account referrals from all agencies of the City are received, including but not limited to: Paramedic Billing, Municipal Utility Services, Dog Licensing, Business Licensing, and Miscellaneous Accounts Receivable. The current City process provides for the issuance of a minimum of three City issued collection letters. They are sent to individuals and companies who fail to pay monies owed to the City. Collection letters inform individuals and companies of the outstanding debt and may provide alternatives for payment. The City strives to ensure that a resident or business is provided an opportunity to make payment without sending them to collections. Often times this may include a payment plan. If a customer fails to respond or does not adhere to a payment schedule, the matter is assigned to the City's principal collection agency. 25D -1 Agreements for Collection Agency Services with PennCredit & American Capital Enterprises, Inc. May 16, 2017 Page 2 The Federal Fair Credit Reporting Act (FCRA) sets guidelines for one of the primary methods the City's principal collection agency employs, which includes reporting outstanding debt to credit reporting agencies. Effective September 2016, there are two types of debt categories under the FCRA: 1) "Permissible Debt" — such as, unpaid utility billings, unpaid paramedic billings, and any unpaid sums relating to City services which were electively sought or contracted for from the City; and 2) "Prohibited Debt" — such as, taxes, licensing and permit fees, parking citations, towing & impound fees /costs, administrative code violations, and damage to City property. Permissible debts may continue to be reported to credit reporting agencies; prohibited debts may not. Prior to June 30, 2014, the City utilized American Capital Enterprises, Inc. as its assigned collection agency. On March 11, 2014, staff issued an RFP for said services and PennCredit was most responsive to the evaluation criteria and to the City's collection agency service requirements. As such, PennCredit was selected and was assigned as the City's principal collection agency effective July 1, 2014 through June 30, 2016 and was authorized to collect on outstanding debt placed for collection after July 1, 2014. The City Council also authorized staff to award a secondary agreement to American Capital Enterprises, Inc. to continue collecting on existing outstanding debt balances prior to July 1, 2014, due to their knowledge regarding the nature and collection status of previously placed debt. Given the recent regulations regarding reportable debt, and the likelihood that pending judicial interpretations of these regulations will be issued within two years, staff is recommending extending amended agreements with both PennCredit and American Capital Enterprises, Inc. for a two -year period as follows: 1. PennCredit will collect on "permissible debt" reportable to credit reporting agencies under the FCRA commencing July 1, 2017, and will continue to collect general outstanding debt balances previously placed for collection between July 1, 2014 and June 30, 2017; provided, however, that outstanding debt balances placed between September 1, 2016 and June 30, 2017 which constitute prohibited debt shall not be reportable to credit reporting agencies in accordance with the FCRA. 2. American Capital Enterprises Inc. will utilize other legal methods to collect on "prohibited debt "; i.e., debt that cannot be reported to credit reporting agencies under the FRCA commencing July 1, 2017, and in addition will continue to collect outstanding debt balances placed prior to July 1, 2014. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 - City Financial Stability, Objective 1 (maintain a stable, efficient and transparent financial environment). 25D -2 Agreements for Collection Agency Services with PennCredit & American Capital Enterprises, Inc. May 16, 2017 Page 3 FISCAL IMPACT As payment for services for both collection agencies is contingent upon successful collection, both PennCredit and American Capital Enterprises, Inc. will independently share in the total revenue recovered from their individual efforts. There is no direct fiscal impact on any expenditure accounts of the City or its related agencies. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. First Amended Agreement with PennCredit 2. First Amended Agreement with American Capital Enterprises, Inc. AC:WH 25D -3 25D -4 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 10^ day of May, 2017 by and between PennCredit, a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into that certain Agreement ( #A- 2014 -146), dated June 17, 2014 (hereinafter "said Agreement') by which Consultant having special skill and knowledge in the field of debt collection agreed to perform such services to the City for debts owed to the City and placed for collection commencing July 1, 2014, by which Consultant has provided debt collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. The parties wish to amend the Term of said Agreement to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. D. The parties also wish to amend the Scope of Services with respect to the types of debt for which the Consultant shall provide collections services to the City to include only "permissible debts" as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016. E. The parties also wish to amend the Compensation set forth in the Scope of Services for the extended Term. 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: The parties hereto now desire to amend Section 1, subsection (A) of said Agreement, "SCOPE OF SERVICES" as follows: a. Define the term "overdue miscellaneous accounts receivable billings" to include only "permissible debts" as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines in effect beginning September 1, 2016. b. Add a part 15 to Section 1, subsection (A) of said Agreement requiring Consultant to discontinue reporting of "prohibited debts" as set forth in the FCRA for any overdue miscellaneous accounts receivable billings placed for collection with Consultant by City between July I, 2014 and June 30, 2017, and reported by Consultant to a credit reporting agency after August 31, 2016. 25D -5 c. Amend Section 1, subsection (A), part (2) (i) (a) setting compensation at 20% for accounts placed for standard collection. d. Amend Section 1, subsection (A), part (2) (ii) (a) setting compensation at 22% for accounts placed for standard collection. Section 3 of said Agreement, "TERM" shall be amended as follows: This First Amendment to said Agreement shall commence on July, 12017 and terminate on June 30, 2019, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This First Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORNI: SONIA R. CARVALHO City Attorney By: 6& � LISA STORCK Assistant City Attorney RECONINIENDED FOR APPROVAL Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: CYNTHIA J. KURTZ Interim City Manager PENNCREDIT RICHARD S. TEMPLIN Chief - Executive Officer Tax ID # 23- 2470030 25D -6 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 16°i day of May, 2017 by and between American Capital Enterprises, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into that certain Agreement ( #A- 2014 -147) dated June 17, 2014 (hereinafter "said Agreement ") by which Consultant having special skill and knowledge in the field of debt collection agreed to perform such services to the City for debt's owing to the City and placed with Consultant for collection prior to July 1, 2014, by which Consultant has provided debt collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. The parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. D. The parties also wish to amend the Scope of Services with respect to the periods of debt placement and types of debt for which the Consultant shall provide collection services to the City to include all types of debt previously assigned by the City to Consultant through June 30, 2014, plus all "prohibited debts" (as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016) assigned by the City to Consultant beginning.July 1, 2017. E. The parties also wish to amend Compensation set forth in the Scope of Services for the extended Tenn. 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. The parties hereto now desire to amend Section 1 "SCOPE OF SERVICES ", subsection (A) "Consultant Responsibilities ", including parts (1) and (2) of said Agreement, as follows: 1. SCOPE OF SERVICES A. Consultant Responsibilities. Consultant shall provide continuing collection services in connection with all overdue miscellaneous accounts receivable billings previously assigned by the City to Consultant through June 30, 2014, as set forth in Consultant's Proposal dated March 20, 2014, on file in the Santa Ana Purchasing Division. In addition to which Consultant shall provide collection services in accordance 25D -7 with said proposal in connection with all "prohibited debts" (as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines established effective September 1, 2016), which shall be assigned by the City to Consultant beginning July 1, 2017. Assignable debts shall not include parking citation debts. In performing said services, Consultant shall: 1. Make concerted efforts on behalf of the City to: a. collect all past due accounts previously assigned to Consultant by City in accordance with FCRA guidelines in effect at the time of said assignment or otherwise now applicable; and b. collect all new past due accounts assigned to Consultant by City in accordance with FCRA guidelines for prohibited debt established September 1, 2016. 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following: (i) For accounts previously assigned by the City to Consultant through June 30, 2014: a. 20% for accounts placed for standard collection b. 35% for accounts requiring legal action (ii) For all accounts receivable initially placed for collection within 7 months of delinquency beginning July 1, 2017: a. 20% for accounts placed for standard collection; b. 33% for accounts requiring legal action. (iii) For all accounts receivable initially placed for collection after 7 months of delinquency beginning July 1, 2017: a. 22% for accounts placed for standard collection; b 35% for accounts requiring legal action. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: This First Amendment to Agreement shall commence on July, 1, 2017 and terminate on June 30, 2019, unless extended by subsequent amendment of said Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This First Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. 2 25D -8 IN'WITNESS WHEREOF, the parties hereto have executed this First Amendment 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 STORM Assistant City Attorney RECOMMENDED FOR APPROVAL Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: CYNTHIA J. KURTZ Interim City Manager AMERICAN CAPITAL ENTERPRISES, INC. RONALD G. MATHESON President Tax ID # 95- 3840461 25D -9 25D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: AGREEMENT AMENDMENT WITH SERRANO ANIMAL & BIRD HOSPITAL FOR VETERINARIAN SERVICES AT THE SANTA ANA ZOO AT PRENTICE PARK {STRATEGIC PLAN NO. 2,2E) C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Serrano Animal & Bird Hospital to provide veterinary services at the Santa Ana Zoo by increasing the agreement amount by $16,000 and extending the term two months through August 31, 2017 for a total agreement amount of $100,500 for the term of the agreement, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) oversees the operations of the Santa Ana Zoo at Prentice Park. The Santa Ana Zoo has established a comprehensive animal health program to monitor the wellness of the animals residing at the Zoo. Through routine, weekly zoo - facility visits to examine the animals' health and sanitation and maintenance of medical history records for each animal, the veterinarian is able to provide preventative and curative medical care for the entire zoo collection. Serrano Animal & Bird Hospital was awarded a three -year agreement in 2014 and is set to expire June 30, 2017. PRCSA is in the process of issuing a Request for Proposals (RFP) to solicit veterinarian services. The two -month extension will allow staff the time needed to finalize the RFP process to be able to award an agreement in August 2017. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #2 (Expand youth programming), Strategy E (Partner with outside agencies and secure funding to rehabilitate zoo exhibits and expand the Santa Ana Zoo). 25E -1 Agreement Amendment with Serrano Animal & Bird Hospital for Veterinarian Services May 16, 2017 Page 2 FISCAL IMPACT Funds will be budgeted and made available in the following account for the specified year: Unit PRCSA -Zoo (no. 01113220 - 62300) Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement Amendment FY 17/18 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director - = Finance and Management Services Agency 25E -2 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sanniento Jose Solorio Sal Tinalero Juan Villages CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M29 • P.O. Box 1988 Santa Ana, California 92702 714 -647 -5201 • Fax 714- 647 -6515 W W W.santa- ana.lo June 6, 2017 Scott Weldy, DVM Serrano Animal & Bird Hospital 21771 Lake Forest Drive, Suite 111 Lake Forest, CA 92630 Re: Two -Month Extension of Agreement for Veterinary Services (Agreement No. A- 2014 -108) Dear Dr. Weldy: ACTING CITY MANAGER Gerardo Mouel CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Agreement No. A- 2014 -108 ( "said Agreement'), entered into by Dr. Scott Weldy, DVM dba Serrano Animal -& Bird Hospital and the City of Santa Ana, dated July 1, 2014 for the provision of veterinary services will expire on June 30, 2017. In order for the City to issue a Request for Proposals ( "RFP ") for such veterinary services, the City Council approved a two month extension of said Agreement for a final two (2)- month period, from July 1, 2017 through August 31, 2017. Compensation during the 2 -month extension shall not exceed Sixteen Thousand Dollars ($16,000). The insurance certificates are required to be extended and/or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in full force and effect. Sincerely, Gerardo Mouet Executive Director of Parks, Recreation and Community Services Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney � r Lisa Storck Assistant City Attorney CITY OF SANTA ANA Robert Cortez Deputy City Manager ATTEST: Maria D. Huizar Clerk of the Council SANTA ANA CITY COUNCIL Miguel A. Pulido Michele MaNn.z Vicente sarmiemo Jos.SOlono P. David Benandes Juan Vlllegas Sal Lnale/o Mayor Mayor Tem. ward Wall Were Want Ward Ward6 meWd.aaante -are oN Mmatlinaz'dsanta -aria ]Ie yearm ;entaesama -era om . = Ward/Ide535arla- aria or wegas•fimma-ana,cm Sandie /.:6aan(a dna Min 25E -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: AGREEMENT WITH VALLEY MAINTENANCECORPORATION FOR CUSTODIAL SERVICES AT CITY PARKS (STRATEGIC -PLAN. NO. 6, 1 B) — - C TICMANA(�',ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Valley Maintenance Corporation to provide park restroom and park building custodial services at City parks in an annual amount not to exceed $263,684, which includes a 10% contingency, for a two - year term from June 1, 2017 through May 31, 2019, with two, one -year renewal options. In addition, the contract will include a start-up cost of $6,278 in the first year of the contract, for a total cost of $1,061,014 over the term of the contract, including renewals, subject to non - substantive changes approved by the City Manager and City Attorney. The Parks, Recreation and Community Services Agency (PRCSA) divides the city into four maintenance districts. The PRCSA provides custodial services at park restrooms and at various park buildings through a contractor. On March 8, 2017, PRCSA issued a Request for Proposal (RFP) for custodial services, which was posted on PlanetBids. The Agency received two proposals from interested companies. An evaluation committee consisting of two representatives from PRCSA -Park Maintenance reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP: references, fee and qualifications. The results of the RFP evaluation were as follows: Company Score Valley Maintenance Corporation 200 Merchants Building Maintenance 175 City staff recommends entering into an agreement with Valley Maintenance Corporation. At the start of the agreement the contractor will deploy additional resources to perform custodial 25F -1 Agreement with Valley Maintenance Corporation May 16, 2017 Page 2 services above and beyond the routine services that will be performed. The cost startup service will be $6,278. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City 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). FISCAL IMPACT Funds are available in the following accounts for the specified years of the initial term: Accounting Unit PRCSA- Stadium Total FY 16/17 FY17/18 FY18/19 ` 13210 - 62300) $ 3,514 $ 33,720 28,252 $263,684 $ 30,y10 $241,710 Funds are available in the following accounts for the specified years of the two, one -year renewal terms: Unit FY 18/19 FY19/20 FY20/21 PRCSA- Stadium (no. 01113210 - 62300) $ 2,810 $ 33,72U $ 3u,ulu PRCSA -Park Maintenance (no 01113250 - 62320) $ 19,164 $229,964 $210,800 Total $ 21,974 $263,684 $241,710 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �yy Executive Director Finance and Management Services Agency 25F -2 AGREEMENT WITH VALLEY MAINTENANCE, CORP. FOR JANITORIAL SERVICES AT PARK RESTROOMS & PARK BUILDINGS THIS AGREEMENT is made and entered into this I" day of June, 2017 by and between Valley Maintenance Corp. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS A. On March 8, 2017, the City issued Request for Proposal No. 17 -031, by which it sought proposals from qualified firms for high quality janitorial maintenance services at City park restrooms and park buildings. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the Scope of Work for park restrooms and park buildings that were included in RFP No. 17 -031 that is attached to this Agreement in its entirety, along with Addendum No. 1, as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. 2. SCOPE OF SERVICES Contractor shall perform those services set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed - $263,685 annually during the term of this Agreement, including any renewal option periods. This annual amount includes a 10% contingency for services as may be performed by Contractor at the sole discretion of City. b. The Compensation for the first year of the Agreement shall include an additional start-up cost of $6,278 which will cover additional clean -up work to bring the City park restrooms and park buildings up to a standard level. Therefore, the Compensation for the first year of said Agreement shall not exceed $269,962. c. Payment by City shall be made within forty -five of days (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 25F -3 3. TERM This Agreement shall commence on June 1, 2017 and terminate on May 31; 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) additional one -year option periods by 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. 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 Contractor under this Agreement ( "Documents & Data "). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. BONDS Contractor shall supply a payment bond in the amount of fifty percent (50 %) of the awarded total annual contract amount of the proposal prior to execution of the Agreement. Upon receipt of the payment bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if Contractor fails to execute the written Agreement and furnish the required payment bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The payment bond is to be renewed annually and submitted by the Contractor in the amount of 50% of the annual contract amount. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection 25F -4 against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the Performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 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. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, 25F -5 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 negligent operations of the Contractor or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all 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 Contractor 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 Contractor. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or 25F -6 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 Copies to: To Contractor: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza M -23 P.O. Box 1988 Santa Ana, California 92702 Valley Maintenance Corp. 3660 Wilshire Blvd Los Angeles, CA 90010 (213) 388 -3370 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 Contractor regarding the subject matter therein, 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 25F -7 with, or in addition to, the terms and conditions hereof, shall not bind or obligate 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. 14. 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 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, Contractor shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NONDISCRIMINATION 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 or in connection with any activities under this Agreement. Contractor 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 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 25F -8 governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By. Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA Robert Cortez Deputy City Manager CONTRACTOR: Name: Title: 25F -9 EXHIBIT A-' Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS RFP NO.: 17 -031 Description of Work It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, chemicals and other items needed to perform high quality park janitorial maintenance pursuant to the terms defined herein. This RFP identifies facilities in to two groups, park mstrooms and park buildings. Park buildings include community centers (including gymnasium, if applicable) and other facilities that are not stand -alone restroom -only structures, which are considered park restrooms. The Contractor shall provide all park restroom janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing, toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces including the walls, roof, windows, etc. and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall provide all park building janitorial maintenance at work sites listed herein, including, but not limited to cleaning, scrubbing, polishing of windows, desks, cabinets, computers, phones, kitchen appliances, hanging amenities (clocks, pictures, Knox boxes, etc.),toilets, urinals, doors, walls, floors, ceilings, windows, partitions, dispensers, hand rails plumbing fixtures, and replacing burned out lights at the contractors expense, lens covers, removing foreign materials i.e. paper wads stuck to ceilings, walls, etc. In addition, the Contractor shall clean the exterior of the building surfaces required to maintain the work sites in a safe, attractive and useable condition. Contractor understands that it is assuming maintenance responsibility of the parks/locations "as is" and is responsible for improving all aspects of the parks facilities to the quality described in these specifications and interpreted by the City's Representative. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. EXHIBIT A 25F -10 1.0 DEFINITIONS 1.1 "City's Representative" shall mean the Executive Director of Parks, Recreation and Community Services designated representative. 1.2 "Cleaning" shall mean the practice of thoroughly removing all stains, foreign materials, mineral deposits, etc. to achieve a high quality "like new" appearance. 1.3 "Sanitizing" shall mean to disinfect (eradicate disease causing agents) by use of germicidal or other approved disinfecting products. 1.4 "Polishing" shall mean, following cleaning, using products to enhance the "shine" of the surface being polished. 2.0 AGREEMENT START -UP See Addendum 3.0 PARK RESTROOM MAINTENANCE Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Attachment 3 -6. 3.1 Daily Cleaning Schedule 3.1.1 Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. 3.1.2 Flush toilets and urinals prior to finishing and add approved products. 3.1.3 Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and /or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. 3.1.4 If stoppages cannot be unplugged or if other plumbing problems are noticeable, notify the City's Representative immediately. Contractor shall remove all waste from the clogged urinal/commode, clean the urinal /commode and place a plastic waste receptacle liner over the unit to protect it from use until a Plumber can clear the clog. 3.1.5 Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 3.1.6 Empty, clean and sanitize receptacles inside and out. 25F -11 3.1.7 Sweep and mop entire floor with approved germicidal cleanser /solution. Hosing out restrooms is not an acceptable practice. 3.1.8 Clean and sanitize all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile floors and walls shall be cleaned and polished. 3.1.9 Clean, sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. 3.1.10 Clean and disinfect benches using approved germicidal cleanser. 3.1.11 Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. 3.1.12 Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 3.1.13 Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. 3.1.14 Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. 3.1.15 Clean exterior of the buildingtroof free of all stains, dirt, grime, sand, or other foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. within 10' of the building. 3.1.16 Turn off lights once work is completed. 3.1.17 Clean and polish exterior of the building amenities (attached) including but not limited to drinking fountains, lights, Knox boxes, plaques, windows (except Stadium Press Box), etc. of dirt, grime, all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. 3.1.18 Clean interior windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. This includes Stadium Press Box. 3.2 Weekly Cleaning Schedule — Restrooms, Showers and Locker Rooms 3.2.1 Polish all tiles surfaces using approved product to achieve a high quality appearance. 3.2.2 Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. 3.2.3 Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 3.3 Monthly Cleaning Schedule — Restrooms, Showers and Locker Rooms 3.3.1 Clean and resurface floor surfaces using approved products per the manufacturer's specifications. 3.3.2 Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. 3.3.3 Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 25F -12 3.3.4 Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk- behind floor scrubber and hand held power scrubber being careful not to damage flooring. 3.4 Bi- Annual Cleaning Schedule 3.4.1 Pressure wash roofs to remove dirt, dust, debris, stains, etc. 4.0 PARK BUILDING MAINTENANCE- GENERAL Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Attachment 3 -6. SPECIAL NOTICES -All furniture moved by the Contractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff. All such work areas shall be denoted as such. Work areas and equipment shall remain under this state /condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. 4.1 Daily Cleaning Schedule 4.1.1 Restock all supplies daily so dispensers are completely full. Replace vandalized dispensers with approved manufacturer and model dispensers to Park Maintenance specifications upon discovery. Dispensers will be provided by the City. All supplies shall be provided by the contractor 4.1.1 Flush toilets and urinals prior to finishing and add approved products. Replace waterless urinal filters with approved urinal manufacturer's cartridges as often as necessary to prevent foul odors and urine back -up. Waterless urinal filters shall be provided by the Contractor and shall be per the waterless urinal manufacturer's specified cartridge. 4.1.2 Check toilets and urinals for stoppages and use plunger and /or hand auger to unplug. Note that the should the Contractor be unsuccessful in unplugging the toilet or urinal causing the City to unclog the unit, and the clog is unplugged by plunger and/or hand auger, the cost for this service will be deducted from the Contractor's next monthly invoice. 4.1.3 If stoppages cannot be unplugged or if other plumbing problems are noticeable, cover the urinal /commode with a trash liner then notify the City's Representative immediately, 4.1.4 Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, windows, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 4.1.5 Empty, clean and sanitize receptacles inside and out. Replace plastic waste receptacles liners so they are neat in appearance. 25F -13 4.1.6 Carpeting & Rugs- Vacuum all carpeted -rug areas wall -to -wall including areas immediately adjacent walls and other obstacles. Contractor may elect to sweep these areas out by hand first before vacuuming. 4.1.7 Tile and other resilient floors and walls shall be swept, mopped using approved germicidal cleansers, and buffed/polished to a non - streaked consistent in appearance luster. 4.1.8 Clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, book cases, books, doors, partitions, door /window jambs, vents, light fixtures, ceilings, windows, window sills, mirrors, computers, telephones, speakers, wall boards, pictures, etc. 4.1.9 Clean, sanitize interior and exterior of kitchen appliances, cabinets, washbasins, floor drains, and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. 4.1.10 Kitchens & break rooms -Wash and dry dishes and put away. Clean and sanitize counter tops, tables (surface and hardware, legs, etc.), vending machines, display cases, etc. 4.1.11 Furniture - Clean, dust, vacuum, disinfect and polish furniture including but not limited to chairs, tables, cabinets, computers, televisions, exterior of potted plant pots, etc. using approved germicidal cleanser. 4.1.12 Lamps (lighting replacement) - Inspect and replace burned out interior and exterior lights at the Contractor's expense using approved products. 4.1.13 Locker Room -Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. Clean, sanitize and polish wood benches and metal hardware. 4.1.14 Showers -Clean and sanitize shower walls, fixtures and curtains using approved germicidal cleanser. 4.1.15 Exterior of Building Pick -up, clean, sanitizes and removes trash and debris, including but not limited to feces, urine, paper, within 10' feet of the building in each direction. 4.1.16 Exterior Building Service -Clean exterior of the building free of all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. 4.1.17 Outside Patios, Balconies and Building Entryways- Remove cobwebs from overhead surfaces, lights and other amenities affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. 4.1.18 Entrance Glass, Mirrors and Workstation Glass- Thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and/or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above. Spot clean workstation and /or partition glass daily as needed. 4.1.19 Entrance Mats - Remove moisture, wet or dry soil, and any debris from carpeted, rubber and /or other material mats. Ensure mats are properly positioned on the floor. 25F -14 4.1.20 Stain Removal on Carpet, Upholstery, Partition Panels and Walls -Clean and/or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is a coffee spill, use a contractor- supplied product similar to Interface Coffee Breaker and follow the manufacturer's recommended procedures. Do not blot or attempt to extract. Simply spray the affected area(s). 4.1.21 Remove slap tags, graffiti and any other materials used to deface the building and it amenities. 4.1.22 Replace burned out lights (at the contractor's expense) Turn off lights once work is completed. 4.1.23 "Offices, Stadium Press Box, Closets, Storage Rooms," Restrooms, Showers and Locker Rooms 4.2 Weekly Cleaning Schedule 4.2.1 Spray and Buffing of Hard Floors -Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc., shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a uniform coating of floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. 4.2.2 Dusting of Ceiling, Atrium Ledges, Lunchroom Drywall Ledges and HVAC Wall Vents -Clean all HAVAC vents and area immediately surround them. Dust all atrium ledges at the glass /wood railing areas and at the atrium stairs. Dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. 4.2.3 High Dusting- Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. 4.2.4 Inspect shower curtains, If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. 4.2.5 Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 4.3 Monthly Cleaning Schedule 4.3.1 Carpeted Floors -Pile lift carpet floors in all areas. 4.3.2 Carpeted Floors — Bi- Monthly* - Spin bonnet all carpeted floors every two (2) months. *(calculate to monthly cost for bidding purposes). January; March; May; July; September and November. 4.3.3 Tile Floors -Spray buff all tile floors. 'Clean and resurface floor surfaces using approved products per the manufacturer's specifications. 4.3.4 Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. 4.3.5 Pressure -wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc, to within 50' of the building. 4.4 Quarterly Cleaning Schedule 25F -15 4.4.1 Tile Floors — Strip and wax all tile floors quarterly. *(calculate to monthly cost for bidding purposes) 4.5 Bi- Annual Cleaning Schedule 4.5.1 Clean roofs free of leaves and all other debris. 4.5.2 Pressure washes metal roofs to remove dirt, dust, debris, stains, etc. 4.5.3 Carpeted Floors — Semi - Annually* - Extract clean carpeted floors two (2) times per year. *(calculate to monthly cost for bidding purposes) April and October 4.5.4 Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk - behind floor scrubber and hand held power scrubber being careful not to damage flooring. 5.0 PARK BUILDING MAINTENANCE - GYMNASIUM A high level appearance and a safe surface underfoot require scheduled, daily preventive maintenance. 5.1 Gymnasium General -Daily Maintenance 5.1.1 Clean walls and doors free of smudges, ball marks, and any other marks. 5.1.2 Clean any fixtures and/or appurtenances by wiping them free of marks, dust or any other unclean material. 5.1.3 Clean bleachers of trash, spills, stains, dust, dirt etc. Wipe down bleachers handrails. 5.1.4 Clean, sanitize and polish all steel surfaces including but not limited to metal hardware, door handles /plates, etc. 5.1.5 Clean all interior and exterior door glass. 5.1.6 Polish all panic bars and kick rails. 5.2 Gymnasium General - Weekly Maintenance 5.2.1 Clean up and organize storage areas. 5.2.2 Dust off vents and other appurtenances up to 12' high. 5.2.3 Clean and disinfect wall coverings dust, marks, etc. up to 12' high 5.2.4 Clean up and organize the storage area. 5.2.5 Dust off vents and other appurtenance above 12' high. 5.2.6 Wipe down baseboards free of dust, marks, etc. 5.2.7 Clean walls above 12' high. 5.2.8 Clean basketball backboards free of smudges, ball marks, dust, etc. 5.3 Gymnasium General - Yearly Maintenance 5.3.1 Dust off and clean hanging ducts, score boards, etc. Note, that the Contractor shall be responsible for the annual cleaning of the Salgado Gym duct work. Should the Contractor elect to sub - contract this work, they shall notify the City and the City shall instruct the sub- contractor on the process to become a City vendor. The sub- contractor shall be approved by City Purchasing as a City vendor before performing any work. 5.4 Gymnasium Floor Maintenance — Daily 25F -16 5.4.1 Matting- Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. The mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture and other materials harmful to the gymnasium floor. 5.4.2 Dust Mopping -An essential element of preventive maintenance of wood sports flooring is daily dust mopping. The contractor shall use Algoma Mop Manufacturers "Mariner' mops (or approved equal) that has been treated with Hillyard Super Hil- Tone®, Hil- Mist ®, or Hil- Treat®, to remove dirt and grit that acts like sandpaper underfoot in wearing away the gloss and protective coating on the flooring. The contractor shall clean the entire gymnasium wood floor surface daily. The contractor shall treat the dust mops by following the label directions. Never treat a dust mop and immediately use it. The contractor shall rotate dust mops daily. The contractor shall always brush out or vacuum the dust mops after each daily use, retreat the mop, and hang overnight for the next use. 5.4.3 Spot Mopping and Damp Mopping -The contractor shall also provide daily preventive maintenance of gymnasium wood sports flooring by removing spills and soil that daily dust mopping does not remove. It is important to remove spills as soon as possible to prevent slips and falls. For removal of blood, fecal matter, urine, and other potentially infectious materials as outlined in OSHA Regulation 29 CFR 1910.1030, the contractor shall use the Hillyard Bodily Fluid Disposal Kit (Item No. HIL0018204) 5.5 Gymnasium Floor Maintenance — Bi- Weekly 5.5.1 Mop the entire gym floor once every two weeks using a ratio of 1 gallon warm water to 1 cup white vinegar to 1 cup of rubbing alcohol. Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime around the gym floor. 5.6 Tools Required 5.6.1 "Wet Floor" signs 5.6.2 Mop bucket with wringer 5.6.3 Clean rayon mop with handle 5.6.4 Autoscrubber 5.6.5 Hillyard Super Shine -All® 5.7 Procedures 5.7.1 Set out "Wet Floor" signs. 5.7.2 Mix Super Shine -All at 2 oz. per gallon of water in a mop bucket, or I oz. per gallon in an autoscrubber. 5.7.3 For spills, soak mop in the solution, wring out, and mop the floor area while absorbing the spill. 25F -17 5.7.4 Re -soak the mop in the cleaning solution, wring out, and mop the area a second time. 5.7.5 When damp mopping the entire floor, change the cleaning solution when it becomes cloudy with dirt. NOTE: Do not mop heavy amounts of cleaning solution onto the floor. 5.7.6 If autoscrubbing, use a new white pad. 5.7.7 Allow the floor to dry thoroughly before removing "Wet Floor" signs. 5.8 Spot Removal 5.8.1 Remove heel marks, gum, stains, etc. daily being careful to not damage the floor. Areas affected by removal of marks, gum, stains, etc, shall be refinished following Hillyard's refinishing specifications. 6.0 Approved Supplies 6.1 Restroom 6.1.1 Toilet Tissue - Acclaim White Singlefold Interfolded Bath Tissue # 10101— 00 6.1.2 Scott Bathroom Roll Tissue, item # 05102 20, 4.4 x4.5 inches. 6.2 Approved Cleaning Supplies 6.2.1 For cleaning urinals and commodes Colossus #1605 6.2.2 For cleaning polished and brushed chrome Sheila Shine 6.2.3 Metal/Chrome polish Sheila Shine 6.2.4 Disinfectant Versatile #180 7.0 BUILDING SECURITY The Contractor's shall provide the City at the beginning of the agreement a matrix listing the name of his/her custodians, what buildings they will service, what time the buildings will be serviced, what vehicles they drive (make, model and license number). This information will be copied to the Santa Ana Park Rangers and the Santa Ana Police Department for security purposes. The contractor shall keep all exterior doors locked during the performance of work or as otherwise directed and shall ensure that all doors are locked at the end of the shift unless otherwise noted. Offices with security systems shall have them activated immediately after work is completed in that area. The Contractor shall be responsible for any lost keys, card keys and any inherent damages (i.e., re- keying of whole facility). This cost shall be withheld from contractor's payment(s). The decision to re -key the whole facility is solely that of the City's Representative. 25F -18 8.0 EQUIPMENT USAGE There shall be no usage of City equipment, telephones, or facilities by the contractor's staff. The City may ask the contractor to remove staff from the site if they are found to be in violation of this policy. Electrical power (110) volts will be furnished by the City at existing power outlets for the contractor's use to operate such equipment as is necessary in the conduct of his work. The Contractor shall be responsible for any damage caused to the electrical outlets and their covers caused by the improper disconnection of equipment. Cold water will also be made available as necessary for cleaning. 9.0 EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the City's Representative may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e -mail for review /approval by City. The City's Representative may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet. The Contractor shall complete the spreadsheet in its entirety using his/her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. City will pay up to 15% mark -up on parts and materials. 10.0 CITY INSPECTION The Director's Representative shall regularly inspect City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, The Contractor agrees that the City shall; 1) withhold from Contractor's next monthly payment, the City's actual or estimated cost of performing the work; or, 2) hire a contractor or City staff to perform the work not performed and then withhold from the Contractor's next monthly payment the City's actual cost for performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per item specified herein not performed, per day not meeting the specifications during any such inspection. Furthermore, it is not the Director's Representatives responsibility to inform the Contractor when work specified in the specifications was not performed or that deficiencies exist. It is the Director's Representatives responsibility to inspect the properties to verify that work was performed to the specified level of quality and time frame followed by reporting that the work was performed satisfactorily or not. It is the Contractor's responsibility to provide adequate supervision and staffing to perform all aspects specified in this agreement. Should the Director's Representative create Power Point punch lists, essentially performing the Contractor's Supervisor's responsibilities /duties of determine what work needs to be performed in accordance with the agreement specificaitons, the City shall deduct $300 per Power Point punch list from the Contractor's monthly invoice. 25F -19 Consultant ResDOnsibilities' 1.0 GENERAL CONDITIONS 1.1 Local Office -The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m, with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. 1.2 Outside the Scope of Work- Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: -Acts of God -Civil Disorder - Vehicle Collision (excluding Contractor and its employees and subs) - Excavation or re- surfacing of the street -Power failures - Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from Performing under the Agreement. 1.3 Scheduling of Work 1.3.1 The Contractor shall provide park janitorial maintenance and be responsible for locking up the restrooms at the designated park closing time Monday through Sunday. The schedule may be modified at the City Representative's request. 1.3.2 The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the City's Representative each month. A copy of these schedules shall be provided to the City's Representative prior the performance, and any changes in scheduling shall be reported in writing. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the City's Representative in writing before any changes are made. 10 UNIFORMS AND VEHICLES IDENTIFICATION 2.1 The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests and ANSI approved safety shoes. All uniforms will be marked by patch, silk screen or embroidery with the company name and logo or other form of identification. 2.2 All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance and without extensive visible damage, dirt graffiti etc. In addition, all 25F -20 vehicles shall have the company's name, contractor's license number and contact information clearly identified on both sides and the rear of the vehicle. 2.3 The Director's Representative reserves the right to direct the Contractor to remove an employee or piece of equipment for not meeting high maintenance and appearance standards. 3.0 SAFETY REQUIREMENTS 3.1 All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be incompliance with his/her companies City annual approved Illness and Injury Prevention Program. 3.2 All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public from, including but not limited to, blood home pathogens, hazardous waste identification and transport and pesticide use and reporting 3.3 In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion order the Contractor to stop performing and pay all costs and or damages resulting from the delay. 3.4 Each year the contractor shall submit for approval their updated Injury and Illness Prevention Program (IIPP). As a part of this document the contractor shall include the OSHA mandated annual safety training schedule and the certified trainers for the calendar year. In addition, the contractor shall submit previous years OSHA safety training certificates verifying each employee completed the mandated annual OSHA safety training. For new employees, the contractor shall provide the employee, as a part of their new employee orientation, mandated OSHA annual training courses and submit their certificates of completion prior to the new employee being assigned to Santa Ana. 4.0 SAFETY NOTIFICATION 4.1 If Contractor identifies a potential safety issue, Contractor shall: 4.1.1 Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 4.1.2 Notify the Director's Representative of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. 5.0 PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 25F -21 6.0 ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and/or consent required from City and/or property owner 7.0 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre- approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 4). 8.0 MONTHLY REPORTS Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the City's Representative: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A -1; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) type and quantities of equipment, materials and/or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The City's Representative shall be immediately notified of any changes to the above information. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. 9.0 WATER CONSERVATION The City will pay for water used by Contractor pursuant to this agreement. Should the amount of water used be considered excessive and the City Representative can quantify what is considered normal water use from excessive then the Contractor shall pay the cost of the excess water. 10.0 SPECIFICATIONS INTERPRETATION The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. The Contractor agrees that interpretations of this contract after the start of work are at the sole discretion of the Director's Representative, and the Contractor shall abide by all such interpretations 11.0 PROTECTION OF EXISTING FACILITIES AND STRUCTURES 11.1 The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or Director's Representative shall make the determination of fault. The Director's Representative 25F -22 reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. 11.2 If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 11.3 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the Director's Representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized Director's Representative for a timely resolution of the problem. 12.0 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 13.0 CERTIFICATION & APPLICATION OF MATERIALS 13.1 All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the Director's Representative. The Director's Representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 13.2 No materials shall be applied prior to the Director's Representative verifying the specified quantities of materials. Furthermore, should the Contractor apply materials before the Director's Representative verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. 14.0 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 15.0 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 16.0 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shalt be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 25F -23 17.0 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, Director's Representative, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the Director's Representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any such action shall be charged against the Contractor, or the Director's Representative may deduct such cost from any amount due to Contractor. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or Director's Representative. If any complaint is not abated within a reasonable time, the Director's Representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the Director's Representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the Director's Representative, the Director's Representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges 18.0 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the Director's Representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 19.0 WORK FORCE The D'irector's Representative may evaluate each of the Contractor's staff and if he /she finds that a Contractors employee or sub - contractor's employee is not performing or has not completed the required OSHA mandated safety training to the satisfaction of the Director's Representative, the Director's Representative shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. 20.0 MATERIALS The Director's Representative shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the Director's Representative inspects the materials to confirm they are correct per specifications and, when required by the Environmental Protection Agency, have the Safety Data Sheets that are placed on the premises of the property where the materials shall be applied. Note that the Director's Representative may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the Contractor prior to the Director's Representative inspecting the materials shall be considered not applied. Therefore, the Contractor shall not be given credit towards the quantity of the specified material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site 25F -24 and, following the Director's Representatives approval, apply the materials in the presence of the Director's Representative: Prior to the application or use of any materials the Contractor shall submit to the Director's Representative a minimum 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the products specifications, and the quantity of materials, prescribed method of use /application, Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturer's data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. Materials shall as specified herein, matching those existing at the work site, or as specified by the Director's Representative. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. 21.0 TRASH DISPOSAL AND RECYCLING All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. As an alternative, the City may allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service.\ 25F -25 Citv Responsibilities 1.0 CITY - DIRECTOR'S AUTHORITY The Director's Representative is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director's Representative. In the event that the Contractor effects any such changes at the direction of any person other than the Director's Representative, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director's Representative shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The Director's Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard or not on schedule, the Director's Representative may recommend that all or a portion of payment be withheld. In addition, the Director's Representative shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director's Representative shall decide all questions and/or interpretations, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. Special Requirements See - ATTACHMENT 4: ADDITIONAL PROVISIONS 25F -26 APPENDIX ATTACHMENT 5: QUALITY STANDARDS 25F -27 ! .^ | \ W 7� Cl) \ m � f 4.1 v �& ƒd _ / / � � � . } � � . ..� . - El! q �� } iml Ono � �. 25F -29 P CUD O 00 9D ao j W co 4 �~ i Ct a cz �� r� .' )'Z,, 3 " ��/� Qi C'V cn a { •fy V�yil -I�---+I +�}p�b�'fux��. a.� - � g�'t U'Y`tiv �[4 4 D � x , `�'a fy{� t, °S E '� F € • Cy � �V.J} � r ro rd r i 4; 25F -30 :2 � � m � � 2 5t / i9 t2 \\ \) \ 1 =4 } n k //\ / } r4 :2 � � m � � 25F-32 of ro § � 'ErT:$ § k�2\ = u > ƒ \ 'k 4 .ƒ ƒ 7 - r4 Q ) ) � n n co 0 co k2v 0 /k §36 25F-32 j {) p' f i l 3 9(� �i. t F rr Y 25F -33 s 25F -33 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sanniento Jose Sclorio Sal Tinaiero Juan Villegas CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1968 Santa Ana, California 92702 714- 647 -6900 www Santa -ana o a ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar March 27, 2017 Page 1 of 1 ADDENDUM NO.1 REQUEST FOR PROPOSAL FOR PARK RESTROOM AND PARK BUILDING CUSTODIAL SERVICES RFP NO: 17 -031 DATE DUE: APRIL 5, 2017 AT 5:00 P.M. Notice is hereby given that the City of Santa Ana, Parks, Recreation and Community Services Agency has made certain modifications, additions and/or deletions, in the specifications to RFP NO: 17 -031 FOR PARK RESTROOM AND PARK BUILDING CUSTODIAL SERVICES. This addendum shall become part of the original Request for Proposal. Attachment 1 -Scope of Work Paragraph 2.0 AGREEMENT START -UP (page 11) shall be deleted and replaced with the following: 2.0 AGREEMENT START -UP Beginning from the start date of the agreement and for a period corresponding to the Start -Up Schedule (to be provided by the Proposer and Labeled Attachment 3 -8) the Contractor shall visit each building and park restroom to provide a one -time start-up service. The Contractor shall provide extra labor, equipment, materials, at a cost to the City identified in Attachment 3 -6 Fee Proposal, to raise the quality of janitorial maintenance to the level specified in the agreement/specifications. Following the Contractor's start-up at each building /park restroom, the City Representative will meet with the Contractor to inspect the facility and either approve or cite the areas within the specifications where the Contractor shall provide further quality janitorial maintenance. If at the end of the start-up period the Contractor has not completed the start-up service to the satisfaction of the City's Representative, the City shall withhold the City's estimated cost of performing this service from the Contractor's start-up cost invoice. Specifically, the Contractor shall complete the following tasks, in addition to the routine services identified in Attachment 1 -Scope of Work Paragraphs 3.0-5.0, to the satisfaction of the Director's Representative: SANTA ANA CITY COUNCIL M,.d A. Pulido W6horr hvrr! z Vicenlasarnienlo Jas. Solana P. Davld Benavides Juan Vinegars Sal T.O. Maya, Wybr Pro Tem, Ward 2 Ward Ward Ward e,pWitlaolsanla- ane.om l,tlma ?naz o] Wards Wards v Ignlzp 32lmioosnrrana Ora deade (an - -ana em MI a= sdna'er.misant aM 25F -34 Page 2 of 9 2.1 PARK RESTROOM, SHOWERS 8, LOCKERROOM MAINTENANCE 2.1.1 Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 2.1.2 Clean and sanitize receptacles inside and out. 2.1.3 Clean, sanitize and polish all surfaces, including walls, doors, partitions, door /window jambs, vents, light fixtures, ceilings, etc. Tile surfaces and walls shall be cleaned and polished. 2.1.4 Clean, sanitize interior and exterior of washbasins and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, urinals, plumbing, sinks, flush valves, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. 2.1.5 Clean and disinfect benches using approved germicidal cleanser. 2.1.6 Inspect and replace burned out lights at the Contractor's expense inside and outside the building using approved products. 2.1.7 Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. 2.1.8 Clean, sanitize and polish shower walls, fixtures and curtains using approved germicidal cleanser and products. 2.1.9 Clean exterior of the building /roof free of all stains, dirt, grime, sand, or other foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. within 10' of the building. 2. 1.10 Clean and polish exterior of the building amenities (attached) including but not limited to drinking fountains, lights, Knox boxes, plaques, windows (except Stadium Press Box), etc. of dirt, grime, all foreign materials including paper wads, confetti, tape, slap tags, cob webs, dust, etc. 2.1.11 Clean interior windows free of dirt, grime, tape, smudges, streaks, etc. to achieve a clear glass condition. This includes Stadium Press Box. 2.1.12 Polish all tiles surfaces using approved product to achieve a high quality appearance. 2.1.13 Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. 2.1.14 Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 2.1.15 Clean and resurface floor surfaces using approved products per the manufacturer's specifications. 2.1.16 Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. 2.1.17 Pressure wash all exterior wall and pavement surfaces to remove dirt, dust, debris, stains, etc. to within 10' of the building. 2.1.18 Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk- behind floor scrubber and hand held power scrubber being careful not to damage flooring. 2.1.19 Pressure wash roofs to remove dirt, dust, debris, stains, etc. 25F -35 Page 3 of 9 2.2 PARK BUILDING & STADIUM MAINTENANCE 2.2.1 Remove all stains, dust, litter, debris and otherwise foreign matter on all interior surfaces including doors, sills, partitions, floors, walls, ceilings, windows, etc. This includes, but not limited to, wads of paper stuck on ceilings, tape, etc. 2.2.2 Empty, clean and sanitize receptacles inside and out. Replace plastic waste receptacles liners so they are neat in appearance. 2.2.3 Clean, dust and sanitize all surfaces inside and out, including walls, blinds, drapes, book cases, books, doors, partitions, door /window jambs, vents, light fixtures, ceilings, windows, window sills, mirrors, computers, telephones, speakers, wall boards, pictures, etc. 2.2.4 Clean, sanitize interior and exterior of kitchen appliances, cabinets, washbasins, floor drains, and around all fixtures to remove mineral deposits, water spots, dirt, grim, and any other unclean condition. Polish all metal fixtures surfaces, inside and out, including but not limited to toilets, drinking fountains, urinals, plumbing, sinks, flush valves, kitchen vent hoods, mounting plates, dispensers, nuts, screws, traps, hose bibs, water connections, handrails, mirrors, etc. using approved products. 2.2.5 Kitchens & break rooms -Wash and dry dishes and put away. Clean and sanitize counter tops, tables (surface and hardware, legs, etc.), vending machines, display cases, etc. 2.2.6 Furniture- Clean, dust, vacuum, disinfect and polish furniture including but not limited to chairs, tables, cabinets, computers, televisions, exterior of potted plant pots, etc. using approved germicidal cleanser. 2.2.7 Lamps (lighting replacement)- Inspect and replace burned out interior and exterior lights at the Contractor's expense using approved products. 2.2.8 Locker Room - Clean and disinfect lockers (inside, outside and tops) using approved germicidal cleanser. Throw away any trash found in unlocked lockers or on top of lockers. Clean, sanitize and polish wood benches and metal hardware. 2.2.9 Showers — Clean, sanitize and polish shower walls, fixtures and curtains using approved germicidal cleanser. 2.2.10Outside Patios, Balconies and Building Entryways- Remove cobwebs from overhead surfaces, lights and other amenities affixed to the building entryway areas. This would include cleaning the exterior of glass and metal doors, door thresholds and hardware. Remove any litter, cigarette butts or bird droppings. 2.2.11 Entrance Glass, Mirrors and Workstation Glass - Thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc. Remove any paper and /or tape. Clean all mirrors in restrooms, locker rooms and fitness center in the same manner as noted above. Spot clean workstation and /or partition glass daily as needed. 2.2.12 Entrance Mats - Remove moisture, wet or dry soil, and any debris from carpeted, rubber and /or other material mats. Ensure mats are properly positioned on the floor. 2.2.13 Stain Removal on Carpet, Upholstery, Partition Panels and Walls -Clean and /or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is a coffee spill, use a contractor - supplied product 25F -36 Page 4 of 9 similar to Interface Coffee Breaker and follow the manufacturer's recommended procedures. Do not blot or attempt to extract. Simply spray the affected area(s). 2.2.14 Remove slap tags, graffiti and any other materials used to deface the building and it amenities. 2.2.15 Replace burned out lights (at the contractor's expense) Turn off lights once work is completed. 2.2.16 Spray and Buffing of Hard Floors - Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. 2.2.17 Dusting of Ceiling, Atrium Ledges, Lunchroom Drywall Ledges and HVAC Wall Vents -Clean all HAVAC vents and area immediately surround them. Dust all atrium ledges at the glass /wood railing areas and at the atrium stairs. Dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. 2.2.18 High Dusting- Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the floor surface. This would include lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. 2.2.19 Inspect shower curtains. If curtains are worn, the Contractor shall replace them at his own expense with a shower curtain product acceptable to the City's Representative. 2.2.20 Clean light fixtures and protective coverings inside and out using approved germicidal cleanser. 2.2.21 Use pumice stone or other product/tool to remove mineral buildup from around fixtures in the restroom. 2.2.22 Pressure -wash all exterior wall and pavement surfaces to remove dirt, gum, dust, debris, stains, etc. to within 50' of the building. 2.2.23 Tile Floors — Strip and wax all tile floors 2.2.24 Clean roofs free of leaves and all other debris. 2.2.25 Pressure washes metal roofs to remove dirt, dust, debris, stains, etc. 2.2.26 Scrub floors and base boards completely clean of dirt, grim, stains, etc. using a power walk- behind floor scrubber and hand held power scrubber being careful not to damage flooring. 2.3 PARK BUILDING MAINTENANCE - GYMNASIUM 2.3.1 Clean walls and doors free of smudges, ball marks, and any other marks. 2.3.2 Clean any fixtures and /or appurtenances by wiping them free of marks, dust or any other unclean material. 2.3.3 Clean bleachers of trash, spills, stains, dust, dirt etc. Wipe down bleachers handrails. 2.3.4 Clean, sanitize and polish all steel surfaces including but not limited to metal hardware, door handles /plates, etc. 2.3.5 Clean all interior and exterior door glass. 2.3.6 Polish all panic bars and kick rails. 2.3.7 Clean up and organize storage areas. 2.3.8 Dust off vents and other appurtenances up to 12' high. 2.3.9 Clean and disinfect wall coverings dust, marks, etc. up to 12' high 2.3.10 Clean up and organize the storage area. 25F -37 Page 5 of 9 2.3.11 Dust off vents and other appurtenance above 12' high. 2.3.12 Wipe down baseboards free of dust, marks, etc. 2.3.13 Clean walls above 12' high. 2.3.14 Clean basketball backboards free of smudges, ball marks, dust, etc. 2.3.15 Dust off and clean hanging ducts, score boards, etc. Note, that the Contractor shall be responsible for the annual cleaning of the Salgado Gym duct work. Should the Contractor elect to sub - contract this work, they shall notify the City and the City shall instruct the sub - contractor on the process to become a City vendor. The sub - contractor shall be approved by City Purchasing as a City vendor before performing any work. 2.3.16 Gymnasium Floor Maintenance Matting- Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. The mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture and other materials harmful to the gymnasium floor. 2.3.17 Gymnasium Floor Maintenance -Mop the entire gym floor using a ratio of 1 gallon warm water to 1 cup white vinegar to 1 cup of rubbing alcohol. Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime around the gym floor. 25F -38 Page 6 of 9 Attachment 3 -6 shall be deleted and replaced with the following: ATTACHMENT 3 -6: FEE PROPOSAL REQUEST FOR PROPOSALS RFP NO.: 17 -031 Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for Custodial Services. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Start -Uo �...._ .. ,� wmuames selecrea uhaer this RFP The proposer warrants that the prices, terms and conditioned quoted will be valid for a period of 120 days from the date the proposal is due, in order to allow time to award an agreement. The City reserves the right to delete one or more sites from this contract with 30 days written notice. It is the City's intent to award an agreement to two or more companies in order to divide up the districts among multiple companies. "`Round off Amounts to $5'' "' A. PARK RESTROOM MAINTPNAMr -= eeovineo 1 Add Address Start -U Cost CosUMonth. Cam esino 3311 W. 5th St. Edna 2140 W. Edna Dr. El Salvador 1825 W. Civic Center Dr. Riverview 1823 W 19th St. Rosita 706 N. Newhope St. District 2 Angels 914 W. 3rd St. Cabrillo 1820 E. Fruit St. Fisher Restroom 2501 N. Flower St. Fisher Cabin 2501 N. Flower St. Lo an/Che a's 1009 N. Custer St. Portola 1750 E. Santa Clara Ave. 25F -39 Page 7 of 9 PARK BUILDING MAINTENANCE SERVICES RR "A" 510 E. Memory Lan Cost/Yr. 1 o RR "B„ fo 510 E. Memory Lane NDistrict Rosita- Salgado Center 706 N. Newhope St. o Cabin 510 E. Memory Lane osita - Salgado Pool District 3 osita - Salgado Gym Delhi 2314 S. Halladay St. srct 2 Madison 1434S. Standard Ave. 1 Logan Center 1009 N. Custer St. Memorial 2102 S. Flower St. 2 Santiago Nature Center 510 E. Memory Lane Sand ointe 3700 S. Birch St. 3 Santiago Lawn Bowling Center- Both Levels District 4 Adams 2101 W Warner Ave. Centennial "A„ 3000 W. Edinger Ave. Centennial "B„ 3000 W. Edinger Ave. Centennial "C" 3000 W. Edinger Ave. Centennial HGHS 3000 W. Edinger Ave. DYSC "A" includes locker room 3000 W. Edinger Ave. and restrooms DYSC "B" 3000 W Edinger Ave. Herita a 4812 W Camille St. Jerome 2101 W Mcfadden St. Santa Anita 300 S. Figueroa St. Thornton 1801 W Segerstrom Ave. Windsor 2915 W. La Verne Ave. Total PARK BUILDING MAINTENANCE SERVICES 25F -40 Address Start-Up Cost Cost/Yr. 1 NDistrict Rosita- Salgado Center 706 N. Newhope St. osita - Salgado Pool 706 N. Newhope St. osita - Salgado Gym 706 N. Newhope St. srct 2 1 Logan Center 1009 N. Custer St. 2 Santiago Nature Center 510 E. Memory Lane 3 Santiago Lawn Bowling Center- Both Levels 510 E. Memory Lane 25F -40 Page 8 of 9 4 Garfield Community Center 501 N. Lacy Avenue 1 Maintenance Supervisor 6 Stadium -Press Box/West &East Restrooms/West & East Concession Bld /Locker Rooms 602 N. Flower Street $ 3 7 Willard Intermediate District 3 N. Parton StJ15 St. 4 Journeyman Electrician 1 Memorial Center 2102 S. Flower St. $ 6 2 Memorial Pool 2102 S. Flower St. Apprentice Plumber $ 3 Sandpointe 3700 S. Birch St. 9 Apprentice Painter 4 Cypress Center 625 S. Cypress Ave. District 4 1 Centennial Office - Offices, Restrooms, Training Rooms Centennial Road Total C. HOURLY SERVICES A. Labor Hourly Wage 1 Maintenance Supervisor $ 2 Maintenance Service Leadworker $ 3 Maintenance Service Laborer $ 4 Journeyman Electrician $ 5 Apprentice Electrician $ 6 Journeyman Plumber $ 7 Apprentice Plumber $ 8 Journeyman Painter $ 9 Apprentice Painter $ 25F -41 Page 9 of 9 Printed Name of Authorized Agent Title Signature of Authorized Agent Date 25F -42 n Services Cost By Square Foot Per Month —Park Restroom enance By Square Foot Per Month —Park Building nance V By Square Foot Per Month — Gym Maintenance By Square Foot Per Job — Pressure Wash Exterior es i.e. Wails, Roofs, Entrances, Areas Around s /Restrooms, Stadium Bleachers, Etc. Printed Name of Authorized Agent Title Signature of Authorized Agent Date 25F -42 PYHIRIT B ' Park Restroom Cuctnrlial District 1 Address Start-Up CostlYear Cost Cam esino 3311 W. 5th St. $ 88 $ 4,224 Edna 2140 W. Edna Dr. $ 88 $ 4,224 El Salvador 1825 W. Civic Center Dr. $ 88 $ 4,224 Riverview 1823 W. 19th St. $ 88 $ 4,224 Rosita 706 N. Newho a St. $ 88 $ 4,224 District 2 Angels 914 W. 3rd St. $ 88 $ 4,224 Cabrillo 1820 E. Fruit St. $ 88 $ 4,224 Fisher Restroom 2501 N. Flower St. $ 88 $ 4,224 Fisher Cabin 2501 N. Flower St. $ 88 $ 4,224 Logan /Che a's 1009 N. Custer St. $ 88 $ 4,224 Portola 1750 E. Santa Clara Ave. $ 88 $ 4,224 Santiago RR "A" 510 E. Memory Lane $ 58 $ 2,760 Santiago RR "B" 510 E. Memory Lane $ 58 $ 2,760 Santiago Cabin 510 E. Memory Lane $ 50 $ 2,400 District 3 Delhi 2314 S. Halladay St. $ 99 $ 5,184 Madison 1434 S. Standard Ave. $ 99 $ 5,184 Memorial 2102 S. Flower St. $ 99 $ 5,184 Sandpointe 3700 S. Birch St. $ 99 $ 5,184 Di District 4 Adams 2101 W. Warner Ave. $ $ 5,184 Centennial "A" 3000 W. Edinger Ave. $ $ 4,800 Centennial "B" 3000 W. Edinger Ave. $ d94 $ 4,800 Centennial "C" 3000 W. Edinger Ave. $ $ 4,800 Centennial HGHS 3000 W. Edinger Ave. $ $ 5,184 DYSC "A" includes locker room and 3000 W. Edinger Ave. $ 124 $ 6,480 restrooms DYSC'B" 3000 W. Edinger Ave. $ 69 $ 3,600 Heritage 4812 W. Camille St. $ 99 $ 5,184 Jerome 2101 W. Mcfadden St. $ 99 $ 5,184 Santa Anita 300 S. Figueroa St. $ 99 $ 5,184 Thornton 1801 W. Segerstrom Ave. $ 99 $ 5,184 Windsor 12915 W. La Verne Ave. $ 99 $ 5,184 Total $ 2,698 $ 135,888 EXHIBIT B 25F -43 Park Building Custodial 25F -44 Address Start-Up Cost Cost/Year District 1 1 Rosita- Salgado Center 706 N. Newhope St. $ 166 $ 7,944 2 Rosita - Salgado Pool 706 N. Newho a St. $ 134 $ 1,620 3 Rosita - Salgado Gym 706 N. Newho a St. $ 1,156 $ 7,500 District 2 1 Logan Center 1009 N. Custer St. $ 109 $ 5,220 2 Santiago Nature Center 510 E. Memory Lane $ 105 $ 5,040 3 Santiago Lawn Bowling Center -Both Levels 510 E. Memory Lane $ 118 $ 5,640 4 Garfield Community Center 501 N. Lac Avenue Y $ 170 $ 8,160 6 Stadium -Press Box/West & East Restrooms/West & East Concession 81dg /Locker Rooms 602 N. Flower Street $ 704 $ 33,720 7 Willard Intermediate N. Parton St. 115th St. $ 90 $ 4,620 District 3 1 Memorial Center 2102 S. Flower St. $ 225 $ 7,200 2 Memorial Pool 2102 S. Flower St. $ 320 $ 3,600 3 Sandpointe 3700 S. Birch St. $ 50 $ 2,400 4 Cypress Center 625 S. Cypress Ave. $ 45 $ 2,160 District 4 1 Centennial Office - Offices, Restrooms, Training Rooms Centennial Road $ 188 $ 9,000 Total $ 3,580 $ 103,824 25F -44 C. HOURLY SERVICES A Labor Hourly Wage 1 Maintenance Supervisor $38 2 Maintenance Service Leadworker $28 3 Maintenance Service Laborer $24 4 Journeyman Electrician $42 5 Apprentice Electrician $42 6 Journeyman Plumber $42 7 Apprentice Plumber $42 8 Journeyman Painter $36 9 Apprentice Painter $36 B Add -On Services Cost 1 Price By Square Foot Per Month — Park Restroom Maintenance $1.10 1 Price By Square Foot Per Month — Park Building Maintenance $0.13 2 Price By Square Foot Per Month — Gym Maintenance $0.05 3 Price By Square Foot Per Job — Pressure Wash Exterior Surfaces i.e. Walls, Roofs, Entrances, Areas Around Buildings /Restrooms, Stadium Bleachers, Etc. $0.45 25F -45 25F -46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: AMEND AN AGREEMENT FOR PLANNING AND ENVIRONMENTAL SERVICES WITH IBI GROUP FOR THE SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE (STRATEGIC PLAN NOS. 3,2A; 5,61B) C`MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with IBI Group to prepare the General Plan Circulation Element update, for a period no longer than May 2017 to November 2018 for an additional total amount of $156,716. The total contracted amount for the Circulation Element including the revised agreements is $736,961, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 1358 (AB 1358), the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. In 2011, the City Council approved an agreement with IBI consulting team for $500,000 to assist in the preparation of the General Plan Circulation Element update. The IBI Group's team of subconsultants includes Alta Planning, PlaceWorks (formerly The Planning Center), and Cornerstone Communications. While an amendment to the contract was approved for $33,000 in October 2014 and $80,245 in December 2015 to complete the project, the Circulation Element Update was placed on hold to produce the Safe Mobility Santa Ana Plan (SMSA). In January 2017, City Council directed City staff to incorporate the policy recommendations from SMSA into Circulation Element Update including the additional street reclassifications for potential "road diets" to promote safe travel. These policy changes require further traffic impact analysis, modeling and transit mitigation studies to support an amendment to Orange County Transportation Authority's (OCTA) Master Plan of Arterial Highways. The amended scope will also address new regulatory requirements, including California Environmental Quality Act (CEQA) SB 743 to transition to Vehicle Miles Traveled transportation analysis, and more detailed evaluation of greenhouse gas emission and air quality considerations. The proposed contract 25G -1 Amend an Agreement with IBI Group May 16, 2017 Page 2 amendment (Exhibit 1), not to exceed $123,716, will allow for completion of an updated traffic model, technical studies, refinements to the policy framework, and completion of the required environment impact report analysis for the expanded scope of the Circulation Element Update. ENVIRONMENTAL IMPACT The awarding of a contract for preparation of an environmental impact report and General Plan update is statutorily exempt from CEQA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #2 (Create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy A (Complete_a___ _ comprehensive update of the City's General Plan including the development of policies and T implementation measures that directly relate to equitable economic development); and Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy B (Incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funds in the amount of $33,000 are available for this amendment in the following accounts: $18,000 is available in the Planning and Building Agency Contractual Services account (01116510- 62300) and $15,000 in the Public Works Agency Select Street- Construction Fund (05917663- 66220, Project No. 126754). Funds in the amount of $123,716 are available for this amendment in the Air Quality Improvement Contractual Services account (03116510- 62300). a ?-Hassan Hagh6ni., AI P Executive Director Planning and Building Agency �O 6 � - o'---- Frep Mo saCprbur Executive Director - Public Works Agency MM:rb M:\ REPORTS \CC \RFCA Amend Contract 51617.doc Exhibit: 1. Amended Agreement APPROVED AS TO FUNDS AND ACCOUNTS: ,�- Francisco Gutierrez Executive Director F,6 (o11� i,+ ,pj) Finance & Management Services Agency 25G -2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH IBI GROUP THIS THIRD AMENDMENT TO AGREEMENT, made and entered into this 16`x' day of May, 2017, by and between IBI GROUP, a California general partnership ( "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. City and Consultant entered into Agreement #A- 2011 -198, dated September 13, 2011, for a consultant having special skill and knowledge in the field of circulation element updates and related services ( "said Agreement "). B. On October 21, 2014, the; Scope of Services and the Compensation clauses of said Agreement were amended. C. On December 15, 2015, the Scope of Services and Compensation clauses of said Agreement were - amended, and the Term was extended through June 30, 2017. D. The Parties now desire to add additional funds, revise the Scope of Services, and extend the Term of said Agreement in order for Consultant to complete an updated traffic model, technical studies, refinements to the policy framework, and completion of the required environmental impact report analysis for the expanded scope of the Circulation Element Update. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to include those services necessary to complete the circulation element, as set forth in more detail in Consultant's Amendment Proposal No. 5 — Circulation Element Update dated April 27, 2017, attached hereto as Exhibit A and incorporated herein by this reference. 2. Section 3, COMPENSATION, the relevant portion of said section shall be amended to increase the compensation by $156,716, such that the total sum to be expended under this Agreement shall not exceed $736,961 during the extended Term of this Agreement. 3. Section 4, TERM, shall be amended to extend the Term for eighteen (18) months from July 1, 2017 through December 31, 2018. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Exhibit 1 25G -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to 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: Hassan Haghani, Executive Director Planning & Building Agency CITY OF SANTA ANA ROBERT CORTEZ Deputy City Manager Consultant IBI GROUP DAVID CHOW, P.E. AICP Regional Director 25G -4 EXHIBIT A SCOPE OF SERVICES 25G -5 IBI Group IN 18401 Van Karmen Avenue —Suite 110 Irvine CA 92612 USA tel 9498335588 fax 949 833 5511 April 27, 2017 Melanie McCann City of Santa Ana 20 Civic Center Plaza, Ross Annex M -20 Santa Ana, CA 92702 AMENDMENT PROPOSAL NO. 5 - CIRCULATION ELEMENT UPDATE This letter proposal details IBI Group's request for an amendment under our contract with the City of Santa Ana for the Circulation Element Update project. Over the last six years, the draft circulation element has gone through significant changes, including a new vision, completion of the Santa Ana Safe Mobility Plan, changes to the policy framework and roadway designations. OCTA modeling updates, work by the city on two separate Complete Street studies, advancement of a fixed - guideway /streetcar system and BRT routes, and incorporation of Complete Street principles. This proposed scope of work reflects the items from our meeting that included IBI Group, Placewotks, and City staff on December 7, 2016 and subsequent coordination with City staff. The amendment covers tasks to update and complete the traffic study, EIR, and planning and public participation support for the Circulation Element. The updates to both the Circulation Element and EIR are based on a proposed new roadway network scenario, updated OCTA modeling and new modal split, regulatory changes (e.g., air quality/GHG requirements, S8743, etc.), integrating related plans (Safe Mobility Santa Ana Plan, and complete street plans (Downtown and Central Santa Ana Transit Zone plans), additional meetings and extended project management efforts. PROJECT REVISIONS AND REGULATORY UPDATES Over the last six years, the draft circulation element has gone through significant changes, including a new vision, completion of the Santa Ana Safe Mobility Plan, changes to the policy framework and roadway designations, OCTA modeling updates, work on the Bikeway Master Plan and Pedestrian Opportunity Area Plan, and incorporation of Complete Street principles among others. The updated Circulation Element is also subject to new regulatory requirements, including SB 743 which will transition transportation analysis under the California Environmental Quality Act (CEQA) from level of service to a VMT (vehicle miles travelled) metric. Subsequent to our previous work, the City has adopted a Climate Action Plan (2015) and the project is also now subject to updated air quality and GHG regulations and modeling tools. The following revised scope of work is intended to address these and other key changes. The tasks listed below correspond to the tasks assigned in the original scope of services for this contract. The proposed budget for completing this work is attached to this letter. Task 4: Evaluation of Master Streets and Highways Plan This task involves work efforts that will be completed by IBI Group to analyze a new Circulation Element roadway network scenario that includes the deletion of a future roadway along the Pacific Electric Right -of -Way (PE ROW) from the MPAH arterial roadway network, as well as IBI Group is a group of rims providing professional services 25G -6 Iel Group City of Santa Ana —Apnl 27. 2017 modifications to the OCTA model assumed mode split for automobiles, bicycles, and pedestrians. The traffic analysis will include analysis of the previously identified 78 study intersections and 52 roadway segments. IBI Group will coordinate with OCTA to provide inputs for a single new OCTAM regional travel demand model run to develop updated Year 2040 traffic forecasts that include the deletion of the PE ROW and mode split modifications (as well as all previous modifications to the MPAH roadway network identified by the city in the original contract and Amendments No. 1 and No. 2). This model run will utilize the new version of OCTAM, which results in a change in the traffic study horizon year from 2035 to 2040. This will require updates to the baseline future no project traffic analysis as well. IBI Group will post - process the updated model forecasts obtained from OCTA to update our June 2016 draft traffic study for both the 2040 no project and with project scenarios. Based on comments received from OCTA, the traffic analysis will also be amended to incorporate analysis of transit travel times and performance on up to 10 corridors within the City of Santa Ana. This analysis will be based on transit travel time and performance data provided to IBI Group by OCTA, and will be summarized as a distinct section within the updated traffic impact study. In addition to the preparation of an updated traffic impact analysis for the Circulation Element update, IBI Group will also work with the City to develop a proposed Vehicle Miles Traveled (VMT) threshold and analysis procedures for incorporation into the Circulation Element and the city's traffic impact standards. Traffic impact guidelines may be refined to reflect the Governor's Office of Planning and Research (OPR) recommendation to replace traditional level of service with VMT as the primary measure of transportation impacts. IBI Group will provide the city with a technical memo summarizing recommendations related to establishing a VMT threshold and VMT analysis procedures. IBI Group will incorporate a VMT analysis into the traffic impact study. VMT data will be derived from travel patterns extracted from the OCTAM regional travel demand model. The approach to calculating citywide VMT targets will be consistent with the OPR's Revised Proposal on Updates to the CEQA Guidelines on Evaluating Transportation Impacts in CEQA, Implementing Senate Bill 743 (January 2016). This task also assumes time for attendance at up to two additional meetings with OCTA staff to discuss the mode split modifications and VMT estimates. Additionally, IBI Group has incorporated an additional $13,115 into the budget for this task to cover the work efforts previously incurred and approved by the City in our Amendment dated October 2014 that was approved by City Council, but not executed by the City. Task 8: Prepare CEQA Document The tasks associated with restarting and updating the CEQA environmental analysis work are described below. Task 8.1: Prolect Initiation We have not included additional hours for this task. The updated project description is fairly comprehensive, and the work to understand and update the description is included in Task 2— Notice of Preparation (e.g. project description update), Task 5— Screencheck EIR, and Task 11— Project Management. 25G -7 IB1 Group City of Santa Ana —Apfil 27. 2017 Task 8.2: Initial StudvMOP The Initial Study was previously completed and the NOP released on April 4, 2014. The scope of work and cost estimate for this amendment assumes PlaceWorks will not update the Initial Study, which helps to expedite the schedule and reduce costs for the project. Although an Initial Study assists in determining the requirement for an EIR and the contents for the analysis, it is not, a CEQA requirement. We recommend that we prepare an updated NOP that includes a reasonably comprehensive, updated project description, including support graphics, to enable agencies and the public to make recommendations regarding the scope of the EIR. The NOP will also describe updates to the environmental checklist, and outline the topics anticipated to be included in the EIR. This will include Tribal Cultural Resources per AB 52 adopted in September 2016. The Draft EIR will defensibly substantiate the exclusion of topics not addressed in the EIR. When the new scoping meeting date is determined, we will reissue the NOP for the 30 -day public review. Task 8.3: Public Scoolno Meeting Due to the lapse of time and substantial updates to the Circulation Element, a new scoping meeting is recommended. PlaceWorks will coordinate the meeting and prepare notices and appropriate supporting materials. We will prepare a PowerPoint presentation and conduct the meeting (if desired by the City). This task also includes preparing a summary of comments received at the meeting to be included in the EIR. Task 8.4a: Air Quality /Greenhouse Gas Emissions Since our original proposal in 2011, Santa Ana has adopted a Climate Action Plan (2015); the legislature passed Senate Bill 743 for alternative transportation metrics (e,g., VMT) and Senate Bill 32 for new GHG reduction targets for year 2030; newer air quality and GHG modeling tools were released (EMFAC2014 and CaIEEMod 2016); and new air quality and GHG reduction plans were prepared (SCAG's 2016 RTP /SCS, CARB's 2017 Scoping Plan Update, SCAQMD's 2016 AQMP). Because the original scope of work for air quality and GHG emissions impacts was primarily qualitative and was prepared prior to release of these additional plans and regulations, a contract amendment is necessary to cover the additional requisite discussion needed in the EIR. In addition, technical staff has been involved in several conference calls with IBI and the City since 2011 to discuss coordinating the environmental processing of the City's Climate Action Plan (adopted in 2015) and Circulation Element Update, which expended the remaining budget). Additional work not included in our original scope includes a consistency analysis of the proposed project with the plans identified above. Finally, PlaceWorks will need to quantify air quality and GHG emissions benefits of the project based on an estimate of future VMT provided by IBI Group and compared to existing condition, along with revisions to the existing work already completed. Task &4b: Noise The scope of work has not been modified for this task. The cost estimate increase is related to changes in staff and billing rates. Optional Task: Biological Resources Our original scope of work assumed a programmatic approach to the Circulation Element and did not include a technical assessment of potential biological resource impacts. Subsequent, proposed improvements along the Santiago Creek Trail become controversial, and the potential to impact sensitive biological resources was identified. If such improvements are included in the updated Circulation Element, the EIR will need to include an environmental assessment of impacts 25G -8 IBI Group City of Santa Ana — Apnl 27. 2017 to the creek. PlaceWorks will retain Glenn Lukos Associates (GLA) to conduct a preliminary biological evaluation. Existing maps, documents, and correspondence relative to the proposed project will be reviewed and analyzed. New information requirements will be identified and strategies for acquiring this information will be determined. The California Natural Diversity Database will be consulted to determine whether any sensitive species and /or communities are known to occur on or near the property. Any sensitive biological resources identified for the site or its near vicinity will be evaluated for their potential to occur on -site and will be discussed in the final letter report. A field team of regulatory specialists will complete an overview of US Army Corps of Engineers jurisdictional boundaries within the project site. The field team will investigate specific conditions relating to jurisdictional criteria such as evidence of ordinary high water marks, wetland vegetation indicator species, hydric soils, and appropriate hydrology, all as outlined in the 1987 US Army Corps of Engineers Wetland Delineation Manual. These data will be recorded on the aerial photograph for use in preparing a future formal jurisdictional delineation, maps, and a letter report. A field team of regulatory specialists will provide an overview of potential California Department of Fish and Wildlife (CDFW) jurisdictional boundaries within the project site. All intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue -line streams, and watercourses with subsurface flows; canals, aqueducts, irrigation ditches, and other means of water conveyance; and lakes will be examined for indicators of CDFW jurisdiction. A biologist will conduct a site reconnaissance of the property to determine whether any sensitive species and /or communities are likely to occur on -site. If any sensitive species or potential habitat or sensitive communities are identified on -site, their presence will be noted and locations provided on a site map. GLA will prepare a letter report to document the findings concerning Corps and CDFW potential jurisdiction on the site. The report will document the extent of potential jurisdiction, assess wetland - related biological resources, and discuss permitting strategies. Documentation will consist of color photographs of representative potential jurisdictional areas (and non - jurisdictional areas that could be mistaken for jurisdiction) and a draft overlay map indicating the potential jurisdictional areas that correspond to the aerial photograph provided by the client. The letter report will include the results of the CNDDB review, soil map review, and site survey. Any sensitive species and /or communities identified on site or with the potential to occur on the property will be discussed. If necessary, a site map depicting the locations of sensitive species and /or communities will be provided. Included in the report will be recommendations for additional focused surveys if it is determined that such surveys are warranted. The letter report will also include a preliminary impact analysis of the project (e.g., bike trail) on potential Corps /CDFW jurisdiction and biological resources and mitigation measures. Task 8.5: Screencheck Draft EIR This task involves reviewing, revising, and updating the Draft EIR sections that were previously completed and completing the final sections for review by the City. Additional analysis may be required for topics that have experienced changes in the existing physical conditions or regulatory environment. Tribal Cultural Resources. As required by state law, this new section of the EIR will evaluate the potential for implementation of the Circulation Element improvements to impact tribal cultural resources and will discuss state laws and regulations protecting resources. Also, SB 743 was passed by the state since our contract was approved by the City in 2011. Once the guidelines are prepared and adopted, "automobile delay, as described solely by level of service of similar measures of vehicular capacity or traffic congestion, shall not be considered a 25G -9 IBI Group City of Santa Ana -April 27. 2017 significant impact on the environment" (Public Resources Code Section 21099[b][2]). At this time it is anticipated that the updated guidelines will be adopted in early 2018, and that the guidelines will include a 2 -year opt -in for lead agencies to implement new significance thresholds and metrics to evaluate transportation impacts. As discussed with the City at our December 7, 2016 meeting, we believe that there are numerous advantages to address SB 743 in the Circulation Element and for the EIR to comply with the new requirements. The approach we discussed is for the City to adopt new significance thresholds as soon as possible (initiating this task early 2017), in order that the new thresholds can be utilized in the EIR. The EIR can then rely on the numerous advantages (particularly for a transit -rich City like Santa Ana). The additional scope of work will include additional addressing both SB 743 thresholds, describing level of service standards (which no longer will be CEQA significance thresholds), and analyzing the impact of the Circulation Element on VMT compared to existing conditions (analysis to be quantified by IBI). The EIR will also highlight the anticipated environmental review for future development projects relative to transportation, and include graphics and standards for which projects would be assumed to result in less than significant transportation impacts (e.g., within % mile of transit station, etc.). Other areas that require updating include: population and employment, regional plans (e.g., land use and planning), consistency with the 2016 RTPISCS, and integration of the additional project components. These components have the potential to affect other sections (e.g., aesthetics [trails], land use and planning, population and housing, transportation, hazards [emergency evacuation routes], police and fire services). Tasks 8.8 Draft EIR This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.7 Response to Comments/Final EIR This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.8 Mitigation Monitoring and Reporting Plans This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.9 Findings of Fact, SOC and HOD This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Task 8.10: Meetings and Public Hearings PlaceWorks staff has attended several project status and kick -off meetings, along with the CEQA scoping meeting, and has expended 65 percent of the Task 10 budget. This task includes attendance at the following meetings not included in our original budget: 3rd kick -off meeting, 2nd scoping meeting, and 5 additional CEQA progress meetings. We have also included three planning meetings to discuss the Element. 25G -10 IBI Group City of Santa Ana —April 27. 2017 Task 8.11: Protect Management and Coordination This task includes continuing project management and coordination throughout the remainder of the element preparation and CEQA process. The cost estimate for this task is based on the estimated schedule included in this amendment. If the schedule is extended beyond PlaceWorks' control, we may requested an augment for this task. Task 9: Prepare Updated Circulation Element The majority of the requested budget amendment for this task involves additional work that will be undertaken by Placeworks to update the Circulation Element to incorporate enhancements to the city's vision and policies, projects, and programs identified in recent local planning efforts related to mobility, safety, and complete streets. The original circulation element contract was approved in 2011 and authorized PlaceWorks to briefly review goals and policies for the Circulation Element for a cost of $1,680. Based on subsequent discussions, Amendment #1 (approved in June 2014) added $5,180 to prepare a vision and to expand the policy framework. IBI also submitted a subsequent Amendment #2 to the City, which added $19,630, to complete remaining edits to the policy framework, prepare four maps, and make 3 powerpoint presentations. This amendment was approved by City Council, but the contract amendment was not executed by the City, so this scope of work includes a request to re- authorize this $19,630 on top of the scope items noted below. In 2014, the Circulation Element was put on hold while significant local studies were being prepared or finalized. Now that the City has restarted the project in 2017, several tasks in the $19,630 amendment remain relevant — namely final revisions to the Circulation Element, mapping, and public presentations. However, we also found that additional work was needed to complete the project based upon the completion of many local and regional studies, changes in state law, and conversations about project direction. To that end, we have proposed the following tasks to complete the project. 9a. Due Diligence As mentioned earlier, almost a dozen local and regional studies were completed while the Circulation Element was on hold. Additional studies are also underway, including the Harbor Corridor Transit Study and OCTA Transit Master Plan. This task therefore involves the review and synthesis of the significant local and regional studies completed since the last draft of the Circulation Element (2014). Based on our in initial survey of studies, this review includes the following: Active Transportation Plans D Pedestrian and Bicycle Master Plan (2014) » Safe Mobility Santa Ana Plan (2016) n Golden Loop and OCTA 70/30 Plan (2017) OCTA Commuter Bicycle Plan » Districts 1 and 2 Bikeway Strategy (2013) D OC Complete Streets Initiative Transit and Complete Streets D Downtown Transit Complete Streets Plans (2016) » Central Santa Ana Complete Streets Plans (2016) 25G -11 BI Group City of Santa Ana —April 27. 2017 » OCTA Long Range Transportation Plan (2014) » OCTA Transit Route amendments (2016) » OCTA Transit Master Plan (to the extent available) » Central Harbor Blvd Transit Corridor Study To reduce the cost of this review, City staff will provide excerpts that represent significant implications for either the Technical Appendix or the Policy Framework. We will incorporate text into both documents. 9b. Technical Appendix The next task will be to revise the Technical Appendix to the Circulation Element, Prior to commencement, we anticipate that the City will have reviewed the current materials, discussed options, and decided upon the extent of revision necessary. In our review, we have identified several sections that need updating: • Revision of bicycle and pedestrian narrative. This would include the identifying and discussing bicycle routes, current and planned mileage, safety information, Golden Loop, and safe routes to schools. • High Quality Transit Areas. A map of HQTAs and TPA should be provided as well as narrative discussing potential opportunities and their ramifications for land uses. • Transit Routes. Narrative on new transit routes, existing and planned, should be revised as well as any future improvements that will impact Santa Ana. • Complete Streets Plans. The current Technical Appendix does not address this topic. Revisions will be needed to incorporate the Downtown and Central Santa Ana complete street plans. • Levels of Service. This section will need to be revised per City staff direction to incorporate any new developments in multimodal levels of service 9c. Policv Framework The current policy framework of the Circulation Element contains a vision, five goals, and 45 policies that support the vision. While the policy framework is significant in coverage and many of the priorwork remains relevant, final revisions are needed to complete the policy, particularly from tasks 12a and 12b. Since the majority of the policy framework remains relevant and timely, we will focus our final work effort on three topics— active transportation, levels of service, and transit opportunities. To complete this task, we assume that City staff will provide direction for necessary revisions to the policy framework and any supplemental policy documents or direction needed to expedite the completion of this task. Our scope assumes that IBI, in concert with City staff, will develop implementation programs and potential funding for the programs. Once complete, IBI would provide PlaceWorks with a final copy of the identified programs and PlaceWorks would incorporate them into the final Circulation Element. 9d. Circulation Element Maos The current series maps in the Circulation Element are produced using Adobe Illustrator software. In Amendment #2, we originally proposed to complete up to 4 maps in Adobe Illustrator. However, from subsequent discussions, it appears that up to 12 maps will require revisions under PlaceWorks' scope. We anticipate that 12 maps will need revision. 25G -12 IBI Group City of Santa Ana —April 27, 2017 Policy Framework Maps Exhibit 1: Master Plan of Highways Exhibit 2: Fixed Guideway Plan Exhibit 3: Bicycle Master Plan Exhibit 4: Pedestrian Opportunity Plan Exhibit 5: Transit Policy Exhibit 6: High Quality Transit/Transit Priority Technical Appendix Maps Exhibit A -2: CMP Roadway Network Exhibit A -3: Truck Routes Exhibit B -1: Proposed MPAH Changes Exhibit B -7: High Frequency Transit Corridors Exhibit B -8: Existing Bikeways We have identified three options for completing revisions. Under option #1, we will amend 12 maps in Adobe Illustrator with a single set of edits provided by the City. However, the maps will have limited use. If the maps are produced in GIS, they would offer the City flexibility to mix and match, as desired, with any other GIS -based layers produced for the general plan. If this flexibility is desired, Option 2 is for the City to digitize the data and then transfer the data to PlaceWorks for placing it on a base map and illustration. Options 3 is for PlaceWorks to digitize the data, create the maps, and customize them in Illustrator. 9e. Revisions to the Circulation Element We expect that the draft Circulation Element and Technical Appendix will require some revisions. While the original Amendment #2 focused on revisions to the policy framework, we assume that this task will be expanded to cover both the policy framework and the technical appendix. In making our cost estimates, we assume that City staff will provide a single consolidated set of all revisions requested. To ensure we understand the revisions, we would anticipate meeting with you to review the revisions. This will allow us to hear and discuss the comments with you so as to expedite completion of this task. 9f. Staff Meetinos This task involves three meetings. We anticipate that the project team would meet with you at the outset to define expectations, exchange information, identify issues, and officially commence the work. The second meeting would be to discuss new City land use and regulatory developments that affect the policy framework. This would include discussions on VMT /LOS and land use framework. The third meeting would be held midway through the project to review revisions to the Technical Appendix and policy framework for the Circulation Element. A fourth and final meeting would be to discuss the public presentation. 9g. Public Hearings The project will conclude with hearings before elected and appointed bodies. PlaceWorks will prepare and present a powerpoint on the circulation element at three venues —the Transportation Subcommittee, Planning Commission, and City Council. The powerpoint is intended to be user - friendly, filled with photos, and suitable for nontechnical audiences. IBI will be present to answer technical questions. We assume that the powerpoint presentation will be prepared once, with generally the same material for each audience. PlaceWorks is available to make extra presentations on a time and material basis. 25G -13 IBI Group City of Santa Ana - April 27, 2017 9h. Proiect Management Project management includes miscellaneous tasks for billing, phone calls, and coordination with the consultant team and city staff. Deliverables: • Circulation Element Policy Framework (draft and final) • Circulation Element Technical Appendix (draft and final) • Powerpoint presentation (draft and final) Detailed cost summary sheets are attached to this scope of work. The combined total augment request for IBI Group and Placeworks is $156,716. Should you have any questions regarding this proposal, please do not hesitate to contact Bill Delo at (949) 633 -5588. We look forward to the opportunity to continue to work with and assist the city on this project. Sincerely, IBI Gjrrooupp� David Chow, P.E., AICP Regional Director, USA West 25G -14 Santa Ana General Plan Circulation Element Update -Budget Amendment No 5 IBI Group Team Ilan -tours by Task 27- Aar.47 TO TAL NOUNS by STAFF TOTAL FEE by STAFF 0 74 39 159 8 278 SO $17.760 $5.130 315.800 $600 $39,290 IBI Total Labor Hours 278 IBI Total Labor Fee 539,290 ODC's S 105 IBI Total Budget: 539,395 IBI Total Budget: Placaworks Total Budget:. Subtotal Proposed Budget: October 2014 Amendment Request Total Proposed Budget: 25G -15 $39.395 $84.321 (see aclached tar details) $123,716 533.000 $166,716 let Group TOWI Total Labor Labor Fees Pmlecl Prged Manager IMagrala TraMG TrenpP,lIDlio er Erpne nRenner o cM1aw WOeb MArpaaN o. Cnew Hours 00.00 j $240.00 5135.00 3100.00 $75.00 TASK 1, Protect Management and Meetings General protect management 0 90 Meetings 0 $0 TASK 4: Evaluation of Master Plan of Streets b Hivtz Updated OCTAM Year 2035 Forecast Bi 6 10 24 $3.730 OCTA Meetings Intersection and Street LOS Analysis (update for 2040) 4 4 4 8 10 24 12 42 _ _$1,000 S5.676 Transit Performance Analysis VM1IT Thfestdds and Ana Is 101 _ 12 60 _ 201 6 60 62 8fi _ 510020 $11.610 TASK e: P ere U elect Circula0on Element Draft Circulation element _ Final Citalallon Element I 18 8 4 4 _ 20 12 $4,140 $2,220 TO TAL NOUNS by STAFF TOTAL FEE by STAFF 0 74 39 159 8 278 SO $17.760 $5.130 315.800 $600 $39,290 IBI Total Labor Hours 278 IBI Total Labor Fee 539,290 ODC's S 105 IBI Total Budget: 539,395 IBI Total Budget: Placaworks Total Budget:. Subtotal Proposed Budget: October 2014 Amendment Request Total Proposed Budget: 25G -15 $39.395 $84.321 (see aclached tar details) $123,716 533.000 $166,716 ru 0 I A 40%j- 11%) Hill MIA i6 all u IF it MI JIM Ila fA -i -P 40%j- 11%) 25G -17 25G -18 IBI Group IBI 18401 Von Kerman Avenue —Suite 110 Irvine CA 92612 USA GROUP tel 949 833 5588 fax 949 833 5511 April 27, 2017 Melanie McCann City of Santa Ana 20 Civic Center Plaza, Ross Annex M -20 Santa Ana, CA 92702 AMENDMENT PROPOSAL NO.5 - CIRCULATION ELEMENT UPDATE This letter proposal details IBI Group's request for an amendment under our contract with the City of Santa Ana for the Circulation Element Update project. Over the last six years, the draft circulation element has gone through significant changes, including a new vision, completion of the Santa Ana Safe Mobility Plan, changes to the policy framework and roadway designations, OCTA modeling updates, work by the city on two separate Complete Street studies, advancement of a fixed- guideway /streetcar system and BRT routes, and incorporation of Complete Street principles. This proposed scope of work reflects the items from our meeting that included IBI Group, Placeworks, and City staff on December 7, 2016 and subsequent coordination with City staff. The amendment covers tasks to update and complete the traffic study, EIR, and planning and public participation support for the Circulation Element. The updates to both the Circulation Element and EIR are based on a proposed new roadway network scenario, updated OCTA modeling and new modal split, regulatory changes (e.g., air quality /GHG requirements, S8743, etc.), integrating related plans (Safe Mobility Santa Ana Plan, and complete street plans (Downtown and Central Santa Ana Transit Zone plans), additional meetings and extended project management efforts. PROJECT REVISIONS AND REGULATORY UPDATES Over the last six years, the draft circulation element has gone through significant changes, including a new vision, completion of the Santa Ana Safe Mobility Plan, changes to the policy framework and roadway designations, OCTA modeling updates, work on the Bikeway Master Plan and Pedestrian Opportunity Area Plan, and incorporation of Complete Street principles among others. The updated Circulation Element is also subject to new regulatory requirements, including SB 743 which will transition transportation analysis under the California Environmental Quality Act (CEQA) from level of service to a VMT (vehicle miles travelled) metric. Subsequent to our previous work, the City has adopted a Climate Action Plan (2015) and the project is also now subject to updated air quality and GHG regulations and modeling tools. The fallowing revised scope of work is intended to address these and other key changes. The tasks listed below correspond to the tasks assigned in the original scope of services for this contract. The proposed budget for completing this work is attached to this letter. Task 4: Evaluation of Master Streets and Highways Plan This task involves work efforts that will be completed by IBI Group to analyze a new Circulation Element roadway network scenario that includes the deletion of a future roadway along the Pacific Electric Right -of -Way (PE ROW) from the MPAH arterial roadway network, as well as IBI Group is a group of firms providing professio al sery s -19 IBI Group City of Santa Ana —April 27, 2017 modifications to the OCTA model assumed mode split for automobiles, bicycles, and pedestrians. The traffic analysis will include analysis of the previously identified 78 study intersections and 52 roadway segments. IBI Group will coordinate with OCTA to provide inputs for a single new OCTAM regional travel demand model run to develop updated Year 2040 traffic forecasts that include the deletion of the PE ROW and mode split modifications (as well as all previous modifications to the MPAH roadway network identified by the city in the original contract and Amendments No. 1 and No. 2). This model run will utilize the new version of OCTAM, which results in a change in the traffic study horizon year from 2035 to 2040. This will require updates to the baseline future no project traffic analysis as well. IBI Group will post - process the updated model forecasts obtained from OCTA to update our June 2016 draft traffic study for both the 2040 no project and with project scenarios. Based on comments received from OCTA, the traffic analysis will also be amended to incorporate analysis of transit travel times and performance on up to 10 corridors within the City of Santa Ana. This analysis will be based on transit travel time and performance data provided to IBI Group by OCTA, and will be summarized as a distinct section within the updated traffic impact study. In addition to the preparation of an updated traffic impact analysis for the Circulation Element update, IBI Group will also work with the City to develop a proposed Vehicle Miles Traveled (VMT) threshold and analysis procedures for incorporation into the Circulation Element and the city's traffic impact standards. Traffic impact guidelines may be refined to reflect the Governor's Office of Planning and Research (OPR) recommendation to replace traditional level of service with VMT as the primary measure of transportation impacts. IBI Group will provide the city with a technical memo summarizing recommendations related to establishing a VMT threshold and VMT analysis procedures. IBI Group will incorporate a VMT analysis into the traffic impact study. VMT data will be derived from travel patterns extracted from the OCTAM regional travel demand model. The approach to calculating citywide VMT targets will be consistent with the OPR's Revised Proposal on Updates to the CEQA Guidelines on Evaluating Transportation Impacts in CEQA, Implementing Senate Bill 743 (January 2016). This task also assumes time for attendance at up to two additional meetings with OCTA staff to discuss the mode split modifications and VMT estimates. Additionally, IBI Group has incorporated an additional $13,115 into the budget for this task to cover the work efforts previously incurred and approved by the City in our Amendment dated October 2014 that was approved by City Council, but not executed by the City. Task 8: Prepare CEQA Document The tasks associated with restarting and updating the CEQA environmental analysis work are described below. Task 8.1: Proiect Initiation We have not included additional hours for this task. The updated project description is fairly comprehensive, and the work to understand and update the description is included in Task 2— Notice of Preparation (e.g. project description update), Task 5— Screencheck EIR, and Task 11— Project Management. 25G -20 BI Group City of Santa Ana —April 27. 2017 Task 8.2: Initial Study/NO The Initial Study was previously completed and the NOP released on April 4, 2014. The scope of work and cost estimate for this amendment assumes PlaceWorks will not update the Initial Study, which helps to expedite the schedule and reduce costs for the project. Although an Initial Study assists in determining the requirement for an EIR and the contents for the analysis, it is not, a CEQA requirement. We recommend that we prepare an updated NOP that includes a reasonably comprehensive, updated project description, including support graphics, to enable agencies and the public to make recommendations regarding the scope of the EIR. The NOP will also describe updates to the environmental checklist, and outline the topics anticipated to be included in the EIR. This will include Tribal Cultural Resources per AB 52 adopted in September 2016. The Draft EIR will defensibly substantiate the exclusion of topics not addressed in the EIR. When the new scoping meeting date is determined, we will reissue the NOP for the 30 -day public review. Task 8.3: Public Scooing Meeting Due to the lapse of time and substantial updates to the Circulation Element, a new scoping meeting is recommended. PlaceWorks will coordinate the meeting and prepare notices and appropriate supporting materials. We will prepare a powerpoint presentation and conduct the meeting (if desired by the City). This task also includes preparing a summary of comments received at the meeting to be included in the EIR. Task 8.4a: Air Quality /Greenhouse Gas Emissions Since our original proposal in 2011, Santa Ana has adopted a Climate Action Plan (2015); the legislature passed Senate Bill 743 for alternative transportation metrics (e.g., VMT) and Senate Bill 32 for new GHG reduction targets for year 2030; newer air quality and GHG modeling tools were released (EMFAC2014 and CaIEEMod 2016); and new air quality and GHG reduction plans were prepared (SCAG's 2016 RTPISCS, CARB's 2017 Scoping Plan Update, SCAQMD's 2016 AQMP). Because the original scope of work for air quality and GHG emissions impacts was primarily qualitative and was prepared prior to release of these additional plans and regulations, a contract amendment is necessary to coverthe additional requisite discussion needed in the EIR. In addition, technical staff has been involved in several conference calls with IBI and the City since 2011 to discuss coordinating the environmental processing of the City's Climate Action Plan (adopted in 2015) and Circulation Element Update, which expended the remaining budget). Additional work not included in our original scope includes a consistency analysis of the proposed project with the plans identified above. Finally, PlaceWorks will need to quantify air quality and GHG emissions benefits of the project based on an estimate of future VMT provided by IBI Group and compared to existing condition, along with revisions to the existing work already completed. Task 8.4b: Noise The scope of work has not been modified for this task. The cost estimate increase is related to changes in staff and billing rates. Optional Task: Biological Resources Our original scope of work assumed a programmatic approach to the Circulation Element and did not include a technical assessment of potential biological resource impacts. Subsequent, proposed improvements along the Santiago Creek Trail become controversial, and the potential to impact sensitive biological resources was identified. If such improvements are included in the updated Circulation Element, the EIR will need to include an environmental assessment of impacts 25G -21 IBI Group City of Santa Ana —April 27. 2017 to the creek. PlaceWorks will retain Glenn Lukos Associates (GLA) to conduct a preliminary biological evaluation. Existing maps, documents, and correspondence relative to the proposed project will be reviewed and analyzed. New information requirements will be identified and strategies for acquiring this information will be determined. The California Natural Diversity Database will be consulted to determine whether any sensitive species and /or communities are known to occur on or near the property. Any sensitive biological resources identified for the site or its near vicinity will be evaluated for their potential to occur on -site and will be discussed in the final letter report. A field team of regulatory specialists will complete an overview of US Army Corps of Engineers jurisdictional boundaries within the project site. The field team will investigate specific conditions relating to jurisdictional criteria such as evidence of ordinary high water marks, wetland vegetation indicator species, hydric soils, and appropriate hydrology, all as outlined in the 1987 US Army Corps of Engineers Wetland Delineation Manual. These data will be recorded on the aerial photograph for use in preparing a future formal jurisdictional delineation, maps, and a letter report. A field team of regulatory specialists will provide an overview of potential California Department of Fish and Wildlife (CDFW) jurisdictional boundaries within the project site. All intermittent and ephemeral streams, rivers, creeks, dry washes, sloughs, blue -line streams, and watercourses with subsurface flows; canals, aqueducts, irrigation ditches, and other means of water conveyance; and lakes will be examined for indicators of CDFW jurisdiction. A biologist will conduct a site reconnaissance of the property to determine whether any sensitive species and /or communities are likely to occur on -site. If any sensitive species or potential habitat or sensitive communities are identified on -site, their presence will be noted and locations provided on a site map. GLA will prepare a letter report to document the findings concerning Corps and CDFW potential jurisdiction on the site. The report will document the extent of potential jurisdiction, assess wetland - related biological resources, and discuss permitting strategies. Documentation will consist of color photographs of representative potential jurisdictional areas (and non jurisdictional areas that could be mistaken for jurisdiction) and a draft overlay map indicating the potential jurisdictional areas that correspond to the aerial photograph provided by the client. The letter report will include the results of the CNDDB review, soil map review, and site survey. Any sensitive species and /or communities identified on site or with the potential to occur on the property will be discussed. If necessary, a site map depicting the locations of sensitive species and /or communities will be provided. Included in the report will be recommendations for additional focused surveys if it is determined that such surveys are warranted. The letter report will also include a preliminary impact analysis of the project (e.g., bike trail) on potential Corps /CDFW jurisdiction and biological resources and mitigation measures. Task 8.5: Screencheck Draft EIR This task involves reviewing, revising, and updating the Draft EIR sections that were previously completed and completing the final sections for review by the City. Additional analysis may be required for topics that have experienced changes in the existing physical conditions or regulatory environment. Tribal Cultural Resources. As required by state law, this new section of the EIR will evaluate the potential for implementation of the Circulation Element improvements to impact tribal cultural resources and will discuss state laws and regulations protecting resources. Also, SB 743 was passed by the state since our contract was approved by the City in 2011. Once the guidelines are prepared and adopted, "automobile delay, as described solely by level of service of similar measures of vehicular capacity or traffic congestion, shall not be considered a 25G -22 161 Group City of Santa Ana — April 27, 2017 significant impact on the environment" (Public Resources Code Section 21099[b][2]). At this time it is anticipated that the updated guidelines will be adopted in early 2018, and that the guidelines will include a 2 -year opt -in for lead agencies to implement new significance thresholds and metrics to evaluate transportation impacts. As discussed with the City at our December 7, 2016 meeting, we believe that there are numerous advantages to address SB 743 in the Circulation Element and for the EIR to comply with the new requirements. The approach we discussed is for the City to adopt new significance thresholds as soon as possible (initiating this task early 2017), in order that the new thresholds can be utilized in the EIR. The EIR can then rely on the numerous advantages (particularly for a transit -rich City like Santa Ana). The additional scope of work will include additional addressing both SB 743 thresholds, describing level of service standards (which no longer will be CEQA significance thresholds), and analyzing the impact of the Circulation Element on VMT compared to existing conditions (analysis to be quantified by IBI). The EIR will also highlight the anticipated environmental review for future development projects relative to transportation, and include graphics and standards for which projects would be assumed to result in less than significant transportation impacts (e.g., within Y: mile of transit station, etc.). Other areas that require updating include: population and employment, regional plans (e.g., land use and planning), consistency with the 2016 RTP /SCS, and integration of the additional project components. These components have the potential to affect other sections (e.g., aesthetics [trails], land use and planning, population and housing, transportation, hazards [emergency evacuation routes], police and fire services). Tasks 8.6 Draft EIR This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.7 Response to Comments /Final EIR This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.8 Mitigation Monitoring and Renorting Plans This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Tasks 8.9 Findings of Fact. SOC and NOD This task has not been initiated. Changes to the cost estimate, if any, involve changes in staff and billing rates (the same number of hours has been allocated for these tasks). Task 8.10: Meetings and Public Hearings PlaceWorks staff has attended several project status and kick -off meetings, along with the CEQA scoping meeting, and has expended 65 percent of the Task 10 budget. This task includes attendance at the following meetings not included in our original budget: 3rd kick -off meeting, 2nd scoping meeting, and 5 additional CEQA progress meetings. We have also included three planning meetings to discuss the Element. 25G -23 IBI Group City of Santa Ana —April 27, 2017 Task 8.11: Proiect Management and Coordination This task includes continuing project management and coordination throughout the remainder of the element preparation and CEQA process. The cost estimate for this task is based on the estimated schedule included in this amendment. If the schedule is extended beyond PlaceWorks' control, we may requested an augment for this task. Task 9: Prepare Updated Circulation Element The majority of the requested budget amendment for this task involves additional work that will be undertaken by Placeworks to update the Circulation Element to incorporate enhancements to the city's vision and policies, projects, and programs identified in recent local planning efforts related to mobility, safety, and complete streets. The original circulation element contract was approved in 2011 and authorized PlaceWorks to briefly review goals and policies for the Circulation Element for a cost of $1,680. Based on subsequent discussions, Amendment #1 (approved in June 2014) added $5,180 to prepare a vision and to expand the policy framework. IBI also submitted a subsequent Amendment #2 to the City, which added $19,630, to complete remaining edits to the policy framework, prepare four maps, and make 3 powerpoint presentations. This amendment was approved by City Council, but the contract amendment was not executed by the City, so this scope of work includes a request to re- authorize this $19,630 on top of the scope items noted below. In 2014, the Circulation Element was put on hold while significant local studies were being prepared or finalized. Now that the City has restarted the project in 2017, several tasks in the $19,630 amendment remain relevant — namely final revisions to the Circulation Element, mapping, and public presentations. However, we also found that additional work was needed to complete the project based upon the completion of many local and regional studies, changes in state law, and conversations about project direction. To that end, we have proposed the following tasks to complete the project. 9a. Due Diligence As mentioned earlier, almost a dozen local and regional studies were completed while the Circulation Element was on hold. Additional studies are also underway, including the Harbor Corridor Transit Study and OCTA Transit Master Plan. This task therefore involves the review and synthesis of the significant local and regional studies completed since the last draft of the Circulation Element (2014). Based on our in initial survey of studies, this review includes the following: Active Transportation Plans D Pedestrian and Bicycle Master Plan (2014) » Safe Mobility Santa Ana Plan (2016) » Golden Loop and OCTA 70/30 Plan (2017) » OCTA Commuter Bicycle Plan » Districts 1 and 2 Bikeway Strategy (2013) » OC Complete Streets Initiative Transit and Complete Streets » Downtown Transit Complete Streets Plans (2016) » Central Santa Ana Complete Streets Plans (2016) 25G -24 IBI Group City of Santa Ana — April 27, 2017 » OCTA Long Range Transportation Plan (2014) » OCTA Transit Route amendments (2016) » OCTA Transit Master Plan (to the extent available) » Central Harbor Blvd Transit Corridor Study To reduce the cost of this review, City staff will provide excerpts that represent significant implications for either the Technical Appendix or the Policy Framework. We will incorporate text into both documents. 9b. Technical Appendix The next task will be to revise the Technical Appendix to the Circulation Element. Prior to commencement, we anticipate that the City will have reviewed the current materials, discussed options, and decided upon the extent of revision necessary. In our review, we have identified several sections that need updating: • Revision of bicycle and pedestrian narrative. This would include the identifying and discussing bicycle routes, current and planned mileage, safety information, Golden Loop, and safe routes to schools. • High Quality Transit Areas. A map of HQTAs and TPA should be provided as well as narrative discussing potential opportunities and their ramifications for land uses. • Transit Routes. Narrative on new transit routes, existing and planned, should be revised as well as any future improvements that will impact Santa Ana. • Complete Streets Plans. The current Technical Appendix does not address this topic. Revisions will be needed to incorporate the Downtown and Central Santa Ana complete street plans. • Levels of Service. This section will need to be revised per City staff direction to incorporate any new developments in multimodal levels of service 9c. Policv, Framework The current policy framework of the Circulation Element contains a vision, five goals, and 45 policies that support the vision. While the policy framework is significant in coverage and many of the prior work remains relevant, final revisions are needed to complete the policy, particularly from tasks 12a and 12b. Since the majority of the policy framework remains relevant and timely, we will focus our final work effort on three topics — active transportation, levels of service, and transit opportunities. To complete this task, we assume that City staff will provide direction for necessary revisions to the policy framework and any supplemental policy documents or direction needed to expedite the completion of this task. Our scope assumes that IBI, in concert with City staff, will develop implementation programs and potential funding for the programs. Once complete, IBI would provide PlaceWorks with a final copy of the identified programs and PlaceWorks would incorporate them into the final Circulation Element. 9d. Circulation Element Mans The current series maps in the Circulation Element are produced using Adobe Illustrator software. In Amendment #2, we originally proposed to complete up to 4 maps in Adobe Illustrator. However, from subsequent discussions, it appears that up to 12 maps will require revisions under PlaceWorks' scope. We anticipate that 12 maps will need revision. 25G -25 IBI Group City of Santa Ana —April 27, 2017 Policy Framework Maps Exhibit 1: Master Plan of Highways Exhibit 2: Fixed Guideway Plan Exhibit 3: Bicycle Master Plan Exhibit 4: Pedestrian Opportunity Plan Exhibit 5: Transit Policy Exhibit 6: High Quality Transit/Transit Priority Technical Appendix Maps Exhibit A -2: CM Roadway Network Exhibit A -3: Truck Routes Exhibit B -1: Proposed MPAH Changes Exhibit B -7: High Frequency Transit Corridors Exhibit B -8: Existing Bikeways We have identified three options for completing revisions. Under option #1, we will amend 12 maps in Adobe Illustrator with a single set of edits provided by the City. However, the maps will have limited use. If the maps are produced in GIS, they would offer the City flexibility to mix and match, as desired, with any other GIS -based layers produced for the general plan. If this flexibility is desired, Option 2 is for the City to digitize the data and then transfer the data to PlaceWorks for placing it on a base map and illustration. Options 3 is for PlaceWorks to digitize the data, create the maps, and customize them in Illustrator. 9e. Revisions to the Circulation Element We expect that the draft Circulation Element and Technical Appendix will require some revisions. While the original Amendment #2 focused on revisions to the policy framework, we assume that this task will be expanded to cover both the policy framework and the technical appendix. In making our cost estimates, we assume that City staff will provide a single consolidated set of all revisions requested. To ensure we understand the revisions, we would anticipate meeting with you to review the revisions. This will allow us to hear and discuss the comments with you so as to expedite completion of this task. 9f. Staff Meetings This task involves three meetings. We anticipate that the project team would meet with you at the outset to define expectations, exchange information, identify issues, and officially commence the work. The second meeting would be to discuss new City land use and regulatory developments that affect the policy framework. This would include discussions on VMT /LOS and land use framework. The third meeting would be held midway through the project to review revisions to the Technical Appendix and policy framework for the Circulation Element. A fourth and final meeting would be to discuss the public presentation. 9g. Public Hearings The project will conclude with hearings before elected and appointed bodies. PlaceWorks will prepare and present a powerpoint on the circulation element at three venues —the Transportation Subcommittee, Planning Commission, and City Council. The powerpoint is intended to be user - friendly, filled with photos, and suitable for nontechnical audiences. IBI will be present to answer technical questions. We assume that the powerpoint presentation will be prepared once, with generally the same material for each audience. PlaceWorks is available to make extra presentations on a time and material basis. 25G -26 IBI Group City of Santa Ana —April 27, 2017 9h. Proiect Management Project management includes miscellaneous tasks for billing, phone calls, and coordination with the consultant team and city staff. Deliverables: • Circulation Element Policy Framework (draft and final) • Circulation Element Technical Appendix (draft and final) • Powerpoint presentation (draft and final) Detailed cost summary sheets are attached to this scope of work. The combined total augment request for IBI Group and Placeworks is $156,716. Should you have any questions regarding this proposal, please do not hesitate to contact Bill Delo at (949) 833 -5588. We look forward to the opportunity to continue to work with and assist the city on this project. Sincerely, IBI Group �� David Chow, P.E., AICP Regional Director, USA West 25G -27 Santa Ana General Plan Circulation Element Update - Butlget Amendment No 5 IBI Group Team Man -hours by Task 27-Apr-17 TOTAL HOURS by STAFF TOTAL FEE by STAFF 0 74 38 158 8 278 $0 $17,760 $5,130 $15,800 $600 $39,290 IBI Total Labor Hours 278 IBI Total Labor Fee $39,290 ODC's $ 105 IBI Total Budget: IBI Total Budget: Placeworks Total Budget: Subtotal Proposed Budget: October 2014 Amendment Request Total Proposed Budget: 25G -28 $39,395 $39,395 $84,321 (see attached for details) $123,716 $33,000 $156,716 IBI Group Total Total Labor Fees Pm)ect Manager Pmjed Integrator Trage E% mer Tren,mde nPlanner G npeia D craw Viral. MAd>eeal D. ceaw Hours $300.00 1 $240.00 1 $135.00 $100.00 $75.00 TASK 1: Project Management and Meetings General project management 0 $0 Meetings 0 $0 TASK 4: Evaluation of Master Plan of Streets & HwyS Updated OCTAM Year 2035 Forecast i 81 61 10 24 $3,730 OCTA Meetings 4 4 4 12 $1,900 Intersection and Street LOS Analysis (update for 2040 al 101 24 42 $5,670 Transit Performance Analysis 1 101 121 60 82 $10,020 VMT Thresholds and Analysis 1 201 61 60 86 $11,610 TASK 9: Prepare Updated Circulation Element Draft Circulation Element i 16 4 20 $4,140 Final Circulation Element 8 4 12 $2,220 TOTAL HOURS by STAFF TOTAL FEE by STAFF 0 74 38 158 8 278 $0 $17,760 $5,130 $15,800 $600 $39,290 IBI Total Labor Hours 278 IBI Total Labor Fee $39,290 ODC's $ 105 IBI Total Budget: IBI Total Budget: Placeworks Total Budget: Subtotal Proposed Budget: October 2014 Amendment Request Total Proposed Budget: 25G -28 $39,395 $39,395 $84,321 (see attached for details) $123,716 $33,000 $156,716 Q 3O 1111111110111111111 Mill mill 11111111 1 N 11 mill NMI 111111111 11 1. 1111 I 1112111 ou HIM 111 o 25G -30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: AGREEMENT WITH THE COUNTY OF ORANGE FOR LAW ENFORCEMENT HELICOPTER SERVICES (STRATEGIC PLAN NO. /1, 5) CITY RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 three -year agreement with the Orange County Sheriffs Department for helicopter services, for the period of July 1, 2017 through June 30, 2020, subject to non - substantive changes approved by the City Manager and City Attorney. The first year agreement cost is $421,195.40. The City Council also authorizes the City Manager to execute the subsequent amendments in year two (July 1, 2018 - June 30, 2019) and year three (July 1, 2019 -June 30, 2020) for the contract amount of the first year of this agreement as outlined in Exhibit "A" plus up to ten percent. DISCUSSION In October 1994, the City of Santa Ana began participating in the Airborne Law Enforcement Services (ABLE) program. ABLE was a regional helicopter program, which combined resources from the City of Costa Mesa, the City of Newport Beach and the City of Santa Ana. On July 1, 2011, ABLE was no longer in existence. Airborne Law Enforcement Services allow the Police Department to provide a rapid enhanced response to incidents posing the greatest risk to the public, including robberies, burglaries, assaults, and fleeing felons. The purpose of this contract with the Orange County Sheriffs Department is to provide helicopter services for the City of Santa Ana from July 1, 2017 through June 30, 2020. The County will provide 365 hours of helicopter service under this agreement. Flight hours that are deemed countywide service will not be counted towards the contracted flight hours per year. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. The County will provide the City with a monthly flying hour report detailing assigned call time, patrol time and countywide service time spent over the City's jurisdiction as provided by Sheriff aircrews. 25H -1 Orange County Helicopter Agreement May 16, 2016 Page 2 The first year agreement cost is $421,195.40. The City Council authorizes the City Manager to execute subsequent amendments for years two and three as long as the annual increases do not exceed 10 percent. Any increase beyond ten percent for any amendment of this Agreement will require City Council approval. The Santa Ana Police Department will also provide one full -time sworn pilot/observer to the Orange County Sheriffs Department. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to achieve 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 the Police Department Field Operations contract services account (no. 01114420 62300) for the following fiscal years: J mes Schnabl Acting Chief of Police Santa Ana Police Department FY 2017 -18 FY 2018 -19 FY 2019 -20 $421,195.40 $421,195.40 $421,195.40 APPROVED AS TO FUNDS AND ACCOUNTS: - Cn21mo%, �r.� .�? Francisco Gutierrez u Executive Director Finance & Management Services Agency 25H -2 Exhibit 7 AGREEMENT FOR LAW ENFORCEMENT HELICOPTER SERVICES BETWEEN THE CITY OF SANTA ANA AND THE COUNTY OF ORANGE This Agreement is made by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", based on the following: A. COUNTY, through its SHERIFF- CORONER (hereinafter referred to as "SHERIFF'), employs, maintains, trains and equips personnel capable of responding to requests for law enforcement helicopter services from ground based law enforcement personnel. B. CITY is responsible for providing law enforcement services within its jurisdiction, which include law enforcement helicopter services. C. COUNTY represents that it is qualified and willing to operate said services. TERM This Agreement shall commence on July 1, 2017 and end on June 30, 2020 unless earlier terminated by either party. PURPOSE 1.01 The purpose of this Agreement is to provide law enforcement helicopter services to CITY's land and residents and for CITY to pay for the cost of the services provided by COUNTY. 1.02 Nothing in this Agreement shall be interpreted to give CITY a right to services from COUNTY. COUNTY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, operate and control all equipment, facilities, properties and personnel in providing law enforcement helicopter services to CITY pursuant to this Agreement. CITY acknowledges and agrees that the efficient use of public safety helicopter services requires a timely and prioritized response of a helicopter. CITY agrees that COUNTY will have the sole discretion to determine the priority of calls for service and when an assignment of an air crew to a call will be terminated. 1.03 Notwithstanding anything in the Agreement to the contrary, the CITY expressly retains all rights and powers to direct, manage, maintain, train, employ, equip, Page 1 of 7 25H -3 operate and control all equipment, facilities, properties and personnel in providing ground based public safety services to its land and residents. COUNTY PROVIDED SERVICES 2.01 COUNTY will furnish the CITY with public safety helicopter services as more particularly set forth in Exhibit "A," attached hereto and incorporated herein by this reference. COUNTY and helicopter aircrews retain the sole and exclusive discretion as to the specific type, nature, timing and duration of the services performed pursuant to this Agreement. 2.02 In no event shall SHERIFF or the aircrew be responsible for the direction and control of ground based law enforcement personnel and equipment of CITY during the course and scope of the services performed pursuant to this Agreement. CITY DUTIES 3.01 CITY shall pay COUNTY as determined by COUNTY pursuant to Paragraph 4.01 of this Agreement, for services provided by COUNTY under this Agreement. The services performed by the SHERIFF helicopter shall commence as of the date and time the helicopter is dispatched to, or arrives over, the airspace of the CITY, whichever occurs first. These services shall continue until the aircrew notifies the CITY that the assignment is complete or that the assignment must be terminated due to a higher priority assignment. Services performed by SHERIFF helicopter for the CITY shall be defined as: A. A direct request for air support services by the CITY where a SHERIFF helicopter arrives over the incident as logged by the aircrew (operationally identified as Helicopter Assigned) or; -- B. Any public safety call generated by the CITY and monitored by a SHERIFF aircrew in which they arrive over the incident as logged by the aircrew (operationally identified as Call Monitored and Responded) or; C. Routine patrol over CITY's jurisdictional areas and observe an incident (operationally identified as Observation Response); or D. Dispatched to a special assignment (operationally identified as Detailed Assignment). The CITY may authorize its ground based public safety supervision to cancel any response by SHERIFF helicopter. 3.02 CITY agrees to comply with the Federal Aviation Regulations (FAR) Part 91 and SHERIFF's Operations Manual Section V 1.18.0 in making calls for services, which establishes priority for calls to SHERIFF. 3.03 CITY agrees to install within its communications /dispatch center any radio equipment necessary to communicate directly with SHERIFF on the designated Page 2 of 7 25H -4 "SHERIFF CALL" frequency (800 MHz Talk Group). All costs associated with said installation shall be paid by CITY. ANNUAL FLIGHT HOURS, COST AND PAYMENT 4.01 The COUNTY shall provide Three Hundred and Sixty -Five (365) flight hours to the CITY per year, with the exception of the contract period July 1, 2019 — June 30, 2020, during which the COUNTY shall provide Three Hundred and Sixty -Six (366) flight hours to the CITY. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full cost of performing the services mutually agreed upon in this Agreement. CITY shall pay COUNTY the annual operating cost as set forth in Exhibit "A," for Three Hundred and Sixty -Five (365) flight hours of service provided to CITY under this Agreement ( "Contract Amount") for the first year of this agreement (July 1, 2017 - June 30, 2018). For each subsequent year of this Agreement, a written amendment will be executed to amend the Annual Flight Hours, Cost and Payment section of the Agreement and Exhibit A. Any services in excess of the contracted flight hours per year, on an annual basis, shall be billed at the hourly rate set forth in Exhibit "A." The Santa Ana City Council delegates authority to the City Manager to execute the subsequent amendments in year-two-(July-1 i 2018.-June. 30, 2019) and year three (July 1, 2019 -June 30, 2020) for the contract amount of the first year of this agreement as outlined in Exhibit "A" plus up to ten percent (10 %). Any increase beyond ten percent for any amendment of this Agreement will require City Council approval. 4.02 Flight hours that are deemed countywide service will not be counted towards the contracted flight hours per year. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. CITY shall not receive a refund if the total flight hours, on an annual basis, are less than the contracted flight hours per year. Upon thirty (30) days written notice to CITY, COUNTY may adjust the hourly rate in Exhibit "A" based on COUNTY's annual operating cost and the average time per call. COUNTY will provide CITY with a monthly invoice that is one twelfth of the annual Contract Amount. CITY shall pay COUNTY the Contract Amount set forth in Exhibit "A" in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Exhibit `B." 4.03 COUNTY will provide the CITY with a monthly flying hour -report detailing assigned call time, patrol time and countywide service time spent over the CITY's jurisdiction as provided by SHERIFF aircrews. The CITY shall notify the SHERIFF's Special Enforcement Bureau Commander within ten (10) days of receipt of the monthly flying hour report of any disputed call times. The Special Enforcement Bureau Commander and the CITY Supervisor will review the service provided by SHERIFF on a monthly basis to ensure that it coincides with the service level as set forth in Exhibit "A." The Special Enforcement Bureau Commander will be responsible for resolving disputes and adjusting service levels to coincide with Exhibit "A." INDEMNIFICATION 5.01 CITY agrees that COUNTY should be fully protected from any loss, injury, damage, claim, lawsuit, cost or expense arising out of, or in any way related, to the Page 3 of 7 25H -5 performance of services pursuant to this Agreement. Accordingly, the provisions of this Agreement should be construed and interpreted to provide the fullest possible protection to COUNTY. CITY acknowledges that COUNTY would not provide services in the absence of the commitments of CITY as specified in this Agreement. 5.02 To the fullest extent permitted by law, CITY shall defend at its expense including attorney's fees and with counsel approved in writing by COUNTY, indemnify and hold harmless COUNTY and its officers, employees, and agents (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate directly or indirectly to any services provided under this Agreement including, but not limited to, activities that relate in any way to this Agreement including the negligent and /or willful acts, errors and /or omissions of CITY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. Notwithstanding the foregoing, nothing herein shall be construed to require CITY to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. 5.03 COUNTY shall defend at its expense including attorney's fees and with counsel approved in writing by CITY, indemnify and hold harmless CITY and its officers, employees, and agents with respect to any claim, loss, liability, damage, lawsuit, cost or expense that arises out of, or is in any way related, to the sole negligence or willful misconduct by COUNTY, its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors. 5.04 If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. MISCELLANEOUS PROVISIONS 6.01 Each party to this Agreement shall immediately notify the other of any litigation or claim that is asserted by or against either party regarding this Agreement. 6.02 The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 6.03 If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. 6.04 This Agreement may be modified or amended only by a written document executed by both COUNTY and CITY. Page 4 of 7 25H -6 6.05 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 6.06 This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 6.07 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.08 Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred, contracted or subcontracted out without the prior written approval of COUNTY and CITY. 6.09 All notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows: CITY: CITY OF SANTA ANA — CLERK OF THE COUNCIL 20 CIVIC CENTER PLAZA (M -30) SANTA ANA, CA 92702 CITY ATTORNEY'S OFFICE ATTN: LAURA A. ROSSINI, SENIOR ASSISTANT CITY ATTY 20 CIVIC CENTER PLAZA (M -29) SANTA ANA, CA 92702 With Courtesy Copy: ATTN: CHIEF OF POLICE — City of Santa Ana 60 CIVIC CENTER PLAZA SANTA ANA, CA 92702 Page 5 of 7 25H -7 COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER SHERIFF - CORONER DEPARTMENT 320 N. FLOWER STREET, SUITE 108 SANTA ANA, CA 92703 Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above. Page 6 of 7 25H -8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the County of Orange, State of California. CITY OF SANTA ANA DATED: Robert Cortez, Acting City Manager City of Santa Ana ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: So R. Ca alh City Attorney 2� By: Laura A. Rossini Senior Assistant City Attorney FOR APPROVAL: Carlos Rojas Chief of Police COUNTY OF ORANGE DATED: BY: Chairwoman of the Board of Supervisors Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79 -1535 Attest: Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: Office of the County Counsel Orange County, California Deputy RECOMMENDED FOR APPROVAL: Sandra Hutchens Sheriff - Coroner Page 7 of 7 25H -9 EXHIBIT "A" (Effective July 1, 2017) The fees set forth in this exhibit represent the total cost of service provided by the COUNTY, through its SHERIFF - CORONER (SHERIFF), to CITY for fiscal year 2017 -18. ANNUAL OPERATING COST JULY 1, 2017 THROUGH JUNE 30, 2018 $421,195.40 HOURLY RATE FOR HOURS IN EXCESS OF THREE HUNDRED AND SIXTY -FIVE (365) FLIGHT HOURS FROM JULY 1, 2017 THROUGH JUNE 30, 2018 $1,153.96 The annual operating cost shall be divided into twelve equal monthly payments of $35,099.62 ($421,195.40 divided by 12 months). PERIOD COVERED - July 1, 2017 to June 30, 2018. (twelve -month term). Total Contract Amount For Services $ 421,195.40 Contracted Hourly Rate for Hours In Excess of Three Hundred and Sixty-Five 365 Hours Annually $ 1,153.96 Annual Flight Hours 365 Flight Time Per Da in minutes 00:60 Management of flight time provided to the CITY shall be the responsibility of the SHERIFF's Special Enforcement Bureau Commander. Flight time over the CITY will be recorded and monitored daily for the purpose of providing service in accordance with the above table. The CITY will be provided with a detailed monthly flying hour report. Flight hours that are deemed countywide service will not be counted towards the Three Hundred and Sixty-Five (365) contracted flight hours. The following type calls are deemed countywide service: Vehicle pursuits, bank robberies involving tracking systems, stolen vehicles equipped with tracking systems, riots, felonious suspects within a perimeter, assaults involving a weapon or an officer in need of assistance. Due to the inherent unknown nature in the need for airborne law enforcement service, SHERIFF will adjust daily service levels to coincide with the above table. In recognition that it will not always be possible to meet this goal (by either exceeding or falling short), SHERIFF will compensate for variations to arrive at an appropriate "daily average;' on a monthly basis. Exhibit A (Effective 7/1/17) Page 1 of 1 25H -10 EXHIBIT B COUNTY BILLING POLICY APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992 POLICY All County agencies /departments /districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure. Nothing herein,shall affect the liability, including pre - judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices. II. DEFINITIONS A. Contract for the Purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties. B. Received by the County - The phrase "received by the County", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County. III. FIXED PRICE CONTRACTS A. Fixed Price (One- Time /Non - Recurring Contracts) - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued no later than five (5) working days after delivery by the County of the materials and /or services. Examples of such one -time, non - recurring provision of materials and /or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city- requested data. Payment due date shall be invoice date plus 30 days. B. Fixed Price (Ongoing / Recurrina Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and /or services shall be issued according to the following frequency: 1. Annual Billings that total $10,000 or less per 12 -month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12 -month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12 -month period. Payment due date shall be invoice date plus 30 days. Page 1 of 4 25H -11 2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter. 3. Monthly Billings that are greater than $200,000 per 12 -month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12 -month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month. An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services. IV. ACTUAL COST CONTRACTS A. Actual Cost (One- Time /Non - Recurring Contracts) - Invoices that represent a billing for a one -time, non - recurring provision of materials and /or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. B. Actual Cost (Ongoing /Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency /department1district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days. Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill. V. PAYMENT DUE DATES Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices). (EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.) Page 2 of 4 25H -12 VI. LATE CHARGES The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County /contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow -up and processing of delinquent notices, increased accounting costs, etc. Late charges will be assessed in the following situations: — Over - the - counter payments will be assessed a late charge if any payment is not received by the County by the payment due date. — Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day. — Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge. The late charge assessed in each of these situations shall be three - quarters of one percent (0.75 %) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three - quarters of one percent (0.75 %) of said payment shall be added for each additional 30 -day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy. VII. COLLECTIONS Any invoice remaining unpaid 90 days after the invoice date shall be referred to the Auditor - Controller for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non - payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract. VIII. DISCOUNT FOR EARLY PAYMENT Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one - quarter of one percent (0.25 %). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date. If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. Page 3 of 4 25H -13 IX. DEFERRED REVENUE At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12 -month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11 /12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor - Controller Agency Accounting units, or for those agencies /departments /districts without such a unit, the agency/department/district shall notify the Auditor - Controller of the amounts to be reclassified. X. COST RECOVERY All County agencies /department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing. XI. EXISTING CONTRACTS Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy. XII. DEVIATIONS FROM POLICY Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies /departments /districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his /her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto. Page 4 of 4 25H -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: APPROVE TENANT - INTEREST PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJ. NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) &nLMANAGtR CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreements of Tenant Interest in the properties listed below and goodwill (if any) with the following property owners, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Tenant Property commonly known as / Acquisition Amount location Type Advantage Auto Insurance Brokerage Tenant 1 Khaled Jawhary 1111 North Bristol Street Suite D Interest $9'628 (APN 405 - 274 -10) C.R. Manchandia Family Dental Tenant 2 D.D.S. 1111 North Bristol Street Suite D $76,820 Interest (APN 405 - 274 -10) DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by summer 2017, and construction is anticipated to begin in fall 2017. The acquisitions of the tenant - interest (Exhibit 1) are necessary to accommodate the improvements and widening for Phase 3A. The above listed tenants agreed to quitclaim all of their tenancy interest, including loss of goodwill for the listed purchase prices. Purchase prices were made based on the appraised values prepared by a State - licensed appraiser, and the offers 251 -1 Tenant Interest Purchase Agreements - Bristol Street Improvement Phase 3A May 16, 2017 Page 2 were accepted by the respective tenant - sellers. The purchase prices for the acquisitions listed above are shown in the corresponding agreements (Exhibits 2 and 3). 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support — business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, the City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS /EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (Account No. 136792) for expenditure in FY 2016/2017 in the Select Street Construction Fund (Account No. 05917661- 66100), subject to nonsubstantive changes. Fre Mousavipour Executive Director Public Works Agency FMMG /JG /KN /ML APPROVED AS TO FUNDS & ACCOUNTS: C, e •g- �V Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Agreement for Advantage Auto Insurance APN 405 - 274 -10 3. Agreement for Family Dental D.D.S. APN 405 - 274 -10 251 -2 (NTS) MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET LEGEND: H W W a H z J �_ � a m a .s. 0 z -OBJECT PROPERTIES _AOOUIREO PROPERTIES SANTA ANA uAMMAY 1�6, 2017E CITY NOLIG VORKG AGOJGT CIVIC CENTER DR. F-T ---i L- - WASHINGTON AVENUE I m 40 N m 40 -274-11 12TH STREET EXHIBIT 1 J 01 u ea 405-282 -33 MATCHLINE SEE TOP LEFT TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) (Strategic Plan No. 6, 1, GI and 3, 2, C) 251 -3 PAGE 1 OF 1 251 -4 Project: Bristol Street Improvement Project —Phase 3A APN: 405- 274 -10 Tenant- Seller: Khaled H. Jawhary dba Advantage Auto Insurance Brokerage AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S _ INTEREST IN REAL PROPERTY THIS AGREEMENT ( "Agreement") is entered into as of this 2 7 ` day of _ /7WtCA 2017, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ( "Buyer "), and KHALED JAWHARY DBA ADVANTAGE AUTO INSURANCE BROKERAGE ("Tenant- Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant- Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant- Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements ") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street, Suite D. Santa Ana California ( "Premises ") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ( "Property"), and (b) any tenancy interest of Tenant - Seller ( "Tenancy Interest ") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: NINE THOUSAND SIX HUNDRED TWENTY EIGHT AND NO 1100 DOLLARS ($9,628.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $9,630.00 Less the Salvage Value of the Retained Improvements as shown on Exhibit C $2.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $9,628.00 Exhibit 2 251 -5 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant- Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit C in favor of Buyer ("Quitclaim Deed "), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant- Seller vacated the property on February 25, 2017. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant- Seller to Buyer all of Tenant - Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant- Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant - Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant- Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of malting necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant- Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant - Seller do not exceed the net amount to be paid to Tenant- Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant - Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant- Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant - Seller is entitled to payment under this 251 -6 transaction for the Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements, 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant- Seller's interest in the Improvements, Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which - might arise out of the filing of such action, whether or not such claim is specifically identified - herein. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action. 12. CLOSING; PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the following adjustments: A. Pay and charge Tenant - Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant- Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant- Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant - Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claims that Tenant - Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest (but excluding relocation benefits to which Tenant -Seller may be entitled and the loss of business goodwill, if any). Tenant- Seller hereby disclaims any right, title or interest in or to the Premises. Tenant- Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees "), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. 251 -7 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have __. materially affected his or her settlement with the debtor." - Tenant- Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant- Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant - Seller: 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant - Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant- Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant - Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant- Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant - Seller hereby warrants, represents, and /or covenants to Buyer that: A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perform all of its 251 -8 obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. Until the Closing, Tenant- Seller shall not do anything which would impair Tenant - Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order. E. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant - Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21.. HAZARDOUS WASTE. Neither Tenant- Seller nor, to the best of Tenant - Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or. the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. S6901, et seq.(42 U.S. C. S6901). 251 -9 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant- Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the - -- -- -- city within which the subject Property is located, the California Department of Health Services, the -- - — -Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 23. INDEMNITY. Tenant - Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or omissions of Tenant -Seller herein. 24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 251 -10 Mailing Address of Tenant - Seller PO BOX 61501 Irvine, CA 92602 Mailing Address of Buyer 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Tenant - Seller Khaled H. Jawhary dba Advantage Auto Insurance Brokerage It. Buyer THE CITY OF SANTA ANA Gerardo Mouet Acting City Manager Date: Attest: By: Maria D. Huizar City Clerk Approved as to Form: By: Qr4 /N!" ft"j Jo M. Funk Assistant City Attorney Date: Recommended for Approval: ILN Fred Mousavipour Executive Director - Public Works Agency Date: 251 -11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain real property situated In the County of Orange, State of California, described as follows: - Parcel 1 of Parcel Map No. 87 -340, in the City of Santa Ana, County of Orange, State of California, as shown on a map Bled in Book 237 Pages 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405- 274 -10 251 -12 IMPROVEMENTS PERTAE'UNG TO THE REALTY ADVANTAGE INSURANCE SUITE D FAIR MARKET VALUE IN -PLACE DATE OF VALUE; DECEMBER 1712015 Q -- f DESCRIPTION; FMV IN Y TENANTIMPROVEMENTS PLACE SIGNAGE EXTERIOR t 21870 (9) LETTERS, INDIVIDUAL, 18 "CHANNEL, ILLUM, PLASTIC FACE (126) LETTERS, WINDOW DECAL, S%5' (2) MONUMENT SIGN, IM PLASTIC WIVINYL DECAL LETTERING I SLOT BOARD DISPLAY PANEL, (64)8F 205 1 SURVEILLANCE SYSTEM 830 (3) CAMERAS (1) DVR (2) MOTION SENSORALARM 1 SECURITY DATE, FOLDING, (160)SF 3,360 TOTALTENANTIMPROVEMENTS $ 71265 &mpe'T ?.1076" LC --117 ia% 4 -iop # q, &%) 251 -13 Hernando Avilez From: Hjelmassoc @aol.com Sent: Tuesday, February 28, 2017 9:30 AM To: Hernando Avilez Subject: Re: Advantage Insurance - 1111 N. Bristol St., #D, Santa Ana Here you go. — _. Sosthe` Rug' is, lhe carpet „ Ca m e up, w dh 52,593 gA.$2075 -, F - . Lgt� Commercial Rope Light, 5300 negy and 300 FMV. Must be new because not in my pictures at Inspection. Thanks Steve,, GJdyh4&&"ASA -MTS, ARM -MTS Sr. Member Hjelmstrom & Associates 714 - 493 -1735 www.hoelmassoc.com in a message dated 21211201712:38:29 P.M. Pacific Standard Time hAyilez ()opcservices.com writes: Steve. Attached Is the Information sent by Advantage Insurance: Thanks, Hernando 251 -14 DESCRIPTION OF THE RETAINED IMPROVEMENTS 1 SIONAGe EXTERIOR (0) LETTERS, INCIIADVAL,16n CHANNEL, 1LLl 1 PL11,nO FACE TOTAL RETAINED IMpROVEMENTSI MRTAINING 70 TIME RQAi.'FY 251 -15 ADVANTAGE INSURANCE SUITE 0 FAIR MAMET VALUE IN-PLACE AA'IR OF VALUE; DICENIEER 1T, 2016 bl- V 4 251 -16 Project: Bristol Street Improvement Project— Phase 3 A APN: 405- 274 -10 Tenant - Seller: C.R. Manchandia D.D.S. AGREEMENT FOR ACQUISITION OF TENANT - SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT FOR ACQUISITION OF TENANT- SELLER'S INTEREST IN REAL PROPERTY ( "Agreement ") is entered into as of this day of , 2017, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly, organized under the Constitution and laws of the, State of California ( "Buyer "), and C. R. MANCHANDIA D.D.S. ("Tenant- Seller ") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant - Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant- Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively "Conveyed Improvements ") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street, Suite K. Santa An California ( "Premises ") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ( "Property "). In lieu of Buyer's acquisition of Tenant- Seller's tenancy interest through eminent domain proceedings, , Tenant - Seller also relinquishes the tenancy interest of Tenant - Seller ("Tenancy Interest ") in and to the Premises and the Property. Such relinquishment shall not be construed against any claim by Tenant- Seller for loss of business goodwill, if any. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Conveyed Improvements Pertaining to the Realty attached hereto as Exhibit B. 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum as follows for Conveyed Improvements: SEVENTY -SIX THOUSAND EIGHT HUNDRED TWENTY AND NO 1100 DOLLARS ($76,820.00) ("Purchase Price ") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $76,820.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $76,820.00 Exhibit 3 251 -17 6u,11 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Upon delivery of possession on March 31, 2017 or such earlier or later date as the parties may agree in writing ( "Possession Date ") Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit C in favor of Buyer ( "Quitclaim Deed'), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Conveyed Improvements, 4. Tenant- Seller will vacate the property on March 31, 2017 unless otherwise agreed in writing pursuant to Paragraph 3 above. 5. CONVEYANCE OF INTEREST IN CONVEYED IMPROVEMENTS. The Quitclaim Deed will convey from Tenant- Seller to Buyer all of Tenant - Seller's interest in and to the Conveyed Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant- Seller's vacation of the Premises and proof of clear title to all said Conveyed Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant- Seller hereby warrants and certifies under penalty of perjury that Tenant - Seller is the owner of the Conveyed Improvements and that no document has been signed by or on behalf of Tenant- Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Conveyed Improvements, and that the Tenant- Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant - Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times after the Possession Date, or upon pre - approved permission by Tenant- Seller prior to the Possession Date, for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Conveyed Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and /or a report from the Secretary of State's Office as to filings of security interests covering the Conveyed Improvements, 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Conveyed Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant - Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant - Seller do not exceed the net amount to be paid to Tenant - Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant - Seller. 2 Ckt 251 -18 A general creditor's claim shall not be deemed to be a claim against any specific item of Conveyed Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment under this transaction for the Conveyed Improvements. It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Conveyed Improvements. 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and /or Tenant - Seller's interest in the Improvements, Tenant- Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein, except for loss of business goodwill, which is preserved,. Tenant - Seller hereby authorizes Buyer to withdraw and make payable to Buyer any funds deposited with the Court in any such eminent domain action.. 12. CLOSING: PURCHASE PRICE ADJUSTMENTS. Delivery of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant - Seller, subject to the following adjustments: A. Pay and charge Tenant- Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the Conveyed Improvements and the Tenancy Interest. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant - Seller. 13. FULL AND COMPLETE SETTLEMENT (EXCLUDING RELOCATION BENEFITS TO WHICH TENANT - SELLER MAY BE ENTITLED AND THE LOSS OF BUSINESS GOODWILL, IF ANY). Tenant - Seller hereby aelmowledges that the compensation paid to Tenant - Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant- Seller from the Premises, specifically including, but not limited to the value of the Conveyed Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation (except as may be related to loss of business goodwill) and for precondemnation damages, -and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Conveyed Improvements and the Tenancy Interest (but excluding relocation benefits to which Tenant- Seller may be entitled and the loss of business goodwill, if any). Except for a claim for loss of business goodwill, if any, and any relocation benefits, Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant- Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees "), hereby release the other party, and its Releasees, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Conveyed Improvements and the 3 aL/ 251 -19 Tenancy Interest. Additionally, except for a claim for loss of business goodwill, if any, and any relocation benefits, Tenant- Seller hereby expressly and unconditionally waives any claims (known or unknown) including severance damages, statutory interest, claims for inverse condemnation or unreasonable pre - condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant- Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code § 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant - Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant - Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or under any statute or common law or equitable principle of similar effect. Tenant - Seller: 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant - Seller with respect to the Tenancy Interest and the Conveyed Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16. AGREEMENT TO EXECUTE. Tenant- Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Conveyed Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant - Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in partial settlement of potential litigation between Tenant- Seller and Buyer and shall never be treated as an admission by Buyer or Tenant- Seller for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 4 Ott/ 251 -20 20. WARRANTIES, REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant - Seller hereby warrants, represents, and /or covenants to Buyer that: A. To the best of Tenant - Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Conveyed Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant - Seller shall not do anything which would impair Tenant - Seller's title to the Premises, the Conveyed Improvements or the Tenancy Interest. C. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant - Seller's knowledge, all such items are in good working order. D. To the best of Tenant - Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant - Seller, the Premises, the Conveyed Improvements or the Tenancy Interest may be subject. E. Until the Closing, Tenant- Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. To the best of Tenant - Seller's knowledge, except for the substances and materials attendant to the operation of an ordinary family dental practice that may comprise same, neither Tenant - Seller nor any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Except for the substances and materials attendant to the operation of an ordinary family dental practice that may comprise same, Tenant - Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of may Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter - Presley - Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under §25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) 5 251 -21 designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. S6901, et seq. (42 U,S.C. 56901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant - Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus.. 23. INDEMNITY. Tenant- Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises caused by Tenant- Seller, except with respect to substances and materials attendant to the operation of an ordinary family dental practice that may comprise same, or (ii) the violation, or alleged violation by Tenant - Seller, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment proximately caused by Tenant - Seller. This indemnity extends only to acts or omissions of Tenant- Seller herein. This indemnity extends only to acts or omissions of Tenant- Seller prior to or up to the Possession Date. Tenant- Seller shall not be responsible for acts or omissions after the Possession Date. 24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 251 -22 27. NOTICES All notices and other communications which are required to be, or which may be given under this Agreement shall be in writing, and shall be delivered at the addresses set out herein below. Efto Tenant - Seller: C.R. Manchandia, D.D.S. 1915 W. First Street, Unit B Santa Ana, CA 92703 With a copy to: Peterson Law Group, PC 19800 MacArthur Blvd., Suite 290 Irvine, CA 92612 If to Buyer: City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 28. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Orange County. 29. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties, except for any agreement that may result from relocation benefits to which Tenant- Seller may be entitled and any agreement that may result with respect to Tenant- Seller's loss of business goodwill, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. 251 -23 Mailing Address of Tenant - Seller Tenant - Seller C. R. MANCHANDIA D.D.S. By: C�IA'Iott,t C fl Its: aid 1',e_v Date: Lj -1 1 t Mailing Address of Buyer Buyer 20 Civic Center Plaza, M-3 0 THE CITY OF SANTA ANA Santa Ana, California 92701 By: Gerardo Mouet Acting City Manager Attest: Maria D. Huizar City Clerk Date: Approved as to Form: John M. Funk Assistant City Attorney Recommended for Approval: C Fred Mousavipour Executive Director - Public Works Agency ('V1 251 -24 EXHIBIT A LEGAL DESCRIPTION Or PROPERTY All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87 -340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 237 Pages 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405- 274 -10 Cal 251 -25 KIR MAMDI131UM9[ZUrl�l�lll`►YK���:� :U►�11►C _ • � :1�1 C.R.MANCHAa? DI&FAMILYDE14TAL 'IMMO5 BMJIJTS PERTAINING TYI'1HE REALTY Peak Faslcat Itam Value in No. Qty. Doecrlrytiou Flaw .1 1 Ctaunol letter sign, IS" high, inforioriilumivatlon,metal 82680 oabinat, "Dontiat", plastic fasola, wall - mounted 2 1 utof vinyl latter window sigoage, l "to 10.5" high, 200 "Dcntisda! Sss linbla Eupa0oU S42 2I33AHoaats, cto." 3 2 Fascia signs, 41x15 ",188110,1 " Wall vinyl etfors, 425 " IJenttat", monutttent a#prnoantod 4 1 Hood- painted door ulgn, 2.5" to 7" high, "1111 -Kf 35 pentlaN C.R. Manelmndia, D.D.S." 5 Ito Square Feetcfharixontalwlndowbllnde atumiwnlslat 400 6 ? Ceiling Fans, 48" diameter, 5- blade, elecirlcal 315 7 1 110 S 1 Built-in rooeptloa dark, T x24", double pedestal, 610 laminate, 3- drawor, I door, laminatetop, 4" high backspiash 9 1 Servico oounfeA $41' x I1", laminate, pony wall t ae, 223 49" x 42 1, ussumed to bo wood iYamim,, drywall €acing„ 4" high vinyl base ooving 16 2 Sisk coontors, 19" x 35" x 2111, woad bass, a9ngle door, I,S00 IanAnate toga, 4" high backsplasb, 1 drop -in sink, SS" s 50 x 13'°, Stainless stW, sipgio mixiug inucat, plumbing 251 -26 LOX 06 10 WNW CONVEYED IMPROVEWNTS PERTAINING TO THE REALTY C.R. MANGYIAANDIA VAlulILY DENTAL RAPROV33Ml3NTS 1'MAINING TO THE REALTY 0 V 25127 X+nb•Market Item Value In No. pry. laosct9pllott place 11 2 Through -wall x-ray cabinets, 5111 x 5111 x 1211, dual -skied, 2,854 bl- foldlnp dorns, hunluate 12 2 Soap dispensers, Chrome 50 13 3 Paper tawel dispowers, piastlo, ti Poll - mounted 125 1 1 Floor sink, 12" x 8" x 12 ", enamol on metal, dloer 915 recessed 16 1 Lob sink counter, 84j1 x 24 ", laminate on wood, G-dratxer, 2,475 4 door, 1 drop -in dual sink, 3311 x 5" x 2211, stainless steel, single snixtag faucet, phimbing IW 1 Lab wall oabhwa 84" x30", lamluote on good, 4-door 5617 17 1 Base cabinet; 3711 x 25", laminate an woad, 2 -door, 675 2- drawer l8 1 Lab sink counter, 6411 x 24110 lamlaate on wood, 4" high 2,000 backsplob, l drop -in sink, 33" x 5" x221; stainless stavl, single misingfanoat, plumbing f 1 Lab wall o Mno4 60" x 90", laminate, 4 -door 425 W 1 Dasktopf lab witnter, 6511 x 25i1, laminate 235 21 1 Base aablnet,102" x2411, latol.uate on wood, 411 bigb 1,850 baoksplasb, 2 -door, 6- drawer 22. 1 Lot ofdled rical setup and Installation for air compressor, k,$75 dalal vacuums pump and connection for 4 operatoryl dentalpackngce 0 V 25127 1 *311130-0 CONVEYED IMPROVEMENTS PERTAINING TO THE REALTY C.R. MANCIIANDIA FAM I X ARNTAL RAFRO'VEM13NTS PHUAINING TO THE REALTY Fair Maeket Item W'slue In 140, M Derwalption Place AS I Let ofvluy'i tilo and commercial carpeting for 0nth 4,004 offiiae, bolading 61, high vinyl base coving '10 TAL IMPRO'VEiu NTS PERTA11414t1 TO THE REALTY c1"'"/ 251 -28 Lot of interior ivail parlitioning For 12 separate Moms/ 32,250 of&04 Mumed to be wood pEwWoning, dual aided drywallfwcles, inoludhigdoorg 2 1 Lot oft:prinkferheads end plumbing thwmAoat for ti 4 ,000 separate raosus 2 I Lot HVAC for eatfro dowal ulfioq including 0ondon8or, $,©OD dltOtil7g, and vonts 6 I lAt of©lectricnI power distribution for andtre dental 7,51D0 oMta unit, Inoluding panvol, sub - panels and oaticts throughout 1 Exhaust ft, 315 AS I Let ofvluy'i tilo and commercial carpeting for 0nth 4,004 offiiae, bolading 61, high vinyl base coving '10 TAL IMPRO'VEiu NTS PERTA11414t1 TO THE REALTY c1"'"/ 251 -28 EXHIBIT C RECORDING REQUESTED BY: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL TO: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M -30 Santa Ana, California 92701 Exempt from Recording Fee Pursuant to Government Co Exempt from Documentary Transfer Tax QUITCLAIM DEED County Assessor's Parcel Number: 405 -274 -10 (1111 N. Bristol, Suite K, Santa Ana, CA) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C. R. MANCHANDIA D.D.S. Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as all right title and interest in and to the following described real property in Exhibit "1" including any and all leasehold interest, title and interest in the items in Exhibit "2 ", list of Conveyed Improvements Pertaining to the Realty, (fixtures and equipment), attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Conveyed Improvements Pertaining to the Realty conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, including all Conveyed Improvements Pertaining to the Realty, against all demands and claims of all persons. SEE EXHIBIT "1" & "2" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF IN WITNESS WHEREOF, the grantor hereto has caused this Quitclaim Deed to be executed as of this—day of 12017. 0 251 -29 Date: EXHIBIT `1" LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Parcel 1 of Parcel Map No. 87 -340, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 237 Paces 48, 49 and 50 of Parcel Maps, records of Orange County, California. Assessor's Parcel Number: 405- 274 -10 W 251 -30 EXHIBIT "2" DESCRIPTION OF CONVEYED IMPROVEI"IENTS C.R. MANCHi" MIA FAIMIIL�Y UBNTAL iNM ROV'F3 ENTS PMTAIAiII G TO U-1B REAM item No. {Zky l3cceca itatlrsl 1 5 Channel letter PIZ% I V high, interior illumination, moinl cabinets "Donti®t , pipstio fasola, mall mountod 2 1 Lot of vinyl letfor window signage, V to 10.5°" high,. Mcatlstaf Se1-lablaEspanolf $42.21331 Hour% etc," 3 2 Fascia signe, 41x 15". plastic; 7" high vinyl Wors, "Decctist", monument signmaanited 4 1 Wand ialnted door sign, 2.5" to 71 high, 111111 -Kf Detntisii CA. I enchaedia, ffi D.5 " 5 124 Square feet of horizon tai wlodow blinds, alnntinum slat 4 2 Coiling fans, 48" diameter, $- blade, alectrieal 7 1 Service wil4ow Colmler, 47 " x.12 ", iacainnto 2 1 BuilWn reception dos&, Tx 2411,doulAcpodestals laminate, 3- drawer, l door, Uminaie top, 4"bi0 baelsspladh 9 1 Service oonnter, 54" x 11 ", Impinato, pony wall brig, 491' x.42 ", osaursmd to be W004 fiamloz drywall Win& 4" high vinyl bane roving, 10 2 Silik mounters, 19" x55" x25"a wood rasa, singlo d904 isminate toga. 41" high baokslplasb, l drop-hi sink, 15" x 9" x 1541, stainless stool, single mixing fhtmt, plumbing 251 -311 A.= 1: Y _ DESCRIPTION OF CONVEYED IMPROVEMENTS Ca. MANCI•MWPTATAMILY1313 TAL 1AVROVEMENTS PBRTAIt I NG TO TSH RBALT'Y Item 'Into. qty 13osa'iptioas 11 2 'I"ittawgE�•tvalix- raya�hfne�, 51" xSi "x 12 ", dtilal- sxdad, bi- £aScliiss alaars; iauni3aatx� 12. 2 Soap olspensors,cluome 13 3 Paper towel Sisponsers, plastic, viali,mounted 1 � 1 &�laar alrak, fl2" x S" x 12 ", onasnal can anetal, 37aor recessed 16 1 Lab sink cvrautes, 04" x 2411, bniluatocnwood, 6- drawer, 4 door, l chap -ln dual siA6 33" x 5 "x 22 ", stainless stool, altagle r bdog xh=4 ploasWAig P9 1 Lacs watt csblw% 8411 x 3 Q'i 3atsainate on v o4, 4-door 17 1 Baseeabinok 37" x 25 ", laminate on wood, 2 -443aa; 2- 4rmvor 19 1 Lab sink catnster, G4" x 20* lamineato on wood, 4" istgis tmoh splash, l drop -in ", 33" J x " x 2211, stainloas d eat ain0e s9rlxing€eatcer, plumbing t rf I Lab wall onbinot, 60" x 34 ", lmninete, 4-door 20 I 1]oeRW lab counter, 6511 x 25tl1, laminato 21 I Base oablaot, 142" x24 ", larninatoon wood, 411 Mgh bnoi splaalr, 2 -door, "rawer 2,l 1 Lot of elbeirical setup and Installation for air aomlrrwsaor, ticntal wtimum pmip and aannewim for 4 operataiyf dont"I packages M 251 -32,1 E)MBIT "2" DESCRIPTION OF CONVEYED IMPROVEMENTS Cat. MANCHANDIA FAMILY DENTAL IMPROVEMENTS PPETAll*lUD TOTHE 1 HAM Y limn No, ity. Degorlp4ian a 1 Lotofintcrtor wall pertitiaslagfbr12separatercoms! offices, assumed to he wood partliiouing, dual sidod drywall v;IP4 including doors R 1 Lot ofsprinld rrheadg and plumbing throughout for l2 separate rvotug ,2ff I LotHVAC for eathdentalofflce, including condenser, dueting, and vents 16 1 Lot of elrmtrieai power distribution for andre dontal office tenit, Including penal, sul -pa ieia and outlets tbrcughout 27 1 Exhaust fan, through- ruefvenlilation, electrical 18 1 Lot of vlayl 1114 and cmnmarolal ompatigg for emit oilioc, irtahwdtng W high vinyl ban cooing TOTAL IMPROVEMTiM PERTAINING TO TM IMALTY 251 -313 251 -34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: APPROVAL OF AGREEMENT WITH CYNTHIA KURTZ AS INTERIM CITY MANAGER CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Direct and authorize the Mayor and Clerk of the Council to execute the attached agreement appointing Cynthia Kurtz as the Interim City Manager for the City of Santa Ana, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION The City Charter Section 500 authorizes the City Council to appoint a City Manager. The City Manager is the chief administrative officer of the City who, under the direction of the City Council, is responsible for the proper administration of all affairs of the City. Cynthia Kurtz has served in numerous management positions, including City Manager of the City of Pasadena for ten years, the Interim City Manager of Covina, and the Ethics Advisor Consultant to the City of Vernon with Former California State Attorney General John Van de Kamp. She brings extensive public infrastructure experience as well as economic development experience to Santa Ana as she is a former Public Works Director and served as the President and CEO of the San Gabriel Valley Economic Partnership Ms. Kurtz received her undergraduate degree in Community Development and Housing from Pennsylvania State University. She also holds a Master of Arts in Transportation and Urban Development form the University of Iowa. The proposed Employment Agreement, a copy of which is attached as Exhibit A, is the agreement staff is recommending the Council approve to appoint Ms. Kurtz as Interim City Manager. The agreement will remain in place until such time as a permanent City Manager is hired or the agreement is terminated at the direction of the City Council. The agreement allows Ms. Kurtz as Interim City Manager to perform all the functions and duties of a City Manager as specified in the City Charter. The agreement provides for a monthly salary of $25,000 and the use of a City vehicle or a $500 a month vehicle allowance. 25J -1 Agreement with Cynthia Kurtz May 16, 2017 Page 2 The agreement provides for a monthly salary of $25,000 and the use of a City vehicle or a $500 a month vehicle allowance. FISCAL IMPACT Upon approval, funds will be available in the City Manager's Office — Salary Expense Account (account no. 01103010 61000 - Various). FY 16/17 funds of $51,000 and FY 17/18 estimated funds of $153,000. Edward . R ya Executive Director Personnel Services APPROVED AS TO FUNDS AND ACCOUNTS: -- Francisco Gutierrez Executive Director Z "` Finance & Management Services Agency 25J -2 A- 2017 -117 CITY OF SANTA ANA INTERIM CITY MANAGER EMPLOYMENT AGREEMENT 1. PARTIES AND DATE. This Agreement ( "Agreement ") is made and entered into this 9th day or May, 2017 by and between the City of Santa Ana, a municipal corporation ('City ") and Cynthia Kurtz, an individual (`Employee"), in order to provide in writing the terms and conditions of employment for interim City Manager services. City and Employee are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Employment of Interim City Manager. City desires to employ the services of Employee as interim City Manager for the City of Santa Ana, and Employee desires to accept employment as interim City Manager. It is the desire of the Parties through this Agreement to establish conditions of employment and to set working conditions for Employee. 3. Tmums. 3.1 Duties, 3.1.1 Designated Duties. City hereby agrees to employ Employee as interim City Manager of City to perform the Functions and duties in accordance with applicable state law, the City's Charter and Municipal Code, as well as the approved City job description for the position. Employee shall also perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. 3.1.2 Control and Supervision. Employee shall serve at the will and pleasure or the City Council, without the employment privileges or protections provided for in the City Charter, and pursuant to the terms and limitations of this Agreement, and will be under the day - to -clay supervision and direction of the City Council. 3.1.3 City Council Meetings and Presence in Santa Ana. Employee shall attend all City Council and City Council committee meetings, unless excused or directed otherwise. Employee has disclosed dates of previously scheduled commitments and City hereby excuses Employee based on those disclosures. It is recognized that Employee will devote a great deal of time outside the normal office hours - schedule, and to that end. she shall be allowed to establish au appropriate work schedule recognizing that the City is on it 9 -80 work 25J -3 schedule. Employee's monthly compensation will not change regardless of additional or fewer days worked in a particular month. 3.1.4 Additional Public and Private Service. City acknowledges that Employee has been appointed by the City of Pasadena to serve as a Board Member of the Metropolitan Water District of Southern California. City agrees that Employee will continue her service on the MWD Board while this Agreement is in effect. Employee will otherwise focus her professional time, ability, and attention on City business during the terns of this Agreement. To the extent consistent with applicable law. Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of the City Council, except that: (1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. Such activities may include, but are not limited to, involvement with the League of California Cities, the International City /County Management Association, and other nonprofit associations, and the completion of the occasional outside consulting project. (2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement or create conflicts of interest. 3.1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or )imitation on their use. All ideas, memoranda, specifications. plans, procedures, drawings. descriptions. computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent of the City Council, be used by Employee for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. The terms of this Section 3. 1.5 shall survive termination or expiration of this Agreement. .3.1.6 Rights and Obligations of Employee and City. City and Employee shall have the rights and obligations of public entities and public employers, respectively, set forth in Division 3.6 of Title 1 of the California Government Code, commencing with Section 810. 3.2 Term; Termination; Severance Pay. 3.2.1 Term. This Agreement shall become effective on May 9. 2017 and shall continue until terminated either by the City Council or by Employee ("Initial Term "). 25J -4 3.2.2 Termination. The Parties understand and agree that the employment relationship created by this Agreement is "at -will' and that the Employee shall serve at the will and pleasure of the City Council. The Employee may be terminated at any time without cause, with no advance notice. Nothing in any statute, the City Charter, ordinance, or rule shall prevent, limit or otherwise interfere with the right of the City Council to terminate, without right of appeal or grievance, the employment of the Employee at any time, as provided herein. Accordingly, Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of her employment, and that Employee shall not be entitled to severance under any conditions. 3.23 Automatic Termination. This Agreement. and Employee's employment.. shall automatically terminate upon the happening of any of the following events: (l) Upon mutual agreement in writing by both Parties to terminate this Agreement. (2) Upon thirty (30) days notice of resignation given to City by Employee. (3) Upon the death of Employee. 3.2.4 Notice for Resignation. In the event Employee voluntarily resigns her position with City, then Employee shall give City thirty (30) days notice in advance. unless the Parties otherwise agree. 3.3 Salary /CaIPERS Retiree. 3.3.1 Salary. City shall compensate Employee at a monthly base salary equal to Twenty Five Thousand Dollars ($25,000), prorated for any partial months worked. This base salary shall be payable monthly at the same time as other employees of the City are paid. 3.3.2 PERS Retiree. Employee is a CaIPERS retired annuitant. City has engaged Employee in accordance with CaIPERS rules and regulations which permit City to appoint annuitants who have specialized skills needed to provide service for a limited duration. Employee understands that CaIPERS retired annuitants may be employed by a CaIPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for Fill such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Employee is providing service to any other CaIPERS public agency employer during the term of this Agreement, Employee must notify the City of such employment and disclose on a periodic basis (at a frequency determined by the City) the number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded. 25J -5 3.4 Fringc Benefits. 3.4.1 Leave and Insurance Benefits. City shall provide Employee no benefits of any kind, including but not limited to membership in the California Public Employees Retirement System (PERS), annual leave, health insurance, dental or optical insurance, life insurance, long -term disability coverage, or other insurance. 3.4.2 Telephone and Technology. City shall provide Employee with a cellular telephone and an Apple Wad or other device capable of receiving and sending email and accessing the Internet. City shall pay for service to these devices, which shall be returned to City upon expiration or termination of Employee's employment. 3.43 Vehicle. City shall provide Employee with either a City - owned, unmarked vehiele which may be used for City business and for commuting to and from work at the City or a .travel allowance of five Hundred ($500.00) per month, but not both. 3.4.4 Dues. Meetings and Travel. City agrees to budget and pay for professional dues and subscriptions for Employee necessary for her continuation and participation in national, regional, state and local boards, task - forces, conferences and meetings, associations and organizations for the benefit of the City. City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task -force meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. 3.5 Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre -paid. addressed as follows: CITY: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 ATTN: City Clerk Employee: Cynthia Kurtz [Address on Pile: Confidential) Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 25J -6 3.6 General Provisions. 3.6.1 Entire Agreement. The text herein shall constitute the entire agreement between the Parties. 3.6.2 Severability. if any provision, or any portion thereof. contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof. shall be deemed severable, shall not be affected and shall remain in full force and effect. 3.63 Bonding. If applicable, the City shall bear the full cost of any fidelity or other bonds required of Employee in the performance of his duties as City Manager. 3.6.4 Modification. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties. 3.6.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 3.6.6 Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by his without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this provision shall, at the option of the City Council, be null and void and may be considered a material breach of this Agreement. 3.6.7 Law Goveminp Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Vemrc shall be in Orange County, California. 3.6.8 No Presumption of Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties, and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. 3.6.9 Attorneys' Fees. if any action at law or in equity. including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover such amount as the court may award as reasonable attorneys' fees and costs. 25J -7 3.6.10 Assistance of COnnSel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation tor, and preparation of, (his Agreement or could have had such assistance and voluntarily declined to obtain such assistance. SIGNATURES ON NEXT PAGE 25J -8 schedule. Employee's monthly compensation will not change regardless of additional or fewer days worked in a particular month. 3.1.4 Additional Public and Private Service. City acknowledges that Employee has been appointed by the City of Pasadena to serve as a Board Member of the Metropolitan Water District of Southern California. City agrees that Employee will continue her service on the MWD Board while this Agreement is in effect. Employee will otherwise focus her professional time, ability, and attention on City business during the term of this Agreement. To the extent consistent with applicable law, Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization. whether for compensation or otherwise, without the prior consent of (lie City Council, except that: (1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. Such activities may include, but are not limited lo, involvement with the League of California Cities. the International City /County Management Association, and other nonprofit associations, and the completion of the occasional outside consulting project. (2) This Agreement shall not be interpreted to prohibit Employee from snaking passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement or create conflicts of interest. 1. 1.5 Citv Documents. All data, studies, reports and other documents prepared by Employee -while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent of the City Council, be used by Employee for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. The terms of this Section 3.1.5 shall survive termination or expiration of this Agreement. 3.1.6 Rights and Obligations of Employee and City. City and Employee shall have the rights and obligations of public entities and public employers, respectively, set forth in Division 3.6 of Title I of the California Government Code, commencing with Section S 10. 3.2 Term; Termination; Severance Pay. 3.2.1 Term. This Agreement shall become effective on May, 9. 2017 and shall continue until terminated either by the City Council or by Employee ( "Initial Term "). 25J -9 3.2.2 Termination. The Parties understand and agree that the employment relationship created by this Agreement is "al -will" and that the Employee shall serve at the will and pleasure of the City Council. The Employee may be terminated at any time without cause, with no advance notice. Nothing in any statute, the City Charter. ordinance, or rule shall prevent, limit or otherwise interfere with the right of the City Council to terminate, without right of appeal or grievance, the employment of the Employee at any time. as provided herein. Accordingly, Employee agrees that this Agreement sets forth the only terms and conditions applicable to the termination of her employment, and that Employee shall not be entitled to severance under any conditions. 3.2.3 Automatic Termination. This Agreement, and Employee's employment, shall automatically terminate upon the happening of any of the following events: (1) Upon mutual agreement in writing by both Parties to terminate this Agreement. (2) Upon thirty (30) days notice of resignation given to City by Employee. (3) Upon the death of Employee. 3.2.4 Notice for Resienation. In the event Employee voluntarily resigns her position with City, then Employee shall give City thirty (30) days notice in advance, unless the Parties otherwise agree. 3.3 Salary /CaIPERS Retiree. 3.3.1 Saarw. City shall compensate Employee at a monthly lease salary equal to Twenty Five Thousand Dollars ($25,000), prorated for any partial months worked. This base salary shall be payable monthly at the same time as other employees of the City are paid. 3.3.2 PERS Retiree. Employee is a CaIPERS retired annuitant. City has engaged Employee in accordance with CalPERS rules and regulations which permit City to appoint annuitants who have specialized skills needed to provide service for a limited duration. Employee understands that CalPERS retired annuitants may be employed by a CalPERS public agency employer, by temporary appointment to a position not to exceed 960 hours in any fiscal year for all such employers; either (1) during an emergency to prevent stoppage of public business or (2) because the retired employee has skills needed in performing the work of limited duration. In the event Employee is providing service to any other CaiPERS public agency employer during the term of this Agreement. Employee must notify the City, of such employment and disclose on a periodic basis (at a frequency determined by the City) the number of hours Employee is performing for that other public agency to ensure that the maximum number of hours is not exceeded. 25J -10 3.4 Fringe Benefits. 3.4.1 Leave and Insurance Benefits. City shall provide Employee no benefits of any kind, including but not limited to membership in the California Public Employees Retirement System (PERS), annual leave, health insurance, dental or optical insurance, life insurance, long -term disability coverage, or other insurance. 3.4.2 Telephone and Technology . City shall provide Employee with a cellular telephone and an Apple Wad or other device capable of receiving and sending email and accessing the Internet. City shall pay for service to these devices, which shall be returned to City upon expiration or termination of Employee's employment. 3.4.3 Vchicle. City shall provide Employee with either a City - awned, unmarked vehicle which may be used for City business and for commuting to and from work at the City or a .travel allowance of Five Hundred ($500.00) per month, but not both. 3.4.4 Dues. Meetings and Travel. City agrees to budget and pay for professional dues and subscriptions for Employee necessary for her continuation and participation in national, regional, state and local boards, task- forces, conferences and meetings, associations and organizations for the benefit of the City. City agrees to budget and pay for travel and subsistence expenses of City Manager for professional and official travel, board and task -force meetings, and occasions to adequately continue the professional development of City Manager and to pursue necessary official functions for City. 3.5 Notices. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage pre -paid, addressed as follows: CITY: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 ATTN: City Clerk Employee: Cynthia Kurtz [Address on pile: Confidential] Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 25J -11 3.6 General Provisions. 3.6.1 Entire Agreement. The test herein shall constitute the entire agreement between the Patties. 3.6.2 Severability. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement. or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 3.6.3 Bonding. If applicable, the City shall bear the full cost of any fidelity or other bonds required of Employee in the performance of his duties as City Manager. 3.6.4 Modification. Any modification of this Agreement will be effective only if it is in writing and signed by both Parties. 3.6.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that terns, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 3.6,6 Assignment. Neither this Agreement, nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by his without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this provision shall. at the option of the City Council, be null and void and may be considered a material breach of this Agreement. 3.6.7 Law Governing Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Orange County, California. 3.6.8 No Presumption of Drafter. The Parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the Parties. and this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any Party to be the drafter of this Agreement and, therefore. no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement. 3.6.9 Attorneys' Fees. If any action at law or in equity, including an action for declaratory relief', is brought to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover such amount as the court may award as reasonable attorneys' fees and costs. 25J -12 3.6.10 Assistance of Counsel. Each Party to this Agreement warrants to the other Party that it has either had the assistance of counsel in negotiation ror, and preparation of, this Agreement or could have had such assistance and voluntarily declined to obtain such assistance. SIGNATURES ON NE \T PAGE) 25J -13 IN WITNESS WHEREOF, the City of Santa Ana has caused this Employment Agreement to be signed and executed on its behalf by its City Council, and duly attested by its City Clerk, and Employee has signed and executed this Employment Agreement, both in duplicate, effective on the day and year first above written. CITY OF SANTA ANA ATTEST: Miguel P0 Mayor Maria Hutzar �- City Clerk APPROVED AS TO FORM: EMPLOYEE By: X/ So i [t. Canalho City Attorney 25J -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 _ TITLE: _ _ AGREEMENT WITH U.S. SECURITY ASSOCIATES, INC. FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES (STRATEGIC PLAN NO. 6, 1C), RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with U.S. Security Associates, Inc., to perform unarmed security guard services at various City locations, for the three -year period beginning June 1, 2017, and expiring May 31, 2020, with compensation of $1,131,732 annually and an additional $22,800 contingency, for a total agreement amount not to exceed $3,463,596, with provisions for two 1 -year renewal options exercisable by the City Manager and City Attorney, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION In efforts to provide a safe environment to the public and City staff, the City has contracted for security guard services at the Santa Ana Regional Transportation Center, City Hall, Main Library, Newhope Library, City Yard, Police Department, Centennial Park, and the Santa Ana Zoo at Prentice Park. The current contract for security services at these locations was awarded to G4S Secure Solutions on May 2, 2011. That agreement is set to expire on May 31, 2017. On March 4, 2017, City staff released a Request for Proposals (RFP) for unarmed security guard services for the facilities referenced above (Exhibit 1). The addition of services at Birch Park increased the number of City facilities under the contract to a total of nine. The RFP was advertised on March 4, 2017, on the online bid management and publication system the City utilizes to advertise for bids, RFPs, and Requests for Qualifications. A summary of the proposal invitations and proposals received is as follows: 15 Vendors attended mandatory pre - proposal meeting (0 Santa Ana vendors) 7 Proposals received 0 Proposals received from Santa Ana vendors Proposals were received on April 4, 2017, and evaluated by an evaluation committee comprised of representatives from the Police Department, Parks and Recreation, Finance and Management Services, and Public Works Agencies. The evaluation committee conducted interviews with the four highest- scoring proposers. The evaluation results are as follows, based on the total average score: 25K -1 Agreement with U.S. Security Associates for Unarmed Security Guard Services May 16, 2017 Page 2 Firm Location Average Score Annual Proposed rpp G4S Secure Solutions (USA) Inc. Anaheim 85 $ 1,486,628.54 U.S. Security Associates Fullerton 83 $ 1,210,638.00" GSSi, Inc. Wilmington 82 $ 1,413,051.04 Cypress Security LLC Santa Fe Springs 82 $ 1,352,447.88 Due to budgetary constraints PRCSA staff recommended reducing staffing levels at the Main Library decreasing the annual cost to $1,131,732. Following the evaluation process, staff evaluated the level of service needed at the Main Library. Due to budgetary constraints, PRCSA staff adjusted the number of guards at the library. PRCSA staff believes that with the higher level guard and changes in how guards patrol from US Security Associates, the change in staffing will result in equal or greater service. This reduction adjusted the U.S. Security Associates proposed annual fee from $1,210,638 to $1,131,732. In addition, PRCSA will be adding one new security guard at Birch Park to serve the Senior Center. The evaluation committee determined that the proposal submitted by U.S Security Associates was thoroughly responsive to the RFP (Exhibit 2). U.S. Security Associates is highly qualified, reputable, and has proven experience with similar contracts, as demonstrated by its municipal service contracts with the County of San Diego, County of Mohave and City of Tucson. In addition, U.S. Security brings state -of- the -art technology that will provide real -time incident reporting and transparency of operations, including compliance tracking, GPS tracking, and daily tracking to ensure officer accountability. Each guard assigned to the Santa Ana account will have a smart phone allowing them to check in for tour patrols and provide incident reports instantaneously. U.S. Security Associates has demonstrated the organizational credentials, resources, and experience necessary to provide the City of Santa Ana's desired level of service. Based on the information provided in the proposal, interview, and references, staff has determined that U.S. Security Associates will provide the best quality of service at a competitive cost to the City and therefore requests Council execution of the agreement for unarmed security services (Exhibit 3). Staff has added an option for the City Council to consider extending the current agreement with G4S under the same terms of the agreement on a month -to -month basis. This option will provide the City additional time that is needed to properly transition between service providers and develop options on alternative service delivery models that provide operation efficiency and budgetary cost savings. 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 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). 25K -2 Agreement with U May 16, 2017 Page 3 S. Security Associates for Unarmed Security Guard Services ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for this agreement is available in the FY 2016/17 Budget and will be budgeted in future years in the following accounts: Accounting Unit FY 16/17 FY 17/18 FY 18/19 FY 19/20 01111150 62300 Library-Adult Services $ 20,218 $ 245,411 $ 245,411 $ 225,194 01111150 62300 Library-Adult Services $ 2,047 $ 24,566 $ 24,566 $ 22,519 01113220 62300 Zoo- Recreation and Community Services $ 1,025 $ 12,303 $ 12,303 $ 11,278 01113230 62300 Recreation and Community Services $ 1,780 $ 21,362 $ 21,362 $ 19,581 01113230 62300 Recreation and Community Services $ 1,780 $ 21,362 $ 21,362 $ 19,581 01114403 62300 Police Building and Facility $ 4,110 $ 54,317 $ 54,317 $ 50,207 06717650 62300 PWA -SARTC Operations $ 21,678 $ 265,141 $ 265,141 $ 243,463 08510138 62300 City Yard Operations $ 10,503 $ 126,033 $ 126,033 $ 115,531 07310100 62300 Building Maintenance $ 31,170 $ 384,037 $ 384,037 $ 352,867 TOTAL $ 94,311 $1,154,532 $1,154,532 $1,060,221 25K -3 Agreement with U.S. Security Associates for Unarmed Security Guard Services May 16, 2017 Page 4 Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FM:GPL Exhibits: 1. RFP 17 -032 2. U.S. Security Associates Proposal 3. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance anagement Services Agency - - Acting Chief of Police Santa Ana Police Department 25K -4 REQUEST FOR PROPOSALS (RFP) FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES Release: Issue Date: Mandatory Preproposal Meeting: Proposal Due Date: Presentation/Interviews: Projected Award Date: RFP # 17 -032 Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Gabriela P. Lomeli Project Specialist (714) 565 -2692 Office _lomelil<LSanta- ana.ory KEY RFP DATES: Tuesday, March 14, 2017 Thursday, March 23, 2017 — 9:00 a.m. Tuesday, April 4, 2017 — 3:00 p.m. April 19, 2017 May 16, 2017 Exhibit 1 25K -5 Fred Mousavipour Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide unarmed security guard services at various City facilities. Responses to the Request for Proposals (RFP) will be accepted until Tuesday, April 4th at 3:00 PM. If further information is required, contact Gabriela P. Lomeli at glomeli( ,santa- ana.ore. All notifications, updates and addenda will be posted on the City's current RFP Bid page htto://www.santa- ana.org/finance /vendor registration.asa. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess a valid Private Patrol Operator license from the State of California Department of Consumer Affairs, Bureau of Security and Investigative Services. A Santa Ana Business License is required prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Gabriela P. Lomeli Public Works Agency — Yd Floor Reception, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Gabriela P. Lomeli at glomeli n,santa- ana.ore. The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92701, Ross Annex, Third Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa Ana Security Guard Services RFP 17 -032 Page 2 25K -6 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES TABLE OF CONTENTS I. INTRODUCTION 5 II. PERIOD OF CONTRACT 6 III. OPTION OF RENEWAL 6 IV. FISCAL NONFUNDING CLAUSE 6 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 6 VI. SCOPE OF WORKISERVICES 7 VII. GENERAL INFORMATION 7 VIII. COORDINATION 8 IX. PROPOSER RESPONSIBILITIES 8 X. LICENSE REQUIREMENTS 8 XI. PROPOSERS MINIMUM QUALIFICATIONS 8 XII. PERFORMANCE REQUIREMENTS 9 XIII. ACCOUNT MANAGER/SUPPORT STAFF 9 XIV. INITIATION/KICK OFF MEETING 9 XV. CITY BUSINESS LICENSE 10 XVI. ADDENDA 10 XVII. RULES FOR PROPOSALS 10 XVIH. PROTEST 10 XIX. PREPROPOSAL MEETING 10 XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 11 XXI. SUBIVHTTAL INFORMATION AND DEADLINE 11 XXII. SUBNHTTAL REQUIREMENTS 11 XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 13 XXIV. REVIEW EVALUATION RESULTS AND AWARD 15 EXHIBIT A — SCOPE OF SERVICES 16 EXHIBIT B — PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 41 EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS 44 EXHIBIT D — RELEVANT WORK HISTORY 46 EXHIBIT E— PROPOSER'S STATEMENT 48 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 50 City of Santa Ana Unarmed Security Guard Ser`M' P L� f��7 Page 3 EXHIBIT G — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 52 EXHIBIT H — NONCOLLUSION AFFIDAVIT 56 EXHIBIT I — SAMPLE ADDITIONAL INSURED ENDORSEMENT 58 EXHIBIT J — SAMPLE AGREEMENT 59 City of Santa Ana Unarmed Security Guard Se ry8 g- �5K b v Page a � 7 i� e C CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES I. INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) to provide unarmed security guard services at the following locations: The Santa Ana Regional Transportation Center (SARTC) 1000 East Santa Ana Boulevard Santa Ana, CA 92701 City Hall 20 Civic Center Plaza Santa Ana, CA 92701 The Santa Ana Corporate Yard 215 South Center Street Santa Ana, CA 92703 The Santa Ana Zoo at Prentice Park 1801 East Chestnut Avenue Santa Ana, CA 92701 The Santa Ana Library Central Library 26 Civic Center Plaza Santa Ana, CA 92701 Newhope Branch Library 122 North Newhope Street Santa Ana, CA 92703 Centennial Park 3000 West Edinger Avenue Santa Ana, CA 92704 City of Santa Ana Unarmed Security Guard Ser �iSW9 LL ``�� Page 5 Santa Ana Senior Center 424 W. Third St. Santa Ana, CA 92701 Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of three (3) years. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is May 16, 2017, with contract start date as June 1, 2017, and maybe adjusted as necessary. If funding becomes unavailable, City can terminate contract with thirty (30) day notice to vendor. III. OPTION OF RENEWAL The term of this agreement shall have provision for two, one -year renewal options subject to written notice of agreement by both parties, pursuant to approval of the City Manager and City Attorney. Said extension shall be subject to the same terms and conditions as the present agreement. No price increase will be considered during the contract term or renewal options. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available fora new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is City of Santa Ana Unarmed Security Guard Se�v z5jcW1 O K 1 Page 6 subject to be forfeited if the successfitl proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Security Guard Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, riles, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than June 1, 2017. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance. and documentation specificallyxefezzed to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at preproposal conference, negotiations with City, and/or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information City of Santa Ana Unarmed Security Guard Selw pol A Page 7 identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION IX. Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings. The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals, XI. PROPOSER MINIMUM QUALIFICATIONS A. Proposer shall be in the business of providing Security Guard Services for a large municipality or a government agency for at least five (5) years. B. Proposer shall not have failed to complete a municipal contract within the last 3 years. C. Must have trained and certified security guards with at least three (3) years of professional experience. City of Santa Ana Unarmed Security Guard Services RFP 25K -1 2 Page 8 D. Proposer shall possess all permits, licenses, and credentials required to provide security guard services; and E. Shall have the ability to furnish the necessary personnel, equipment, and supplies to provide security guard services. XII. PERFORMANCE REQUIREMENTS The successful Contractor(s) shall clearly demonstrate the ability to: • Provide security guards that possess and exercise strong personal interactive skills when dealing with the public and have exemplary personal appearance; • Accurately track and submit incident reports in a timely manner; • Have technology available for real time reporting; highly desirable • Have adequate staff of trained security guard professionals to meet the demand; and • Demonstrate a strong employee retention plan. XHL ACCOUNT MANAGER/ SUPPORT STAFF A. Contractor shall provide a dedicated competent account manager who shall be responsible for the City accounticontract. The account manager shall receive all orders from the City and shall be the primary contact for all issues regarding Proposer's response to this RFP and any contract which may arise pursuant to this RFP, B. Contractor shall also provide adequate, competent support staff that shall be able to service the City during normal business hours; Monday through Friday. Such representative(s) shall be knowledgeable about the contract, services offered, able to identify, and resolve quickly any issues including but not limited to order and invoicing problems. C. Contractor account manager shall be familiar with City requirements, standards, and work with City staff to ensure that established standards are adhered to. XIV. INITIATIONAUCK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City of Santa Ana Unarmed Security Guard 9 Se2 P� LL Page 9 XV. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XVI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XVII. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit H). XVIH. PROTESTS Proposer with concerns or rebuttal of any staff determination of non - responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. XIX. MANDATORY PRE - PROPOSAL MEETING A mandatory pre - proposal meeting for all sites is scheduled for Thursday. March 23. 2017 at 9am. A brief meeting will take place at the Santa Ana Regional and following this meeting all sites will be visited. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc. and will be followed by a question- and - answer session. All questions must be submitted in written form and City will respond via an Addendum that will be posted at http: / /www.santa- ana.org /finance /vendor registration.asp. City will respond by e- mail to written questions or requests for clarifications. Said e-mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation/field supervisors attend this meeting. City of Santa Ana Unarmed Security Guard S�v FP w Page 1 14 a 10 It is the Proposer's full responsibility to view and inspect the areas to be serviced in accordance with this specification. XX. E -MAIL COMMUNICATIONS AND INTERPRETATIONS / CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at htti): / /www.santa- ana.org/finance /vendor registration asp. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the project manager at lomeli c+santa- ana.org. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XXI. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XXII. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (I) copy of the submittal on a compact disc, USB flash drive or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 25 PAGES (excluding front and back covers, section dividers and required exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 1. Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. City of Santa Ana Unarmed Security Guard Se P 15 Page 11 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub consultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. Include firms experience with tour verification and real time reporting capabilities. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, May 16, 2017. Proposed plan for employee retention: Proposer shall submit a plan describing methods and initiatives designed to promote employee retention and demonstrate adequate levels of staffing, if need be, to replace guards in a timely manner. Training Plan: Proposer must include an outline of Proposer's complete training program. 6. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully_perforni the required services, including provision.of equipment and personnel expenses over a ninety (90) -day period. If said financial statement does not reflect full ninety (90) -day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit B. The proposal deposit must be in the form of a RFP bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order, Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT B — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT C — PROPOSER'S MINIMUM QUALIFICATIONS City of Santa Ana Unarmed Security Guard Services RFP 25K -16 Page 12 D. EXHIBIT D —RELEVANT WORK HISTORY E. EXHIBIT E— PROPOSER'S STATEMENT F. EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR G. EXHIBIT G—RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE H. EXHIBIT H —NONCOLLUSION AFFIDAVIT EXHIBIT I — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. K. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XXIII. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION As a result of this RFP, the City intends to award a contract to the responsible Proposer(s) whose response conforms to the RFP and whose RFP presents the greatest value to the City, all evaluation criteria considered. The combined weight of the evaluation criteria is greater in importance than cost in determining the greatest value to the City. The goal is to award a contract to the Proposer(s) that proposes the City the best quality as determined by the combined weight of the evaluation criteria. The City may award a contract of higher qualitative competence over the lowest priced response. In addition, the City may choose to award a contract to more than one proposer. The basic information that each section should contain is specified below, these specifications should be considered as minimum requirements. Much of the material needed to present a comprehensive proposal can be placed into one of the sections listed. However, other criteria may be added to further support the evaluation process whenever such additional criteria are deemed appropriate in considering the nature of the good and /or services being solicited. City of Santa Ana Unarmed Security Guard S—I kFPOI pa a 13 25rx 9 The evaluation process will be done in two stages which includes an initial evaluation of the written proposal and preliminary scoring to develop a short list of Proposers that will continue to the final stage of an oral presentation, interview and reference checks. The criteria for evaluating the proposals submitted will take the following items into consideration: A. Overall Proposal /Understanding of the Required Services .......... 25% Proposals will be evaluated against the RFP specifications and questions below: I. Has proposer demonstrated a thorough understanding of the purpose and scope of services 2. Has the proposer demonstrated that it understands the deliverables and reports (i.e, daily incident reports, guard tour patrol reports etc.) the City expects it to provide B. Relevant Experience/ References .............. ............................25% Proposals will be evaluated against the RFP specifications and the questions below: 1. Does the proposer have experience on similar size contracts 2. Does the vendor have a minimum of five (5) years' experience dealing with municipalities C. Price Proposal ...................................... ............................20% Price Proposals will be evaluated based on individual site prices submitted in Exhibit B D. Technology ........................................ ............................15% Ability to provide real time incident reporting. E. Training Plan ....................................... ............................10% Did proposer present an acceptable training plan? Retention Plan ................................... .............................5% Does proposer demonstrate ability, and /or, initiatives to retain employees? G. Oral Interview In addition to the written proposal, the top tier proposers may be asked to City of Santa Ana Unarmed Security Guard SeYvK iccej jRFP z5 1 8 Page 14 make an oral presentation to the Evaluation Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details. 2. A description of similar experience the Contractor has in providing the requested services. 3. The proposed staffing, supervision coverage, level of training, fleet, and facility resources identified to provide the requested services. 4. A copy of an invoice sent to a public entity; and 5. Any other area the City finds necessary to address The proposals will be reviewed by an Evaluation Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and sued to rank the proposers. The committee may interview the top tier of proposers on Wednesday, April 19, 2017, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without an interview or further discussions. XXIV. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract.. Interested, offerors may submit a written request with a self - addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency - Administrative Division, 20 Civic Center Plaza M -21, P.O. Box 1988, Santa Ana, CA 92701. City of Santa Ana Unarmed Security Guard S12, FP ��� � 9 Page 15 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES GENERAL SCOPE OF SERVICES 1. General Conditions Contractor shall furnish all necessary labor, supervision, uniforms, and equipment in accordance with the provisions, terms and conditions set forth in this RFP. 2. License and Permits Contractor and assigned personnel shall possess all licenses and permits required b the California Department-of Consumer Affairs,.Bureau of Security and.Staffing requirements for each site are provided in Exhibit B Staffing Schedules. 3, Security Guard Minimum Qualifications City staff will review the qualifications of the guards assigned to the respective sites. The City reserves the right to disapprove Contractor personnel assigned to this contract. The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager. Security guards are required to meet the minimum qualifications listed below prior to their initial assignment. Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor's place of business. Failure to do so may result in the termination of the contract and subsidiary contracts. (a) Education- Guards must possess a high school diploma or G.E.D. equivalent and must have the ability to speak, read, and write the English language, understand and carry out oral and written directions, think and act quickly and City of Santa Ana Unarmed Security Guard Selvicce�s�2 Page ��KK LL a 16 effectively in emergencies, and write accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location) (b) Experience - Guards assigned to work under this Contract must have had prior security guard experience of relevant nature. (c) Knowledge /Skills- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal. Guards must have the ability to construct and write clear and accurate detailed reports. (d) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Consumer Affairs while assigned to the City contract. Temporary guard cards are not acceptable. (e) Drug Testing- All guards shall successfully pass a pre - employment drug screening examination within six (6) months of their assignment. Drug testing will be arranged for the guards by the Contractor at its own expense prior to assignment at any City facility. (f) Background Check- Contractor shall certify that all personnel have successfully passed a criminal background check prior to assignment to any City facility. (g) Training- Guards are required to have received training in First Aid and CPR, with current certification, as well as training in security and emergency procedures, crowd control, and public relations. First Aid and CPR training will be arranged for the guards by the.Contractor at its own expense prior to assignment to any City facility. (h) Physical/Mental Qualifications- Guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Medical examination of guards to assure their physical fitness shall be conducted at the Contractor's expense, prior to the initial request for clearance and annually thereafter, (i) Performance- Substandard performance of any kind will not be allowed, The City reserves the right to refuse or reject any assigned guard, who, in the City's belief, fails to meet the minimum requirements as set forth in this Contract. (j) Driver's License- Guards must possess and carry in their possession while on duty a valid California Driver's License issued by the CA Department of Motor Vehicles. City of Santa Ana Unarmed Security Guard SeARM A Page 17 (k) Probationary Period- New guards assigned to the City contract will be placed on a six month probationary period during which time their skills will be assessed periodically by both Contractor and City staff. To ensure satisfactory completion of the probationary period, City staff, at his /her discretion, may require a written exam and /or oral review. 4. 24 -Hour Communications Capability Contractor shall maintain a 24 -hour communication center, Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers. 5. Uniforms and Equipment Contractor shall provide uniforms to employees who are assigned to work on the contract at no additional expense to those employees or the City. Uniforms shall include winter jackets and rain gear. Uniforms shall bear a patch identifying the Contractor. Uniforms are subject to City approval. Pictures of Contractor uniforms are to accompany Contractors RFP response. G. Supervision Supervision of assigned personnel shall be provided daily, 7 days a week, as assigned. The Supervisor shall be available to meet with City staff when requested. Supervisors shall conduct on -site inspections of assigned personnel at least twice per week. Supervisors shall have prior security experience, know and understand the operational aspect.of the.security.business, bean appropriate role model, and have an ability to teach, guide and direct effectively. Supervisors shall employ measurable performance criteria in their evaluation of employees. It is desirable to have supervisors emerge from within the ranks of those assigned to the contract. This achieves continuity and assures the experienced security guards are at the forefront of protecting the City's employees, clients and assets. City Hall, Main Library and the SARTC each require an on -site supervisor to manage the guards assigned to these locations. 7. Training Contractor shall provide the following training at no additional expense to the City. (a) Training of newly assigned guards: Contractor will be expected to provide up to eight (8) hours of training to newly assigned guards at the City facilities. At SARTC, three (3) Rill days of on -site training is required. (b) Training of substitute guards: Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed. City of Santa Ana Unarmed Security Guard Services RFP 25K-22 Page 18 (c) Refresher training: Refresher training shall e provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties. The refresher training shall address any issue brought to the Contractor's attention by the City staff, who is requesting the refresher training. (d) Health and safety orders: Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal -OSHA (California - Occupational Safety and Health Administration). 8. Registered Personnel Contractor shall keep records that ensure all assigned guards have received their training, registrations and permits as required by State and local authorities. Additionally, Contractor shall ensure that all guards timely renew their training, registrations and permits as required by State and local authorities. The City may inspect such documentation at any time upon request. 9. Post Orders (Duties) and Operating Procedures Prior to staffing an account, Contractor shall provide the following at no addition expense to the City. (a) Meet with Management and /or City staff at each facility and review current security guard post orders (duties) and operating procedures; (b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing; (c) Hold an_orientation/training meeting with assigned personnel, at which time they shall be given a written copy; and; (d) Provide a written copy to Project Manager Contractor shall establish a specific set of post orders and operating procedures for each facility. This post order and operating procedures shall be completed within ten (15) days following the contract start date. Contractor shall not seek additional monies from the City for establishing the post orders and operating procedures. 10. Review of Post Orders, Procedures and Performance Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures. Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written copy. 11. Appearance and Grooming City of Santa Ana Unarmed Security Guard Sept $ $:23 Page 19 Assigned personnel shall arrive at work well groomed, in a professional manner, and in the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessorize their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture. 12. Responding and Reporting In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractor will not place themselves in danger by confronting dangerous individuals. 13. Guard Duties (general) Typical duties of the security guards assigned to the City facilities include, but are not limited to, the following: • Making rounds of inspection to determine that fences, gates, doors and windows are properly closed and /or locked or otherwise properly secured. • Check -in with a Guard Tour -like system to ensure the entire site is monitored frequently and on a regular basis. • Investigating unusual or suspicious conditions or activities. • Preventing trespass on, damage to, or theft of City property. Inspecting parking areas. • Enforcing security regulations. • Interacting in a professional manner with the public. • Assist the public with directions when needed. • Be a visible presence in the gate entrance area. • Responding to building alarms. • Ensuring gates and fences are closed on the weekends when most City facilities are closed. • Notifying appropriate City personnel and local authorities when emergencies occur. • Respond to request by City facility site management. • If need be, occasional assistance with crowd flow. • Report any unsafe or dangerous conditions or circumstances to City facility site manager. 14. Cooperation with Law Enforcement Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and City of Santa Ana Unarmed Security Guard Services RFP 25K -24 Page 20 Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Metrolink Police, Amtrak Police and the Department of Homeland Security. 15. Incident Reports Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management. 16. Additional Personnel Contractor shall provide additional personnel upon twenty-four (24) hours advance notice at the contracted rate. Contractor shall assure the City that Contractor will maintain a reasonable number of trained backup personnel ready to assume assignment upon request by the City. City -Hall location, on occasion, might require additional guard services with shorter lead time. 17. Schedule Changes City reserves the right to make schedule changes upon forty -eight (48) hour advance notice to Contractor. Schedule changes shall not affect the billing rate agreed upon. 18. Double Shifts Contracted security guards shall not work more than twelve (12) hours in any twenty -four (24) hour period. 19. Overtime The City will pay for only that overtime it authorizes. The City will pay Contractor a rate of one and one -half times the normal billing rate for each person assigned to work overtime. Request for additional services shall be billed at the normal base rate. 20. Recognized Holidays Below are the City observed holidays. Security coverage on holidays will vary by facility. See site specific scope located on pages 24 -40. New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day City of Santa Ana Unarmed Security Guard S 16KF 't 5 Page 21 Friday following Thanksgiving Day Last working day before Christmas Day Christmas Day 21. Over -fills Over -fills occur when Contractor supplies too many guards, guards for longer periods than required, or guards of a higher level of pay than agreed upon between the Contractor and the City for a particular site. The City will pay for only those services requested and agreed to. 22. Short -fills Short -fills occur when Contractor supplies unqualified personnel for the site assigned. City reserves the right to refuse Contractor's personnel not in compliance with the contract. Overtime will not be paid to Contractor to compensate for shortage of personnel. 23. Shortfalls Shortfalls occur when the required security services are not supplied at any post or work site. The City will pay for only the actual time worked. If a security guard arrives late for work or leaves early for any reason, those hours will not be paid. The absence of a security guard at a post or work site without replacement constitutes a shortfall for a portion of a shift and a proportional reimbursement shall be given on the invoice. Note; The City may request a "service credit" for any shortfall (See "Set-vice Credit" provision below.) 24, Double Bankine Whenever it becomes necessary to assign or reassign an individual to a post for the first time, Contractor shall arrange, at its own expense, to have the new individual "double bank" with an experienced employee prior to having the inexperienced individual take over any post on his or her own. Contractor shall bear the associated expense for this double banking, 25. Excessive Turnover Excessive turnover of guards will not be tolerated and may be cause for termination of the contract. Turnover of assigned personnel at any City facility shall not exceed one hundred percent (100 %) in 30 to 90 days. Contractor shall provide a list of all personnel assigned at the start of the contract, and shall provide semi - annually, an updated list specifically identifying the personnel that have been added and personnel that have been removed from each site. 26. Performance City of Santa Ana Unarmed Security Guard Selyi FP 1z 5 2 6 Page 22 Poor performance will not be tolerated. The City reserves the right to refuse or reject any person assigned under the contract either with or without cause. 27. Service Credit Contractor guarantees that security guards assigned to the City facilities will report on time, fit for duty, in proper uniform, and properly instructed, oriented, and supervised. Contractor guarantees that service requirements will be identified and will receive proper response. Contractor will communicate regularly (at least once a month) with City facility site management. If at any time Contractor fails to provide any services agreed, Contractor shall issue a "service credit" to the City. A "service credit" for each incident of failure shall be a minimum of one (1) complete security guard work shift or eight (8) times the hourly rate charged by the contractor. Such credit shall be issued in the form of a credit on the next available billing. Service Credit is to be paid in addition to any deduction for hours not worked. City of Santa Ana Unarmed Security Guard Se 2Wf27 Page 23 SITE SPECIFIC SCOPE OF SERVICES SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center ( SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000- square- foot terminal, two surface parking lots with a total of 282 spaces, and one four -story parking structure with 423 spaces. A three -story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meetingiconference rooms on the 4'h and 5'h floors. Tenants include Amtrak, Greyhound Lines, Tres Estrellas de Oro, County of Orange Social Services Program, State of California EDD, the City of Santa Ana Work Center and gift shop. As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within the facility, The lead authority is the Santa Ana Police Department. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale. Rail and Bus Services The SARTC functions as an inter -modal transportation facility along the Orange railroad subdivision, within the Los Angeles San Diego (LOSSAN) corridor. The SARTC serves both Metrolink and Amtrak commuter /passengers seven days per week. Specifically, it serves Metrolink's Orange County and Inland Empire - Orange County commuter rail service lines, and Amtrak's Pacific surfliner trains. Six Local OCTA and OCTA Station Link bus service routes are available at or in the immediate vicinity of the SARTC. In addition, the SARTC also leases space to long distance bus service providers as Greyhound and Tres Estrellas de Oro. Workforce Development Services City of Santa Ana Unarmed Security Guard Services RFP 25K -28 Page 24 The Santa Ana WORK Center is located within the SARTC. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youths. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor for staff and is not open to the public. The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 100 client visits per day. The WORK Center offices on the first and second floors are open from 7:30 AM to 5:00 PM Monday thru Thursday and every other Friday. A security guard under separate contract by the State of California is assigned to the referral center suite during the hours it is open to the public. It is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary. The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day. The third floor suite is open from 7:00 AM to 5:00 PM, Monday thru Friday. I. SCOPE The City's objective is to provide deterrence against crimes of vandalism, theft and bodily injury at the SARTC on a twenty-four (24) hour basis. Management of Facility The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency. Onsite property management services are available during normal business hours Monday through Thursday and every other Friday. The office is closed on weekends and 11 days per year for holidays. This -post requires highly visible security staff with. excellent interpersonal skills and the ability to deal with the public in a courteous manner. This post requires extensive public contact. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking guard must be on site at all times. General post assignments and tasks include, but are not limited to the following: • Observe- and - report only. Guards are not expected to apprehend or physically detain any individual. • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms, all stairways and all approaches onto the property. • Using post management system to check in at designated checkpoints, minimum of 27 points. • Actively patrol entire property. • Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and respond only at the direction of SARTC management or emergency services. City of Santa Ana Unarmed Security Guard Se i�OFlIhel LL Page 25 • Periodically monitors the City's VSS surveillance system. • Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the property. • Provide vehicle and parking control throughout the facility, as needed. • Provide surveillance of trains, buses and passenger movement. • Enforce the facility's unattended baggage policy and follow appropriate procedures. • Lock down or open the facility at designated times. This will include main building, parking structure and pedestrian bridge accesses. • Report to SARTC management any light outages, improperly working doors and /or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism. • Raise and lower flags at dawn and dusk. • Check in and check out all contract personnel and provide access to service areas as necessary. • Provide authorized personnel access to secured sites • Be familiar and able to enforce the SARTC Emergency Action Plan and Evacuation Procedures. • Maintain a log of all lost and unattended items. • Conduct monthly check of fire extinguishers. • In Property Manager's absence will receive and turn over bike locker and photography applications. • Provide tenants access to secured conference rooms. • Ensure conference rooms are secured after use. Shift Coverage: 24/7 security guard coverage In addition, one supervisor to work 6am to 2pm Monday through Friday Holiday Coverage: Regularly scheduled security guard coverage is required. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide services for 24 hour security coverage at this location. A guard must be present at all times and this facility must never be left unattended. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and any other equipment needed in leading and monitoring the security needs of the facility. Each security guard shall be equipped with cellular phone and all other telecommunications or electronic equipment necessary for all security officers while on duty. Desirable to have equipment to allow for real time reporting and tour verifications. City of Santa Ana Unarmed Security Guard Seylr,�g 13FP 9 18k 3 o Page 26 Provide internal transportation equipment, if any, such as scooters, segways, bicycle, vehicles etc. Provide all document and stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink. cartridges for printer, printer paper, all pertinent forms, pens, writing pads, etc. THE CITY WILL NOT PROVIDE SUPPLIES. THE SANTA ANA CORPORATE YARD The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street on the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two - story garage, and a single -story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances, The property houses a variety of the City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above - ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section H below. The regular hours of operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p.m. I. SCOPE The City's objective is to provide the Yard with security guard service to monitor the security of personnel, equipment, buildings, and general property. The security guard will be posted at the guard station located at the Center Street, entrance. The guard station is equipped with a closed - circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance. The security guard shall perform the following: a Utilize an electronic device to conduct tour verification and incident reporting. • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a.m. on weekdays. • Maintains a logbook noting the name -of every individual who enters and leaves the property and notes the time. • Conducts a continuous observation of the Yard to maintain a secure and safe property. If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa Ana Police Department. • Under no circumstance is aggressive action required. • The security guard is required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts. City of Santa Ana Unarmed Security Guard Se21gRFP3 A Page 27 The City reserves the option to increase or decrease the member of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. Shift Coverage: 1 Security Guard 6am to 8pm Monday through Thursday 24 hour coverage effective Friday at 4pm through Monday at 6am Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. H. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR)• City of Santa Ana Unarmed Security Guard Setvj�es j2FE n z5K 3L Page 28 THE SANTA ANA ZOO AT PRENTICE PARK The Santa Ana Zoo at Prentice Park (the "Zoo ") is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701. The Zoo covers 20.5 acres including public parking areas, animal housing, exhibits and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits. Hours of Zoo Operation The Zoo is open to the general public Monday through Sunday (seven days per week) from 10:00 a.m. to 5:00 p.m. The Zoo is closed to the general public only two days each year on December 25 — Christmas Day and January 1 — New Year's Day; however Zoo staff are still on the grounds to feed and care for the animals: Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public. I. SCOPE The City's goal is to have security guard services conduct three (3) security tour patrols nightly, seven (7) days per week around the Zoo property perimeter and through the Zoo grounds. These services are serve as a deterrent against crimes of vandalism and theft and to insure safety to City property and the Zoo's animal collection during the Zoo's closed hours. The tour patrol is to include eight (8) strategically designated locations, utilizing an electronic device to conduct tour verification and incident reporting and is to be performed once between the hours of 7:00 p.m, to 9:00 p.m., 11:00 p.m. to 2:00 a.m. and 3:00 a.m. to.5:00 a.m. Shift Coverage: Three night patrols, seven days a week, between the hours of: 7pm to 9pm (ls` patrol) I 1pm to tam (2nd patrol) 3 a to 5am (3`d patrol) Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor provides one security officer in standard full uniform and a functioning vehicle displaying the security company's name in clear view on the vehicle. The security officer is to carry a cell phone or mobile radio at all times. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting P0. In the event of a security breach, unusual observation or concerns for the safety of the Zoo's animals, the security officer is required to make specific contacts to City personnel and/or the Santa Ana Police Department. Under no circrunstance is aggressive action required. 2. City of Santa Ana Unarmed Security Guard S� F 133 Page 29 Any incident reports that arise of the nightly patrols are to be emailed immediately to the appropriate City personnel. The Zoo reserves the option to increase or decrease the number of nightly vehicle sweeps and the number of days per week requested, with seven days written notification. The Contractor shall provide all management, supervision, and overhead for all contractor's employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. City of Santa Ana Unarmed Security Guard Services RFP 25K -34 Page 30 THE SANTA ANA LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as story times in English and Spanish and special programs for children and families. Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults. Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 4:00 p.m. The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703. The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It offers computer access for adults, children and teens. Bilingual tutoring for children and teens is available in the Library Learning Center. The Newhope Branch Library is open Monday through Thursday from 2:00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on Friday and Sunday. I. SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily injury at the two Library locations. The Contractor shall provide security guard services in and around the Library properties as requested by the City. Contract security personnel shall assist the Library in meeting its security objectives. Duties Include, but are not limited to: Roving patrol of building interior, include — but not limited to the following tasks: 1. Ensure that alarms at all emergency access doors are activated. 2. Ensure that meeting rooms are locked when not in use. 3. Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt library activities (Santa Ana Municipal Code §2- 602.1) 4. Verify that all exterior doors are locked after normal business hours. 5. Hourly inspection of public restrooms. Advise library management of any maintenance or repairs needs. 6. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed. 7. Ensure that all patrons exit the library as closing time approaches Roving patrol of exterior library area, include — but not limited to the following tasks: City of Santa Ana Unarmed Security Guard Services RFP 25K -35 Page 31 1. Ensure all exits are free from obstruction 2. Report unauthorized use of designated Library parking spaces 3. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed. 4. Verify that all dumpsters are locked. 5. Verify and report building exterior lighting deficiencies. • Complete incident and daily operating reports. Provide Library Management copies of reports on a weekly basis • Check the security camera system daily to ensure that it is in good working order. Notify Library Management, if malfunctions occur. • Complete Library electronic reports for incidents in which he /she is directly involved; take pictures, as needed, refer to camera files in documenting and identifying offenders. • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Library and the Civic Center. • Report building maintenance and safety concerns as necessary. • Enforce the Safety and Security and Personal Conduct regulations outlined in the Rules of Conduct. • Mitigate various issues that arise in and around the Library based on Civic Center activity. • Escort employees, as needed, to parking locations. • Required- guard.qualifications: • Able to learn or have experience in the use of the library's security camera system • Security experience in a position involving extensive public contact. • Demonstrated ability to handle and resolve conflicts in an effective manner • Demonstrated judgment in emergency situations • Experience working with people with behavioral /mental health issues and/or criminal background • Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. Main Library Shift Coverage: 3 Security Guards 1 Supervisor loam to 9pm Monday - Thursday loam to 6pm Friday-Saturday 12pm to 4pm Sunday (3 Security Guards, 1 Supervisor) (3 Security Guards, 1 Supervisor) (3 Security guards, 1 Supervisor) Holiday Coverage: No security guard coverage is required. City of Santa Ana Unarmed Security Guard Services RFP 25K -36 Page 32 Newhope Library Shift Coverage: 1 Security Guard 315pm to 715pm Monday through Thursday 10 15a to 515pm Saturday Holiday Coverage: No security guard coverage is required. H. RESPONSIBILITY OF CONTRACTOR The Contractor shall provide all management, supervision, and overhead for all contractor employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). City of Santa Ana Unarmed Security Guard Services RFP 25K-37 Page 33 CENTENNIAL PARK Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skate park, playground picnic areas, restrooms, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property. The campus is not included in the area to be serviced, however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district.) I. SCOPE The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Centennial Park and shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Centennial Park. • Report building maintenance and safety concerns as necessary. • Enforce Park rules as required. • Mitigate various issues that arise in and around Centennial Park. • Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helmets and uniforms, including BDU pants and /or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required. • Observe - and - report only. Guards are not expected to apprehend or physically detain any individual. • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Shift Coverage: 1 Security Guard 12pm to l Opm Saturday and Sunday Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Centennial Park. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). City of Santa Ana Unarmed Security Guard Services RFP 25K -38 Page 34 BIRCH PARK SASC /Birch Park is located at 424 West third St., Santa Ana, CA 92701. The park covers 2.6 acres including a senior center, fitness zone, outside portable restroom, and park area. I. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Birch Park and include the following duties: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Birch Park. • Report building maintenance and safety concerns as necessary. • Enforce Park rules as required. • Mitigate various issues that arise in and around Birch Park. Observe - and - report only. Guards are not expected to apprehend or physically detain any individual. Notify Santa Ana Police Department if police intervention is required. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Shift Coverage: 1 Security Guard 200am to 1:00pm Monday through Friday Holiday Coverage: No security guard coverage is required H. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Birch Park, Provide any safety equipment and specialized uniforms, if required. City of Santa Ana Unarmed Security Guard Services RFP 25K -39 Page 35 CITY HALL, ROSS ANNEX CORRIDOR TO SUPERBLOCK AND O.C. COURTHOUSE LIBRARY PARKING STRUCTURE City Hall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thru Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices, The City Departments housed at City Hall include City Manager's Office, Cleric of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to Cashier, Business License, Dog License, Planning counter, Public Works counter, Building Plan Check, Community Preservation, Housing Administration, Police/Fire Plan Check, Purchasing, Risk Management, Economic Development etc. I. SCOPE City Hall The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex and shall perform the following: • Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Civic Center. • Mitigate various issues that arise in and around City Hall based on Civic Center activity. • As needed, escort staff or visitors to parking locations. • Report building maintenance and - safety concerns as necessary. 1. Four times a day — Inspect public access restrooms to maintain cleanliness and advise building maintenance of needed corrections. 2. Daily- Check and operate City Hall ADA wheelchair lift and document. 3. Daily- Verify and report building interior lighting deficiencies. 4. Daily Evening- Secure dumpsters at loading dock. at the end of the day. 5. Daily Evening- Verify all exterior doors are locked after normal business hours. 6. Daily Evening- Verify and report building exterior lighting deficiencies. 7. Weekly- Check water pressure of all City Hall /Ross Annex drinking fountains. 8. Monthly- Check all City Hall/Ross Annex AED's per Risk Management Guidelines. 9. Monthly- Check Fire Extinguisher and sign tags for inspection per Risk Management Guidelines. 10. As Needed- Adjust walk off mats at entries to City Hall and Ross Annex. 11. As Needed- Advise facilities management of building deficiencies; interior or exterior. 12. As Needed- And as requested by the superintendent perform other duties as needed. Security Guard Officers present at City Council Meetings: City of Santa Ana Unarmed Security Guard Services RFP 25K -40 Page 36 One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building #19) in front of City Hall to provide a safer passage to and from Council Chambers to Building #19. Council Meetings Council Meetings will be held every first and third Tuesdays of the month Officer duty hours: 1730 -2100 hours or may be extended until 2300 hours. Officers will remain on duty until released by appropriate authority. Two security guards will be assigned duties for the Santa Ana Council Meeting. Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot immediately in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity. Ross Annex Corridor to Suoerblock & OC Courthouse Library Parking Structures The Contractor will provide security guard services Monday through Friday. The City reserves the right to adjust the guards' assignment/hours, as needed, to better serve internal and external customers. Below are the duties for this post: • Perform roving patrols of parking stricture interior levels, stairwells, elevators and exterior. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Provide patrons with direction to areas within the Civic Center, as needed. • Mitigate various issues that arise between Superblock and O.C. Courthouse parking structures that serve City Hall/Ross Annex. • As needed, escort staff or visitors to parking locations upon request if available. (More common during dark hours) • Report building exterior safety concerns, as necessary: 1. Daily/Evening- Verify and report parking garage and Civic Center lighting deficiencies. 2. Daily/Evening- Verify and report parking garage elevator deficiencies. 3. Evening- Verify City Hall/Annex exterior doors are locked after normal business hours. 4. As Needed- Maintain that stairwell access to City Hall courtyard is not obstructed for visitor access. 5. As Needed- Advise Parks, Recreation and Community Services Agency management of civic center deficiencies between City Hall and parking structures. City of Santa Ana Unarmed Security Guard Services RFP 25K -41 Page 37 City Hall, Council Meeting, Ross Annex, Superblock and O.C. Court Parking Shift Coverage: 7 Security Guards and 1 Supervisor 6am to 2pm Monday through Friday (3 Security Guards) 8am to 5pm Monday through Friday (1 Security Guard and 1 Supervisor) 2pm to l Opm Monday through Friday (3 Security Guards) 2 Security Guards assigned to work City Council Meetings 530pm to l 1pm Holiday Coverage: No security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard officers to service City Hall Monday through Friday. City Hall is closed every other Friday and security guard services are not needed on those days. In addition, provide two security guards for the duration of the regularly scheduled Council Meetings which occur on the first and third Tuesday of the month. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (1R). City of Santa Ana Unarmed Security Guard Services RFP 25K -42 Page 38 THE SANTA ANA POLICE DEPARTMENT The Santa Ana Police Department is located at 60 Civic Center Plaza, Santa Ana, CA 92701. The property includes an administrative building, Jail facility, three -bay loading dock area, and a two -story parking structure for police and authorized vehicles. The administrative building and jail facility both have public lobbies and restrooms. The restricted area of the facility is walled with three security gates, two of which are used for ingress /egress. The north gate is used as a point of entry by authorized personnel only. The south gate is the main point of entry for all vendors, deliveries, and authorized personnel. Deliveries and vendors are allowed in through this gate during normal business hours. I. SCOPE The City's objective is to enhance security around the perimeter of the Police Headquarters and Jail facility and to control entrance to the facility via the secured south gate. The security guard shall perform the following: • Utilize an electronic device to conduct tour verification and incident reporting. • Monitor and control entrance access to visitors, vendors, deliveries, etc. through the south gate • Issue Visitor and Vendor Parking permits to authorized personnel • Patrol the parking structure and report unauthorized vehicles parked within the facility • Watch for irregular or unusual conditions that may create security concerns or safety hazard • Perform roving patrols of exterior building areas The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. The Santa Ana Police Department will conduct an abbreviated background investigation to supplement the background conducted by Contractor. Shift Coverage: 1 Security Guard lam to 4pm Monday through Friday Holiday Coverage: Security guard coverage will not be required for Thanksgiving Day, Christmas Day and New Year's Day. All other holidays are at Site Manager discretion. II. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the secured south gate entrance to the Police Department. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). City of Santa Ana Unarmed Security Guard Services RFP 25K -43 Page 39 AS- NEEDED SECURITY FOR CITY LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, special meetings, any of approximately 15 local park clubhouses and community centers, City parking structures, a community learning center, or other City location. Coverage must be provided within one hour for the duration of the period outlined. City of Santa Ana Unarmed Security Guard Services RFP 25K -44 Page 40 .n:__ : CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a total monthly cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, equipment and incidental supplies, holidays, etc. Pricing Sheet Per Location LINE DESCRIPTION :. QUANTITY UNIT UN [r WANTITY UNIT PRICE TOTAL ANNUAL PRICR I ' 1 Santa Ana Regional Transportation Center 1 Month 12 $ $ $----------- Hourly Rate- Guard (For additional hours if requested) $----- - - - - -- Hourly Rate- Supervisor (For additional hours if requested) 2 1 City Hall 1 I Month 12 $ $ $----------- Hourly Rate - Guard or additional hours if requested) $----------- Hourly Rate- Su ervisor (For additional hours if requested 3 1 Corporate Yard I 1 I Month 12 $ $ $----------- Hourly Rate- Guard (For additional hours if requested) Rate- Supervisor (For additional hours if City of Santa Ana Unarmed Security Guard Services RFP 25K -45 Page 41 4 1 Zoo at Prentice Park I 1 I Month 12 $ $ $----------- Hourly Rate- Guard (For additional hours if requested) $----------- Hourly Rate- Supervisor (For additional hours if requested) 5 1 Central Library 1 MontlIT 12 is $ $----------- Hourly Rate- Guard (For additional hours if requested) $----------- Hourly Rate- Supervisor (For additional hours if requested) 6 1 Newhope Branch Library Month 12 Is $ $----------- Hourly Rate- Guard (For additional hours if requested) $----------- Hourly Rate- Supervisor (For additional hours if requested) 7 1 Centennial Park 1 1 1 Month 12 $ $ $----------- Hourly Rate- Guard For additional hours if requested $----- - - - - -- Hourly Rate- Supervisor (For additional hours if requested) S 1 Birch Park I 1 I Month 1 12 Is Is $----------- Hourly Rate- Guard (For additional hours if requested) $----------- Hourly Rate- Supervisor (For additional hours if requested) 9 Santa Ana Police De artment 1 1 Month 12 $ IS $----- - - - - -- Hourly Rate- Guard (For additional hours if requested) $----------- Hourly Rate- Supervisor (For additional hours if requested) Total Contract Amount (Add Lines 1 thru 9); $ City of Santa Ana Unarmed Security Guard Services RFP 25K -46 Page 42 LEGAL NAME OF COMPANY NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT PHONE AND FAX TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER NUMBER CONTRACTOR LICENSE THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Unarmed Security Guard Services RFP 25K -47 Page 43 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES PROPOSER'S MIMINUM QUALIFICATIONS PROPOSER Minimum Qualifications (Circle YES or NO) a. Vendor(s) is in the business of providing unarmed security guard Services for a municipality or government agency for at least five (5) years; YES NO b. Vendor has failed to finish a municipal contract term within the last five (5) years; YES NO If answer to question b. above is yes, please provide justification or explanation with the municipal contract representative for verification. C.. Vendor possesses all permits, licenses, and credentials required to perform security guard services; and YES NO d. Vendor has the ability to furnish the necessary personnel, equipment, materials and supplies necessary to provide security guard services. YES NO Firm: Signed: Printed Name: City of Santa Ana Unarmed Security Guard Services RFP Page 44 25K -48 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE City of Santa Ana Unarmed Security Guard Services RFP 25K -49 Page 45 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Contact Individual; Phone Number: Facsimile Number: Year: Description of supplies, equipment, or services provided: Reference Customer Name: Contact Individual: Address: Phone Number: Contract Amount: Facsimile Number; Year: Description of supplies, equipment, or services provided: City of Santa Ana Unarmed Security Guard Services RFP 25K -50 Page 46 Reference Customer Address: Contact Individual: Phone Number: Facsimile Number: Contract Amount: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE CONIPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Uty of Santa Ana Unarmed Security Guard Services RFP 25K -51 Page 47 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES PROPOSE R'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will famish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the Rinds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed, All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Signed: Printed Name: Title: City of Santa Ana Unarmed Security Guard Services RFP Page 48 25K -52 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Unarmed Security Guard Services RFP 25K -53 Page 49 ..119 A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES CERTIFICATION OF NONDISCRINIINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and City of Santa Ana Unarmed Security Guard Services RFP 25K -54 Page 50 such other sanctions may be imposed and remedies invoiced 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. 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 by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Printed Title: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Unarmed Security Guard Services RFP 25K -55 Page 51 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARrNIED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE 1. How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case member, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Has any California State License Board license held by your firm managing employee or responsible managing officer been suspended years? ❑ Yes ❑ No Date Fited or its responsible within the last five 6. At any time in the last five years, has your. firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No City of Santa Ana Unarmed Security Guard Services RFP 25K -56 Page 52 Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented fiom bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case member, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case member, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on yoiu firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for malting any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No City of Santa Ana Unarmed Security Guard Services RFP 25K-57 Page 53 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or "repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case member and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. City of Santa Ana Unarmed Security Guard Services RFP 25K -58 Page 54 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Unarmed Security Guard Services RFP 25K -59 Page 55 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that malting a false certification may subject the certifier to criminal prosecution. State of California, County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana Unarmed Security Guard Services RFP Page 56 25K -60 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Unarmed Security Guard Services RFP 25K -61 Page 57 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES SAMPLE 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: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 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 as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative this endorsement form City of Santa Ana Unarmed Security Guard Services RFP 25K -62 Page 58 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES SAMPLE AGREEMENT CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 201_ by and between a sole ownership entity, (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 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, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 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 B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $ for the term of the Agreement. City of Santa Ana Unarmed Security Guard Services RFP 25K -63 Page 59 b. 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 , unless terminated earlier in accordance with Section 15, below. 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 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. 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 shalt require at[ 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: City of Santa Ana Unarmed Security Guard Services RFP Page 60 25K -64 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. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by 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 California 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: (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 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, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. City of Santa Ana Unarmed Security Guard Services RFP 25K -65 Page 61 f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not 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 defend, 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 negligent operations of the Consultant or its Consultants, 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 City of Santa Ana Unarmed Security Guard Services RFP Page 62 25K -66 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. 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: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax 714- 647 -6956 With courtesy copies to: City of Santa Ana Unarmed Security Guard Services RFP 25K-67 Page 63 Executive Director — City of Santa Ana 20 Civic Center Plaza (M -) P.O, Box 1988 Santa Ana, California 92702 Fax 714- 647- and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P,O. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 To Consultant; 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 regarding the subject matter herein, 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, inducernents, 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, City of Santa Ana Unarmed Security Guard Services RFP Page 64 25K -68 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 maybe terminated by the City upon thirty (3 0) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON - DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. 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, City of Santa Ana Unarmed Security Guard Services RFP 25K-69 Page 65 waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LE Name of Attorney City Attorney CITY OF SANTA ANA City Manager RECOMMENDED FOR APPROVAL: CONSULTANT Name Executive Director— (Agency) (NAME) ('Title) City of Santa Ana Unarmed Security Guard Services RFP Page 66 25K -70 EXHIBIT A SCOPE OF SERVICES City of Santa Ana Unarmed Security Guard Services RFP 25K -71 Page 67 FEE SCHEDULE (OR) RATES AND CHARGES City of Santa Ana Unarmed Security Guard Services RFP Page 68 25K -72 oft Exhibit 2 Proposal to Provide Safety and Security Services Submitted to: City of Santa Ana Submitted by: Amy Figueroa -Bearn Business Development Manager 1400 N. Harbor Blvd, 7th Floor, Fullerton, CA 92835 657- 217 -1506, afigueroa @ussecurityassociates.com April 4, 2017 STATEMENT OF CONFIDENTIALITY The enclosed proposal is submitted for review to the addressed recipient and the recipient's designated review board in connection with a request for proposal for security services. Unless otherwise stated, enclosed information and attachments submitted are confidential and considered trade secret. This information is not to be shared or disseminated to parties other than the intended audience. �gY;iR /n� v pttY Fq�ty �rinrY� _ • '. s f ®K Y�5 U.S. Security Associates, Inc. • www.ussecurityassociates.com • 866.735.9418 • info @ussecurityassociates.com 25K -73 Ms. Gabriela Lomeli, Project Specialist Santa Ana Public Works Agency 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Ms. Lomeli, Thank you for the opportunity to provide our proposal for the City of Santa Ana. Our mission is to consistently deliver the highest quality, most reliable, cost - effective and friendly safety and security services program. We will achieve this by fully leveraging the best talent, proprietary practices, and exclusive technology to achieve full transparency and compliance, while meeting program goals and reducing your overall business risk. The security industry is undergoing significant consolidation. Yet, over the past three years, less than 10% of our growth has come from acquisitions, while 90% has been driven by organic growth of existing and new clients served. Simply stated, our focus continues to be on getting better, rather than bigger, and investing our management and branch attention (and capital) into client service enhancements and leading edge systems capabilities. U.S. Security Associates (USA) welcomes the opportunity to present to you the many key factors that distinguish us as a leader in the marketplace. This starts with our unique value proposition, which can be summarized as follows: "OfficerForcesM x DataForcesM = Better Outcomes" The core of our mission is to protect your people, assets and brands and to do so in the most Safe. Secure. Friendly." manner. By combining the best trained, most motivated and highly recognized Security Officers in the industry, with the most robust data - driven intelligence, we can achieve the best outcomes (as defined by City of Santa Ana). USA brings deep industry knowledge working with municipalities along with clear accountability and a client- centric approach to provide you with the fullest range of services. With more than two decades of success providing security services to major city facilities across the country, and working with local law enforcement to keep the city's residents, employees, and assets safe, USA is your most capable single source solutions provider. Our company's top priority starts with safety, and we are committed to facilitating the best and most comprehensive safety and security program for the City of Santa Ana. With proven best practices and advanced technology, we seek to better understand the underlying patterns that create risk. Using our proprietary P3 Technology PlatformsM and leveraging extensive data sources, we can analyze and optimize in real -time the performance of your security program. To achieve the best customer service experience and outcomes, we commit to provide the City of Santa Ana with the most extensive and on -going Officer training, development and recognition. Our industry exclusive SecuritySTARSsM initiative is designed to challenge and champion our Officers in order to provide the skills required to meet and exceed your goals. We are committed to raising the bar for your security program by anticipating your needs while consistently providing: • The proper staffing, training and supervisory Friendly, dedicated and customer service oversight oriented Officer force Insights into any evolving security threats Data - driven intelligence through the most • Site - specific security customization as risks change advanced, proprietary technology USA understands that this is a very critical decision. We see a tremendous opportunity for us both to establish a deep partnership focused on achieving the best outcomes for City of Santa Ana. Working together, and with a clear sense of what is required and possible, we can confidently say we are best positioned and aligned organizationally from top to bottom, to meet and exceed your expectations. We welcome any questions and look forward to discussing the merits of our proposal with you. This proposal is valid for 45 days and our bid is contingent upon our ability to negotiate the terms and conditions of the contract with the City of Santa Ana. Thank you for considering USA. Sincerely, John Muldoon Western Region President 25K -74 Table of Contents ExecutiveSummary ....................................................................... ..............................2 OurLeadership Team ........................................................................................... ..............................2 OurAssociates ......................................................................................................... ..............................2 OurTechnology Solutions .................................................................................. ..............................3 OurClient- Centric Culture .................................................................................. ..............................3 About U.S. Security Associates ..................................................... ..............................4 ValueProposition .......................................................................... ..............................5 OfficerForce.. ................................................................................ ..............................6 SourcingTalent ....................................................................................................... ..............................6 SelectingTalent ...................................................................................................... ..............................7 ScreeningTalent ..................................................................................................... ..............................8 OnboardingTalent ................................................................................................ ..............................8 Trainingand Development ................................................................................. ..............................9 DataForcesm ................................................................................... .............................13 TheFour Pillars of P3sm ....................................................................................... .............................13 P3Portalsm ............................................................................................................... .............................14 P3Mobilesm ............................................................................................................. .............................15 Performance Management .......................................................... .............................18 RelationshipManagement ................................................................................ .............................18 Organization and Management .................................................. .............................19 YourManagement Team .................................................................................... .............................19 OrganizationChart ............................................................................................... .............................20 Transition..................................................................................... ............................... 20 Personnel and Operating Elements ................................................................ .............................20 TransitionSupport ................................................................................................ .............................21 TransitionTimeline ............................................................................................... .............................21 Pricing............................................................................................ .............................23 TheUSA Value ........................................................................................................ .............................23 SecurityPartnership ............................................................................................. .............................24 Holidaysand Overtime ....................................................................................... .............................24 Billing......................................................................................................................... .............................24 Benefits..................................................................................................................... .............................24 MedicalInsurance ................................................................................................. .............................25 AdditionalBenefits ............................................................................................... .............................25 U.S. Security Associates, Inc. 1 * 1 Confidential Safety and Security Services Proposal 25K -75 - Executive Summary U.S. Security Associates (USA) is the leading wholly -owned American full- service safety and security solutions provider. With over 160 locally- responsive offices and over 50,000 dedicated professionals, we offer the most complete array of physical security, remote surveillance and consulting and investigative services. Our best -in- class talent management practices and enabling technologies have received numerous independent industry and association awards for recognition of our outstanding results. At the core of our company's culture is a passion to understand and anticipate the client's needs and to always deliver on our commitments. Additionally, we strive to continuously improve on the quality of our service by consistently providing the best outcomes and at the greatest economic value. We seek to deliver our services in a premier and differentiated manner in which to mitigate risk and to create the most Safe. Secure. Friendly.® environment for our clients. Our Leadership Team USA's leadership team has the stability, and depth of experience, to assure you that every possible safety or security requirement will be properly managed to your full satisfaction. By partnering with USA, the City of Santa Ana will continually benefit from the intricate understanding and diverse industry expertise of our security professionals. The majority of our leadership team consists of industry experts, many retired from extensive tenures within highly respected and revered law enforcement organizations, including local and state police, all branches of the military, and federal agencies such as the Secret Service, CIA, FBI, and DEA. Thus, whenever needed, we are able to bring you security and risk management professionals who specialize in identification and mitigation of today's most pressing threats. This experience and knowledge is a tremendous asset you will receive as part of our exclusive value proposition. Our Associates USA's team of more than 50,000 Associates is overseen by Harold Underdown, a retired career Navy SEAL Master Chief. As Senior Vice President of Security Force Development, directly reporting to the CEO, Harold has oversight for our industry- exclusive initiative SecuritySTARSsm, championing and challenging our Security Officers to achieve the best outcomes. Harold's responsibilities include recruiting, training, and recognition. His skills and experience developing and leading individuals to their highest caliber of competency and discipline enables USA to bring to City of Santa Ana a level of safety and security which is unparalleled. We follow the most stringent procedures to screen every one of our Security Officers to 100% compliance. By carefully selecting, developing and inspiring the best quality Officers, USA is able to reduce the potential risks or lost productivity associated with improper selection and excess turnover. In addition, USA makes a very significant and ongoing investment in training our Associates to ensure they are the best prepared, most capable, and professional security force in the industry. These talent management drivers, in combination with strategically providing continuous recognition, competitive benefits, and career advancement opportunities, further distinguish our service advantages while leading to a more committed and engaged team with greater employment longevity. We have the depth and breadth of skills, along with industry leading and proven best practices, that best enable us to protect your people, assets, and brands. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -76 Our Technology Solutions USA is taking security intelligence to a new level with our exclusive proprietary P3 Technology Platforms"'. While the industry has evolved to its current "detect and respond" mode of protection, we have moved to the next generation — Prepare. Predict. Prevent sm This fundamental shift from age - old descriptive trending to data - driven predictive risk mitigation is market leading within our industry. The power of our P3 Technology Platforms"' comes from hundreds of data sources that are fed into a proprietary attribute model. Then, utilizing the most sophisticated data science algorithms, P3sm works to identify patterns most associated with incidents. The technology is then able to recommend and prescribe the best course of action to eliminate or reduce risks. The bottom line— more data driving deeper insights and actions leading to better outcomes for City of Santa Ana. Combining the power of our P3 Technology Platforms"' with our highly skilled Security Officers creates a connected OffcerForce5m network to reduce risk and provide better outcomes. The P3 Technology Platforms"' also enables us to provide site - specific recommendations to optimize the deployment of resources, tour routes and frequency, and general safety prevention actions. Furthermore, City of Santa Ana will have the additional real -time capability to benchmark, track compliance results, and evaluate Key Performance Indicators (KPIs) from a web -based portal customized to your requirements. Our Client - Centric Culture USA also distinguishes itself through our management team's immediate accessibility to clients, as we run a very flat organizational structure to ensure expedited response times to your needs. Our site management structure provides a clear path of communication with the key individuals involved with your account, enabling instant access to branch and regional offices and corporate headquarters to facilitate rapid response and resolution of any safety, security, or customer service needs that may arise. Our client- centric service culture fully supports and empowers the account management teams to make the decisions and commitments necessary to assure your security objectives are achieved. We are proud of our industry- leading client satisfaction and retention rates and know these ratings have to be earned again and again, every single day. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -77 About U.S. Security Associates Vision Our vision is for USA to be the leader in client satisfaction by providing the most innovative safety and security solutions and being the employer of choice within the communities we serve. Mission Keeping people, property, and information SAFE, with best practices that optimize operational efficiency and cost effectiveness, while successfully protecting our clients' brands and reputations. Delivering on every commitment made to our clients, fellow employees and the communities where we work in order to systematically reduce risk and provide a SECURE environment. Maintaining a FRIENDLY approach to all we do, with mutual respect for every person, so that all of our security and safety personnel are approachable, competent, and helpful. Brief History Founded in 1993 by Charles R. Schneider, a former Naval Officer, USA was originally to Present known as Advance Security Engineering, a company with a rich history dating back to 1955. Through a combination of organic growth, geographic and resource expansion, the company's financial strength and market share increases substantially year after year. Now led by President and CEO Richard L. Wyckoff, USA has enjoyed accelerated organic growth, with approximately $1.4 billion in 2015 revenue, 5,300 clients, over 50,000 Associates, more than 160 offices, and experience in over 100 countries. Safety We prioritize safety as #1 in every realm of our security protocol, from our expansive Officer training course catalog of protective and preventative safety measures, to contingency plans and regular compliance checks. With strict adherence to safety best practices, we optimize operational efficiency and cost effectiveness. Social USA always strives to do what is best and what is right by actively volunteering with, Responsibility donating to, and supporting social services organizations in the communities we serve. Our entire team embodies our company's commitment to social responsibility, taking pride in making a positive impact through our many safe, secure, and friendly outreach initiatives. Licenses We are fully licensed to work in all 50 of the United States and have vetted partners who are able to work in over 100 countries around the world, including Canada, Mexico, and countries throughout Central America, South America, Europe, Asia, and Africa. U.S. Security Associates, Inc. 1 * y Confldential Safety and Security Services Proposal 7c 7f 25K -78 USA is the market - leading full service safety and <� =• security solutions company dedicated to protecting the people, assets, and brands of the City of Santa s Ana. By providing best -in -class security solutions through our proprietary talent development and innovative technology, we have earned our reputation to deliver better outcomes tailored to Better Outcomes the city's objectives. Vision Our vision is for USA to be the leader in client satisfaction by providing the most innovative safety and security solutions and being the employer of choice within the communities we serve. Mission Keeping people, property, and information SAFE, with best practices that optimize operational efficiency and cost effectiveness, while successfully protecting our clients' brands and reputations. Delivering on every commitment made to our clients, fellow employees and the communities where we work in order to systematically reduce risk and provide a SECURE environment. Maintaining a FRIENDLY approach to all we do, with mutual respect for every person, so that all of our security and safety personnel are approachable, competent, and helpful. Brief History Founded in 1993 by Charles R. Schneider, a former Naval Officer, USA was originally to Present known as Advance Security Engineering, a company with a rich history dating back to 1955. Through a combination of organic growth, geographic and resource expansion, the company's financial strength and market share increases substantially year after year. Now led by President and CEO Richard L. Wyckoff, USA has enjoyed accelerated organic growth, with approximately $1.4 billion in 2015 revenue, 5,300 clients, over 50,000 Associates, more than 160 offices, and experience in over 100 countries. Safety We prioritize safety as #1 in every realm of our security protocol, from our expansive Officer training course catalog of protective and preventative safety measures, to contingency plans and regular compliance checks. With strict adherence to safety best practices, we optimize operational efficiency and cost effectiveness. Social USA always strives to do what is best and what is right by actively volunteering with, Responsibility donating to, and supporting social services organizations in the communities we serve. Our entire team embodies our company's commitment to social responsibility, taking pride in making a positive impact through our many safe, secure, and friendly outreach initiatives. Licenses We are fully licensed to work in all 50 of the United States and have vetted partners who are able to work in over 100 countries around the world, including Canada, Mexico, and countries throughout Central America, South America, Europe, Asia, and Africa. U.S. Security Associates, Inc. 1 * y Confldential Safety and Security Services Proposal 7c 7f 25K -78 Value Proposition Our unique value proposition is determined to provide clear vision, clear strategy, and clear expectations, which can be summarized as follows: OFFICER P �■ , DATA FORCE X FORCE,,. = Better Outcomes The first and most important priority in delivering great service is an expertly selected, screened, trained, motivated, and engaged OfficerForces^^ Our Security Officers are professionals who represent both USA and City of Santa Ana. We multiply the impact of our OfficerForces"' by our DataForces' to form a fully integrated and data - driven security solution. USA offers the next generation of security intelligence technology to provide the most real -time, situational ly-aware and compliant platform protecting your people, assets, and brand. Our program for the City of Santa Ana is designed to completely meet and exceed your GSA specific SOW requirements. While operating efficiency and effectiveness are both critical, we also offer thought leadership insights and exclusive proprietary innovations to continuously maximize city's cost to value. Our proposal will enable City of Santa Ana to achieve better outcomes, including: • Highest levels of service to exceed performance standards • Reduced risks by delivering mandatory Active Shooter training as part of our core pre- assignment training for all Security Officers and Associates • Reduced liability with the most extensive threat management and risk mitigation plans • Improved cost effectiveness, continuous improvement, and best practices • Enhanced quality and compliance transparency • Superior customer service experience and brand ambassadorship • Seamless ability to support current and emerging systems on an independent network We believe that our Officers are our company's most important resource. To provide you with the best quality of services at the best value, our value proposition begins with our OfficerForces". This is our dedication to providing the best leadership, best -in -class processes, and competencies in our industry. As an organization, we seek to grow by embracing innovative insights, service offerings, and technologies in order to create the maximum value for our clients. Utilizing vast amounts of data and data science, we provide a DataForces" of real -time, transparent, and pro- active recommendations and solutions which optimize resource deployment and reduce risk. Multiplying the value of our OfficerForces' by the value of our DataForces"' equates to our market leading ability to create better outcomes. U.S. Security Associates, Inc. 1 1 Confidential Safety and Security Services Proposal 25K -79 OfficerForcell A highly skilled and dedicated team of Security Officers leads to better job performance. To ensure we provide the best service to our clients, we place our top organizational priority on our A connected, intelligent officerForce5m empowered to prevent incidents is part of the USA Value. Security Officer force. Security Officers. We are completely committed to their ongoing training, development, and recognition. As a result, we consistently achieve Security Officer turnover rates that are far below the industry average. We credit our successful Officer retention to our emphasis on the following: — Senior executive champion for OfficerForcesm — Client specific recruitment — Rigorous screening and selection — Continuous training, development, and recognition — Market - competitive compensation and benefits Through these proven strategies, we are able to provide City of Santa Ana with the most cost - effective, best prepared, most capable, most motivated and engaged We select our Associates with great care because they are our brand. Through best -in -class vetting and hiring processes tailored to the city's needs, we select, screen, and hire the most qualified Security Officers with the requisite skills and aptitude to be the best professionals in the industry. We additionally seek brand ambassadors for a world -class customer service culture, where integrity and sincerity are essential. Further, we believe appearance and attitude matter. Our selection process has been recognized by the Brandon Hall Group Excellence Awards with a Bronze Award for Best Talent Acquisition Process. Our highly skilled and engaged Security Officers create better outcomes. These Human Resources policies and hiring processes allow us to consistently hire and onboard superior Security Officers for City of Santa Ana. Our policies include: • Developing an understanding of your key hiring specifications and culture • Vetting and rigorous screening of all candidates to these pre - posted specifications • Providing only Officers that match your requirements and your culture • Ensuring all candidates have the aptitude and attitude to develop and to serve Sourcing Talent Immediately upon award of your business, key members of our local branch office service teams will visit the city's sites to observe security posts, routes, and the general environment. In addition, we will implement an extensive communications plan focused on making incumbent Officers feel welcomed into the USA family and ensure a smooth transition. Meetings will be conducted with clients at each location to solicit feedback on the current OfficerForcesm, and formal interviews will be conducted to interview properly and to screen all qualified personnel. Our goal is to minimize disruption to the daily operations and keep the need for external recruiting to a minimum by pro - actively retaining high caliber existing team members. U.S. Security Associates, Inc., Confidential Safety and Security Services Proposal 25K -80 With position descriptions and recruiting plans developed, we will be in a strong position to target the most promising candidates for each position on the team. Key considerations include geographic location, specific skill requirements, and the complexity of the duties required for thejob. We profile individual skill sets and personality traits to match people to positions where they are most likely to succeed and make a positive impact. We prioritize the recruiting sources for each client based on a combination of factors. These include your preferences, the nature of the work, the location, and the recruitment channels that historically have generated the best results in the area. In addition, we utilize branch resources supplemented by regional recruiters to ensure we have ample resources dedicated to filling open posts. Incumbent Personnel With your approval, we start our talent search with your incumbent team. Retaining the site knowledge and experience of incumbent Officers is a top priority. Transitioning Officers must meet the same hiring and background screening requirements as our new recruits, but we extend as much consideration, support, and encouragement as possible to facilitate positive outcomes. Internal Transfers Our local management team will select highly qualified internal candidates for promotional openings that are not filled by incumbent Officers. We are committed to carefully hand - selecting Officers from other sites that fit the client's culture and quality standards. We will leverage our internally developed talent, accessing from SecuritySTARSsm certified Officers to bring high - quality internal talent to the City of Santa Ana. By fully leveraging our internal talent, we consistently bring the best, most experienced "USA Way' skills to the client. Selecting Talent USA is an equal opportunity employer. We do not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, medical condition, disability, veteran status, marital status, or sexual orientation. This policy applies to all areas of employment, including recruitment, hiring, training, promotion, compensation, and benefits. If there are any unique site or position requirements, these are shared with prospective Associates as well. Candidates who confirm that they meet the basic requirements are asked to provide identifying information, including race and sex, for entry into USA's Applicant Tracking System per the requirements of the Department of Labor, Office of Federal Contract Compliance Programs. Qualified candidates are interviewed as soon as possible following confirmation of pre - requirements, with interviews occurring on the spot in some cases. If the branch employee conducting interviews is available, the candidate is interviewed right away. The interviewer evaluates the applicant's communication skills, appearance, and personal history and determines whether the applicant is a viable candidate for the position. Candidates who meet the pre - qualifying standards are subject to rigorous selection procedures. U.S. Security Associates, Inc. 1 1 Confidential Safety and Security Services Proposal A 7[ 25K -81 Screening Talent Past Positive® At the core of USA's employment policy is our Past - Positive® Applicant Background Verification System, a key component of our Quality Assurance System. Past - Positive® meets all regulatory hiring and licensing requirements while rejecting unqualified applicants before they can be hired. The system verifies previous educational background, work history, employment references, criminal records, Social Security number, and driver's license validity and ensures that applicable state licensing requirements are met. It also validates that all screening checks have been completed, and confirms that the results exceed a defined standard. Background Investigation Our background investigation of each Associate includes the following, at a minimum: • Verification of United States citizenship or authorization to work • Criminal record check • Drug screening program • Contract compliance requirements Criminal Record Check All Associates are subject to a seven -year criminal record check performed in all counties of residence, including a Social Security number trace, Social Security number validation, terrorist check, sex offender check, and federal and national database searches. Drug Screening Program USA supports a drug -free environment, and we do not tolerate the use and abuse of alcohol or illegal narcotics. Our Drug - Free policy is clearly stated and rigorously enforced. Our drug screening program covers pre - employment drug testing and drug testing for cause after an incident. The following types of substances are screened: Alcohol, Cocaine, Amphetamines (speed and other illegal stimulants), Phencyclidine (PCP), Morphine (codeine, morphine, heroin and other opiate derivatives), Tetrahydrocannabinol (THC) (marijuana and other hallucinogens). Contract Compliance Requirements Our minimum qualifications and requirements can be modified through our Contract Compliance program to match the City of Santa Ana's needs as risks and threat conditions mandate. For instance, we could provide drug tests and /or criminal record checks annually, use a broader -panel drug test, investigate criminal history for a period longer than seven years, etc. Onboarding Talent New candidates will be thoroughly vetted in accordance with our thorough recruiting and screening processes. All candidates are vetted with City of Santa Ana screening expectations and specifications in mind. Meet and greets will also be granted with city stakeholders, to ensure there is a good fit and familiarity with the site requirements. Transitioning incumbent Officers must pass our standard background screening processes before assuming their current duties for the client. New information and procedures are detailed in a town hall forum for larger sites, and branch open houses for smaller sites where transitioning incumbent Officers can be officially welcomed into the USA family. They are provided a package of information outlining our company values, mission, and important policies. In order to avoid potential training gaps, all personnel assigned to the client's account will be trained to the same level — including incumbents. From Security Officer Basic Training to Active Shooterand specialized armed training every Associate will be required to fulfill the same training requirements priorto and during assignment as a new Associate would be required to complete. U.S. Security Associates, Inc., ,* Confidential Safety and Security Services Proposal 25K -82 -- Training and Development As the dynamics of the security industry change, the need for highly educated security personnel equipped with the best training is increasing. USA provides that through SecuritySTARSs"'. S6clhtySTARS sm SecuritySTARSs" is the cornerstone of USA's mission to provide our clients with the most Safe. Secure. Friendly.® environments. An industry exclusive strategic initiative focusing on continuing education, skill development, and career advancement, SecuritySTARSs"' ensures that our Officers are the best prepared in the industry and have the knowledge and the required skills to consistently deliver superior job performance, while at the same time increasing Officer engagement and retention. We believe that our ongoing continuous learning investment in our Officers is also an investment in the City of Santa Ana. SecuritySTARSs" further ensures we will provide you with the best trained Security Officers who demonstrate skills in professional, friendly, and safe environments. SecuritySTARSs"^ also acts as a development tool which enables our Security Officers to build a reputation of excellence for themselves and to grow their careers. By focusing our attention on the careers of our Security Officers and giving them goals to achieve, SecuritySTARSs"' leads to reduced turnover and better officer retention, excellent customer service, and the highest levels of professionalism. SecuritySTARSs' provides you with the peace of mind of knowing continuously improving Security Officers are always on the job. The effort and impact Security Officers put toward their security training and sharpening their skills is recognized by the STARS we pin on their uniforms. Security Officers are awarded one to five STARS dependent upon their level of completion along their SecuritySTARS5m development path. Each level requires a combination of core training, client- specific training, demonstrated proficiency, and tenure. Our industry exclusive training, development, and recognition initiative enables our Security Officers to rapidly deploy new skills to meet new threats. There are five ascending levels of achievement with STARS awarded upon successful completion of training components, along with tenure and Supervisor recommendation. Pins denoting Officer level completion provide clients, Associates, and visitors alike the ability to immediately recognize Security Officers' professional achievements. U.S. Security Associates, Inc. 1 1 Confidential Safety and Security Services Proposal )c 7[ 25K -83 A Star. Achieved after 2A months. Officers complete voluntary training and excel at job. Candidotefor SUpervisarlob. 2 Star. Achieved after 9 months. Officers must complete additional training and excel at jab responsibilities. Security Officers can achieve up to five levels of STARS along their development paths. At each level, we provide industry exclusive courses through our USA Security Academy that continuously reinforces our core values Safe. Secure. Friendly.® Additionally, we will work with the client to develop any unique and customized curriculum of courses for each level of SecurhtySTARSsM based around the specific requirements of each client site. Additionally, SecuritySTARS'm is a comprehensive ongoing progressive training, development and recognition initiative that continually evaluates the mastery of training content and application of the skills and knowledge to the job. Through structured courses and structured coaching, USA views training as a continuous and integral part of our Associates' job responsibilities. An example of the "core" mandatory program is summarized below. LEVEL GENERAL SAFE SECURE FRIENDLY J Whatisa J Workplace Safety. !Active sheens JShapcar.- First 90 SearirySTAk °7 Vdeo Slips, Trips and Falls !Key Hardy swis Days JSecwitY Olfcer Basic Training (SCBTI JStatemeMatad Tranmg JGienl- mandated Troimg (Level t) JCfent- mandated Trainig JCanplet1onof2Urvis. J Carnpletion of 2 units. J Corrmletim of 2 units. (Level 2) Examples might hcludo: Examples might includes Examples might include: 9 Months Perscrel Sefury. Rupert Wntirg, Wunng Diversity, Emergency Situational Avon.., Giving Information preparedness Handling Incident and Dimctiona, or CPRIF,rst AkUAED Scenes Handing Complaints Certification' aEmegency aWal¢Jace Effcs Canmunicatbns 18 Months JCIient-mandatee Training JCanpletel J Complete 3 Jcomplete (Leval 3) Addd[cral Unit Add .1 Units Addaiond Units 24 Months J Super—Y Trararg !Complete !Complete !Complete /Memo'Assignment Remaining Units Remaining this Ranainkg units !Site- speafc Prcied J prefle.rt In Incident J Casa prevention lnstlde Wragemenl System (CPQCemfi tian" MS) 36 Months J Branch Star Panel Review J Exceptional Pedomarcu in Lead Rule SecW*htySTARSV Securit,6TARSs" Roadmap to Professional Develnnmant U.S. Security Associates, Inc. * * * y Confidential Safety and Security Services Proposal )i 25K -84 - Award - Winning Training Our training content consistently evolves to meet new threats facing our clients. For example, recognizing the increased threat of workplace violence, we developed and rolled out a mandatory Active Shooter training module. Since then, 100% of our security force has completed the program. M USA is the only security company to receive BEST recognition from ATD. As the only company within the security industry to be the recipient of the renowned ATD BEST Award, USA provides proven talent development programs which will create maximum value for the City of Santa Ana. According to ATD's philosophy, this award recognizes employee talent development that directly correlates to demonstrated enterprise -wide success. USA has received this award three times in recognition of our training and development methodologies, practices, and proprietary training delivery innovation. USA has also received other distinguishing honors for our training and development. Notably, USA has been named among Training magazine's Top 125 training companies eve rvyear since 2007. Training magazine awards "organizations with the most successful learning and development programs in the world." Additionally, we have been ranked among Chief Learning Officer magazine's Gold Learning Elite. These awards and recognition confirm for the City of Santa Ana that you will receive superior trained Security Officers. USA Security Academy The USA Security Academy trains all of our Associates every year via a live training platform from our state -of- the -art training studio. USA conducts daily Security Officer Basic Training (SOBT) sessions to support our client's needs for a highly - qualified Officer Force. Professional USA Security Academy trainers use two -way video and voice collaboration over the Internet to deliver training of every type, including SOBT, custom - developed contract- specific content, supervisory training, and administrative and management programs. USA Security Academy leverages technology to deliver centralized, consistent, comprehensive training through live, interactive training programs. There are a variety of eLearning platforms available through USA Security Academy: • Virtual Classroom Training J4sit r.ss0, Our in -house USA Security Academy customizes training for clients. • Web -Based Training (LMS — Learning Management System) - Our LMS is at the forefront of technology in learning content delivery and will allow us to quickly deploy our training across all of our branches and client locations, including our international footprints. • Other Delivery Methods - Where necessary, we also offer thumb drives with printable tests and answer keys for hand grading for use in very remote areas where no technology is available. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -85 -- Pre - Assignment Training Successful completion of pre- assignment training is a condition of employment. In addition, all Associates are required to complete training in Active Shooter and enroll in SecuritySTARSsm. This foundation of training and development assures that all new Associates are on the same page, and that there is a clear understanding of our "USA Way' of delivering better outcomes. USA requires a minimum of eight hours of pre- assignment training, delivered live through USA Security Academy Security Officer Basic Training (SOBT) in most states. Our mandatory SOBT instills a fundamental working knowledge of the Officer's responsibilities, reduces on -site errors and improves productivity. All Officer candidates must pass testing on all 12 units of the SOBT training to be eligible for employment. Candidates who fail SOBT testing on any module cannot be hired. U.S. Security Associates, Inc. y, Confidential Safety and Security Services Proposal 7� 25K -86 . Security Officer B asic Training .: Module 1 Define common vocabulary and develop a basic understanding of industry practices; identify Introduction to Security qualities of a "sharp" Officer and common duties of USA Officers. Module 2 Focus on standard security and USA policies and procedures, including problem resolution, Policies and Procedures absenteeism and tardiness, call -offs, injury avoidance, and proper behavior. Module 3 Define and recognize sexual harassment based on the two legally recognized categories and Sexual Harassment the three types of harassment; learn reporting procedures for harassment incidents. Module 4 Identify main causes of accidents and injuries in the workplace, provide practical techniques Workplace Safety for preventing accidents and injuries, and emphasize importance ofcreating culture ofsafety. Module 5 Understand basic principles of professionalism, including importance of policies and Professional Conduct & procedures; establish Code of Ethics and maintain the importance of ethical behavior. Professionalism Module 6 Explain authority and standards of arrests for USA Officers; determine use -of -force Legal Authority and Liability guidelines; define and explain types of liability. Aspects Reports are the main source of communication between the Security Officer, the company and client management; therefore it is very important that all reports are effective, clear, Module 7 concise, professional and well written in terms of the "Who, What, When, Where, Why and Report Writing How" elements. This unit provides the Associate with the necessary tools to write effective reports via proper field note taking etiquette, characteristics of a good report and a list of information needed for every report. Identify the components of a typical site security system; learn the significance of "defense Module 8 in depth "; identify the types and purposes of barriers, fencing, CCTV systems, alarm systems, Introduction to Physical Security lighting, access control systems, and more. Module 9 Define and establish importance of fixed posts and patrols; establish awareness, observation, Fixed Posts and Patrols and perception techniques. Module 10 Establish procedures for medical, fire, and natural emergencies, as well as response to bomb Emergency Situations threats. Prepare for an active shooter situation, including understanding the characteristics and Module 11 behavior of active shooters; learn how to protect yourself and the people you serve in an Active Shooter active shooter situation; learn how to assist law enforcement. Identify types of terrorists and terrorist organizations and learn how they attack; learn how to Module 12 recognize and respond properly to terrorist threats such as bomb, chemical, and biological; Anti - Terrorism identify counter measures for crime and terrorism prevention. U.S. Security Associates, Inc. y, Confidential Safety and Security Services Proposal 7� 25K -86 . DataForces"A The P3 Technology Platforms"' (133sm) is a fully integrated intelligence system providing the next generation of security technology. P3s' is designed to Prepare. Predict. Prevent.sm incidents, thus creating better outcomes for the City of Santa Ana. Underlying the architecture of the DataForcelm is the convergence of data, algorithms and workflows. Each element provides a significant impact on our ability to identify issues before they occur, and to be able to prescribe and deliver dynamic post orders (or tour routes) to optimize for better outcomes. In today's environment, more data is being generated than ever before. According to Ginni Rometty, CEO of IBM, "In the past two years more data has been generated than in the history of the world." Thus, the question is what are we doing with that data? Historically, data has been collected, filed and at times extrapolated to develop trend analysis. This type of descriptive "trend is your friend" analysis is not today's best way of reducing safety and security risks. P3111 uses hundreds of sources of data which are fed into our proprietary attribute model in order to collect the most robust array of information Our DataForces"ollows us to available including, for example: preparefor incidents, predict when and where they will occur, • Security Officers (i.e., background, training, work experience, andprevent them. recruiting source, work performance history) • Site Specific (i.e., location characteristics, surrounding area demographics, crime statistics, incident history, daily activity reports, and observations) • Industry (i.e., vertical market) While the industry is currently in a "detect and respond" mode of protection, we have moved to the next generation of better preparing our Officers and clients to "predict and prevent" incidents. It is not simply about the technology, but about the data insight that technology can prescriptively deliver. This shift from describing incidents to one of predicting and preventing risk capability is market - leading in our industry. The power of our P3 Technology Platforms"' comes from hundreds of data sources that are collected in our proprietary security attribute model. Then, utilizing the most sophisticated data science algorithms, we seek to identify patterns most commonly associated with incidents. This process enables us to recommend post orders and dynamic tour schedules and routes to mitigate risks. More data drives better intelligence which leads to better outcomes. The Four Pillars of P3sM Consisting of four pillars, P3 Portals"', P3 MobilesM, P3 Remotes"^, and P3 Robotics5m, our P3 Technology Platforms"' works in concert together with our security team to provide a fully integrated real -time intelligence program. Portal Mobile Remote Robotics :f � -r r � ill _ _ _I f1___ :.'( �f Fourpillars make up our P3 Technology Platform5�,1 and provide the greatest integrated value to ourclients. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -87 - This optimal blend of technology and Security Officers mitigates risks and contributes positively to your mission while maximizing the value and cost- effectiveness of your security program. Details of each pillar's unique and customizable features are highlighted in the following pages. P3 Portals"^ P3 Portals"' is the most powerful security intelligence management dashboard available in the industry. Real - time City of Santa Ana security team generated information is constantly streamed from P3 Mobiles"', such as background screening, training and certification, overtime, retention, turnover, uniform compliance, security meetings, satisfaction surveys, tour results, incidents, post orders, and invoice accuracy. With centralized performance data, instant analysis, and around the clock access by web or mobile device, P3 Portals"^ delivers full disclosure to our clients. What's going on behind the scenes is front and center on the portal. Key features include — Transparency of operations Portal — Easy access - - Activity details — Multi -media data — Varietyofcustomizable viewing options ,- - Centralization of all security operations Our customizable design, combined with sophisticated charts and graphs, makes viewing security operations simple for client stakeholders. Personalization is easy; with a click of a button, the client can configure the P3 Portals"" dashboard to show any site location and inspect data in great detail. Just by clicking on reports and other various data points, further detailed information is i displayed. The dashboard allows you to instantly drill into the data to learn more detail on any aspect of your security team's performance and run customized reports, including: — Tour results — Incidents — Officer movement — Heat maps — Training and certification — Security meetings _. — Post orders - - Satisfaction surveys — Background screening — • - -• -- - Overtime Wawa i — Turnover and retention — Compliance — KPI tracking Graphs and charts can be drilled down to see specific analysis or run reports on an facet ofvoursecurity operations U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -88 Through transparency and full disclosure, P3 Portals"' serves as both a compliance and a continuous improvement performance driver. These tools enable us to set a higher expectation of performance and accountability, no longer tracked monthly or weekly but immediately and always. Home Incident Types (City of Santa Ana) r;, fii H61AE Ms1u1 9 � _ pmi.pb,a,y Q WIDDEfS I ryiy.py ,G A PIICATIDNS PoAOEan� I�� Gel 0.'J Allly Incidents, 30 Days (City of Santa Ana) Incdents, Last 30 Days JE I , ' n a uw ,V P3 Portat5M offers a streamlined, easy -to- use look otyour entire security program. P3 Portals"' servers have ample capacity and are highly secure and reliable. Data is encrypted and a 2 -step verification process ensures that the only individuals that can view a client's security operations are the authorized client and the USA management team working with them. These authorized views can be modified by user profile, providing you the flexibility and confidentiality to manage to your specific organizational requirements. We perform weekly internal and external scans as well as annual security audits by outside firms to ensure our servers and client information are always secure. P3 Mobiles" P3 Mobiles"' connects our Officer force to a real -time Intelligence Officer Networks"' "giving and getting" data streams to ensure immediate situation management. The customizable modules enable our Security Officers to stay informed of all possible threats and to communicate vital site data for actions, records, and analysis. Some of the functionality includes: — Incident management — Report observation — Perform safety inspections — Situationally specialized post orders — Deliver operational efficiency — Fire extinguisher checks — Dynamically routed tours — Transparency of compliance U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -89 •• M � � I Information from P3 Mobiles"' feeds information into the P3 Portals"'. Voice to data capability further assures your Officers are "heads up" to capture and manage any security issue. P3 Mobiles"" contains customizable modules which connect our OfficerForces"'to our data - driven technology. The following pages highlight how each module is designed to reduce the City of Santa Ana's security risks, improve efficiencies, and minimize associated costs. Screen shot from the P3 Portals" showing a heat map of a client's multi -site campus and OfficerForceSu activity tracked through P3 Mobife5M Intelligent Officer Network" Through P3 Mobiles"', our Security Officers are connected to the site command center, to the Portal, and to each other. This constant communication forms a network capacity of intelligence that creates the ability to prepare for incidents, predict when they will occur, and to take the necessary steps to prevent them from happening. OurIntelligent Officer Networks"' capability speeds up communication, allocation of resources, and responsiveness— reducing the safety and security risks to your business. Dynamic Tours In the security industry, the same questions pop up over and over again with regard to Security Officer tours. • Are Officers performing their patrols? • Are they performing them on time and visiting every location required? • Are they recording their findings? • Are they leaving time or space gaps in their patrols? • Most importantly are they in the right place at the right time? In addition to answering these basic questions, the P3$m Tours module uses data - driven intelligence regarding the frequency, location, and severity of various threat risks to position our Officers in the right place, at the right time, to prevent an incident from occurring. The P3sm Tours module is also a remote monitoring tool that gives you peace of mind knowing that Security Officers are touring facilities on time, every time. The P3sm Tours module gives you the assurance that every site is being properly managed and attended and required data is being recorded and reported, in real -time and always. U.S. Security Associates, Inc. y, Confidential Safety and Security Services Proposal )c 25K -90 -- Incident Management Committed to providing the most safe and secure environments, we recognized that often times Security Officers spend too much time writing reports and not enough time on tours or monitoring post positions. To minimize the time of report writing and prevent errors and omission of key details, we developed the P3s" Incidents module capability to keep Officers on the go. This module empowers our Security Officers, allowing them to manage incidents on -site and ensure reports effectively capture vital details. The P3sm Incidents module has the following capabilities: • Easy drop -down prompts guide Officers to submit key incident data and photos completely and accurately • Compiles data for analysis by site or roll -up • Streams real -time incident reporting directly to P3 Portals"^ for viewing and analysis • Notifies management for corrective action • Voice to text capability to minimize errors and speed up data capture Officers mitigate risk by identifying hazards, responding immediately, and resolving the hazard before an incident can occur. The P3111 Incidents module also empowers the City of Santa Ana to track incident history and trends so you are able to optimize threat management strategies to reduce not only safety risks, but also significantly reduce liability and litigation and case management costs. Fire Et Safety Inspections Many companies spend millions of dollars each year on workers' compensation claims due to hazardous conditions around their facilities. We can implement our fire extinguisher audit capabilities on our P3 Mobiles"" system and save the City the cost of hiring and managing an outside contractor. As a full- service safety and security solutions provider, we enable our Security Officers with the P35m Fire & Safety module, offering an U.S. Security Associates, Inc. 1 Confidential Safety and Security Services Proposal 7f 25K -91 additional layer of safety, ensuring all your equipment, such as fire extinguishers, AEDs, and first aid kits, are fully functional and compliant. The P3s' Fire & Safety module can: • Identify and resolve hazards • Be programmed with instructions and prompts • Begin incident resolution and process initiation • Record safety equipment inspection and tracking • Customize inspections based on client needs and defined schedules The P3sm Fire & Safety module boosts accountability by removing the possibility of human error wherever possible with reminders, step -by -step instruction prompts, real -time documentation, and instant alerts if malfunctions or irregularities are identified. The P31m Fire & Safety module is a perfect example of our exclusive technology engineering for clients' needs to increase value and reduce costs. Performance Management Officers can check fire extinguishers, AED, emergency call boxes, emergency showers, and more. Relationship Management For successful resolution of security challenges, we place heightened focus on nurturing the relationship between the City of Santa Ana and our company. Through this relationship, we set the stage for world -class customer service and employee cjt engagement. We cultivate an open dialogue from the outset of the contract to understand your culture, key business objectives, value drivers, and organizational priorities. We build strong customer relationships with the help of proprietary technology to dramatically reduce service issues, meet expectations and evolve with We offer a full range of performance management options that can be accessed in the P3 Portals^^. For example: — Customizable red - yellow -green scorecards — Heat maps showing times, frequency and severity of incidents — Bread - crumbs following Officer movement in real -time — Compliance metrics benchmarking across multiple sites, and enterprise view — Regular review meetings to keep tabs on key metrics — Formal enterprise roll -up analysis presented as needed U.S. Security Associates, Inc., * 1 Confidential Safety and Security Services proposal 25K -92 Accountability Our exclusive Responsive ManagementsM system helps to ensure that scheduled contacts and meetings take place according to the communication plan agreed upon during transition. Most importantly, status reports are up -to -date and immediately available for review in the P3 PortalsM Responsive Managements' has built -in accountability that ensures we opwmenwen� oient communicate with your representatives according to the agreed -upon end Repots he°basR schedule, document concerns and issues, and follow through to resolution. Prepae f �',. Branch and site management strive to avoid communication failures and Responsive the resultant executive escalations. Our accountability to action plans and Managements° Management MeeRnp _pne commitments made in meetings quickly reveals any misunderstandings or discrepancies. This direct level of accountability keeps field teams focused, proactive and aligned to avoid delays in resolution. Through these inherent x ° checks and balances, we keep a closed loop on our accountability Responeea processes to drive continuous improvement every day. Organization and Management Your Management Team USA has a strong local leadership team dedicated to the City of Santa Ana, including: Manager Matthew Crosswhite Branch Manager, Over 5 years of security experience and 6 years in the Orange County Army National Guard. He manages branch operations for the Orange County office. Edward Ruvalcaba Regional Director, Over 5 years of security industry experience and 24 Operations years in the U.S. Army. Ed oversees all 24 Western IN Region branch operations. Erik Fields Area Vice President Over 6 years in the security industry. Based in Fullerton, T Erik oversees the operations of several Southern CA branch offices. John Muldoon Region President Over 20 years in the security industry. Based in Fullerton, ,uaJohn overseen the operations for the Western Division. Lindsay King Director of Oversees implementation and training of technology � . a Technology for clients and officers. Amy Figueroa -Bearn Business Partners with clients to cultivate your partnership with Development USA and demonstrate value. Manager U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -93 single Point of Contact - Account Manager When multiple sites are covered under the contract, one -call communication of critical issues is vitally important for quality control across the entire enterprise. We will designate one of our most experienced security professionals as your Account Manager to serve as your single point of contact. The Account Manager will be your primary point of escalation, leveraging all available resources to guarantee responsive management of any service issues or requests. They will plan transition activities with all stakeholders to assure consistency of execution and implementation. As your single point of contact, the Account Manager will serve as the ambassador for the entire contract, assuring contract compliance and performance delivery that exceeds expectations. Organization Chart Transition USA executes each site transition in accordance with our proven strategic integration model. Our model is designed to achieve a seamless transfer of operations, retain qualified talent, and form the basis for a close, working relationship between our account team and your representatives. Our best -in -class model has evolved over decades, based on lessons learned through thousands of site start-ups, and is continuously improving and refining to incorporate new best practices. Personnel and Operating Elements USA has the personnel and operating elements required to perform the security services for the City of Santa Ana. What we simply require from you is your commitment to a communication plan and your increased supery isory oversight during the transition. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -94 We believe that we are uniquely qualified to provide a seamless transition as follows: — A team with proven demonstrated knowledge and complete understanding of the industry and operating environment — A seasoned and stable management team that has direct experience successfully managing similar programs — An organization that has recognized best -in -class programs in place to recruit, screen, hire, train, and retain quality Security Officers — A comprehensive training and on -going development program that extracts the best performance from our Associates Transition Support One of the keys to a successful transition is the development and execution of a comprehensive communication plan. Through the combined experience of many similar transitions, USA has developed a communication strategy that simplifies the inherent complexity of implementing a new security platform across multiple sites. Our communication plan includes the following basic elements to facilitate full coordination of effort: — Transition team contact list and clear definition of responsibilities — Defined levels, formats, and timeline of communication for all transition team members and account management, both City of Santa Ana and USA — Weekly all- inclusive conference calls with client representatives to review Gantt chart tasks and milestone statuses — 2x weekly internal conference calls to review completed items and address immediate mitigation plans for risks and /or issues — Issues Matrix to identify and track anticipated and unforeseen complexities or concerns — Risk Assessment (Severity x Frequency x Likelihood to Occur) to identify possible risks that could impact transition timeline — Contingency Plan to proactively develop workarounds for issues identified in the Risk Assessment — Other as determined by City of Santa Ana Transition Timeline Proiect Schedule and Expectations The Transition Plan outlined below describes the processes we will use to provide all staff and services necessary to fulfill all SOW tasks. The goal of the Transition Plan is to ensure zero degradation of the security protection services during the change and to achieve all the benefits of the new program. We have taken a proactive approach to post schedules and staffing, so that our operations team may have the flexibility necessary to ensure consistency in service capabilities across all sites across the entire contract. This scheduling methodology and our staffing approach is fully consistent with our current approach for staffing 2 2 1 1 1 2 May May May May June June 18th 18th 25th 25th 8th 15th Execute contract Exec Appoint transition team Exec U.S. Security Associates, Inc. * * * 1 Confidential Safety and Security Services Proposal 7� 25K -95 Review uniform IT HR HR Conduct drug tests HR Select site leadership HR Establish Execute 1[:90] Conduct OJT training L &D Develop in- service training L &D Set upyour account in USA system F&A _Enter employees into system for Payroll F&A deduction information to HR _ _ F&A _Send Set un vacation accrual F&A Order uniforms Proc uniforms and eauinment Proc Establish performance metrics Off_ Progress review with your representatives Ops_ Managers monitoring ops on site Ops U.S. Security Associates, Inc., Confidential Safety and Security Services Proposal 25K -96 Pricing The USA Value How much does your security really cost? How do you calculate it? Do you only consider the cost of security personnel? Do you multiply the cost of your security personnel times the cost of your investments in protection technology? — Did you remember to factor in the cost of turnover and time lost to onboarding? — What about the cost of claims and liability due to accidents, slips, trips or falls? — What about theft and loss? — What about cost incurred from the loss - Security staff of customers due to poor customer -Theft service or lack of expertise from your Security Officers? - accidents - Technology Investments - Turnover Cost - Loss of Customers and Reputation We consider variety of costs when considering the effectiveness of our security programs. These questions are important factors in considering the Total Value to Protect"" (TVP) your people, assets and brands. We believe in an integrated solution that prevents incidents from ever occurring and reduces the risk (and incurred costs). A reduction in quantifiable costs such y =- as loss, liability claims, turnover, accidents and, the most difficult to measure, loss of customers and reputation, is an enormous value our security solutions are able to provide the City of Santa Ana. In addition, our ongoing commitment to Officer •.� development and innovation ensures your program is always the best in the market. USA is completely committed to establishing a long -term and mutually successful partnership with City of Santa Ana. USA providesyou with the We believe we are the best choice because we offer the best quality of service best Total Value to Protects' with the most complete range of services at the best overall value. Our data driven intelligence and best -in -class technology and talent management ensures you will have the most current practices applied to create the best outcomes. Emergency response, disaster recovery, active shooter training, investigations, and special events arejust a few of the many examples of our complete offering of services available to you. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -97 Security Partnership Our company's priorities are: To enhance the City's safety and security program in order to meet your current and future needs Best Value for your Security Dollar: As such, we have provided our technical and pricing package to deliver to you the most value possible, while continuing to enhance your 1. Relationship focused and overall program. Our response was written to ensure you have the most accountable for our performance cost - competitive and greatest value proposal available, and that you results will be compelled to select us to be your exclusive partner. 2. Transparent operations and We recognize this is a very important decision. In order to move forward, and to gain the benefits of our proposal, we encourage you to full compliance reflect upon the total value offered by choosing USA as your security 3. Quality- driven processes and partner. We can confidently say we are positioned well, and aligned technology -based insights organizationally from top to bottom, to best meet and exceed your 4. Deep expertise and broadest - expectations. spectrum of service capabilities Holidays and Overtime All USA Officers who work on the following holidays, and any holidays designated by the client, are compensated at 1.5 times their regular hourly wage: New Year's Day; Martin Luther King Jr.'s Birthday, President's Day, Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; the Friday following Thanksgiving; last working day before Christmas Day; and Christmas Day. We bill at premium rates (1.5 times the regular hourly rate) for client- requested overtime with less than 24 hours' notice. We also bill at the premium rate to deploy additional Officers with less than 24 hours' notice. We can provide additional Officers at the straight time rate with enough notice to prepare schedules that do not require overtime. Billing Billing is scheduled on a weekly basis. Invoices include line -item entries for all costs, including our rates, Officer wages, overtime and all other expenses incurred. Payments are due within 45 days of the billing date. Benefits At 36 %, our turnover USA has developed a comprehensive offering of benefits and incentives to attract promising candidates and promote retention of qualified, experienced Officers. Even at rate is a mere the recruiting stages, we seek to minimize future turnover by representing our position fraction of the openings as career opportunities, with a clear path for advancement through training industry average. and development that is available only to those who meet exacting hiring criteria. We follow stringent procedures to select high- integrity candidates, thoughtfully match competencies to assignments, and then diligently instill the knowledge and skill sets for success. These retention drivers, in combination with strategically selected benefits and industry- leading incentives, strengthen our security programs with the advantages afforded by staffing continuity and longevity. We have maintained a company- wide Security Officer turnover rate of 36% or less for more than five years, compared to an industry average that exceeds 100 %, according to research by the Freedonia Group. Our benefits program is structured to provide you with maximum flexibility to balance coverage, retention, and budget concerns. U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -98 Medical Insurance All full -time USA Officers have a choice of two medical providers. Anthem and Century Health Care (CHC) are the providers available to all full -time, USA Officers who work 30 or more hours per week. Coverage is effective the first of the month following 60 days of service. Details of the plans offered will be provided upon request. Additional Benefits Paid Time Off — We pay overtime for hours worked on holidays, and we provide sick time to full -time Security Officers. Our specific plans are subject to differences in local laws, regulations, and Collective Bargaining Agreements. 401K Retirement Savings Plan — After six months of service, Officers may choose to make contributions to the Plan of up to 100% of eligible pay (up to $18,000 in 2017 or $24,000 if the Officer is age 50 or older or will be 50 by the end of 2017). Other than in the event of allowed financial hardships, money can only be withdrawn upon termination of employment, permanent disability, death or retirement. Tax -free flexible spending plans — USA offers tax -free flexible spending accounts through which Associates can allocate pre -tax dollars for medical expenses and other qualified purchases. Tuition Reimbursement & Discounts — Associates pursuing a degree in an approved course of study can receive reimbursement for tuition and books with qualifying grades. USA's Associates can take advantage of discounted tuition fees, thanks to the company's partnerships with DeVry University and the University of Phoenix. Uniforms — As SecuritySTARSsm, our Security Officers are expected to report for duty in a uniform that fits our three C criteria — Clean, Crisp and Complete. Security Officers are provided consistently branded uniforms that are offered in a variety of styles to present a sharp, professional appearance at the City of Santa Ana sites that fit your standards. We tailor our uniforms to fit client specifications and have a range of styles and options to choose from to i i a ensure that our Security Officers project your desired impression. We offer outerwear and optional accessories to attend to unique scenarios and seasonal and regional variations, such as sweaters, windbreakers, rainjackets, reflective vests, footwear, gloves and hats. The following are a few of our most popular options of uniform. — Concierge, a professional, corporate style perfect for optimal customer service that includes blazer, tie, and a crisp, starched shirt. — Classic, this traditional Security Officer style presents a professionally dressed Officer with the following components and options. — Polo, this traditional polo -based style is perfect for event staffing or compliments a more casual office environments U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -99 25K -100 Exhibit 3 AGREEMENT TO PROVIDE SECURITY GUARD SERVICES THIS AGREEMENT is made and entered into this 161H day of May, 2017 by and between U.S. SECURITY ASSOCIATES ( "Contractor"), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"), RECITALS A. On March 14, 2017, the City issued Request for Proposal No. 17 -032, by which it sought Contractors to provide unarmed security guard services for various City facilities. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17 -032 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional security services company. 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 unarmed security services at the following City facilities, as further described in Exhibit A: Santa Ana Regional Transportation Center (SARTC) City Hall Ross Annex Corridor to Superblock Orange County Courthouse Library Parking Structure Santa Ana Police Department Santa Ana Court Yard Centennial Park I Santa Ana Zoo at Prentice Park Santa Ana Senior Center Santa Ana Library Central Library Newho e Branch Library Contractor's proposal is attached as Exhibit B and incorporated by reference. The City reserves the right to request additional security services and related equipment from Contractor, as set forth in Exhibit A. The City may request additional services in a writing executed by the City Manager or his designee. Page 1 of S 25K -101 The City also reserves the right to reduce or eliminate services at any of its facilities, for any reason. The reduction or elimination of services will result in a proportionate reduction of the monthly payment to the Contractor. The City's decision to reduce or eliminate services shall be effective 30 days after written notice of such election has been sent to Contractor at the address set forth in Section 10, below Contractor will provide to the City a list of all security guards providing services pursuant to this Agreement and will update said list each month with the names and positions of any new security guard and notification of replacement of any current security guard. Additionally, Contractor will immediately notify City with the name and assignment of any security guard who is terminated. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit C and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $1,154,532, annually, during the term of the Agreement and any extension thereof permitted by Section 3. This annual amount consists of the base sum of (1) $1,131,732 and (2) a contingency of $22,800. No price increase will be considered during the initial term of the Agreement but may be considered for the extension periods, if any, upon request by Contractor with one hundred and twenty (120) days written notice. Any increase in price shall be subject to approval by the City Council. If the parties cannot mutually agree on a new billing rates for the extension periods, either party shall have the right to terminate this Agreement after the initial term upon thirty (60) days written notice of termination to the other party. b. 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on June 1, 2017 and terminate on May 31, 2020, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended for two additional (1) year periods, 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 Page 2 of 8 25K -102 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. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $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 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. Page 3 of 8 25K -103 C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved 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, by consultant, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith tenninate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees 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 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; 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 Contractor's performance of the Page 4 of 8 25K -104 services contemplated by this Agreement, except to the extent such claims are caused by the negligent acts or omissions of the City or any of its employees, agents, representatives, and independent contractors. 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. The Contractor 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. Nohvithstanding the foregoing, to the extent Contractor'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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of 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 Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 25K -105 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, CA 92702 Fax 714 -647 -5635 To Contractor: U.S. Security Associates 1400 N. Harbor Blvd., 7`1' Floor Fullerton, CA 92835 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 terrified, 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 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. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any hiterest herein without the prior Page 6 of 8 25K -106 written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other 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, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON - DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, 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 or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, Interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, Page 7 of 8 25K -107 the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �j r-JOHN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA ICURTZ Interim City Manager U.S. SECURITY ASSOCIATES JOHN MULDOON Western Regional President Page 8 of 8 25K -108 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES GE, ENERAL SCOPE OR SERVICES 1, General Conditions Contractor shall furnish all necessary labor, supervision, uniforms, and equipment in accordance with the provisions, terms mud conditions set forth in this RFP, 2. License and Permits Contractor and assigned personnel shall possess all licenses and permits required b the California Department-of Consumer Affairs,.Eureau of Security. and.Staffmg requirements for each site are provided In Exhibit E Staffing Schedules. 3. Security Guard Minimum Ounlllieations City staff will review the qualifications of the guards assigned to the respective sites, The City reserves Elie right to disapprove Contractor personnel assigned to this contract, The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager. Security guards are required to meet the minlmum qualifications listed below prior to their initial assignment, Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor's place of business. Failure to do so may result in the termination of the contract and subsidiary contracts, (a) dueatlon- Guards must possess a high school diploma or G.E.D. equivalent and must have the abillty to speak, read, mid write the English language, understand and carry out oral and written directions, think and act cluicidy and City of Santa Ana Unarmed Security Guard Set vlces RFP Page 16 25K -109 effectively in emergencies, and writo accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location) (b) x erience- Guards assigned to work under this Contract must have had prior security guard experience of relevant nature, (c) Xnowiedge/Sldlls- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal, Guards must have the ability to constrict and write clear and accurate detailed reports. (d) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Constuner Affairs while assigned to the City contract. Temporary guard cards are not acceptable, (e) Drug Testing- All guards shall successfully pass a pre - employment drug screening examination within six (6) months of their assignment, Drug testing will be arranged for the guards by the Contractor at its own expense prior to assignment at any City facility. (t) Background Check- Contractor shall certify that all personnel have successfully passed a criminal background check prior to assignment to any City facility. (g) Training- Guards are required to have received training in First Aid and CPR, with current certification, as wall as training in security and emergency procedures, crowd control, and public relations, First Aid and CPR training will be arranged for fto guards by the Contractor M its 9w.A expozase prior to. assignment to any City facility. (h) Physical /Mental Qualifications- Guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Medical examination of guards to assure their physical fitness shall be conducted at the Contractor's expense, prior to the initial request for clearance and arnnially thereafter, (i) Performance- Substandard performance of any kind will not be allowed, The City reserves the right to refuse or reject any assigned guard, who, in the City's belief, fails to meet the minimum requirements as set forth in this Contract, (j) Driver's License- Guards must possess and carry in their possession while on duty a valid California. Driver's License issued by the CA Department of Motor Vehicles. City of Santa Ann Unarmed Security Guard Services RFP T Page 17 25K -110 (k) Probationary Period. New guards assigned to the City contract will be placed on a six month probationary period during which time their skills will be assessed periodically by both Contractor and City staff, To ensure satisfactory completion of the probationary period, City staff, at his /her discretion, may require a written exam and /or oral review, 4. 24 -Hour Communications Cauabllity Contractor shall maintain a 24-hour communication center. Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers, 5, Uniforms and E uinment Contractor shall provide uniforms to employees who are assigned to work on the contract at no additional expense to those employees or the City. Uniforms shall include winter jackets and rain gear. Uniforms shall bear a patch identifying the Contractor. Uniforms are subject to City approval, Pictures of Contractor uniforms are to accompany Contractors RFP response, 6, Supervision Supervision of assigned personnel shall be provided daily, 7 days a week, as assigned. The Supervisor shall be available to meet with City staff when requested. Supervisors shall conduct on -site inspections of assigned personnel at least twice per week. Supervisors shall have prior security experience, know and understand the operational aspoct,of the.security.pusiuess, be an appropriate role model, and ]lave. an ability.tp .teach, guide and direct effectively, Supervisors shall employ measurable performance criteria in their evaluation of employees. It is desirable to have supervisors emerge from within the ranks of Grose assigned to the contract. This achieves continuity and assures the experienced security guards are at the forefront of protecting the City's employees, clients and assets, City lull, Main Library and the SARTC each require an on -site supervisor to manage the guards assigned to these locations, 7, Training Contractor shall provide the following training at no additional expense to the City. (a) Training of newly assigned guards: Contractor will be expected to provide up to eight (8) hours of training to newly assigned guards at the City facilities. At SARTC, three (3) full days of on -site training is required, (b) Training of substitute guardst Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed, City of Santa Ana Unarmed Security Guard Services RFP Page 18 25K -111 (c) Refresher training; Refresher training shall o provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties, The refresher training shall address any issue brought to the Contractor's attention by the City staff, who is requesting the refresher training. (d) Health and safety orders; Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal -OSHA (California - Occupational Safety and Health Administration), 8. Registered Personnel Contractor shall keep records that ensure all assigned guards have received their training, registrations and permits as required by State and local authorities. Additionally, Contractor shall ensure that all guards timely renew their training, registrations and permits as required by State and local authorities. The City may inspect such documentation at any time npon request. 9. Post Orders (,Duties) and Operating Procedures Prior to staffing an account, Contractor shall provide the following at no addition expense to the City. (a) Meet with Management and /or City staff at each facility and review current security guard post orders (duties) and operating procedures; (b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing; (c) Hold an orientation/iraining meeting with assigned peraonnel> al which time they shall be given a written copy; and; (d) Provide a written copy to Project Manager Contractor shall establish a specific set of post orders mid operating procedures for each facility. This post order and operating procedures shall be completed within ten (15) days following the contract start date. Contractor shall not seek additional monies from the City for establishing the post orders and operating procedures. 10. Review of Post Orders, Procedures and Performance Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures, Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written. copy, 11. Appearance and Grooming City of Santa Ana Unarmed Security Guard Services RFP Page 19 25K -112 Assigned personnel shall arrive at work well groomed, in a professional manner, and hi the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessm9zo their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture, 12. Responding and Renertine In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractor will not place themselves hi danger by confronting dangerous individuals. 13, Guard Duties (general) Typical duties of the security guards assigned to the City facilities include, but are not limited to, the following; • Making rounds of inspection to dctetraine that fences, gates, doors and windows are properly closed and /or locked or otherwise properly secured, • Check -in with a Guard Tour -lilce system to ensure the entire site is monitored frequently and on a regular basis. • Investigating unusual or auspicious conditions or activities. • Preventing trespass on, damage to, or theft of City property. o Inspecting parking areas. • Enforcing security regulations, • Interacting in 'a professional manner with the public, • Assist the public with directions when needed. • Be a visible presence in the gate entrance area. • Responding to building alarms. • Ensuring gates and fences are closed on the weekends when most City facilities are closed, • Notifying appropriate City personnel and local authorities when emergencies Occur. • Respond to request by City facility site management, • If need be, occasional assistance with crowd flow. • Report any nursafe or dangerous conditions or circumstances to City facility site manager, 14, Cooperation with Law Enforcement Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and Un City of Santa armed Security Guard Services RFP __ Ana Page 20 25K -113 Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Motrolink Police, Amtrak Police and the Department of Homeland Security. 15. Incident Reports Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management. 16. Additional Personnel Contractor shall provide additional personnel upon twenty -four (24) hours advance notice at the contracted rate. Contractor shall assure the City that Contractor will maintain a reasonable nrmtbee of trained backup personnel ready to assume assignment upon request by the City. City Hall location, on occasion, might require additional guard services with shorter lead time, 17. Schedule Changes City reserves the right to make schedule changes upon forty-eight (48) hour advance notice to Contractor, Schedule changes shall not affect the billing rate agreed upon, 18. Double Shifts Contracted security guards shall not work more than twelve (12) hours in any twenty-four (24) hour period. 19. Overtime The City will pay for only that overtime it authorizes, The City will pay Contractor a rate of one and one -half times the normal billing rate for each person assigned to work overtime. Request for additional services shall be billed at the normal base rate, 20. Recognized Holidays Below are the City observed holidays. Security coverage on holidays will vary by facility. See silo specific scope located on pages 2440. Now Year's Day Martin Luther ISing, Jr.'s Birthday Presidents' Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day City of Santa Ana Unarmed Security Guard Services RFP Page 21 25K -114 Friday following Thanksgiving Day Last working day before Christmas Day Christmas Day 21, Over-fills Over -fills occur when Contractor supplies too many guards, guards for longer periods than required, or guards of a higher level of pay than agreed upon between the Contractor and the City for a particular site, The City will pay for only those services requested and agreed to, 22, Short -fills Short -fills occur when Contractor supplies unqualified personnel for the site assigned. City reserves the right to refuse Contractor's personnel not in compliance with the contract. Overtime will not be paid to Contractor to compensate for shortage of personnel, 23, Shortfalls Shortfalls occur when the required security services are not supplied at any post or work site. The City will pay for only the actual time worked. If a security guard arrives late for work or leaves early for my reason, those hours will not be paid. The absence of a security guard at a post or work site without replacement constitutes a shortfall for a portion of a shift and a proportional reimbursement shall be given on the invoice, Note; The City may request a "service credit" for any shortfall (See "Service Credit" provision below,) 24. Double Bankine Whenever it becomes necessary to' assign or reassign an individual to a post for the fast time, Contractor shall arrange, at its own expense, to have the now individual "double bank" with am experienced employee prior to having the inexperienced individual take over any post on his or her own. Contractor shall bear the associated expense for this double banking, 25, Excessive Turnover Excessive turnover of guards will not be tolerated and may be cause for termination of the contract. Tumover of assigned personnel at any City facility shall not exceed one hundred percent (100 %) in 30 to 90 days. Contractor shall provide a list of all personnel assigned at the start of the contract, and shall provide semi - annually, an updated list specifically identifying the personnel that have been added and personnel that have been removed from each site. 26. Performance City of Santa Ann unarmed Security Guard Services RFP Page 22 25K -115 Poor performance will not be tolerated, The City reserves the right to refuse or reject any person assigned under the contract either with or without cause. 27, Service Credit Contractor guarantees that security guards assigned to the City facilities will report on time, fit for duty, in proper uniform, and properly instructed, oriented, and supervised. Contractor guarantees that service requirements will be identified and will receive proper response. Contractor will communicate regularly (at least once a month) with City facility site management. If at any time Contractor fails to provide any services agreed, Contractor shall issue a "service credit" to the City. A "service credit" for each incident of failure shall be a minimum of one (1) complete security guard work shift or eight (9) times the hourly rate charged by the contractor, Such credit shall to issued ill the form of a credit on the next available billing, Service Credit is to be paid in addition to any deduction for hours not worked. Clty of Santa Ana Unarmed Security Guard Services RFP Page 23 25K -116 SITE SPECIFIC SCOPE OF SERVICES SANTA ANA REGIONAL TRANSPORTATTON CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000- square- foot terminal, two surface parking lots with a total of 282 spaces, and one four -story parking structure with 423 spaces. A three -story pedestrian bridge takes travelers to the cast train platform. A second pedestrian bridge connects the parking structure to the main facility, The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4 :00 AM to midnight dally. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meeting/eonference rooms on the 4P and 50' floors. Tenants include Amtrak, Greyhound Lines, Tres Estrellas de Oro, County of Orange Social Services Program, State of California EDD, the City of Santa Ana Work Center and gift shop. As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within, the facility, The lead authority is the Santa Ana Police Department. The Orange and Los Angeles County Sheriffs, the California I- Ughway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale, Rail and Bus Services The SARTC functions as an inter -modal transportation facility along the Orange railroad subdivision, within the Los Angeles San Diego (LOSSAN) corridor. The SARTC serves both Metrolink and Amtrak commuter /passengers seven days per week. Specifically, it serves Metrolink's Orange County and Inland Empire - Orange County commuter rail service fines, and Amtrak's Pacific surfliner trains. Six Local OCTA and OCTA Station Link bus service routes are available at or in the immediate vicinity of the SARTC, In addition, the SARTC also leases space to long distance bus service providers as Greyhound and Tres Estreltas de Oro. Workforce Development Services Clty of Santa Ana Unarmed Security Guard Services RFP Page 24 25K -117 The Santa Ana WORK Center Is located within the SARTC. The WORK Center combines resources from various agencies to provide integrated Jab and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youths. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor for staff and is not open to the public, The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 100 client visits per day. The WORK Center offices on the first and second floors are open from 7:30 AM to 5:00 PM Monday thru Thursday and every other Friday, A security guard under separate contract by the State of California is assigned to the referral center suite during the hours it is open to the public. it is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary. The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day, The third floor suite is open from 7:00 AM to 5:00 PM, Monday thnr Friday. 1, SCOPE The City's objective is to provide deteneuee against crimes of vandalism, theft and bodily injury at the SARTC on a twenty -four (24) hour basis. Management of Facility The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency, Onsite property management services are available during normal business hours Monday through Thursday and every other Friday, The office is closed on weekends and 11 days per year for holidays. Thia.post requfrea. highly .visible security staff with - excellent interpersonal skills and the ability to deal with the public hi a courteous manner. This post requires extensive public contact. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking grind must be on site at all times. General post assignments and tasks include, but ate not limited to the following: • Observe- and- roport only, Guards are not expected to apprehend or physically detain any individual, • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms, all stairways and all approaches onto the property. • Using post managerent system to check in at designated checkpoints, minimum of 27 points. • Actively patrol entire property. • Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and t the direction of SARTC management or City of Santa Ana Unarmed Socurlty Guard Services RFP PeQo zs 25K -118 • Periodically monitors the City's VSS surveillance system. • Ensure that unauthorized taxis, limousines, buses, etc, do not assemble on or adjacent to the property. • Provide vehicle and parking control throughout the facility, as needed, • Provide surveillance of trains, buses and passenger movement. • Enforce the facility's unattended baggage policy and follow appropriate procedures. • Look down or open the facility at designated times, This will include main building, parking structure and pedestrian bridge accesses, • Report to SARTC management any light outages, improperly working doors and /or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism, • Raise and lower flags at dawn and dusk. • Check in mid check out all contract personnel and provide access to service areas as necessary, • Provide authorized personnel access to secured sites • Be familiar and able to enforce the SARTC Emergency Action Plan and Evacuation Procedures. • Maintain a log of all lost and unattended items, • Conduct monthly cheek of fire extinguishers, • In Property Manager's absence will receive and turn over bike locker and photography applications. • Provide tenants access to secured conference rooms. • Ensure conference rooms are secured after use, Shift Coverage: 24/7 security guard coverage In addition, one supetvisor to work Gam to 2pm Monday through Friday Holiday Coverage: Regularly scheduled security guard coverage is required, H. RESPONSIBIMTY OF CONTRACTOR The Contractor will provide services for 24 hour security coverage at this location. A guard must be present at all times and this facility must never be left unattended. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and Incident reporting (IR). This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and any ather equipment needed in leading and monitoring the security needs of the facility. Each security guard shall be equipped with cellular phone and all other telecommunications or electronic equipment necessary for all security officers while on duty. Desirable to have equipment to allow for real time reporting and tour verifications, It of Santa Ann Unarmed Security Guard Services RFP Page 26 25K -119 Provide internal transportation equipment, if any, such as scooters, sogways, bicycle, vehicles etc. Provide all document slid stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms, pens, writing pads, otc. THE CITY WILL NOT PROVIDE SUPPLIES. THE SANTA ANA CORPORATE YARD The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street ion the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two - story garage, and a single -story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances. The properly houses a variety of the City's vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above - ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section II below, The regular hours of operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p,m. 1. SCOPE The City's objective is to provide the Yard with security guard service to monitor the security of personnel, equipment, buildings, and general property, The security guard will be posted at the guiard station located at the Center Street.. entrance. The guard station is equipped with a closed- circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance. The security guard shall perform the following: • Utilize an electronic device to conduct tour verification and incident reporting. • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a.m. on weekdays. • Mmutains a logbook noting the name of every individual who enters and leaves the property and notes the time. • Conducts a continuous observation of the Yard to maintain a secure and safe property, If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa. Ann Police Department. • Under no circumstance is aggressive action required. • The security guard is required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts. City of Santa Ana Unarmed Security Guard Sarvices RFP Page 27 25K -120 The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification, Shift Coverage: 1 Seciuity Guard 6am to Spm Monday through Thursday 24 hour coverage effective Friday at 4pm through Monday at Gam Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. U. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and Incident reporting (IR). City of Santa Ana Unarmed Security Guard Services RFP - Page 28 25K -121 THE SANTA ANA ZOO AT PRE'NTICE PARK The Santa Ana Zoo at Prentice Park (the "Zoo ") is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701. The Zoo covers 20.5 acres including public parldng areas, animal housing, exhibits and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits, Hours of Zoo Operation The Zoo is open to the general public Monday through Sunday (seven days per week) from 10 :00 a.m, to 5:00 p,m, The Zoo is closed to the general public only two days each year on December 25 — Christmas Day and January 1 — New Year's Day; however Zoo staff are still on the grounds to feed and care for the animals: Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public. I. SCOPE The City's goal is to have security guard services conduct three (3) security tour patrols nightly, seven (7) days par week around the Zoo property perimeter and through the Zoo grounds, These services are serve as a deterrent against crimes of vandalism and theft and to insure safety to City property and the Zoo's animal collection during the Zoo's closed hours. The tour patrol is to include eight (8) strategically designated locations, utilizing an electronic device to conduct tour verification and incident reporting and is to be performed once between the hours of 7:00 p.m, to 90 p,m, 11:00 p,m. to 2:00 a.m. and 3:00 a,m. to-5:00 a,m, Shift Coverage: Three night patrols, seven days a week, between the hours of: 7pm to 9pm. (Vi patrol) 1 1pm to 2am (2na patrol) 3am to Sam (P patrol) Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. II. RESPONSIBILITY OF CONTRACTOR The Contractor provides one security officer in standard full uniform and a functioning vehicle displaying the security company's name in clear view on the vehicle. The security officer is to carry a cell phone or mobile radio at all times. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting OR). In the event of a security breach, unusual observation or concerns for the safety of the Zoo's animals, the security officer is required to make specific contacts to City personnel and /or the Santa Ana Police Department. Under no circumstance is aggressive actiou required, 2. City of Santa Ana Unarmed Security Guard Services RFP Page 29 25K -122 Any incident reports that arise of the nightly patrols are to be emailed immediatoly to the appropriate City personnel. The Zoo reserves the option to increase or decrease the number o£nightly vehicle sweeps and the number of days per week requested, with seven days written notification. The Contractor shall provide all management, supervision, and overhead for all contractor's employees and shall be solely responsible for Instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties, i I i i I City of Santa Ana Unarmed Security Guard Services RrP Page 30 25K -123 TILE SANTA ANA LIBRARY The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701, The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as story times in English and Spanish and special programs for children and families, Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults. Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9;00 p,m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 4;00 p.m. The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703. The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club, It offers computer access for adults, children, and teens. Bilingual tutoring for children and teens is available In the Library Learning Center. The Newhope Branch Library is open Monday through Thursday from 2;00 p.m. to 7:00 p.m., Saturday from 10:00 am, to 5:00 p,m, and is closed on Friday and Sunday, SCOPE The City's goal is to provide deterrence against crimes of vandalism, theft and bodily lr;jury at the two Library locations, The Contractor shall provide security guard services in and around the Library properties as requested by the City. Contract security personnel shalt assist the Library in meeting its security objectives, Duties Include, but are not limited to; Roving patrol of building interior, include — but not limited to the following tasks: 1, Ensure that alarms at all emergency access doors are activated. 2. Ensure that meeting rooms are lacked when not in use, 3. Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other aota that interfere with or disrupt library activities (Santa Ana Municipal Code §2- 602,1) 4. Verify that all exterior doors are locked after normal business hours. 5.. Hourly inspection of public restrooms. Advise library management of any maintenance or repairs needs, 6. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed, 7. Ensure that all patrons exit the library as closing time approaches • Roving patrol of exterior library area, include — but not limited to the following tasks: City of Santa Ana Unarmed Security Guard Services RFP Page 31 25K -124 1. Ensure ail exits are flee from obstruction 2. Report unauthorized use of designated Library parking spaces 3. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed. 4. Verify that all durnpsters are locked. 5, Verify and report building exterior fighting deficiencies. • Complete Incident and daily operating reports, Provide Library Management copies of reports on a weekly basis • Check the security camera system daily to ensure that it is in good working order, Notify Library Management, if malfunctions occur. Complete Library electronic reports for incidents in which he/she is directly involved; take pictures, as needed, refer to camera files in documenting and identifying offenders. • Notify Santa Ana Police Department if police intervention is required, • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within the Library and the Civic Center. o Report building maintenance and safety concerns as necessary. Enforce the Safety and Security and Personal Conduct regulations outlined in the Rides of Conduct. v Mitigate various issues that arise in and around the Library based on Civic Center activity, • Escort employees, as needed, to parking locations. • Required.guard.qualifications:.. • Able to learn or have experience in the use of the library's security camera system • Security experience in a position involving extensive public contact. • Demonstrated ability to handle and resolve conflicts in an effective manner Demonstrated judgment in emergency situations 6 Experience working with people with behavioral /mental health issues and /or criminal background • Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender, Main Library Shift Coverage: 3 Security Guards 1 Supervisor loam to 9pm Monday - Thursday (3 Security Guards, 1 Supervisor) loam to 6pm Friday- Saturday (3 Security Guards, l Supervisor) 12pm to 4pm Sunday (3 Security guards, 1 Supervisor) — _ — holiday Coverage: No security guard coverage is required. Clty of Santa Ana Unarmed Security Guard Services RFP Page 32 25K -125 Newhope Library Shift Coverage: 1 Security Guard 315pm to 715pm Monday through Thursday 1015am to 51. 5pm Saturday Holiday Coverage: No security guard coverage is required, LL RESPONSIBILITY OF CONTRACTOR The Contractor shall provide all management, supervision, and overhead for all contractor omployeea and shall be solely responsible for instituting and invoicing disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting. (IR). City of Santa Ana Unarmed Secudty Guard Services RFP Page 33 25K -126 CENTENNIAL PARK Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skato park, playground picnic areas, restreoms, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property. The campus is not included in the area to be serviced, however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district,) L SCOPE The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Centennial Park and shall perform the following: • Perform roving patrols of interior and exterior building areas, • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Direct patrons to areas within Centennial Park. • Report building maintenance and safety concerns as necessary, • Enforce Park rules as required. • Mitigate various issues that arise in and around Centennial Park. • Provide a bike or electric golf cart patrol. Bilce patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, lcoee and elbow pads, and helmets and uniforms, including BDII pants and/or shorts, polo shirt and bolt, Electric golf cart patrol includes supplying-'the golf cart, oazgomg luaintenanee of the golf cart, day safety equipment and specialized uniforms, if required, • Observe- and - report only. Guards are not expected to apprehend or physically detain any individual, • Notify Santa Ana Police Department if police intervention is required, • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Shift Coverage: l Security Guard 12pm to l Opm Saturday and Sunday Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays. IL RESPONSIBILITY OR CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Centennial Park, Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). Glty of Santa Ana Unarmed Security Guard Services RFP Page 34 25K -127 BIRCH PARK SASC1Birch Park is located at 424 West third St„ Santa Ana, CA 92701. The park covers 2,6 acres including a senior center, fitness zone, outside portable restroom, and park area. 1. SCOPE The City's goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Birch Park and include the following duties: • Perform roving patrols of interior and exterior building areas, • Complete incident and daily operating reports, • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures, • Direct patrons to areas within Birch Park, • Report building maintenance and safety concerns as necessary. • Enforce Park riles as required, • Mitigate various issues that arise in and around Birch Park, • Observe -and- report only. Guards are not expected to apprehend or physically detain any individual. • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. Shift Coverage: I Security Guard 9:OOsm to 1:OOpm Monday through Friday Holiday Coverage: No security guard covE- a7ge1s; fequired 11. RESPONSIBILITY OF CONTRACTOR The Contractor will provide security guard services approximately 20 hours per week at Birch Park, Provide any safety equipment and specialized uniforms, if required. City of Santa Ana Unarmod Security Guard Services RFP Page 36 25K -128 City Hall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thtu Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that Includes City, County, State and Federal offices, The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to Cashier, Business License, Dog License, Planning counter, Public Works counter, Building Plan Check, Community Preservation, Housing Administration, Police/Fire Plan Check, Purchasing, Risk Management, Economic Development etc, I. SCOPE City Hall The City's goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex and shall perform the following: • Perform roving patrols of interior and exterior building areas, • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified In post orders and standard operating procedures, • Direct patrons to areas within the Civic Center. • Mitigate various issues that arise in and around City Hall based on Civic Center activity, • As needed, escort staff or visitors to parking locations. • Report building malatenance and - safety concerns as necessary. 1. Four tines a day — Inspect public access restrooms to maintain cleanliness and advise building maintenance of needed corrections. 2. Daily- Check and operate City Hall ADA wheelchair lift and document. 3, Daily- Verify and report building Interior lighting deficiencies. 4. Daily Evening- Secure dumpsters at loading dock at the and of the day. 5. Daily Evening- Verify all exterior doors are Iocked after normal business hours. 6. Daily Evening- Verify and report building exterior lighting deficiencies. 7, Weekly- Check water pressure of all City Hall/Ross Annex drinking fountains. 8. Monthly- Check all City flail/Ross Annex AED's per Risk Management Guidelines, 9. Monthly- Check. Fire Extinguisher and sign tags for inspection per Risk Management Guidelines. 10. As Needed- Adjust walk off mats at entries to City Hall and Ross Annex. 11, As Needed- Advise facilities management of building deficiencies; interior or exterior. 12, As Needed- And as requested by the superintendent perform other duties as needed, Security Guard Officers present at City Council Meetings: City of Santa Ana Unarmed Security Guard Servlcea RFP Page 36 25K -129 One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building #19) in front of City Hall to provide a safer passage to and from Council. Chambers to Building 919. Council Meetings Council Meetings will be held every first and thud Tuesdays of the month. Officer duty hours: 1730 -2100 hours or may be extended until 2300 hours. Officers will remain on duty until released by appropriate authority, Two security guards will be assigned duties for the Santa Ana Council. Meeting, Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot immediately in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity. Ross Annex Corridor to Sunerblock & OC Courthouse Library Parldng Structures The Contractor will provide security guard services Monday through Friday. The City reserves the right to adjust the guards' assignment/hours, as needed, to better serve internal and external customers. Below are the duties for this post: • Perform roving patrols of parking stntcture interior levels, stairwells, elevators and exterior. • Complete incident and daily operating reports. • Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures. • Provide patrons with direction to areas within the Civic Center, as needed. • Mitigate various issues that arise between Superblock and O.C. Courthouse parking structures that serve City Hall/Ross Annex. • As needed, escort staff or visitors to parking locations upon request if available. (More conunon during dark hours) • Report building exterior safety concerns, as necessary, 1. Daily /Evening- Verify and report parking garage and Civic Center lighting deficiencies. 2. Daily/Evening- Verify and report parking garage elevator deficiencies. 3. Evening- Verify City Hall/Annex exterior doors are locked after normal business hours. 4. As Needed- Maintain that stairwell access to City Hall courtyard is not obstructed for visitor access. S. As Needed- Advise Parks, Recreation and Community Services Agency management of civic center deficiencies' between City Hall and parking structures. City of Santa Ana Unarmed Security Guard Services RFP T Page 37 25K -130 City Hall, Council Meeting, Ross Annex, Superblock and O.C. Court Parking Shift Coverage; 7 Security Guards and I Supervisor 6am to 2pm Monday through Friday (3 Security Guards) 8am to Spin Monday through Friday (1 Security Guard and 1 Supervisor) 2pm to l Opm Monday through Friday (3 Security Guards) 2 Security Guards assigned to work City Council Meetings 530pm to l 1pm Holiday Coverage; No security guard coverage is required on these holidays, II. USPONSIBILITY OF CONTRACTOR The Contractor will provide security guard officers to service City Hall Monday through Friday. City Hall is closed every other Friday and security guard services are not needed on those days, In addition, provide two security guards for the duration of the regularly scheduled Council Meetings which occur on the first and third Tuesday of the month. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (1R), City of Santa Ana Unarmed Security Guard Services RFP Pege 38 25K -131 TIME SANTA ANA POLICE DEPARTMENT The Santa Ana Police Department is located at 60 Civic Center Plaza, Santa Ana, CA 92701, The property includes an administrative building, Tail facility, three -bay loading dock area, and a two -story parking structure for police and authorized vehicles, The administrative building and jail facility both have public lobbies and restrooms. The restricted area of the facility is walled with three security gates, two of which are used for ingress /egress, The north gate is used as a point of entry by authorized personnel only. The south gate is the main point of entry for all vendors, deliveries, and authorized personnel. Deliveries and vendors are allowed in through this gate during normal business hours, I. SCOPE The City's objective is to enhance security around the peritneter of the Police Headquarters and Jail facility and to control entrance to the facility via the secured south gate. The security guard shall perform the following; • Utilize an electronic device to conduct tour verification and incident reporting. • Monitor and control entrance access to visitors, vendors, deliveries, etc, through the south gate • Issue Visitor and Vendor Parking permits to authorized personnel • Patrol the parking structure and report unauthorized vehicles parked within the facility • watch for irregular or unusual conditions that may create security concerns or safety hazard • Perform roving patrols of exterior building areas The City reserves the option to increase or decrease-the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification. The Santa Ana Police Department will conduct an abbreviated background investigation to supplement the background conducted by Contractor. Shift Coverage: I Security Guard lam to 4pm Monday through Friday Holiday Coverage: Security guard coverage will not be required for Thanksgiving Day, Christmas Day and New Year's Day, All other holidays are at Site Manager discretion. 11. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard full uniform at the secured south gate entrance to the Police Department. Provide a post managemeat system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (M), City of Santa Ana Unarmed Security Guard Services RFP Page 39 25K -132 AS -1 EEI DED SZICURITY FOR ary LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City, Security guard services include immediate security guard coverage due to a security breach at City Hall, special meetings, any of approximately 15 local park clubhouses and community centers, City parking structures, a community learning center, or other City location, Coverage must be provided within one hour for the duration of the period outlined. Clty of Santa ,Nia Unarmed SeouNty Guard Services RFP Page 40 25K -133 0 EXHIBIT B Proposal to Provide Safety and Security Services Submitted to: City of Santa Ana Submitted by: Amy Figueroa -Bearn Business Development Manager 1400 N. Harbor Blvd, 7th Floor, Fullerton, CA 92835 657- 217 -1506, afigueroa @ussecurityassociates.com April 4, 2017 STATEMENT OF CONFIDENTIALITY The enclosed proposal is submitted for review to the addressed recipient and the recipients designated review board in connection with a request for proposal for security services. Unless otherwise stated, enclosed information and attachments submitted are confidential and considered trade secret. This information is not to be shared or disseminated to parties other than the Intended audience. r 1\ .g018 Li �GJ r. A U.S. Security Associates, Inc • www.ussecurityassociates.corn • 866.735.9418 • tnioCdtiies iurtGy 56p„9F g r } im sty 25K -134 zo civic center Plaza, Santa Ana, CA 92701 Dear Ms. Lomeil, Thank you for the opportunity to provide our proposal for the City of Santa Ana. Our mission is to consistently deliver the highest quality, most reliable, cost - effective and friendly safety and security services program, We will achieve this by fully leveraging the best talent, proprietary practices, and exclusive technology to achieve full transparency and compliance, while meeting program goals and reducing your overall business risk. The security Industry is undergoing significant consolidation. Yet overthe past three years, less than 10% of our growth has come from acquisitions, while 90 °% has been driven by organic growth of existing and new clients served. Simply stated, our focus continues to be on getting better, rather than bigger, and investing our management and branch attention (and capital) into client service enhancements and leading edge systems capabilities. U.S. Security Associates (USA) welcomes the opportunity to present to you the many key factors that distinguish us as a leader in the marketplace. This starts with our unique value propesitioN which can be summarized as follows: "OfficerFomesM u DetaFarce"' = Better Outcomes" The care of our mission is to protect your people, assets and brands and to do so in the most Safe. Secure. Friendly.m manner, By combining the best trained, most motivated and highly recognized Security Officers In the industry, with the most robust data- drlven Intelligence, we can achieve the best outcomes (as defined by City of Santa Ana), USA brings deep industry knowledge working with municipalities along with clear accountability and a client- centric approach to provide you with the fullest range of services. With more than two decades of success providing security services to major city facilities across the country, and working with local law enforcement to keep the city's residents, employees, and assets safe, USA is your most capable single source solutions provider. Our company's top priority starts with safety, and we are committed to facilitating the best and most comprehensive safety and security program for the City of Santa Ana. With proven best practices and advanced technology, we seek to better understand the underlying patterns that create risk. Using our proprietary P3 Technology Platformsu and leveraging extensive data sources, we can analyze and optimize in real -time the performance of your security program. To achieve the best customer service experience and outcomes, we commit to provide the City of Santa Ana with the most extensive and on -going Officer training, development and recognition. Our industry exclusive SecurttySTARSsM initiative Is designed to challenge and champion our officers in orderto provide the skills required to meet and exceed yourgoals. We are committed to raising the bar for your security program by anticipating your needs while consistently providing: • The proper staffing, training and supervisory Friendly, dedicated and customer service oversight oriented Officer farce • Insights into any evolving security threats • Data -driven intelligence through the most • Site - specific securitycustemizatlonas risks change advanced, proprietary technology USA understands that this Is a very critical decision, We see a tremendous opportunity for us both to establish a deep partnership focused on achieving the best outcomes for City of Santa Ana, Working together, and with a clear sense of what is required and possible, we can confidently say we are best positioned and aligned organizationally from top to bottom, to meet and exceed your expectations. We welcome any questions and look forward to discussing the merits of our proposal with you. This proposal is valid for 45 days and our bid Is contingent upon our ability to negotiate the terms and conditions of the contract with the City of Santa Ana. Thank you for considering USA. Sincerely, John Muldoon Western Region President 25K -135 Table of Contents ExecutiveSummary ^."..^,^.°°°°.°.,°.°°^^.°.....°~°°,°.^,..°~^.....~..,°°°~°~..,°^^2 Our Leadership Team...°...._~~~ °...._~~"�°"".....,....~.^........2 Our Associates ...~..~—......°.~"..--.~....~.........~._.....°~.,"2 OurTechnology Solution —~°......°.~."~.~....~~.........._....~~......~....3 Our [|ienf`CeMtr[c Culture .~"~...~~..~...,.."°"".,""",.~",,.~."."".".^".°".°.3 About U.S. Security Associates ..~°°°°°°°°^°,°~.°^°°,-~.,..°°~.°°°°°°°.,.°^.°^°4 Value Proposition ~~..°°°°.°^°^°°°°^°°.°^`,~.°^°^^,^~°°°^^.°°°^.°°°,°.~_°^^°°°^.°°5 OfficorFmrcmo" ........................... ^.°^",^^~...~~.°°°°.^.^°°°°°°°°,°.^°^.°°°°°.~~^^^..,6 SourcingTalent .......................... . ......................................................................................................... 6 SelectingTalent ....................................................................................................................... ........... 7 ScreeningTalent .......... ....................................................................................................................... & 0nboarding Talent ."."°."".~.~°°°~. ... —~.~.~.,°.~.~,".~..^^"°"""°"".""."8 Trainingand Development .............................................................................. ............... ................ 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"°°°" .... ......... ~ ............ ........................ .~°."~.~~.~.,... l5 Performance Management °^°°.,,..^^.^^,^~^.^°.~.^^..~...~°°°°,^°°^.°°°^°^^^.°°",°.,18 RelationshipManagement ............ ....... ......................................... ........................................... iR Organization and Management ..................... 19 YourManagement Team .~.......~..^~..~—^".".~",.°",..°""",,,^_~~..~~19 OrganizationChart ..... ........ ~~,~.~~°.~...~ ................................................. ........... .... °°2D Transition ^°°°°°^°~.°~°~^=°°°°°^°^,...^°°°°°°^^^^^^"°,^~~^°°°°^°.^°°^°°°,..^^°^°^°°20 Personnel and Operating Elements ..~..—^.~.~..~.. ................. ..... ..................... ZD TransitionSupport .... ........................................................................................................................ 21 TransitionTirAe||ne ............................................................................................................................ Z1 Pricing.....~....~.°°°°°°°.........~^°°..°°.°.°°°°°°°°°...~~.....~~.,~~~~°23 TheUSA Value ..................................................................................................................................... 23 SecurityPartnership .......................................................................................................................... 24 Holidaysand Overtime .............................. ; ..................................................................................... 24 Billing............................................... — .................................................................................................. Z4 Benefits.................................................................................................................................................. Medicalhnsurance .............................................................................................................................. 5 U.S. �������� 0n@dendo/kfetyund Security Services Proposal ��K� �� � ��K��U ���� Executive Summary U.S. Security Associates (USA) is the leading wholly -owned American full - service safety and security solutions provider. With over 160 locally - responsive offices and over 50,000 dedicated professionals, we offer the most complete array of physical security, remote surveillance and consulting and Investigative services, Our best -in- class talent management practices and enabling technologies have received numerous Independent Industry and association awards for recognition of our outstanding results. At the core of our company's culture is a passion to understand and anticipate the client's needs and to always deliver on our commitments. Additionally, we strive to continuously Improve on the quality of our service by consistently providing the best outcomes and at the greatest economic value. We seek to deliver our services in a premier and differentiated manner in which to mitigate risk and to create the most Safe. Secure. Friendly.® environment for our clients. Our Leadership Team USA's leadership team has the stability, and depth of experience, to assure you that every possible safety or security requirement will be propedy managed to your full satisfaction. By partnering with USA, the City of Santa Ana will continually benefit from the intricate understanding and diverse industry expertise of cur security professionals. The majority of our leadership team consists of industry experts, many retired from extensive tenures within highly respected and revered law enforcement organizations, including local and state police, all branches of the military, and federal agencies such as the Secret Service, CIA, FBI, and DEA. Thus, whenever needed, we are able to bring you security and risk management professionals who specialize in identification and mitigation of today's most pressing threats. This experience and knowledge Is a tremendous asset you will receive as part of our exclusive value proposition. Our Associates USA's team of more than 50,000 Associates is overseen by Harold Underdown, a retired career Navy SEAL Master Chief. As Senior Vice President of Security Force Development, directly reporting to the CEO, Harold has oversight for our industry- exclusive initiative SecuritySTARSs", championing and challenging our Security Officers to achieve the best outcomes. Harold's responsibilities include recruiting, training, and recognition. His skills and experience developing and leading individuals to their highest caliber of competency and discipline enables USA to bring to City of Santa Ana a level of safety and security which is unparalleled. We follow the most stringent procedures to screen every one of our Security Officers to 100% compliance. By carefully selecting, developing and Inspiring the best quality Officers, USA is able to reduce the potential risks or lost productivity associated with improper selection and excess turnover. In addition, USA makes a very significant and ongoing investment in training our Associates to ensure they are the best prepared, most capable, and professional security force in the Industry. ' These talent management drivers, in combination with strategically providing continuous recognition, competitive benefits, and career advancement opportunities, further distinguish our service advantages while leading to a more committed and engaged team with greater employment longevity. We have the depth and breadth of skills, along with industry leading and proven best practices, that best enable us to protect your people, assets, and brands. US. Security Associates, Inc. * 1 Confidential Safety and Security Services Proposal )i 25K -137 Our Technology Solutions USA is taking security intelligence to a new level with our exclusive proprietary P3 Technology Platforms"^. While the industry has evolved to its current "detect and respond" mode of protection, we have moved to the next generation — Prepare. Predict. Prevent.s"' This fundamental shift from age - old descriptive trending to data - driven predictive risk mitigation is market leading within our industry. The power of our P3 Technology Platforms^^ comes from hundreds of data sources that are fed Into a proprietary attribute model, Then, utilizing the most sophisticated data science algorithms, P3s" works to identify patterns most associated with incidents. The technology is then able to recommend and prescribe the best course of action to eliminate or reduce risks. The bottom line — more data driving deeper insights and actions leading to better outcomes for City of Santa Ana, Combining the rower of our P3 rechnology Platform'" with ow highly skilled 5ecunty Of rcers :recces a connected Ofr¢er %-o,ce "" network to reduce rise and oromde beazr'nurcnnree. 'rhe P3 Technology Platforms"" also enables us to provide site - specific recommendations to optimize the deployment of resources, tour routes and frequency, and general safety prevention actions, Furthermore, City of Santa Ana will have the additional real -time capability to benchmark, track compliance results, and evaluate Key Performance Indicators (KPIs) from a web -based portal customized to your requirements. Our Client - Centric Culture USA also distinguishes itself through our management team's immediate accessibility to clients, as we run a very flat organizational structure to ensure expedited response times to your needs. Our site management structure provides a clear path of communication with the key individuals involved with your account, enabling Instant access to branch and regional offices and corporate headquarters to facilitate rapid response and resolution of any safety, security, or customer service needs that may arise. Our client- centric service culture fully supports and empowers the account management teams to make the decisions and commitments necessary to assure your security objectives are achieved. We are proud of our industry- leading client satisfaction and retention rates and know these ratings have to be earned again and again, every single day. U.S. Security Associates, Inc. Confidential Safety and Security Services Pr000sal 25K -138 About U.S. Security Associates USA Is the market - leading full service safety and j. rya security solutions company dedicated to protecting the people, assets, and brands of the City of Santa sanrn a Ana. By providing best•in -class security solutions through our proprietary talent development and innovative technology, vve have earned our reputation to deliver better outcomes tailored to Better outoornes the city's objectives. Vision Mission Brief History to Present Safety Social Responsibility Licenses Our vision Is for USA to be the leader in client satisfaction by providing the most innovative safety and security solutions and being the employer of choice within the communities we serve. Keeping people, property, and information SAFE, with best practices that optimize operational efficiency and cost effectiveness, while successfully protecting our clients' brands and reputations, Delivering on every commitment made to our clients, fellow employees and the communities where we work in order to systematically reduce risk and provide a SECURE environment. Maintaining a FRIENDLY approach to all we do, with mutual respect for every person, so that all of our security and safety personnel are approachable, competent, and helpful. Founded in 1993 by Charles R. Schneider, a former Naval Officer, USA was originally known as Advance Seuirity Engineering, a company with a rich history dating back to 1955. Through a combination of organic growth, geographic and resource expansion, the company's financial strength and market share increases substantially year after year. Now led by President and CEO Richard L. Wyckoff, USA has enjoyed accelerated organic growth, with approximately $1A billion in 2015 revenue, 5,300 clients, over 50,000 Associates, more than 160 offices, and experience In over 100 countries, We prioritize safety as #1 in every realm of our security protocol, from our expansive Officer training course catalog of protective and preventative safety measures, to contingency plans and regular compliance checks. With strict adherence to safety best practices, we optimize operational efficiency and cost effectiveness. USA always strives to do what is best and what is right by actively volunteering with, donating to, and supporting social services organizations in the communities we serve, Our entire team embodies our company's commitment to social responsibility, taking pride in making a positive impact through our many safe, secure, and friendly outreach initiatives. We are fully licensed to work in all 50 of the United States and have vetted partners who are able to work In over 100 countries around the world, including Canada, Mexico, and countries throughout Central America, South Ami U.S. Security Associates, Inc. Confidential Safety and Security Services proposal 25K -139 Value Proposition Our unique value proposition Is determined to provide clear vision, clear strategy, and clear expectations, which can be summarized as follows: OFFICER �� DATA FORCE ,• %� FORCEn = Better Outcomes The first and most important priority in delivering great service is an expertly selected, screened, trained, motivated, and engaged Officerl`orcel"'. Our Security Officers are professionals who represent both USA and City of Santa Ana, We multiply the Impact of our OfficerForcesm by our Datal'orcelm to form a fully Integrated and data - driven security solution. USA offers the next generation of security intelligence technology to provide the most real -time, situationally -aware and compliant platform protecting your people, assets, and brand. Our program for the City of Santa Ana is designed to completely meet and exceed your GSA specific SOW requirements. While operating efficiency and effectiveness are both critical, we also offer thought leadership Insights and exclusive proprietary innovations to continuously maximize city's cost to value. Our proposal will enable City of Santa Ana to achieve better outcomes, including: • Highest levels of service to exceed performance standards • Reduced risks by delivering mandatory Active Shooter training as part of our core pre- assignment training for all Security Officers and Associates • Reduced liability with the most extensive threat management and risk mitigation plans • Improved cost effectiveness, continuous improvement, and best practices • Enhanced quality and compliance transparency • Superior customer service experience and brand ambassadorship • Seamless ability to support current and emerging systems on an independent network We believe that our Officers are our company's most Important resource. To provide you with the best quality of services at the best value, cur value proposition begins with our OftfcerForces "'. This is our dedication to providing the best leadership, best -in -class processes, and competencies in our industry. As an organization, we seek to grow by embracing innovative insights, service offerings, and technologies in orderto create the maximum value for our clients. Utilizing vast amounts of data and data science, we provide a DataForce"I of real -time, transparent, and pro- active recommendations and solutions which optimize resource deployment and reduce risk. Multiplying the value of our OfficerForcel" by the value of our Datal'orces"' equates to our market leading ability to create better outcomes. U.S. Security Associates, Inc. 1 l l Confidential Safety and Security Services Proposal 25K -140 Officei-ForceS4 A highly skilled and dedicated team of Security Officers leads to betterjob performance. To ensure we provide the best service to our clients, we place our top organizational priority on our Security Officers. We are completely committed to their ongoing training, development, and recognition. As a result, we consistently achieve Security Officer turnover rates that are far below the industry average. We credit our successful Officer retention to our emphasis on the following: A connected, in relligent OfficerFan:041 empowered to prevent incidents is part of the USA Value. Security Officer force. — Senior executive champion for OfficerForces'4 — Client specific recruitment — Rigorous screening and selection — Continuous training, development, and recognition — Market- competitive compensation and benefits Through these proven strategies, we are able to provide City of Santa Ana with the most cost - effective, best prepared, most capable, most motivated and engaged We select our Associates with great care because they are our brand. Through best -in -class vetting and hiring processes tailored to the city's needs, we select screen, and hire the most qualified Security Officers with the requisite skills and aptitude to be the best professionals in the industry. We additionally seek brand ambassadors for a world -class customer service culture, where integrity and sincerity are Our highly skilled and essential. Further, we believe appearance and attitude matter. Our engaged'Security. . selection process has been recognized by the Brandon Hall Group OffjcerF creatQ better ' Excellence Awards with a Bronze Award for Best Talent Acquisition Process. ­N101 'utCgR1L1 1y:: IY a+- S. Rszsie- %.�ss3x'a..ka;.';s+i".C� These Human Resources policies and hiring processes allow us to consistently hire and onboard superior Security Officers for qty of Santa Ana. Our policies include: Developing an understanding of your key hiring specifications and culture Vetting and rigorous screening of all candidates to these pre - posted specifications j Providing only Officers that match your requirements and your culture i • Ensuring all candidates have the aptitude and attitude to develop and to serve Sourcing Talent Immediately upon award of your business, key members of our local branch office service teams will visit the city's sites to observe security posts, routes, and the general environment. In addition, we will implement an extensive communications plan focused on making incumbent Officers feel welcomed into the USA family and ensure a smooth transition. Meetings will be conducted with clients at each location to solicit feedback on the current OfficerForcelm, and formal interviews will be conducted to interview properlyand to screen all qualified personnel. Our goal is to minimize disruption to the daily operations and keep the need for external recruiting to a minimum by pro - actively retaining high caliber existing team members. U.S. Security Associates, Inc, Confidential Safety and Security Services Proposal 25K -141 With position descriptions and recruiting plans developed, we will be in a strong position to target the most promising candidates for each position on the team. Key considerations include geographic location, specific skill requirements, and the complexity of the duties required for thejob. We profle individual skill sets and personality, traits to match people to positions where they are most likely to succeed and make a positive impact We prioritize the recruiting sources for each client based on a combination of factors. These include your preferences, the nature of the work,the location, and the recruitment channels that historically have generated the best results in the area. In addition, we utilize hEaMft resources supplemented by regional recruiters to ensure we have ample resources dedicated to filling open posts. Incumbent Personnel With your approval, we start our talent search with your incumbent team. Retaining the site knowledge and experience of incumbent Officers is a top priority. Transitioning Officers must meet the same hiring and background screening requirements as our new recruits, but we extend as much consideration, support, and encouragement as possible to facilitate positive outcomes. Internal Transfers Our local management team will select highly qualified internal candidates for promotional openings that are not filled by incumbent Officers. We are committed to carefully hand - selecting Officers from other sites that fit the client's culture and quality standards. We will leverage our internally developed talent, accessing from SecurltySTARSS'4 certified Officers to bring hlgh - quality internal talent to the City of Santa Ana. By fully leveraging our internal talent, we consistently bring the best, most experienced "USA Way" skills to the client. Selecting Talent USA is an equal opportunity employer. We do not discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, medical condition, disability, veteran status, marital status, or sexual orientation. This policy applies to all areas of employment, including recruitment, hiring, Qualified candidates are training, promotion, compensation, and benefits. interviewed as soon as If there are any unique site or position requirements, these are shared with possible following prospective Associates as well. Candidates who confirm that they meet Confirmation of pre - the basic requirements are asked to provide Identifying information, Including race and sex, for entry into USA's Applicant Tracking System per requirements, with the requirements of the Department of Labor, Office of Federal Contract interviews occurring on the Compliance Programs. spot in some cases.. If the branch employee conducting interviews is available, the candidate is interviewed right away. The interviewer evaluates the applicant's communication skills, appearance, and personal history and determines whether the applicant is a viable candidate for the position. Candidates who meet the pre - qualifying standards are subject to rigorous selection U.S. Security Associates, Inc. * 1 Confidential Safety and Security Services Proposal lc 25K -142 Screening Talent Past Positive® At the core of USA's employment policy is our Past- Positivee Applicant Background Verificatlon System, a key component of our Quality Assurance System. Past - Positive® meets all regulatory hiring and licensing requirements while rejecting unqualified applicants before they can be hired. The system verifies previous educational background, work history, employment references, criminal records, Social Security number, and driver's license validity and ensures that applicable state licensing requirements are met It also validates that all screening checks have been completed, and confirms that the results exceed a defined standard. Background Investigation Our background investigation of each Associate includes the following, at a minimum: • Verification of United States citizenship or authorization to work • Criminal record check • Drug screening program • Contract compliance requirements criminal Record Check All Associates are subject to a seven -year criminal record check performed In all counties of residence, including a Social Security number trace, Social Security number validation, terrorist check sex offender check and federal and national database searches. Drug Screening Proaram USA supports a drug -free environment and we do not tolerate the use and abuse of alcohol or illegal narcotics. Our Drug. Free policy Is clearly stated and rigorously enforced. our drug screening program covers pre - employment drug testing and drug testing for cause after an incident The following types of substances are screened: Alcohol, Cocaine, Amphetamines (speed and other illegal stimulants), Phencyclidine (PCP), Morphine (codeine, morphine, heroin and other opiate derivatives), Tetrahydrocannabinol (THQ (marijuana and other hallucinogens). Contract Compliance Requirements Our minimum qualifications and requirements can be modified through our Contract Compliance program to match the City of Santa Ana's needs as risks and threat conditions mandate. For Instance, we could provide drug tests and /or criminal record checks annually, use a broader -panel drug test, investigate criminal history for a period larger than seven years, etc, Onboarding Talent New candidates will be thoroughly vetted in accordance with our thorough recruiting and screening processes. All candidates are vetted with City of Santa Ana screening expectations and specifications in mind. Meet and greets will also be granted with city stakeholders, to ensure there is a good fit and familiarity with the site requirements. Transitioning incumbent Officers must pass our standard background screening processes before assuming their current duties for the client New information and procedures are detailed in a town hall forum for larger sites, and branch open houses for smaller sites where transltioning incumbent Officers can be officially welcomed into the USA family. They are provided a package of information outlining our company values, mission, and important policies. In order to avoid potential training gaps, all personnel assigned to the client's account will be trained to the same level — including incumbents. From Security officer Basic Trai ning to Active Shooter and specialized armed training every Associate will be required to fu Ifil I the same training requirements prior to and during assignment as a new Associate would be required to complete, US. Security Associates, Inc. * * 1 Confidential Safety and Security Services Proposal 7C 25K -143 Training and Development As the dynamics of the security industry change, the need for highly educated security personnel equipped with the best training is increasing. USA provides that through SecuritySTARS111. S TARS„ SecuritySTARSsm is the cornerstone of USA's mission to provide our clients with the most Safe. Secure. Friendly.' environments. An industry exclusive strategic initiative focusing on continuing education, skill development, and career advancement, SecuritySTARSsm ensures that our Officers are the best prepared in the industry and have the knowledge and the required skills to consistently deliver superior job performance, while at the same time increasing Officer engagement and retention. We believe that our ongoing continuous learning investment in our Officers is also an investment in the City of Santa Ana. Secuf tySTARS11 further ensures we will provide you with the best trained Security Officers who demonstrate skills in professional, friendly, and safe environments. SecuritySTARSs"^ also acts as a development tool which enables our Security Officers to build a reputation of excellence for themselves and to grow their careers. By focusing our attention on the careers of our Security Officers and giving them goals to achieve, SecurftySTARSsm leads to reduced turnover and better officer retention, excellent customer service, and the highest levels of professionalism. SecuritySTARSSM provides you with the peace of mind of knowing continuously improving Security Officers are always on thejob. The effort and impact Security Officers put toward their security training and sharpening their skills is recognized by the STARS we pin on their uniforms. Security Officers are awarded one to five STARS dependent upon their level of completion along their SecuritySTARSs" development path. Each level requires a combination of core training, client- specific training, demonstrated proficiency, and tenure. Our industry exclusive .training, :development, and recognition inttiativeenables•: our Sepur pfE�cers Eo ': i is ��,'d� RA There are five ascending levels of achievement with STARS awarded upon successful completion of training components, along with tenure and Supervisor recommendation. Pins denoting Officer level completion provide clients, Associates, and visitors alike the ability to Immediately recognize Security Officers' professional achievements. U.S. Security Associates, Inc. 1 1 Confidential So feiy and Security Services Proposai 7f 7c 25K -144 4 Stnr.AChtevad after 24 mentlu, aMcarf campta, volunpry ualnlns antl aead at lob. rnndldalerer Sup"Mot"iab. 2 Stan Adduved after 9 reantha. affiwv must tomplate eddidonal trearr, end eafel of Jae faeponaihliitlae. Security Officers can achieve up tof"ve levels of STARS along their development paths. At each level, we provide industry exclusive courses through our USA Security Academy that continuously reinforces our core values Safe. Secure. Frlendly.e Additionally, we will work with the client to develop any unique and customized curriculum of courses for each level of SecuritATARSsN based around the specific requirements of each client site. Additionally, SecurltySTARSsM Is a comprehensive ongoing progressive training, development and recognition Initiative that continually evaluates the mastery of training content and application of the skills and knowledge to the job. Through structured courses and structured coaching, USA views training as a continuous and integral part of our Associates' job responsibilities. An example of the "core" mandatory program is summarized below. LE I VEL GENERAL sAFE SECURE FRIENDLY FUSl90 inmetbA sen'tyS llvdoo Jworhphce&aidy: Sups, TO-end Fair JAplhe ShaGler.. 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SecuntySTARS';, Ssrudtys "ARV'-' Rnndmc n to U.S. Security Associates, Inc. 1 Confidential Safety and Security Services Proposal 7e 25K -145 Award - Winning Training Our training content consistently evolves to meet new threats facing our clients. For example, recognizing the Increased threat of workplace violence, we developed and rolled out a mandatory Active Shooter training module. Since then, 100% of our security force has completed the program. V' Trd USA is the only security company to receive BEST recognition from ATO. As the only company within the security industry to be the recipient of the renowned ATD BEST Award, USA provides proven talent development programs which will create maximum value for the City of Santa Ana. According to ATD's philosophy, this award recognizes employee talent development that directly correlates to demonstrated enterpdse-wide success. USA has received this award three times in recognition of our training and development methodologies, practices, and proprietary training delivery innovation. USA has also received other distinguishing honors for our training and development. Notably, USA has been named among Training magazine's Top 125 training companies every=since= Training magazine awards "organizations with the most successful learning and development programs in the world." Additionally, we have been ranked among Chief Learning Officer magazine's Gold Learning Elite. These awards and recognition confirm for the City of Santa Ana that you will receive superior trained Security Officers. USA Security Academy The USA Security Academy trains all of our Associates every year via a live training platform from our state -of- the -art training studio. USA conducts dally Security Officer Basic Training (SOBT) sessions to support our client's needs for a highly- quallfied Officer lit Force. Professional USA Security Academy trainers use two -way video and voice collaboration over the Internet to delivertraining of everytype, including SORT, custom - developed contract - specific content, supervisory training, and administrative and Out r in-house USA 5erurity Acadtmy management programs. customizes training USA Security Academy leverages technology to deliver centralized, consistent for clients, comprehensive training through live, interactive training programs. There are a variety of eLearning platforms available through USA Security Academy. Virtual Classroom Training Web -Based Training (tMS — Learning Management System) - Our LMS is at the forefront of technology in learning content delivery and will allow us to quickly deploy our training across all of our branches and client locations, including our International footprints. Other Delivery Methods - Where necessary, we also offer thumb drives with printable tests and answer keys for hand grading for use In very remote areas where no technology is available. U.S. Security Associates, Inc. Confidential Safety and Security Servlcesproposal 25K -146 Pre - Assignment Training Successful completion of pre - assignment training is a condition of employment. In addition, all Associates are required to complete training in Active Shooter and enroll in SecurifySTARSs`. This foundation of training and development assures that all new Associates are an the same page, and that there is a clear understanding of our "USA Way" of delivering better outcomes. USA requires a minimum of eight hours of pre- assignment training, delivered live through USA Security Academy Security Officer Basic Training (SORT) in most states. Our mandatory SOBT Instills a fundamental working knowledge of the Officer's responsibilities, reduces on-site errors and Improves productivity. All Officer candidates must pass testing on all 12 units of the SORT training to be eligible for employment, Candidates who fail SOBT testing on any module cannot be hired. US. Security Associates, Inc. 1 Confidential Safety and Security Services Proposal 7C 25K -147 Security officer Basic Tnining .: Module 3 Define common vocabulary and develop a basic understanding of Industry practices; identify Introduction to Security qualities of a'sharp" Officer and common duties of USA Officers. Module 2 Focus on standard security and USA policies and procedures, including problem resolution, Policies and Procedures absenteeism and tardiness, call -offs, Injury avoidance, and proper behavior. Module 3 Define and recognize sexual harassment based on the two legally recognized categories and Sexual Harassment the three types of harassment; learn reporting procedures for harassment incidents. Mrxlufa 4 Identify main causes of accidents and injuries In the workplace, provide practical techniques Workplace Safety for preventing accidents and inju des, and emphasize importance of creating culture of safety. Module 5 Professional Conduct & Understand basic principles of professionalism, including importance of policies and ' Professionalism procedures; establish Cade of Ethics and maintain the Importance of ethical behavior. Module 8 Legal Authority and Liabil Ity Explain authority and standards of arrests for USA Officers; determine use -ef• force Aspects guidelines; define and explain types of liability. Reports are the main source of communication between the Security Officer, the company and dient management therefore It is very Important that all reports are effective, dear, Module 7 concise, professional and well written in terms of the 'Who, What When, Where, Why and Report Writing How" elements. This unit provides the Associate with the necessary tools to write effective reports via proper field note taking etiquette, characteristics of a good report and a list of information needed for every report. Module 8 Identify the components of a typical site security system; learn the significance of 'defense Introduction to Physical Security in depth "; Identify the types and purposes of barriers, fencing, CCTV systems, alarm systems, lighting, access control system$ and more. Module 9 Deflne and establish Importance of fixed pouts and patrols; establish awareness, observation, Fixed Posts and Patrols and perception techniques. Module to Establish procedures for medical, fire, and natural emergencies, as well as response to bomb Emergency Situations th reats. Module 11 Prepare for an active shooter situation, including understanding the characteristics and Active Shooter behavior of active shooters; learn haw to protect yourself and the people you serve in an active shooter situation; learn how to assist law enforcement Module 12 Identify types of terrorists and terrorist organizations and learn how they attack; learn how to And- Terrorism recognize and respond properly to terrorist threats such as bomb, chemical, and biological; iderdiry counter measures for crime and terrorism prevention. _ US. Security Associates, Inc. 1 Confidential Safety and Security Services Proposal 7C 25K -147 DataForces"I The P3 Technology Platforms^' (P351A) is a fully integrated intelligence system providing the next generation of security technology. P35" is designed to Prepare. Predict. PreveaLs" Incidents, thus creating better outcomes for the City of Santa Ana. Underlying the architecture of the DataForce5A° is the convergence of data, algorithms and workflows. Each element provides a significant impact on our ability to identify issues before they occur, and to be able to prescribe and deliver dynamic post orders (or tour routes) to optimize for better outcomes. In today's environment, more data Is being generated than ever before. According to Ginni Rometty, CEO of IBM, "In the past two years more data has been generated than in the history of the world," Thus, the question is what are we doing with that data? Historically, data has been collected, filed and at times extrapolated to develop trend analysis. This type of descriptive "trend is your friend" analysis is not today's best way of reducing safety and security risks. P3s"t uses hundreds of sources of data which are fed into our proprietary attribute model in order to collect the most robust array of information available including, for example; • Security Officers Q.e., background, training, work experience, recruiting source, work performance history) No 1P N Our OntaForce` ^' allows us to preparefor incident,, predict when and where they wilt occur, and prevent them. • Site Specific (Le„ location characteristics, surrounding area demographics, crime statistics, incident history, daily activity reports, and observations) • Industry (i.e., vertical market) While the industry is currently in a "detect and respond" mode of protection, we have moved to the next generation of better preparing our officers and clients to 'predict and prevent" Incidents. It is notsimply about the technology, but aboutthe data insight thattechnology can prescriptively deliver. This shiftfrom describing Incidents to one of predicting and preventing risk capability is market - leading in our Industry. The power of our P3 Technology Platforms"I comes from hundreds of data sources that are collected in our proprietary security attribute model. Then, utilizing the most sophisticated data science algorithms, we seek to Identify patterns most commonly associated with incidents. This process enables us to recommend post orders and dynamic tour schedules and routes to mitigate risks, More data drives better intelligence which leads to better outcomes. The Four Pillars of PPA Consisting of four pillars, P3 Portal`, P3 Mobiles"', P3 Remotes"', and P3 Roboticss`v, our P3 Technology Platformlm works in concert together with our securityteam to provide a fully integrated real -time intelligence program. Portal Mobile Remote Robotics r 1tE1te f �rF, SFerk[ Four pittars make up our PI Technotr qy U.S. Security Associates, Inc. Confidentfal Safety and Security Services Proposo 25K -148 This optimal blend of technology and Security Officers mitigates risks and contributes positively to your mission while maximizing the value and cost - effectiveness of your security program. Details of each pillar's unique and customizable features are highlighted in the following pages. P3 Portalsm P3 Portals"^ is the most powerful security intelligence management dashboard available in the industry. Real - time City of Santa Ana security team generated information is constantly streamed from P3 Mobiles'", such as background screening, training and certification, overtime, retention, turnover, uniform compliance, security meetings, satisfaction surveys, tour results, incidents, post orders, and Invoice accuracy. With centralized performance data, Instant analysis, and around the clock access by web or mobile device, P3 PortalsM delivers full disclosure to our clients. What's going on behind the scenes is front and center on the portal. Key features include: — Transparency of operations Portal — Easy access — Activity details — Multl -media data — Variety of customizable viewing options "^ y_. -- Centralization of all security operations Our customizable design, combined with sophisticated charts and graphs, makes viewing security operations simple for client stakeholders. Personalization is easy,, with a click of a button, the client can configure the P3 PortalsM dashboard to show any site location and inspect data In great detail. Just by clicking on reports and other various data points, further detailed information is displayed. The dashboard allows you to instantly drill into the data to learn more detail on any aspect of your security team's performance and tun customized reports, including: — Tourresults — Incidents — Officer movement — Heat maps — Training and certification — Security meetings — Post orders — Satisfaction surveys — Background screening — Overtime — Turnover and retention — Compliance — KPI tracking Graphs andcharts an be drilled down to see specificanclysis at run reports on any facet of your security operations U.S. Security Associates, Inc. Confidential Safety and Security Servlces Proposal 25K -149 ... .�yy Graphs andcharts an be drilled down to see specificanclysis at run reports on any facet of your security operations U.S. Security Associates, Inc. Confidential Safety and Security Servlces Proposal 25K -149 Through transparency and full disclosure, P3 Portalsm serves as bgth I romplianc e and, a continuous Improvement performance 've. These tools enable us to set a higher expectation of performance and accountab(llty, no longer tracked monthly or weekly but immediately and always. ��I u ,•_ Noma IncldentTypes (City of Santa Ana) . r 11[NG Nom, OmvJMYm„a Q 1NOO CTB Ml,uu �"� VOMPa' � q� "�� • r� W%:GlIGN3 y l°J "EP4`am eWwSlm � —.— rnf ....• tii /OMN Incidents, 30 Days (City of Santa Ana) Wdents, Lat 30 aeya e.mm�n P ;Portal`" off rso shenmifned, easy -to-use lookntyour entiresecu!irypragrnm. P3 Portallm servers have ample capacity and are highly secure and reliable. Data is encrypted and a 2 -step verification process ensures that the only individuals that can view a client's security operations are the authorized client and the USA management team working with them. These authorized views can be modified by user profile, providing you the flexibility and confidentiality to manage to your specific organizational requirements, We perform weekly Internal and external scans as well as annual security audits by outside firms to ensure our servers and client information are always secure. P3 MobileS4 P3 MobilesM connects our Officer force to a real -time Intelligence officer Networklm "giving and getting" data streams to ensure Immediate situation management. The customizable modules enable Our Security Officers to stay informed of all possible threats and to communicate vital site data for actions, records, and analysis. Some of the functionality includes: — Incident management — Report observation — Perform safety inspections — Situationally specialized post orders — Deliver operational efficiency — Fire extinguisher checks — Dynamically routed tours — Transparency of compliance U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -150 Mobile Information from P3 Mobiles"' feeds Information Into the P3 Portals'. Voice to data capability further assures your Officers are "heads up" to capture and manage any security issue, P3 Mobiles"' contains customizable modules which connect our OfficerForce5m to our data - driven technology. The following pages highlight how each module is designed to reduce the City of Santa Ana's security risks, improve efficiencies, and minimize associated costs. Screen shot /mm the Pt Portal"' shawray a heat map of o diem's multi ,ite corneas and Of�i:erPora "' achvrt y tracked through Pj Wob,Wl Intelligent officer Network"' Through P3 Mobllelm, our Security Officers are connected to the site command center, to the Portal, and to each other. This constant communication forms a network capacity of intelligence that creates the ability to prepare for Incidents, predict when they will occur, and to take the necessary steps to prevent them from happening.Ourintelligent Officer Networks"' capability speeds up communication, allocation of resources, and responsiveness — reducing the safety and security risks to your business, Dynamic Tours In the security industry, the same questions pop up over and over again with regard to Security Officer tours. • Are Officers performing their patrols? • Are they performing them on time and visiting every location required? • Are they recording their findings? • Are they leaving time or space gaps in their patrols? • .U= 'mportantl y are they in the right place at the right time? In addition to answering these basic questions, the P31m Tours module uses data - driven intelligence regarding the frequency, location, and severity of various threat risks to position our Officers in the right place, at the right time, to prevent an incident from occurring, The P31" Tours module is also a remote monitoring tool that gives you peace of mind knowing that Security Officers are touring facilities on time, every time. The P31m Tours module gives you the assurance that every site is being properly managed and attended and required data is being recorded and reported, in real -time and always. U.S. Security Associates, Inc. Confidential Safety and Security Services proposal 25K -151 Incident Management Committed to providing the most safe and secure environments, we recognized that often times Security Officers spend too much time writing reports and not enough time on tours or monitoring post positions. To minimize the time of report writing and prevent errors and omission of key details, we developed the P3511 Incidents module capability to keep Officers on the go. This module empowers our Security Officers, allowing them to manage incidents on -site and ensure reports effectively capture vital details. The P3sM Incidents module has the following capabilities: Easy drop -down prompts guide Officers to submit key Incident data and photos completely and accurately • Compiles data for analysis by site or roll -up • Streams real -time incident reporting directly to P3 Portals "' for viewing and analysis • Notifies management for corrective action • Voice to text capability to minimize errors and speed up data capture Officers mitigate nsk by identgying hazards, responding immediately. mid resolving the hazard before an incident can occur. The 15311' Incidents module also empowers the City of Santa Ana to track Incident history and trends so you are able to optimize threat management strategies to reduce not only safety risks, but also significantly reduce liability and litigation and case management costs. Fire Ft Safety Inspections Many companies spend millions of dollars each year on workers' compensation claims due to hazardous conditions around their facilities. We can implement our fire extinguisher audit capabilities on our P3 Mobilesm system and save the City the cost of hiring and managing an outside contractor. As a full- service safety and security solutions provider, we enable our Security Officers with the P3s^" Fire & Safety module, offering an U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -152 additional layer of safety, ensuring all your equipment, such as fire extinguishers, AEDs, and first aid kits, are fully functional and compliant. The P3511 Fire & Safety module can: • Identify and resolve hazards • Be programmed with instructions and prompts • Begin Incident resolution and process initiation • Record safety equipment inspection and tracking • Customize inspections based on client needs and defined schedules The P3'm Fire & Safety module boosts accountability by removing the possibility of human error wherever possible with reminders, step -by -step instruction prompts, real -time documentation, and instant alerts if malfunctions or irregularities are identified. The P35m Fire & Safety module Is a perfect example of our exclusive technology engineering for clients' needs to Increase value and reduce costs. Performance Management Relationship Management For successful resolution of Of can rhea fire extrnguishers, AED, emergency call boxes, cniergency5how,n5, and more. security challenges, we place heightened focus on nurturing the relationship between the City of Santa Ana and our company. Through this relationship, we set the stage for world -class customer service and employee engagement. We cultivate an open dialogue from the outset of the contract to understand your culture, key business objectives, value drivers, and organizational priorities. We build strong customer relationships with the help of proprietary technology to dramatically reduce service issues, meet expectations and evolve with We offer a full range of performance management options that can be accessed in the P3 PortalsM. For example: — Customizable red - yellow -green scorecards — Heat maps showing times, frequency and severity of incidents — Bread - crumbs following Officer movement in real -time — Compliance metrics benchmarking across multiple sites, and enterprise view — Regular review meetings to keep tabs on key metrics — Formal enterprise roll -up analysis presented as needed U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -153 Accountability Our exclusive Responsive Managements"' system helps to ensure that scheduled contacts and meetings take place according to the communication plan agreed upon during transition. Most importantly, status reports are up -to -date and immediately available for review in the P3 Portals"". screpances, is reef eve o accounta ! Ly eeps ie teams cuse , proactive and aligned to avoid delays In resolution. Through these inherent checks and balances, we keep a closed o0 on our accountability °o P °nw professes to drive continuous improvement every day, Organization and Management Your Management Team USA has a strong local leadership team dedicated to the City of Santa Ana, including: Manager Name Title Brief History Responsive Managements" has built -in accountability that ensures we Pc communicate with your representatives according to the agreed -upon aNe rKee schedule, document concerns and Issues, and follow through to resolution, t� `&'l It. Branch and site management strive to avoid communication failures and tr aa°penAVa Regional Director, the resultant executive escalations. Our accountability to action plans and Menegwnant =a M°nolwnn.t commitments made in meetings quickly reveals any misunderstandings or N Al I Th' Al 1 1 f b'I' k f' Id f d screpances, is reef eve o accounta ! Ly eeps ie teams cuse , proactive and aligned to avoid delays In resolution. Through these inherent checks and balances, we keep a closed o0 on our accountability °o P °nw professes to drive continuous improvement every day, Organization and Management Your Management Team USA has a strong local leadership team dedicated to the City of Santa Ana, including: Manager Name Title Brief History Matthew Crosswhite Branch Manager, Over 5 years of security experience and 6 years in the P, Orange County Army National Guard. He manages branch operations for the Orange County office. `&'l It. Edward Ruvalcaba Regional Director, Over 5 years of security industry experience and 24 Operations years in the U.S, Army, Ed oversees all 24 Western N Region branch operations. Erik Fields Area Vice President Over 6 years in the security industry. Based In Fullerton, Erik oversees the operations of several Southern CA branch offices. John Muldoon Region President Over20 years In the security industry. Based in Fullerton, HJohn overseen the operations for the Western Division. Lindsay King Director of Oversees Implementation and training of technology r Technology for clients and officers. AmyFlgueroa -Bearn Business Partners with clients to cultivate your partnership with Development USA and demonstrate value. Manager U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -154 Single Point of Contact - Account Manager When multiple sites are covered under the contract, one -call communication of critical issues is vitally important for quality control across the entire enterprise. We will designate one of our most experienced security professionals as your Account Manager to serve as your single point of contact The Account Manager will be your primary point of escalation, leveraging all available resources to guarantee responsive management of any service issues or requests. They will plan transition activities with all stakeholders to assure consistency of execution and implementation. As your single point of contact, the Account Manager will serve as the ambassador for the entire contract, assuring contract compliance and performance delivery that exceeds expectations. Organization Chart Account Manager f« Security Transition Pp �•Vr Y 13RANCH POINT OF CONTACT Matthew CrosswNRe (1U °6) Branch MaeageP _.. .. ............... rays Contar Training Tech Quality Assurance Log. ;, Resources Contmc USA executes each site transition in accordance with our proven strategic integration model. our model is designed to achieve a seamless transfer of operations, retain qualified talent, and form the basis for a close, working relationship between our accountteram and your representatives. Ourbest -in -class model has evolved over decades, based on lessons learned through thousands of site start -ups, and is continuously improving and refining to incorporate new best practices. Personnel and Operating Elements USA has the personnel and operating elements required to perform the security services for the City of Santa Ana. What we simply require from you Is your commitment to a communication plan and vour increased supervisory oversight during the transition. U.S. Security Associates, inc, * 1 Confidential Safety and Security Services Proposal D� 25K -155 We believe that we are uniquely qualified to provide a seamless transition as follows: — A team with proven demonstrated knowledge and complete understanding of the industry and operating environment — A seasoned and stable management team that has direct experience successfully managing similar programs — An organization that has recognized best -in -class programs in place to recruit, screen, hire, train, and retain quality Security Officers — A comprehensive training and ongoing development program that extracts the best performance from our Associates Transition Support One of the keys to a successful transition is the development and execution of a comprehensive communication plan. Through the combined experience of many similar transitions, USA has developed a communication strategy that simplifies the inherent complexity of implementing a new security platform across multiple sites. Our communication plan includes the following basic elements to facilitate full coordination of effort — Transition team contact list and clear definition of responsibilities Defined levels, formats, and timeline of communication for all transition team members and account management, both City of Santa Ana and USA Weekly all-inclusive conference calls with client representatives to review Gantt chart tasks and milestone statuses — 2x weekly internal conference calls to review completed items and address immediate mitigation plans for risks and /or issues issues Matrix to identify and track anticipated and unforeseen complexities or concerns Risk Assessment (Severity x Frequency x Likelihood to Occur) to Identify possible risks that could impact transition timeline Contingency Plan to proactively develop workarounds for issues identified in the Risk Assessment — Other as determined by City of Santa Ana Transition Timeline Proiect Schedule and Expectations The Transltion Plan outlined below describes the processes we will use to provide all staff and services necessary to fulfill all SOW tasks. The goal of the Transition Plan is to ensure zero degradation of the security protection services during the change and to achieve all the benefits of the new program.' We have taken a proactive approach to post schedules and staffing, so that our operations team may have the flexibility necessary to ensure consistency in service capabilities across all sites across the.entire contract This scheduling methodology and our staffing approach is fully consistent with our current approach for staffing Execute contract .Appoint transition team .. _ .. 2 2 May May 18th 18th Exec Exec U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -156 1 1 1 2 May May June June 25th 25th 8th 15th I Conduct Initial Tannin meetin ... _. planning _3. __..._ _ ... All Tour operations ... O,s .OP Review post orders Review policies _ O s ........... Review safety plan cps " .Review,ernergencyprocedures Rev {ew staffing requirements ....... _ _ .._...._._ HR..... . Review training requirements ]dentlry your vacation policy F&A Identify.pedal billing instructions F&A, Review uniform. requirements Proc Review equipment requirements Proc IdentiJkli requirements Prac _ Identify systems to be Integrated - Proc Update post orders 0 s _ Update policies _. CPS P Update safety plan cps __... Update emergency procedures. O s . Createsijeschedules /assignments Ops Develop position descriptions, _ HR Recruit incumbent officers _ HR m�$'"�'.#sjt Plan/ execute general recrurtlng _ HR Conduct candidate interviews _ HR Conduct backg ound screening HR & -T% Conduct drug tests HR _ ^� xg Select site leadership _ _ HR v"3 "y` Selectofficers HR (wtsL�.."- Establish pre assignment training,program L&D. +i Create trainingechedule L &D Execute pre assgnment tralnmg L &D _ Create/ execute cross - training plan Conduct Ol7traimng___.., „ L &D Develop In- service training Setupyouraccountin USArystem.. F&A 'r?rbr Enter employees Into system for payroll_ _ F&A Send deduction Information to HR _ F&A Set up vacation accrual" F&A Setup, fixed,billing (vehldes, radics, Ins, etc.) ,.. . .._. _ E &A Verify billing frequenq F&A ` - _ Verify pay and bill rates pgy Setu edalbllling. _ _.P s P F&A Order equipment_ _ pro Order uniforms Proc Receive and test equipment _ - Proc Receive uniforms Proc Issue.uni(orms and equipment, ....._.._ ..... Proc . Set up Integrated R systems _ Proc Establish performance met rla Cps Progress review with ycurrepresen tat'ves Ops Managers mpnitoring cps on site 0 s U.S. Security Associates, Inc. Confidential Safety and Security Services Proposat 25K -157 � .. . qW 'sh,+ s'. Pricing The USA Value How much does your security really cost? How do you calculate It? Do you only consider the cost of security personnel? Do you multiply the cost of your security personnel times the cost of your investments in protection technology? — Did you remember to factor in the cost of turnover and time lost to onboarding? — What about the cost of claims and liability due to accidents, slips, trips or falls? — What about theft and loss? — What about cost incurred from the loss of customers due to poor customer service or lack of expertise from your Security Officers? a security Staff s Theft Accidents a Technology Investments c Turnover cost • Lose of Casio man and Reputatlon We comhiera variety of costs when considenng fhe a ctiveness of our securityprograms. These questions are Important factors in considering the Total Value to Protect5m (NP) your people, assets and brands. We believe in an Integrated solution that prevents incidents from ever occurring and reduces the risk (and Incurred costs). A reduction in quantifiable costs such as loss, liability claims, turnover, accidents and, the most difficult to measure, loss of customers and reputation, is an enormous value oursecurlty solutions are able to provide the City of Santa Ana. In addition, our ongoing commitment to Officer development and Innovation ensures your program is always the best in the market. USA is completely committed to establishing a long -term and mutually successful partnership with City of Santa Ana. USA provides you Mth the We believe we are the best choice because we offer the best quality of service hest Total Value to Protpct°41 with the most complete range of services at the best overall value. Our data driven intelligence and best -in -class technology and talent management ensures you will have the most current practices applied to create the best outcomes. Emergency response, disaster recovery, active shooter training, investigations, and special events are just a few of the many examples of our complete offering of services available to you, U.S. Security Associates, Inc. Conftdentlat Sa/ety and Securlty Services Proposal 25K -158 Security Partnership Our company's priorities are: To enhance the City's safety and security program in order to meet your current and future needs As such, we have provided our technical and pricing package to deliver to you the most value possible, while continuing to enhance your overall program, Our response was written to ensure you have the most cost - competitive and greatest value proposal available, and that you will be compelled to select us to be your exclusive partner. We recognize this Is a very Important decision. In order to move forward, and to gain the benefits of our proposal, we encourage you to reflect upon the total value offered by choosing USA as your security partner. We can confidently say we are positioned well, and aligned organizationally from top to bottom to best meet and exceed your expectations. Holidays and Overtime Best Value for your Security Dollar: 1. Relationship focused and accountable for our performance results 2 Transparent operations and full compliance 3. Quality- driven processes and technology -based insights 4. Deep expertise and broadest - spectrum of service capabilities All USA Officers who work on the following holidays, and any holidays designated by the client, are compensated at 1.5 times their regular hourly wage: New Year's Day; Martin Luther King Jr.'s Birthday, President's Day, Memorial Day, Independence Day; Labor Day; Veteran's Day, Thanksgiving Day; the Friday following Thanksgiving; lastworking day before Christmas Day; and Christmas Day. We bill at premium rates (1.5 times the regular hourly rate) for client- requested overtime with less than 24 hours' notice. We also bill at the premium rate to deploy additional Officers with less than 24 hours' notice. We can provide additional Officers at the straight time rate with enough notice to prepare schedules that do not require overtime. Billing Billing is scheduled on a weekly basis. invoices include line -item entries for all costs, including our rates, Officer wages, overtime and all other expenses incurred. Payments are due within 45 days of the billing date. Benefits USA has developed a comprehensive offering of benefits and incentives to attract At 36 %, our turnover promising candidates and promote retention of qualified, experienced Officers. Even at rate Is a more the recruiting stages, we seek to minimize future turnover by representing our position fraction of the openings as career opportunities, with a clear path for advancement through training industry average. and development that is available only to those who meet exacting hiring criteria. We follow stringent procedures to select high - integrity candidates, thoughtfully match competencies to assignments, and then diligently Instill the knowledge and skill sets for success. These retention drivers, In combination with strategically selected benefits and industry- leading incentives, strengthen our security programs with the advantages afforded bystaffing continultyand longevity. We have maintained a company- wide Security Officer turnover rate of 36% or less for more than five years, compared to an industry average that exceeds 100 %, according to research by the Freedonia Group. Our benefits program is structured to provide you with maximum flexibility to balance coverage, retention, and budget concerns. U.S. Security Associates, Inc. 1 Confidential Safety and SecurflyservtcesProposal X 25K -159 Medical Insurance All full -time USA Officers have a choice of two medical providers. Anthem and Century Health Care (CHC) are the providers available to all full -time, USA Officers who work 30 or more hours per week. Coverage is effective the first of the month following 60 days of service. Details of the plans offered will be provided upon request Additional Benefits Paid Time Off —We pay overtime for hours worked on holidays, and we provide sick time to full -time Security Officers. Our specific plans are subject to differences in local laws, regulations, and Collective Bargaining Agreements. 401K Retirement Savings Plan — After six months of service, Officers may choose to make contributions to the Plan of up to 100% of eligible pay (up to $18,000 In 2D17 or $24,000 If the Officer is age 50 or older orwill be 50 by the end of 2017). Other than in the event of allowed financial hardships, money can only be withdrawn upon termination of employment, permanent disability, death or retirement. Tax -free flexible spending plans— USA offers tax -free flexible spending accounts through which Associates can allocate pre -tax dollars for medical expenses and other qualified purchases. Tuition Reimbursement & Discounts — Associates pursuing a degree in an approved course of study can receive reimbursement for tuition and books with qualifying grades. USA's Associates can take advantage of discounted tuition fees, thanks to the company's partnerships with DeVry University and the University of Phoenix. Uniforms — As SecuritySTARSSM, our Security Officers are expected to report for duty In a uniform that fits our three C criteria — Clean, Crisp and Complete. Security Officers are provided consistently branded uniforms that are offered in a variety of styles to present a sharp, professional appearance at the City of Santa Ana sites that fit your standards. We tailor our uniforms to fit client specifications and have a range of styles and options to choose from to ensure that our Security Officers project your desired impression. We offer outerwear and optional accessories to attend to unique scenarios and seasonal and regional variations, such as sweaters, windbreakers, rainjackets, reflective vests, footwear, gloves and hats. The following are a few of our most popular options of uniform. — Concierge, a professional, corporate style perfect for optimal customer service that Includes blazer, tie, and a crisp, starched shirt. — Classic, this traditional Security Officer style presents a professionally dressed Officer with the following components and options. — Polo, this traditional polo -based style is perfect for event staffing or compliments a more casual office environments _ U.S. Security Associates, Inc. Confidential Safety and Security Services Proposal 25K -160 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES AT VARIOUS CITY FACILITIES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that 1 have read, understand and agree to the terms and conditions of this Request for Proposals, I have examined the Scope of Services ( Cxhibit A) and am familiar with the scope Of work locations. l am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission ormy proposal. Proposal Item Price - Pricing shall be based on a total monthly cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, equipment and incidental supplies, holidays, etc. Pricing Sheet Per Location LINE DESCRIPTION QUANTITY UNIT QUANTITY UNIT PRICE ANNUAL PRICE 1 Santa Ana Regional Trans ortatica Center I Month 12 $21,678.41 $260,140.92 $ - -•- -- FiourE Rate- Guard (For additional hours if requested) $23.71 $----- -- - - -- Hourly Rate- Supervisor (For additional hours if re uested) $25,48 2 City Hall 1 Month 12 $31,169.75 $374,037.00 $_-----Hourly Rate. Guard (For additional hours If requested) $23.71 $--- - -• --- Hourly Rate- Su ervisor Tor additional hours if requested) $25.48 3 Corporate Yard 1 Manth 12 $10,502.79 $126,033.48 $---------- Hourly Rate- Guard (For additional flours if requested) $23.71 Rate - Supervisor (For additional City or Santa Ana Unarmed Securlly Guard Services RFP Page 41 25K -161 $---------- Hourly Rate- Guard (For additional hours if re nested ) $23.71 Rate - Guard (For additional hours if requested) $23.71 $-- -- ....... Hourly Rate. Guard (For additional hours if requesteg) $25.71 $----- - - - - -- Hourly Rate- Guard (Tor additional hours if requested) $23.71 C... _ ...... Pmply Anre. Simervianr rRnr nddltinnol hnmx Ifreanectedl P25.41t i 8 Birch Parlc 1 Moutlt 1'L $1,780.13 $21,361.56 $---------- Hourly Rate - Guard (For additional hours if requested) $23.71 $----------- Hourly Rate- Suporvisor (Nor additionai hours if requested) $25,48 9 Sauta Ana rotice Departmeut 1 Month 12 $4,109.73 $49,316.7( $-------- --Hourly Rate- Guard (For additional hours if requested) $23.71 $----- - - - - -- Hourly Rate. Supervisor (For additional hours if requested) $25.48 Total Contract Amount (Add Lines 1 thru 9)I $1,131,73 City of Santa Ana Unarmed Socurhy Guard Gervlces RFP Page 42 25K -162 1,00 U.S. Security Associates, Ina, 714. 203.6384 main 9, 714.770.0150 thx LEGALNAMEOa FCOMPANY — PEIONN ANA FAX j 1400 N. Harbor Blvd 7a' Floor Fullorton CA 92835 I BUSINESS ADDRESS — John Muldoon Western Region President PI TE Q NAME F AUTHORIZED AGENT � � TITLE Jmuldoon@usseourl 383621ates.com IONATURE OF AUTHORIZED AGENT DATE EMAIL ADDRESg,....,M.,,,..,, 22. 3262806 TRIG.�(SR VI 14I I T ijQ p A� dN I,Uli l g VtfCl }�,�C Qt1�c PROPOSAL$ THAT DO NOT CONTAIN THISRORM WILL BE CONSIDERED -- NONRRSPONSIVL. CItyot Santa Ana Unarmed Security Guard Services RFP Page 43 25K -163 25K -164 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: -_ _DONATION AGREEMENT WITH MAKARA CENTER FOR THE ARTS TO SUPPORT A LENDING LIBRARY AND ART CENTER - (STRATEGIC PLAN NO. 5,4) CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• 91 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading - [] Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Makara Center for the Arts for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Mayor Pro Tern Martinez recommends appropriating $1,00 0 support a lending library and art center opening event that will in response to their donation request (Exhibit 1). Upon agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT to Makara Center for the Arts to be held on Sunday, May 21, 2017, approval of this item, a donation Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 29A -1 Donation Agreement with Makara Center for the Arts May 16, 2017 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Mayor Pro Tern Martinez's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Sty^ Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29A -2 City of Santa Ana City manager's office— 20 NM nter Plaza n Donation Request P.O. Box 1988 Santa Ana, CA 92702 (714) 047 -5200 o Name: Man/ad Rubio Title: Executive Director Address: 322 Wakeham Ave city, state, ZIp: Santa Ana CA 92701 Phone: 714 -200 -4626 Email: , marytza@makaracenterarts.org Fax: Y 0 . • 0 B Name: Makara Center for the Arts Tax - Exempt Status: Is your organization a non -profit or public tax -exempt organization as Select One: defined under Section 601 (c)(3) of the Internal Revenue Code? Z Yes El No If No, you V All only quality for a credit for City- related costs foryour request il.e. permit fees, It Yea, - stalf8me, rental rates for facilities or equipment. etc.). Costs for City sorvkes very and yf g1- 1351769 approved, credit may or may not full cover cost of requested City services Tax ID #: Arty Services Credit Amount Requested; Y $ Date Needed: Ma odCouncilmember. Martinez . Direct Payment Amount Requested: $1000 Event Date: 5121; ongoing Event Time: Sal: 1 pm- 4:3a pm BOrgoug: Wad$al 1pmopm Event Location; 811 N. Main St Santa Ana CA 92701 Ad ian cdi, State, Zip Makers Center for the Arta Is opening a lending library & art center for Santa Ana residents in Mayl Requested funds will be Description of used for dally.free book distribution to Santa Ana residents, weekend family storylime, literacy activities, and support of a Event I Purpose: collaborative event with PEN Center USA on Sun., May 21 to provide professional development resources to Santa Ana writers. The Maude Lending Library & An Center will support the city's efforts to provide educational resources to its residents, and strengthen the Community Benefit: ads & alhae Infrastructure. By providing yearrcund across toglobel arts & culture resources and bilingual literature & arts programs, Makare alms to increase the city's literary rate (oNy 18% of 3rd graders meet the state standard foriiteracy & language arts), provide opportu�nitle for economic development foraNsts, and enocumile citywide reading Initlatives. /s Applicant Signature: •tai \ / Date: 4/24/2017 Mail: City Managers Office —M -31 Email: donationrequest @santa na.org _ 20 Civic Center Plaza Fax: (714) 847 -8954 P.O. Box 1988 Santa Ana, CA 92702 Revised 01/0512017 29A -3 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH MAKARA CENTER FOR THE ARTS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 16, 2017 by and between the City of Santa Ana, a municipal corporation ( "City") and MAKARA CENTER FOR THE ARTS, a California 501(c)3 NON - PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. REcrrALs 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A LENDING LIBRARY AND ART CENTER ("Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE EDUCATIONAL RESOURCES TO RESIDENTS, INCLUDING YEAR -ROUND ACCESS TO GLOBAL ARTS AND CULTURE RESOURCES AND BILINGUAL LITERATURE AND ARTS PROGRAMS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for an event that will be held on Sunday, May 21, 2017, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term, Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the hinds will be used for a purpose which may cause a significant risk of Exhibit 2 29A -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 29A -6 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Robert C. Cortez Deputy City Manager City Manager's Office m City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: I /il/. JYH M. Funk Assistant City Attorney MAKARA CENTER FOR THE ARTS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 29A -7 29A -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: DONATION AGREEMENT WITH _ CHARITABLE VENTURES OF -....- ORANGE COUNTY TO SUPPORT SAINT PETER EVANGELICAL LUTHERAN CHURCH FOR THE WILLARD NEIGHBORHOOD CLEAN- UP INITIATIVE (STRATEGIC PLAN NO. 5,4) &-M�Ahhv RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: =:16 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. The resolution and policy outline the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Villegas recommends appropriating $1,500 to Charitable Ventures of Orange County to support Saint Peter Evangelical Lutheran Church for the the Willard Neighborhood clean -up event and initiative, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29B -1 Donation Agreement with Charitable Ventures of Orange County to Support Saint Peter Lutheran Evangelical Church for the Willard Neighborhood Clean -Up Initiative May 16, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Councilmember Villegas's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: � A'J��. Francisco Gutierrez Executive Director yvw Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29B -2 City Managthr�s Office — M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 0 Santa Ana, CA 92702 (714) 647-5200 IRev. Wesley M ,Namw. anke "Title. Pastor lAddress; 11510 N. Parton Street City, State, Zip: jSanta Ana, CA 92706 'Phone: 714-542-6781 J 'Elarl . ....... loffice@saintpeterlutheran.net Fax: Name: ISt Peter Evangelical Lutheran Church Charitable Ventures of CIC (fiscal sponsor) 1 Tax-Exempt Status: Is your organization a non-inclit or public tax-exempt organization as r ,4efined under Section 501(c)(3) of the Internal Revenue Code? Select One: Yes No If No, you will only qualify for a credit for City-related costs for your request (i.e. pentrat fees, Ffy-11. [;Q1 staff time, rental rates for facilities or equipment, etc.).Costs for City semices vary and if I Gr- 41 Cl 9; Q1 R R 'approved, credit may or may not cover full cost of requested City services. I as I u a: a �Wwww Charitable Ventures of OC TaxlD#20-8756660 137 "117 Mirmr M, I 'City San dcas Credit $ Date Needed- Me dC ... ilmember: !Villages Arr�ount Requested Direct Payment Amount S 1500 EventDate: 16/3/2017 Eventrime: !8:00 am - 12:00 pm ,�equested: i 11 Event Location: 1510 N. Parton St, Santa Ana, CA 92706 Address, City, Sf n. is a large population of sucat chas and foodl�Ck vandurai in line lffilard community increasing to amount of trier deposited appeighout ffi. neignboahood. VVilland Cl..-U, Day is hard 0 atc,port the cornmirt, Vokontseus am vi Mordants �alk through the Wilardi cammunity and Pick UP liner in M parlaso Description of sid"alks. Roll off dumpsters WR be suelatte for [he comossurity for large balky item disposal. The IN11anal community has four trach Which words made available by Event/ Purpose: lway at a Donation Romueat granted by council monatuar Rayne. The Mh cal have been a huge success. Addiflonal sponsors am requourtung to Manage I additional inch cans. This doruvon �ld make it possible to purchase four additional vash cans for due Vvilind community. — --- --- --------- 11-FUITIoting a litter-free neighborhood and encouraging the community to take I community Benefit: 'pride in a clean neighborhood will greatly benefit the community. --A --,A-- ----------- ............ Mall: City Marl Office —M-31 jErnail: donationrequest@santa-ana.org al,210 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 �Donatliimftqluo�t#: Ratirarnie 4 Go all related opvs� DIR-, _Mr qo6ifell Meeting Date: ay'i 6, 2017 Eli6ibility Met: YES I NO YES Approved Amount: - $1.500 City Manager Signature: Date: PYHIRIT I Revised 0110512017 W1 M-isill r•- CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 16, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY as fiscal sponsor for SAINT PETER EVANGELICAL LUTHERAN CHURCH a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROMOTING a LITTER -FREE NEIGHBORHOOD AND ENCOURAGING THE COMMUNITY TO TAKE PRIDE IN a CLEAN NEIGHBORHOOD ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE A CLEAN -UP EVENT IN THE WILLARD NEIGHBORHOOD AND PURCHASE FOUR ADDITIONAL TRASH BINS FOR THE WILLARD COMMUNITY TO PROMOTE A CLEAN NEIGHBORHOOD AND NEIGHBORHOOD PRIDE The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds, The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($11500) for an event that will be held on Sunday, May 21, 2017, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term. Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) EXHIBIT 2 29B -5 CITY of SANTA ANA DONATION AGREEMENT Page 2 of 3 per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its EXHIBIT 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. RECOMMENDED FOR APPROVAL 0 CITY OF SANTA ANA Robert C. Cortez Deputy City Manager City Manager's Office By: Attest: 0 City Manager Maria D. Huizar Clerk of the Council Approved as to Form: By: /IV. J M. Funk ssistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 29B -7 r•- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017 -14 TO ALLOW A HOLIDAY INN EXPRESS HOTEL AT 1600 EAST FIRST STREET - MICHAEL EICHNER, APPLICANT (STRATEGIC PLAN NO. 3, 2, 5) Cl " ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017 -14 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on April 24, 2017, by a vote of 5:0 (Alderete and Contreras -Leo absent), the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017 -14 as conditioned to allow a vacant building to be converted into a Holiday Inn Express Hotel at 1600 East First Street located in the General Commercial (C -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Michael Eichner, representing Glacier House Hotels, is requesting approval of a conditional use permit to allow the conversion of an existing vacant 10 -story building into a new 161 -room Holiday Inn Express hotel. Constructed as a hotel in 1971, the building was operated by a variety of hotel chains until it became vacant approximately 10 years ago. In March 2011, Conditional Use Permit (CUP) No. 2010 -15 was approved to allow conversion of the vacant hotel to a senior care facility. As a result, a new CUP was required to allow the building to be renovated and operated as a hotel. With the proposed renovations the Holiday Inn Express will meet all requirements for a hotel use. Exterior improvements include the repainting of the building exterior, repairing and repaving of the parking lot, the installation of new drought - tolerant landscaping, hotel signage and a new trash enclosure. Similar exterior improvements will also be made to the restaurant pad building to ensure it is architecturally consistent with the hotel upgrades. Full -sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 CUP No. 2017 -14 — Holiday Inn Express Hotel at 1600 East First Street May 16, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Hagh i, A[Cff Executive Director Planning & Building Agency AN:rb Anhwp511p1anwrnm21CU P17- 14.Holidaylnn Expressm Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: APRIL 24, 2017 TITLE: PUBLIC HEARING — FILED BY MICHAEL EICHNER FOR CONDITIONAL USE PERMIT NO. 2017 -14 TO ALLOW A HOLIDAY INN EXPRESS HOTEL AT 1600 EAST FIRST STREET (STRATEGIC PLAN NO. 3,2; 5,3) Prepared by Ann Hsin -An Ni Vecutiv6tirector PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED General Commercial C -2 ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO � EPEE -/_ Planning Man ger RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017 -14 as conditioned. Executive Summary Michael Eichner, representing Glacier House Hotels, is requesting approval of a conditional use permit to allow a vacant building to be converted into a Holiday Inn Express Hotel at 1600 East First Street. Pursuant to Sections 41- 365.5(c) and 41- 377.5(a) of the Santa Ana Municipal Code (SAMC), hotels require the approval of a conditional use permit in the C -2 (General Commercial) zoning district. Table 1 Proiect and Location Information Item Information Project Address and Nearest Cross Streets 1600 East First Street (First and Lyon Streets) General Plan and Zoning Designations General Plan General Commercial GC Zoning General Commercial C -2 Surrounding Land Uses North Commercial East Commercial South Raymond A. Villa Fundamental School West Commercial Existing Site Development A vacant 10 -story hotel building and a detached 11,630 square foot, single-story vacant restaurant building Use Permissions Hotel allowed with a conditional use permit CUP Zoning Code Sections Affected Use 41-365.5(c) &41-377.5(c) hotel with a CUP Development Standards 41 -1341 (parking requirement for Hotels) 41 -1305 dual use of loading zone Staff Report Exhibits 1 (Vicinity Map), 2 (Land Use Map), 3 (Site Photo), 4 (Site Plan), 5 (Floor Plan), 6 (Elevations and Colored Rendering), and 7 (Landscape Plan EXHIBIT A 31A-3 Conditional Permit No. 2017 -14 April 24, 2017 Page 2 Proiect Description Holiday Inn Express is requesting approval of a conditional use permit to allow the conversion of an existing vacant 10 -story building into a new 161 -room Holiday Inn Express hotel. A number of interior and exterior improvements will be made to the site. The exterior improvements include the repainting of the building exterior, repairing and repaving of the parking lot, the installation of new drought - tolerant. landscaping, hotel signage and a new trash enclosure. Similar exterior improvements will also be made to the restaurant pad building to ensure it is architecturally consistent with the hotel upgrades. Interior improvements are also proposed for the hotel building. The proposed interior improvoments Will include renovations to each of the guest rooms, an enhanced 1,400- square -foot main lobby, a 1,500 - square -foot breakfast area, and a market that will sell sundry items, all on the lower level. Also included on the lower level will be a 700 - square -foot exercise room that will be located adjacent to the outdoor pool and spa. The existing architectural style is Mid - Century Modem. Exterior modifications to the 10 -story hotel building and the adjacent free - standing restaurant building are proposed in order to update its architecture. The buildings will be painted in vibrant colors and the glazing material will be replaced with an energy - efficient system. Additionally, a new metal architectural paneling system in a contrasting color will be installed on the top level of the building. A 15 to 20 -foot wide landscaped setback will be provided along the First Street frontage with a 5 to 10- foot wide landscape buffer and a six -foot high metal fence with decorative block pilasters to be installed along the east property line to provide a separation between the adjacent properties. New landscaping is proposed throughout the site with drought - tolerant landscaping materials. Table 2 below provides a detailed comparison of the project's compliance with the applicable development standards. Table 2 Development Standards Standard Required by SAMC Provided Front setback 15 feet 15 to 20 feet (Existing) Side setback 0 feet 1 to 50 feet plus (Existing) Rear setback None, but 20 feet for any portion of the building above 15 feet in• height 50 feet minimum (Existing) Buildina hei ht No limit 118 feet Parking 246 spaces 246 spaces Landscaping Within front, side setback and parking areas Provided within front, side setback and parking areas Signage None required Signage shall conform to the sign standards in SAMC Sec. 41 -800 31A-4 Conditional Permit No. 2017 -14 April 24, 2017 Page 3 Project Backaround and Chronolo In 1971, Variance No. 1969 -93 was approved to allow the construction of a 150 -room hotel at this location. Once constructed, the property was occupied by a variety of hotel chains until it became vacant approximately 10 years ago. In March 2011, Conditional Use Permit (CUP) No. 2010 -15 was approved that would allow the vacant hotel to be converted into a senior care facility. Due to changes in the economy, two extensions to the conditional use permit were granted for the care home use. Since the former applicant never moved forward with the care home project, the conditional use permit expired. As a result a new CUP is required for the hotel use. The applicant, Glacier House Hotels, is a company that specializes in the purchase, development and construction of hospitality projects such as the proposed Holiday Inn Express hotel. The Glacier team consists of a mix of entrepreneurial individuals who have been successful in all aspects of the hotel, retail and mixed use project development. Project Analysis Staff has reviewed the applicant's request to convert an existing vacant building to a Holiday Inn Express hotel. In analyzing the conditional use permit request, staff believes that the following analysis warrants staffs recommendation of approval for the conditional use permit. The Holiday Inn Express Hotel will meet all requirements specified in the C -2 zoning district relating to the proposed use. The proposed project will be in compliance with all applicable development standards, including parking, landscaping, setbacks and signage. Parking for a hotel use is one space per room plus one space for each 10 rooms, with restaurant parking at one space per 100 square feet of gross floor area. A total of 246 spaces are required and will be provided for the site. Further, the project will be in compliance with the applicable provisions of the City's Hotel and Motel Standards. Finally, appropriate conditions of approval have been included for this project that will ensure it remains in compliance with the provisions of the zoning district and Hotel and Motel Standards. The proposed Holiday Inn Express hotel will support several goals and policies of the General Plan, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and Goal 3, which supports uses that preserve and improve the character and integrity of neighborhoods. The project will promote a balance of land uses to address basic community needs and that enhance the economic viability of the City and will provide a use that will assist in diversifying the range of services available in the City. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. This project will promote the re- investment of a commercial property and encourage increased levels of capital investment through the interior and exterior remodeling of two vacant buildings on this site. Further, Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The proposed project will assist in providing a variety of lodging services to those working and visiting in the immediate area and will provide employment opportunities to residents that live in the surrounding community. 31A-5 Conditional Permit No..2017 -14 April 24, 2017 Page 4 Table 3 CEQA, Strategic Plan Alignment, Public Notification /Community Outreach CEQA, Strategic Plan Alignment, Public Notification /Community Outreach CEQA CEQA Type Class 32 Section 15332 Document Type Categorical Exemption ER No. 2016 -85 Reason(s) Exempt or Analysis Class 32 exemptions allows infill development projects occurring on lots less than five acres, where the site has no value as a habit for endangered species and is adequately served by all required utilities and public services. The subject project site is 3.32 acres in size and is surrounded by urban uses. The project site is not sensitive to habitat and wetlands. Strategic Plan Alignment Goal(s), Policy or Policies 3,2 and 5, 3 (Create new opportunities for business /job growth and encourage private development and support reinvestment in distressed areas Public Notification & Community Outreach Required Measures Site posting on 4/14/2017 Notification by mail on 4/14/2017 Newspaper posting on 4/14/2017 Additional Measures Staff contacted Lyon Street and Saddleback View Neighborhood Associations and both are in support of the project. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017 -14 as conditioned. Ann'Hsin -An Ni Associate Planner AN:jm Anlwp5l \plancomm2lCU P17- 14.HolidaylnnExpress.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Building Elevations and Colored Renderings Exhibit 7 — Landscape Plan 31A-6 RI RI •R4 R4-PRU ki WII R3 RI Rl Cl= P, A3 Priv RI mi rl 50 -21 R, ni 114 R4 U.7 A -OZI-F P }r e p p H P P 0"-, P Oz, C2 VK U f2j 02 C5 OZ C, UZI G2 R2 C2 T F MI h12 h11 C2 �2 Nil] G2 M1 9 C2-O21 -F M1 I7 0 M2 Ml 5I R3 al Ml RI vz SO.16 Rl RI 9i 'P •� Rl M2 ol S M2 RI R4 R R-1 Al GENERU.A1RQJLTUMLJ CR CCMM9UkM9Demk m SNGLEFAMILYFMODM41 L NGMOQRCAT Gc GOvEvmeramm IQ TAOFAMILYFESDBAM GEM ODMMEMLS)MMAIN mi UGfflNDLb'RAL m mumREcmSwwuRE cl COMIJUNVOOMMSCAL M2 KRVY10LEIRAL FAMlyF®CBJCE Cl MO COMM. CMMECAUMU33N DISTRCT MO mMTNilCFBlATQNS m SIEURMNAnMAeM C2 GeJHLLCDMMBC 0 OPENSACE m FESVeMLSWE C3 CEfRkL9ANSES p PR)FESSONAL 53 MR00aamm W CR4TKL DANEESARnSTMLLAGE PCD RAN w=lMLWWDEAl0FMENT S, ST RCRAN PLANNE)9iCMNGCeM AFIS COMMSXM lffw CUP 2017-14 A HOLIDAY INN EXPRESS 1600 EAST FIRST STREET 500 FEF7 V =1000 FEE7 P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT I VICINITY MAP 31A-7 SFR N SFR iD "L F I W. COM. _ R S. VA CA rV T COhI. MOTEL FIRST ST. COMMERCIAL MOTEL COMMERCIAL -P. ROJECT. SITE - y 2 y i SCHOOL a R SCHOOL DISTRICT OFFICES CUP 2017 -14 HOLIDAY INN EXPRESS 1600 EAST FIRST 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 31A-8 I Y'� CUP2017-14 Exhibit 3 Site Photo 31A-9 � �t; ,, \ \ ■# ___, ]O[K]p ; ©`^ �.RIO. � <;)/ a \ �; • )R [Q / \ • /. |§!,� �b /§ ( | � 111.9111, 1 21A.10 � „e � ¢z¢ I ❑'N --- ------ --------- - ----- -- -------- FT 4- -0Q EXHIBIT 6 Page I of 4 31A-1 1 Ll z I ivulwens Im < m ! =<O Z m A-6b L, ----- --- - - - 4j t �11 pm� El 2FLj.* L P.8.1 a-f-:j I F x Page 2 of 4 31A-12 wl- m A-6b L, ----- --- - - - 4j t �11 pm� El 2FLj.* L P.8.1 a-f-:j I F x Page 2 of 4 31A-12 d F ( `��� Li KCR Page 3 of 4 31A-13 t; Ll I I HEIN it !7 I L:v U-- Lic, Page 4 of 4 31A -14 EXHIBIT 6 Page 1 of 6 31A-15 G iBGr ¢ Z ¢ z w Q ' • x LYH Q $ P N U e t• i EXHIBIT 6 Page 1 of 6 31A-15 QQ m 02 r4 as y< > lu FL m y U! 1 d W Page 2 of 6 31A -16 �5 zZ z Ou 3 c4 w h F OLL ri _ CYi Page 3 of 6 31A -17 O a�S 4i wi-nQO : a ry Pape 4 of 6 31A -18 i i A W- j x >' + � r rt �L -14 '`�1��a,i 1 1r NY +�� I `r 1 { cu-"ji Own Y Z • � 1� /J�Jd, W, Wil *n u < :5 ¢ K 0 Page 6 of 6 31A-20 ]SEE e..•°�9�.'J'�9:�53°.L�� g }�L:.�'�.T�C" ®C�S��T�SL ✓3 °� ^�ti� ..... °s.. �:�'9°J ...�..�.e.��T6Z9 E c 3 eleleeeeuleelel�ee11ee01e1e11eee1e111en1ee , oEO � e I � I olleee 81 1280 1 1 10 1 � 111111011 ®222222 1 2222 11 11m 111 Ie mile 81 1888 1 11 1 111110011 1 11111 1 1®112 DI Io9A I In I Im1M111 I IIID III � �I el lee I le 1 Il1sesese I I�ses I I I� z 3 "1 H -L "I , oEO � e I � I z 3 "1 H -L "I LS 4.24.17 RESOLUTION NO. 2017 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017 -14 AS CONDITIONED TO ALLOW A HOLIDAY INN EXPRESS HOTEL AT THE PROPERTY LOCATED AT 1600 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017 -14 to allow a hotel in the General Commercial (C -2) zoning district at the property located at 1600 East First Street. B. Santa Ana Municipal Code Sections 41- 365.5(c) and 41- 377.5(a) require approval of a conditional use permit to allow a hotel in the C -2 (General Commercial) zoning district. C. On April 24, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017 -14. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2017 -14 to warrant approval of the conditional use permit to allow a hotel: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed Holiday Inn Express Hotel will provide a service to the community by providing an upper - midscale lodging option. The proposed Holiday Inn Express Hotel is a use that is supportive to the primary commercial uses in the area. The use will provide lodging opportunities to those working and living in the immediate area and will provide employment opportunities to residents that live in the city. The Holiday Inn Express Hotel will provide a Resolution No. 2017 -17 Page 1 of 7 31A-22 convenient option for travelers in the Orange County area and vicinity. 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. The proposed Holiday Inn Express Hotel will not be detrimental to persons residing or working in the vicinity because the Holiday Inn Express Hotel has been designed to minimize potential impacts to the health, safety and general welfare by complying with the current Building and Fire codes as well as the Orange County Public Health Agency regulations. Further, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed Holiday Inn Express Hotel will not adversely affect the economic stability of the area but will make a positive contribution to the surrounding area. The project will convert a vacant structure into a functional and viable hotel that will complement and improve the economic viability of the area. The proposed Holiday Inn Express Hotel will include improvements to the property and streetscape, including new landscaping and architectural enhancements that will positively affect the economic stability of the First Street corridor. The use of the site as a Holiday Inn Express Hotel in conjunction with the improvements that will be made to the site will improve 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 proposed Holiday Inn Express Hotel will be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code and all other provisions that are applicable to a hotel. Site improvements are proposed to the vacant hotel and restaurant buildings, parking lot, landscaping and signage that will bring the site into compliance with the zoning code. Additionally, the project will be in compliance with Resolution No. 2017 -17 Page 2 of 7 31A-23 all applicable Hotel and Motel Standards, with the exception of providing a 2,500 square foot restaurant at the hotel. To meet this standard, the applicant is providing a 1,500 square foot breakfast room. Further, the hotel is in close proximity to six restaurants located within walking distance (one mile) of the site and another ten restaurants within a short driving distance (1.6 miles /5 minutes) from the hotel. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed Holiday Inn Express hotel will support several goals and policies of the General Plan, including Land Use Element Goal 1, which promotes the balance of land uses to address basic community needs; Goal 2, which promotes land uses that enhance the economic viability of the City; and, Goal 3, which aims to allow uses that preserve and improve the character and integrity of neighborhoods, including the adjacent commercial and residential neighborhoods. The project will promote a balance of land uses to address basic community needs and enhance the economic viability of the City and will provide a use that will assist in diversifying the range of services available to adjacent communities. Land Use Element Policy 2.8 promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. This project will promote the re- investment in a vacant commercial property and encourage increased levels of capital investment through the interior and exterior remodeling of two vacant buildings on this site. Further, Land Use Element Policy 5.5 encourages development which is compatible with and supportive of surrounding land uses. The proposed project will assist in providing a variety of lodging services to those working and visiting in the immediate area and will provide employment opportunities to residents that live in the surrounding community. Section 2. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development occurring on lots less than five acres provided it is consistent with the zoning and General Plan, has no value as a habitat for endangered species, does not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2016 -85 will be filed for this project. Resolution No. 2017 -17 Page 3 of 7 31A-24 There will not be a significant cumulative effect by this project and successive projects of the same type in the same place, over time. There is not a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. 3. This project does not damage a scenic resource within an officially designated state scenic highway. 4. This project is not located on a site included on any list compiled pursuant to Government Code Section 65962.5. 5. This project does not cause a substantial adverse change in the significance of a historical resource. Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017 -14 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1600 East First Street. 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 April 24, 2017 and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 24th day of April, 2017 AYES: Commissioners: Bacerra, McLoughlin, Mendoza, Nguyen, Verino (5) NOES: ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: Alderete, Contreras -Leo (2) Lynnette Verino Chairperson 31A-25 Resolution No. 2017 -17 Page 4 of 7 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on April 24, 2017. Date: Commission Secretary City of Santa Ana 31A-26 Resolution No. 2017 -17 Page 5 of 7 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2017 -14 Conditional Use Permit No. 2017 -14 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2016 -30 and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. Prior to approval of Certificate of Occupancy, all on -site improvements shall be made in accordance with the submitted plans. 4. Prior to submittal into Building plan check, a Final Landscaping Plan shall be submitted for review and approval. In addition to plant materials and sizes, the plan shall include an irrigation plan that details compliance with the provisions of the City's Water Conservation Ordinance. 5. Landscaping shall be maintained in compliance with the submitted plan. Any modifications to this plan shall be submitted to the Planning Division for review and subject to the approval of the Planning Manager. 6. A minimum of four (4) bicycle parking spaces (racks) shall be provided for this project. The bicycle spaces shall be shown on the landscaping plan. B. Orange County Fire Authority The applicant or responsible party shall submit the plan(s) listed below to the Orange County Fire Authority for review. Approval shall be obtained on each plan prior to issuance of a building permit: Resolution No. 2017 -17 Page 6 of 7 31A-27 a. Fire master plan b. Architectural Plan Review c. Underground piping for private hydrants and fire sprinkler systems d. Fire sprinkler system e. Sprinkler monitoring system f. Fire alarm system g. Hood and duct extinguishing system C. Public Works Agency (PWA) 1. Prior to submittal into Building plan check, revise the site plan to correctly depict the property lines identified in the title report's legal description. 2. Prior to submittal into Building plan check, revise the site plan to comply with the City's trash receptacle requirements, including but not limited to: the safe and efficient access of trash vehicles to trash receptacles, the provision of recycling receptacles, incorporation of acceptable staging and access areas, providing adequate bin sizes, and the identification of the proposed trash pick- up days and times as identified in the PWA's Development Review comments. 3. Prior to submittal into Building plan check, provide a copy of the approval letter from Waste Management, Inc. Resolution No. 2017 -17 Page 7 of 7 31A-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT FEE REDUCTION AND PRIVATE PARTY NOMINATION TO SANTA ANA REGISTER OF HISTORICAL PROPERTIES FEE WAIVER (STRATEGIC PLAN NOS. 6, 2,3) LCITY—MANA61EIR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2otl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to extend the reduction of the fee to enter into a Historic Property Preservation Agreement (Mills Act Agreement) by 50 percent and waive the application fee for the private party nominations of properties to the Santa Ana Register of Historical Properties for an additional two year period. HISTORIC RESOURCES COMMISSION ACTION On April 20, 2017, the Historic Resources Commission recommended by a vote of 7:0 (Murashie absent) that the City Council authorize the reduction of fees for Historic Property Preservation Agreement (Mills Act Agreement) by 50 percent and waive the application fee for private party nominations of properties to the Santa Ana Register of Historical Properties for an additional two year period (Exhibit A). DISCUSSION In March 2009, the City Council adopted a 100 percent full cost recovery policy for fees. This resulted in a fee of almost $9,000 to designate a property to the city's historical register and to obtain a Mills Act Agreement to allow a property tax incentive. In September 2014, the City Council adopted Resolution No. 2014 -050 to temporarily reduce fees for a Historic Property Preservation Agreement by 50 percent and waive the fee for private party nominations of properties to the Santa Ana Register of Historical Properties. The fee reduction program was approved for a period of one year and was intended to encourage and promote historic preservation. In August 2015, the City Council adopted Resolution No. 2015- 039 to extend the fee reduction program until August 4, 2017. With the implementation of the fee reduction program, 46 applications were processed in 2014, 26 in 2015, and 29 in 2016. 55A -1 Mills Act Fee Reduction/Waiver Program Extension — May 16, 2017 Page 2 STRATEGIC PLAN ALIGNMENT 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) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT If approved, the application for Historic Property Preservation Agreement will continue to be 50% of the annually adjusted fee, which is $2,128.70 for Fiscal Year 2017 -18, and the application for - historic designation will continue to be waived. Based on the number of applications received in. Fiscal Year 2016 -2017, the estimated revenue loss per year is $115,889.10. Hassan Hag ni, A Executive Director Planning & Building Agency HS:rb hs \historic info \042017 HRCTeeWaiver & Reduction.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 6CA Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report B. Resolution 55A -2 REQUEST FOR HISTORIC RESOURCES COMMISSION ACTION HSTORIC DATE APRIL 20, 2017 TITLE: HISTORIC PROPERTY PRESERVATION � AGREEMENT FEE REDUCTION AND PRIVATE PARTY NOMINATION TO SANTA ANA REGISTER OF HISTORICAL PROPERTIES FEE WAIVER {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Hally Soboleske ecutive irector iIi lto]:7 relN:.". ell1 00 :YMG;i41i41�*iPPKx01 :7g0:�I APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning Mana er Recommended that the City Council adopt a resolution to extend the reduction of the fee to enter into a Historic Property Preservation Agreement (Mills Act Agreement) by 50 percent and waive the application fee for the private party nominations of properties to the Santa Ana Register of Historical Properties for an additional two year period. DISCUSSION In March 2009, the City Council adopted a 100 percent full cost recovery policy for fees. This resulted in a fee of almost $9,000 to designate a property to the city's historical register and to obtain a Mills Act Agreement to allow a property tax incentive. In September 2014, the City Council adopted Resolution No. 2014 -050 to temporarily reduce fees for a Historic Property Preservation Agreement by 50 percent and waive the fee for private party nominations of properties to the Santa Ana Register of Historical Properties. The fee reduction program was approved for a period of one year and was intended to encourage and promote historic preservation. In August 2015, City Council adopted Resolution No. 2015 -039 to extend the fee reduction program until August 4, 2017. With the implementation of the fee reduction program, 46 applications were processed in 2014, 26 in 2015 and 29 in 2016. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). EXHIBIT A 55A -3 Fee ReductionMaiver Program Extension April 20, 2017 Page 2 FISCAL IMPACT If approved, the application for a Historic Property Preservation Agreement will continue to be one - half of the current annually adjusted fee, which is $2,507.53 for Fiscal Year 2017 -18, and the application for historic designation will continue to be waived. r Hally Sobcd#ske Senior Planner HS:sb Exhibit 1 - Draft Resolution 55A -4 3.13.17 LS RESOLUTION NO.2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXTENSION OF A WAIVER OF THE APPLICATION FEE FOR THE PRIVATE PARTY NOMINATIONS OF PROPERTIES TO THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AND MODIFICATION OF MILLS ACT AGREEMENT FEES 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. In March 2009, the City Council adopted a 100% full recovery policy for fees. This resulted in a fee of almost $9,000 to designate a property to the City's historic register and to obtain a Mills Act Agreement to allow a property tax incentive. B. In September of 2014, the City Council adopted Resolution No. 2014 -050 to temporarily reduce fees for a Historic Property Preservation Agreement by 50 %, or $2,011.23, and waived the $5,015.05 fee for private party nominations of properties to the Santa Ana Register of Historical Properties. The fee amendments were approved for a period of one (1) year and were intended to encourage and promote historic preservation. C. Language within Resolution No. 2014 -050 provided the City Council with the option to extend the fee waiver for two (2) additional years. D. In August of 2015, City Council adopted Resolution No. 2015 -039 to extend the fee reduction program for two (2) additional years. E. The extension approved by the City Council in 2015 expires on August 4, 2017. F. On April 20, 2017, the Historic Preservation Commission adopted a resolution supporting continuation of the existing fee waiver structure which waives the designation application fee and reduces by 50% the application fee for a Mills Act contract. G. Due to the success and increased participation in the Historic Preservation Program, staff is recommending that the City Council affirm the recommendation of the Historic Resources Commission and extend the fee waiver program for two (2) additional years. Resolution No. 2017 -xxx Exhibit ® Page 1 of 3 55A -5 Section 2. The City Council hereby extends the waiver of the full amount of the new application fee for the private party nominations of properties to the Santa Ana Register of Historical Properties for the additional two (2) year period commencing upon the date of adoption of this Resolution. Additionally, the City Council hereby extends the reduction of the fee to enter into a Mills Act Agreement by 50% for an additional two (2) year period commencing upon the date of adoption of this Resolution. Section 3. This resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12017. APPROVED AS TO FORM: Sonia P-)C,anralho, City Attorney Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 'P�PM Resolution No. 2017 -xxx Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -_ to be the original resolution adopted by the City Council of the City of Santa Ana on , 2017, and that said resolution was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 55A -7 Resolution No. 2017 -xxx Page 3 of 3 y • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: RESOLUTION AND APPROPRIATION ADJUSTMENT ACCEPTING FY16 HOMELAND SECURITY GRANT PROGRAM AND RELATED AGREEMENTS FOR ANTI - TERRORISM EQUIPMENT, PLANNING, TRAINING, EXERCISES AND TECHNICAL ASSISTANCE {STRATEGIC PLAN NO.1,2 &6} AGER 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 authorizing the City Manager and the Chief of Police or their designee(s) to enter into the attached Sub - Recipient agreement, and any related amendments, with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, training and exercises authorized under the FY 2016 Urban Areas Security Initiative in an amount not to exceed $1,792,522, for the period of September 16, 2016 through March 31, 2019. 2. Approve an Appropriation Adjustment recognizing the FY 2016 Urban Areas Security Initiative in the amount of $1,792,522 in revenue account (no. 12514002 - 52001) and appropriate same in the FY 2016 Urban Areas Security Initiative Program Grant expenditure accounts (no. 12514491 - various). DISCUSSION The United States Department of Homeland Security has developed the Urban Areas Security Initiative (UASI) funding program. UASI is designed to address the unique planning, equipment, training, and exercise needs of high- threat, high- density Urban Areas and provides funds to local emergency first responders that assist in building an enhanced and sustainable capacity to prevent, protect, respond to, mitigate and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2016 funding and is therefore the UASI Sub - Grantee, with the City of Santa Ana designates * - recipient through Anaheim. FY 2016 UASI Transfer Agreement May 16, 2017 Page 2 The City of Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim /Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim /Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complimentary strategies for responding to acts of terrorism. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #2 and #6; (Broaden communications, information sharing and community awareness of public safety activities, and Enhance public safety integration, communications, and community outreach.) FISCAL IMPACT Approval of the Appropriation Adjustment will increase revenues in the FY2016 UASI Grant account (no. 12514002 - 52001) by $1,792,522 and appropriate same amount in the FY2016 UASI Grant expenditure accounts (no. 12514491 - various) for the following fiscal years: FY 2016 -17 FY 2017 -18 FY 2018 -19 Total Ja es Schnabl Acting Chief of Police Santa Ana Police Department Exhibits: 1. Award Letter 2. FY 2016 UASI Transfer Agreement 3. Resolution 4. Notification of Sub - Recipient Award $35,725 $1,448,861 $307,936 $1,792,522 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco GutierrezZ Executive Director Finance & Management Services Agency 55B -2 EXHIBIT 1 EDMUND G. BROWN JR. MARK S. GHILARDUCCI GOVERNOR DIRECTOR Cal OES OOVERNOR'S OFFICE OF EMERGENCY SERVICES September 16, 2016 CORRECTED COPY Christopher Pena Lieutenant Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA 92805 SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL FY 2016 Homeland Security Grant Program Grant #2016 -0102, Cal OES ID #059 -95010 Subrecipient Performance Period: September 1, 2016 to May 31,2019 Dear Lieutenant Pena: The California Governor's Office of Emergency Services (Cal OES) approved your FYI Homeland Security Grant Program (HSGP) award in the amount of $4,344,000. Once your completed application is received and approved, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook available at www.caloes.ca.gov. During the review process, a Cal OES Program Representative will examine and evaluate your FYI HSGP grant application. Throughout the grant cycle, Cal OES will use performance milestones set in the Department of Homeland Security /FEMA Grants Reporting Tool as indicators of performance and grant management capacity and this information may be used in assessing future competitive grant applications. All activities funded with this award must be completed within the subrecipient pr- rformance period. You are required to comply with all applicable federal, state, and local environmen'al and historic preservation (EHP) requirements. Additionally, Aviation /Watercraft requests, Establish/Enhance Emergency Operations Center projects, projects requiring EHP review, and sole source procurement requests and controlled equipment requests require additional approvals from Cal OES. Subrecipients must obtain written approval for these activities nrior to incurring any costs, in order to be reimbursed for any related costs under this grant. Subrecipients are also required to obtain a performance bond prior to the purchase of any equipment item over $250,000, including any aviation or watercraft financed with homeland security dollars. Performance bonds must be submitted to your Program Representative no later than the time of reimbursement. 3650 SCHRIEVER AVENUE, MATHER, CA 95655 (916) 845 -8506 TELEPHONE, (916) 845 -8511 FAX 55B -3 Christopher Pena September 16, 2016 Page 2 of 2 Following acceptance of this award, you must enter your grant information into the Department of Homeland Security/FEMA Grants Reporting Tool (GRT) for the Biannual Strategy Implementation Report (BSIR) period. The GRT can be accessed online at https : / /www.reporting.odp.dhs.gov /. Your agency must prepare and submit the BSIR to Cal OES via the GRT semi - annually for the duration of the grant performance period or until you complete all activities and the grant is formally closed. Failure to submit required reports could result in grant reduction, suspension, or termination. This grant is subject to all provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the Statewithin 30 days upon receipt of an invoice from Cal OES. Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 days of receipt and keep a copy for your files. For further assistance, please feel free to contact your Cal OES Program Representative or the Homeland Security Grants Unit at (916) 845 -8186. Sincerely, IIU -r,� S CCGf�� MARK S. GHILARDUCCI Director Christopher Pena Anaheim Police I 55B -4 /p/o bate AGREEMENT SUB - RECIPIENT: CITY OF SANTA ANA City Contract Number 55B -5 Exhibit 2 TABLE OF CONTENTS Section Description Page §101. Parties to the Agreement 3 §102. Representatives of the Parties and Service of Notices 3 §103. Independent Party 4 §104. Conditions Precedent to Execution of this Agreement 4 9 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance 5 §202. Use of Grant Funds 5 III PAYMENT §301. Payment of Grant Funds and Method of Payment 8 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 9 §402. Applicable Law, Interpretation and Enforcement 9 §403. Integrated Agreement 9 §404. Excusable Delays 9 §405. Breach 10 §406. Prohibition Against Assignment or Delegation 10 §407. Permits 10 §408. Non Discrimination and Affirmative Action 10 §409. Bonds 11 55B -6 TABLE OF CONTENTS Section Description Page §410. Indemnification 11 §411. Conflict of Interest 11 §412. Restriction on Disclosures 13 §413. Statutes and Regulations Applicable to All Grant Contracts 13 §414. Federal, State, and Local Taxes 20 415. Inventions; Patents and Copyrights 20 1 416. MBE/WBE 22 V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults §502. Amendments V ENTIRE AGREEMENT §601. Complete Agreement §602. Number of Pages and Attachments Execution (Signature) Page EXHIBITS Exhibit A Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Exhibit B Certification Regarding Lobbying Exhibit C Grant Assurances ii 55B -7 23 23 24 24 25 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT /SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2016 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 1st day of March 2017, by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY "), and CITY OF SANTA ANA (the "SUB- RECIPIENT" or "Contractor'). WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim /Santa Ana Urban Area under the FY16 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2016 Urban Areas Security Initiative" from the federal Department Of Homeland Security(DHS), Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant "), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at: "U.S. Department of Homeland Security "Fiscal Year 2016 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)" https: / /www.fema.gov /media- library-data/1455569937218- 3daa3552913b8affe0c6b5bc3b448635 /FY 2016 HSGP NOFO FINAL.pdf California Office of Emergency Services "FY2016 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit" htti): / /www.caloes.ca.aov /G rantsManagementSite /Documents /FY %202016 %20H S G P %20 State %2OG u ida n ce. odf Copies of the grant guidelines shall be retained in the Anaheim /Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ( "CITY ") and is overseen by the California Governors Office of Emergency Services ( "CalOES "); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and 55B -8 WHEREAS, the Anaheim /Santa Ana Urban Area ( "ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management ( "OGM ") awarded a FY16 UASI Grant of $4,344,000 ( "Grant Funds ") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ( "UASI Grant Office ") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY16 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ( "Agreement") to CITY OF SANTA ANA ( "SUB- RECIPIENT') and others; WHEREAS, the CITY and SUB - RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 55B -9 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The CITY, a municipal corporation, having its principal office at 425 South Harbor Boulevard, Anaheim, CA 92805; and B. CITY OF SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa Ana, CA 92701 §102. Reoresentatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement: Chris Pena, Lieutenant Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA. 92805 Phone: (714) 765 -3833 Fax: (714) 765 -1616 cpena @anaheim.net 2. The representative of CITY OF SANTA ANA shall be: Ken Gominsky, Commander CITY OF SANTA ANA 60 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 245 -8040 E -mail: kominsky @santa - ana.org 55B -10 B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party SUB - RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB - RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB - RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB - RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. Conditions Precedent to Execution of This Agreement SUB - RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 415C of this Agreement attached hereto as Exhibit C and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 415Al2 of this Agreement and attached hereto as Exhibit A and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 415C of this Agreement and attached hereto as Exhibit B and made a part hereof. SUB - RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. 55B -11 n TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on March 1, 2017 and end on March 31, 2019 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may, a) transfer to SUB - RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB - RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB - RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY. If additional copies of the document are needed, SUB - RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. B. SUB - RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner. C. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https: / /www.fema.gov /authorized- equipment -list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim /Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and /or DHS- adopted standards to be eligible for purchase using grant funds. SUB - RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY 16 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." Any equipment acquired or obtained with Grant Funds: 55B -12 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim /Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. 5. Shall be used by SUB - RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i)use and 55B -13 condition of Equipment, and Q) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313. 8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10.SUB- RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB - RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. D. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2016 Homeland Security Grant Program, as set forth above. All training expenses must be pre- authorized by CaIOES at https: / /w3. calema. ca. gov /WebPage/ trainreq .nsf /TrainRequest ?OpenForm. A catalogue of Grantor approved and sponsored training courses is available at https: / /cdp.dhs.gov /. E. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2016 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https: / /www.fema.gov/ media - library /assets /documents /32326. F. Any planning paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2016 Homeland Security Grant Program, as set forth above. G. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY 2016 Homeland Security Grant Program, as set forth above. III PAYMENT §301. Payment of Grant Funds and Method of Payment A. CITY may, a) transfer to SUB- RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB - RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written 55B -14 approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB - RECIPIENT'S purchasing and bidding procedures. SUB- RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB - RECIPIENT by CITY. If additional copies of the document are needed, SUB - RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB - RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures (provided to SUB - RECIPIENT by CITY on compact disc) detailing the expenditures made by SUB - RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Anaheim UASI Grant Office. For equipment for which SUB - RECIPIENT is requesting reimbursement, all appropriate back- up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB - RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB - RECIPIENT of a loss or reduction of federal grant funds. 55B -15 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub- recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub - recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Delays In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine 55B -16 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the partys willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB - RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB - RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB - RECIPIENT performance hereunder and shall pay any fees required therefore, SUB - RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non renewals or restrictions of licenses, certificates, or other documents. §408. Nondiscrimination and Affirmative Action SUB - RECIPIENT shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California, and the CITY. In performing this Agreement, SUB - RECIPIENT shall not discriminate in its employment practices against any employee or applicant for employment because of such person's race, color, religion, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, age, physical handicap, mental disability, marital status, domestic partner status, pregnancy, denial of medical and family care leave, pregnancy disability leave, or medical condition. SUB - RECIPIENT shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). 10 55B -17 SUB - RECIPIENT shall comply with California Public Contract Code §10295.3, which addresses discrimination based on domestic partnerships. If required, SUB - RECIPIENT shall submit an Equal Employment Opportunity Plan ( "EEOP ") to the DOJ Office of Civil Rights ( "OCR ") in accordance with guidelines listed at http://www.ojp.usdoj.gov/ocr/eeop.htm, Any subcontract entered into by the SUB - RECIPIENT relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this § 408. §409. Bonds SUB - RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. SUB - RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement. §410. Indemnification To the fullest extent of the law, SUB - RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB - RECIPIENT'S acts, errors or omissions in the performance of SUB - RECIPIENT'S services or use of grant funds under the terms of this Agreement. §411. Conflict of Interest A. SUB - RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 55B -18 1. The term "immediate family" includes but is not limited to domestic partner and /or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB - RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB - RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship between said person and the Contractor. E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB - RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB - RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB- RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB - RECIPIENT covenants that no member, officer or employee of SUB - RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. 12 55B -19 I. The SUB - RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB- RECIPIENT' and "sub subcontractor" for "Subcontractor ". §412. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.). §413. Statutes and Regulations Applicable To All Grant Contracts A. SUB - RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB - RECIPIENT laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Agreement. SUB- RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB - RECIPIENT shall comply with new, amended, or revised laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars SUB - RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards). 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB - RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY16 UASI Grant Program under the Single Audit Act, SUB - RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program "; Grant Identification Number 2016 -0102; and Identify the City of Anaheim as the Pass - Through. 3. Americans with Disabilities Act SUB - RECIPIENT hereby certifies that it will comply with the Americans with Disabilities Act, 42 USC §§ 12101, et seq., and its implementing regulations. SUB- RECIPIENT will provide reasonable accommodations to allow qualified individuals with disabilities to 13 55B -20 have access to and to participate in its programs, services and activities in accordance with the provisions of the Americans with Disabilities Act. SUB - RECIPIENT will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by the SUB - RECIPIENT, relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph. 4. Political and Sectarian Activity Prohibited 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. Neither shall any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation. None of the funds provided pursuant to this Agreement shall be used for any sectarian purpose or to support or benefit any sectarian activity. If this Agreement provides for more than $100,000 in grant funds or more than $150,000 in loan funds, SUB - RECIPIENT shall submit to the CITY a Certification Regarding Lobbying and a Disclosure Form, if required, in accordance with 31 USC §1352. A copy of the Certificate is attached hereto as Exhibit B. No funds will be releasec to SUB - RECIPIENT until the Certification is filed. SUB - RECIPIENT shall file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by SUB - RECIPIENT. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub - awards at all tiers and that all subcontractors shall certify and disclose accordingly. 5. Records Inspection In accordance with 2 CFR §200.336, a t any time during normal business hours and as often as the CITY, the U.S. Comptroller General, and /or the Auditor General of the State of California may deem necessary, SUB - RECIPIENT shall make available for examination all of its records with respect to all matters covered by this Agreement. The CITY, the U.S. Comptroller General and/or the Auditor General of the State of California shall have the authority to audit, examine and make excerpts or transcripts from records, including SUB - RECIPIENT'S invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14 55B -21 SUB- RECIPIENT agrees to provide any reports requested by the CITY regarding performance of the Agreement. 6. Records Maintenance Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. Subcontracts and Procurement SUB - RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party agreements, consultant service contracts and construction subcontracts. SUB - RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB - RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB - RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 8. Labor SUB - RECIPIENT shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § §276a to 276a -7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), the Contract Work Hours and Safety Standards Act (40 U.S.C. § §327 -333), regarding labor standards for federally-assisted construction subagreements, and the Hatch Act (5 USC § §1501 -1508 and 7324 - 7328). SUB- RECIPIENT shall comply with the Federal Fair Labor Standards Act (29 USC §201) regarding wages and hours of employment. None of the funds shall be used to promote or deter Union /labor organizing 15 55B -22 activities. CA Gov't Code Sec. 16645, et seq. 9. Civil Rights SUB - RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681- 1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91 -616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § §523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § §290 dd -3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601, at seq.), as amended, relating to non - discrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 10. Environmental SUB - RECIPIENT shall comply, or has already complied, with the requirements of Titles II and III of the Uniform relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally - assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. SUB - RECIPIENT shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) 16 55B -23 evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § §1451, at seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § §7401, et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93205); and (i) Flood Disaster Protection Act of 1973 §102(a) (P.L. 93 -234). SUB - RECIPIENT shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § §1271, at seq.) related to protecting components or potential components of the national wild and scenic rivers system. SUB - RECIPIENT shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § §4801, et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. SUB - RECIPIENT shall comply with the Federal Water Pollution Control Act (33 U.S.C. § 1251 -1387) which restores and maintains the chemical, physical and biological integrity of the Nation's waters. SUB - RECIPIENT shall comply with the Federal Clean Water Act (CWA) (33 U.S.0 §1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. SUB - RECIPIENT shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, SUB - RECIPIENT ensures that it is in compliance with the California Environmental Quality Act (CEQA), Public Resources Code §21000, et seq. and is not impacting the environment negatively. SUB - RECIPIENT shall comply with the Energy Policy and Conservation Act (P.L. 94 -163, 89 Stat. 871). 11. Preservation 17 55B -24 SUB - RECIPIENT shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § §469a -1, et seq.). 12. Debarment and Suspension SUB - RECIPIENT shall comply with Federal Register, Volume 68, Number 228, regarding Suspension and Debarment, and SUB - RECIPIENT shall submit a Certification Regarding Debarment required by Executive Order 12549 and any amendment thereto. Said Certification shall be submitted to the CITY concurrent with the execution of this Agreement and shall certify that neither SUB - RECIPIENT nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department head or agency. SUB - RECIPIENT shall require that the language of this Certification be included in the award documents for all sub -award at all tiers and that all subcontractors shall certify accordingly. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, SUB - RECIPIENT will provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. 13. Drug -Free Workplace SUB - RECIPIENT shall comply with the federal Drug -Free Workplace Act of 1988, 41 USC §701, 44 CFR Part 67; the California Drug -Free Workplace Act of 1990, CA Gov't Code §§ 8350 -8357. 14. Financial Management SUB - RECIPIENT will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 15. Reporting — Accountability SUB - RECIPIENT agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (2 CFR Chapter 1, Part 170), specifically (a) the reporting ofsubawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements on executive compensation, and also requirements implementing the Act for the non - Federal entity at 2 CFR part 25 Financial Assistance Use of 18 55B -25 Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. SUB - RECIPIENT must also comply with statutory requirements for whistleblower protections at 10 U.S.C. §2409, 41 U.S.C. §4712, and 10 U.S.C. §2324, 41 U.S.C. §4304 and §4310 and 31 U.S.C. §6101 at seq. 16. Human Trafficking SUB - RECIPIENT will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. §7104) which prohibits grant award recipients or a subrecipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. 17. Freedom of Information Act SUB - RECIPIENT acknowledges that all information submitted in the course of applying for funding under this program or provided in the course of an entity's grant management activities which is under Federal control is subject to the Freedom of Information Act (FOIA), 5 U.S.C. §552. SUB - RECIPIENT should also consult State and local laws and regulations regarding the release of information, which should be considered when reporting sensitive matters in the grant application, needs assessment and strategic planning process. 18. California Public Records Act SUB - RECIPIENT acknowledges that all information submitted in the course of applying for funding under this program or provided in the course fo an entity's grant management activities may be subject to the California Public Records Act (California Government Code § §6250- 6276.48), which requires inspection and /or disclosure of governmental records to the public upon request, unless exempted by law. B. Statutes and Regulations Applicable To This Particular Grant SUB - RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB - RECIPIENT shall comply with new, amended, or revised 19 55B -26 laws, regulations, and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Title 44 Code of Federal Regulations (CFR) Part 13; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2009 Homeland Security Grant Program — Program Guidance and Application Kit; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445 -2448. Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination /Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub - awards) with Institutions of Higher Learning, Hospitals and other Non - Profit Organizations; and Part 83, Govemment- Wide Requirements for a Drug Free Workplace (grants). 2. Travel Expenses SUB - RECIPIENT as provided herein may be compensated for SUB - RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in -State and out -of- State travel shall not be reimbursed without prior written authorization from the UASI Grant Office. SUB- RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB - RECIPIENT'S travel policies and procedures. If SUB - RECIPIENT does not have established 20 55B -27 travel policies and procedures, SUB - RECIPIENT'S reimbursement rates shall not exceed the amounts established under 5 U.S.0 5701 -11, ( "Travel and Subsistence Expenses; Mileage Allowances'), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205- 46(a)). 3. Personally Identifiable Information SUB - RECIPIENT collecting Personally Identifiable Information (PII) must have a publically- available policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate 4. Hotel and Motel Fire Safety Act of 1990 SUB - RECIPIENT must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with Section 6 of the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974,15 U.S.C. §2225a. 5. Terrorist Financing E.O. 13224 SUB - RECIPIENT must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. 6. USA Patriot Act of 2001 SUB - RECIPIENT must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act), which amends 18 U.S.C. § §175 -175c. 7. Noncompliance SUB - RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB - RECIPIENT to CITY of any unlawful expenditures. C. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would 21 55B -28 be spent ( "Grant Assurances "), attached hereto as Exhibit C. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB - RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB - RECIPIENT used in violation of these Grant Assurances. SUB - RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. §414. Federal. State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB - RECIPIENT as an independent party and not as a CITY employee. §415. Inventions. Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB - RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ( "Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95 -517, Pub. L. 98 -620, 37 CFR part 401); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB - RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, royalty- free license, to use, manufacture, do so for all government purposes, any Agreement. C. Copyright Policy and a non - exclusive, irrevocable, improve upon, and allow others to Invention developed under this Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ( "Material ") is developed under this Agreement, the author or the CITY, at the CITY'S 22 55B -29 discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non - exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non - exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB - RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB - RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. §416. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB - RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub - Contractors. 23 55B -30 V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults Should SUB - RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB - RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB - RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB - RECIPIENT agrees to comply with all future CITY Directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. 24 55B -31 VI ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty -six (26) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties. 25 55B -32 IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST: CITY OF ANAHEIM, a municipal Corporation of the State of California By: By. Linda N. Andal Raul Quezada Clerk of the Council Chief of Police SUB - RECIPIENT CITY OF SANTA ANA 08- 3153247 APPROVED AS TO FORM: By: Printed Name Kristin Pelletier Title Interim City Attorney AS TO Printed Name O, // 19MOOSI&I Title Pw iEi 0'. u 26 55B -33 EXHIBIT A CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Authorized Agent Signature Printed or Typed Name Title 55B -34 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," " suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required lo, check the List of Parties Excluded from Procurement or Nan Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 55B -35 EXHIBIT B CERTIFICATION REGARDING LOBBYING Certification for Contracts. Grants. Loans and Cooperative Aareements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. AGREEMENT NUMBER CONTRACTORIBORROW ERIAGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE Initials 55B -36 Name of Applicant: Address: City: Telephone Number: E -Mail Address: EXHIBIT C California Governor's Office ofEinergency Services FY2016 GrantAssnrances (All HSGP Applicants) State: _ Zip Code: Fax Number: As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the Institutional, managerial and financial capability (including funds sufficient to pay any non - federal share of project cost) to ensure proper planning, management and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity(NOFO); (c) California Supplement to the NOFO; and (d) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (CFR) and updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof ofAuthority The Applicant will obtain written authorization from the city council, governing board or authorized body In support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required. (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board or authorized body. (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body. Initials 55B -37 (d) The official executing this agreement is, in fact, authorized to do so. This Proof of Authority must be maintained on file and readily available upon request. 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the U.S. Code (U.S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. § §1501 -1508 and § §7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) Initials 55B -38 transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three -year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause ordefault. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non - Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non - discrimination. These include, but are not limited to, the following: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88 -352 and 42 U.S.C. §2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. § §1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;(42 U.S.C. §§ 12101- 12213.); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101 - 6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290), relating to confidentiality of patient records regarding substance abusetreatment (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §3601 at seq.), relating to nondiscrimination in the sale, rental or financing of housing; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; U) California Public Contract Code §10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (1) The requirements of any other nondiscrimination statute(s) which may apply to the application. In addition to the items listed in (a) through (n), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in Initials_ 55B -39 employment because of ancestry, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth, or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§ 12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. §701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city orcounty planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order 12898 on the Environmental Justice Act, and Executive Order 11514 on Environmental Quality; (f) Notification of Environmental Protection Agency (EPA) violating facilities pursuant to Executive Order 11738; (g) Protection of wetlands pursuant to Executive Order 11990; (h) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (i) Assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §1451 etseq.); U) Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §7401 at seq.); (k) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend' federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order Executive Order 11990 which requires preservation of wetlands; (1) The Safe Drinking Water Act of 1974, (P.L. 93 -523); (m) The Endangered Species Act of 1973, (P.L. 93 -205); (n) Wild and Scenic Rivers Act of 1968 (16 U.S.C. §1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Initials 55B -40 Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 CFR §200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.0 §3729 which sets forth that no subgrantee, recipient or subrecipient shall submit a false claim for payment, reimbursement or advance. 12.Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109 -282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non - federal entity at 2 CFR part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 13.Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: Initials 55B -41 (a) Comply with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally- assisted construction contracts or subcontracts. (b) Comply with the Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon - profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job before commencing performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property - Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Prooertv Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally- assisted programs. These requirements apply to all Interests in real property acquired for project purposes regardless of Federal participation in purchase. (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of Insurable construction and acquisition is $10,000 or more. (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a -1 at seq.). (d) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Onlyto Federally- Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will Include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project. (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications. (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Initials 55B -42 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20.Freedom of InformationAct The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Rights Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM - PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the OHS financial assistance office and the OHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl(cDho.dhs.aov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. In the event any court or administrative agency makes a finding of discrimination against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the OHS Component financial assistance office and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 23.Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) OHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publically- available privacy policy that describes standards on the usage and maintenance of PII they collect. Award recipients may also find as a useful resource the OHS Privacy Impact Assessments: Privacy Guidance and Privacy Initials 55B -43 template respectively. 25. Copyrig ht All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under federal financial assistance awards. 26. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All recipients are required to be non - delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A -129. 28. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non - supplanting Requirements All Applicants who receive awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non - federal sources. 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh -Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 at seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All Applicants who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Initials 55B -44 34. Terrorist Financing All Applicants must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of recipients to ensure compliance with the Order and laws. 35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this federal award, the Applicant must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the terms and conditions of youraward. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175 -175c. IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers, including contracts under grants and cooperative agreements and subcontracts. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2016, Version 6.0, hereby incorporated by reference, which can be found at: https: / /www.dhs.gov /sites /default/files /publications /Fiscal ° /`20Year %202016 %20DHS %20General %20T erms %20and %20Conditions. pdf The undersigned represents that he /she is authorized to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Title: Date: 55B -45 Initials 55B -46 Exhibit 3 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2016 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2016, the City of Anaheim is the lead administrative agency for UASI funding. C. The City of Santa Ana has been awarded funding from the City of Ana heinmfor_the_fiscal..year 2016_UASI int he-amount-of-S1,792,522. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the City of Anaheim for the FY 2016 Urban Areas Security Initiative funding program in the amount of $1,792,522. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2017 -XXX 55B -47 Page 1 of 2 ADOPTED this _ day of May, 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Son' Carvalho, City Attorney By. Tamara Bogosian 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._2017 -XXX to be_the_originaI resolution adopted_by_the City Council--of the —_ City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2017 -XXX Page 2 of 2 55B -48 P.O. Box 3369 Anaheim, California 92803 -3369 www.ananeim net Exhibit 4 City of Anaheim P ®LICE DEPARTMENT April 5, 2017 Gerardo Mouet, City Manager City of Santa Ana 20 Civic Center Plaza, 811 Floor Santa Ana, CA 92701 SUBJECT: Notification of Sub - Recipient Award FY2016 Urban Area Security Initiative (UASI) Grant Program Grant #2016 -SS -0102, CFDA# 97.067 Sub- Recipient Performance Period: September 16, 2016 to March 31, 2019 Requesting Jurisdiction: City of Santa Ana Projects: E -007) OC Civic Center— Maintenance $195,000 G -011) ReadyOC Emergency Preparedness Campaign $250,000 G -012) 'If You See Something, Say Something' Campaign $175,000 H -015) Regional Training Program $389,422 1020-027) Regional Exercise Program $217,200 J -033) OCIAC Equipment: Data Sources $2,000 Planning & Personnel $441,250 Management & Administration $122.65 0 Total Award: $1,792,522 Dear Mr. Mouet: iThis letter serves to inform you that the City of Santa Ana has been approved for grant funding under the FY2016 Urban Areas Security Initiative (UASI) Grant Program. Project applications were submitted by the Santa Ana Police Department requesting grant funding to purchase maintenance for the Orange County Civic Center Video Surveillance System, fund the ReadyOC Emergency Preparedness and 'if You See Something, Say Something' Campaigns, and fund the Regional Training and Exercise Program. An in depth review of each application and project concept was necessary prior to approval. This process is required due to stringent UASI Grant Guidelines that must be adhered to. Following the review, all the above stated projects were found to be viable based on investment justifications, regional benefit, and degree of applicability to the overarching Urban Area goals and objectives. The City of Santa Ana has been approved for training funds under the FY16 UASI Grant Program. The Anaheim /Santa Ana UASI (ASAUA) recognizes the importance of training and will continue to provide funding for regional training. Over the years, the ASAUA has adopted a centralized approach to training where a focused core curriculum of courses was 55B -49 established for first responders in the urban area. This regional concept has been utilized with each grant cycle since FY09 and will continue with FY16 UASI grant funding. Leaders from each jurisdiction are collaborating on the planning and establishment of core training for their respective disciplines to ensure the needs of the region are met at every level. Due to reduced UASI grant awards, reimbursement for overtime and backfill for training is no longer being offered. However, the grant will continue to provide reimbursement for personnel who assist with the instruction and delivery of the approved UASI courses. The funding allocation below is being provided as an estimated value of training instructor participation based on the number of first responders in your agency that have been approved to teach. It is being provided for your City's respective internal budgetary needs only and does not reflect a direct allocation as in the past. Additional funds may be awarded at a later time depending on your agency's participation and available dollars. Regional Training Proeram — Instructor Particination Police Department: $56,222 As part of the Anaheim /Santa Ana UASI Grant Office, the City of Santa Ana will receive $441,250 for planning and personnel costs for UASI grant staff. In addition, the City will receive $122,650 for management and administration costs. Allowable expenses include UASI grant staff salaries, travel, meetings, and authorized office equipment and supplies. It is critical that all City of Santa Ana employees that are involved in the FY16 UASI Grant Program become familiarwith the Transfer Agreement between the City of Santa Ana and the City of Anaheim regarding the FY16 UASI Grant Program as well as the FY16 Homeland Security Grant Program Federal Opportunity Announcement, the FY16 Homeland Security Grant Program California Supplement Guidance, and the FY16 Anaheim /Santa Ana UASI Sub - Recipient Grant Guide. It is imperative that the Anaheim UASI Office is contacted before any projects are procured to ensure that Environmental Historic Preservations (EHP) requirements have been met, as well as financial regulations pertaining to sole source. We will seek any applicable requests and approvals on your behalf to the State. As outlined in the FY16 Sub- Recipient Grant Guidance, progress reports are to be submitted to the UASI Grant Office on a quarterly basis. The Quarterly Project Status Report will allow the grant office to work closely with your City and its designated UASI representatives, ensuring your project is completely successful. Final Training Reimbursement Requests are due no later than December 31, 201 and Final Equipment /Salary Reimbursement Requests are due no later than March 31, 2019. If you have any questions regarding this letter, please feel free to contact UASI Grant Coordinator Kerrstyn Vega at (714) 765 -3632 or kveeaPanaheim.net. Sincerely, Chris Pena, Lieutenant Anaheim Police Department 55B -50 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: RESOLUTION DECLARING "FILL IT FROM THE TAP" TO PROMOTE CONSUMPTION OF CITY WATER (STRATEGIC PLAN NOS. 5,2; 5,6F) CI A RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution declaring "Fill It From The Tap," to promote consumption of affordable, healthy, and environmentally - friendly City of Santa Ana water. DISCUSSION The City's Strategic Plan guides Council's decisions toward improving the health and wellbeing of all City residents and patrons through Goal #5: Community Health, Livability, Engagement & Sustainability. To that end, the City will participate in a health initiative designed to raise awareness and encourage consumption of the City's award - winning municipal water. Working with the Centers for Disease Control and Prevention (CDC), Orange County Partnership to Improve Community Health (OC PICH), and Community Action Partnership of Orange County (CAPOC), the Alliance for a Healthy Orange County (AHOC) is implementing Risk Factor Related Population -Based Strategies for improving community health. One of these strategies is raising awareness of healthy beverage options. Water, if clean and available, is the healthiest beverage option. Unlike many alternatives, it contains no empty calories, promotes good health and wellbeing, and does not contribute to chronic health conditions that can significantly affect Santa Ana residents (i.e., obesity and diabetes). Orange County's Healthy Together Health Improvement Partnership has prepared Community Health Assessments and brief summaries, called City Profiles, for all cities in Orange County, which highlight many community characteristics and statistics for common indicators of health and wellbeing. The Santa Ana City Profile (Exhibit 1) shows City residents have higher than average rates of obesity and diabetes compared to the rest of Orange County. Reducing individual consumption of sugary beverages by substituting water may help to reduce the prevalence of these chronic health conditions within the community. 55C -1 Resolution Declaring "Fill It From The Tap" To Promote Consumption of City Water May 16, 2017 Page 2 Santa Ana's own municipal water is the best beverage option in Santa Ana. It is among the purest and best tasting water in the nation, winning gold and silver medals in recent taste tests. It is readily available, as all habitable buildings, parks, and public facilities in Santa Ana have City water. It is inexpensive: one dollar spent on a typical eight -ounce bottle of water buys the equivalent of over 500 bottles of Santa Ana tap water. Last but not least, it is environmentally friendly when consumed from reusable containers as opposed to disposable plastic bottles that accumulate in landfills. With these benefits in mind, staff recommends that the City Council approve the attached Resolution (Exhibit 2) to promote consumption of affordable, healthy, and environmentally - friendly City of Santa Ana water by declaring, "Fill it from the tap." STRATEGIC PLAN ALIGNMENT 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); and, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy F (incorporate health and wellness into all applicable policies and plans [ ... ]. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action FISCAL IMPACT There is no fiscal impact associated with this action. a Frea Mousavipour Executive Director Public Works Agency FM /NS Exhibits: 1. Orange County's Healthy Together Santa Ana City Profile 2. Resolution 55C -2 Orange eeoonfv's H 'H' ER R Santa AnaCITY PR 5 FILE This profile provides an overview of key health, social, and economic indicators for Santa Ana, California. Most indicators below can be reviewed in greater detail on the OC Health Dashboard at www. ochealthiertooether .oro /communitvdashboard, which hosts over 200 indicators for Orange County. Total Population 331,266 Foreign Born Persons 47.3% Median Age 29.7 years Speak a Language other than English at Home 82.8% Orange County and Santa Ana Population by Age Group Orange Coun and Santa Ana Population by Race 776 64.3% 63.4% a Orange County 0 Gran County Orange Coun ■ Santa Ana 42.9% ■ Santa Ana 34.0% 17.1% 20.9% 18.5% 8.5% 12.4% ] 2% 9.2% 10.3% 6.2% 1.5% 1.0% 3.1% 0.9% UnderS 5 -17 18 -64 65+ White HlspanicorLabno Asian Bla&wAftican other American American Community Survey, 2010 -2014 Socicieconomics Median Household Income Renters Spending 30% or More of American Community Survey, 2010 -14 $52,519 • Household Income on Rent 63.8% American Community Survey, 2010 -14 Persons Living Below Poverty Level 22.1%0 Homeownership 43,8 %0 American Community Survey, 2010 -14 American Community Survey, 2010 -14 Life Expectancy 81.0 Adults who are Obese 31.1% • OC Health Care Agency, 2013 years California Health Interview Survey, 2011 -12 Adults with Health Insurance 58.1%0 Adults with Diabetes 10.0% • American Community Survey, 2010 -14 California Health Interview Survey, 2011 -12 Early Prenatal Care 85.6% Adults who Smoke 12.5% • California Department of Public Health, 2013 California Health Interview Survey, 2011 -12 Pre -term Births 8.8% 0 Alcohol & Other Drug Collision Rate 95.7 per Lucille Padmrd Foundation, 2013 It:Z71 CHP Statewide Integrated Traffic Records System, 2014 100,000 �1 Persons 25+ with a H.S. Diploma 54 1 °/d Persons 25+ with a Bachelors 11.8% • American Community Survey, 2010 -14 American Community Survey, 2010 -14 Workers who Drive Alone to Work 71.9% �l Mean Travel Time to Work 24.9 �\ American Community Survey, 2010 -14 American Community Survey, 2009 -13 minutes l�l AklliThis gauge shows how Santa Ana compares to This gauge shows how Santa Ana • Measures marked with this red dot state or U.S. counties. Gauge is at green when A" compares to the state average. Green indicate the city has a rate or proportion the city is in the top 50%, yellow when indicates above average and red that is at least 10% worse than Orange between 25 -50 %, and red when in the lowest indicates below average. County's average. 25 %. Data retrieved from OCHealthierToaether.org July 7, 2016 T,l �� Jl 55C -4 imf 5 -1 -17 RESOLUTION NO.2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING "FILL IT FROM THE TAP" Whereas, the United States of America is in the midst of an obesity epidemic that is affecting the lives of both children and adults; and Whereas, sugar- sweetened beverages play a significant role in this epidemic; and Whereas, the City of Santa Ana recognizes that healthier beverage choices reduce overall rates of overweight and obesity, and that efforts to promote healthier beverage choices, such as water, can be part of the solution; and Whereas, drinking more water is medically proven to increase overall health and is recommended by the Centers for Disease Control and Prevention; and Whereas, drinking tap water over bottled water is proven to be more affordable, safer, and better for the environment; and Whereas, the City of Santa Ana has a long history of environmental stewardship and commitment to the health and quality of life of its community; and Whereas, the City of Santa Ana sets stringent standards for its tap water, which since 1990 has met or exceeded the drinking water health standards required by the California Department of Public Health and the United States Environmental Protection Agency; and Whereas, the City of Santa Ana has earned the distinction of producing among the nation's best and highest quality water on tap and promotes its "Award Winning" water - - throughout- the - community. — NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana hereby adopts a "Fill It From The Tap" policy to encourage the use of tap water at all City facilities, public venues, and community events, improve access to healthy beverage options, and promote Santa Ana's award - winning water. Section 2. The City of Santa Ana urges City staff to exercise the best practice of using only City tap water at City meetings and functions. Resolution No. 2017 -XXX Exhibit 2 Page 1 of 3 55C -5 Jmf 5-1 -17 Section 3. The City of Santa Ana supports the Water Resources Division's presence and distribution of tap water at City community events as long as this does not exceed the City's staff and materials resources. Section 4. The City of Santa Ana encourages vendors to provide tap water and reduce the use of bottled water at City events where the Water Resources Division is present and providing tap water for public consumption. Section 5. The City of Santa Ana encourages residents to bring reusable water bottles or healthy beverages to community events. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: OrL 9K". John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers I_1 rim I 11ii10=1 NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55C -6 Resolution No. 2017 -XXX Page 2 of 3 Imf 5-1 -17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2017 -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 55C -7 Resolution No. 2017 -XXX Page 3 of 3 55C -8 REQUEST FOR COUNCIL ACTION D311111111, 44 rkrejoyvil=1 MAY 16, 2017 TITLE: RESOLUTION APPROVING NEW BYLAWS RELATED TO THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE (STRATEGIC PLAN NO. 6, 1G) MAN ER' RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a Resolution whereby the City Council declares newly revised bylaws for governance over the business matters of the Environmental and Transportation Advisory Committee. DISCUSSION In 1991, the City Council established the Environmental and Transportation Advisory Committee (ETAC) by adopting Resolution 91 -112. Various administrative amendments related to ETAC were adopted, and in 1999, an ordinance codified the duties of ETAC in Chapter 33 of the Municipal Code. In 2014, staff looked into the history of ETAC, and the City Attorney's office determined that ETAC may only advise the City Council on matters related to trees and the urban forest. After that determination was brought to the attention of the City Council, staff collaborated with ETAC to clarify and modernize the roles and responsibilities of ETAC. A new ordinance governing ETAC was presented to the City Council on December 20, 2016. The second reading of that ordinance took place on January 17, 2017 (Exhibit 1). A companion set of revised bylaws were developed along with the new ordinance and was included for reference only when the new ordinance was presented to the City Council. The new bylaws could not have been adopted concurrently because the ordinance would become effective until 30 days after its second reading. The new ETAC bylaws are ready for adoption and are herein presented in the attached Resolution (Exhibit 2). The new ETAC bylaws were updated to match the new Ordinance since the new general duties of ETAC include acting in an advisory capacity to the City Council in matters related to transportation and streetscape master plans, and guiding principles on Water and Wastewater in addition to the former duties on matters regarding public trees within the urban forest. 5513-1 Resolution Adopting New ETAC Bylaws May 16, 2017 Page 2 The former bylaws are outdated and make references to obsolete roles. The new ETAC bylaws make reference to the new Ordinance, and are updated to match the style and format of other more recently adopted bylaws in effect on other committees. Lastly, the new bylaws are organized in logical sequence. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). FISCAL IMPACT There is no fiscal impact associated with this action. I bz� Fred Mousavipour Executive Director Public Works Agency i Exhibits: 1. Ordinance Establishing New ETAC Roles and Responsibilities 2. Resolution Approving New ETAC Bylaws 55D -2 imf 1 -09 -17 ORDINANCE NO. NS -2910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33, ARTICLE VII OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE ROLE AND DUTIES OF THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE 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 Council is authorized pursuant to Santa Ana Charter Section 900 to create by ordinance such appointive boards or commissions as in its judgment are required and is authorized to grant to them powers and duties consistent with the Charter. B. On December 2, 1991, the City Council created and established pursuant to City Council Resolution No. 91 -112 the Environmental and Transportation Advisory Committee (ETAC) for the City of Santa Ana, which consists of nine (9) members, citizens, residents and business representatives of the city. C. The various resolutions that govern ETAC have differing references to ETAC's role and duties. D. Ordinance No. NS -2414, which codified the duties of ETAC in Chapter 33 of the Santa Ana Municipal Code, only makes reference to ETAC's duties with respect to trees. E. The City Council seeks to update and clarify the duties of ETAC in order to remove any inconsistencies and ambiguities as to ETAC's role and duties as an advisory body. F. Based on the foregoing, it is necessary to amend sections of the Santa Ana Municipal Code in order to clarify and update the duties of ETAC. Section 2. Section 33 -183 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33 -183. Creation and establishment of the Environmental and Transportation Advisory Committee. (a) On December 2, 1991, the city council created and established under city council Resolution No. 91 -112 the environmental and transportation advisory Ordinance No. NS -2910 4b"dt i Page 1 of 4 committee (ETAC) for the City of Santa Ana. The Environmental and Transportation Advisory Committee shall be comprised of nine (9) members who shall be qualified electors of the city. The provisions of sections 900 and 900.1 of the Charter of the City of Santa Ana shall govern the appointment, removal, and terms of members of ETAC and the existence of vacancies on ETAC. Membership in ETAC may include one (1) member who shall be nominated by the Santa Ana Chamber of Commerce and one (1) member nominated by the Santa Ana Hispanic Chamber of Commerce within the nine (9) member limit. The members nominated by the Chambers need not be qualified electors of the city. (b) ETAC meetings and procedures shall be resolved and detailed in separately adopted by -laws. Section 3. Section 33 -184 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 33.184. Duties and responsibilities of the Environmental and Transportation Advisory Committee. (a) The duties of ETAC shall consist of acting in an advisory capacity to the city council in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of public trees in the public right of way. ETAC shall review and make recommendations regarding requests for public tree removal by individual property owners, neighborhood associations, or developers. ETAC shall make recommendations on designated species for specific streets and neighborhoods. (b) ETAC will assist in the dissemination of news and information regarding the protection, maintenance, removal and planting of public trees on public property to the city council and citizens of the City of Santa Ana. (c) ETAC, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of the urban forest. (d) The duties of ETAC shall also consist of acting in an advisory capacity to the city council, in the study, review, and recommendation related to master planning of transportation and streetscape matters, and guiding principles on Water and Wastewater matters. (e) ETAC shall provide general input regarding the City's Circulation Element, the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and advice on major surface transportation programs. ETAC may also provide input on street environment, streetscape, and right of way aesthetics. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Ordinance No. NS -2909 Page 2 of 4 5501-4 jmf 1 -09-17 court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 17th day of January, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: on4 1W. J n M. Funk Assistant City Attorney AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero. Villeaas (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers Sarmiento (1) Ordinance No. NS -2910 55D -5 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -2910 to be the original ordinance adopted by the City Council of the City of Santa Ana on January 17. 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 1 av�7 C "L CY✓t�c �• Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2909 Page 4 of 4 55D -6 imf 5/1/17 RESOLUTION NO.2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING REVISED BYLAWS FOR THE ENVIRONMENTAL AND TRANSPORTATION ADVISORY COMMITTEE WHEREAS, on December 20, 2016, Ordinance NS -2910 governing the roles and duties of the Environmental and Transportation Advisory Committee (ETAC) was presented to the City Council for its first reading. WHEREAS, on December 20, 2016, the City Council directed revisions to Ordinance NS -2910 as presented for first reading whereby the role and duties of ETAC would include acting in an advisory capacity to the City Council in matters related to trees in the public right of way and also in matters related to master planning of transportation and streetscape and guiding principles on Water and Wastewater. WHEREAS, on January 17, 2017, Ordinance NS -2910 was presented to the City Council in its final form for its second reading and was approved, becoming effective thirty days following approval. WHEREAS, a companion set of revised bylaws were developed in conjunction with Ordinance NS -2910 but could not be considered until the ordinance was in full effect. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The revised bylaws for the Environmental and Transportation Advisory Committee, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: a , M.I. L_�L J n M. Funk Assistant City Attorney Exhibit 2 Resolution No. 2017 -XXX Page 1 of 2 5501-7 jmf 5/1/17 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. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2017. Date: Clerk of the Council City of Santa Ana 55D -8 Resolution No. 2017 -XXX Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: IMMIGRATION LEGAL DEFENSE OPTIONS NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Discuss the various options identified by staff to facilitate providing legal representation to those members of the community that are at risk for deportation and discuss whether to further pursue any of the following alternatives: a) Partner with Immigrant Defenders or Other Established Providers of Legal Services b) Establish a Joint Powers Authority c) Establish a Central Location for Referral of Services d) Provide Funding for a Legal Defense Fund e) Pursue Vera Institute Support Grant 2. Provide direction on a different option or 3. Decide not to take any further action. DISCUSSION On February 21, 2017, a majority of the Santa Ana City Council voted to direct staff, in consultation with the City Attorney's Office, to collaborate with state and county government, as well as legal service providers and private stakeholders, to prepare to launch a coordinated initiative to provide access to legal representation to Santa Ana residents currently at risk of removal and who cannot afford an attorney. A majority of the City Council also instructed that staff provide an analysis of all legal, fiscal and organizational issues presented and report back to the City Council with recommendations. The population of Orange County is approximately 3,169,776.' California is home to an estimated 2.35 to 2.6 million undocumented immigrants. As of 2013, it was estimated that t July 1, 2015 US Census Numbers. https://www.census.gov/quickfacts/table/?ST045215/06059 65A -1 Immigration Legal Defense Options May 16, 2017 Page 2 Orange County had 247,500 undocumented immigrants .2 In response to the City Council's direction of February 21, 2017, the law professors who direct the Western State College of Law Immigration Clinic and the UCI Law School Immigrant Rights Clinic provided the City Attorney's Office with a memo outlining information on this subject and suggestions for follow -up. The professors pointed to statistics which indicate that 68% of immigrants are unrepresented in immigration cases.3 Unrepresented detained immigrants are able to demonstrate their eligibility for relief from deportation only 6% of the time, while those with lawyers succeed more than five times as often .4 These statistics make it clear that there is a significant benefit to having an attorney during immigration proceedings. Currently, the law provides for guaranteed legal representation only in criminal cases where the defendant is indigent. While immigration proceedings are administrative in nature, the consequences can be equally serious. In furtherance of the Council's direction, the City Attorney hosted a meeting on March 8, 2017 at the City with legal service providers, private stakeholders, and City Staff. The private stakeholders that participated in the meeting were from Resilience OC, Orange County Immigrant Youth United, and Asian Americans Advancing Justice Orange County. The legal service providers that participated in the meeting were from the Western State College of Law Immigration Clinic, the UCI Law School Immigrant Rights Clinic, the Public Law Center, and two lawyers from private law firms with particular knowledge of the legal services available to indigent individuals subject to removal. During the meeting, a valuable exchange of ideas and a fruitful discussion took place. As a result of the March 8th meeting and subsequent information gathering, the following options and recommendations regarding the potential framework for providing access to legal representation as discussed in City Council Agenda Item 85A from February 21, 2017. 1. The City Should Take Actions That Will Reduce Fear in the Community Community stakeholders in conjunction with City staff noted that the residents of Santa Ana have fear that often inhibits them from seeking assistance for many issues, not the least of which are immigration related matters. Some of this fear may be a result of misinformation about immigration enforcement activities in the area and whether city police officers are extensions of federal immigration officers. Community members feel strongly that addressing these fears by way of education about an individual's rights is important, including the possibility of a "know your rights" clinic of the type sponsored by groups like the ACLU. Community members and City Staff noted that fear can have a broad effect on the community, including lack of education for certain youth that are kept at home by their parents due to immigration related fears. A downturn in enrollment and /or attendance, affects the local school districts and community college districts and results in revenue loss, which can affect services. Fear can also cause undocumented z Public Policy Institute of California, Just the Facts, "Undocumented Immigrants in California." March 2017. ht tp:// www. ppic. org/main/publication_show.asp ?i =818 s See California Coalition for Universal Representation, California's Due Process Crisis: Access to Legal Counsel for Detained Immigrants (June 2016), available at hitps://www.nilc.orzlwn- contents /unloads/ 2016 /06/ access -to- counsel - Calif- coalition- report- 2016- 06.ndf 'Id, note 3 at 7. 65A -2 Immigration Legal Defense Options May 16, 2017 Page 3 individuals to seek assistance from inexperienced, unlicensed, or unqualified professionals who often exploit them, causing additional fear and distrust. Some of these service providers, for example, hold themselves out to be lawyers when in fact they are not licensed to practice law. 2. The City Should Take Actions That Will Build Trust with the Communitv Community members also expressed that lack of trust, in conjunction with fear, prohibit individuals from coming forward to obtain assistance that they may need. Often trust in government is minimal due to preconceived notions brought with people from their place of birth or misinformation about the role of local government in relation to the federal government. Community members feel strongly that a partnership with grass roots organizations and /or religious organizations may go a long way in building trust with the community because these organizations have more day -to -day contact with residents than local or county government. 3. The City has Several Potential Options to Facilitate Providing Legal Representation to Those Members of the Communitv That Are at Risk for Deportation a) Partner with Immigrant Defenders or Other Established Providers of Legal Services In Los Angeles, a pro bono law firm named Immigrant Defenders Law Center advocates for universal representation in immigration matters and functions as a type of public defender system for immigrants facing deportation. The Immigrant Defenders Law Centers is supported by the Vera Institute for Justices, Georgetown University Law Center, USC Gould School of Law, Crittenton7, Skadden Foundations, MALDEF, California Community Foundation, and the Episcopal Church in the Diocese of Los Angeles. Several of the legal practitioners that attended the March 8u' meeting advocated for a partnership with Immigrant Defenders Law Center and /or supporting an expansion of the Immigrant Defenders Law Center to the Orange County area. That option would likely require some monetary support from the City and /or non - profit entities but has the advantage of a faster start-up. b) Establish a Joint Powers Authority California Government Code section 6502 allows two or more public entities, if authorized by their governing boards or legislature, to enter into an agreement to jointly exercise any power common to the contracting parties. The parties may also create a separate entity entitled a joint powers authority. Government Code section 6503.5. A joint powers agreement or a joint powers 5 www.immdeforg 6 http: / /www.vera.org/ 7 http: / /crittentonsocal.org /what -we -do /community- based - services/ 8 htt ps : / /www.skaddenfellowships.org/ 65A -3 Immigration Legal Defense Options May 16, 2017 Page 4 authority may be one way for the City and another government agency, primarily, the County, to join forces to provide legal representation to local residents for immigration proceedings. However, this option would need further discussion, most notably, outreach to the County of Orange if use of County public defenders is contemplated. One example of this type of JPA is the successful Tri -City Mental Health Center, a municipal joint powers authority in Pomona to provide mental health care services for residents of those cities. c) Establish a Central Location for Referral of Services The City of San Jose has an Office of Immigrant Affairs which is housed in the City Manager's Office. The Officer of Immigrant Affairs provides resources and links to resources for community members. The resources include a list of information such as links to lawyers, refugee organizations, legal rights information, and immigration information such as the DREAM Act. The City of Santa Ana could establish a similar office which would compile a list of available resources for individuals in the community and make them available at the office and on the internet. This option would require the City to hire or assign a current City employee to the position of project manager or community liaison. Funding for this position would have to be identified. d) Provide Funding for a Legal Defense Fund The participants in the March 8th meeting all agreed that there is a need for greater coordination to increase the supply of qualified immigration attorneys in Orange County who are willing and available to provide deportation defense to indigent individuals. They advocated for training and leadership classes to develop a pool of competent immigration attorneys and legal staff that can assist the community. The legal practitioners and law school professors also advocated for the creation of a dedicated unit with expertise and capacity for deportation defense; provision of high - quality, holistic representation including funding for interpreters and experts; flexibility to respond to enforcement practices; and eligibility restrictions limited to income only and not criminal record. This vision is akin to the Immigrant Defenders Law Center and /or New York Family Immigrant Unity Project (NYFIUP) programs but would be started from the ground floor in Orange County using those projects as a model. The legal practitioners and law school professors envision a significant monetary contribution from the City of $1 million dollars and from non - profits of $1 million dollars. Given the City's current budget constraints, it may not be the most attainable option unless the funds came solely from non - profits. Furthermore, the issue of whether a screening process for income and criminal background requirements would be used and what that screening process would entail would need to be explored. The cities of New York, Chicago, San Francisco, and Los Angeles have all started legal defense funds. Chicago recently approved a $1.3 million dollar legal defense fund. The money in this fund will be split between two non- profits.9 The City of Los Angeles and Los Angeles 9 http:// bigstory. ap. org / article/ dl28dc5lfD694lef8d327647843b322c/ cities -coun ties - mull - immigrant- legal -fund- after- trumps- win 65A -4 Immigration Legal Defense Options May 16, 2017 Page 5 County announced a $10 million dollar fund, with half coming from private donations and half from public funds.10 The fund, entitled the L.A. Justice Fund, is a partnership between the City of Los Angeles, the County of Los Angeles, the California Community Foundation, the Weingart Foundation and the California Endowment." In San Francisco, the Mayor's Office of Housing and Community Development funds the San Francisco Immigrant Legal Defense Collaborative. The Collaborative provides free, high quality, culturally competent legal services on behalf of immigrant children and families in the San Francisco area.t2 The collaborative includes API Legal Outreach, La Raza Community Outreach Center, La Raza Centro Legal, Carecen SF, Pangea Legal Services, the Bar Association of San Francisco, Immigrant Legal Resource Center, Legal Services for Children, Center for Gender & Refugee Studies, Immigration Center for Women and Children, and Kids in Need of Defense (KIND). The Collaborative also works closely with two private law firms which provide pro bono support. e) Pursue Vera Institute Support Grant Several participants in the March 8th meeting lead by the law professors have been working on a Vera Institute grant. The Vera Institute is a non - profit organization with offices in New York City, Los Angeles, Washington D.C. and New Orleans. Their website is www.vera.org. The Vera Institute was one of the founding members of the NYFIUP which is a project where the Vera Institute has partnered with several groups including the City of New York to provide public defender services to immigrants in removal proceedings. The goal of the SAFE Network will be to replicate the success of the New York program. The SAFE Network will consist of 10 -12 members with New York City, Los Angeles, San Francisco and Chicago as the core members. The Vera Institute expects to add 6 -8 members through the letter of interest process. The City sent its letter of interest on April 28, 2017 and has already been contacted. If the City is selected to participate further it will have to submit a longer more detailed proposal. Members of the SAFE Network will receive a one -time catalyst grant and in kind support from the Vera Institute. The in kind support will include training for attorneys, assistance with the RFP process, assistance negotiating contracts, information about best practices, conference calls with the 10 http://www.npr.org/sections/thetwo- way/ 20 1 6 /1 2/20/5062564 1 7/la- legal- defense -fund- created -to- aid - immigrants - facing- deportation " htt ps:// www.lamayor.org/mayor- garcetti- announces- legal - fund - fight- immigrant- rights "http: / /sfildc.org/ 65A -5 Immigration Legal Defense Options May 16, 2017 Page 6 Network, progress and performance monitoring, access to data about the program that will be collected, and participation for elected officials in media outreach and press releases. The Catalyst Grant Fund currently has $1.5 million in total and the Institute anticipates providing grants of varying amounts out of that money. The minimum grant per network member will be $100,000. To receive the support the City must make a commitment of public dollars and as written the current proposed commitment would be about $500,000 per year. FISCAL IMPACT None by this action. �U City Attorney kSonia R. Carvalho 65A -6