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HomeMy WebLinkAbout FULL PACKET_2017-09-05MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None AUGUST 15, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:14 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:37 p.m.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:35 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 5:14 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: The Orange County Catholic Worker, et al v City of Santa Ana, United States District Court for the Central District of CA (S.D.), Case No.: 8:17-cv-01340 CITY COUNCIL MINUTES 1 AUGUST 15, 2017 10A-1 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: California Voting Rights Act Letter 3. CONFERENCE WITH LEGAL COUNSEL --INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: California Lodge Property (2909 S. Bristol.) 4. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code: Carlos Rojas, Claim #2017-109 5. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 1027 N. Bristol Street, Santa Ana, CA, APN No. 405- 274-09 Owners: Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC Negotiators: Interim City Manager Kurtz (Deputy Cortez) Terms: Conditions of potential sale 6. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Service Employees' International Union (SEIU) Full -Time Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) CLOSED SESSION REPORT - See Item 19A for any reportable actions. RECESSED THE CLOSED SESSION MEETING AT 6:45 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 AUGUST 15, 2017 10A-2 CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:51 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS COUNCILMEMBERS Absent: None STAFF Present: ROBERT CORTEZ, Deputy City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO RUPERT VEGA, POLICE CHAPLAIN SPECIAL PRESENTATION by Orange County Transportation Agency Highway Update presented by Andrea West, Government Relations Representative. AGENDA ITEM CONSIDERED OUT OF ORDER 55B. APPROVE A COMMUNITY WORKFORCE AGREEMENT WITH THE LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND UNIONS; ADOPT A RESOLUTION AMENDING THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLAN AND ANNUAL BUDGET {STRATEGIC PLAN NO. GOAL 2, 4a} - City Manager's Office The following spoke on the matter: CITY COUNCIL MINUTES 3 AUGUST 15, 2017 MUNI • Avelino Valencia III, read letter of support for the record on behalf of Honorable Assembly member Tom Daly. • Ernesto Medrano, expressed strong support for proposal. • John Hanna, Government Affairs Director for Southwest Carpenters, thanked the City Attorney and staff for working with union leaders on said matter. • Adrian A Esparza, Local 441, echoed comments and urged the City Council to approve agreement. • David Lawhorn, representing the Electrical Apprenticeship of Orange County, expressed support for agreement; look forward to working with all union members represented. Mayor Pro Tem Martinez, motioned to move matter forward. Councilmember Tinajero, thanked Ernesto Medrano for efforts and all for working diligently to bring matter forward. Opined that only City in Orange County to have a Project Labor Agreement — bring jobs to the City and have long term benefits. Councilmember Sarmiento, recognized historic day; Santa Ana leading the path; asked staff to clarify fiscal impact; opined that range is arbitrary since agreement includes many non -quantifiable benefits to our community and if any costs would be offset — keep jobs local. Deputy City Manager Cortez, point of clarification that staff has researched matter; array of different ranges from cost neutral up to 20% when implementing such an agreement; range included in staff report are not to be considered absolute; projects will be analyzed individually on a go -forward basis. Mayor Pro Tem Martinez, thanked union for efforts over past 10 years to bring matter forward; many models analyzed; support proposal. Councilmember Benavides, thanked colleagues and speakers for supporting item; noted that community workforce agreement will focus on economic development. Councilmember Villegas, proudly support matter. Councilmember Solorio, supports matter; project is a bridge between former City Council and current members; task oriented effort by many members that bring matter to fruition; project labor agreement largely due to efforts by ad hoc committee; first of its kind in Orange County; modeled after agreement approved by Rancho Santiago Community College board; local hire in addition to other elements included in agreement; local economy will benefit. CITY COUNCIL MINUTES 4 AUGUST 15, 2017 10A-4 Mayor Pulido, commented that concept long in the making; team effort; expressed strong support for agreement. MOTION: 1. Authorize the Interim City Manager and the Clerk of the Council to execute the Community Workforce Agreement with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions for Prime Multi -Trade Construction Contracts over $250,000 and Specialty Contracts over $100,000 for five years subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT NO. 2017-189). 2. Adopt a Resolution. RESOLUTION NO. 2017-056 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD A CONTRACTS ADMINISTRATOR POSITION IN THE PUBLIC WORKS AGENCY 3. Approve an appropriation adjustment. (Requires rive affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-018 to fund the Contract Administrator position. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: PRESENTATIONS - Continued SECOND: Tinajero Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) None (0) None (0) None (0) CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER SARMIENTO to the Orange County Labor Federation Civic Engagement & Leadership Participants: Invelva Audelio; Iveth Bueno; Laura Castellanos; Maria Giles; Beatriz Guzman; Miguel Guzman; Patricia Hernandez; Genoveva Jacobo; Maria Lopez; Ricardo Magallanes; Leticia Molina; Leticia Orozco; Amalia Padilla; and Leticia Sanchez. CITY COUNCIL MINUTES 5 AUGUST 15, 2017 10A-5 CERTIFICATES OF RECOGNITION by COUNCILMEMBER SOLORIO to the Young Square Neighborhood Association for outstanding contributions to the community: Mary Lou Branch; and Liz and Steve Meade. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Zander Bretza for his outstanding achievements in baseball. CLOSED SESSION REPORT - See item 19A for reportable actions PUBLIC COMMENTS • Barbara Lamere, spoke against Item 25F, opposed to leasing coveted land at Centennial Park by Rancho Santiago Community College. • Ilya Tseglin, requested assistance in removing his son from the Ward of the State. • Robert Tseglin, echoed comments by his father, Ilya. CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 31B, with the following modifications: Mayor Pro Tem Martinez, dissented on Agenda Item 25L. MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES CITY COUNCIL MINUTES G AUGUST 15, 2017 10A-6 10A. MINUTES FROM THE REGULAR MEETING OF AUGUST 1, 2017 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS I COMMITTEES 13A. APPOINT DENNIS VARNUM TO THE WORKFORCE DEVELOPMENT BOARD REPRESENTING EMPLOYMENT DEVELOPMENT DEPARTMENT (STRATEGIC PLAN NO 5, 1) - Community Development Agency MOTION: Appoint Dennis Varnum, Employment Program Manager III - Santa Ana Cluster Manager, to represent the Employment Development Department on the Workforce Development Board replacing Rob Claudio for a partial term expiring June 30, 2019. 13B. APPOINT GISELA CONTRERAS TO THE BOARD OF RECREATION AND PARKS FOR A PARTIAL -TERM EXPIRING DECEMBER 9, 2018 AS THE WARD 2 REPRESENTATIVE {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Gisela Contreras for an appointment to the Board of Recreation and Parks for the Ward 2 seat (replaces L. Guzman). 13C. RECEIVE AND FILE AGENDA AND MINUTES OF THE SPECIAL MEETING OF YOUTH, EDUCATION AND COMMUNITY SERVICES CITY COUNCIL COMMITTEE, JULY 24, 2017 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve settlements as follow: • CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: The Orange County Catholic Worker, et al v City of Santa Ana, United States District Court for the Central District of CA (S.D.), Case No.: 8:17-cv- 01340. Authorized terms of settlement by 6-0 vote (Pulido absent) CITY COUNCIL MINUTES 7 AUGUST 15, 2017 10A-7 • CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: California Voting Rights Act Letter. Authorized staff to submit response letter and approved by 6-0 vote (Pulido absent) • CONFERENCE WITH LEGAL COUNSEL --INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: California Lodge Property (2909 S. Bristol.) Authorized staff to file a lawsuit and approved by 6-0 vote (Pulido absent) • CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 1027 N. Bristol Street, Santa Ana, CA, APN No. 405-274-09 Owners: Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC Negotiators: Interim City Manager Kurtz Terms: Conditions of potential sale Settlement: Purchase Agreement authorized in the mount of $990,000 by a 4-1 vote (Martinez dissented and Tinajero and Pulido absent) (AGMT NO. 2017-190) 19B. EXCUSED ABSENCES — None 19C. RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF JUNE 30, 2017 {STRATEGIC PLAN NO. 4, 1 D) - Finance and Management Services MOTION: Receive and file. 19D. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES APRIL 2017 — JUNE 2017 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on July 26, 2017, by a vote of 5-0 (Cano absent). MOTION: Receive and file. CITY COUNCIL MINUTES 8 AUGUST 15, 2017 10A-8 19E. RECEIVE AND FILE STRATEGIC PLAN MONTHLY REPORT FOR JULY 2017 {STRATEGIC PLAN NO. 5, 1} - City Manager's Office The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-plaaa[DD�/. MOTION: Receive and file. 19F. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 11 - Police Department MOTION: Approve the request for the destruction of obsolete records from the Finance and Management Services Agency and the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013-014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A. APPROVE AN APPROPRIATION ADJUSTMENT TO REVIEW WORKFORCE INNOVATION AND OPPORTUNITY ACT FUNDS FOR PROGRAM YEAR 2016-2017 TO ASSIST JOB SEEKERS ACCESS EMPOLYMENT, EDUCATION, TRAINING, AND SUPPORT SERVICES {STRATEGIC PLAN NO. 2, 41 - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-013 - Recognizing additional Workforce Innovation and Opportunity Act grant funds in the total amount of $6,706 in revenue account and appropriating as follows: $ 48.70 in Administrative Allowance funds to account; $ 438.30 in Dislocated Worker funds to account; $3,219.00 in Rapid Response funds to expenditure account; and $3,000.00 in 15% Governor's Discretionary funds to account. 20B. APPROVE AN AGREEMENT TO PROVIDE VETERINARY SERVICES, AN AMENDMENT TO INCREASE FINANCIAL CONTRIBUTION FOR VETERINARY EXPENSES, AND APPROPRIATION ADJUSTMENT IN VETERINARY CONTRIBUTIONS FOR THE SANTA ANA ZOO {STRATEGIC PLAN NO. 2, 2E} - Parks, Recreation and Community Services Agency CITY COUNCIL MINUTES 9 AUGUST I5, 2017 MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Dr. Scott Weldy, dba Serrano Animal and Bird Hospital to provide veterinary services for the Santa Ana Zoo in an annual amount not -to -exceed $137,280, which includes a 10% contingency, for a term from September 1, 2017 through August 31, 2019, with two, one- year renewal options for a total amount not -to -exceed $549,120, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-191). 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Friends of the Santa Ana Zoo to increase the financial contribution by $40,000 to $60,000 to be used for veterinary expenses, effective August 16, 2017 through the term of the agreement, February 28, 2019, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-192). 3. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-015 - Recognizing revenue in the amount of $40,000 in the Friends of the Santa Ana Zoo Vet Contribution revenue account and appropriating the same amount to the Zoo Operations expenditure accounts. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-069 - AWARD PURCHASE ORDERS FOR INDUSTRIAL WORKSHOP FURNITURE (STRATEGIC PLAN NO. 6, 26) (Public Works Agency) - Finance and Management Services MOTION: Authorize a one-time purchase and payment of purchase orders for a total aggregate amount not to exceed $100,000, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Workstation Industries, Inc. Santa Ana McMurray Stern, Inc. Santa Fe Springs 22B. SPEC. NO. 17-077 - AWARD PURCHASE ORDER FOR MURPHY CONTROL SYSTEM REPLACEMENT FOR OPERATION OF WATER PUMPS AND MOTORS {STRATEGIC PLAN NO. 6, 26) (Public Works Agency) - Finance and Management Services MOTION: CITY COUNCIL MINUTES 10 AUGUST 15, 2017 10A-10 1. Authorize a one-time purchase and payment of purchase order to Leed Electric, Inc., for the installation of a Murphy Control System in an amount not to exceed $76,500, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from GI Endurant, LLC, as nonresponsive. Vendor did not include all required documents in the bid. 22C. SPEC. NO. 17-086 — AWARD PURCHASE ORDER FOR ARUBA CARE ANNUAL WIRELESS MAINTENANCE {STRATEGIC PLAN NO. 6,11 (Information Technology Department) - Finance and Management Services MOTION: 1. Authorize a one-time purchase and payment of purchase order to Saitech, Inc. for purchase of Aruba Care annual wireless maintenance in the amount of $31,500, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Reject the bid from Taborda Solutions, Inc. as nonresponsive. AGREEMENTS 25A. APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (HPPA) {STRATEGIC PLAN NOS. 5, 2, 3) - Planning and Building Agency Historic Resources Commission approved recommended action on May 24, 2017 by a vote of 4-0 (De Leon and Garcia absent). MOTION: Authorize the City Manager and Clerk of the Council to execute the Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney, as follow: Property Owner(s) HPPA No. Address/House AGMT No. • Halvorson Living 2017-03 2203 North Ross Street, 2017-193 Trust (P. A. Mitchell House) • Eugene Charles III 2017-04 2467 North Riverside 2017-194 & Ann Avery Drive, (Reed House) Andres • Paul Anderson & 2017-05 930 West River Lane, 2017-195 Mona Shah- (Busacca House) Anderson • Ryan Arthur 2017-09 1710 North Heliotrope 2017-196 Grossheim & Dr., (Schaffer House) CITY COUNCIL MINUTES 11 AUGUST 15, 2017 10A-11 Andrew Michael Layton • Zetulio Jimenez & 2017-10 2529 North Valencia 2017-197 Adriana De La Street, (R. D. Bird House) Rosa 25B. APPROVE INCLUSIONARY HOUSING AGREEMENT FOR THE 94 -UNIT RENTAL APARTMENT PROJECT LOCATED AT 421 NORTH HARBOR BOULEVARD - {STRATEGIC PLAN NO. 5, 361 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on May 24, 2017 by a vote of 4-0 (De Leon and Garcia absent). MOTION: Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with M & A Gabaee, a California Limited Partnership, in an amount not to exceed $717,388.10, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-198). 25C. APPROVE PHASE II MEMORANDUMS OF UNDERSTANDING (MOU) UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT REGARDING ONE-STOP CENTER (STRATEGIC PLAN NO 2, 4) - Community Development Agency Workforce Development Board approved recommended action on July 26, 2017 by a vote of 4-0 (Perez and Sanchez absent). MOTION: 1. Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Understanding with the Santa Ana Workforce Development Board and the mandated partners as outlined under the Workforce Innovation and Opportunity Act, subject to non -substantive changes approved by the City Manager and City Attorney; AJCC Partner Authorization/ Physically AGMT No. Partner Program Category Co - Organization located 1. City of Santa Title I Adult, WIOA Title I Adult, Yes 2017-199 Ana (WORK Dislocated Dislocated Center) Workers and Workers, Youth Youth Programs programs 2. Rancho Adult WIOA title II Adult No 2017-200 CITY COUNCIL MINUTES 12 AUGUST 15, 2017 10A-12 3. Q F7 N AJCC Partner Authorization/ Partner Program Category Organization Santiago Education/ Education and Community Literacy and Family Literacy Act College Carl Perkins (AEFLA) program I District Career Career and Technical technical Education education (CTE) programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 -et seq.) Employment Wagner- WIOA title III Development Peyser Wagner-Peyser Department Employment (EDD) Services, authorized under the Wagner- Peyser Act (29 U.S.C. 49 et seq.), also providing the state's public labor exchange. Employment Veterans Jobs for Veterans Development State Grants Department (JVSG), (EDD) authorized under chapter 41 of title 38, u.s.c. Employment Trade Act Trade Adjustment Development Assistance (TAA), Department authorized under (EDD) chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271et seq.) Employment Unemployme Unemployment Development nt Insurance Insurance (UI) Department (UI) programs under (EDD) state unemployment Physically Co - located Yes Yes Yes No AGMT No. 2017-201 2017-202 2017-203 2017-204 CITY COUNCIL MINUTES 13 AUGUST 15, 2017 10A-13 CITY COUNCIL MINUTES 14 1 OA -14 AUGUST 15, 2017 AJCC Partner Authorization/ Physically AGMT No. Partner Program Category Co - Organization located compensation laws. 7. State Vocational WIOA title IV State Yes 2017-205 Department of Rehabilitation Vocational Rehabilitation Services Rehabilitation program authorized under title I of the Rehabilitation Act of 1973 (29 U.S. C. 720 et seq.) 8. Social Service Temporary Temporary No 2017-206 Agency- Assistance Assistance for Family Self- for Needy Needy Families Sufficiency Families (TANF), (TANF) authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) 9. Senior Aid Senior Aid Senior Community Yes 2017-207 Program Program Service Regions II & III Employment SER -Jobs for Program (SCSEP), Progress, Inc. authorized under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) 10 Long Beach Job Corps WIOA Title I C, No 2017-208 Job Corps Jobs Corps 11 Cornerstone Job Corps WIOA Title I C, Yes 2017-209 Solutions Jobs Corps 12 Southern Native Indian and Native No 2017-210 California American American Indian Center Programs Programs(Section 166) 13 Santa Ana Housing & Housing & Urban No 2017-211 Housing Urban Development Authority Development (HUD) Family Self - Sufficiency Program 14 Orange Adult Reentry No 2017-212 County Demonstratio Employment CITY COUNCIL MINUTES 14 1 OA -14 AUGUST 15, 2017 AJCC Partner Authorization/ Physically AGMT No. Partner Program Category Co - Organization located Sheriffs n Opportunities (EO) Department programs authorized under sec. 212 of the Second Chance Act of 2007 (42 U.S.C. 17532) and W I OA sec. 169 2. Authorize the Mayor, City Manager and City Clerk to execute the Memorandum of Understanding with the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriff's Department, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT NOS. 2017-213 8.2017-214) 25D. APPROVE AN AGREEMENT FOR LANDSCAPE SERVICES IN CITY PARKS AND FACILITIES FOR DISTRICT 1 AND 4, RESPECTIVELY {STRATEGIC PLAN NO. 6, 1 B) - Parks, Recreation and Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Midori Gardens to provide landscape maintenance services in District 1 in an annual amount not -to -exceed $274,706 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-215). 2. Authorize the City Manager and Clerk of the Council to execute an agreement with Mariposa Landscape to provide landscape maintenance services in District 4 in an annual amount not -to -exceed $720,432 (to be prorated five months for the first period), which includes a 10% contingency, for a term from September 1, 2017 through January 31, 2018, with three, one-year renewal options, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-216). CITY COUNCIL MINUTES 15 AUGUST 15, 2017 10A-15 25E. APPROVE AN AMENDMENT FOR SECURITY SERVICES FOR VARIOUS CITY EVENTS {STRATEGIC PLAN NO. 5, 5C) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment with Insure Protective Security by increasing the amount not -to -exceed by $20,000, for the original term of March 21, 2017 to December 31, 2017 and for each of the two, one-year renewal options for a total amount not -to -exceed of $195,000 for the total contract period, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-217). 25F. APPROVE RECREATIONAL VALUE ASSESSMENT OF VARIOUS CITY PARK SITES {STRATEGIC PLAN NO. 5, 4A) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Placeworks in an amount not -to -exceed $50,541, which includes a 10% contingency, for a term from August 16, 2017 through January 31, 2018, subject to non -substantive changes approved by the 2 City Manager and City Attorney (AGMT NO. 2017-218). 25G. APPROVE ON-CALL BOARD -UP SERVICES (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements for a three-year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000 for each firm, subject to non -substantive changes approved by the City Manager and City Attorney, with the following: • With SLS Property Solutions, Inc. (AGMT NO. 2017-219) and • With Forness Construction, Inc. (AGMT NO. 2017-220) 25H. APPROVE PURCHASE AND INSTALLATION OF AUDIO/VIDEO EQUIPMENT AT THE ROOSEVELT -WALKER COMMUNITY CENTER {STRATEGIC PLAN NO. 2, 3D} - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Digital Networks Group, Inc. in an amount not to exceed $96,396, which includes a 10% contingency, for a term from August 16, 2017 through June 30, 2018, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-221). CITY COUNCIL MINUTES 16 AUGUST 15, 2017 10A-16 251. APPROVE IN -LIEU TREATED WATER DELIVERIES (NON GENERAL FUND) {STRATEGIC PLAN NO. 5, 2) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with the Metropolitan Water District and the Municipal Water District of Orange County for in -lieu treated water deliveries, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-222). 25J. APPROVE CLOSED CIRCUIT TELEVISION INSPECTION OF SANITARY SEWER SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1C & 1 F) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Houston & Harris PCS, Inc., subject to non -substantive changes approved by the City Manager and City Attorney, for a three-year period beginning August 16, 2017, and expiring August 15, 2020, with a provision for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $400,000 per year (AGMT NO. 2017-223). 25K. APPROVE GRANT WRITING SERVICES [NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1 C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute agreements for a three-year period beginning August 15, 2017, and expiring August 14, 2020, with provision for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $107,500 annually for each consultant, for a total annual amount of $215,000 for both agreements, subject to non -substantive changes approved by the City Manager and City Attorney, with the following: • With Engineering Solutions Services (AGMT NO. 2017-224) and • With and Townsend Public Affairs (AGMT NO. 2017-225) 25L. APPROVE ON-CALL RIGHT-OF-WAY ACQUISITION AND RELOCATION SERVICES AND FOR ON-CALL PROPERTY MANAGEMENT SERVICES (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G) - Public Works Agency MOTION: CITY COUNCIL MINUTES 17 AUGUST 15, 2017 10A-17 1. Authorize the City Manager and Clerk of the Council to execute agreements to provide on-call right-of-way acquisition and relocation services for a three-year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 for each firm, subject to non -substantive changes approved by the City Manager and City Attorney, with the following: • With Overland, Pacific & Cutler, Inc. (AGMT NO. 2017-226) and • Paragon Partners, LTD (AGMT NO. 2017-227) 2. Authorize the City Manager and Clerk of the Council to execute agreements with Overland, Pacific & Cutler, Inc., and Paragon Partners, LTD, to provide on-call right-of-way property management services for a three-year term beginning August 16, 2017, and expiring August 15, 2020, with provisions for one, two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $300,000 for each firm, subject to non -substantive changes approved by the City Manager and City Attorney, with the following: • With Overland, Pacific & Cutler, Inc. (AGMT NO. 2017-228), and • Paragon Partners, LTD (AGMT NO. 2017-229) 'Mayor Pro Tem Martinez dissented on Agenda Item 25L. 25M. APPROVE A FREEWAY AGREEMENT FOR 1-5 HIGH -OCCUPANCY VEHICLE (HOV) PROJECT FOR IMPROVEMENTS BETWEEN STATE ROUTE 55 AND STATE ROUTH 57; AND COOPERATIVE FOR PROJECT SUPPORT SERVICES [NON -GENERAL FUND] {STRATEGIC PLAN NO. 6, 1) - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute a freeway agreement (12 -ORA -5-30.5/34.6) with the State of California, Department of Transportation (CalTrans) for the 1-5 Central Corridor Freeway High Occupancy Vehicle Project, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-230). 2. Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the Orange County Transportation Authority (OCTA) for the 1-5 Central Corridor Freeway HOV Project, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT NO. 2017-231). CITY COUNCIL MINUTES 18 AUGUST 15, 2017 10A-18 MISCELLANEOUS - BUDGET 29A. APPROVE DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4) — City Council MOTION: Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: 1. Second Chance Orange County to support their annual event to support on-going program activities that offer Santa Ana residents with workforce training, in the amount of $500 (Councilmember Solorio); and 2. Santa Ana College Foundation to provide college scholarship funds for graduating high school seniors that live within Santa Anita neighborhood, in the amount of $500 (Councilmember Villegas) LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31 A. RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-17 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AND CONDITIONAL USE PERMIT NO. 2017-19 TO ALLOW AFTER-HOURS OPERATIONS UNTIL 2:00 A.M. AT MARISCOS EL CAPITAN RESTAURANT LOCATED AT 1106 SOUTH BRISTOL STREET — JUVENAL BARAJAS, APPLICANT {STRATEGIC PLAN NO. 3, 2) - Planning and Building Agency Planning Commission approved recommended action on July 24, 2017. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017-17 and Conditional Use Permit No. 2017-19 as conditioned. 31 B. RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-18 TO ALLOW AN INDOOR SPORTS FACILITY FOR ARROWTAG OC LOCATED AT 3400 WEST WARNER AVENUE, UNIT K - THOMAS MAGSAYSAY, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5) - Planning and Building Agency Planning Commission approved recommended action on July 24, 2017. CITY COUNCIL MINUTES 19 AUGUST 15, 2017 r' m v, MOTION: Receive and file the staff report approving Conditional Use Permit No. 2017-18 as conditioned. **END OF CONSENT CALENDAR** OATH OF OFFICE ADMINISTERED TO THE NEWLY APPOINTED COMMISSIONERS: DENNIS VARNUM AND GISELA CONTRERAS BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION AND APPROVE APROPRIATION ADJUSTMENT FOR IMPLEMENTATION OF YOUTH KNOW: COMMUNITY SOCIAL INNOVATION PROJECT FOR MENTORING AND GUIDING TEENS/YOUNG ADULT VOLUNTEERS AND PROMOTE CIVIC ENGAGEMENT {STRATEGIC PLAN NO. 2, 2A} - Parks, Recreation and Community Services Agency The following spoke in support of the matter: • Perla Dionicio, opposed to criminalization and incarceration of youth, instead invest in our youth that will enrich their lives. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-057 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE AWARD OF A PITCH - AN -IDEA GRANT AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE ANY PAPERWORK NECESSARY TO COMPLY WITH THE GRANT • With the California State Library in an amount of $65,800 (AGMT NO. 2017-232). 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-014 - Recognizing grant revenue in the amount of $65,800 in the Library Services and Technology Act -Grant Awards revenue account and appropriating the same amount to CITY COUNCIL MINUTES 20 AUGUST 15, 2017 1 OA -20 the Library Services and Technology Act -Grant Awards expenditure accounts MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B. AGENDA ITEM CONSIDERED OUT OF ORDER 55C. APPROPRIATION ADJUSTMENT AND RESOLUTION AMENDING THE FISCAL YEAR 2017-18 JAIL OPERATIONS BUDGET - Police Department MOTION: Adopt a resolution. 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2018-017 - Recognizing $10,217,316 for ten months of additional Jail Operations related revenues and appropriating $5,924,910 to Jail Operations expenditure accounts and appropriating $4,292,406 to the Reserve Appropriation for deficit reduction. 2. Adopt a resolution. RESOLUTION NO. 2017-058 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT ANNUAL BUDGET TO ADD THIRTEEN FULL TIME CORRECTIONAL POSITIONS IN THE POLICE DEPARTMENT -CORRECTIONAL OFFICER, CORRECTIONAL SUPERVISOR, AND CORRECTIONAL MANAGER MOTION: Benavides VOTE: AYES: NOES ABSTAIN: SECOND: Tinajero Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) Martinez (1) None (0) CITY COUNCIL MINUTES 21 AUGUST 15, 2017 1 OA -21 ABSENT: None (0) REPORTS 65A. APPROVE AN AMENDMENT TO FISCAL YEAR 2017/18 SEVEN-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) TO INCLUDE PARK PROJECTS IN THE AMOUNT OF $2 MILLION FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) (STRATEGIC PLAN NO. 5, 4A} - Community Development Agency; Parks, Recreation and Community Services Agency; and Public Works Agency The following spoke on matter: • Jose Rea, representing Madison Park Neighborhood Association, supports cameras at their neighborhood park. • Cory Witter, volunteer at local youth organization, commends and lends support to Parks and Recreation Department for continued youth outreach efforts. • Evelyn Torres, youth empowerment network, expressed strong support for Skate Park, community gardens and open space. • Barbara Lamere, supports open space, improvements at Centennial Park, and projects as proposed in staff report. • Edwin Ruiz, thanked the City for some of the park improvements, also expressed support for safe skating elements. • Irma Mateo, advocated for Skate Park and open space in general; important to provide services and amenities for youth in our community. • Maribel Mateo, thanked the City for improvements proposed; asked that community input be considered when deliberating. Councilmember Benavides, noted that funds derived from sale of property on South Bristol; City Council developed recommendations on priorities; capital improvement projects were proposed — public safety including cameras and lighting a priority; community supports park improvements. Parks Recreation and Community Services Executive Director, Gerardo Mouet, commented on five-year community engagement process and selection of improvements proposed; Parks, Recreation, Education and Youth Council Committee also vetted matter. Police Commander Gominsky, noted that cameras are not monitored same as other locations such as Downtown; utility cameras will help monitor and identify hot spots. Mayor Pulido, proposed a two-week continuance to allow additional dialogue on the matter. CITY COUNCIL MINUTES 22 AUGUST 15, 2017 1 OA -22 Councilmember Sarmiento, supports continuance; sensitive to comments and interest in a skate park by Councilmember Benavides; opined that investment in youth leads to public safety enhancements. Parks Recreation and Community Services Executive Director, Mouet, recited investments at Madison Park including lighting and new playground equipment; $800,000 improvements in Pacific Electric Bikeway that crosses Madison Park; and community gardens; delay in camera installation because extra funding needed for infrastructure. Councilmember Solorio, agree with comments by Councilmember Sarmiento; supports improvements proposed; other improvements needed that may include other sports - fair to all; deferred maintenance plan needed. Mayor Pro Tem Martinez, proposed a 30 day continuance; asked if data available on crime reductions after installing cameras; also, lighting system should be LED and include control system. Councilmember Villegas, noted that proper lighting needed along with cameras; favors skate park in the future after public safety measures fulfilled. MOTION: Continue matter to the September 19, 2017 City Council meeting (30 -day). MOTION: Martinez SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Tinajero, Villegas (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) *Mayor Pro Tem Martinez left the meeting at 8:45 p.m. and did not return. 65B. RECEIVE AND FILE COMMUNITY BRANDING UPDATE AND APPROVE PLATFORM STATEMENT {STRATEGIC PLAN NO. 3, 1E) - Community Development Agency CITY COUNCIL MINUTES 23 AUGUST 15, 2017 1 OA -23 Santa Ana Research & Strategy Presentation August,] -7 what can success look like? how to measure your efforts —1.4:T— T .Chong. 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Ceunry.M �V111 (A County Lonpelrtrve Po.timYp R.n.m O CITY COUNCIL MINUTES AUGUST 15, 2017 1 OA -25 YerrrM BtMMWr VMn Revel launen eW Camrnny LeeMe) � f8 Reratleee Raw/El r, 1.e. Ar'. Geller: 451 Cwcaalen • 25%S1W.000 5149,000 • 31i 5564 neva • 50{iav4 361 Laino 1%Aslan 8%Mu1thvkra1 8% pear anrlm kwMnt C---*are•el(L.an*W aw. anrk a Sa Ala) -•W q-Pvtlnr Rngarcyn Sent Ana 45%20• ynn, 27% ReWeM. W%Reside 8 kybrk Race/EIRn¢41 Ircwne. Ap. Girder. • 4WI-allno 20%Mea th. W,00O D%2 ",a•n • 56%Fv-a • 2nciiucaam • 26%$50.0(e$99,M0 1R52311rrs 6%Alin • 15162-70p • 12i... funnel CAP ft* ro alar C." a eankarn Ln Mai .210 MpYw• 50%Waned SMe Ana Rralliff coy IMYme Ar' frrvM' CITY COUNCIL MINUTES 26 AUGUST 15, 2017 1 OA -26 In Market Stakeholders Reakd•nt, Oualiladve Oualwitive puantrtalive 150+conwersmon5 95 responden, See respondent Focua groups Online survey with Dntin and pmdM rev" One-on-one interviews W sines and Wmmurwy open to all who live and or Site tours stakeholders v In Santa Ana Man. -the -street irnervle C rducted in English. Spansh and YrtnanRae 531 English 52 Spanish 0 26 Vietames0 Best Descriptors In Market Stakeholders Resklenta Young Latino Latino Welcoming Artistic, Creative Homelessness Energetic, Vibrant Homelessness Up and coming, Improving Walkabe Centrally located Not cooks cutler, unkke OC Urban Crime Low. l.e Progressive Young Artistic, Creative Artistic Creative Bg City Overao ao Latino Densely populated. Dangerous overcrowded O Historic Tolerant CITY COUNCIL MINUTES 26 AUGUST 15, 2017 1 OA -26 In Markat Wflwk TrchIt we Dwenay. Mueiculturalism Ane aM Galt.,. On1Y Downtown in GC Latino Cunure Amadlose ISn"re Cues, zoo) Mrpon 4P Street Hwtory Sakakddare 4b and Cunure LosMn. P.," to Bea lies MaurRaine, and Marva Strong aeries of co nmunlry Mu builonrlem Dlwnnwn Dnvis, NeiQlbMlooda R..weda Lorason, Press" to Beadr.e, MMta96. andMetro HnerWY, MWOCJIwa1Bm Laorb Galore a. and (.baa Food Scan, Halon Arlvnaue anricmm(sones, C.b,, Zoo) Hetory GrlyCw,—,moc In Market stakekoldare fl -Idents Hobelee9res.- Homebasness Home eyneM' Crime, Gang. Streeaed lnhastrudure Crede, Gangs Scribble Gangs Negawe Reputation, High Der.sy Housing Crime school Nd BUMmas Friendly. Leaderl sti Nny Areas Overrepllated High Deneiry Rowing UrlderYaded Palce eaderNlp High Del Holbkq Negawe Media Cwerape NegatNe Mala Cwerpe Abuser Organizations' Infill Weak Job Growtd G slight Dim Areas Stakeholders stressed InrtaMmnura Ebobbroolculow! Vision Suffdrey: 95 Do yoo Consider Santa Am to be business friendly? WhY or w11y 11011 Please explain your answer. Yn 'Alift EeOpa I'n, hw w be CMaxm ro p.NsrNY wlcome Wsnee Wris Ae ary Arkin. proaetNe tips to parlM knEd WNrcn p..n.nnyieae:er 'In myetpenexe Te Wwvu pnpb in Samt Ane ere mcwn9ln9 and algpatire. 4D IIs ThrymakaaaknuimposNNe nm W.1s eln all dry. nit(, o.mparwind rhPIank. my. heel Wase owmn ie I wovldne.rN deinn M San. Pro.Meaa I rtaE to 'CMOleatedlNJn9aM mynow-9Wtlren is pphlNllra Rsrn IaelPettrve retNUolfice Pett k swfi.mlelreedy O ulbr. bus", rrtNsry. NeI MmMYNd. rvemJe rcsnMt' •w •.e •Imneen What's Missing in Santa Ana? In Markel Sak essIdi re usubudiNeondsons, Residents More Part and Green Spare Leadership CM/County Horse. Sokdun' Commuru, brute and Confidence Vision and Pan Focus Beyond Downtown Crarea. Commercial Da,l bpinent Ads (Incl Pudic M) More Parks and Green Since Economic Development Sled denting ARordabb Ha.ap FOPS Beyond DoW ov ARradwe Apaearance More support IN EeMCTK Devebpmed Affordable Housing Affordade Homes Reaeancb Yreit Marketing, PR, Uniried Message Homeless Solution ComrMney Pride and I:onadeKe Crt,MounN Homeless 5o1unon Job GrwNn Accurate Census O Term Limits CITY COUNCIL MINUTES _, AUGUST 15, 2017 1 OA -27 b IyYe1 XiuY1CC Yx1aH Me{' nroC.. Arttle Cr+r Downwrl n OC IM19. vs CarbY Swt MIANpralwm LxYvr. PrmrNy b BexJo Maeeam. aE MNw Re -r Laerw Cuwre' MneNy lCC edt�lzrel' Lo31m PrwlMy ro Pea:rw. MWM31m aN MpM1p MUIDCIgIraAgm CITY COUNCIL MINUTES 1� AUGUST 15, 2017 1 OA -28 b1YYf SYdotlut RaYYb �rrergbd PM Mn InpOw Stlmh 9—wFrlbM,lwme n¢1 rb�Rwevmr oowem..l oerdmwrn •IONC-be Cbb (CCI IwrueeMRaaro bPeeeJ lnrip YaMeg6PR 0.YIYd IpwiY� lure—aY M.Moyr+IX WwB¢4m1UP.Em-uleue ilrLrrCMbPlrwe Fe 4rpwp Ydry RMnvOY MCC ifll8b'be.RTdW Ne�la lerer�V NMiYudue Mr'FUOntlrb Zu ClrM0ee MibmeYryewenyde Prmca pu+b/dL6e Wdl—ry.TaYalHpn ebyreu UyRwNv Ca�raeRW ��IPd WI won b IyYe1 XiuY1CC Yx1aH Me{' nroC.. Arttle Cr+r Downwrl n OC IM19. vs CarbY Swt MIANpralwm LxYvr. PrmrNy b BexJo Maeeam. aE MNw Re -r Laerw Cuwre' MneNy lCC edt�lzrel' Lo31m PrwlMy ro Pea:rw. MWM31m aN MpM1p MUIDCIgIraAgm CITY COUNCIL MINUTES 1� AUGUST 15, 2017 1 OA -28 .MY•Wn Cetla Yeo a GNm4no a laiE talora Wan u I. - trial gat all • 4oNnD in ala U��¢Cwnry Fa - • Cryste Clanton, MNyah Hal ar aA nw al c mama me-lial� iva ,. lm,.' '.l Y•«a TUYY 0"'iVC lrvm .1MY • Nlnhl in aA yntM ( yrrix I l�Jl ole j.GIrt4 lrvn. sDSolt*aua+aW.aa ama�.e • GmTY snoppng • GnveY alBIa6 • Fapnaiva • iar/atl • Onrp lrrta'nalmal i•• [A Gmu Mw OnriDe unw Irvin Badu aaa A arabir .a ,. Beare Norri deM ane, OTei _ 0 Danaill, Violent Latino Culture Dangerous. Vident Crme. Latino Cuttne Gal • Homelwrwa Dangerous Dangerous, Yolent Crime HplIBIa6Ma Cnme, Gams Crime Diverse. Mue Cub al LaBro culture, poverty Homelessness Lower Income Lowell 1. Jury Duty Unsare Hstoric UP a ConingIm . panro UMxumate0 Gangs UpB Comiro.Improving UMerpertormiro SOMo4 Laturno Homeleanea County said Jury Duty Duly Immigrants Urban, Great Doal BIgMM. DIM Arsa UMerperformiro sonods County Sat, Jury Duty OBIipM. Dirty Area Welcoming, Tolerant" CITY COUNCIL MINUTES '_9 AUGUST 15, 2017 1 OA -29 E O CITY COUNCIL MINUTES 30 AUGUST 15,2017' 10A-30 AN ctylneng" Mieang Opportunities VErant Donrtdvm, 4th St Homelessness' Navy Ideas Reputation for Arts County Seat Crime Gangs Awareness Foal Scene, Hip Spot Muaicveural &IgM. Dirty Areas Amentia; WaXcade Dowrnov.n Labw Culture Negative Perceptions Economic Dvlp Support susetcar Hdonc Ntantecture Leadership Reasons to Visit Light Rad Location Poverty Vtim and Consensus Ewnomlc Development urban, tg city County Seat Soc. Svcs. Marketing and PR Small Ba GrovAh Train Depot Ody/County Inaction InrrsatmMu, Investment Improved Appearance Arts District Schools Affordable Hp4ng MUAMOAU W ..r�n.rr G-111Yrde x" Positioning helps us market. Job of the Mand is to articulate and demonstrate why Sarna Ana is a preferred location. "I can be me here. The ONLY place in OC I can. In Market Conversation CITY COUNCIL MINUTES AUGUST 15, 2017 1 OA -31 Sbat=gy HISTORY: OC STARTED HERE 'It's always been that way. Lots of us took our first steps in America here. In Market Conversation Strategy OtP/1GECW1 'Authentic. That's all you need to say about Downtown. Oh, and we don't sell mouse ears' In Market Conversation O There's a nascent arts movement going on there. Santa Ana makes art approachable for many.' External Perception Study 'The future looks just like Santa Ana. With smart growth, they can be the benchmark that everyone looks to." External Perception Study "I hope we don't squander this. We reflect the dimension of hope and creativity we need to thrive. We're urban. We're multicultural. We need to be ready.' In Market Conversation CITY COUNCIL MINUTES 32 AUGUST 15, 2017 1 OA -32 'If we just do some simple, basic things, people will embrace Santa Ana (streetcar, lively streets, density of urban activity and life, etc.)." In Market Conversation -Everything is heightened there: music, poetry, pride, flavors, caring neighbors and even conflict. But there's energy and creativity you can't find anywhere else.' External Perception Study For Mose aealon, Ne energy of an v ,an end anisgc setting, Santa Ana, oreNe County s downtown and county seat wek rhes Ne neretas ion anW understanding for d (paople, perapaotne *i9icnAlM.) and eN ates cusum and everyday nerntivea ftA0 a colorful, vivid sensory a%perm , CITY COUNCIL MINUTES 33 AU t, UJ i tn, tUtr 10A-33 Fnr M -e a.nkkg me anarey of an wban ant vvdxlic setting, Same Are is me Nri my in pangs County and unlguary urban!n orange County. The city is one of the youngest in Me country and has the energetic vibe to match. Sella Fru nnloye a distinct ini commu a y and continues to Manor creative pacple of as sons. The City Is Me Nhural center Of the county. sods An., Onrga County's downtown and county reit Sema Are offers fie strongest raban inesseerrce in Me county. Downtown brooding dM street is enjoying renewed interest am revheezation. Sam. Ana is the anal of govnmmem for Orange County. welcomes Me deleld ran 0n and understanding for all (harps., perspective., Migino. ideas) Santa Ana is on the leading edge of large urban areas across Me country where muWculturelo m is shaping the tenure of governing, economic development entertainment etc. Sanla Ana reflects the demographic shifts that Me rest of the country will soon experience. And the community is noted for its welcoming nature and tolerance of differences. Smart, inclusive growth should be emblematic of this distinction and a model for others. WO Mat vision comes an atmecdive insonation for economic development and *lava" whw$ and everyday rtamdves Into a colorist, v111 ae.laory e.padenee. Sams Ana elevates all whom, runt just Me colorful ones. AM the words vivid and everyday cancel themselves since they are oppraitea. The point is Mat Mia special place takes Me everyday and makesd brighter and more exceptional. The colorful cultures and nam mves in Santa Ana need volume as a point of pride for residents and a point of interest for visitors. The congeniality of close#nit neighbors belie Me impressive size and density of this urban center. Msttiwlonersm Insures Mat the sena of community, Is not lost. For mese evening Me energy of an urban and artistic senlnp, Sams Ana. Orange County's downtown and county seat Iwmes Me celebration and understanding for all (people. perspectives, nligessi idea) and slewtes cultures and everyday nameless Into a colorful vivid sen.ory experience. BrandPrint Project Next Steps share yed? Approval of Strategic Brand Platform- (presented today) Inhale Creative Phase Creative Workshop with Small Creamve Committee Tagline Development and Presentation* Brand Narrative Development Logo DevNopmshL Color Palettes, and Visual Direction Development ,it Presentations• &and Identity Guide, Graphic Standards, and Implementation Plan Development Final Presentation and Final Report Assembly 0 *ftect timing andprogress of creative and implementation phase depends on approvals. �d IT I:UUN(:1L MINUTES 34 AUGUST 15, 2017 1 OA -34 MOTION: 1. Receive and file Santa Ana Community Branding Research and Strategy Presentation by North Star Destination Strategies. 2. Approve proposed platform statement and establishment of Creative Committee. MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) PUBLIC HEARINGS 75A. PUBLIC HEARING TO APPROVE AN AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY (1113-1125 SOUTH STANDARD AND 1416 SOUTH BRISTOL) IN SANTA ANA {STRATEGIC PLAN NO. 5, 4A) - Parks, Recreation and Community Services Agency; and Community Development Agency Legal Notice published in the Orange County Register on August 5, 2017. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Authorize the City Manager and Clerk of the Council to execute an Exchange of Real Property Agreement for property at 1113-1125 South Standard Street to develop a park site, in exchange for City of Santa Ana property at 1416 South Bristol Street in Santa Ana. CITY COUNCIL MINUTES AUGUST 15, 2017 1 OA -35 • Exchange of Real Property Agreement with Ma May Thet Naing (AGMT NO. 2017-233) MOTION: SECOND: VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) 75B. PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT BONDS FOR THE HENINGER VILLAGE APARTMENTS AND RESOLUTION APPROVING THE ISSUANCE OF TAX EXEMPT BOND FINANCING BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR THE BENEFIT OF HENINGER 2016 LP, TO PROVIDE FINANCING FOR THE ACQUISITION, REHABILITATION, IMPROVEMENT, AND EQUIPPING OF A 58 -UNIT MULTIFAMILY RENTAL HOUSING PROJECT {STRATEGIC PLAN NO. 5, 3) - Community Development Agency Legal Notice published in the Orange County Register on July 31, 2017. Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. MOTION: Adopt a resolution. RESOLUTION NO. 2017-059 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILYHOUSING REVENUE BONDS FOR THE HENNINGER VILLAGE APARTMENTS MOTION: SECOND: VOTE: AYES: Benavides, Pulido, Sarmiento, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) CITY COUNCIL MINUTES 36 AUGUST 15, 2017 1 OA -36 ABSENT: Martinez (1) COMMENTS PUBLIC COMMENTS • Kim McPeck, representing SEW Local 721, commented on sacrifices by union members in the past; request support for fair negotiations. • Cory Nelson, representing Santa Ana Pony Baseball, spoke in support of SEIU members. • Monica Sutter, echoed comments by others on fair labor contact for SEIU members. 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Reported that schools are back in session; great opening day; thanked police officers and all for efforts; • Recognized partnership between Santa Ana College and Santa Ana Unified School District in developing Advance Learning Academy; • Encouraged all to work with Santa Ana College on Adult Learning Center at Centennial Park; and • Requested adjournment in memory of Hortencia Urquiza Gutierrez. Councilmember Solorio: • Invited all to attend the upcoming Connect to Council event on August 30th at Rancho Community College District office; • Thanked SEIU and all who participated in recent event; important to work together on revenue generating ideas. Councilmember Villegas: • Thanked staff efforts in organizing successful talent show. Councilmember Benavides: • Thanked speakers; • Encouraged all to continue to support our local businesses. Mayor Pulido • Adjourned meeting in memory of Retired SAPD Motor Officer Ron Moreno, Hortencia Urquiza Gutierrez, and Jerry Clay Ayres. Reconvened to the Closed Session Meeting at 9:24 p.m. Closed Session adjourned with no reportable action. CITY COUNCIL MINUTES 3- AUGUST 15, 2017 1 OA -37 ADJOURNMENT — 9:42 p.m. - The next meeting of the City Council is scheduled for Tuesday, September 5, 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 Meeting in Memory of Retired SAPD Motor Officer Ron Moreno, Hortencia Urquiza Gutierrez, and Jerry Clay Ayres Maria D. Huizar, Clerk of the Council FUTURE AGENDA IT/2EMS • Community Engagement Program • Labor Contracts CITY COUNCIL MINUTES 38 AUGUST 15, 2017 1 OA -38 REQUEST FOR m COUNCIL ACTION = a CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: RECEIVE AND FILE BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JANUARY THROUGH JUNE 2017 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTIONS 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 Receive and file Boards and Commissions Biannual Attendance Report. DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. This report covers the period of January through June 2017. Pursuant to Council policy, the City Council may remove board or commission members who incur four (4) unexcused absences within the six-month reporting period. Also, Charter Section 901(c) provides that a member of a board or commission who absents him/herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half ('/2) of the regular meetings of such board or commission within a calendar year, the office shall become vacant and shall be so declared by the City Council. Examination of the attendance report reveals that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. STRATEGIC PLAN Approval of this matter allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. 13A-1 Boards and Commission Biannual Report September 5, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Exhibit 1. 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XX X X X W x X X N d ' w � J _ O X X X X X X X X N. v❑ Q�. d, X x :3 x x x x x x N c caa❑ LWi. ) X X x x x X X Q z w N N �G a zs x x LYl X x X x Z X LLIO m u -m O m N `m p y `m d@ m -� m z 0 u a)N LY InCc V _ •� ❑ Q C Q LU LL OO E L i w M O m i C� {9 i t c0 w' d -0 _ '00 -p ) -0 � -0 R U O N N_ LU .0 �� C N Nf6 Q� N (0 O N w N co L) a� 13A-21 z W O U r N N C O >r v E _ d CL m � c W Y Q ti M r � N c�6 CL '8 Q w C C O O r_ a d a cc d (NC E 3 7 N d d � U r L L Q W W C_ lC 'o E CL m CL lC Q N R O N c LL N A N 3 0 r U w ci r= 0 r 0 Z N -2 m rl L REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the request for the destruction of obsolete records from the Police Department in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 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. Exhibit: 1. Request for Destruction of Records — Police Department 19C-1 19C-2 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Professional Standards Division Record Record Series Record Description Record Dates Category Administrative Employee Accidents involving on -duty 01/01/2011 - Investigations Accidents department personnel. 12/31/2011 . Administrative K-9 Reports Investigations of K-9 bite 01/01/2011 - Investigations incidents. 12/31/2011 Administrative Use of Force Use of Force and in -custody 01/01/2011 - Investigations injuries. 12/31/2011 Citizen and By Employee Investigations of alleged 01/01/2011 - Internal Name employee misconduct. 12/31/2011 Complaints Prepared by: Name: Bryan Atkinson Title: Corporal Date: August 2, 2017 Number of boxes to be destroyed: 4 CONSENT BY: Da -_ in, Acting Chief of Police , Assistant City Attorney Page 1 IbC-3 -& !0 Date CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE POLICE DEPARTMENT Division Name: Professional Standards Division Records destroyed by: Print Name & Badge # Signature Date of destruction: Once your records have been destroyed return this form to the Records Manager and keep a copy of this form for your files. Page 2 16C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RECEIVE AND FILE PUBLIC WORKS ❑ As Recommended AGENCY STATUS OF PROJECTS - [-]Amended MONTHLY CAPITAL IMPROVEMENT ❑ Ordinance on 1n` Reading ❑ Ordinance on 2n° Reading PROGRAM EXECUTIVE REPORT FOR ❑ Implementing Resolution AUGUST 2017 ❑ Set Public Hearing For (STRATEGIC PLAN NO. 5, 1) qLY 1124ANAGERD RECOMMENDED ACTION Receive and file. CONTINUED TO FILE NUMBER The August 2017 Capital Improvement Program (CIP) Executive Summary Schedule (Exhibit 1) 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 project. The CIP Executive Summary Schedule is available on the City's website at: http://www.ci.santa- ana.ca.us/pwa/documents/ExecutiveMonthlvCl PUpdateAugust2017 STRATEGIC PLAN ALIGNMENT 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 i act a sociated with this item. Fred Mousavipour Executive Director Public Works Agency Exhibit 1: CIP — Executive Summary Schedule 19D-1 19D-2 p P T. ° O R am _ _ - I < s a" a o• 0 LU R x �' 2f o a0lj QN VI c W n J N 6^ Qr O iEr N 3 u m W j ~ a p s8888888888888888888s88 8Bassaa s888888, 381 d O N N NNHN NNT I� Nay NNN.N°`N � N Q W i M._ 3. .. � .+ . � V^� F F F F F..<•+ . 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WDI REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AUTHORIZATION TO FILE AND PROSECUTE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES OPERATING MARIJUANA DISPENSARIES LOCATED IN THE CITY OF SANTA ANA {STRATEGIC PLAN NO. 3,3) CITY ANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the filing and prosecution of receivership actions against the owners of the following properties based on nuisance conditions resulting from operating illegal marijuana dispensaries for an amount not to exceed $200,000: 1. Herbology 35 Cap, 4728 W. 1St— Illegal Marijuana Dispensary 2. 20 Cap Collective, 1139 W. 17th — Illegal Marijuana Dispensary 3. Elevated Dreams Collective, 413 W. 17th and Sky High Holistic, 419 W. 17th — Illegal Marijuana Dispensary 4. LCL, 2350 N. Grand Ave. and Wax on Wax-W.O.W., 2550 N. Grand Ave. — Illegal Marijuana Dispensary DISCUSSION The City has used the California Health and Safety Code Receivership option to successfully resolve difficult code enforcement matters in both commercial and residential areas. Receivership is a legal process through which control of a piece of real property is temporarily taken from the owners and placed with a court-appointed officer: the Receiver. These receivership actions are used primarily for abandoned and substandard properties where the owner has a history of non-compliance with the city's code enforcement efforts or in emergency situations where real property presents an immediate threat to health and safety. The illegal marijuana dispensaries create extreme health and safety hazards. Despite previous enforcement actions the operators of these marijuana dispensaries have refused to comply with the City's regulations and the property owners have refused to cooperate with the City. Attached is a PowerPoint presentation concerning the real properties listed above. The Code Enforcement Division of the Planning and Building Agency has identified the above listed properties as candidates for receivership actions. 19E-1 Authorization To File Receivership Actions Against Owners Of Real Properties Operating Marijuana Dispensaries Located In The City Of Santa Ana September 5, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community); Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), and Strategy E (Implement innovative code enforcement practices and strategies including the use of volunteers, enhanced technologies and increased collaboration with other City departments and outside agencies to address critical livability issues citywide [e.g. overcrowding, absentee landlords, landlord/tenant rights and responsibilities, etc.]). FISCAL IMPACT The City Attorney's Office has negotiated a per case fee arrangement for the marijuana dispensary receiverships such that the City's exposure to fees will not exceed $50,000 (per case). As funds are recovered under the receivership process, those funds will be applied to replenish the account and utilized to continue the receivership program. Funding is budgeted and available, for FY 2017-18 as follows: • City Services Fund — Contractual Services (05316021-62300) - $ 57,000 • Non -Departmental —Contractual Services (01105015-62300) $ 143,000 Expenditure from the Non -Departmental account will result in a deficit if receivership monies is not recovered in a timely manner. APPR VED AS TO FUNDS AND ACCOUNTS: Sonia R. Carvalho ranci o Gutierrez City Attorney Executive Director City Attorney's Office Finance and Management Services Agency Candida Neal Acting Executive Director Planning & Building Agency Exhibit 1: PowerPoint presentation regarding listed properties 19E-2 V) w LU LU, 0 LU J W LL LU fr H Z LU 5 LU Q m Q O N LU H CL LU (/) LU -0 Z w E 0- U- U- CD v < 0 (n cv n W Z W L!J N X Z (n Q � O H LL 00 O N U f` W U. Ui O W "Mmignmi i N �t TA O TA CL a 0 W z W W D x U) LL 00 O N U I` WLL • � • a T+' O _ � jam. 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N W LLI a O_Z i i F REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AUTHORIZATION TO FILE AND PROSECUTE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED IN THE CITY OF SANTA ANA {STRATEGIC PLAN NO. 3, 3} / RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the filing and prosecution of receivership actions against the owners of the following properties based on nuisance conditions resulting from health and safety violations of the City's Municipal Code for an amount not to exceed $90,000: 1. 533 E. Washington — General Code Enforcement 2. 1020 S. Hickory — General Code Enforcement 3. 3604 W. Hazard — General Code Enforcement 4. 1244 S. Parton — General Code Enforcement 5. 1029 W. 2nd — General Code Enforcement DISCUSSION The City has successfully resolved several difficult code enforcement matters by using the California Health and Safety Code Receivership process. California Health and Safety Code section 17980.7 allows a city to seek the appointment of a receiver over a substandard property that has been previously cited for violations which pose health and safety risks. The powers granted to a receiver are broad, the receiver may: (1) take full and complete control of the property; (2) manage the property and pay expenses of the operation of the property; (3) secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the substandard conditions; (4) enter into contracts and employ a licensed contractor as necessary to correct substandard conditions; (5) borrow funds to pay for repairs necessary to correct substandard conditions; and (6) secure debt, with Court approval, with a recorded first lien on the property, first in priority to all other liens. (Ibid., Code Civ. Proc. § 568.) The use of the receivership option is a dramatic, immediate and comprehensive process that eliminates slum conditions or habitually substandard properties at no expense to the referring agency when it is the prevailing property. This process also communicates to the public that the City is actively protecting resident and tenants from dangerous conditions created by absentee and recalcitrant property owners '19F-1 Authorization To File And Prosecute Receivership Actions Against Owners Of Real Properties Located In The City Of Santa Ana September 5, 2017 Page 2 In previous actions, the City has obtained full Code compliance and has fully recovered both staff and attorney expenses. The City Council previously allocated $100,000 to code enforcement and receiver actions. The Code Enforcement Division of the Planning and Building Agency has identified the above listed properties as candidates for receivership actions based on the severity of violations or length of non-compliance. Attached is a PowerPoint presentation with pictures of the real properties listed above. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #3 (Promote a solution -based customer focus in all efforts to facilitate development and investment in the community); Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), and Strategy E (Implement innovative code enforcement practices and strategies including the use of volunteers, enhanced technologies and increased collaboration with other City departments and outside agencies to address critical livability issues citywide [e.g. overcrowding, absentee landlords, landlord/tenant rights and responsibilities, etc.]). FISCAL IMPACT The City Attorney's Office has negotiated a per case fee arrangement for the receiverships such that the City's exposure to fees will not exceed $18,000 (per case). As funds are recovered under the receivership process, those funds will be applied to replenish the account and utilized to continue the receivership program. Funding is budgeted and available, for FY 2017-18 in the City Services Fund — Contractual Services (05316021-62300) - $ 43,000 and CDBG Fund — Contractual Services (13518783- 62300) - $ 47,000 (use of funds may be applied in CDBG eligible areas only). Sonia R. Carvalho City Attorney City Attorney's Office Candida Neal Acting Executive Director Planning & Building Agency APPROV D AS TO FUNDS AND ACCOUNTS: A Francisc utierrez Executive Director Finance and Management Services Agency Exhibit 1: PowerPoint presentation regarding listed properties 19F-2 4S to W W C.) W J Q W LL W H Z W 2 W Q m Q O N W m W H am W N i Q� LLI Z Lu LL 0 - LL L- NO U Q O N N Z O F- E E Z 0 U LL 0 I--• Z W W F - Q N N OM W-000 0') O o +� O ca t d 0 0 y N �f6 a..NaNvc O' C Q IL) O O i O UAa�0 OrL.C> o� � Q d i a) a a OUN m rca 0. 'CL a bA ca 0. N O:. N.. 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CL U) h RIt N W r-I LL W WF 2 • '.Y W O +� ++ • V1 0 N N 0 ca 0 r- ++ O ^0. 0 O N N ++ CO cu '- 0 bA Nr i - 0 u E i Q O O = 0 E 0 700>+ _ r OO 0 V N O O 4' 0 ->•-a to N `+ =_ 0 m -a te c m cu +' m N O Q cu y aO �O ++0 N Na vO. 0 t6 Li 3 cc U Qr-> U v O +' V N 3 � '� O Ni 0 >+ > (ni N Q' N...Q >, C0 = N N 0 >. � ++ O +'0N O=0 0• t0 OA +0 C a A f0 i a O OD 000++ O i f0 V .-Op, 0_ UrU V 0 s J 000. 1 LU a = U 00 LU Z Z a LU w w � m F- a N_ z w CN a) O N U O w TA LL � O LU LU Z D � a 0 1 f 7YM'7 f N rN 1Fy, h iflC a 5 i AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES WITH 1NIIDORI GARDENS. INC. (DISTRICT 1) THIS AGREEMENT is made and entered into this 15th day of August, 2017 by and between Midori Gardens, Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. On June 1, 2017, the City issued Request for Proposal ("RFP") No. 17-067, by which it sought proposals from qualified firms for landscape maintenance services in Districts 1 and 4. B. This RFP process was initiated after the prior contractor's services were terminated due to non-performance. A new contractor would be selected to handle services for the remainder of the term. C. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services regarding District 1 to the City described in the scope of work that is attached to this Agreement and identified as Exhibit A. D. In undertaking the perfonnance 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 firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform landscape maintenance services for District 1, as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. 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 and incorporated by reference to this Agreement. The total amount to be expended for services during the term of this Agreement, including any extension exercised under Section 3, shall not exceed $938,580. Page l of 1 I 19F-21 19F-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE AN AGREEMENT ACCEPTING OFFICE OF TRAFFIC SAFETY, STEP PROGRAM GRANT FUNDS AND APPROPRIATION ADJUSTMENI 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 1. Authorize the City Manager and Clerk of the Council to execute a one-year agreement with the State Office of Traffic Safety for Selective Traffic Enforcement Program (STEP) Grant funds, for the period of October 1, 2017 through September 30, 2018, in an amount not to exceed $455,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing State of California, Office of Traffic Safety, Selective Traffic Enforcement Program (STEP) Grant funds in the amount of $455,000 in the Office of Traffic Safety revenue account and appropriate same to expenditure accounts. The Santa Ana Police Department has been awarded a $455,000 grant from the State of California, Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP). The goal of this program is to reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors. To accomplish this goal, the program will fund education and enforcement activities. The enforcement activities will follow proven, "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include DUI checkpoints and DUI saturation patrols to apprehend drunk drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. The educational portion of the grant will include funding to facilitate multi -media presentations at local high schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support our ongoing outreach programs already in place. This one-year agreement will cover the program period from October 1, 2017 through September 30, 2018. 20A-1 Agreement with OTS for STEP Program September 5, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing and reducing criminal activity and traffic collisions). FISCAL IMPACT The appropriation adjustment will enhance the Office of Traffic Safety revenue account (no. 16514002-52001) by $455,000.00 and appropriate same to expenditure account (no. 16514414 - various) for the following fiscal years: FY 2017-18 $273,000 FY 2018-1AFrancisc 2,000 L- - - -- D AS TO FUNDS AND ACCOUNTS: entinutierrez Q Acting Chief of Police irector Santa Ana Police Department Finance & Mgt. Services Agency 20A-2 State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PTIS133 1. GRANT TITLE Selective Traffic Enforcement Program STEP 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2017 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department To: 09/30/2018 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect, 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $455000-00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A— Problem Statement, Goals and Objectives and Method of Procedure • Schedule B —Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1— Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B * — OTS Grant Program Manual *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.eov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. AUTHORIZING OFFICIAL OF DEPARTMENT B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Cynthia J. Kurtz PHONE: 714-647-5200 NAME: Rhonda L. Craft PHONE: (916) 509-3030 TITLE: Interim City Manager FAx: 714-647.6956 TITLE: Director FAx: (916) 509-3055 ADDRESS: 20 Civic Center Plaza, 8th Floor /P.O. Box 1988 ADDRESS: 2208 Kausen Drive, Suite 300 Santa Ana, CA 92702 Elk Grove, CA 95758 EMAIL: ckurtz@santa-ana.org EMAIL: rhonda.craft@ots.ca.gov (Signature) (Date) (Signature) (Dale) C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. DUNS NUMBER NAME: Carolyn Vu DUNS #: 831533247 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED ADDRESS: 20 Civic Center Plaza, 2nd Floor, Elk Grove, CA 95758 P.O. Box 1988 CITY: Santa Ana ZIP+4: 927014058 ATTEST: MARIA D. HUIZAR Clerk of the Council ROVED AS TO FORM: BOGOSI Assistant City Attorney FOR APPROVAL: DAVID VALENTIN Acting Chief of Police 8/8/2017 8:42:19 AM 20A-3 Page 1 of 14 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $455,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $455,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 ACCOUNTING OFFICER'S SIGNATURE DATE TOTAL AMOUNT ENCUMBERED TO DATE SIGNED Amr $455,000.00 8/8/2017 8:42:19 AM 20A-4 Page 2 of 14 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT18133 1. PROBLEM STATEMENT The City of Santa Ana is a dynamic and diverse city. It is a hub of employment within the county drawing hundreds of thousands of persons to the city on a daily basis. With features like the Bowers Museum, Orange County High School for the Arts, Cal State University Fullerton Center for the Arts it is a popular destination of arts aficionados and students. The downtown area has become a popular destination on weekend nights. Over the last few years numerous chic restaurants and bars have opened their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers on the road in the evenings, many of whom have been drinking. The city of Santa Ana is the home of approximately 330,000 residents. It has approximately 477 miles of local, arterial, and collector roads. They are patrolled by approximately 130 sworn police officers that are fielded either in a patrol assignment or traffic enforcement. The Traffic Division has 19 sworn officers. This includes two Sergeants, two Corporals and thirteen officers. Two sworn officers are assigned as collision investigators and are not regularly fielded for the purpose of traffic enforcement. There are eleven motor officers who are tasked with daily traffic enforcement and collision investigation. In 2011, there were 8 fatal traffic collisions. In 2015, and 2016, there were 22 fatal traffic collisions. Many of these fatalities have been the result of alcohol related collisions and pedestrian collisions. Injury traffic collisions have also increased from 1,192 in 2011, to 1,541 in 2016. Nearly one-half of all injury traffic collisions have been caused by three PCF's: unsafe speed, unsafe tum, and right-of-way. Our City has committed itself to traffic safety. In a recently published five-year strategic plan, traffic safety was outlined to be a top priority, specifically pedestrian safety. In response, the Traffic Division has dedicated itself to participating in education programs targeting all children and adults alike. We have hired an employee to focus on these efforts. Through our work in education, both grant -funded and internally -funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with vigorous enforcement activities will have a positive effect on the community and make our streets safer. We are looking forward to a successful partnership with the California Office of Traffic Safety as we make our streets safer. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic collisions. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of pedestrians killed in traffic collisions. 4. Reduce the number of pedestrians injured in traffic collisions. 5. Reduce the number of bicyclists killed in traffic collisions. 6. Reduce the number of bicyclists injured in traffic collisions. 7. Reduce the number of persons killed in alcohol -involved collisions. 8. Reduce the number of persons injured in alcohol -involved collisions. 9. Reduce the number of persons killed in drug -involved collisions. 10. Reduce the number of persons injured in drug -involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo -involved collisions. 12. Reduce the number of persons injured in alcohol/drug combo -involved collisions. 13. Reduce the number of motorcyclists killed in traffic collisions. 14. Reduce the number of motorcyclists injured in traffic collisions. 15. Reduce hit & run fatal collisions. 16. Reduce hit & run injury collisions. 17. Reduce nighttime (2100 - 0259 hours) fatal collisions. 18. Reduce nighttime (2100 - 0259 hours) injury collisions. B. Obiectives: Target Number 8/8/2017 8:42:19 AM 20A_5 Page 3 of 14 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off 1 press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for ap2roval 14 days prior to the issuance date of the release. 2. Participate and report data (as required) in the following campaigns, National Walk to 10 School Day, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month, National Click it or Ticket Mobilization, National Teen Driver Safety Week, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a " HOT Sheet" program to notify patrol and 12 traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated HOT sheets should be distributed to patrol and traffic officers monthly. 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing 4 SFS minimum 16 hours POST -certified training. 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving 2 Enforcement (ARIDE) 16 hour POST -certified training. 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 7. Send law enforcement personnel to the DRE Recertification training, 1 8. Send law enforcement personnel to SFST Instructor training. 1 9. Send law enforcement personnel to DRE Instructor training. I 10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during 15 the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 11. Conduct DUI Saturation Patrol operation(s). 50 12. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear 4 in court. 13. Conduct Traffic Enforcement operation(s), including but not limited to, primary collision 35 factor violations. 14. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers 16 using hand held cell phones and textin . 15. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during 2 events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary collision factor violations by motorcyclists and other drivers. 16. Conduct Nighttime 1800-0559 Click It or Ticket enforcement operations. 2 17. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or 16 during events with a high number of pedestrian and/or bicycle collisions resulting from violations made by pedestrians, bicyclists, and drivers. 18. Conduct Traffic Safety educational presentations with an effort to reach community 16 members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 19. Conduct Know Your Limit campaigns with an effort to reach members of the communit . 6 20. Instruct SFST/ARIDE/DRE, which includes field certification instruction for DRE l students. 3. METHOD OF PROCEDURE A. Phase 1— Program Preparation (1" Quarter of Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. 8/8/2017 8:42:19 AM 20A-6 Page 4 of 14 • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "Hot Sheets," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high collision locations. • Media Requirements • Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 — Program Operations (Throughout Grant Year) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. • Media Requirements • Send all grant -related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pio@ots.ca.gov, with a copy to your OTS Coordinator. • If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release shall be sent to the OTS PIO for approval. Optimum lead time would be 10-20 days prior to the release date to ensure adequate tum -around time. • Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or.probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 8/8/2017 8:42:19 AM 20A-7 Page 5 of 14 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/8/2017 8:42:19 AM 20A-8 Page 6 of 14 State of California— Office of Traffic Safety GRANT AGREEMENT Schedule B GRANTNumBER PT18133 FUND NUMBER CATALOG NUMBER FUND DESCRIPTION TOTAL AMOUNT Positions and Salaries Full -Time CFDA) $0.00 Overtime DUI/DL Checkpoints 164AL 20.608 Minimum Penalties for Repeat $295,000.00 $142,500.00 Warrant Service Operations Offenders for Driving While $6,000.00 Know Your Limit 20.608 Intoxicated Traffic Enforcement 402PT 20.600 State and Community Highway $156,000.00 $22,400.00 Motorcycle Safety Safety $2,700.00 405d AL 20.616 Impaired Driving Countermeasures $4,000.00 COST CATEGORY CFDA TOTAL COST TO GRANT A. PERSONNEL COSTS Positions and Salaries Full -Time $0.00 Overtime DUI/DL Checkpoints 20.608 $136,500.00 DUI Saturation Patrols 20.608 $142,500.00 Warrant Service Operations 20.608 $6,000.00 Know Your Limit 20.608 $8,400.00 Traffic Enforcement 20.600 $70,000.00 Distracted Driving 20.600 $22,400.00 Motorcycle Safety 20.600 $2,700.00 Night-time Click It Or Ticket 20.600 $2,800.00 Pedestrian and Bicycle Enforcement 20.600 $22,400.00 Traffic Safety Education 20.600 $10,400.00 SFST/ARME/DRE Instruction 20.616 $4,000.00 Part -Time $0.00 Category Sub -Total $428,100.00 B. TRAVEL EXPENSES In State Travel 20.600 $5,300.00 $0.00 Category Sub -Total $5,300.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 20.608 $1,600.00 Lidar Device 20.600 $12,750.00 Radar Device 20.600 $7,250.00 Category Sub -Total $21,600.00 F. INDIRECT COSTS $0.00 8/8/2017 8:42:19 AM 20A-9 Page 7 of 14 Category Sub -Total $0.00 GRANT TOTAL $455,000.00 8/8/2017 8:42:19 AM 20A-10 Page 8 of 14 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT18133 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by QUANTITY 15 appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by 50 appropriate department personnel. Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by 4 appropriate department personnel. Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by 6 appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate 35 department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate 16 department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate 2 department personnel. Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by 2 appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations 16 conducted by appropriate department personnel. Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns 16 conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Instruct SFST/ARIDF/DRE, which includes field certification 1 instruction for DRE students. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events 1 supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may 1 include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti -fatigue mats, and 8/8/2017 8:42:19 AM 20A-1 1 Page 9 of 14 canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This 5 device will be used forspeed enforcement. Radar Device - To measure the speed of motor vehicles. This device will be used for speed 5 enforcement. INDIRECT COSTS STATEMENTS/DISCLAIM ERS There will be no program income generated from this grant. Nothing in this 'agreement' shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives. 8/8/2017 8:42:19 AM 20A-12 Page 10 of 14 State of California – Office of Traffic Safety GRANT AGREEMENT ExbibRA GRANT NUMBER PT18133 CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (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), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (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 Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; 0) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 53230)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non- domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCHACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 8/8/2017 8:42:19 AM 20A-13 Page 11 of 14 CERTIFICATION REGARDING FEDERAL LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 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 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 sub - award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDINGDEBARMENT AND SUSPENSION Instructions for Primary Certification 1. By signing and submitting this grant agreement, the Grantee Agency Official is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the Grantee Agency Official to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the Grantee Agency Official knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 4. The Grant Agency Official shall provide immediate written notice to the department or agency to which this grant agreement is submitted if at any time the Grantee Agency Official learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terns covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and coverage sections of 49 CFR Part 29. You may contact the department or agency to which this grant agreement is being submitted for assistance in obtaining a copy of those regulations. 6. The Grantee Agency Official agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who 8/8/2017 8:42:19 AM 20A-14 Page 12 of 14 is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, 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 to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. 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. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this grant agreement 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 record, 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 (1)(b) of this certification; and d. Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification 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 lower tier participant 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 lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant 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, prinomy covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or 8/8/2017 8:42:19 AM 20A_1 5 Page 13 of 14 voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (See below) 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, 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 to, check the List of Parties Excluded from Federal Procurement and Non - 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 proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily 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. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this grant agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this grant agreement. 8/8/2017 8:42:19 AM 20A-1 6 Page 14 of 14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROPRIATION ADJUSTMENT AND AMENDMENT TO THE FISCAL YEAR 2017/18 CAPITAL IMPROVEMENT PROGRAM TO UPDATE SENATE BILL NO. 1 AND AREA F FUNDING {STRATEGIC PLAN NO. 6, 1G} CIDWANAGER 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. Approve an amendment to the Fiscal Year 2017/18 Capital Improvement Program to reduce the Road Maintenance and Rehabilitation Account allocation and incorporate the Senate Bill No. 1 Road Repair and Accountability Act project list. 2. Approve an appropriation adjustment decreasing the Road Maintenance and Rehabilitation Account allocation by $39,993 in the corresponding revenue and expenditure accounts to match California Department of Finance revised estimates. 3. Approve an amendment to the Fiscal Year 2017/18 Capital Improvement Program to add $40,000 in Transportation System Improvement Area F funds to the Bristol Street and Memory Lane Intersection Widening Project (No. 17-6883). 4. Approve an appropriation adjustment recognizing $40,000 from prior year fund balance in the Transportation System Improvement Area F revenue account, and appropriating the same amount into the Transportation System Improvement Area F expenditure account for the Bristol Street and Memory Lane Intersection Widening Project (No. 17-6883). DISCUSSION On April 28, 2017, the Governor of California signed Senate Bill No. 1 (SB1), also known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway system and the local streets and roads system. The guidelines for this new Road Maintenance and Rehabilitation Account (RMRA) funding, which was adopted by the California Transportation Commission (CTC) in August 2017, specify that before eligible local agencies can receive their apportionment of the RMRA funds in a given fiscal year, they are required to adopt a list of proposed projects. This project list must 20B-1 Amendment to Fiscal Year 2017/18 CIP September 5, 2017 Page 2 include street names, limits of work, estimated completion date and useful life, and be submitted to the CTC (Exhibit 1). In anticipation of the City receiving its allocation of RMRA funds, staff identified RMRA funding for the Sustainable Mobility and Roadway Transformation (SMaRT) Project in the Fiscal Year 2017/18 Capital Improvement Program (CIP), based on California Department of Finance January 11, 2017, estimate of $1,977,580. A revised estimate of $1,937,587 was subsequently published on May 11, 2017. The recommended CIP amendment will reduce the budgeted CIP allocation by $39,993, and adopt the list of specific projects that comprise the SMaRT Project, to meet the reporting requirements of this new funding source. The Bristol Street and Memory Lane Intersection Improvements Project was approved in the Fiscal Year 2017/18 CIP. Several minor design modifications north of the Memory Lane intersection have resulted in the need for additional California Environmental Quality Act (CEQA) review and approval. An additional $40,000 is needed to prepare the necessary environmental clearance documents for an addendum to the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Staff is requesting approval to appropriate these funds from the Transportation System Improvement Area F fund balance and amend the FY 2017/18 CIP accordingly. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY 2017/18 CIP budget was prepared using the January 11, 2017, California Department of Finance RMRA estimate of $1,977,580. A revised estimate of $1,937,587 was subsequently published on May 11, 2017. The requested appropriation adjustment will decrease the FY 2017/18 CIP RMRA allocation by $39,993 in the Special Gas Tax Fund revenue account (No. 02917002-52321) and facilitate an interfund budgetary reduction of expenditure allocation from the Special Gas Tax Interfund Transfer Account (No. 02917019-68000-059) to the Select Street Construction RMRA revenue account (No. 05917002-59000-029) and Select Street Construction RMRA expenditure account (No. 05917665-66220) to match the California Department of Finance revised estimate. To cover the additional costs of preparing the CEQA Addendum for the Bristol Street and Memory Lane Intersection Improvements Project, an Appropriation Adjustment is requested to 20B-2 Amendment to Fiscal Year 2017/18 CIP September 5, 2017 Page 3 appropriate $40,000 from the Transportation System Improvement Area F Fund. The appropriation adjustment will recognize $40,000 from prior year fund balance in the Transportation System Improvement Area F revenue account (No. 03517002-50001), and appropriate the same amount into the Transportation System Improvement Area F expenditure account (No. 03517660-66220, Project No. 17-6883). The CEQA process is scheduled to be completed in FY 2017/18. APPROVED AS TO FUNDS & ACCOUNTS: Fred Mousavipour Francisco\Glutierrez n Executive Director Executive Director Public Works Agency Finance & Management Services Agency Exhibit: 1. SB1 Road Repair and Accountability Act projects list 2. Amended FY 2017/18 CIP Project Sheets FM/MM/WEG/JG/KN r�- Fiscal Year 2017/18 -Potential SB1 Road Repair and Accountability Act Projects EXHIBIT 1 rf- Proposed Project Ernmatcal EnPneerwg Construction Total Project =N. Project Name Location Description Completion data Uuful Life Road Projects: Euclid Street Hazard Avenue to Westminster Avenue Road Rehabilitation 12/31/2016 20 YR S 53,000.00 $ 667,00000 s 720,000.00 Flower Street Sunflower Avenue to MacArthur Boulevard Preventative Maintenance/ S 19,000.00 5 231,000.00 E 250,000.00 Slurry 12/312018 10 YR MacArthur Boulevard Raft Street to Bristol Street Preventative Maintenance / 12/31/2018 10 YR 8 49,000.00 5 611,000.00 $ 66.000.00 Slurry We6lmjllster Avenue Harbor Boulevard to Fairview Street Road Rehabilitation 12/31/2018 20 YR S S 307,587.00 S 307,587.00 EXHIBIT 1 rf- rI- EXHIBIT 2 Amended FY 2017-18 CIP Project Sheets 20B-7 ƒ } \ Q \( \ ƒ \ k ; , | | | 20B-8 , ; CD co} k M -1 -4 § / \co. rn \ e; B 4 ,.\ _ 0 = a /CD IN Ell Q. °,l Cb G � z =�� rn § . ,.. ( ) E . k ; , | | | 20B-8 , ; ;eflka� /)FM _»(ak;) /}K �(})§ &t&�\E �\((( CD co} k M -1 -4 § / 7 \co. rn $ e; B 4 )m /CD Ell Q. Cb - rn § ;eflka� /)FM _»(ak;) /}K �(})§ &t&�\E �\((( B k \ a ml�- k � k � { ) ) \ j§ \ ƒ�f@L ;)) P' q= � Uri §_) §(\ B k \ a ml�- k � k 26 _e mn ( \ . ! 26 ■ t m m t ■ N n H jn i t 'n L U �cq � 3 � �i• 15.4nurt'JT sc>�mrl�- � IM 6 � V O� VI G ! TYIo°dlaa� qy�qy� Nlol I . U �c� laailSiamoij is+.uos c) 'o E � ! meCmnry9n m - L U Z E tO N ry E Q � Q oNoe:cy°� �maa�i�a�iy� W0 Za.�; ae���°1yoo a1-v�aE`m.om3N a: I I 1I i6 C m O a, m w � z � 'o w ti W d C QC l I l I m m I I W U W W I � Q N co CLa a a: I I 1I i6 l I l I m m I I I I N N a: I I 1I i6 CA � mIU I l I l I m m CA � mIU I wv- I I W 9 ll Ell wv- I I W 9 § k ) ) •; [� _w \/--. G� ; ? .} i Ln�� � (/ \- w � §) } §cc \ \| §��co ° /I^ § k •; [� _w \/--. G� ; _ Ja4SUIW),S;)M ;! : i Ln�� � CL | | /| \| § k ■ \ \ @ q •; [� _w \/--. G� ; _ Ja4SUIW),S;)M ;! : i Ln�� � CL d ~ ° /I^ \ ` ■ \ \ @ q REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT FOR 17TH STREET WATER MAIN IMPROVEMENTS — PHASE 2; (PROJECT 166468) (STRATEGIC PLAN NO. 6, 1C) 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 award and execute a construction contract to AMPCO Contracting, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $1,129,000, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the 17th Street Water Main Improvements — Phase 2 Project, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $1,411,250, which includes the contract base amount, administration, inspection, testing, and a $112,900 contingency. DISCUSSION The existing 10 -inch diameter cast iron water main located on 17th Street between Bristol Street and Flower Street (Exhibit 1) was installed in the 1950s and has been experiencing a number of significant breaks and leaks. Staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, size, location, and system redundancy to determine the replacement priorities. The improvements for this priority location include the construction of a new 8" & 12" polyvinyl chloride water main, fire hydrants, water services, and appurtenances. Once this project is completed, water service reliability and quality of service will improve significantly. In addition, water main breaks and the possibility of a loss of service will be substantially reduced. The Notice Inviting Bids was advertised on June 2 and June 5, 2017, and bids were opened on June 29, 2017. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 12 Contractors requesting bidding documents 17 Bids received 7 Bids received from Santa Ana contractors 0 23A-1 Contract Award for 17th Street Water Main Improvements — Phase 2 September 5, 2017 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BID AMOUNT 1 AMPCO Contracting, Inc. Anaheim $1,129,000.00 2 GCI Construction, Inc. San Clemente $1,245,950.00 3 Kana Pipeline, Inc. Riverside $1,487,000.00 4 Dominguez General Engineering, Inc. Pomona $1,535,300.00 5 Big Ben, Inc. Irvine $1,739,850.00 6 Harry H. Joh Construction, Inc. Paramount $1,895,117.66 7 T.E. Roberts, Inc. Orange $2,334,100.00 A total of seven bids were received and all were considered responsive. AMPCO Contracting, Inc., submitted the lowest responsive bid in the amount of $1,129,000, which is significantly compatible with the Engineer's Estimate of $1,072,000. Based on a staff analysis of the bids received, staff recommends award of a construction contract to AMPCO Contracting, Inc. (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 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER #2017-46 will be filed for this project. In addition, a Certification of Categorical Exemption and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The estimated total delivery cost of this project is $1,411,250, which includes construction, contract administration, inspection, testing, surveying, and contingencies (Exhibit 4). Funding is available in the Water Capital Projects Fund (Account No. 06617647-66301) for expenditure in Fiscal Year 2017-18. �adLFMI- Fred Mousavipour Executive Director Public Works Agency FM/EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis A t-Fra-ncisco Executive Finance & 23A-2 AS TO FUNDS AND ACCOUNTS: Management Services Agency 23A-3 23A-4 E I CITY OF SANTA. ANA Exhibit 2 PROPOSAL PROJECT NO.: 16-6468 t SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA 4 I FROM: AMPCO Contracting; Inc. REQUIREMENT: The undersigned bidder declares that they have carefully exanvned 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 wont in accordance with said plains {if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization/Demobilizatlan (No more I LS $ $ than 5% total bid) 51,300.00 2 8" Class 305 AW WA C900 P.V.C. Water 640 LF $ $ Main, City Supplied 155.00 99,200.00 03 8" Class 305 AW WA C900 P.V.C. Water 200 LF i $ blain 155.00 31,000.00 4 12" Class 305, AWWA C900 P.V.C, 2,700 LP $ Water Main, City Supplied 162.00 437,400.00 *5 12" Class 305, AW WA 0900 P.V.C. Soo LF $ $ Water Main 162.00 81,000.00 6 Construct 1" Water Service per City Std. 20 EA $ $ Plan 1401 1,500.00 30,000.00 7 Construct 2" Water Service per City Std. 14 EA $ $ Plan 1402 1,900.00 26,600.00 '`8 Temporary Water Service (As Needed) 2 PA $ $ 3,000.00 6,000.00 9 4" Water Service Connection Including 4" 2 EA $ $ MWGV 8,000.00 1 16,000.00 10 4" Fire Service Connection Including 4" 2 EA $ $ RWGV 8,000.00 16,000.00 11 New Fite. Hydrant Assembly, Including 8 EA $ $ Gate Valve and Lateral Pipe 9,000.00 72,000.00 12 2" Air Vacuum and Release Valve 5 _ EA $ $ 4,000.00 20,000.00 13 4" Blow Off Assembly 4 EA $ $ 5,000.00 20,000.00 *14 8" Resilietrt Wedge Gate Valve, City 5 EA $ $ Supplied 1,000.00 5,000.00 P-1 of P-17 23A-5 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 Item Description Qty Unit Unit Price .Amount *15 8" Resilient Wedge Gate Valve 2 EA $ $ 2,000.00 4,000.00 116 12 "Resilient Wedge Gate Valve, City 2 EA $ 1 $ Supplied 1,500.00 3,000.00 *17 12" Resilient Wedge Gate Valve 5 EA $ $ 4,000.00 20,000.00 18 Bore and Sack, Install Steel Casing and 2 EA $ $ P.V.C. Carrier Pipe sub price 60,000.00 19 Concrete Bus Pad 2 EA $ $ 20,000.00 40,000.00 20 Traffic Loap Detector 6 EA $ $ 1,000.00 6,000.00 21 Striping, and Pavement ivlarkings I LS $ $ 10,000.00 10,000.00 22 Traffic Control and Traffic Control Plan 1 LS $ $ 7,000.00 7,000.00 *23 Vertical Offset (As Needed) 3 EA $$ 8,000.00 24,000.00 *24 Potholing (As Needed) 25 EA $ $ 1,000.00 25,000.00 *25 Imported Backfili Material (As Needed) 100 CY $ $ 75.00 7,500.00 26 CCTV Inspection of Existing Sewer Mains 3,000 LF $ $ 2.00 6,000.00 21 CCTV Inspection of Existing Sewer 60 EA $ Laterals 50.00 3,000.00 28 As-Builtz 1 IS $ $ 2,000.00 2,000.00 P-2 of P-17 23A-6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 TOTAL BASE; BID ©D D . ,(-V 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 -alternate bid items (if any). x The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) working days after the commencement date stated in the Notice to Proceed. • 15 Days for data gathering exploratory potholing • 65 Project construction The bidder also proposes to continence construction of the Work within fifteen (15) days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S1,000 per calendar day. Name of Firm AMPCO Contracting. Inc. Signature of BIDDER Reginald KawaIe ama IV- President Title Matthew Mutton- 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.) P-3 of P-17 23A-7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 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 atter 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 hinds, 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 ofFirm AMPCO Contracting, Inc. Signature of BIDDER Reginald Kawa Title Matlhew Muni (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.) P-4 of P-17 23A-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 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: AMPCO Contracting, Inc. Business Address: 1540 S Lewis Street Anaheim, CA. 92805 Business E -Mail Address: mmutton@amRcocontracting.com Telephone: 949-955-2255 State Contractor's License No. and Class: 851752 A,B,C-21, ASB & HAZ License Expiration Date: December 31 2018 State Dept. of Industrial Relations (DIR) Registration No.: 1000011759 State Dept. of Industrial Relations (DIR) Registration Expiration Date: June 30, 2018 Signed: Title: Reginald Kawale Kama IV- President P-5 of P-17 23A-9 i i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN LMPROVEMENTS PHASE 2 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT i 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 I 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. i The undersigned certifies that the foregoing is true and correct. 1 I Name of Firm AMPCO Contracting, Inc. i Signature of BIDDE<QQ a Title Reginald Kawale Kama IV- President (if an individual, so state) P-6 of P-17 23A-10 CITY Or SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENITS PHASE 2 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Regianld Kawale Kama IV being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is n member of the co-partnersbip firm designated as: and who has been and is duly vested with the authority to make and execute instruments for are copartnership by: who constitute the other members of the copartnership. j3] CORPORATION That he is of AMPCO Contracting, Inc.p a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on bebalf of ate parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract. for imself or any other person. Sign ire of Bidder Subscribed and sworn to before me this 28th day of June 2017 Signature of officer Adtninistering Oath (Notary Public) P-7 of P-17 23A-11 Bond No. CSBA-5343 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN RiVIPROVEMENTS PHASE 2 KNOW ALL PRESENT that, AMPCO Contracting Inc as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and fn-mly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of the Amount Bid Dollars ($ 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 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 23rd day of June -12017. BIDDER* 1540 South Lewis Street AMPCO Contracting. Inc. Anaheim CA 92805 5 I G � , South Figueroa Street, Suite 3900 Subscribed and sworn Signature: ,20—. Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 ofP-17 23A-12 CA 92867 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 ORANGE County of On June 28, 2017 before me, Debbie Lynn Carrillo -Notary Public (insert name and title of the officer) personally appeared Reginald Kawale Kama IV -President 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBBIE LYNN CARP,ILLO COMM. #2137535 z Notary Public • California o z@-MY San Bernardino County Comm. Expires Dec. 19, 2019 Signature s (Seal) 23A-13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On June 23, 2017 before me, Susan Pugh Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Arturo Ayala 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 ac�� SusAN PUG" y executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the COMM11fl2105405 N E@N,1t,.ry Public-Califrnia rc person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. ANGECOUNTYomm. Pxpires Apr29.20t9� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official se Signature Place Notary Seal Above Signature of Notary Public usan Pugh OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could fraudulent prevent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 06/23/17 Number of Pages: One I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Arturo Ayala Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer —Title(s): ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General 9 Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee E] Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 23A-14 Bond No. CSBA-5343 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND PO\VER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shannon Rozelle OSTROM and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by die regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 29th day of March, A.D. 2017. ATTEST: Assistant Secretary Joshua Lecker ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND g` wa ilr06! ��Iaa4�"bt amoo +J� ext ra.. yo? wr*,c+• A11-0 J Vice President Michael Bond State of Maryland County of Baltimore On this 29th day of March, A.D. 2017, before the subscriber, allotary Public of the State of Maryland, duly commissioned and qualified, MICIIAEL BOND, Vice President, and JOSHUA LECRER, Assistant Secretary, of the Companies, to me personally known to be die individuals and officers described ht and who executed dic prcecding instrument, and acknowledged the execution of sante, acid being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals axed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seats and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day mid year first above written POA -F 012-00798 23A-15 1 \``^111Alllliy. •�'4i li'i�ina:it'^� 111111\111\�` Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 012-00798 23A-15 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE On June 28, 2017 before me, Debbie Lynn Carrillo -Notary Public (insert name and title of the officer) personally appeared Reginald Kawale Kama IV -President 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBBIE LYNN CABP.ILLD COMM. #2137535 z rcNotary Public • California o = San Bernardino County Signature (Seal) MY Comm. Ea iresDet.19,2019 23A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Sheets, highways including bridge projects: ''/x% of the bid or $10,000, whichever is greater o Buildings, parks, or otherprojects: %% of the bid Section 1725.5 of -the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name _ Ayala Boring Inc. Name License #/Exp. 388577 exp 3/31/2018 License #/Exp. DIR Reg.#/Exp. 1000006481 exp 6/30/2018 DIR Reg.#/Exp. Location 10150 Poplar Ave. Fontana, CLSLocation Phone 909-350-8940 Phone Type Of Work Boring Type Of Work Amount $ 40,000.00 Amount $ Name Hardy & Harper, Inc License 4/Exp. 215952 exp 12/31/2017 DIR Reg.NExp. 1000000076 exp 6/30/2018 License # Location 1312 E. Warner- Ave. Santa Ana, CA Phone 714-444-1851 Type Of Work Paving Amount $ 100,000.00 Name License #/Exp. DIR Reg.#/Exp. License # _ Location Phone Type Of Work Amount S 72 W6_4a Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 23A-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 REFERENCES 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, 1. City of Norwalk 12700 Norwalk Blvd. CA. 90650 Name and Address of Owner. Dennis Hatch Name and Telephone Number of person familiar with project. $293.135.00 Utility Relocation and Demolition October 2016 Contract Amount Type of Work Date Completed 2. City of Irvine 1 Civic Center Plaza Irvine, CA. 92606 Name and Address of owner. Ted Woloshun 949-349-1000 Name and Telephone Number of person familiar with project. $1,031,643.20 Utility, Demolition and Grading August 2015 Contract Amount Type of Work Date Completed 3. Cityof Anaheim Alley Sanitary Sewer Improvement Project (ASSIP) 2017 200 South Anaheim Name and Address of owner. Blvd. Anaheim, CA. $1,784,865.00 �P,ves facilitips V I Still in process 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. Fidelity & Deposit Company of Maryland (Surety) 777 South Figueroa St. Suite 3900 Los Angeles, CA. 90017 Shank 8c Associates (Insurance) 10091 Park Run Drive Suite 200 Las Vegas, NV 89145 P-10 of P-17 23A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER KkIN IMPROVEMENTS PHASE 2 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. 1, Albertson LLC 250 Parkcenter Blvd, Boise, ID 83706 Albertson Warehouse Expansion Name and Address of Owner. Chad Zinda 208-395-6200 Name and Telephone Number of person familiar with project. $1,470,000.00 Water Main Improvement Tune 2016 Contract Amount Type of Work Date Completed 2. Albertson LLC 250 Parkcenter Blvd. Boise, ID 83706 Safeway Distribution Center Name and Address of owner. Name and Telephone Number of person familiar withproject. 3190.000.00 Water Main Improvement November 2016 Contract Amount Type of Work Date Completed 3. Albertson LLC 250 Parkcenter Blvd. Boise ID 53706 Albertson Warehouse Expansion Name and Address of owner, Dave Pierson (208)395-6200 Name and Telephone Number of person familiar with project, $1,540,000.00 Water Main Improvement December 2016 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties fiom whom BIDDER intends to procure insurance and bonds. Fidelity & Deoosit Company of Maryland (Surety) 777 South Figueroa St. Suite 3900 Los Angeles, CA. 90017 Shank & Associates (Insurance) 10091 Park Run Drive Suite 200 Las Vegas NV 59145 P-11 of P-17 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER IVIAIN IMPROVEMENTS PHASE 2 I 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 to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain fiom 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 making a false certification may subject the certifier to criminal Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this day of , 20J by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature ll,Pr�/ 1QQ Notary Public Seal P-12 of P-17 23A-20 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 ORANGE County of On June 28, 2017 before me, Debbie Lynn Carrillo -Notary Public (insert name and title of the officer) personally appeared Reginald Kawale Kama IV -President 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature XKC DEBBIE LYNN CARRICL OMy COMM. 82137535 z Notary Public • California San Bernardino County (Seal)Comm. Expires Dec. 19, 2019 23A-21 CITY Or SANTA ANA PROPOSAL PROJECT NO,: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1, The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The. Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5. The Contractor shall famish 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 fivther 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-13 ofP-17 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties unposed for a violation of the Chapter. Signed: Title: Reginald Kamale Kama IV- President Kama IV- President Firm; AMPCO Contractine, Inc. Date: Tune 28.2017 P-14 of P-17 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship cotmnittee 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 Rind or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Reginald Kawale Kama IV- President Firm: AN[PCO Contracting, Inc. Date: lune 28, 2017 P-15 ofP-17 23A-24 CITY OF SAN'T'A ANA 1 PROPOSAL PROJECT NO.: 16-6468 SEVENTEENTH STREET WATER MAIN IMPROVEMENTS PHASE 2 j STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS 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 contraction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Title: Reginald Kawale Kama IV- President Pirm: AMPCO Contracting_ Inc Date: June 28 2017 P-16 of P-17 23A-25 CITE' OF SANTA ANA PROPOSAL PROJECT NO,: 16-6468 SEVENTEENTH STREET WATER MAIN ]IMPROVEMENTS PHASE 2 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 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 hi the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space P-17 of P-17 23A-26 CONTRACTING, INC. 1540 S. Lewis Street Anaheim, CA 92805 (949)955-2255 CSLB Number 851752 Seventeenth Street Water Maln Improvements Phase 2 Proiect # 16-6468 City of Santa Ana Public Works Agency Third Floor ll City Hall Ross Annex, 20 Civic Center Plaza M-22 Santa Ana, CA. , �� +1 ✓'> Bid Date: Thursday, June 291h 2017 @ 2PM 1 1 u 1 23A-28 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT PROJECT NO. 16-6468 17T" STREET WATER MAIN IMPROVEMENTS — PHASE 2 This CONSTRUCTION CONTRACT is made and entered into this 5a' day of September, 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 AMPCO Contracting Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 17"' Street Water Main Improvements — Phase 2 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 One Million One Hundred Twenty-nine Dollars and No Cents ($1,129,000.00), 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. 1220/2016 23A-29 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. 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-30 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: APN M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR: AMPCO Contracting. Inc. REGINALD KAWALE KAMA IV President 23A-31 Page 3 of 3 23A-32 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-6468: 17th STREET WATER MAIN IMPROVEMENTS-PHASE2 Construction Contract $ 1,129,000.00 Contract Administration $ 84,109.00 Inspection and Testing $ 85,241.00 Contingencies $ 112,900.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,411,250.00 EXHIBIT 4 23A-33 23A-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT TO HARRY H. JOH CONSTRUCTION, INC., FOR CONSTRUCTION OF ALLEY IMPROVEMENTS IN THE EASTSIDE NEIGHBORHOOD (PROJECT NOS. 17-6891, 16-6865, AND 15-6842) (STRATEGIC PLAN NO. 6, 1B & 11G) 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 I/ 4e-ItE FILE NUMBER CITY A AGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Harry H. Joh Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $377,621.30, for the term beginning upon execution of the contract and ending upon project completion, for construction of the FY 2014-15, 2015-16, and 2016-17 Alley Improvement Program projects, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $472,028, which includes the contract base bid, administration, inspection, testing, and a $56,644 contingency. 3. Authorize the reallocation of $45,307 in unspent FY 2013-14 Gas Tax Funds and $114,162 in unspent FY 2014-15 Measure M2 Local Fairshare Funds from various completed projects to the Alley Improvement Program projects for FY 2014-15 (Project No. 15-6842, $77,097), FY 2015-16 (Project No. 16-6865, $24,830), and FY 2016-17 (Project No. 17-6891, $57,542). DISCUSSION The City's Pavement Management System has identified alleys in segments of the Eastside Neighborhood as high-priority alleys in need of rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, wear -and -tear from trash collection operations, and heavy usage. The improvements include construction of new Portland cement concrete pavement and alley approaches. Once completed, the modifications will enhance the safety, surface drainage, and appearance of the surrounding neighborhood. 2313-1 Award Contract for Alley Improvements September 5, 2017 Page 2 Each year, funding is identified for the Alley Improvement Program in the City's Capital Improvement Program (CIP). To complete the high-priority alley projects in the Eastside Neighborhood, an additional $159,469 is needed over and above what was approved for the Alley Improvement Program in the FY 2014-15, FY 2015-16, and FY 2016-17 CIPs. Council approval is requested to reallocate $45,307 in Gas Tax Funds and $114,162 in Measure M2 Local Fairshare Funds that remain unspent after closing out various prior year projects. A Notice Inviting Bids was advertised on June 9 and June 14, 2017, and bids were opened on June 28, 2017. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 13 Contractors requesting biddingdocuments 11 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Harry H. Joh Construction, Inc. Paramount $377,621.30 2 Hardy & Harper, Inc. Santa Ana $475,000.00 3 Kalban, Inc. Santa Clarita $475,040.00 4 Horizons Construction Company International, Inc. Orange $607,028.00 A total of four bids were received and all were considered responsive. Harry H. Joh Construction, Inc., submitted the lowest responsive bid in the amount of $377,621.30 (Exhibit 2). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to Harry H. Joh Construction, Inc. (Exhibit 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan — e.g., neighborhood streets, traffic improvements, etc.). 23B-2 Award Contract for Alley Improvements September 5, 2017 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2017-47 has been filed for these projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $472,028, which includes construction, contract administration, inspection, testing, and contingencies. Upon approval of the requested reallocation of unspent Gas Tax and M2 Local Fairshare Funds, $334,121 will be available in the Measure M2 Local Fairshare Fund (Account No. 03217662-66220) and $137,907 will be available in the Select Street Construction Fund (Account No. 05917663-66220) for expenditure in FY 2017-18 as follows: M2 Local Project No. Fairshare Funds Select Street Construction Gas Tax Funds Project Totals 15-6842 $31,790 $137,907 $169,697 16-6865 $130,427 $130,427 17-6891 $171,904 $171,904 TOTAL $334,121 $137,907 $472,028 >r'�. red Mousavipour Executive Director Public Works Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 FEST sr I.: I �. � -111, ��t��� 11■UI ����� 1 ■■ I IIIIII■—III_II_ I_�--_ —�-� __�' � EASTSIDE NEIGHBORHOOD -WARD 2 SANTA ANA CITY COUNCIL PAGENDA DATE: V-1 PROJECT NOS. 17891, 16-6865,15-6842 u SEPT. 5, 2017 ALLEY IMPROVEMENTS hILIC .UsaS -M"N 23B-5 PAGE 1 OF 1 23B-6 CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: HARRY H. JOH CONSTRUCTION, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the Gfollowing schedule: Item Description Qty Unit Unit Price Amount l Unclassified Excavation 963 CY $114.20 $109,974.60 2 PCC Alley (T=8") with (3 -day) cure 870 CY $193.01 S 167,918.70 3 PCC (Portland Cement Concrete) 1,200 SF $ 20.80 $ 24,960.00 Sidewalk (T=4') 4 PCC Alley Apron (T=8") with (3 -day) 2,800. SF $ 18.68 $ 52,304.00 cure 5 Furnish and Install %" Thick by 16" wide 117 LF $192.00 $ 22,464.00 Polyfoam Continued on next page. 2P316 P� 6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS TOTAL BASE BID $ ;rlq r b2', �� 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). 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 Forty (40) 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 $500 per calendar day. Name of Firm HARRY H. JOH CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (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.) P-2 of P-16 23B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all, required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the put -pose 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. NameofFirm HARRY H.10H CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (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.) r - • CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. - Contractor's Name: HARRY H. JOH CONSTRUCTION, INC. Business Address: 7303 SOMERSET BLVD., PARAMOUNT, CA 90723 Business E -Mail Address: pchoung@hjconst.com / harry@hjconst.com Telephone: 562-630-3348 State Contractor's License No. and Class: A, B, C16, C20, C33, C36, C10, & C39 License Expiration Date: 04/30/2019 State Dept. of Industrial Relations (DIR) Registration No.: #1000001675 State Dept. of Industrial Relations (DIR) Registration Expiration Date: / Signed: 7i�_ Title: PRSIDENT 06/30/2017 P-4 of P-16 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as'part of an applicable "public works" or "maintenance' project; as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify. and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm HARRY H. JOH CONSTRUCTION, INC. Signature of BIDDER Title PRESIDENT (if an individual, so state) t3-Bf11� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA (�,C COUNTY OF �r�' Gof �h�{�rss: CITY OF S,"�mr+ir/ni' vri fe.A Wu11T CE Ha • / Joh -,being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: ® who constitute the other members of the co -partnership. T4CORPORATION That he� j - OY u . T0f_ e i e�� O'r r I Y' (,py�s'pYi� rft a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of.. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this 28TH day of JUNE 20 17 SLK;�� yerajJ ,,v�u40LIc- Signature of officer Administering Oath (Notlic) u Comm.#.#a110606 _ 2<3 e Notary Public. California Lot Angeles Cauuy Cant espiret Apr. 10, 2019 P-6 of P-16 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS KNOW ALL PRESENT that, Harry H. Joh Construction Inc. , as BIDDER, and Old Republic Surety. Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($ 109 ), 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 io be bound, jointly and severally, furnly 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 21ST day of JUNE , 2017 BIDDER* Harry H. Joh Construction Inc. 562-630-3348 7303 Somerset Blvd., Paramount, CA 90723 Harry Joh, President SURETY* Old Republic Surety Company 626-859-1000 Subscribed and sworn to before me ,20—. Signature: Notary Public in and for the County of , State of Us' day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23B-13 * * ULDREPUBLIC SURETY COMPANY POWER4 ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance, corporation, doe's make, constitute and appoint: BRITTON CHRISTIANSEN, MYRNA SMITH, PHILIP VEGA, KEVIN VEGA, OF COVINA. CA its we and lawful Attomey(s)-in-Fact, with full power and authority, not exceeding 550,000,000, for and on behalf of ire company as surety, to execute arid deliver and affix the seal .orthe company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds guaramces of installment paper and note guaranty bondszsetf--insurance workers compensation bonds. guaranteeing payment of benefits, asbestos abatement contract fonds, waste management bonds, hazardous waste reniedmlion bonds or black lung bonds), as follows, ALL WRITTEN INSTRUMENTS 1N AN AMOUNT NOTTO EXCEED FIFTY MILLION DOLLARS (S50,000,000) ------------------------- FOR ANY SINGLE OBLIGATION and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact,: pursuant to these prescnls, are ratified and confirmed. This document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authorityy of the hoard of directors -.at a special. meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority ohthe following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. - - RESOLVED that, the president, any vice-president, or assistant vice president. in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the: company to bonds, undertakings, recognizances, and suretyship,obligations of all kinds; and said oRiceis mayremove ' any such altomcy-in-fact or agent and revoke any Power of Attomey previously granted to such person. RESOLVED FURTHER. that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company' - (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a am] be required) by any secretary or assistant sccrctiry'; or - . . -.. - (ii) when. signed by the president. any vice president or assistant vice' president, secretary or assistant secretary, and countersigned andscaled (if a am[ be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (it's seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance; or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 16TH day of MAY,2017. OLD REPUBLIC SURETY COMPANY aune t e 1 e ni.suni sol: SEAL ii, /.4t e STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS ~'"`�•.:,�,�•«�"`.` President On this 16TH day of MAY, 2017 , personally came before me, Alan Pavlic and ]ane icy ', to me known to be the individuals and officers of the. OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did,sevcrally depose and say; that they aro the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures ns such officers were duly alfixed and subscribed to the said instrument by the authority of the board ordireclors of said corporation. - � HS.Y„� �;..�,i2 tit. sem_ F `QYaap.,Y i nwo�,S{ Notary Public �,. aa1.� R`. y:.., My commission expires: 9/28/2018 Oi H'h4 CERTIFICATE (Expiration of notary commission does not Invalidate this Instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY (hal the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, [hat the Resolutions of the board of directors set forth in the Power of Attorney, am noiv in force. 7 74-0061 Signed and sealed at the City of Brookfield, WI this x'`/57 day of NI -e AOr1 , ¢g! SEALto V t o� ,,,, is ; _-- rz..r •% �ccr_.4.�. C & D BONDING & INSURANCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 JUN 21 2017 before me, KEVIN EDWARD VEGA NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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. KEVIN EDWARD VEGA UB Notary Public • CaliforniaLos Angeles Counly commission # 2151113 My Comm. Expires Apr 29.2020' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature fgnafure 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 Document Title or Type of Document: Number of Pages: Document Date: Signer(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 fl Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator f-1 Other: Signer Is Representing: �c^.sic^�ersc.�ses�sc_:wry-r�«-.�c^se^€eo.�-mosses�e<_e^rxsye^sesti^�c^r�-Ensu.^�s�eK�ww�^�Kus�e<sz�K:;eer�ei ©2014 National Notary Association • www.Nationa]Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-15 California All Purpose Acknowledgement 2015 Government Code 1189 compliant 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 06/27/17 personally appeared Harry Joh before me, Dale Jung, Notary Public, who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/efe subscribed to the within instrument and acknowledged to me that he/6hekhey executed the same in his/hePkheir authorized capacily(tee), and that by his/her/their signature($) on the instrument the persontd), or the entity upon' behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Dale Jung, Notary Public Signature 23B-16 ti Dale Jung Coven #2106343 Notary Public - California .'.. los Anow camty Comm aspires Apr. 10, 2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2% of the bid or S 10,000, whichever is greater o Buildings, parks, or other projects: %:% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name IV l License #/Exp. DIR Reg.#/Exp. Location Phone Type Of Work Amount $ Name IV /A License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of P Amount $ Name N 14 License #/Exp. DIR Reg. #/Exp. License Location Phone Type Of Work Amount $ -AL <X - Signature of Bidder Name NIA License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name 141h License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name jgm- License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 239f 1�% I Y CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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. 1 Los Angeles County / Department of Public Works (LACo. DPW) 1900 Fremont Ave., Alhambra, Ca 91803 Name and Address of Owner. Mr. Salim Sioufi 626-300-2361 1 Marina Del Rey Parking Lot #11 Rehabilitation / #1526-006000 Name and Telephone Number of person familiar with project. $489,101.79 Remove, Dispose & Construct Earth/Grading, AC Pavement, 06/22/2017 Contract Amount Concrete Curb & Guttefry fagbrWghting Fixtures, Sidewalk Date Completed -2 Los Angeles County / Dept. of Public Works (LACo. DPW) 1900 Fremont Ave., Alhambra, Ca 91803 Name and Address of owner. Mr. Cris Garau 626-300-3277 1 Pathfinder Park Lighting & General Improvements / #1523-004.00 Name and Telephone Number of person familiar with project. $518,426.93 Remove, Dispose & Construct Earth/Grading, AC Pavement, 08/01/2017 Contract Amount Site oncrete, LandscaPirype ors Date Completed 3 Los Angeles County / Dept. of Public Works (LACo. DPW) 1900 Fremont Avenue, Alhambra, Ca 91803 Name and Address f owner. Ms. Hotla EL Sokkay p626-300-2332 1 OVMC Psych Ward - Unit 6C Remodel Project -Site Preparation Name and Telephone Number of person familiar with project. $395,442.69 Remove, Dispose & Construct Earth/Grading, AC Pavement, 06/20/2017 d Utilities ❑-.i,:.,,, i,.. -IIAE-Fete & n,,..:.^I Work 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. Broker: Mr. Britton Christiansen, C&D Bonding & Insurance 1 534 E. Badillo St., Covina, Ca 91723 Surety: Old Republic Surety Company I Southern California Contract 14728 Pipeline Avenue, Suite E, Chino Hills, Ca 91709 1 (Office) 866-611-9509 Main Office - Claims/Contract Bonds I P.O. Box 1635, Milwaukee, WI 53201 (Office) 800-217-1792, Option 2 1 (Fax) 262-797-9495 P-9 of P-16 23B-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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. I Los Angels County / Dept. of Public Works 1900 Fremont Avenue, Alhambra, Ca 91803 Name and Address of Owner. Mr. William Hayes 1310-965-8614 1 Moor Park Improvement Project Name and Telephone Number of person familiar with project. $1,200,000.00 ADA Upgrade & Gymnasium Refurbishment Dec. 2015 Contract Amount . Type of Work Date Completed 2. n/a Name and Address of owner. Name and Telephone Number of person familiar with prajgct. Contract Amount 3. 'n/a Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 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. Broker: Mr. Britton Christiansen, C&D Bonding & Insurance 1 534 E. Badillo St., Covina, Ca 91723 Surety: Old Republic Surety Company 1 Souther California Contract 14728 Pipeline Avenue, Suite E, Chino Hills, Ca 91709 1 (Office) 866-611-9509 Main Office - Claims/Contracts Bonds I P.O. Box 1635, Milwaukee, WI 53201 (Office) 800-217-1792, Option 2 1 (Fax) 262-797-9495 2of E M-1-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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 to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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 making a false certification may subject the certifier to criminal prosecution`. Signed �J �— State of California County of Los Angeles Subscribed and sworn to (or aflinned) before me on this 28th day of June 2017, by Harry H. Joh , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me r– Notary Public Signature i Notary Public Seal P-11 of P-16 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865,15-6842 ALLEY IMPROVEMENTS 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 put -poses 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-12 of P-16 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS 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: � '--' 7—,( Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION. INC Date: 06/28/2017 P-13 ofP-16 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891,16-6865,15-6842 ALLEY IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. _ Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: < _ Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION, INC. Date: 06/28/2017 236-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: PRESIDENT Firm: HARRY H. JOH CONSTRUCTION, INC. Date: 06/28/2017 P-15 of P-16 23B-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6891, 16-6865, 15-6842 ALLEY IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 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-16 of P-16 23B-25 23B-26 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 17-6891, 16-6865 AND 15-6842 ALLEY IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 51h day of September, 2017 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California (hereinafter "CITY"), and Harry H. Joh 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 Alley Improvements 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 RvIPROVEMENT the sum total amount not to exceed Three Hundred Seventy -Seven Thousand Six Hundred Twenty -One Dollars and Thirty Cents ($377,621:30), 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 sums) 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. 12/1011016 23B-27 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF MROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A'D 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. 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. Page 2 of 3 23B-28 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:/t- J M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR: Harry H. Joh Construction, Inc. HARRY H. JOH President 23B-29 Page 3 of 3 23B-30 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17-6891,16-6865 & 15-6842: ALLEY IMPROVEMENTS Construction Contract $ 377,621.30 Contract Administration $ 17,762.70 Inspection and Testing $ 20,000.00 Contingencies $ 56,644.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 472,028.00 EXHIBIT 4 23B-31 23B-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC., FOR CONSTRUCTION OF THORNTON PARK SECURITY LIGHTING (PROJECT 16-2655) (STRATEGIC PLAN NO. 6, 1B & 19) 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 CITY M AGER RECOMMENDED ACTION 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $94,500, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Thornton Park Security Lighting Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $127,575, which includes the contract base bid, administration, inspection, testing, and an $18,900 contingency. DISCUSSION The existing security lighting at Thornton Park was installed over 29 years ago. The light poles have deteriorated and require replacement to enhance public safety. This project will replace all existing poles with new poles and foundations, and will install new energy efficient LED light fixtures to enhance security lighting at Thornton Park (Exhibit 1). The improvements will also include vandal -resistant security light concrete poles, and will further expand and increase the lighting levels of the parking lot. A Notice Inviting Bids was advertised on May 16 and May 23, 2017, and bids were opened on June 6, 2017. The following tables summarize the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 8 Contractors requesting bidding documents 14 Bids received 9 Bids received from Santa Ana contractors 1 23C-1 Award Contract for Thornton Park Lighting Project September 5, 2017 Page 2 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 California Professional Engineering, Inc. La Puente $94,500.00 2 Delta Electric Santa Clarita $108,926.00 3 Foddrill Chino $110,076.48 4 Aegis ITS, Inc. Anaheim $113,081.68 5 ND Construction Co., Inc. Anaheim $114,489.00 6 Calpromax Engineering, Inc. Placentia $116,900.00 7 Comet Electric Chatsworth $137,813.00 8 Baker Electric Escondido $139,100.00 9 AJN Electric, Inc. Santa Ana $162,712.00 A total of nine bids were received and all were considered responsive. California Professional Engineering, Inc., submitted the lowest responsive bid in the amount of $94,500 (Exhibit 2). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to California Professional Engineering, Inc. (Exhibit 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 B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan — 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 ER 2017-39 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $127,575, which includes construction, contract administration, inspection, testing and contingencies. Funds in the amount of $127,575 are budgeted and available for expenditure in Fiscal Year 2017-18 as follows: 23C-2 Award Contract for Thornton Park Lighting Project September 5, 2017 Page 3 $37,703 is available in the Capital Outlay available in Residential Development District 4 Fund (Account red Mousavipour Executive Director Public Works Agency No. 05113263-66220), and $89,872 is Fund (Account No. 31413260-66220). Gerardo Mouet Executive Direc or Parks, Recreation & Community Services Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez *6 Executive Director Finance & Management Services Agency 23C-3 23C-4 ® PROJECT LOCATION SANTA ANA CITY PWA - September 5, 101 run �� .Dia3 .cc.c. ADAMS ST :C SEGERSTORM AV H WRMEDR N Z EXHIBIT 1 THORNTON PARK SECURITY LIGHTING (PROJECT 16-2555) 23C-5 PAGE 1 OF 1 23C-6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price Amount 1 THORNTON PARK SECURITY LIGHTING I LS $ %SDOa $ b 2 ADDITIONAL LIGHT POLE ASSEMBLY* 1* EA $ $ 3 ADDITIONAL WIRING* 100* LF $ $ 4 ADDITIONAL CONDUIT* 100* LF $ 3� $� 5� TOTAL BASE BID $ of 4 ,f 00 -0) 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 -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. 236—T CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within THIRTY (30) 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 $500 per calendar day.. Name of Firm Califronia Professionhi &=neerine,-In3 Signature of BIDDER Title Van Nguyen, President Sur0oN.-tpQttMmr, tAprzw (If an individual, so state. If a firm 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.) � 11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 tinder penalty of perjury that the foregoing is true and correct. Name of Firm California Professionaj,�ngineerina.ilnc. Signature of BIDDER Title Van Nguyen, President (If an individual, so state. If a firm or co -partnership, state the m 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.) CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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: California Professional Engineering, Inc. Business Address: 929 Otterbein Ave, Unit E La Puente, CA 91748 Business E -Mail Address: van@cpengineeringinc.com Telephone: 626 810 1338 State Contractor's License No. and Class: 793907 Class A, C-10, C-20 License Expiration Date: 4/30/2019 State Dept. of Industrial Relations (DIR) Registration No.: 1000001980 State Dept. of Industrial Relations (DIR) Registration Expiration Date: , Signed: Title: 2p3dirPh CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 California Professional Engin n , kc. i' / Signature of BIDDER Title Van Nguyen, Presi (if an individual, so state) 2 aC 1 J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Van Nguyen being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of CALIFORNIA PROFFQCIONAI ENGINEERINGING, INC a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against tite City of Santa Ana or any person interested in the proposed cont ac , e f or any other person. /i Signature of Bidder Subscribed and sworn to bef re me this 6 day of JUNE 90 17 Signature of officer Administering Oath (Notary Public) JURAT State of California County of Los Angeles I SS. Subscribed and sworn to (or affirmed) before me on this 6th day of June , 2017 , by Van Nguyen , proved to me on the basis of satisfactory evidence to be the person(O who appeared before me. DIEM ! 2042311 . ��c NOGc!1U -CALIFORNIA t LOSANGRESCOUNTY rNp �1 * 4(!E 1.ir fn9}. ETP SEP. 21.1017 i NOTARY'SSIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. PLACE NOTARY SEAL IN ABOVESPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUNIENT INDIVIDUAL CORPORATE OFFICER President, SecretaryTreasurer, Manager TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLES) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT OTHER ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: BIGHT 4 NAME OFPERSON(S)ORENTITY(IES) THUMBPRINT ® California Professional Engineering, Inc. OF 4 SIGNER 4 4 4 4 4 4 4 4 4 4 ®ow®o®o®o♦o.r000m.0000®000000m000.a�mo.oas00000..o.cooP.° I BV2aBS NOTARYBONDS, SUPPLIES AND FORMS ATHTTPaMM1VN.VALLEXSIERRA.CONI t)2065.260SVALLEY-SIERRAINSURANCF. 23C-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT KNOW ALL PRESENT that, California Professional Engineering Inc. as BIDDER, and Allied World Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten percent of the total bid amount Dollars ($ 10% ), which is ten percent (100/6) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, finely 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 2nd day of June 120 1� BIDDER* California Professional Engineering Inc. 929 Otterbein Avenue, Ste. E, La Pueiite A SURETY* Allied World Insurance Company 550 S. Hope Street, Suite 1825Ao, Subscribed and Signature: to before me ,20—. Notary Public in and for the County of 626-810-1338 CA 9007 , State of this 213-416-1453 day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23C-14 ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Los Angeles j SS. On June 6, 2017 DATE personally appeared Van Nguyen before me, Diem Chu Notary Public, who proved to me on the basis of satisfactory evidence to be the personW whose nameW is/xVq subscribed to the within instrument and acknowledged to me that heLsholfrhely executed the same in hishbori.thxir authorized capacity(ies), and that by his/lseaaltheir, signature(&) on the instrument the person(}i�, or the entity upon behalf of which the person(Ae 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. DIEM CHU WITNESS my hand and official seal. N�Y.,�rr:�;,.. I:� 0 COli i. # 2042313 '' £Rfm E�• NCT.AXI PUBLIC CALIFOANIA05 ANGELES N UNY I.B1' CJLA EXP. SEP 21, 2017' NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv. or validity of that document. PLACE NOTARY SEAT. INAnOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIM EU BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER President, Secretary Treasurer, Manager TITLE OR TYPE OF DOCUMENT PARTNER(S) TITLE(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAME 01' PERSONS) OR EN'i'll'WES) California Professional Engineering, Inc. APA UM12 NUMBER OF PAGES DATE OF DOWNIENI' RIGHT THUMBPRINT OF SIGNER OTHER 6 F NO VARY BONDS. SUPPLIES AND FORhIS AT HTII':IIWN'N',VAI.LF.I'-SIERRA.CO]1 C2005 -200S %,V ALET-SIERRA INSIIItANBL 23C-15 ~ � �NCALIFORNIAALL-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 c that document. STATE OF CALIFORNIA County of Orange On June 2, 2017 -- before me, — Robyn R. Kargari Notary Public, Data Inset Name of Notary exactly an it appears an the official seal personally appeared Yung T. Mullick _ Names) of 9ignar(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 BYN RGARI person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. y °�R R, iCA�� a ° ` COMM. # 2115276 Ur g � tfOTMYPUOUGCAtIFOM'IA� I certify under PENALTY OF PERJURY under the laws of ,`@ fig~+ %• . ' ORANGE COUhlTY the State of California that the foregoing paragraph is true °«rte. MYCOMM.EXP.JUllE13,2ot9 and correct. Witness my han - it Signature ;ZR�a-rg-arl Placs Notary Sail Above slam ofN 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: Document Date: __-- I — Number of Pages: Signer(s) Other Than Named Above: I Capacity(les) Claimed by Signer(s) Signer's Name: _ _ Signer's Name: i❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): —__W ❑ Corporate Officer—Title(s): _ ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General j ❑ Attorney in FactElAttorney - in Fact - ❑ Trustee a -- •- E] Trustee ® ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: 23C-16 r I , r ! _IN_WITNESS WHEREOF, ALLIEDWORLD_INSURANCE C duly authorized and empowered toexecule on the Company's Thfs23rd dao(Felxuary, 2017- 4 -� f _ I - f I State of Pennsylvania - ) County of Philadelphia )ss. On this 23rd: day ofFebrvary, 2017, before me came the abov ..nan = _ALLIED WORLD INSURANCE COMPANY,tomepetsonally known to be, t T ,arid-offimr;described herein, and acknowledged that he executed'' instrumentand afr red the seals of said corporation thereto by au office. Emeipt.of Resolution adopted by the Board of Dimolors of the ALLIED WORL RESOLVED, that the p W officers of the CaPoratim, tie head of the surety busirr Olfi=lbe; and each hereby is, autr&ed to appoint we arroars Aborrzysi Fact ' _`_. -(Imtleritre oammon sealof(hoCapaafon ifeppmW.tam)fgbs�adedaFings,mmg RESOLVED, that in oxneUm Y4 the CappreWS tramicbm of study business P,, ie of Aermcv m h am onr F " n .rnn fhr ,h by fr.gmin aryl am.6'F OMPANY has caused these:presents to be, executed by the officer named below, behalf. EaMb7 SALT116t'Pir11NE�lW`1HHlA , ;/ry1 T- femnity, ; remain' h Issue m ' a'Authormed.Okes'and wkdr ly, the'Autra¢ed nmionofthe CanpalyssumNbusinmtoemcuto _ ilhenaWre (hereof. -_ - _ e seal of Ole:Coryo2Sm may be alRred to rare/ suili.>, _. or basimie seal shall be vac and bssdrg upon the I , RESOLVED, Nat in mnnefiah vdN to Corpombm's tansacxn o(surety bsinass;:te facstrde or medhancallyreproduced sgnat re -of any Autaizac! Olficer,wheUarmade terebbre a hereaten I vAemaappeadng uponempyofany PaazrofAt(hmeyoflhe Caporhtorl, vnN sipdaWres affizedaeexlabm2 ,shat bavedadundagupmme CoryaaOonwei the same form axleteaas^ _ - .teughnianuafiyaifixai.. -- RESOLVM that in mmec4an wih tSe Capomkn's traaac!iar of su2N busnm. my wdh Attar.eyln-Fatdehaing asaoetadal aolhaoecfifcation Natu a belg*g nsdubm sbl ba bieRectmay. Insedh suchoe cation the da',e(hereof, said dale to be mllaterNanthedateofdelivery0xiedbysch Alomeyia-Fact. - RESOLVED,NatN°ANJssized afimrs befall each hate5y"s; auNa¢od to exeA (t*thecamranseal o(Na Copaaton ifappopnate),make, file arddefrmrm Nenameard mbehaRofihe . ,. - -: CorPustioham airy e0 axsents ceN5z!es.egreemenU, arreidments, supp�erilens, Instumenis aldWrer doaunerAsivhasaeeer, and doerry and ail oNa lliugs wihasoerer in wimednn ItiN tlfe.: Calcration's tansadiih of snaN btmnms as such Auboi¢ed Officer shad 41'fils or her ateaiutedsoefion deem otdefmnhe app oprb!e and ary of tie faegcing resok&m.(he hmacwmn. i, Dan1el 2harkovky, Seorelary of (ha AUBD WORLD INSURANCE COMPANY, do hereby Miry that the' bing.excerpts of f - .-mtpordonand the Pow�ofAflaneyissueA phvsuantNeretoI are weend cared, and NalhaN the Resdudm and the Pou((eraA��tlane IN WrrNESSWHEREOF, I have here udo setmy hand and affued the feasuitleseel of tlhe oorromtm, Nisi deyof_I rr ' - . Danlel2harkovl -• ,SUR_-.0004600(05/2016)'23C-17 �.C1 7 ie Road of Dmdors of this CL N0.3186.4 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY that, pursuant to the Insurance Code of the State of Californig Allied World Insurance Company of New Hampshire, organized under the laws ofNew Hampshire, subject to its Articles oflncorporation or otherfundamental organizational documents, is hereby authorizedto transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Class, Liability, Workers'•Compensatlon, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Ainnraft, and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State ofCaltfornia, THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being In fidl compliance with all, and not in violation ofatty, of the applicable latus and hnvfid requirements made under authority ofthe Iaws afthe State ofCaltfarida as long as such laws or requirements are in effect and applicable, and as such laws and requirements now core, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 22"t day of May, 2013, 1 have hereunto set my hand andcamsed my official seal to be affixed this 22" day of May, 2013, Dave Jones Innuavrrr Comnrtnlarser Al By Susan J. Stapp for Nettle Hoge Chiel'Depiy NOTICE: Qualification with the Secretary of State must be accomplished as required "a Califnmin Corporations Code promptly after. Issuancoofthis Certificate ofAutbority. Failureto do sa will be asiolation of huiumice Codo s e ion7Ot and wlllbegmurdsfor rovoldng this Certificato of Authority pinsuant to the covenants made in the application therefor and the conditions oc amined herein. 23C-18 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT LIST OF SUB -CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firs listed below: Name N`q License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ =Llt CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT REFERENCES 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. 1. Please see attached 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type ofVllork Date Completed 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. Please see attached CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. Please see attached 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. Please see 2310 =41 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com Street Lighting -Job References PRaEM: Design — Build High Voltage Streetlight System Rewiring Amount: $547,044.66 Owner: City of Santa Ana Project Manager: Tyrone Chesanek Email: tchesonek@sonta-ano.org Contact Phone #: (714) 647-5690 Fax #: (714) 647-5622 Status: Completed Approximate Start/End Dates: Feb 2015 -March 2016 of Supplies, Equipment, or Services Provided: Convert High Voltage to Low Voltage Wiring, Design/Build, Installation of Lighting Fixtures, and Conduit. Installation of Sport Field Lighting System Amount: $65,501.00 Owner: City of Huntington Park Project Manager:Josette Espinosa Email: jespinosa@hpca.gov Contact Phone M (323) 584-6216 Fax #: (323) 588-4577 Status: Completed Approximate Start/End Dates: Dec 2015 -Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring, Pull Box, Sports Field Lighting Fixtures, and Lighting Poles, Firestone Blvd Improvement Project Amount: $409,305.58 Owner: City of Downey Project Manager: Keith Hoey Page 1 of 3 23C-22 Document Last Updated 41512016 Email: khoey@downeyca.org Contact Phone #: (552) 622-5898 Fax #: (562) 904-7296 Status: Completed Approximate Start/End Dates: April 2014 -August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pull Boxes, Pedestals, LED Fixtures, and Light Poles. Street Light in Lieu Amount: $244,716.35 Owner: City of Ontario Project Manager: Johnson Hua Email: jhua@ci.ontario.co.us Contact Phone #: (909) 395-2131 Fax #: (909) 395-2122 Status: Completed Approximate Start/End Dates: Jan 2014 -April 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pullboxes, Pedestals, LED Fixtures, and Light Poles. Old Towne Street Lighting Improvements Amount: $453,145.00 Owner: City of Orange Project Manager: Medef Llanes Email: mllones@cityoforange.org Contact Phone #: (714) 744-5535 Fax #: (714) 744-5573 Status: Completed Approximate Start/End Dates: Jan 2012 -April 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit Pullboxes, Pedestals, Street Lights w/ Fixtures, and Light Poles. Installation of Street Lighting on Mountain Street from Craig Ave Amount: $335,166.00 Owner: City of Pasadena Project Manager: Chris Hernandez Email. cehernandez@cityofpasadeno.net Contact Phone #: (626) 744-4303 Fax #: (626) 396-7931 Status: Completed Approximate Start/End Dates: Jan 2012 -May 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Street Light Pullboxes, LED lamps, Post Top Concrete Streetlights, Street Light Conductors, and Modify Existing Street light Feed Point. Page 2 of 3 Document Last Updated4/5/2016 23C-23 Street Light Installation —Guinida Lane Amount: $202,345.50 Owner: City of Anaheim Project Manager: Mark Brownrigg Email: mbronwrigg@anaheim.net Contact Phone M (714) 765-4300 Ext. 4596 Fax #: (714) 765-5225 Status: Completed Approximate Start/End Dates: Aug 2011 -March 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduits, Wirings, Service, Foundations, Street Light Poles, and Luminaires. Page 3 of 3 Document Last Updated 41512016 23C-24 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cpengineeringinc.com We intend to procure all bonds from: The Hanover Insurance Company Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949 -461 -7000 -office # 949 -461 -7725 -fax # ymullick@thebond-exchange.com We }I-gprocure all general/access liability/auto liability certificates from: Inc. CA 91730 procure all workers' compensation certificates from: BBSI Magdalena Gilane, Agent 1950 Sunwest Lane, Suite 250 San Bernardino, CA 92408 909 -890 -0100 -office # 909 -890 -0120 -fax # magdalena.gilane@bbsihq.cwm Page 1 of 1 23C-25 Document Last Updated 9.7.2016 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are caytoned that making a false certification may subject the certifier to criminal prosecktidfi.A Signed State of California County of LAS ftiNCrEtkS Spbscribed and sworn to (or affirmed) before me on this 6 day of Tuue- , 20 IT, by VnrJ VhWUN , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal � J1 PA& V JURAT State of California County of Los Angeles I SS. Subscribed and sworn to (or affirmed) before me on this Van Nguyen to be the person(a�who appeared before me. 6th day of June , 2017 by proved to me on the basis of satisfactory evidence I)IEld 042 gy�pp ' CGY PUL 2042313 NO'LOS ANGELES CAUPoRNIA LOS ANGELES COUNTY %O�ig � Rtr Ccaa ExA. S=.A. 21. 2017' NOTARY'SSIONATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validity of that document. PLACE NOTARY SEAL INABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHED DOCUMENT ❑ INDIVIDUAL 0 CORPORATE OFFICER President Secretary. Treasurer, Manager TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) rin-RS) ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT OTHER ABSENT SIGNER (PRINCIPAL) IS REPRESENTING: RIGHT @ NAMEOF PERSON(S) OR ENTITY(IES) THUMBPRINT ® California Professional Engineering, Inc. OF SIGNER @ 0 0 0 @ @ 0 @ 1 0 0 0 @ow>omomoo®eosamma000smommomooma.®momos®o®osoowmoos®o®omo@ J D12008 NOTARY BONDS. SUPPLIES AND FORMS ATHTTPYAVNW.V:\LLEY-SIFRRA.00h1 5'1 2005-200 5 VALLEY -SIERRA INSURANCE 23C-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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-cotnpliance 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 Chapte . Signed: Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: June 6, 2017 IMMj CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 joumeymen 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 contr tors, except contractors not signatory to the trust agreement shall pay a like amount to t alifo-M renticeship Council. Signed: / Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: June 6, 2017 r% W- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT TATEMENT 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 workyto give up any part of the compensation to which he/she is otherwise en itl�� Signed: Title: Van Nguyen, President Firm: California Professional Engineering, Inc. Date: lune 6, 2017 23' 04f CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT 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 X If the answer is yes, explain the circumstances in the following space, i96h CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 16-2655 THORNTON PARK SECURITY LIGHTING PROJECT This CONSTRUCTION CONTRACT is made and entered into this 5a' day of September, 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 California Professional Engineering, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Thornton Park Security Lighting 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 Ninety -Four Thousand Five Hundred and No Cents ($94,500.00), 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 23C-33 Pagel of3 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. 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. H 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. 230-34 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: JOAN M FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR: California Professional Engineering, Inc. VAN NGUYEN President 23C-35 Page 3 of 3 23C-36 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2655: THORNTON PARK SECURITY LIGHTING PROJECT Construction Contract $ 94,500.00 Contract Administration $ 6,275.00 Inspection and Testing $ 7,900.00 Contingencies $ 18,900.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 127,575.00 EXHIBIT 4 23C-37 23C-38 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: AWARD CONTRACT TO USS CAL BUILDERS, INC., FOR CONSTRUCTION OF DOWNTOWN PARKING FACILITY IMPROVEMENTS (PROJECT NOS. 16-1301,16-1302,16-1303,16-1304) (STRATEGIC PLAN NOS. 6, 1G)/ 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 CI MANAG RECOMMENDED ACTION 1. Reject all bids received on March 30, 2017, for construction of the Downtown Parking Facility Improvements project, due to changes in the scope of work. 2. Award a contract and authorize the City Manager and Clerk of the Council to execute a construction contract to USS Cal Builders, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,809,485, for the term beginning upon execution of the contract and ending upon project completion, for the Downtown Parking Facility Improvements project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,275,000, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $345,515. DISCUSSION As part of the Council approved Downtown Enhancement and Parking Plan, this project will improve four downtown parking facilities located at 310 North Birch Street (3rd/Birch Parking Structure), 420 North Main Street (5th/Main Parking Structure), 300 East Fifth Street (5th/Spurgeon Parking Structure), and 301 North Bush Street (3rd/Bush Parking Lot). (See Exhibit 1.) The scope of work for the parking structures includes removal of existing parking access control equipment and attendant booths; installation of new parking access control equipment, on -foot pay stations, and a parking control management central station; and renovation of the existing restrooms at the 5th/Spurgeon Parking Structure. The scope of work for the 3rd/Bush Parking Lot includes removal of the existing on -foot pay station, installation of new on -foot pay station, and construction of a new wheelchair access ramp 23D-1 Downtown Parking Facility Improvements September 5, 2017 Page 2 to access the pay station. Once completed, these improvements will automate and link together three parking structures and one parking lot for management from a central station located at the 5th/Main Parking Structure, increase ingress and egress efficiency, improve aesthetics, and provide a public restroom with direct access from Plaza Santa Ana. A Notice Inviting Bids was advertised on February 28, 2017, and March 7, 2017; bids were opened on March 30, 2017. The bids received exceeded the project budget, thus the scope of work was revised and the project was rebid. The changes to the scope of work included deleting all improvements to the parking facility located at 301 N Broadway (3rd/Broadway Parking Structure); reducing the total number of on -foot pay stations; and deleting the painting work from the base bid and adding it as a bid alternate in the event additional funds became available. A Notice Inviting Bids was advertised on July 20, 2017, and July 27, 2017; bids were opened on August 10, 2017. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 16 Contractors requesting bidding documents 9 Bids received 3 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 USS Cal Builders, Inc. Stanton $2,809,485.00 2 Future DB International, Inc. Irvine $3,380,271.00- 3 Harry H. Joh Construction, Inc. Paramount $3,553,738.27- A total of three bids were received and all were considered responsive. USS Cal Builders, Inc., submitted the lowest responsive bid in the amount of $2,809,485 (Exhibit 2). Based on the bid analysis and a contractor reference check, staff recommends awarding the construction contract to USS Cal Builders, Inc., in the amount of $2,809,485 (Exhibit 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 Plan — e.g., neighborhood streets, traffic improvements, etc.). 23D-2 Downtown Parking Facility Improvements September 5, 2017 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2017-91 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $3,275,000, which includes construction, contract administration, inspection, testing, and an authorized contingency of $345,515. Funding is available in the Parking Enterprise Fund (Account No. 02710133-66220) in the following projects for expenditure in Fiscal Year 2017-18: Project Number Amount 16-1301 $ 556,750 16-1302 $ 818,750 16-1303 $ 556,750 16-1304 $1,342,750 TOTAL $3,275,000 Fred Mousavipo Executive Director Public Works Agency FM/EWG/TC/MO 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 23D-3 23D-4 loth St Z [� m € toth St W loth St p1 z z f 9th St IPA 5TH/MAIN PARKING STRUCTURE C1 (420 N MAIN STREET) tp, St Z U� .t in CP i Y. r 5TH/SPURGEON zOr IV PARKING STRUCTURE , (300 E FIFTH STREET) WSanta Ana Blvd E Santa Arte Blvd - - E Gib St Civicn i E C 'v W 5th St z $ E 5th St �Q 2z . d W 4th St -E 4tlt St s Z s p 5 W W 3rd St ® R` W 3rd St ® E 3rd St m` Birch Pd ^k G W 2rd St E2 d5t Z -W 1st St--- _ - __-_. -- W-ist St _-, E 1st St 3RD/BIRCH 3RD/BUSH PARKING STRUCTURE PARKING LOT (310 N BIRCH STREET) _ (301 N BUSH STREET) slnut5t E a a ro E Santa Ana W Alae St u p E Pine St N Nigh School '^ W Chestnut Ave E Chestnut Ave C O C a. �+ N F. 1500 feet E Myra, 5t EXHIBIT 1 r+_ SANTA ANA TITLE: CITY COUNCIL ■ AGENDA DATE DOWNTOWN PARKING FACILITY IMPROVEMENTS l • -W `, SEP. 5, 2017 (PROJECT NOS. 16-1301, 16-1302, 16-1303,16-1304) Public Mrks Agency - 23D-6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NOS.: 16-1301, 16-1302,16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS BIDPROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: USS CAL BUILDERS INC. 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 and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Quantity Unit Unit Price Amount 1 Parking Structure Improvements — Third & 1 LS $ $ Birch 000 l e5l00t7 2 Parking Structure Improvements — Fifth & 1 LS S $ Main 40,000 `-i 0 O O p 3 Parking Structure. Improvements — Fifth& 1 LS $ $ Spurgeon (20c, I O 0 O 4 Restroom Improvements —Fifth & 1 LS $ $ Spurgeon ) 0 0 0 0 3761 0 0 0 5 Parking Lot Improvements — Third & Bush I LS $ 6 9z o oc, '60,000 6 Alley Improvements - Unclassified 17 CY S $ Excavation 2 30 3/ Ci t o 7 Alley Improvements - Brick Pavement 840 SF $ 35 $ 2 1100 8 Alley Improvements - Steel Pipe Concrete 5 EA 175 Filled Bollard Fe 9 Parking Control Management Central 1 LS $ $ Station —Fifth&Main 52 000 3. 2- QOO 10 On -foot Pay Station 9 EAI$ 6 C n C7 $ rjt O 00 D 11 SKIDATA Parking Control System —Third 1 LS $ $ &Birch --7i 2V 7 000 297 12 SKIDATA Parking Control System—Fifth 1 LS $ $ &Main 40610 00 06 0007 13 SKIDATA Parking Control System — Fifth 1 LS $ $ & Spurgeon u5 ©oa �'� 5 0 0 � 14 SKIDATAParkingControlSystem —Third 1 LS $ $ &Bush 2, O ©00 [100 2,10Z600 TOTAL BASE BID $ P-1 of P-16 23D-7 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS ADD ALTERNATE BID 1 15 1 Paint Parking Structure — Third & Birch 1 I LS S 1 q 0 o00 $ j O 000 TOTAL ADD ALTERNATE BID 1$ 1 g 0/ 0(? O ADD ALTERNATE BID 2 16 1 Paint Parking Structure — Fifth & Main l LS $ 13 01 o0 $ 130 000 TOTAL ADD ALTERNATE BID 2 $ )30,060 ADD ALTERNATE BID 3 17 1 Paint Parking Structure — Fifth & Spurgeon 1 LS $ 2'1 q o0 $ 2y9 00 TOTAL ADD ALTERNATE BID 3$ 2-41/000 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 -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) 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 $7,000 per calendar day. Name of Firm USS CAL BUILDERS INC. Signature of BIDDER ERIC OTHMAN Title 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.) CORPORATION - USS CAL BUILDERS INC. ALLEN OTHMAN - PRESIDENT & TREASURER ERIC OTHMAN - SECRETARY & MANAGER P-2 of P-16 23D-8 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten 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 USS CAL BUILDERS INC. Signature of BIDDER ERIC OTHMAN Title 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.) CORPORATION - USS CAL BUILDERS INC. ALLEN OTHMAN - PRESIDENT & TREASURER ERIC OTHMAN - SECRETARY & MANAGER P-3 of P-16 2301-9 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: USS CAL BUILDERS INC. Business Address: 8051 MAIN STREET, STANTON CALIFORNIA 90680 Business E -Mail Address: bidding@usscalbuiIders.com Telephone: 714-828-4882 State Contractor's License No. and Class: 654454 -A B 10. C31 C36 License Expiration Date: SEPTEMBER 40 201 S State Dept. of Industrial Relations (DIR) Registration No.: 1000003215 State Dept. of Industrial Relations (DIR) Registration Expiration Date: JUNE 30, 2018 Signed: ERIC OTHMAN r' Title: SECRETARY P-4 of P-16 2301-10 CITY OF SANTA ANA PROPOSAL PROJECTNOS.: 16-1301,16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm USS CAL BUILDERS INC. Signature of BIDDER ERICOTHMAN Title SECRETARY (if an individual, so state) CORPORATION - USS CAL BUILDERS INC. ALLEN OTHMAN - PRESIDENT & TREASURER ERIC OTHMAN - SECRETARY & MANAGER P-5 of P-16 23D-11 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) ERIC 0TH MAN being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership fum designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ® CORPORATION That he is of SECRETARY OF USS CAL BUILDERS INC. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of.- f- - one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Subscribed and swom to before me this day of r mL i. %L- ftTaw Mo(ft'Y Signature of officer Administering Oath (Notary Public) P-6 of P-16 23D-12 20 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 by Fubscribed a�ndd rn to (�ry �-I evidence to be the person(s) (Seal) JURAT �4 ied) before me on this 5T day of 20 proved 10 me on the basfsJof satin appeared before m . MERVIN C. LORICO COMM. #2149612 z i Notary Public Calliornia o Orange County A Comm. Ex Ires A r. 19, 2020 23D-13 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS KNOW ALL PRESENT that, - USS CAL BUILDERS INC , as BIDDER, and ARCH INSURANCE COMPANY , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of_ TEN PERCENT OF AMOUNT BID Dollars ($ 10% 1, which is ten percent of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 9TH day of AUGUST —120 17. BIDDER* USS CAL BUILDERS, INC. ERIC OTHMAN. SECRETARY SURETY* ARCHINSURANCEI PHILIP E. VEGA, ATTORNEY -in -FAC Subscribed and sworn to before me ,20—. Signature: Notary Public in and for the County of S. FIGUEROA ST. 27TH , State of FLOOR, LOS ANGELES, CA 90017 this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23D-14 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE ) On11 b11 before me, MERVIN C. LORICO, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Name(k) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(20 whose name(s) ishmce subscribed to the within instrument and acknowledged to me that he/q executed the same in his/fav tbcak authorized capacity(ies), and that by his/Etaofilx 1xsignature(x) on the instrument the personN), or the entity upon behalf of which the person(15) acted, executed the instrument. MERIC VI C. IOO COMM. #2149612 z s Notary Public • California o = Orange County Comm. Expires Apr. 19, 2020 My I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and corrects WITNESS my hand( and official seal. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docu mp t: Document Date: Will Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 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: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item 115907 23D-15 AIC 0000210034 THIS POWER OFATTORNEY /S NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND, This Power of Attorney limits the acts of,those named herein, and they have no authority to bind the Compan_ y ereepfln the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Lotter of Cred/4 Bank Deposit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY • -,- - Know All Persons By These Presents: That the Arch Insurance Company, a corporation organhzed and existing under the laws of the Stale of Missouri, having Its principal administrallve office In Jersey City, New Jersey (hereinafter referred to as the 'Company") does hereby appotnL Britton Chdstansen, Kevin Vega, Myma.Smkh and Philip E. Vega of Covina, Co (EACH) Its We and lawful Attomay(s)ln-Fact, to make, execule, seal, and deliver from the date of Issuance of this power for and on Its behalf as surety, and as Its act and deed: Any and all bonds undertakings, recognlzances and other surety obligations, In thapervai srfm not exceeding - - Nlnely Million Dollars (590.000.000.00). ' - - - This authority does not peril the same obligation to be split Into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, remgnaences and other surety obligations In pursuance of these presents shaft be :as bindingupon the said Company as .fully and amply'to all Intents and purposes, as If the same had been duly executed and _ acknowledged by Its regularly elected officers at Its principal administrative once In Jersey City, New Jersey. This Power of Attorney Is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15; 2011, We and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being In full force and effect _ VOTED, That the Chairman of the Board, the President, or the Executive Vlce President, or any Senior Vice President, of the Surety Business Division, or their appointees designated In writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -In -fact, and to authorize them subject to the limitations set forth in their respective powersel attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognlzances and other surely obligations obligatory In the nalure.thereof, end any such officers of the Company may appoint agents for acceptance of process.: - - This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vide President, or any Senior Vlce President, of"Ihe Surety Business Division, or their appointees designated In writing-and•OlacIwlttithe. Secretary, and the signature of the, Secretary, the seal of the Company, and certifications by the Secretary, maybe affiRled by facsknlle on any power of attorney or bond' executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company. OOMLOO13 0003 03 Page 1 of 2 Printed in U.S A. , 23D-16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Allr O 9 701% before me, KEVIN EDWARD VEGA NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PHILIP E. VEGA 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 persoh(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KEVIN EDWARD VEGA WITNESS my hand and oial seal. Notary Public - California i ,=v_' Los Angeles County i __-- z ''"' Commission # 2151113 '— Signature My Comm. Expires Apr 29, 2020 1 Ignature 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 Document Title or Type of Document: Document Date: Number of Pages: Signer(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 0 Other: Signer Is Representing: Signer's Name: . ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: "E�'Sic,i''..�e'C•r-C<`W-MMINIZIMa ._-9t 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23D-17 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %x% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name I 'q 1< License #/Exp. DIR Reg.#/Exp. Location Phone 6-5-L Type Of Work J Amount $ F Name LL.4j License #/Exp. DIR Reg. #/ExF License # G Location �j y Phone (go Type Of Work Amount $ 1 Name 5 - License #/Exp DIR Reg. #/Ex License # Location S Phone Type Of Work Amount $ A)Al T►tiG ?cin61 LOU , wo .moi V--- C2 ERIC OTHMAN, SECRETARY Signature of Bidder Name DIR Reg. #/Exp. Location a Phone Q Name c' License 9plgDIR Rel License Locatim Phone Type Of Amount Name / License o )PIR Rel License Locatior o Phone ,"Tyne Of 0 P-8 of P-16 23D-18 vN7YZo.L If Tn Ot CITY OF SANTA AIA PROPOSAL PROJECT NOS.: 16-1301, 16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %s% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ ERIC OTHMAN, SECRETARY Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-8 of P-16 23D-19 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302,16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount S Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount S Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ ERIa MAN, SECRETARY Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-16 23D-20 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %a% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License ft/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ �1 ERIC OTHMAN, SECRETARY Signature of Bidder Name License #Bxp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #Bxp. License # Location Phone Type Of Work Amount $ P-8 of P-16 23D-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ ERI OGT AN,SECRETARY Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-16 23D-22 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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. 1. CITY OF STANTON, #7800 KATELLA AVE. STANTON CA 90680 Name and Address of Owner. ALAN RIGG / (714) 890-4203 Name and Telephone Number of person familiar with project. $9,645,432.22 A&B - NEW CONST. & RENO 06/24/2016 Contract Amount Type of Work Date Completed 2. LA DEPT. OF WATER AND POWER. #111 N. HOPE ST., LOS ANGELES CA 90012 Name and Address of owner. Name and Telephone Number of person familiar with project. $21.114.233.37 B - RENO & CONVERSION 12/18/2015 Contract Amount Type of Work Date Completed 3• SCRRA TRAIN CONTROL & OPS SUPPORT FACILITY. #1 GATEWAY PLAZA, LA CA 90012 Name and Address of owner. Name and Telephone Number of person familiar with project. $10.772.940.00 A&B - DESIGN BUILD 11/11/2014 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. ZURICH AMERICAN INSURANCE / 1400 AMERICAN LN SCHAUMBURG IL 60196 THE WOODITCH CO. / 1 PARK PLAZA STE 400 IRVINE CA 92614 / 949-553-9800 ARCH INSURANCE CO. / 865 FIGUEROA ST#2700 LOS ANGELES CA 90017 / 213-283-3518 CONTRACTORS & DEVELOPERS BONDING / 534 E BADILLO ST COVINA CA 91723 / 626-859-1000 P-9 of P-16 23D-23 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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. 1. CITY OF IRVINE, #1 CIVIC CENTER PLAZA, IRVINE CA 92623 Name and Address of Owner. CAROL MINNING / (949) 724-7407 Name and Telephone Number of person familiar with project. $22,840,574.17 A&B - NEW CONSTRUCTION 09/18/2013 Contract Amount Type of Work Date Completed 2. PORT OF SAN DIEGO UNIFIED PORT DISTRICT, #1400 TIDELANDS AVE NATIONAL CITY Name and Address of owner. LINDA SCOTT / (619) 686-6249 Name and Telephone Number of person familiar with project. $18,611,920.00 A - REDEVELOPMENT 03/25/2015 Contract Amount Type of Work Date Completed 3• LOS ANGELES COMMUNITY COLLEGE DISTRICT. #915 WILSHIRE BLVD LOS ANGELES Name and Address of owner. PATRICIA TORRES / (213) 763-7397 Name and Telephone Number of person familiar with project. $41.986.000.00 B - MODERNIZATION & RENO 11/15/2012 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. ZURICH AMERICAN INSURANCE / 1400 AMERICAN LN SCHAUMBURG IL 60196 THE WOODITCH CO. / 1 PARK PLAZA STE 400 IRVINE CA 92614 / 949-553-9800 ARCH INSURANCE CO. / 865 FIGUEROA ST#2700 LOS ANGELES CA 90017 / 213-283-3518 CONTRACTORS & DEVELOPERS BONDING / 534 E BADILLO ST COVINA CA 91723 / 626-859-1000 P-10 of P-16 23D-24 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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 to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any 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 making a false certification may subject the certifier to criminal prosecution. 5—M Signed ERIC OHMANT --ARY 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 P -I1 of P-16 23D-25 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE Subscribed and sworn to by 1; Ci 0�}ti evidence to be the perso (Seal) JURAT before me on this day of fi 4u!� f . 2o -0--J I proved toime on the basis of satisfactory who appeared before MERVI N C. LORICO COMM. #2149672 z W e Notary Public - California o z Orange County Comm. Expires Apr. 19, 2020 2301-26 CITY OF SANTA ANA PROPOSAL PROJECTNOS.: 16-1301, 16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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-12 of P-16 23D-27 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302, 16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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 Cer. Signed: ERIC OTHMAN Title: SECRETARY Firm: USS CAL BUILDERS INC. Date: 8/1/2017 P-13 of P-16 23D-28 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302,16-1303, 16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same, amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: ERIC OTHMAN Title: SECRETARY Firm: USS CAL BUILDERS INC. Date: 8/1/2017 P-14 of P-16 23D-29 CITY OF SANTA ANA PROPOSAL PROJECTNOS.: 16-1301, 16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: ERIC OTHMAN� Title: SECRETARY Firm: USS CAL BUILDERS INC. Date: 8/1/2017 P-15 of P-16 23D-30 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 16-1301, 16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS 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 X If the answer is yes, explain the circumstances in the following space NOT APPLICABLE P-16 of P-16 2301-31 15. Manufacturer's name and model numbers for P.A.R. C.S. Equipment Manufacturer: SKIDATA AG Model: Barrier.Gate 1-4, Cutsheet attached, Green Arrow not included. Model: Power.Gate 1-8, Cutsheet attached Model: EasyCash 5-9, Cutsheet attached Including light 16. Manufacturer's name and model number for secure wireless solution Manufacturer: Ruckus Model: ZoneFlex P300 Part Number: 901-P300-US01 They are enterprise access points and have WPA2 AES encryption. Sentry generally set them up so they can only link and talk to each other. Attached is the cut sheet. 17. Sample facility acceptance test document -Sample Attached. Chris McKenty h EVP, Sales and Marketing West Coast .' 818.269.5620 23D-32 Barrier.Gate A system for all purposes and applications! No barriers for you and your needs — but a distinct boundary for your parking facility! Quick Movements, Longer Arms Entirely New Features , • Arm lengths up to 4.5 meters (14.76 k) with optional • Display of various dynamic symbols via the (optional) magnetic lock to prevent misuse. integrated LED dlspaly. • Configurable opening times: up to 15% quicker than • Surveillance using a built-in video camera that is +" other systems. protected against vandalism. _ • Straight and folding arms available. • Unique: Illuminated folding arm using RIGS LEDs for - safety and visibility. - Intelligent System Without A Column High -Quality, Energy -Optimized • The inexpensive solution for your parking facility: You _ Components - only need the barrier gate, no column. - • High-quality design that is unique In its field, • Integrated RFID readers solve the task of parking • Special focus on the use of energy-saving .-. facility monitoring. components. • Small amount of components for easy maintenance. • Operation in a wide range of temperatures. possible - - without any extra heating or vendiation.. SKIDATA vvvvvv.akldateusa,.com", 23D-33 K U o.E s.g'f d R 0 e P 369(1 .53') 362 (isix.) E 3 n 5 2 g b a � mm.L5001TT.1T 281 (11.06') 251 Features Options • Top Housing made from high -impact resistant plastic; Barrier Arms lower housing manufactured from anodized aluminum • Standard: Color: Traffic Yellow RAL 1023/translucent, • [Direct drive gear motor with variable frequency drive non -illuminated for lengths up to 4.5 m (1476 ft) - - • Self-locking drive (stops motion incase of power failure) • Multi -color version: Color: white/hanslucent,With internal , • Barrier breakage detector „ RGB LEDs for optional illumination of barrier arm in red • Variable opening times, configurable in accordance with yellow and green to indicate closed, opening, and open r barrier arm length _ states, respectively; lengths up to 4.5 m (14.76 ft)'' • Barrier arms made from GRP . Jointed barrier arm: Overhead clearance. 2 07 m (6.8 ft) or • Barrier arm lengths up to 4.5 m (14.76 ft) 2.25 m (7.38 it); Lengths 2.5 m (8.2, ft) or. 2.9 m (9.5ft). • Barrier arms are easy to mount Funcdonat Modules- • Versions for left-hand and right-hand traffic Up to two double loop detectors forwebicte detecfioo-and passage direction Standard Version •. Bi-directional red warning light to Indicate moving barrier • Parking barrier with mounting plate, main body - - a� -`-� ' Beeper for a.. Bible inckoation of bamer' motion manufactured from aluminum, drive motor and collar for Crash guard, -made from stainless steal- barrier arm installation • Electronic control assembly with data connection to Interface for ;Uuminafidn options and optlonal loop detectors , � PowecGate, Lite.gate or Colurnn.Gate parking column • Intedace for up to 16'additionai • Yellow accent stripe . 4Vebkey system lock,available .. .. Lock available for incluslcn in locking systems - • Key for housing access . White accentstripe:,, Backlight for, accent stripe Te tin cel Sp_es-_,-c7... io Ci':❑r1s Dimensions 382 mm x 1149 mm x 369 mm / 15.04'x 45.24'x 14.53'(w x h x d) ,. Weight g - 48 kg (105.82 lb's - - - _ ).(without barrier arm) Operating voltage 100-240 V X10% / 50-60 Hz 1500 W max. Accent Stopes - Calor With heater; 120 V t10°l 150-60 Hz / 1000 W max. Temperature range Standard: _ -20: C to r50 *.C,(-4 T to +122'°F) System Requirements Cold Kr (hearer): -40 °C to +50'C.(-40 `F to +122 °F) - - Declaratlons / Certifications ' : Hot Kit: ;. -20 `C to +55`b (-4 `F to +131-°F)" . Lower Housing - Color Light Gray RAL 7035 (Anodized Aluminum) _ Top Housing - Color ''D'usty Cray RAL 7037 (Plastic) Base Section - Color Traffic Gray RAL 7043 (Die -Cast Aluminum) Accent Stopes - Calor Traffic Yellow RAL 1023 - Degree of protection IP44, System Requirements SKIOATA Online Stack SA reap. Parking.Logic V 05.00.04 .. Declaratlons / Certifications FCC, IC, cNRTLus _ ., %, !).STt,. IM, Om Ps W1%Ws 5. ilriltlft"ft ru oases fii lri6&133�fisw�0l IeTSI2A3 e0H1.lUfmk.4"a'FSkI[L-2cwnl'h'f�m'1+��13uc1.«un've9on lA.iJ.112mi � - Marketing Terminal with Ticketing • Unrestricted Marketing Possibilities Finance your own equipment. • Professional Image A backlit, bright, and high-resolution display draws attention to logos, images and promo videos most effectively. Increasing Efficiency through Quality • Optimized Service Planning Scalable capacities and intelligent systems reduce your service costs. • Advanced Technology Contactless RFID and barcode technology guarantee the highest level of reliability and low follow-up costs. www.skidataLise.com: Power.Gate The universal multi -talent among parking columns offers comprehensive possibilities for the ticketing sector with the most modern and diverse ticket technology. Expand your business models; become part of urban solutions. Power.Gate will support you at its best! Your Business Card • High-quality design High-class materials and salient features blend elegantly Into all types of architecture. • Professional Image Bi-directional video communication guarantees optimal customer support. • Leave a Lasting Impression The user interface has been optimized by experts in terms of its look and sound to ensure positive user experiences. Optimize Your Investment • Fitting for Every Budget A customized solution for every application. • Protect Your Investment Long-term prospects and upgradeability through Flexible installation and extension options. • Individual Profitability and Growth Stepwise investment in expansion and replacements is made possible thanks to SKIDATA's mix -and -match parking columns. Save Money and Protect the Environment • Minimize Your Power Usage Context -dependent power saving modes and no heating at temperatures above -20 °C (-4 °F) provide a high level of energy efficiency. • Recyclable Materials Conserve valuable resources through a significant use of renewable sources. SKID 23D-35 K U 0 E L 6 K I GROUP Features Design/Construction • Unique design based on aluminum and high-grade synthetics, complemented by optional, stylish light elements • Modular, easy to maintain construction • Flexible extension options ensure maximum investment protection • Weather-proof, thanks to lbe use of high-grade durable materials. such as aluminum • Ethernet interface for efficient system integration • Large installation space for add-on modules (e.g.. PIN pad, credit card reader, etc.) Operation • Intuitive user interaction helps to ensure very high processing rates Green Efficiency • Optimised for low power consumption; without Coder no heating is required down to -20'C (-4 °F) r Materials pro•nde a high degme of reusabilfty Options Design/Construction • LED light bar serves as a stylish. illuminated eye-catcher • Housing available in custom coiDrs Ticket Processing • Coder Unlimited ensures flexible ticket processing Coder Basic enables crosswise barcode Eckel processing and punch -hole validation • RAID module to read and encode RFID tickets (13 MHz) Double ticket intake (up to 2x7000 rickets, depending on Vcket material and coder type) with automatic data carrier management • Intake which is compatible with RFID tickets (Option) I4n.L4.4fl................ • Large ticket collecting box (holds approx. 3000 tickets) • Pnm®Home scanner YAM special optical array for paper tickets and Smartphones; supports various formats • Receipt printer accommodates for the entire credit card solution • Barcodo ticket slot for'classic' ticketing Communication • Analog intercom • Integrated digital intercom (Ethernet or 2 -Wim) • Bidirectional (i. e., duplex) v[dao communication (solution includes camera hardware) Display • Bright high-resolution graphics display ensures good readability under any tight conditions; supports clear, vivid display of commercials and videos (with automatic brightness adjustment);: 800 x 480 pixels • A touch screen that is suitable for outdoor use to provide additional parking columnfunctionally ' (can be operated wh'IIe wearing protective gloves) - • Sophisticated display modes support various applications and design options • Illuminated control elements • Visual and acoustic feedback provides additional user support Accessories • Locking system with mechanical or electroniclocks, supports configurable access permissions. Various contact and interface extensions to suit a wide range of requirements • Heating and cooling for extreme ambient temperatures • Into field at the front - • AFILS Acoustic wpport for clear intelligibility • Advertising piano[ .. . • Lade signal • Base for truck lanes 40, 60; 80_100. 120 cm Dimensions 354 mm. 1345 mm x 456 mm/ 13,94'a 52,95'. 17,95'(W. It . d) without any additional aprons Weight approx. 30 kg Operating voltage 100-240 V .10 % r 50-60 Hz Power consumption, Min. 18 W Max. 270 W (fully equipped with heating) - - Coding unds Coder Unlimited or Coder Basic Operating lemperaturs with Coder 0'C (32 °F) to r 50'C 1122 °F) in shade; +40 °C (104 T),,hen exposed to sunilght Operating temperature without Coder -20'C (-4'F) to . 50'C it 22.9 In shade; . 40 -C (104 -F) when exposed to sua ght Operating temperature with additional coating up to + 50 `G (122 IF) when exposed to sunlight Operating temperature with an additional heater down to -30 -C (-22 °F) Operating temperature with an additional large down toy -40'0 (-40 "F) heater Max. humidity 90 %(non-condere:ng) Standard calors Base: Brushed, anodized alluninum; Cover: Dusty gray RAL 7637, synthetic; ParW: ' Dark gray RAL 7021. synthetic Declarations/ Codifications CE, PCC, IQ flNRTL,_ Degree of protection based on IEC 60529 IP43 System requirements ParMng,LoDc V07 or nigher SIQUArq lrc.-CnIirart�NWay.e ti,5. H&W.4,- Mena14 tli blas) 2Q 0000 • 1111906124:1.oG'b. . YeRion 1.8. G5.07.2e17, 02al1 SKl0ATAAG. N r19hN 2v^.ned. its. tamenl Fmtiw hMxn h nut r,, In cramp, and Fo:sd)n (ural umh. CnwlrysryvYc versmv m;q tN WDALAI i, a ngrvn, W radr in of SKIDAKA AG in Re USA, Ilfl f P' I'RCfI MG.Cttt+J UA 11MH. 1fImJ 'rind RVxrr4M1S OI IrP:llllilr:lVl•1 SKIDAIA r1R113%II.',f FF1 }h„ CVCrAbr 6 M1/ rgPartiiQC IA' MM:�rtd1 w11F1 rYn) .r%} I P O�srinl Anryaem lu raw cpc: ,Cllrya pettluC.Iv 23D-3� Your image builder • Look & Feel Modern design highlights your business competence. • Corporate Identity On request, Easy.Cash is also available in your corporate colors. More security • Intelligent key management Cperator.Service'Webkey' brings full transparency to , your key management. • Refined technology Internationally proven technologies - such as the Flexible self -refilling cash processing unit - ensures EL__ asy•Cash Make paying on foot even easier for your patrons. The standard model of the SKIDATA range of pay -on -foot machines combines a modern design with versatile functionality and proven technology. Take advantage of ultimate reliability and availability. Easy.Cash — Your Benefits • Modern look & feel Easy to operate, with a stylish design for maximum business exposure. _ • Proven functionality Reliable technology for profit -yielding business _ models. • Protected Investment Maximizing benefits at minimum risk. Utilizing potential • Modern ticketing Take advantage of Print@Home, RFID, magstripe and _ barcode technologies. • Planned growth - Easy -to -install extension options support new business models and numerous co-operation options. Convenience for you and your patrons • Easy, intuitive user interaction , Excellent ergonomic usability - even for wheelchair users - helps to promote throughput. • Easy to maintain Easy.Cash is low in maintenance and related costs. ultimate system reliability and avallabllity. www.skidate.com23D_37 _), K U -,e E L 8 K i QIn O U P N. P .. 692 27.244 346 (13.622') Or Ny N V7 692 7.244' 34fi `a (13.622') 692(27.244' 346 (13:622') 674 26.535' Features Options Design/Structure Design/Structure., • Compact, modem design. • Illumination attachment (integrated 'Parking' s • Basic unit powder coated steel enclosure, and controls and symbols, space for custom logo) design elements made from polycarbonate • Pedestal (optionally with`or without front door, • VdS-cerfified enclosure construction • Pedestal 'elevated'{optionally with or without • Built-in alarm system, intercom. station (analog), call button, three • Wall mountcohsdle soft keys Locking system with mechanical or eldctrorio • Buffer memory (ensures proper transaction management in case configurable permissions) of a power failure, up to 10 min,) Cash management system • Beater, cooling fan, and power supply - : Banknote validator to SC83 for up 48 bl! deri) 'direct .. Expansion bays foradd-oncomponents, such as pin, pad, credit -ons, complete wiih'biff stacker i& for`c card terminal, and fiscal printer -- &II to -Bill behknote,recrycler handisa Up'to',2; tssuing of up to 3000 receipts In 4 direotipns SlackeLbbx for up to't b00 bat _ • Control unit, complete with hard disk - - - refilling ctwhge-giving druins for apple% 1+101 Operation "" 6Rracoin;container(2;zapprox•1000.cofns: • 14.5. cm (5.71 TFr color display,break-proof monitor scream Incl IcckaUle front panel.° - • .Ergonomically arranged user interaction controls :. ; - : " - Coder/ticket-technology?• • User guidance with color display and Illuminated pictograms.. . Cotler Unlimited (supported data camerformi • Users can switch on-screen language at any time '- - modules Selected) • Extremely easy to operate by staff '• Coder Baelc (for cross }vise barcode and va Ii .Cash handling system. ... "-..Y �; punch) ,�'" , �}" • .Electronic coin validator, accepts up to 16 different coins RFID Module (ion rearing end in r( (including 2 programmable. token) Rnb MotlUle 13 MHz (for e g keyCardS 7 con • 4 Compact coin containers (each approx 250 coins)' : Pr nt®Homa • Self-locking coin box, mode from hig"rade'stainiess steel - • :Compact coin containers_ co me with lockable covers(: • _ - - . , ...; .... ,_ _ Dimensions without pedestal 700 mm x 1045 mm x 455 mm / 27.56' x 41.14' x 17.91" (w x h x d) Height with_ pedestal'elevated' ,1769mm/69.65'",' Power supply 230VAC/50 1-12; 1.20 V AG 60 Hz Pmuse consumption - , �. mai. 6COw(v6tl1, he8ter on _ Temperature range -25.0 to i50 °C (-13 4F to+ 122 °FT ambient temperature; dudng operation unit not directly exposed to sunlight - Color of enclosure and;: RAL 9007(grey aluminum)," - Illumination attachment Color of plastic RAL 7043 (traffic gray ©) - .. front -panel elements -' ,- Cola roffroritpanei,l ;'_ ".•, `RAL9o07(gmyakim(nuin},,RAL"7021'(btack9m1l.:7.:s .. ., _... .- :_ Color of pedestal PAL 7021 back -gray) ;. Ti6ketsl6t _ `s,:Pantone 114 U (yellow} Supported data carrier formats SKIDATA tickets for thermal print labelling, with/Without magetic stripe, SKIDATA ThennoPlast and with ISO standard magnetic stripes, ISO 7816 compliant smart cards, Contacticss 15014443, ISO _ 15693 compnani cards - Options for pay terrminals: smart cards, EC cards, credit cards The functionality of integrated data canters is provided sub;ect to the individual system configuration. Declamtlons 7 Celt ficellars•', CE, FCC IC;:AltTi.(any 120 V� ptionrydS, UW. pro'` - , Degree of protection IP43 6 installed In protected location as described in the instructions for Installation based on IEC 60529 neoe& .a .,ma - iQ ,43 c2+aseaa •19 «taal46 agB-i.•14 n 2014 WIAM AM M rkmti mtvriN... I'm �.a 6 9,I,hkl'1IO GF • trAd•adxk 61s TA AG 1•, IIm Usk thn F, vmrvtekkkHav:.p • Porsop59 • IL122014'" " TA e WwW 'ATA the n'hulnr. BENEFITS WIRE-LIKE THROUGHPUT OVER:THE AIR Based on the 802.11acstandard. the ZoneFlex P300 supports. RF; capacity up to 867Mbps. With Ruckus', purpose-builtdirediori l antenna, the ZoneFlex P300 supports throughputs up to 500 Mbps and,offers performance up iii 100 Mbps at 8 km (L 6S):' ;' When used with,optional external antenna EASY INSTALLATION AND PAIRING ZoneFlex P300 enables installers to deploy wireless bridges effortlessly. Lightweight and designed with simple and Flexible mounting options. SIMPLE POSITIONING AND AIMING' Precision aiming and optimized perfomwnce with 30 -degree beamwidth antenna and sophisticated LED -based aiming . software. ZoneFlex P360 proactively finds and. selects the best performing channel automatically using f uckus patented ChannelFly channel selection algorithms, _ SECURE AND SCALABLE The wireless bridge link is AES secure and can scale to support multiple networks segmented by VLANs. 1OX SCALABILITY WITH WIRELESS. MULTI -NODE BRIDGING Each root bridge capable of supporting up to 10 receiving bridges. - UNMATCHED ROI The wireless link offers much higher data throughput fates than Tl/E1 or xDSL .lines ' at only a fraction ofthe fixed line - installation cost and without the recurring leased line cost. The ZoneFlex P300 is also an ideal option for backhauling small cell cellular netwoks' - ENVIRONMENTALLY -FRIENDLY DESIGN The internal dual polarized antenna not only does'away the need for installing an extemal antenna, further simplifying the installation procedure, but also offers an aesthetically pleasing . look and feel. - 802.11AC 5GHZ OUTDOOR WIRELESS BRIDGE The Ruckus ZoneFlex P300 is an outdoor point-to-point and point-to-multpoint bridge that unleashes the promise of SGHz 802.1lac, delivering unparalleled throughput. Backhaul throughput of over 5001vibps opens opportunities to new business models, bridging remote locations and providing broadband services to locations not reachable before, in an affordable way. Designed for harsh outdoor conditions, the Ruckus ZoneFlex P300 is perfect for service providers looking to easily extend branded broadband services, backhaul small cell networks. offload data traffic from small cell networks. deploy multimedia hotspots. or offer wireless broadband services where fixed line access is limited. The ZoneFlex P300 is also ideal for hotels, schools, warehouses and other enterprises looking to extend managed wireless LANs (WLANs) across remote buildings and where Ethernet cabling is not possible. Auto -pairing of wireless bridges. in addition to flexible mounting options. forgiving antenna pattern, and an easy-to-use aiming software, allows installers to deploy and optimize a wireless link in a short time, significantly Increasing productivity and reducing deployment costs. BUILDING TO BUILDING BRIDGING ZoneFlex P300 provides an ideal solution for linking two LANs in different buildings. oaca nw Panuo Pari i BACKUP LINK FOR DISASTER RECOVERY ZoneFlex P300 serves as a back up link for enterprise disaster recovery iw�+.+o-aoa-rm9cw« I mc�om' �wwxv i a m P,n ��„ tfJlllj L ..mivo:easmanu+rewwaz FEATURES • 802.11ac Point to Point or Point to Multi Point Bridge • SGHz operation • 20MHz,40MHz,and/or 80MHzchannelization • 14dBi internal directional antenna • 2 external N -Type antenna connectors • 802.3af Power over Ethernet • Ruggedized for outdoor conditions: -40'C to 65'C operating temperature, IP67 rated • Maximum link distance 12 km (using internal antenna) • Dedicated radar avoidance pre scan (DFS) • PD -MRC for reliable bridge connections • Simple installation with mounting brackets included • Automatic pairing and easy aiming between bridges • Optional accessories available to enhance range & performance 6GM�MmtY SCWcuIIM.pbl kY P,,Q Y.eATW ngwor4C4ee1 GMn ]� I p,:oP� , BACKUP LINK FOR DISASTER RECOVERY ZoneFlex P300 serves as a back up link for enterprise disaster recovery iw�+.+o-aoa-rm9cw« I mc�om' �wwxv i a m P,n ��„ tfJlllj L ..mivo:easmanu+rewwaz FEATURES • 802.11ac Point to Point or Point to Multi Point Bridge • SGHz operation • 20MHz,40MHz,and/or 80MHzchannelization • 14dBi internal directional antenna • 2 external N -Type antenna connectors • 802.3af Power over Ethernet • Ruggedized for outdoor conditions: -40'C to 65'C operating temperature, IP67 rated • Maximum link distance 12 km (using internal antenna) • Dedicated radar avoidance pre scan (DFS) • PD -MRC for reliable bridge connections • Simple installation with mounting brackets included • Automatic pairing and easy aiming between bridges • Optional accessories available to enhance range & performance VIDEO SURVEILLANCE (15 cm) ZoneFlex P300 offers reliable wireless streaming of surveillance video back to a central post ; (8.6 cm)' (18 cm) `y JL' l POINTTO MULTI POINT ZoneFlex P300 enables point to multi point backhaul bridging for up to 10 receiving bridges ((c >>)� 1 i A • B4am�Vl �® Cf1313m CI Si fG Point to muld point yin backhaul i i ,t i - Power • 8023af14ower over Ethernet Physical Size • 18 cm IL), 15 cm IN. e 6 cm(Hl • 7'(L).59'(M.34'(H) Weight • SS lbs (2 Suit) with . dJ Icadket MAXIMUM LINK DISTANCE"' • 211 les tilts) without act bracket Ethernet Ports • 1 port auto MDX. auto -sensing 10/100/1000 Mbps, RJ45 Radio chains P.mwir Elhamef (8028a6 Antenna - • 14 d& Internal directional arnem+a it • 30 degree 3dB baamwidth RIF power output • Two emamal N -Typo antenna 22 dam connectors Lock Options ° Pad -Eye forlocking devices Environmental • IP-67rated Conditions • Opacku'.lrtemperaLm • ­ri0'C to 65'C (40T to 149T) Power Draw • Ouiescen16.SW US-Europe.Argentina. Ausiraia. Brazil, Canada. Chile. China, ° TYpica175W • Peak IIW Throughputs and an, mayvary depending upon regulatory resbkiigns apeating band. channel width and interference anWon autt ' When used with 24 c Ri external antemas "'When used with internal dvadionel antenna I: MAXIMUM EIRP' • Upto36dgm PHYSICALANTENNA GAIN" Uptoled91 MINIMUM RX SENSITIVITY • Upto,96dBm Configuration ° Web User tote?ace (HTfP/51 • CU (Telnbt/SSHI.SNMPV1.23 SmartZone P300 802.1lac SGHz Outdoor Wireless Bridge TARGET UDPTHROUGHPUT' ° Up to 500Mbps • Up W 2SOMbps at 26 kran.6 mi - • Up to 10OMbps at 8 km/S me" MAXIMUM LINK DISTANCE"' ° 2kilom.1,,z POINT -TO -MULTIPOINT • 30 degreesofcorame,f in thee.a root Radio chains bridge with internal antenna to many racelving 2.2 bridges it • 120 degrees of coverage when used win RIF power output opfiotwl external anlema Throughputs and an, mayvary depending upon regulatory resbkiigns apeating band. channel width and interference anWon autt ' When used with 24 c Ri external antemas "'When used with internal dvadionel antenna I: MAXIMUM EIRP' • Upto36dgm PHYSICALANTENNA GAIN" Uptoled91 MINIMUM RX SENSITIVITY • Upto,96dBm Configuration ° Web User tote?ace (HTfP/51 • CU (Telnbt/SSHI.SNMPV1.23 ' Maximum powervades by country "For current cedificatlon status please see pa, list PRODUCT ORDERING INFORMATION SmartZone P300 802.1lac SGHz Outdoor Wireless Bridge Standard SGHz internal antenna, optional antenna support one ethernet - • SGHz opealion Modulation ° OFDM Radio chains • 2.2 Spatial streams it 2 RIF power output • 22 dam Chann.1hution • 20MH4 40MHz. and/or 8OMHz Frequency band • 1EEE 602llac SJS-$W5C'HE Wireless security • WPA2AES 911-2401-DP01 • US-Europe.Argentina. Ausiraia. Brazil, Canada. Chile. China, dat V gain/23.SdBi H gain and 7-9 degrees 3dBm Colombia, Costa Rica, Hong Kong, India. Indonesia, Israel: Japan Certifications" 5 GHz directional antenna. dual -polarized 12.5dBi Korea. Wleysla.Mev2o.kno. Philippines. Ruesla. Saudi Arabia gain and 120 degrees 3dBm beamwidtht 902-0162-XXYY Singapore, South Ahice, and Taiwan • WEEE/PoHS compliance ' Maximum powervades by country "For current cedificatlon status please see pa, list PRODUCT ORDERING INFORMATION T including one dual plane aolustao!e wall/pole mounting kit and two tm RF cables with N -Type connectors. PLEASE NOTE: When ordering, you musk specify the destination region by Indicating -U5. -WW For access points, -Z2 applies to the following countries: Algeria, Egypt. Israel, Morocco, Tunisia. and Vietnam SmartZone P300 802.1lac SGHz Outdoor Wireless Bridge P300, Pre -Provisioned Pae, outdoor 8021tac 2X22 bridge, SGHz internal antenna, optional antenna support one ethernet 901-P300-XX02 port PoE input includes mounting brackets and one year warranty. Does Prot include PoE in,:ector. poveradaptem optional eAermi anteannas or 000ml external RF cables P300, single unit, outdoor 802.1lac 2X2:2 bridge. 5GHz internal antenna. optional antenna support, one 901-P300-XXOI ethernet port, POE input, includes mounting brackets and one year warranty. Does not include PoE injector. power adapters, optional external anteannas or optional external RF cables Optional 911-2101-DPOS 5 GHz high gain directional antenna, dual -polarized 21 dBi gain and 10 degrees 3dBm bearnwidthi 911-2401-DP01 High gain directional antenna, dual -polarized 245 dat V gain/23.SdBi H gain and 7-9 degrees 3dBm beamwidtht 911-1212-DPOI 5 GHz directional antenna. dual -polarized 12.5dBi gain and 120 degrees 3dBm beamwidtht 902-0162-XXYY Spare, PoE Adapter, 10/100/10008aseT,with country specific power adapter 902-0182.0003 Spare, Outdoor Mounting Bracket, Bare Metal. Any -Angle T including one dual plane aolustao!e wall/pole mounting kit and two tm RF cables with N -Type connectors. PLEASE NOTE: When ordering, you musk specify the destination region by Indicating -U5. -WW For access points, -Z2 applies to the following countries: Algeria, Egypt. Israel, Morocco, Tunisia. and Vietnam SENTRY CONTROLS / SKIDATA PARKING ACCESS & REVENUE CONTROL EQUIPMENT FACTORY ACCEPTANCE TESTING PLAN 23D-43 Table of Contents FATObjective................................................................................................................... 3 Description of the FAT Test Environment......................................................................... 3 FAT Test General Procedures........................................................................................... 4 FATTest Scripts................................................................................................................ 6 EntryLane Test...................................................................................................................7 POFTest.............................................................................................................................13 Automated Exit Lane Test...... Cashier Terminal (MPS) Test......... FAT Transaction Log .............................. .......................................................................16 .........................................................Appendix 23D-44 FACTORY ACCEPTANCE TESTING FAT Objective The objective of the Factory Acceptance Test (FAT) is to demonstrate the function and operation of the Parking Access and Revenue Control System (PARCS) for XXXXXXXXXXXXXXXXXXXXXXXXXXX as defined in the specifications and the Contract documents for the PARCS project. Description of the FAT Test Environment FAT will take place in the XXXXXXXXXX Lot. One entry lane and one exit lane of SKIDATA equipment will been installed at the Economy 4 Lot to demonstrate all major system functionalities. The FAT Entry Lane will consist of the following PARCS components: • Entry Column including o Coder o Barcode Reader o Payment Express EMV Credit Card Reader (with NFC reader) o HID Reader o Intercom • Barrier Gate • LPR Camera The FAT Exit Lane will consist of the following PARCS components: • Cashier Terminal (Manual Pay Station or MPS) including o Cashier PC o Coder o Monitor o Keyboard o Dual Cash Drawers o Payment Express Credit Card Reader o Barcode scanner • Exit Column including o Coder o Barcode Reader o Payment Express EMV Credit Card Reader (with NFC reader) o HID Reader o Intercom • Barrier Gate • LPR Camera One Cash/Credit POF (Easy.Cash POF) will be temporarily installed at XXXXXXXXXX to demonstrate the POF functionalities. Page 3 23D-45 FACTORY ACCEPTANCE TESTING PLAN Items needed for testing include: • Keys for each equipment type • Laptop with Somgar access for viewing the Control Center • License Plates • Valid Credit Cards of Each Type (MC, AMEX, VISA) • NFC Payment Type • Invalid Credit Card • Expired Credit Card • Proximity Cards • AVI Tags • ADVAM OR Codes for each scenario • Validations of each type (Chaser, eVal, OR code) • Cash for POF Transactions FAT Test General Procedures Testing will begin with a physical examination of the components to ensure they are without damage and in working order. Sentry representatives and XXXXXrepresentatives will complete the test scripts as the test progresses with the lane ID and other pertinent information. Any deviations or items of note will be recorded in the comments field. All deviations will be documented, corrected, and re -tested if necessary. Each transaction will be recorded in the FAT Transaction Log to aid in reconciliation during the reporting portion of the FAT. The test procedures identify the user functionality to be tested as listed in the functional specifications. An indication of "Pass", "Fail", or "Deviation" will be recorded in each step of the respective test script. If a function performs as designed but the test script is incorrect, both parties agree to modify the script as long as the specified function works as required. Minor deviations are not to be considered grounds for failure of the FAT. Major deviations found during the FAT will result in the retest of the respective equipment, software, or subsystem before the FAT is considered successfully complete. Minor deviations are defined as any deviation that does not affect system functionality, fee calculation accuracy, transaction count accuracy, exception count accuracy, transaction processing, credit card processing, or calculations. Major deviations are any failures that do affect system functionality, fee calculation accuracy, transaction count accuracy, exception count accuracy, transaction processing, credit card processing, or calculations. Page 4 23D-46 FACTORY ACCEPTANCE TESTING PLAN After completion of the equipment testing in the lanes, run the reports listed below and reconcile to the FAT transactions. Demonstrate that the reports are viewable, printable, and exportable. Refer to the Reporting Manual VB R25 for report descriptions and directions for accessing the reports. • Cashier MPS o Shift Report o Revenue Report o Net Revenue Report o Sales Report o Payment Method Report o Validation Report o System Totals Report • Automated Exit Lane o Revenue Report o Net Revenue Report o Sales Report o Payment Method Report o Validation Report o System Totals Report • Facility as a Whole o Revenue Report o Net Revenue Report o Sales Report o Payment Method Report o Validation Report o System Totals Report o Car Park Balance Sheet o Parking Duration Report o Theoretical Revenue o Fee Group Analysis o Statistics—Occupancy Statistics o Parking Movements— ExternalCards Page 5 23D-47 PARCS— FACTORY ACCEPTANCE TESTING PLAN FAT Test Scripts Page 6 23D-48 ' 66110dessa Av SKIDATA•Entry Lane Test Scnp(. Yen Nuys, CA. 91406 •�' ` ntry Lane -FAT PARCS Location: Test Date: Parking Facility: Device Name: ' ;`-� •��'�^ .'� ine�nisTistIn �Resuits, i Vis.IMenomonie Entrance Cutumn - ,'; .- ' Paso Fall Oovl.to, Comments " a) Check that mounting of entry housing is secure and level ❑ ❑ ❑ ' b) Crack dispenser housing for damage ❑ ❑ ❑ c) Check front door and tap cover far smooth opening, Gaging. S locli ❑ ❑ ❑ d) Ticket camp basket on back of coder _._...._.._ _... .._................._. _ _. _ ❑ ❑ ❑ e) Check seting and weather stripping, cable managemerd grounding, and ❑ ❑ ❑ mmmodons Check for pmper ticket Out alignment ❑ ❑ ❑ t g) Functional customer display v ❑ ❑ ❑ h) Cusiem graphics loaded t1fapplicable) ❑ ❑ ❑ Installation of the knowing: C Push button f eficket dispensing ] 2D Barcode Reader ] Vote liver. ] Pm Cath Reader ❑ ❑ ❑ I Credit Card Terminal n ki Reader D Ed AA Reader Qnstalled adjacent to banner gate) O UPR Camara n UPS Unit Mechanical operation of exterior buttons 6 scrimp ❑ ❑ ❑ 2� _ Vbual Inspection :-Bamler Gato Pus Fa0. Deviation ,.. .. ;: Cdivman Inapact axbdorand Inledor of Bartter Gam forthe following: • Housing damage a) Bernie arm ❑ ❑ ❑ • Sealing and weather stripping L: • Cable management. grounding. and connections Chockforcometre untlegofthefollowing: • Banner arm tension ° • Sumer an knuckle joint Cif equipped) 11 11 . Consul box • Loop detector module w~i • Non-romflabla gate counter Davis. Start Up, Paas Fab .-Deviation.=. • '[Coleman•". a) Paver up entry and chock for proper boot up ❑ ❑ ❑ b) Customer display bshow correct Won &graphics ❑ ❑ ❑ e) Check Net network connection is aveliabie ❑ ❑ ❑ ♦ IMaaoal Switchng' Keep, Open, Koep Closed, ". '. — '.. :a t. Pae. Fell De4iditoh :m _ .(-Cmusues_. Open the EMranu Column Actuate the manual open I close switch as /cllovrs: Position It ` a) • Set switch in down position: Keep Closed ❑ ❑ ❑ Position 2: • Set switch In up position: Keep Open Position 0: • Set switch in neutral position: Normal Operation Page 7 23D-49 `P Entry Lane - FAT PARCS Location: Test Date: Parking Facility: — Device Name: 5 Rdoata Device Control Commands'and'Alamis - Pass Fail _Deviation "" Comments _ a) Candle] Center. Keep Open (ON) ❑ ❑ ❑ b) Contras Centers Auto Open ❑ ❑ ❑ c) Control Center: De.Aclivdle (ON of Service) ❑ ❑ ❑ • .. d) .__ ....... e) Control Center. Manual Open _ _ ,___ _ _... _.. . Remove fanfold slack ham coding unit rear fanfaltl intake (OUT) ❑ ❑ ❑ ❑ ❑ ❑ fl Remove fanfold stock from Eckel shortage sensor switch(LOW) ❑ ❑❑ TO 1" g) Bard.,&wkAlarm ❑ El 8 Interawin _ " _ Pass , Fag Deviation - Commurta -� a) Push button and confirm two way conversation is clear and audible ❑ ❑ ❑ T Are.. wif He V.htdlo oa Loaf. i __. _ _ Pass Fail :0ovint1m, +: C.Mo elm a) 00 NOT activate arming loop Press gckat request buMn la receive dekat and ticket Issue not allowed ❑ ❑ ❑ bj 00 NOT activate arming loop Present a Preshouty Card and access Is not allowed ❑ ❑ ❑ -�� ONLINE TRANSACTIONS'' 9 9ten'OaM Short -Trim Tckef fsauo Pus Fall D.vibuioo xCornments ; m a) Confirm that Ne appropriate teat and Images are displayed ❑ ❑ ❑ Control Center- Note the occupancy far Shor4Term Darken: b) Press ticket request labor. pull ticket, gate wdl wise ❑ ❑ ❑ c) Inspect print quadry and combat lnformabon on fankld lickel, including LPN ❑ ❑ ❑ d) Drive war closing loop, once cleared the gate wil] lower ❑ I ❑ ❑ L e) Confirm Short-term taunt increased by one ❑ ❑ ❑ Confirm mechanical counter increases by l ❑ ❑ ❑ S g) Confirm Entry device is ready for next transaction ❑ ❑ ❑ 9 0. Err" per TWeW he... p 'Pa;s Fafi Oevlatlon :, .:Comments aAWom Acdv'alepreseneo arming looAP9ss (orfkkeC /emave ticket . - t a) Press far an addktmal ticket. Ticket donnal Issue ❑ ❑ ❑ b) Activate Caoerdosing loin Wallow fin: ticket to enter ❑ ❑ ❑ 83ak-aut,Tid4ot Taken - .. .. _...- fp ,Action:Push Wrbcketand lakehbk.Lbprk offkmp .Pass FallDoNetion - 'Cammsma. (mad, lake! as'Back OW7 ^ •-e: .. I ^ e) Get. times out and.1... s ❑ ❑ ❑ b) Confirm event most System Event Uses"' ❑ ❑ ❑ _.j c) y ' i Confirm Short-term count does NOT Increase by we ❑ C1 ❑ Sauk oat—Ticket Net Taken 11 >Actiod,Puah(wialreyanddo NOTlek."L backofCbaP Pass Fag mDovtad.n -%Carreras Taket is retracted by Eoby Station ❑ ❑ b) Invalidated across barcode and vaulted to catch basket ❑ ❑ ❑ c) Confirm Tickat Not Taken' under System Events ❑ ❑ — ❑ 13 Credit Camin as pari of ccucca transaction Pass FM Dovixtlon r Comm.rRs. >Atdpnf AcWalo presence ernergloop, /g5od cord kdo CC terminal a) card is read and gate opens Control Cenler- Nate Ne occupancy far Shod -Term porkers: b) Once vehicle dears closing too, Na gate lowers 11❑ k02 23D-50 -FAT PARCS Location: Test Date: Parking Facility: Device Name: •Atbmpl,to uaa E.Mrs iCredit Card as EnhyyCredential 1a �p, Raa_a Fag tNwIalto'n ' ntnts :. A,M4ahp!pniica a>m<+- . 0 fw3rsod , aAgimp, c6ceEeapbdd"4� - "carr a) Error message displayshr aap'vad card ❑ ❑ El _ b) Get, does NOT open ❑. ❑ ❑ c) Cod. rejection details in the Control Center ❑ ❑ ❑ t AB;.Pitopss tr aww c,wit Cartl as Entry Creaantlal 14, Pais Fail DMatlon` �,GGINnerra >ACEbnjAtgvofa pnsbnce amhg fwp, mseH lmrafid card Error message displays for Invalid credit card ❑ ❑ ❑ �- b) Gate does NOT open ❑ ❑ ❑ Confirm .jecgw details N the Control Center ❑ ❑ ❑ 15 CwetValid Prodmlty, Cab `. aA`dbn`Acfivista presence ammglaop; Nokl cant et,fmntdreada " Pass Falt •, , k Dwta ..,. '. . 'Comments ` mitycardianfied and gate opens a) Probve ❑ ❑ 13 Control Center- Note me occupancy for Contrast parkas: ,. b) Once vehide dean dosing Imp the gate I,wen ❑ ❑ ❑ c) Contract wuntiwrmaed by ons ❑ ❑ ❑ //Centum LW olAlmdy PlsasMFrobmhyOW i -.. ISS Pass Fall .�, Done diog, <m �'-.' QOmntanU A -a 3Ac6an.` Aclsoilo Pmsm6l, lgloop.Had almadyp+esent• card b coal of., „.. a) Enor message dsplaya'AI.ad, Phsenf ❑ ❑ ❑ ;".. b) Gate does NOT open ❑ ❑ ❑ c) Confnn rejection details In the Control Center ❑ ❑ ❑ 17 ' Explrad.ler".1ty Caryl: Pas? �FsD - Oarlatfw Cpmmerti .` >ACOue.`ACGVale pmsen2e amunp loop, hioMead 4r their&.ader Error manage displays 'Expired' ❑ ❑ ❑ b) GandossNOTepm ❑ ❑ ❑ c) Canfvm reaction details in Ne Control Center ❑ ❑ ❑ elac4ed Proximiy Cam its ;. >AcgoniAdmfiprosenie arroin9 hop,HnldierdN M1onlof.Mer Pan Fell DONation `Qpmmorde e) Ermrre.gedisphye'elmked' ❑ ❑ ❑ b) Galedcep NOTopen ❑ ❑ ❑ c) Confirm rejection dehiis in the Control Center ❑ ❑ ❑ AOVAN qR Cotla Tad•Vagd Raaarvagon,, 9 Pang Fall Daviatlon Commam >Aclbn AUNehpressxoammgloop-presets 6ereodehdcenner a) Column acWales, 2D barcode reedergaahas, and whcc mn aepts the barcode ❑ ❑ ❑ Control Center- Nota the occupancy for Reserved paha.: z'`ri, b) Once vehicle dears closing Imp the gate Iowan ❑ ❑ ❑ :F c) Confirm Reserved Parkerdounl increased by one ❑ ❑ ❑ AOVAM 20 pry Cotla Ted :'Vegtl Ra»rvaiton but aadyanivat �F Pus Fal! OoNalbp �'CammsNa• >Acuvt AcWefe presence enosp lwP.Pna4n[damodobbeenna i v c. . ?e.+j: e) Column adlvales, 2D barcode reader gashes, and wlumn readaNe barcode 13 El b) Entry fs denied ❑ ❑ ❑ C) Confirm rejection derails in the Control Center ❑ ❑ ❑ Page 9 23D-51 FAT =` k s PARCS Location: Test Date: Parking Facility: Device Name: ' AOYgb10KCod.T.st-Imaltd Ro.orvadle. � 1 •.Commama Pan Fail Dov{ot on >Aomn;AoGVatepreabnea amenglopp, piw.m bertodefsrad� �. a) Column activates, M barcode reader gash". and column rejects the barcode ❑ ❑ ❑ b) Appropriate error massage is displayed ❑ ❑ ❑ c) Gate does not open ❑ ❑ ❑ e) Confine rejection details in the central Center ❑ ❑ ❑ Use ofVa(tdAIA To >Act6n!AdHaF.Pms.nco om.'np(oop,predontAVl(e8 broader - Pana Fall Oindattem, - - commarda --... ._ .. _ •. a) Column actuates, reader activates, and column accepts the AW tag Cl ❑ ❑ Control Canter -Note the occupancy far Contract partners: b) Once vehicle dears closing loop Ne gate tourers ❑ ❑ ❑ J e) Confirm Contract parker count [increased by one ❑ ❑ ❑ Un of Atnady PmaxrtAVl Tag 2B =x ' •Paas Fag = 06fil a, >Acimn: AC64amPme annh4logP;Pw.taa(AVl)ag - R _ r ^: a) Error mnniage d&Flaye Wmady Preaenr ❑ ❑ ❑ `5, b) Gatedoai NOTopen ❑ ❑ ❑ d +p c) Confirm ,.)action datell.In the Cmdrol Center ❑ ❑ ❑ �. s c a .EaplroE AVl Tay ''1,, '- :.�. Paas Fag OaMnfku Commands >Actpa•AcrMtepmsonro'annn9loop, P!eseotAV(tag broader '. . ` R T� .• , _ _ _ _ O- '' eI Ener message display.-Espimd' ❑ ❑ b) Gate does NOT open ❑ ❑ ❑ c) ConMn mlectiion details in the Control Center ❑ ❑ ❑ Bbakfd AVl Tay 25 aAcvsn:AcWatopmenceamen leap, pnesoplAVlf.gfdread., 'Pas. Fag pavlaba' Comrmma .❑ ,. -.. e) Error message displays 'Blocked' ❑ ❑ t Gatedoee NOTopen ❑ ❑ ❑ .b) e) Confirm refection details in the Control Center ❑ ❑ ❑ Page 10 23D-52 Entry Lane-FRT ,w? PARCS Location: Test Data: Parking Facility: Device Name: Fddioolot'. Valid Contract Pager Entry-v. Llcsnas Plata Pass Fad Deviation � 'comments > Aps'u. Acdvata LPR M99stfoop, then CCmpina armiry loop a) System verifies valid license plate, column Indicates appmved passage, gate raises ❑ ❑ ❑ b) Drive over closing bop, orree cleared the gate WO laxer ❑ ❑ ❑ c) Entrycobmnrasete far the neat ireneacgon ❑ ❑ ❑ FdceonlN6=lnvogtl CaMmctPvkm Entry ADimptvldLksnse Plate Pass Fag Devlatlan Comments` gr >Adf7^AubvefofPRfrigBarfooP. Nen edjurvls annh9 bbp 's.�,' _� system verifies Invalid Hosea plate, gate remains dosed. column displays message ❑ ❑ ❑ a) Ile take a gcket or present access card ShortMrm'Tckot when Faeggy fa full' ":: ; '' "24"ats Pass 'Fall Doan acemmem 'rAc6rvi: td FU[i,'AWrampmsence emirybbP, Press Gvkefregeesf budon Columneaeen'lalbweccees ❑ ❑ ❑ b) Appropriate message is displayed ❑ ❑ ❑ ADVAM OR cone wren WW is falljfor)reinlents) >Adlpru Sat Ccanhlo FULk ALUAiu pmadnw ermhB P: Ptesa fztral ropfasl}uMm ,' PM Fpg .OsdniiaR _ ;'Cofrom , rA AdfNetolueserrceemrhg!coP�AresoMbomode mseamrer a) Column ecflvates, PD barcode reader flashes, and column accepts the barcode ❑ ❑ ❑ b) t Once veNcla clean dosing bop the gate tewem ❑ ❑ ❑ proximity Caw whoa fadggy Is sig b >Actlgriu setrounhtoF'111L,AdNaleprosGnce ermGgWOP, Ho'decrnss eardothontot Pols Fall sDavlatton reader.° e) Cemmndoesntaltmaccess ❑ ❑ ❑ b) Appropdate..&age is displayed ❑ ❑ ❑ „ AVMO when WIRY is full t'*= ', p .., . 9 . P !>re >Aplon;Se(eauntsmFtILL,AcWate rosonro roman key;. serdAVl fag to reader' , �Paaa Fag QovloIf .:Comments- .. ;. e) Cohann doesnlamw access ❑ ❑ ❑ b) Appropriate message is displayed ❑ ❑ ❑ Page 11 23D-53 =` Entry', ane':- FAT - _ .. PARCS Location: Test Date: Parking Facility: Device Name: ` `•EMERGENCY•'MODETRANSACTIDN$ Disconnect network connech0n !torn EnlryColurnn - veA(y (ana,st0lu$ to Control Ceirler v _- 3f 'The blowing indr.actim, typos DO ROTVfarkld Em many Mods . VvMod v" Coromar�ti= 'i''. }. a) Credit Card as an entry credential ❑ b) Frictionless LPR oJeense Plata as a amented) ❑ C) Reservation OR Code ❑ U.of'AVITag N pJnargancy Mods - 33 `I AsbakEmun calsis 6 A Emergency Alsde, ocdvale sonft1oop, sndpmsOntivi AVl, 'pasa Fag DgvIgpo Comments tag to 0irmader - - arm raises to alloy passage ❑ ❑ ❑- - riate massage is displayed L,,y ❑ ❑ ❑ ver closing loop, once cleared the gats vd0 lower ❑ ❑ ❑ ,mhanicalmunteri.creasesbyl ❑ ❑ ❑ use cfprealMlty Card in P,nemenry Moda " M >,ArL'ori: Ensure co/umm a ilEnmrgemy Alude, A1s,amt3ybopendpoa P�oaOrury„ Pass Fag ',DwlaUon ,Comments, Card a) Barder arm raises In allow passage ❑ ❑ ❑ -I b) Appropriate message is Gsplayed ❑ ❑ ❑ c) Ddve over closing bop, once cleared the gate wig lower ❑ ❑ ❑ Swrt.Tann TlcMat psltg In eavgomy Mods; 35 agction: Enema cdrmwbn&rmigwlcy Md3e, ective(e emdgg loop, endpmsstida)` P. FaB gMatlen 'Comment rogdasfbudon CodingUMencadeagcketbrlssWng (last 6,1191. atarl'I-)Coding unit dispenses goket for removalDisplay- jd) request W remove ticket from slot. ...._._._Apprapdale massage is displayedBaMerarm raises to allow passage ❑ ❑ ❑ Bander arm closes aflerclosing loop Is cleared ❑ ❑ ❑ Once communication is tendered, verify transaction inlvmalm t ogislem N g) SKIDATA ❑ ❑ ❑ ,*r.�"+2XS��;k;¢ustomorRdprvsentativd$I�rtAWtb 3 v;:.'-si,:�'t'7 YA^s^..,,.a,�3S-�n=�r'in�caont .SKIDATAGrquPRvproablYS#tivp'Slgn6ture':a'a,r 'R,4.ta� b"�,y';e 7:' a3;.krt:. Cvstonige R!pmsvMadyo;Ran(q,� „xs>m�hts".i'1 9z'i1?tt .¢t $irgs„.o 2sk'U ',SMATA Grove Rvpm#a!datlYSRgma,+'iggt ,dfy ya Page 12 12 23D-54 Page 13 23D-55 Milo que SKIDATA Casht.Cr`edit POF Test $&jpt' t Van Rbys; ca,8i`doe gsI4KlCredN,P0F Test FAT PARCS Location: Test Date: Parking Faelity: Device Name: Functtd' nai�TedUn Results:: "�� p`rn`` y , : . 1 `Yhual l aQedlan Pass "IFW , 11"aUam` Ohnvimenla _ _ Inaped NsbOatbn of POF for Ne blbwNg: ' PM1ladon damage ❑ ❑ ❑ ' b) Severed Imtaboon of POP, based shouted and boded ❑ ❑ ❑ Mountog of pedpherab such se: 13114"it. nam bankrom eanlanim, ecroen, and ❑ 01 ° keyboard d) cable mewgement grounding. and cenmdiom ere tight end severe ❑ ❑ ❑ Netagatlon and free of defect, ❑ ❑ ❑ Ticket slot Properly signed ❑ ❑ 1 ❑ ) .. 20 sorted. Read,' Ns4ged and scanning ❑ ❑ 1 ❑ ONL ik"fRANSACTLONS Veiityshatosntn roualn Stoo lCaeh Tremaello g �+ 'on Paas DsvlNen Yrs0oiramnt, 2 r Act(tml Ins'en SPTtnA+. ft POFva . ..Fal e - a) POF mlwlabs cortectmt, dm ❑ ❑. ❑'. Proper fee 1..hosa oa fee display b) POP ec.phibiis On emess ofamountdue)vaUKmb Issue ❑ ❑ ❑ '' Carmel change due is shown an fee tlbplay El 11 11Change e) b produced d) Ticket is relumed, Payment details are w riften onto ticket ❑ ❑ ❑ Receipt b printed chary ❑ ❑ ❑ fl Transaction Is completed and retarded In system ❑ ❑ ❑ Ct g) Repeal bansadlon for Met change tremedbn ❑ ❑ ❑ caneNlandnetcash Transacges, " �OomvgMa s >Acfc'tiihben 5P7Htotlw pOFabf � ';$ � t Paaa� Fill 0av}atYoN 1' "� POF ralwlatea cerraUrole due ❑ ❑ ❑ a) Proper fee b shown on fes dtsphy b) POF accept, bills (bas than the amount due) ❑ ❑ ❑ c) Press the cancel huilon sad We bib are rebound. along with the unpaid gcket ❑ ❑ ❑ pro"gaing 9fandard CrodttGN Tianeacl_ion,: Kms or a •«pass`. _. - F! F -•,Y.; edue POP ealwlales correct rate ❑ ❑ ❑ a) Proper fee is shown on fee tlbplay Insert a Valid Credo Crecard Nie credit cab reader ❑ ❑ ❑ - b) card is charged -_— c) Tkket Is renamed. Payment details are written onto tiotet ❑ ❑ ❑ d) Receipt Is pdreaA deady ❑ ❑ ❑ e) Tranaadbn b eempbte0 and reeoMed N system ❑ ❑ ❑ Proce}'alnfa lnvilid CKdit Gab Tmmacdoq y `r x^k », f.Y �" "'t 5 t �chakfnacd SPrid. dao POP slot tr, a pea . Fall 0evlslloq Comments >'fn'ell avNiCtiertamrtprtoa.d7 C.N re�nbhM x r POP calculates wrtecbate due. El ❑ ❑ a) Properfee b shpwn on fee display a..Invade expired wild card Into wdilcad ..our ❑ ❑ ❑ b) EraM1 esiplaye Eror wssag. b displayed Is Cancel transaction. gecal Is turn ❑ ❑ Page 13 23D-55 fi C8g*,!0ifadltPOF Test FAT; Location:. Test Date: jPARCS Parking Faclity: Device Name: Prorvssina StandardTFanaacponvel a Vall4saen Tlckrt• 8 >Ac600; huaRSPTydo,ye POPalo! Pass fail Daviallon r:ummontl ' s fasekLWy vaatatmrfeGet a) POF calculates coned feta due ❑ ❑ ❑ Prader foo Is shown on fee display b) lased a SPT Used and follow up tfkat POF takes lkkeb with no mods ❑ ❑ ❑ c) Tickot is returned. Payment det ch em arbten onto &Fat ❑ ❑ ❑ ° d) TransactIon Is completed and recorded in System _.............. . .... _ _.. _ _ ... . a) Repeat transacticn for a ticket Valldated woh eVal ❑ ❑ ❑ Repeat transaction for wlh a OR Coda vsWa[fon ❑ ❑ ❑ Gnoojlaton M Tmummego6col a Partial Voodoo" T .>Aciwre: InaMSPT4ito Ute POFdor Pass Fall Davi¢teo. Comments > ImmofPaWat wgames action a) POF wlwbtea correct note due Proper fee b shown an fee display ❑ ❑ ❑ bj lased a SPi ticket end geoid velWatbn ticket Fee la reduced by the proper.. at El ❑ 1:1 C) Cancel transaction and the round is houmed. V.W.U. totals am wmten onto ticket, listed mmatu validated 11 Cl 13and fNotcotil Clsaga Pana FaS ,Danstbn. Ce'mnsMo 1Pushtuttonmalemaam a) MVwaycanversatbn Wdear end euLibb ❑ � ❑ ❑ OFFLINETRANSACTIONS 'l Disable the mrinectlon bekeentha bAZandfhePOF- Confirmstatusin Conbut Center _ ° g lnnmasing Standard Cash Tunaecllon" =' _ °> 'Fell >'Actbn; InseR SPTAro pn POFNd ,i ° Paas DOsuramn� °•pogdnonp .fA r,' a) POF calculates correct fele due •:4 Proper fee Is shown an fee display ❑ ❑ ❑ b) POF accepts torn Ile access Remount due)wkh no Issue ❑ ❑ ❑ d Coned change due Is shown on too display Change Is pe lucod ❑ ❑ ❑ d) Tkkat Is reamed. Payment dehla are wrston amo Ocket ❑ Cl ❑ el Receipt la pMted daady - ❑ ❑ ❑ e- R Transaction Is completed and uploaded to the system colon Mearsoleaed 4 astored ❑ ❑ ❑ tg PweasaIng Standard Credit Card Treinactinn .; n > Aabr%/ns�R Paso .Fail Davlation " Co sl Fres to POFab1 " mants -- - a) POF calculates wired rate due Proper fee W shown on fee display ❑ ❑ ❑ tr b1 Insert a vald credo card Nm stood card harder -- CaNischarged ❑ ❑ ❑ c) T clod is ashamed. Paymank details are when onto ticket ❑ ❑ ❑ dl RewlPt is pdnlM deny ❑ ❑ ❑ j?.=;. a) Tmnsaatfon b complate l and uploaded b Na system when communleaften b restored ❑ ❑ ❑ Pr`uccis,Ivg Esplled'CnNt Laid Trenaadina � - ;.r` _ 17 >Aclb'2r{naeRSpiNfo (I)o POFslol q pass ,Fell Dayfagon' �', 'Cominpa6 e >In'serraJyvedoedlceidrtdo aed4 coil tvmi}r`ai " s POF cxkulams correct rete due a Prow, fee Is shown on roe ofassay ❑ ❑ ❑ P° b) Insert an efeirel aedt card lata credit eartl nader r Eicr measago esdotplayed ❑ ❑ ❑ t e) Cancel transaction. tike[ is retuned ❑ ❑ ❑ Page 14 23D-56 Page 15 23D-57 PARCS Location: Test Data: Parking Faclity: Device Name: Prpcasi1�49hntlanl Tnnadionv`.•K �alfdallen Tiektl 12 ` rinieR'lWFYaa/aUon [$AoC ". ,Pas, Fail '. " 3 ' oiVIA00J ,Oomm!nte •. y a) POF cekvlatas caned ale duo Properfea Ia shown on tee display ❑ ❑ ❑ E InsaAesKtU.taMfollowupikket POP takes Udect no emrs _ ❑ ❑ ❑ c) ____.. tl) Tcket 15 reNmad. Payment Aetab are vn@en onto 4ckel __...._.___.——___.._— Tansazuon la mmpWtad and re m od in system .............. ,.........._ ❑ ❑ ❑ ❑ ❑ ._---------- ❑ ....... „�,4y}>y�„Cuslomai Wpmanlatlw,slgnafun �•,, •.,.t �.....,'.'w,�c....�.'N�r9epiry CUOG?I SYsleme Raprs;antall�o,SlSPotup„r,��;,,,, ra..esr F`+,`_z''�"$�lnn`C4LtpmillTaPrea �elitlYdlfiC7P,..t�.�.�s..�„ r}, ''k:, .'Rt r4,'Sen Co�VW;Syatxna Re iaYe la Nama t,w.-.'�i ifit�,£S, Page 15 23D-57 sell. OdesSa Ave SKIDATA tilt � . Lane Test Scilpt vanxNye, Ca sags '' (80D24666fi2 �< h' -Autarrfatei3 Exit Lane Test„ FAT S PARCS Location: Test Date: Parking Facility: Device Name: "" ''`°'-'FunotianalTe§tin Results•, _._ ^�,.-, 'Visual I Inspection• Exit Column _ Pass, Fail "Doviation _ "`Contain a) Cheek that mounting of exit housing Is secure and level ❑ ❑ ❑ b) Check housing for damage ❑ ❑ ❑ c) Check from door and top cover for smooth opening, dosing,&locking ❑ ❑ ❑ d) Ticket eaten bin ❑ ❑ 11 .s e) Check searing aM weather stripping, cable management grounding, and connectors ❑ ❑ ❑ 1) Functional customer display ❑ ❑ ❑ g) Check for proper tcketdat aagnrnent ❑ ❑ ❑ h) Custom graphics leaded Of applicable) El❑ ❑ Installation of the fulonving: _ •_' U Push button far race'ryt ❑ 2D Barcode Reader n Vote Imeroam i) (I PraxCad Reader n Credit Cad Terminal ❑ ❑ ❑ O NFC Reader (1 E4 AM Reader Qnstalled adjacent to barrier gate) - U UPR Camera (I UPS Unit _ J) Medhadcal operation of extedor buttons B saRkays ❑ ❑ ❑ Vla6al Inspection •BatrlenGato- JPan3 Fa1i Oodlal(on,Canmanta 's-' Inspect axteder and Interior of Semler Gate for the following: _ • Housing damage a) •Border arm ❑ ❑ ❑ • Sealing and weather shipping • Cable management, grounding, and connections Check for correct mounting of the following: -_ < • Boderarm tension b) • Ramer am knuckle joint Of equipped) • Control box ❑. ❑ ❑ • Loop detector module i" I.4 MNw'Stsj} UP'Pass Fall [)aviation . ' l4Sortlnivnb Power up axil andched for proper boot up ❑ ❑ [1 b) Customer display to show coneal text & graphics ❑ ❑ Cl e) Checkthat network connection is ovallable ❑ ❑ ❑ Mereal Swltd6ln& oPApen. KCeP tlased. Pa." Fall, SCsidmontt- _= his•. Open the Exit Column Actuate the manual open I close switch as follows: Position 1: a) • Set switch in down position: Keep Closed Position 2: ❑ Cl ❑ • Set swtich In up position: Keep Open Positron 0: f, =t • Set switch in neutral position: Normal Operation Page 16 23D-58 teJ'Ewt Lane Test FAT ? '•`4� E. PARCS Location: Test Date: Parking Facility: Device Name: 5 '-Remote DivmCodtrl Commands and a°Comments ft o a) Cinmol Center.. Keep Open (ON) ❑ ❑ ❑ -. b) Control Center. Auto Open ❑ ❑ ❑ e) Control Cotter. Oe-Aetivata(Out of Service) ❑ ❑ ❑ d) Control Center. Marwal Open ❑ ❑ ❑ e) Remove fonfu'd stock from coding unit rear fardod Intake (Ot ❑ ❑ ❑ Q Remove Fodeld stock from ticket shortage semorswilch (LOW) ❑ ❑ ❑ 9) Banter Break Alarm ❑ I ❑ ❑ 6 Imettom, ,, -: ,• ...Pass_ FallCwwmmft a)Phnh buhon on and confirm two way comnenat i9 deo and audible ❑ ❑ ❑ .larommTransecDoa-No Vehicle on 1-wP-:: „'. _ _, +t 0' .2aas„ pall _DwiaVom 3--Camments EYA column does set accept ticket AM, ProX or OR Coda ❑ ❑ ❑ a) Barrier ann does not raise to alkwr passage i TRANSACTIONS' a RMLJW Aw` dbYwCiiti4fi4Paid -ea Pa-sShaoFal Data - >AecjYldr%ARCTGVlebmedf vdo2eela etYerel[nfilgfoop . - Bs r, Column activates and readhes for ticket acceptance ❑ I ❑ Display Ind cales message Control Comer- NOW the occupancy for Short -Tenn parkins: b) Wert Pod ti&owdthin the Exit Gram Period. ❑ ❑ ❑ Column accepts ticket and calculates no cote due e) Bartter ann mism to ague passage. ❑ ❑ ❑ d) One veMdo dears the axil loop Me gate lowers ❑ ❑ ❑ e) Column voids ticket. and retracts ❑ ❑ ❑ - D Confirm Shod -term mutt thermoses by one ❑ ❑ ❑ . shod-gtm'Tiekot Paid thst has ExRvdod )� Balt Grace PPr[o� „ - Pass°. Fall DOVIAWn - Coimdents 9 > w >"Adfmn. AptiYdh!o#t bY.d^''in9 vehkfa ovelunn7+r9 CoP ..'� - . .-) . Column activates and males for ticket acceptance ❑ 13 ❑ a) Display Indicates message Insert paid ticket that has exceeded the Exit Grace Period. ❑ 11❑ b) Column accepts ticket and calculates additional rate c) Cancel transaction and retrieve ticket❑ ❑ ❑ F.rdt vlllh Vnpaid TleNut�lllKln Grecs s Pa.FWI 'D¢WatlPn nr CmnmerHa 1D,'shOrtionnTlmat >AcUm. A[Waffaoxithill ky vehctaovdiarm(pg Column activates and readies for ticket acceptance ❑ ❑ ❑ Display Indicates message a; _ Insert unpaid ticket within me Fait Gram Petted.11 13 D) Column accepts Oticet and calculates no rate due c) Bender arm raises to ague passage ❑ ❑ ❑ d) Once wNde clears the exit loop the gate lowers ❑ ❑ ❑ e) Column voids ticket, and retracts ❑ ❑ ❑ Page 17 23D-59 At td[tiated Exit Lana Test- FAT=. _ `' " PARCS Location: Test Date: Parking Facility: Device Named it Short4n A Tlckat: Pay by Credit Lard . ":"". 'Pass '. Fail Deylatloti*Comments iyv'pto oxd by rrdvs9 ve/tide evcroimlrig loop _ - e) Column activates and readies for ticket acceptance ❑� ON — Display Indicates message ❑ b) Insert unpaid ticket We the ticket accepter Column accepts ticket and calculates parking fee ❑ ❑ ❑ e) Wert a valid credit card into the credit card terminal. Credit card is charged the Parking In and returned to customer d) Receipt is Issued. once receipt is removed gate opens El El ❑ e) VeMy correct receipt printing and proper teal r S ' t' A Once vehicle clears dosing loop the gate lowers 0 v Repeat transactions wing each various credit card types: C Mastercard g) L AMEX El L Ysa Short4orrn t4 '1 ` ' " • '' . i,�, dFMrinvalid Cr`Wlt Grtl .� _ . 'Pass.; Fotl Dgvledoa l `'Comments-'' 'Ac4wi:.AcbvataovC eyddubg vehkteawrarming loop a _ a) Column activates and readies for ticket acceptance Display Indicates message (] b) Invert unpaid ticket into the ticket accepter ❑ 11 11Column accepts ticket and calculates parking fee °) Insert an Invalid credit card Into the credit card terminal. Credit card is not accepted i and appropriate message Is displayed 11 Cl 11 d) Confirm rejection details in the Control Center Shok;snn;Tls"u FJFGad Credit Card _,. 13 . .. >Acf1o'laAe}NBW axdbydnb'v)g vaNefs pyerefigmglaoF• Peso : Fag Devlagan ,=Comments ' . ..mss. ., -+.. *.. a) Column edivates and madles for ticket acceptance Display Indicates messageEl a _{_ b) Invert unpaid ticket into the ticket accepter Column accepts ticket and calculates parking fee C) Insert an expired credit card into the credit card terminal. Credit cam Is not accepted and appropriate message is displayed El d) (:erlflnll rejection tletaSs in Ne Control Comer El C Page 18 23D-60 Autom�Eed Exit Lane Test FAT,`, ,ti s PARCS Location: Test Date: Parking Facility: Device Name: ,'ShortTerm Tletut Acceptance with Full Vatldation (cha er eckeq r Fall Ooviadoh ^i'.,Commanta 14.t>Aithir. Ac4yatooxd bydrNYig vMida ovarenungluop FPass... Column activates and noodles for ticket occeptance 11 El Cl a) Display Indicates message Imert an unpaid hcket into the ticket accepter ❑ ❑ ❑ E) Column accepts ticket and "Wales and displaysthe parking fee Wert full validation chaser ticket into the ticket accepter ❑ ❑ ❑ f�- ° Column accepts the validation and validates Vw parking W. F.-tit ' dl Gate opens ❑ ❑ ❑ ,t t ' u. e) Oxo vehicle e closing bop the gale lowers ❑ ❑ ❑ Short Tarte llciwt Accaptanp with Partial validation (chaserdckal)' Fees fill pMaeon t`;'CommonM 14 *. ;,, „. F> AG.Ne AUMate dM by dMYrp Vin"ovefa�rmn9tooP ,F .., s Column ac%mtes and react" for ticket acceptance ❑ ❑ ❑ a Display indicates message )_c t.S Iniad an unpaid ticket into Ma ticket accepter ❑ ❑ ❑ r b ) Column accepts ticket and calculates and displays Me parking fee ' Inserts parda0valklatian dasertkkellrrto the ticket accepter Column accepts the validation. validates the appropriate amounts and displays the ❑ ❑ ❑ remaining parking fee. Insert a valid credit card Imo Me exact card terminal. Cmdh card Is charged the - ❑ ❑ ❑ cY d) parking fee and returned to customer s` e) Receipt is Issued, once receipt is removed gate opens ❑ 1❑ ❑ `... Okra vehicle dears riming two the gala lowers ❑ ❑ ❑ SMH-Tiim Tlckit Accoptanrn with Full Valldaflen(oVd Udkot) Pafis Fall Deviation '"'a;Camments 18 AeI1cP; AetNnfa sn't hydrlvIng vekito nrorarmtng bop '' .'",- "� 'r. `... Column activates and readies for ticket accepters ❑ ❑ ❑ <; a) Display indicates message t Insert an hdlg validated ticket into Me ticket accepter ❑ ❑ ❑ h Column accepts fidket and calculates parking fee. No rate wtd display 3: s, c) Geo opens ❑ ❑ ❑ d) Once vehicle clears closing loop the gate Imam ❑ ❑ ❑ tT zt ShoR Term Ticket Acuptanv withPerfial,Wittilbn(Wai it ket) Pass FnII Ooviafibn � `i Comment s M '� rAetfsFeieRm(ewc1bydiivuq .. veh"lo over.drrol (aaP ,.. ,: i o ) Column activates and readies forticket acceptance ❑ ❑ 1-1 Display indicates message Insert an partial validated ticket Into the ticket accepter 11 11 b) Column accepts ticket and calculates pairing fee. Rao fee shows Imert a valid aedd card into the credit card terminal. Credit card is charged Me 11 11 11 o) parking f" anti rammed to customer tl) Receipt is Issued, once receipt is removed gate opens ❑ ❑ ❑ a) Once vehicle clears closing bop W gate ]ewers ❑ ❑ ❑ Page 19 23D-61 Y AuRamatedExiCl:aneTest FAT'; R _ PARCS Location: Test Date: Parking Facility: Device Name- ShaR•T¢rm'flckEt Accaptehae calm Full Vaildatton(Oft Coda) ,' -' ';h ti to ''... < c>.,. , w -Pass ', Eall >ACCa%Acdva(ee>u't byd#(f%ig veAela ov2�artn�(dg Wop Dov!?tlon ;Cpmmenis ? a) Column activates and readies for ticket acceptance Display indicates message ❑ ❑ ❑ bj Insert an unpaid ticket Into the ticket amepler ❑ ❑ ❑ Column accepts ticket and calculates and displays the parking fee c) Scan a OR Code vdth a full vagdatlon Column ❑ ❑ ❑ accepts Me validation and validates the parking fee. d) Gets opens ❑ ❑ ❑ a) Once vehicle clears dosing bap the gate lowers ❑ ❑ ❑ 'ADVAM OR;.fSdte.witliin pnpdd raservatiptl timBTrame ` u `b ��: v'v" 19 -: , >AUMn.AgN@to exd by d^v??B vahxlawerarru/mdlarjl', ;Pus Fall Osviallon Dean mmfs a) Column activates and readies far transaction ❑ ❑ ❑ Display Indicates message Control Cerner- Note the occupancy for Reserved parkers: b) Scan a valid ADVAM OR coda that is within the prepaid reservation Eme Column accepts the OR Code ❑ ❑ ❑ J c) __._.. Gate opens .. ._.. ,.._ ❑ ❑ ❑ d) .. ........... .....___.—.__.—._._—._._._____ - Orce vehicle dears closing bop the gate lowers ❑ ❑ ❑ '—__ _..... _..... ......... .._. Confirm Reserved parker count decreases byone ❑ ❑ ❑ g0 ADVAM OR`Ccds ov�rsby' C`-.-7 77 rAUbn: Fc4vata oMby`dma`gvehrlp ov`arerjphigbop, Paaa.-Fall Wvimicn < ;commsMa a.. a) Column activates and readies for transaction Display Indicates message ❑ ❑ ❑ b) Scan a valid ADVAM OR code that is salads the prepaid reservation time Column accepts the OR Code and displays the amount due 13❑ ❑ ��.... 0) Insert a valid credit cam Into the creed card terminal. Circuit card Is charged the overstay parking fee and returned!to customer 11 11 El d) Receipt Is Issued, once receipt is removed gate opens ❑ ❑ ❑ t' ,. a) Gate opens ❑ ❑ ❑ 0 Once vehicle Gears owing loop the gate lowers ❑ ❑ ❑ ,d Credit card�putoe patj MCCECCO troosodian - st`, >Adign Aetx+ata enteydineig vehicle 0, We s'n°i'(Ing bopPass -Fail Doviatlon Commsms tt ; i ......�. .... ... __ ... .. Column salivates and readies For transaction a) Display lridicules message ❑ ❑ ❑ s) Irsed a credit card that was used to enter the parking facility Column accepts the card and processes the parking fee. 11 El ❑ c) Receipt is Issued; once receipt Is removed gate opens ❑ ❑ ❑ - - tl) Once vehicle dears closing loop Negate lowers ❑ ❑ ❑ Page 20 23D-62 'AutometedEwtLaneTest'FAT` PARCS Loeation: Test Date: Parking Facility: Device Name: Ua`eolValld Proximity Card' . " :'' 'Pass ,. "i Command =a'Adlon; Ac6vatoprasenca ertMn4looP,`Ho/d iard(g Gontofleadar Fall 0ov7a (Pn a) Proximity card is verified and gate opens ❑ ❑ ❑ Control Comer -Nate the occupancy for Contract parker: 0) Once Vehicle c1mm closing bop the gala lowers ❑ ❑ f ❑ c) Confirm Contract count decreased by one ❑ ❑ ❑ Use of Proximity Card that has alrbady`sxitoC" 27 Pala Fall Devi lion, " COMM >Acfbn: A5vata presence armig loop, Noldcerdlnpdntorreader °,`' . a, - a) Enormessagecispbys'No Entry Oala' ❑ ❑ ❑ b) Gate does NOT open ❑ ❑ ❑ C) Confirm rejection details In the Control Center ❑ ❑ ❑ Expired Proximity Card f - �`' Pass. Fall Deviation •„Comilmema zAU.tin. Acilvam prosendo amiog bdP. f{a/d cardm hoot olr�der � - _ a) Ener message displays•Expiree ❑ ❑ b) Gate Goes NOT open ❑ ❑ ❑ e) Camum miecgon details in the Contml Carver ❑ ❑ ❑ aloclod Piadmlt�DarG r'°. >Actbn: atavefe pntendae'rmn9 bop .HNd crerdbhontclraader Pass Fag DiNdtlon comments ..- a)Error message Qaplays'alocked' ❑ ❑ El _' b) Geta does NOT open ❑ ❑ ❑ I c) Confirm rejection details N the Control Center ❑ ❑ ❑ Use of Valid AVI-Tag 26,Pau Fell 0awmiim, N J -commands s!"t AGflvew prozone amungbop, prosentAw tag to Mader a) Column activates, maderacilmies, and Wumn aceeptsthe AVl lag ❑ ❑ ❑ Control Center • Nota the occupancy for Contract porkers: b) Orae vehicle clean closing loop the gate lower ❑ ❑ ❑ c) Confirm Contract Parker count doaeases by ane ❑ ❑ ❑ Use of Avilag that has already salted 'Dasa, T7 ,`>Actmm: Ac(txtetdpresence,amdng froµ presentAVftay to !Darier Fag esvlgt)an” Cemmems * a) Ermr message display. -No Entry Data' Ll ❑ ❑ b) ate dou NOT on Gpe , c) Confirm rejection details in the Control Center ❑ ❑ ❑ IAsdan.'/IcGvale prtxsence emxfng bop presontAVl fag fo reedor 1'asa' Fail Doviatlan y`°, CommenW d a) Error message displays'Eapbed' ❑ ❑ ❑ ' b) Gate does NOT open ❑ ❑ ❑ c) Confirm rejection details in the Control Center ❑ 11 C1 Page 21 23D-63 ..-. "Autoinated,6.tLaneTest PARCS Location: Test Date: Parking Facility Device Name- 29 BlockedAfniig '>Adroc`:A`&W fepmseri[ amd"gtraP,pmsoatAVLmgMmader Pass Fall Deviation comments. a) Emormessage displays 'Blodnd' b) Gate does NOT open ❑ ❑ ❑ c) Confirm re)eNon details in the Commit Center ❑ ❑ ❑ .. toile decal Ticket Attempted Uie ;.' "'- `Base 3a Fall DevlGUan''. .:Commaafa >ACLvn;Acffva(o exR6YdriVmp vehk/e a✓erertnirlgloop ... a) Column activates and readies far ticket acceptance ❑ ❑ ❑ Display Indicates message b) Insert a backout or stalen ticket into the ticket accepter ❑ ❑ ❑ Column accepts tkkd, voids and vaults ticket C) Display indicates error message'Contad Cashlef ❑ ❑ ❑ d) Barrier arm does not raise b allow passage ❑ ❑ ❑ e) System Event is generated 'Misused Ticker' ❑ ❑ ❑ _ malldTiSkot typo-Omv Car Put[ -' ." � "' o - •. 3 I. t > 1olw. Achearaam til - g ddyed VehiYe avpra (p keR° Pass - Fail DevlaUdn Fommenta `., �° >rnsenatj�kot(rane dtRe(ent carParltr ;: � • � - ' ' a) Column activates and reames for ticket acceptance 11 El El Display indicates message b) Insert ticket from a ddterem Car Park into the ticket accepter accepts ticket and stuns ticket El El El - c) Display Indicates error message ❑ ❑ ❑ d) Bandar am does ret raise b allow passage ❑ ❑ ❑ gNLINE TRANBACTiONS - LPR Functionalityr p Fdetlonlefi LPR•6Mrftvm Sell with Paid Tlciut (wiWnexit grew) �, >Ac- pass Fell Owlatlen Comment... ,iWAc7Yvato LPR 6ggerk ap end tlmn Co/omn armyt4(oop ,. a) LPR system deleutsthe license plate associated with Ae paid ticket. gate raises ❑ ❑ ❑ b) Once vehicle dean the exit loop the gate lowers ❑ ❑ ❑ 31 Fdcgonlesg LPR•Short-term TlckeC Utwith Unpild Ticket,(willi gnrnl `� � 'Devi Pass_ Fadi >AcLPRatldn -Comments tiovr:"ACmWfm (dggorkepaodfhen coltwitW ngfoiP A , s• ) LPR system detects me license plate associatedwith the ticket wlW n grace, gate a reism ❑ ❑ ❑ b) Once vehido dean the axil bop the gate lowers ❑ ❑ ❑ 36 Pocgomose fPR•Short to TieluC Bait with Validated ticket (.Van >Acfbn;AcfNmlm LPl7 trlggertmpandfhan PWERutennhgroap: Qa6e Fail Dov(atlon' Comments LPR system detects the Ikenso plate associated with the validated ticket, gate b) Once vehicle dears the evil loop the gate lavers ❑ ❑ ❑ . de tlmefiamo , 35 MOM murutien Fdcaonlass LPR ADVAMOR Ca t„ P,,:. Fall Davl'atiert `. >Aanrt;yl<pYehoLPR Wnerroap Gndthen co'umn mused bop ., Camnmenta y «, a) LPR system detects the license plate associated with the reservation, gate raises ❑ ❑ ❑ t.` b) Once vehicle dears the Gait loop Me gala lowers ❑ 1 ❑ ❑ Page 22 23D-64 ?.� Au[Dtnated ),Test FATS PARCS Locadon: Test Date: Parking Facility: Device Name: Fdctlonlab LPR'Ya1ld Contrat(Parkax 36 >'Aµiorr Aclkafo 4PRf!hg^rboP _ Paas Fall Dovistlan- Comments, a) LPRsystem detectt, the license plate associated with the valid account, gate miles ❑ ❑ ❑ b) Display shows appropriate message ❑ ❑ ❑ c) Border arm doses after clearing the Losing loop ❑ ❑ ❑ Fd[Qonlo" i'invalld Centraµ Porter 37 >Acdon:Ac"ia LPR blgQa foop - a Pass Fall �Dsvfadon"'" 'Comments a ' n � `a � -' � �' >Adlkaro gilumn srmN9�V s aj LPR system detects Me license plate a°Soelated with the invalid account and gate ❑ ❑ ❑ does not mise automatically b) Evil column displays standard message at column activation ❑ ❑ ❑ WstTkkol end Ommadahfi Ticket Card Natloenao Plat 9 >Acton:FFt[vatoaxd byddiag Soh2la ovar?ining loep., � Pass Fagumlatlen 'ff'Cammen4 rDtlrmav}orkstaflori(abdfelaa Card v&LW&ePlEle Franveaeon(CCW} r t a) Workstation user futures COIF for the lane being tested ❑ ❑ ❑ It Me license plate is detected, It appears In the disks box an the warkstaton. b) Otherwise license plate can be manually entered or copied from Check Point Into the ❑ ❑ ❑ dialog boc ° Workstation user dicks '01C and g the license plate is found. the system sends the ❑ 11 - appropriate amount to the °tit station. d) It no license plate i° bund, fire message-VaNcie License Plate Number'ABC1R3' ❑ ❑ ❑ not found' wgi display an the workstedon °) Once fee Is card to the etit station, insert a valid credit cord boa Me credit card ❑ ❑ 13rd terminal. Credit card Me parking fee and returned to customer b ch Q Receipt is Issued. once receipt b removed gate opens ❑ ❑ ❑ k �= g) Geta opens ❑ ❑ Cl 3' h) Once vehicle clears closing bop the gate lawem ❑ ❑ ❑ Swuppad` ,Icke1. Rejection and Override of Donted Exit. 3a , .Pass Fall Davintlon Commerm; >Aefbmitpa'vafe ezd bydrivsig vohkfa over'ann>'rtg'kwp � ,. .,, '. .. ,.• • K' " °) Column activates and readies for ticket acceptance ❑ ❑ ❑ Oisplayindicates message r b) Insert unpaid ticket with different LPN used at entry ❑ ❑ ❑ Column accepts ticket and a rejection ratification Is sent b Plate Tech 'Override' is selected and the parking fee is charged based on the rate assigned to ❑ ❑ ❑ c) the tcket and fee is displayed on the ala station. n _ e) Imert a valid credn card Into Me credit card terminal. Credit card is charged the 1:1 11 parking fee and returned to customer - d) Recaipt is Issued, once receipt is removed gate opens ❑ ❑ ❑ ir- e) Once vehicle dears dosing loop the gate Imvem ❑ ❑ ❑ Page 23 23D-65 ;AutoruaedEx(tLaneTest-F�7' PARCS Location: Test Date: Parking Facility: Device Nama: M6wapped7kkat-ReJamlon and Daniod EdC--" `." >Aedon: Acli'Yafo axd DYdm�Ug valxrfo ovortierpin9 p Pala Fall DCWwon ":Comments a) Column activates and readies for ticket acceptance Duplay Indicates message ❑ ❑ ❑ b) lesert unpaid ticket with different LPN used at entry } z Column accepts ticket and a mlectian noliftcatbn is sent to Plate Tech ❑ ❑ ❑ C) 'Reiser is selected on Me wadutaton and the ticket is returned. Transaction would need to be Processed Waugh CDLP. ❑ ❑ El IDFFUNETRANSACTIDNS s illabfe the connecGori6etwoen the DAZ and the Process PC that controls tis® exll ta4e-Cotilrm ilefus in Gonbol Center Shehdami ncksm 61t with Tldet(within sill III d -Feld Ampil!gcWate osg 6y doming mhkfa on Pan FW 'Deviation , ;.comments >ava��gNdp ' a) Column activates and readies for ticket acceptance Display Indicates message ❑ ❑ ❑ b) Insert paid ticketwlWn the 6g Grana Period. Column accepts ticket and calculates no rate due ❑ ❑ ❑ �:.....' c) Barder arm raises W alm passage ❑ Cl ❑ d) Once vehicle clears the exit bop the gate lowers ❑ ❑ ❑ e) Column voids ticket. and retraces ❑ ❑ ❑ Shorttemi'Ttekot 611 with Unpaid Tlolut'Wfthdn Oreo 2 ' >Aman: AdfFiate erl6Ydiivri '9 vaANle avarajid/ogboP„ Pis' Fail Deviiin" �C.mmanh A ' .. a) Column activates needle for ticket acceptance tr Displaylndicabs manage ❑ ❑ ❑ `r 4 b) Imart. unpaid ticketwithm the Fist Grace Period. Column accepts ticket and calculates no rate duo El El 13 c) Border arm raises W alm passage ........... _ _ .. ___.... _----- ___ ❑ ❑ ❑ tl) Once vehicle clears the exit loop the gate lowers .. _— ❑ _............._ __._ __.__—._..... ... ....._ ❑ ._.._ ..._......_._ ❑ a) Column voids ticket and relmma ❑ ❑ ❑ Short-term Tlcket Pay 6; Credit Card U rAcfiamAeavefe Okd by i4lg vefwle ovet`a$idng loop .Pass Fall Dovlaggn Commands ax a) Column activates and madies for ticket acceptance Display indicates message ❑ ❑ ❑ +.r. +. Wert unpold ticket Imo Na ticket accepter Column accepts ticket and calmdats parking fee 11 El 11b) ° ) Insert a valid credit cam into the credit card terminal. Credit card is charged. the s. Parking fee and raWmad W customer 13 El 11 d) Receipt is issued. ones receipt is removed gate opens ❑ ❑ ❑ i� e) Venhy comet receipt printing and proper text ❑ ❑ ❑ Q Once vehicle do.. closing loop the gate lowers ❑ ❑ ❑ Page 24 23D-66 Automated Exit Lane Test FAT *PARCS Location: Test Date: Parking Facility: Device Name: SAonlam')idu4 Eipind CredltCard ' = xvohkr- ' a" •Paas- Fall DovleGon .Comments 'dyLg ct -Acumr: l5mte ad, e over 07iingMap :t Column activates and readles for ticket acceptance ❑ ❑ ❑ a) Display indicates message sh - b) ]med unpaid ticket into the ticket accepter ❑ ❑ ❑ Column accepts Ikkot and caleufates parking tee ' Insert an expired credit card Into the credit card terminal. Crede card Is not accepted ❑ ❑ ❑ e) and appropriate message is displayed ' "9hrt•Tdm,iioket Acceptance with Full Vatldntlun(chasar ticket) o jg - Pasa;'� Faif DmIatlon tCwomwb > >khon..'AabVateealt by dri✓bg vefv'cfo over pp'erngioop c_ �_ • 5 :. ," ,• _ ` s Calumndicates for ticket acceptance 11❑ ❑ a) acreadies Display Indicates message y. b) Imen an unpaid ticket Into the ticket accepter ❑ ❑ ❑ Column accepts Uckal and calculates and displays the parking fee C) Insert full validation chaser ticket We the ticket accepter 13Calumn ❑ ❑ j' fg accepts the vaation and validates the parking fee. d) Gate opens ❑ ❑ ❑ a) Once vehicle dears dosing loop the gate lowers ❑ ❑ ❑ y 3hw6Teiwi DckitAxepWpw(th Panfal Yatitlatlon (chewy tickN) t "" r ' 46 `'�$g `Pass Fail Peylgf]on _ �CammBma e r Aeffon_Abdvalaantb Y.dmin8 rehire over amfig reap : , ... a) Column activatee and reatliea for ticket acceptance 11 11 IJ Display indicates message 4 b) Wed an unpaid ticket free the Uckel accepter ❑ ❑ ❑ Column accepts ticket and calculates and displays the parking fee ]men a paftiali validation chaser ticket into the ticket accepter c) Column accepts the vsOdation, validates the appropriate amount, and displays the ❑ ❑ ❑ remaining parking tee. Wan a valid credit card into the node card terminal. Credit cam is charged the 11 13 El °) parking fee chat reWmed to customer d) Receipt is Issued, once recelpl u removed gate mem ❑ ❑ ❑ a e) Once vehicle Gears closing loop the gate lowers ❑ ❑ ❑ Uw of Pzox mlty,Card . �. ' t : ""t, k" "Paas IT Fall DoNatlon , Commmis > ACW ruAaIh;afepresence.amdng loop, Mode cord!, fiontofmader _ �c " a) Proximity, card is warmed and gate opera 13 ❑ �x_:1. b) Once vehicle dears dosing loop the gate lowers ❑ ❑ ❑ Y " *NOTE: No passbook dice&s nor checks for blacked tarda will be performed In dq.�lt oHlin, mode Uu of an AVl Teg " � 5' Pass Fall Dovlaflon, t ;. edmmxrnta , -Ac ton AdAmto or;. 6Rfdrg loop pT!cOfAVltag foni' of ti.' ��-., .'_.,�. ... a) Column activates. reader actNates, and column accepts the AM tag ❑ ❑ ❑ ' t " b) Once vehicle dears dosing loop the gate lowers ❑ ❑ ❑ *NOTE: No passbook checks not checks for blacked tags will be performed in offline s mode Page 25 23D-67 `" '.Automated Eich Loge Test FAT: , PA RCS Location: Test Date: Parking Facility: Device Name: EMERGENCY MODE TRANSACTIONS Disable 07e'c6in ecG9n between the Process PC and the exit lane • Ccn#" status in Cointrol.Center 3hort4lum neat Suit with Paid Ticket- Paas Fail Deviation ' fNete wuT6ydr]vgjg Gohicfa averalgYoglaop �, UaComments t` ' a) Column activates and readies for ticket acceptance n. Display indicates message 0 Cl ❑ b) Insert paid ticket within the ENE Grace period. 11❑ ❑ Column accepts ticket and calculates no rate due c) Barrier arm raises W allow passage 0 [1 El d Once vehicle clears me edtl oap ine gate lowers C1 11 El ..._........................ a) Calumn voids ticket and retract 0 C3 13 toii T)ckot fatt with Unpald Ticliet within Gram3U Short nra: . >eielvna gCtivak,exrt bydthSnq vehtlboreraitntng loop= ,.per Fall Deviation •`Comments - a) Column activates and readies for ticket acceptance ❑ 11 El indicates message,., .., , " + b) Insert unpaid tltlaetwinin the at Greco Period. ❑ 11 El accepts ticket end calculates no rate due e) Sander arm rases to offew passage 0 O d) Once vehicle clears Ma exit loop the gate lowers 0 El 11 e) Column voids ticket, and retraces Short3orm3)ckatptuptdnn with Fun variation (ehaser ticktl) .. .. 37 E >AUbnrAcaulteexlt by dowing-hlcfo eyerarming fp Pua Fall Oevtetldn '.'Calarmina _. a Column activates and readies for ticket Room larva ❑ ❑ Display indicates message b) Insert an unpaid ticket into the ticket accepter 11 C1 O Column accepts ticket and calculates and displays me parking fee o [men Ml validation chaser ticket into the ticket accepter 0 El ❑ Column accepts the vakimcm and validates the padding fee. F all Detectors; 11 a) Once vehicle dears closing loop the gate lowers Page 26 23D-68 ',:' �, ,� x Autoipatsd Eat Lane Test SAT,'' F PARCS Location: Test Date: Parking Facility: Device Name: Usa of Prrozlmlty CaN' ` JActbn: A2Wafa prBaen®srtNng loop, HNd Card In fiont olreadss� ''" �� p®a. Fall OaVlapon%"Commmts � ' �� a) Pmkmltycardisvenaed and gate opens ❑ ❑ ❑ b) Once vehicle Gears closing bop the gate lowers ❑ ❑ ❑ -NOTE: No clacks of perfamed in Emergency Mode -tlsaolenAVITag 53 '.. ' i ` ; '. > AcNon: Au7`lvofe clue amtnglomiamsontFNtagtoreader . pass Fail OaviatYon '`. Comment, a) Column activates, fader activates, and column accepts the AA lag ❑ ❑ ❑ , b) Once vehicle dears dosing bop the gate lavers ❑ ❑ ❑ 'NOTE: No checks of perfomed In Emergency Mode m' oma:'., .r..ir c.3.:�rntry SfQDl{TA 6rouP RSRf38dtaN Sfgnitan_ �,`, w�n:'rw_^.ghs r" ?...°�tCustono, cRapbaamathm Fig wuto., 7 -717:7 Page 27 23D-69 Ode SKIDATA MPS Test Script van Nu,s. a 91 ac Cashier Terminate(Ivlanual paj Station • MPS),Test-FAY - PARCS Location: Test Data: Parking Facility: Device Name: - t vlsuallnspacgon_-MPS _ Paas Fan Ocsfatlon commantt '- InstaRauon of die fob ing: a) Merdtor ❑ ❑ ❑ b) KeyboaM ❑ ❑ ❑ c) Dual Cash Drawers ❑ ❑ ❑ d) coder ❑ ❑ ❑ e) Credit Caed Ter oal ❑ ❑ ❑ n Barcode Reader ❑ ❑ ❑ 91 Recelpt Printer ❑ ❑ ❑ h) Cheri cable management and connactbns ❑ ❑ Cl ONLINE TRANSACTIONS Log on to MPS to start, new shfR Shodtamo Posse; Ut with Paid n.kst Wisp .41 growl Paas Fall DevinSon '" Convndnb -AC GbnsAcfNota exd by NM9rohYta Pt'ereRnlgg loop a) Workstetbn edNatu and readies for gcke[acceplana ❑ ❑ ❑ b) Insert paid lkketw to me Ext Grace Period. MPS accepts tbket and m"Lates no rate due ❑ ❑ ❑ E) Banner arm raises b allow passage ❑ ❑ ❑ d) Once ml,ke. clears me ext kap Ne gate lowers ❑ Cl ❑ S Shonivm Ticket Paul that has Eaeesdsid Me Salt G" Padatl IAct=&Wa!a ase by d hit sehWe owcomdng loop. P. Fan DONagnn c.npnsnp r a) ........ b) MPS aotWates and teadles for ticket accepmnce Display Indicates message .... ...._.__— _ _ _._... .................. 111at that has exceeed the EM Ore. MPS acceptsktcket and cakvlates a dido al rote Ped.d. ❑ ❑ ❑ ❑ ❑ ____. ❑ ................... __ _._..._.._.._—._......... _ jj .9 el Cancel tmnuclbe and reltleve geket ❑ ❑ ❑ 3. ShortdamnA)GatE ft with anpald Tlckot within Grace >AEL'wi AGNafa or96y dM4q vertcle overermligtaap, _ Pau Fall Oeslehan caremises a) MPS ecgvatas and oeadles forlickel acceptance ay Indcates message 13 ❑ 11Disp C) Insert unpaid llcket wthin the EM Goes. Ponce MPS accepts ticket and cakvlatas no rale due 11❑ ❑ c) B.Merarmnuent..U.pasaage ❑ ❑ ❑ d) On. v.htle Clears Na est bop Me gels lowers ❑ ❑ ❑ el MPS voids tbket ❑ 11 Cl Page 28 23D-70 Terminal (Manual Pay Station ,Cashier PARCS Location: Test Date: Parking Facility: Device Name: Shortiim Tlekak CammerKa e Pass, 'Feil ONlaganl 5 e AcWala`ixlby'ar,NSrg reMcciawrapnirg �p .rz }>'-,+ ` MPS activates and readea for lkketeccepMa. ❑ Cl Clr' e) Display bd'rat.. massage �) Insert unpaid boket hate the order ❑ Cl Cl MPS accepts Uckat and scutate. parking fee Select Me Chu4an and insert No amount tendered. Approdt. Grange due b ash ❑ El 11 °) oakdated am sadder draerer open.. 4 mss:. d) Recelptis Issued ❑ ❑ ❑ 0... VerlycanectrecelptpMW9 analPmper fast ❑ 13 El Af ..._... .__......_—__ .._._.__"___ .............._..._ — _......... .--- __._._ ........_ _.... _..._... ............ _. On®rashlerdmnerfeclosed, barter atm mtaeamamw passage ❑ ❑ ❑ g) Once vehkle cbam Closing bop the gate kwam ❑ ❑ ❑ lffi ti. TlckeC Pay by 6ndl Gild' ,•.• z .� " '•e-rva xlt _.: +-+�{+1'+� 1�gssR"s�&' ? "# +eta s?.1 e; a >AC ,r'AgNafi iilb 6rN9 vsh/d. over 1 'Pau Rg OMatlon` a �mrnaPu Y @nef+r9 �A r" yah; e) MPS scOmbes, and readies for Met acceptance ❑ ❑ ❑ olsaay lndattes massage h) InserlunpaW tictml tete sM1e coder ❑ ❑ ❑ ulatea lea MPS accepts ticket and akpalling Select me Temynal M:on. me MPS. Message Phase WaA mrd tela temJnan ❑ ❑ ❑ h) eppea o on to MPS (:Y`a ' Insed a mAd credit card into the cmdl tam temdnal. Credit cam m charged Use ❑ ❑ Cl o! paling fee all mmmad to..tamer f e ' d) Reeetpt la booed ❑ ❑ ❑ Verify cunedreadpl Pdningandprapmteat ❑ ❑ Cl Once vahM. Beare coming loop the gala borers ❑ ❑ ❑ Repeal hansact m; using each various credit tare types: �g1 t i O Mamtertam i g) O AMEX ❑ ❑ ❑ Visa r erS46tt66Zie66 haglid Crtdt Cafe , tti; ° ` Pau Fag J>ovfddon ', =^Comments. >ACLNn ACIMam a*d Ey,OnLsg yaAio'e ovvYYmwglm,'.p -'' MPSactivmesendreadkofur Sdcetactapmnce Cl Cl ❑ Display indkatu message n § C) codef ❑ Cl Cl { MPS accepts gcset and caalculatu paking fee l Select the Temdnal horn on Me MPS: Message Tuase insert card into teminar ❑ ❑ 11 c) appease an Me MPS tasmaL Credd ram b not accepted Insed an Mata areal card Into me credit card m Cl Cl ❑ E) end appropriate message is displayed ShoYOona7l a kak EipirM Croda Cora �z Pace ' Fell OoviaCo[r Cto m inb >'Ammn ANNai!askbY?rMb9+mhftla`wwonMngtbop, r , n MPS activate. and readies fmtkkel acceptance 11 ❑ ❑ a) Display Indicatesmaot.g. b) Immft.nmW good into the coder ❑ ❑ ❑ MPS accepts tkket end W.We paling fee Ir, Insert _nrM4 gars Into m the credit card! IeridneL Credpwm b not acceDtetl ❑ ❑ ❑ °) pr p,tat. and appreprbte message is displayed Page 29 23D-71 _ ,Cashier Terminal (denual Pay'Station MPSI Te'L,' FAT -. PARCS Location: Test Date: Parking Facility. Device Name: g Shcd•TmnTkkstAc FUll Valldetlen (chow tizkey yplumewith >Acue,:ptLYato aril hyadvkg v,nhklo ovaraming (cep .Pass Fdl OavlalloR� `Cammonh - a MPS acMates and readies for ticket aeceplance Display Indicates message Cl Cl ❑ is Insert an unpab Ikkel kto the coder accepts nickel and caloul.bs end displays the parkirg fee 11 El 11MPS c) Scan a fg uvalidation chaser ticket vaVi MPS -valla Me valk atlen and v.Udatas the paddng lee. Cl El ❑ d) Gatoopena ❑ ❑ Cl el on ca vehida Were cbakg bop Negate bwren ❑ ❑ ❑ 10 'Short -Team Tiekat Aecaphnmwth Partial Validatl.n(ehaaar Sckst) >AcCan:Acd'vato oObyd6in, vchkm o armlrry lady pass: -.Fan Oevlati.R. C.mmanh ' °) MPS sclNales and read lea for ticket accepts sets Olaplaybdkates message ❑ ❑ ❑ Insalt an unp d ticket lata Ne coder MPS accepts gleet and rakulahm and displays the parking(ee _ ❑ i ❑ El Scen a paalaP val d ekn chars, kket c) MPS accepts cm vardetbn, "Name the appmpdate amount, and chaps" the ❑ ❑ ❑ remalning paM1ing (ea. d) Intent a vagE crack cep Inh the credit cad termiiul. Credit cane k charyed the parting fee and raWmsd to aeW.r ❑ ❑ ❑ el Recolpt Is Issued, once recelpl Is removed gate opens ❑ ❑ ❑ ' . 1 Q Oncevehkle clean cbshg kep the gate bwma ❑ ❑ ❑ 11 ah.rt•Torm Tikat Ahuptance wine Full Vandallon(BValdCket) >Actlpn;AP(hyfs aelbYddrfng vahsfe oval armngiaoP peas .Fell Pensfle. `�, Comments . 1. aJ MPS ecMatas and readies f.rgcket avapiaten DaPlay Indicate, menage ❑ ❑ ❑ b) Insen an NVy ealdated ticket Into the coder accepts ticket and calculates ft, fee. No rate allbisplay Cl ❑ El c) Gate opens ❑ ❑ ❑ a) Once vehicla clean dosing bop the are less, ❑ ❑ ❑ 2 Sho47ean reset Aeeeptanee wllh PaNa1 Va1hanon(.Va1 Sc,,) �. a Adkr,,eaMate anthy mV'e5 ve.rclo wwuamt, IM, Is... Fall eaNedon Commenh - •;:. a) MPS adrrahs aM readies for Vckat eccePlence O®playlndirame message ❑ Cl ❑ b) Imed sn partal vagdaled de et Into me ceder MPS accepts ticket and cakulale. parking fee. Parking lee is dblbyed Cl ❑ ❑ Inserta vard credit mrd kao the vada card hrminal. Crede cork Is charged the I landng fee and reW,eM h..In", ❑ ❑ ❑ d) Receip0lslssuact. once meabt is removed gat..,,, ❑ Cl Cl e) Once veM1kla clean dosing bop the gale bwen ❑ ❑ ❑ Page 30 23D-72 ,CashierTerminal ( Manual�PaY 94gon MPS Teat -FAT G .. � ., �.:.- ' PARCS Loeatlon: Test Date: Parking Facility: Device Name: " ]hurt Tann Tickat Acciptanci with Keypad Vateside(ws scieen) Pat. ' FallllrataflvR.. ComMAN >Ar�6M'Agryeh eNd DY dnvb�g ueNcfe avwp'mJrg fmp ti - r a) MPS am.tea and readles fotbket emdptanco ❑ ❑ ❑ ❑ Dlaplayindicates mes.age ObPbyindkate. message b) Intent an unpaid Urkat Into Ne coder ❑ ❑ ❑ b) MPS accepts ticket and eak dates padding fed. Parking fee is d'uptayed ❑ ❑ C1 Select the Validation (VA Okl) button and select the eppmp�to nolealbn. Fee Is C1 El 1:1reduced v accordingly. C) d) Transaction process madness as a nomas transaction ❑ ❑ ❑ u Pass -. Fall Dr ev ,Ort -Yam Ticket Acceptance with Full Vatldx6n (ORCeds) Acb'AWYaM pxYlry dllvkgvWdd+overdmdn9lmP e) MPS e.tkndda and readies for ticket acoeptanm ❑ ❑ ❑ ADVAM 18�,� Dltplay Indicates massage rAtlkn.A'lvureset vthirlo'ovafs , h) Eased an unpaid acted into the order ❑ C3 13 MPS accepts ticket and calculates and displays the perking fee Display lndkales massage c) Sean OR code vaedadnn _ ❑ ❑ ❑ MPS accepts NevaW.Non and vilMatas the paM1Ng fes d) Gate upon. ❑ ❑ ❑ e) Once vehicle clears cbakg bop the gala lowers 1 ❑ j ❑ j ❑ Page 31 23D-73 a) MPS actuates and resales for Vansactbn ❑ ❑ ❑ ObPbyindkate. message b) Scan a valid ADVAM OR rode Nat le wtlllin the prepaid reservation seation Mme ❑ ❑ C1 MPS accepts No OR Code C) Gate opens ❑ ❑ ❑ d) Once vehicle ckms dosing bop Ne gate lowers ❑ ❑ ❑ ADVAM 18�,� ORGode�evv(staY ,� pass Fal Deviadam - ! rAtlkn.A'lvureset vthirlo'ovafs , MPS ectindet and readies ler bansactbn ❑ ❑ ❑ Display lndkales massage h) Scan a valid ADVAM OR code that is cedslda the prepaid reservation time El ❑ 11MPS accepts Me OR Code and displays the amount due Intent a valid vemt mid tato the credit card temtlnal. Credit cand is chargedl the ❑ ❑ ❑ "�1° °) overstay paMNg fed and r¢tumed to customer d) Recetpt b Issued ❑ 11 13V e) Gateopens ❑ ❑ ❑ IJ On. vehkAa clean closing loop the gate biers ❑ ❑ ❑ Page 31 23D-73 Paystation voPsj �Casti(er'Fermlparooitel est -'FAT.'' PARCS Location: Test Date: Parking Facility: Device Name: CnbaCa(d Out as FartoTCCWlCO Uariulatten .'.' ' 17 >AcNoq: ALYNato ea3 bl'?rnfigvrhHa ayerormjrp loop $, 'Pa.$' Fall oovlatloq: comments s a n a) MPS adrartes and readles for transaction Display lndicales message ❑ ❑ ❑ E) Inavt a oreEitrard Udanal used to enter, Ueparldng laakity accepts Me card and processes the parking fee. ❑ ❑ C1MPS c) Reeeiptts issued ❑ ❑ ❑ -' - d) Data open. ❑ ❑ ❑ a) Once vahkge chars casing bop Me gate laws. ❑ ❑ ❑ 1e StnleNaaadkbut Tloset Afters aUn >ANOIx AclNaladwTOY gwMb'o ware rn'ugfoop- Pva Fall. Davtatloe,� Qpmipanta e) MPS aotNatea and readfi far gckat acceptance ❑ ❑ ❑ Dbpleylndbsl.smasse e Insert a backout or stolen ticket into the coder ❑ b) ❑ ❑ MPS accepts ticket, volts and vaults tlekel Display indicate. error message'Mlsussl Ticker ❑ ❑ ❑ ell Barter even does not table W allow passage ❑ ❑ ❑ lavalid*,hit tpN —oyer Carport B >AUbp ANN'eta aid 6Y d" srhkto ovoYami(ng toop.- pass Fail DaviaLon `a z = ' Oo`mmulfs >lnsa([e [(ckef hpptadq/amMCer Park„ e a MPS ecWate. and reaches fortakat acceptan. ❑ ❑ ❑ Display hdicaters message E) Inaed uokv from a deferent Cathe Park Into e cotter ❑ ❑ ❑ MPS acre b uckel and return. take: c) Display indicates error message ❑ ❑ ❑ d) theater atm does not rates to agave passage ❑ ❑ ❑ 10 Lae(T1.kal.'(w[Mow LFR)P3 �- >AptxnAdfF/afa exd by d^vkg vWkJaavarvimmglasp. Pas. 'Fall Davlapon Conoitanto 1- a) MPSwelktesandread'.,forlkketateeptsnca Dlsplayindbztesmeseage ❑ ❑ ❑ b) Select the ROSY button on Ole MPS. The Whole Sale'sueen appears. ❑ ❑ ❑ ' Input the entry daleNme, select the appropriate licket feed method (Manual) and rick V c) 'OK'. [need Me Oaket m Me coder and then hit enter on Me keyboard b produce the ❑ ❑ ❑ SC.2' last ticket V�.�'R ell Re -lined tholut in Me coder and lranaaotion process cangnues as anarmel tranlactut ❑ ❑ ❑ h RaPlocem URI. ,' `` AUAn::AdntTlckel.WtwW >c'U✓aM - ;Past Pali Mulattos;, ` .... Co ytlfimp` " ax$DydMhgvohkl. oveeayvrg leap. 1 MPSac aWsat mdleafortkketaccsptance x, a) Display indicates message ❑ ❑ ❑ lJ'= Select Me Tkket New button an the MPS and Uen select the -SP button. The b) Rickel NW season appears. Cooprm Met 'Shad -Tem Parking Ta' Is highlighted ❑ ❑ ❑ and sMk'OK'. Ticket New- Short Term Father, T ,creep appears " c) Input Uaucketinan and dick -OW, The ticket information wig appear and the, k MPS wAl requeri the user to].ad a now Uckat ❑ ❑ ❑ d) Tha reptacementgckOwrem slnsldecaderandV nsacthnpm sswnlauesasa El 13 nerlNllranaeelbn Page 32 23D-74 t'� � Cashier TB[minaG(lldaneal Raystakon MPS);Teat FAT ,, ,, `�" x PARCS Location: Test Date: Parking Facility: Device Name: ONLINE TRANSACTIONS -LPR Functionality ' ,,. ' LastTkkatamlU..dabta Tlelist,+Cald v)B Moana, Plato .. t =<. ♦+ II aAabpi AiilNfa sad by(LIV6z9 vesuca avorpaiJng loop. Pau ..Fail Mvlaven-' Cbmnmb a fddlz Cvwkvfal�oR lalrvTass a C.9%en tFren'Ye Plea "nouaaan (COfP) a) MPS user Iodates COLP far Ne lane bang tested ❑ ❑ ❑ If the learns plate In detected, it appears n Me dial box an the workstation. b) Olhernisegcense plata can be manualyentered or copied from Check Point into the ❑ ❑ ❑ dlabg box. c) WoMataton userckks'OK' and g Me Reansa plate to found, the system send Mn ❑ ❑ ❑ appropriate account b Me ear union. • d) If no adenee plata Is round, Me message Vehicle Liberian Plate Number'ABC1= ❑ ❑ ❑ ;4t35- not (Duna' u. ill d1splayon Me workstation O..f.e Is senile On hounto and ecanji Into the R co� ❑ ❑ ❑ lemdnal. Codd eaid b chaq Me parking fee and returned to cuata ner Receipt Is Issued, once receipt is removed gale opens ❑ Cl '❑ p.... g) Gate opens ❑ ❑ ❑ I. (.-. h) Once vehkle.'ears closing bop the getebwma ❑ ❑ ❑ 9wapp�d Tlekit•Ralaetlpn red OVMlda o}Mounted E,It ParaS FaT DeNatl*a .. Commenp >Acbbn;AcW'nra inyby.�rhng tShHQ atY� RAf/Ig bap "''. e) MPS aalhates and readks for ticket acceptance ❑ ❑ ❑ Display Wastes massage e b) Intent eaped ticket with different LPN used at entry ❑ ❑ ❑ MPS accepts Urket aral a relects n notification is sent to Plass Tech I' •'. °) 'Oyenldd b seleGdA and the policing fee Is obeyed based an Me We assigned to ❑ C1 1-1 r ., i; Me freest and fee Is displayed on Me aA aMtlon. d) Insert a valid chuM cad one Me credit rand terodnai. Grains and Is deal Me El El El fee and Winners! to Container _ e) RIs sued, once recut Is removed gate open, ❑ ❑ ❑ Once vehase ensure rbslng bop Me gate $aware ❑ ❑ ❑ =Sviapp�d Tltkst,•WHr$9n snd Osnlvd 41t Pass, Fall OWlada r �'Colnmenta a �Lc ^>AobpmAdt+ate f4. exd M'ilmne v¢M1HebYarPloringbaP ,.,,. a) MPS aclNatea and mediae far lkkel acoepssnce ❑ ❑ ❑ Olaplayindhabameasags b) Insert eased ticket with different LPN used at entry ❑ 13 13 i...,. MPSaocaplsticWe amjac naaOrWonbsent0il eTech c) WeJect'a reacted on Me warl¢bllon and Me ticket is rebmed. TWeaction would ❑ ❑ ❑ need to be processed through CUP. • •OFFGNETRANSACTIONS�'I Olsa'bte theconneclion beta' MO ODAZ and the MPS ConHml'stafasla Conf Kanter 8Ao6lUm,Dcketetltxlth Psid Tickst �QWln nitgrscs] n •. PSs'a_$ Fail ONelagao Ca�hmanss • aApbmtaa4`,+nG anf byd+'rxN WCHo�avar'erpUnglpapt ... :' a MPS adNalee and readies for ticket acceptance El ❑ F1 - Display indicates message b) (nand paidlicketwihn Uw Fxs Graceleedvd. ❑ ❑ Cl gJ MPS ucepts OxIett and calculates no into due Ir;�Lv; c) Barter arm relpasssaAaw possess ❑ ❑ ❑ p�1yr•� d) Once vahida clears Me eA loop the gale lowers ❑ _ ❑ -- ❑ It e) MPS voids Ibkel. and reVacts ❑ ❑ ❑ Page 33 23D-75 Casfi er Terminal (MgvIUi l Pay Station - MPS} test- FAT - PARCS Location: Test Date: Parking Facility: Device Name: gd 'Shartdemn Tlcha4 Ut-Ah Uihedd Tlck WRI'ie Gran >Acgon: AdW. axe by dmhy vehed. deer ann'mg bop Pias Fag Cavlagdn Camrrants a) MPS activates and readies for ticket acceptance Display Indicates message ❑ ❑ ❑ b) Insert unpaM doket alMin the Exit Grace Parked. MPS accepte ticket and akulates no mt. due ❑ ❑ ❑ d Bartter arm raises to agow passage ❑ ❑ ❑ d) Once vehkle clears Ne mkt bap Me gate lowers ❑ ❑ ❑ e) MPS value knit. aM retracts ❑ ❑ ❑ gT Shortdami Trck.b. Pay Ey Cash . - '. �Actfare Actiyafa ox,' by drivkg,6hW..,,a," bap Paas .Fall Oaviatlon.' Comments °) MPS adNates and readies far geket acceptance Display indicates message ❑ ❑ ❑ b) Insert unpalu ticket into Ne coder MPS accepts ticket and ak ilatte. parking fee ❑ ❑ ❑ c) Select Ne Cash button and insert the amount tendered. Appmrbb change due is calculated and cashier career pan. ❑ ❑ ❑ d) Receiptia Issued ❑ ❑ ❑ t o) Verify-erred receiptpdngng and proper test ❑ ❑ ❑ — /J Once ca.hier drawer is closed, banker arm robes to allow passage ❑ ❑ ❑ g) Once vahkb team Wsing bop the gate kware ❑ ❑ ❑ Short.tenn Tlckah Pay M CmdRCard :. {- �' > Actgrr Adgvate esdby do", veh.W ov .41,9bap Pass Fat Deviatlar, Comment. ° MPS edN lorikkat acceplenca Dkpay indicates Message essage ❑ ❑ ❑ lkkth Insect unpaid et lute e coder MPS accepts t'cket and calculates pari fee 13 [1 13b) ° Insert a valid credo[ caul We Me credit esel tomirmiL Credo[ cand k charged the peeing fee and returned to customer ❑ ❑ ❑ t� d) ftscelptk issued, once receiptis removed gateopeas ❑ ❑ (I e) Verify correct receipt annng and proper toot ❑ ❑ ❑ Once vehicle clears dasng loop Ne gate leviers ❑ ❑ ❑ Shmld Ticket Expired Credit Card _ >AeGmEACiva arses {Fag Uavlvtlon Coeimanb to axe by &*kg whob avereiming*p _ a MPS ectivatoa and roadies for tskett acaepiance 4 Display indicates message ❑ ❑ ❑ b) Insert unpaid ticket nip the coder ❑ ❑ ❑ MPS accepts ticket and calculates parking fee i t c ) Insert an expired credit caul Into Me credit caul temunaL Credit caul Is not accepted and apPalliba message is dlspbyed ❑ ❑ ❑ Page 34 23D-76 Terminalanual Pay Staaan MP5AT PARCS Location: Test Date: Parking Facility: Device Name: ShoOl[itin TckslAmptartc�wiih pull Vaildetarl(chaigr gdkd) v. ., .. '. rAW_lon!AcUMa e+dtyaiiwrg vN4Ya oval'al{r n%ryfkop� Pus Fag Oevlafdo-° Comments LA - vY ^ MPS ae0mms and mad. far ticket acceptance ❑ ❑ I ❑ a) Displaylndicates message b) Invert an uep.M teket int. me coda, ❑ ❑ 13MPS accepts ticket and cak:uWme and displays We parking fes Imed U va0tlechaser ticket into the coder Cl❑ ❑ thtlon MPS acesphe e raldathan and validates We pardirg fee. ^ d Gam) opens _.... ❑ ❑ a) cg loop Me gale lrs Once vehicle clearsbsNove ._❑ ❑ ❑ ❑ �Blwd-Term Ttdnt Acpp'Uw with PaNaWaIlOWon (chaLlheken _ 1 Pasa.�F>4 .Mdetoq: Carummt+ r ilfifon^ACW§fa1v36ytLtvty vchklo ovorurinUg loop > a) MPS ac mm. and =dns forgccket accepmnpe ❑ ❑ ❑ Dleylay Uncal. message b) ]mad an unpad Ikkat Mm the coder ❑ ❑ ❑ MPS accepts lidret and nkvlatea and displays We paftq fee Indeed a pertlall vatdatkn chaser d6mt into We coder tJ. e) MPS accepm We vaddation, validates the appropriate amount, and deploys the ❑ ❑ ❑ renalnmg paM1Jng Are. c) Insert a valid eedR mrd into We credR card terMnal Craft card is charged the ❑ 11 C1parking fee and rammedm to wvlaar d) Recalps 19 daued. once receipt is -roared gate opens ❑ ❑ ❑ a) Once vehhle clears closing loop the gato loners ❑ ❑ ❑ - ,"SHIFT CLOSE a r Re analile the'Carr salon heaaeeri,fh­(SD AZ andthe IMPS - Conti gid Stafus in Contmi Center g2 "Shin Ciwe, Pass Fail pvlitGo, Co{nmenb •t Click We Door loon on Me Imp right of rhe Pay Station Screen. hj Coder .01 produce a %hA Cb.W..lpt and rite MPS LA0 be ready for 0. rued ❑ ❑ ❑ oyenedorto log on ��,r;i'r*?r;'#�"Custtlmlf.Rvjlnevrr(atVe Sl9nethl[o,cP,.k.&a::`,;.il z;;y;;,;;,a...+.gM1,t{;SoPM SMOATA`.OrouP RpPraeentdt Ve Slgnotub^s ;'>`t"„x, ,ss^ x'�t ' r$.w a:'.'2,-%4/vOYst9mer9ep,stontlaOVtjlfigean. �4n�}'..'f'.:;�..c7 �n:t(�'in�pU`Std.�F'�JS4httYM4KIDATA`arOtlP,RaPlaealt4ltva Nar{aa'�t.; ct`Vnsw qF z�,v's.: Page 35 23D-77 Appendix 23D-78 `j O O as m �U Q vrn Ula 10 Z Q m I �ro � m� � Q1 W. O f m �ti m� Wp c 0 U. m C y. m'`r a - 23D -79 23D-80 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECTNO. 16-1301, 16-1302,16-1303,16-1304 DOWNTOWN PARKING FACILITY IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 5th day of September, 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 USS Cal Builders, Inc. (hereinafter "CONTRACTOR'). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Downtown Parking Facility Improvements 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 Million Eight Hundred Nine Thousand Four Hundred Eighty -Five Dollars ($2,809,485.00), 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. mv. 12202016 23D-81 Page 1 of 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, famish 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. 23D-82 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: JO M.FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager CONTRACTOR: USS Cal Builders, Inc. ALLEN OTHMAN President 23D-83 Page 3 of 3 23D-84 COST ANALYSIS CONSTRUCTION OF PROJECT NOS. 16-1301, 16-1302, 16-1303, 16-1304: DOWNTOWN PARKING FACILITY IMPROVEMENTS Construction Contract $ 2,809,485.00 Contract Administration $ 58,296.00 Inspection and Testing $ 61,704.00 Contingencies $ 345,515.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,275,000.00 I,CI I--Iri! 23D-85 23D-86 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE FIRST AMENDMENT TO THE AGREEMENT WITH EXTERIOR PRODUCTS FOR INSTALLATION OF FLAGS IN DOWNTOWN TO PERMIT PREPAYMENT AND ASSOCIATED DISCOUNT (STRATEGIC PLAN NO. 3,4A) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an Amendment to the Agreement with Exterior Products for installation of American flags in Downtown. On May 2, 2017, the City Council authorized the City Manager to execute an Agreement with Exterior Prouducts for the installation of American flags in Downtown Santa Ana. However, the Agreement did not allow pre -payment as provided in the bid. The annual cost proposed by the vendor is based on pre -payment and reflects a savings of six -hundred dollars per year compared to previous agreements with the vendor. Staff recommends approval of the Amendment to the Agreement with Exterior Products to allow pre -payment of services. All other terms of the agreement will remain the same. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #3 (Economic Development), Objective 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy A (Provide a safe and inviting public environment in the downtown, including the Wellness Corridor, through enhanced amenities, improved way finding and engaging street/sidewalk design and lighting). 25A-1 Amendment to Agreement with Exterior Products September 5, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. o✓t.�i �. . Robert M. Zur Sc i de Interim Executive Director Community Development Agency Exhibits: 1. Amendment to Agreement with Exterior Products 25A-2 FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this _ day of , 2017, by and between the Exterior Products, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Consultant entered into Agreement No. A-2017-111, dated May 2, 2017, for Consultant to install, remove, and store American flags ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the Parties desire to amend the compensation section to allow for prepayment of services under said Agreement. 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 2, COMPENSATION, subsection (b), shall be amended to read as follows: "Payment by City shall be made within forty-five days (45) days following receipt of proper invoice, subject to City accounting procedures. Prepayment for services is acceptable under said Agreement due to the nature of the services being provided. However, the City reserves the right to seek any and all remedies, including refund of payment, for work which fails to meet the standards of performance as set forth in the Recitals which may reasonably be expected by City. On separate approval by the City, payment will be made on all proper invoices evidencing acceptable work performed prior to the start date of this Agreement in section 3 below." 2. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. Page 1 of 25A-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO Cit} am RECOMMENDED FOR APPROVAL: ROBERT C. CORTEZ Acting Executive Director Community Development Agency CYNTHIA J. KURTZ Interim City Manager CONTRACTOR: Exterior Products, Inc. Un Tax ID# Page 2 of 2 25A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE A FIRST AMENDED AGREEMENT WITH LD SYSTEMS TO PROVIDE KIOSK WARRANTY AND SOFTWARE SUPPORT SERVICES (STRATEGIC PLAN NO. 41 1) CI MA AGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •;• 1. ❑ 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 an amendment with LD Systems for hardware warranty and software support services pertaining to the City's Payment Kiosk for the period beginning September 1, 2017 through December 31, 2020, for an amount not to exceed $77,675, which includes a $25,000 contingency; along with a provision for a six- month extension (January 1, 2021 to June 30, 2021) exercisable by the City Manager and the City Attorney, in an amount not to exceed $3,550 subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Treasury and Customer Service Division of the Finance and Management Services Agency ('Treasury") operates Santa Ana's city-wide cashiering system. As part of this system Treasury maintains a multi -window cashiering operation in the City's main lobby, serving the City's customer base which is largely cash oriented resulting in high volumes of walk-in customer traffic. To address the issue of transaction volume and to help accommodate our customers' afterhours payment needs, the City entered into a Payment Kiosk Services agreement with LD Systems for a Payment Kiosk system ("Kiosk"). The Kiosk allows customers multiple payment options on a 24 hour/7 days a week basis without them having to come into City Hall to use the main lobby cashiering counter. Additionally, the Kiosk software maintains the capability for customers to process payments for various City revenue sources including but not limited to: municipal utility services, business license, dog license, parking citations, paramedic subscriptions. Additionally, the Kiosk is designed to accept cash, credit card, and check payments with the ability to dispense change including currency and coin. 2513-1 First Amended Agreement with LD Systems for Renewal of Payment Kiosk Warranty and Software Support Services September 5, 2017 Page 2 In order to facilitate payments during non-operating hours (afterhours) as well as during regular business hours, the Kiosk is situated as a "through -the -wall' installation fronting outward from the southeast facing wall of City Hall adjacent to the main lobby doors. The Kiosk processes over 5,000 transactions annually and is of assistance in reducing lines at the cashiering counter and alleviating the need for additional cashiering counter staff. Following recent upgrades to the Kiosk system, a warrantable service agreement may be extended until June 30, 2021. LD Systems will provide hardware warranty, software licensing, maintenance, and support through the new agreement. As an added benefit when renewing the agreement, LD Systems will also upgrade the Kiosk system to enable remote off-site system hosting, thereby improving monitoring and trouble -shooting of Kiosk functions. 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). FISCAL IMPACT For the contract period, funds in the amount of $77,675, which includes a $25,000 contingency will be budgeted and available as follows: If it is determined that a further six-month extension is needed for January 1, 2021 through June 30, 2021, funds in the amount of $3,550 will be budgeted and available as follows: FY FY FY FY Account No. 2017-18 2018-19 2019-20 2020-21 (Sep -Jun) (Jul -Jun) (Jul -Jun) (Jul -Dec) 05210018-62300 $67,675 $5,000 $0 $0 01110130-62300 $0 $0 $2,500 $ 2,500 If it is determined that a further six-month extension is needed for January 1, 2021 through June 30, 2021, funds in the amount of $3,550 will be budgeted and available as follows: 25B-2 FY Account No. 2020-21 (Jan -Jun) 01110130-62300 $3,550 25B-2 First Amended Agreement with LD Systems for Upgrade & Extension of Payment Kiosk Services September 5, 2017 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS Francis Gutierrez Executive Director Finance and Management Services Agency WH Exhibits: 1. First Amended Agreement with LD Systems 25B-3 25B-4 FIRST AMENDMENT TO INDEPENDENT CONTRACTOR SERVICES AGREEMENT THIS FIRST AMENDMENT AGREEMENT, made and entered into this 5th day of September, 2017 by and between C:E. Dean Enterprises, Inc., a Texas corporation, doing business as LD Systems, duly organized and existing under and by virtue of the laws of the State of Texas, authorized to conduct business in the state of California ("CONTRACTOR") having its principal place of business at 4200 International Parkway, Carrollton, Texas, 75007, 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. CITY OF SANTA ANA entered into an Independent Contractor Services Agreement (Agreement #N-2017-160, "said Agreement") with CONTRACTOR for the provision of payment kiosk refurbishment and warranty certification services for an amount not to exceed $25,000.00. B. The effective Term of said Agreement was for the period commencing August 3, 2017 and ending December 31, 2017. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services of said Agreement to provide for payment kiosk hardware warranty and software support services (including software licensing, software.upgrade and maintenance, togetherwith remote hosting and monitoring services). D. In accordance with the terms and conditions of said Agreement, the parties wish to amend said Agreement to further extend the Term through December 31, 2020, with an option for an additional six (6) month term beginning January 1, 2021 and ending June 30, 2021, exercisable by the City Manager and the City Attorney. E. The parties also wish to amend and add Compensation for the additional payment kiosk hardware warranty and software support services and extended Term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Independent Contractor Services Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, subsection 1.1 shall be amended to include (in addition to Exhibit "A") those services as set forth in Exhibit "A-1" which exhibit shall be attached hereto and incorporated into said Agreement by reference. 2. Section 2, COMPENSATION, subsection 2.1 shall be amended to include Exhibit "A-1" in addition to Exhibit "A" and to increase the maximum total amount expendable under said Agreement from $25,000 to $81,225, which amount shall include a $25,000 contingency fund. Contingency funds may be used in connection with any parts and/or labor or services described in Exhibits "A" or "A-1" or in connection with any additional services or extra work as may be ordered by CITY and agreed to by CONTRACTOR in accordance with Section 16, ADDITIONAL SERVICES, and may include but not necessarily be limited to: added functionality, enhanced platform offerings, third party software/hardware integration(s), and Payment Card Industry Data Security Standard (PCI DSS) compliance requirements. 25B-5 3. Section 3, TERM, shall be amended to extend the Term of said Agreement through December 31, 2020, with an option for an additional six (6) month term beginning January 1, 2021 and ending ,June 30, 2021, exercisable by written notice given to CONTRACTOR by the City Manager and the City Attorney not later than the first day following the, last December2020council meeting date, unless terminated earlier In accordance with Section 29 of said Agreement. 4. In addition to the amendments as made hereinabove, whenever the terms of said Agreement shall reference Exhibit "A", they shall also read to include Exhibit "A-1". 5. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. (Signatures on following page) 2 25B-6 IN WITNESS WHEREOF, the parties hereto have executed this First 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 rck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance & Management Services Agency 3 CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR C.E. Dean Enterprises, Inc., dba LD Systems Cliff Dean, CEO Tax ID# 75-2556260 25B-7 EXHIBIT "A-1" SCOPE OF SERVICES (a) CONTRACTOR shall provide CITY a KIOSK Information Systems Software ("KIOSK") License & Maintenance Agreement (LD Systems — City of Santa Ana Upgrade to K- Nect License & Maintenance Approach) as set forth in accordance with Exhibit "A -1(a)", which exhibit shall be attached hereto and incorporated by reference. The KIOSK License & Maintenance Agreement shall cover a forty (40) month base term beginning September 1, 2017 through December 30, 2020, and shall include an optional extension term, solely exercisable by CITY, covering an additional six (6) month period from January 1, 2021 through June 30, 2021. (b) CONTRACTOR shall provide CITY a KIOSK CORE K -Nett Software License & Maintenance Agreement Statement of Work ("SOW") for the development and licensing costs for the upgrade of the CITY payment kiosk to KIOSK CORE K-Nect as set forth in accordance with Exhibit "AA(b)", which exhibit shall be attached hereto and incorporated by reference. CORE K-Nect ("Knect") is the base software platform upon which the Santa Ana payment kiosk application will run. Knect has multiple functions as the base platform including payment kiosk administration, user management, system application and component monitoring, real-time alert messages, uptime reporting and data logging. The upgrade to K-NECT will allow the CITY to run its payment kiosk off of the KIOSK cloud server to take advantage of the Knect base platform offerings. (c) CONTRACTOR shall provide CITY a KIOSK Advantage Exchange with Technician Warranty ("Warranty"). Warranty shall cover a forty (40) month base term beginning September 1, 2017 through December 30, 2020, and shall include an optional extension term, solely exercisable by CITY, covering an additional six (6) month period from January 1, 2021 through June 30, 2021. (d) Scheduled compensation amounts for CONTRACTOR'S Services under said Agreement, exclusive of parts/labor or services performed in connection with Exhibit "A" of said Agreement, or additional services or. extra work subsequently performed pursuant to an approved Change Order shall be as follows: License & Maintenance Agreement: a. Base Term —September 1, 2017 through December 31, 2020 $ 7,000.00 Core K-Nect One-time License Fee $ 5.040.00 Core K-Nect Annual Maintenance $ 12,040.00 Total License & Maintenance b.' Optional Term — January 1, 2021 through June 30, 2021 $ 1,000.00 Core K-Nect Annual Maintenance (6 month's Proration) ii. KIOSK K-Nect Software License & Maintenance Agreement Statement of Work: a. Upgrade to K-Nect — SOW Development & Licensing Fees $ 23,200.00 One-time City of Santa Ana Upgrade to Core K-Nect r b. SOW Development Anticipated Milestone Dates 1. Estimated "Start Date" of SOW Development— 10/2/2017 2. Estimated "Completion Date" of SOW Development -11/15/2017 3. Estimated "Testing Date" User Acceptance Testing —11/29/2017 4. Estimated "Acceptance Date" User Acceptance —12/15/2017 iii. KIOSK Advantage Exchange with Technician Warranty: a. Base Term —September 1, 2017 through December 30, 2020 $ 17,435.00 b. Optional Term — January 1, 2021 through June 30, 2021 $ 2,550.00 (e) Software (as necessary) will be delivered electronically. Sales Tax or any other applicable taxes will not be invoiced. The City will be responsible to remit any taxes to a taxing authority as applicable. (f) Payment Schedule CONTRACTOR will invoice City as follows (based on "actual date"): i. For one-time charges and base term services charges: 1. 50% ($26,337.50) - Invoiced upon Date of Full Execution of First Amended Agreement 2. 25% ($13,168.75) - Invoiced upon Date of Completion of SOW Development 3. 15% ($ 7,901:25) - Invoiced upon Date of User Acceptance Testing Commencement 4. 10% ($ 5,267.50) - Invoiced upon.Date of Final City User Acceptance ii. For optional term services charges: 1. 100% ($3,550.00) - Invoiced upon Date of Written CITY Notice of Election To Exercise Option to Extend Agreement (Must be exercised by CITY by day following last city council meeting of December, 2020.) (g) Payment Terms Terms are Net 30 from date of CITY receipt of CONTRACTOR'S invoice. E 25B-9 Exhibit "A -1(a)" KIOSK Software License & Maintenance Agreement LD Systems — City of Santa Ana Upgrade to K-Nect License & Maintenance Approach August 28, 2017 Revision 1.1 25B-10 License & Maintenance Table of Contents LICENSE & MAINTENANCE TABLE OF CONTENTS....................................................................................................2 VERSION................................................................................................................................................................2 KIOSK SOFTWARE LICENSE AND MAINTENANCE AGREEMENT ...............................................................................3 TERMSAND CONDITIONS......................................................................................................................................3 1. DEFINITIONS.........................................................................................................................................................3 2. LICENSE...............................................................................................................................................................3 3. MAINTENANCE......................................................................................................................................................6 G. EXCEPTIONS.........................................................................................................................................................7 4. LIMITED WARRANTY......................................................................................................................:.......................7 S. LIMITATION OF LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES..............................................................................7 6. DEFAULT..............................................................................................................................................................8 7. NOTICES..............................................................................................................................................................8 8. TERM AND TERMINATION; SURVIVAL ........................................................................................................................8 9. GOVERNING LAW..........................................................................................................................................:.......8 10. JURISDICTION AND VENUE................:..................................................................................................................9 11. ATTORNEYS'.FEES..............................................................................................................................................9 12. MODIFICATION AND WAIVER..............................................................................................................................9 13. PURCHASE ORDERTERMS...................................................................................................................................9 14. LANGUAGE......................................................................................................................................................9 SCHEDULE A TO KIOSK SOFTWARE LICENSE.........:...............................................................................................10 1 LICENSE FEES........................................................................................................................:............................. 10 Version 1.0.0 Created on August 3, 2017 by KIOSK Software Development Group. 25B-11 KIOSK Software License and Maintenance Agreement This Software License and Maintenance Agreement ("License Agreement") is entered into as of the Effective Date by and between Kiosk Information Systems ("KIOSK") and you ("Client'). Terms not defined herein shall have the meaning set forth in the Master Services Agreement between KIOSK and Client dated TERMS AND CONDITIONS 1. Definitions For purposes of this License Agreement a. Effective Date - means the later date of execution (as shown on the signature page) by a party of this License Agreement. b. Error Correction - means eithera modification or addition that, when made or added to the Licensed Software, brings the Licensed Software into material conformity with the Software Requirements and Specifications set forth in the Statement of Work (SRS), or a procedure or routine that, when observed in the regular operation of the Licensed Software, avoids the practical adverse effect of such nonconformity. c. Maintenance - shall have the meaning ascribed in Section 3. d. Maintenance Term - means the time during which Maintenance will be provided by KIOSK commencing on the Effective Date and continuing forthe duration of the time maintenance is purchased. e. Releases - means new versions of the Licensed Software, which may include Error Corrections and/or Updates. f. Licensed Software— means the object code version of the software used to operate a Product as originally delivered to Client as listed on Schedule A hereto, as well as any related software programs, purchased or provided, which are designed to operate in conjunction with that software program. g. Update - means new minor modifications of or improvements to the existing features of the Licensed Software (i) which KIOSK makes commercially' available and (ii) which would normally be designated as a change in the digit(s) to the right of the tenths digit in the product version number [x.x.x]. "Update" does not include a product revision that provides any material enhancement of Licensed Software features or functionality. KIOSK reserves the right and authority to define an update. h. KIOSK CORE -means KIOSK Core or KIOSK CORE K-Nect. 2. License a. License Grant. Subjectto the terms of the Agreement, KIOSK grants to Client a worldwide perpetual, revocable (but only for breach), fully paid-up, royalty free, non-exclusive, non- transferable, non-sublicensable (except as otherwise permitted by the terms of this License Agreement), license to Use the Licensed Software. Such Use of the Licensed Software shall be restricted, except as otherwise provided in this License Agreement, to 25B-12 Use of the Licensed Software on the hardware on which such Licensed Software is first installed and to Use of the Licensed Software on any new hardware provided by KIOSK in the ordinary course of Client's business operation. b. Restrictions. Except as expressly stated in the Agreement, Client may not and shall not: (i) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make Error corrections to the Deliverables in whole or in part; (ii) make any derivative works based on the Deliverables, including but not limited to, by incorporating some or all of the Deliverables in another piece of software or by adapting or modifying the Deliverables to give it additional features or to allow the Deliverables to run on additional hardware and/or delete or remove the copyright notices, trademarks and numbers of KIOSK or any other attributes that identifies the Deliverables; (iii) work around anytechnical limitations in the Deliverables or exceed the number or type of scope of Use agreed to and paid for by Client; (iv) lease, sublicense, rent, lend, timeshare, distribute, transfer or assign the Deliverables or any portion thereof to any third party (including by operation of law, stock transfer or merger) without the prior written authorization of KIOSK; or (v) purposely use the Deliverables In violation of Applicable Laws. c. Ownership and Reservation of Rights. KIOSK is the sole and exclusive owner of all right, title, and interest in and to the Licensed Software (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the license expressly granted to the Client herein. Any rights not expressly granted to Client herein are reserved to KIOSK. d. "Software Rights" The following table sets forth Software ownership rights with respect to the Deliverables. Underlying Software used in Deliverables is subject to respective Party's Background IP Rights. 25B-13 Client owned Software (software Supplier (Kiosk) proprietary Software developed for Client underthe Agreement) licensed to Client as defined in Table 1 of the Development Statement of Work Web Portal - UI Skin - Assets that make up the custom Browser -based access to view user interface such as images and style - monitoring, alerting, transaction, sheets and analytics modules KIOSK Application Logic Layer (KALL) Host to aggregate individual modules expose as APIs for other applications to consume Client -side APIs and supporting logic Hardware Provider Layer (HPL) Hardware device status Monitoring & Alerting on device status 25B-13 25B-14 Client owned Software (software Supplier (Kiosk) proprietary Software developed for Client under the Agreement) licensed to Client as defined in Table 1 of the Development Statement of Work Hardware device status reporting Client -side & Server -side APIs and supporting logic Screens - Basic set of screens that provide Flow Definition - Specific definition of screen the functionality that supports a majority flows of user interactions that can be performed on a device (kiosk) Flow Logic Kiosk Application Logic Layer (KALL) Mechanism to define & leverage Integration -Custom code to consume KALL navigation for each screen that within the application. becomes the application flow Client -side APIs and supporting logic Transaction Storage and reporting of transactions that are performed at the device (kiosk) Client -side & Server -side APIs and supporting logic Analytics Storage and reporting of analytical data that occurs at the device (kiosk) Client -side & Server -side APIs and supporting logic Remote Monitoring Status of devices (kiosk level) Monitoring & Alerting on device status change Uptime reporting Client -side & Server -side APIs and supporting logic Authentication Access control for devices & users Client -side & Server -side APIs and supporting logic Licensing Assign & validate modules that the device and/or user has access to consume 25B-14 3. Maintenance a. Scope of Maintenance. During the Maintenance Term, KIOSK agrees to provide basic maintenance services in support of the Licensed Software product platform specifically identified on Schedule A ("Maintenance"). If no Licensed Software is listed on Schedule A, nothing beyond basic maintenance will be provided. Basic maintenance services shall consist of: 1 Error Correction. KIOSK shall be responsible for using all reasonable diligence to correct verifiable and reproducible Errors when reported to KIOSK in accordance with its standard reporting procedures. The Error Correction, when completed, may be provided in the form of a "temporary fix," consisting of sufficient programming and operating instructions to implement the Error Correction. ii The Client is responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Licensed Software and to obtain maintenance services from KIOSK. KIOSK will not be responsible for delays caused by events or circumstances beyond its reasonable control. iii New Releases. KIOSK may, from time to time, issue new Releases of the Licensed Software, containing Error Corrections and/or Updates, to Clients who generally have maintenance agreements in effect. KIOSK shall provide the Client with one (1) copy of each new Release for each copy of the Licensed Software being maintained under this License Agreement, without additional charge. KIOSK shall provide reasonable assistance to help the Client install and operate each new Release on a time and materials basis. Note: Some compatible and related software may be released by KIOSK and made available to the Client through additional purchases. After purchasing such software, updates to the compatible and related software may be provided forthe unit(s) covered under this Software License and Maintenance Agreement. b. Provision of Maintenance. If Maintenance is cancelled or expires, Client can only receive software updates via an incremental purchase of a software upgrade, subject to future terms and pricing. Once an incremental software upgrade is purchased, the Client will be afforded the opportunity to purchase a software license and maintenance agreement for the upgrade purchased. c. Fees and Expenses. The fee for Maintenance shall be 30% of license fee per kiosk or unit per year (as listed in Schedule A). Such fee is due and payable at the Effective Date and each renewal year of the Maintenance Term hereunder. Such fees do not include any applicable travel and living expenses for installation and training, file conversion costs, optional products and services, directories, consulting services, shipping charges, or the costs of any recommended hardware. The Client agrees to pay such fees and costs, when and as the 25B-15 Client owned Software (software Supplier (Kiosk) proprietary Software developed for Client under the Agreement) licensed to Client as defined in Table 1 of the Development Statement of Work Client -side & Server -side APIs and supporting logic 3. Maintenance a. Scope of Maintenance. During the Maintenance Term, KIOSK agrees to provide basic maintenance services in support of the Licensed Software product platform specifically identified on Schedule A ("Maintenance"). If no Licensed Software is listed on Schedule A, nothing beyond basic maintenance will be provided. Basic maintenance services shall consist of: 1 Error Correction. KIOSK shall be responsible for using all reasonable diligence to correct verifiable and reproducible Errors when reported to KIOSK in accordance with its standard reporting procedures. The Error Correction, when completed, may be provided in the form of a "temporary fix," consisting of sufficient programming and operating instructions to implement the Error Correction. ii The Client is responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware necessary to operate the Licensed Software and to obtain maintenance services from KIOSK. KIOSK will not be responsible for delays caused by events or circumstances beyond its reasonable control. iii New Releases. KIOSK may, from time to time, issue new Releases of the Licensed Software, containing Error Corrections and/or Updates, to Clients who generally have maintenance agreements in effect. KIOSK shall provide the Client with one (1) copy of each new Release for each copy of the Licensed Software being maintained under this License Agreement, without additional charge. KIOSK shall provide reasonable assistance to help the Client install and operate each new Release on a time and materials basis. Note: Some compatible and related software may be released by KIOSK and made available to the Client through additional purchases. After purchasing such software, updates to the compatible and related software may be provided forthe unit(s) covered under this Software License and Maintenance Agreement. b. Provision of Maintenance. If Maintenance is cancelled or expires, Client can only receive software updates via an incremental purchase of a software upgrade, subject to future terms and pricing. Once an incremental software upgrade is purchased, the Client will be afforded the opportunity to purchase a software license and maintenance agreement for the upgrade purchased. c. Fees and Expenses. The fee for Maintenance shall be 30% of license fee per kiosk or unit per year (as listed in Schedule A). Such fee is due and payable at the Effective Date and each renewal year of the Maintenance Term hereunder. Such fees do not include any applicable travel and living expenses for installation and training, file conversion costs, optional products and services, directories, consulting services, shipping charges, or the costs of any recommended hardware. The Client agrees to pay such fees and costs, when and as the 25B-15 services are rendered and the expenses incurred, as invoiced by KIOSK. KIOSK reserves the right to require prepayment or advance deposit for such additional charges or expenses in some instances. The Client is also responsible for sales or use taxes and state or local property or excise taxes associated with Client's licensing, possession, or use of the Licensed Software or any associated services. d. Annual Renewal. The Maintenance Term shall automatically renew at the end of the Term unless canceled by the Client prior to the end of the Term of this License Agreement . Client shall provide thirty (30) calendar day's written notification of its intention to cancel this Software License and Maintenance Agreement. e. Back -Level Support. KIOSK will use reasonable commercial efforts to maintain one prior back -level version of the Licensed Software. f. Cooperation of the Client. The Client agrees to notify KIOSK promptly following the discovery of any Error. Further, upon discovery of an Error, the Client agrees, if requested by KIOSK, to submit to KIOSK a listing of output and any other data that KIOSK may require in order to reproduce the Error and the operating conditions under which the Error occurred or was discovered. g. Exceptions. The following matters are not covered by Maintenance: i Any problem resulting from the misuse, improper use, alteration, or damage of the Licensed Software; ii Any problem caused by modifications in any version of the Licensed Software not made or authorized by KIOSK; iii Any problem resulting from programming other than the Licensed Software or equipment; iv Any problem resulting from the combination of the Licensed Software with such other programming or equipment to the extent such combination has not been approved by KIOSK; or v Errors in any version of the Licensed Software other than the most recent Release. 4. Limited Warranty KIOSK shall perform its services hereunder in a workmanlike manner. Notwithstanding the addition of any Error Correction, Update, or Release to the Licensed Software for purposes of the License Agreement, KIOSK's obligation to correct Errors in such additions shall be limited to the maintenance terms of this License Agreement. Notwithstanding the provisions of Section 13 of the Agreement, EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, KIOSK SHALL HAVE NO LIABILITY FOR THE Licensed Software OR ANY SERVICES PROVIDED, INCLUDING ANY LIABILITY FOR NEGLIGENCE; KIOSK MAKES AND THE CLIENT RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS LICENSE AGREEMENT OR ANY OTHER COMMUNICATION; AND KIOSK SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. S. Limitation of Liability; Exclusion of Consequential Damages IN NO EVENT SHALL KIOSK BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS LICENSE AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 25B-16 LOSS OF: BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA STORAGE, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF KIOSK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Default Should the Client fail to pay any fees or charges due hereunder or fail to carry out any other obligation under this License Agreement or any other agreement with KIOSK, KIOSK may, at its option, in addition to other available remedies, terminate this License Agreement or suspend Maintenance, provided that it first gives the Client thirty (30) calendar days prior notice in order to permit the Client to cure the Client's default. In addition, Maintenance will automatically terminate with respect to any copies of Licensed Software that are no longer regularly used by KIOSK Clients whether as a result of expiration or replacement of such versions with new Releases. 7. Notices All notices or other communications required to be given hereunder shall be in writing and shall be delivered by personal delivery, mail, courier, or facsimile to the address or facsimile number of the other party set forth in the Agreement. Notice shall be deemed given based on any one of the following notification methods: upon personal delivery; if sent by fax, with confirmation of correct transmission, on the next business day after it was sent; upon the courier's confirmed delivery if sent by courier; and if sent by mail with proper postage prepaid, five (5) calendar days after the date of mailing. A party may change its address for notice by delivering to the other party written notice. 8. Term and Termination; Survival a. Term. The term of this License Agreement (the "Term") shall commence on the Effective Date and shall continue until terminated as set forth herein. b. Termination. Either Party may terminate this License Agreement by delivering written notice thereof to the other Party in the event that such other Party breaches any material term or condition of this License Agreement and does not take action to cure such breach within thirty calendar days after receipt of written notice from the non -breaching Party, which notice shall specify the breach in reasonable detail. c. Termination by Client. Client may terminate the license grant in the Licensed Software at any time on 30 calendar days' notice to KIOSK. At termination of the license grant, Client will no longer use the Licensed Software in any way and will destroy all copies of the Licensed Software in its possession and have an officer of the Client certify to such destruction. d. Survival. The following shall survive the termination of this License Agreement: (a) provisions of Sections 7, 8 and 11, (b) any payment obligations of either party accruing prior to the effective date of such termination, and (c) any other provisions of this License Agreement necessary to interpret the respective rights and obligations of the parties hereunder 9. Governing Law. This License Agreement shall be governed by the laws of the State of Colorado and the United States as applied to agreements entered into and fully performed therein by residents thereof. 25B-17 10. Jurisdiction and Venue. Any action or proceeding arising directly or indirectly from this License Agreement shall be litigated in the state or federal courts located in Denver, Colorado. Bothparties consent to the jurisdiction of such courts. 11. Attorneys' Fees. The prevailing party in any action to enforce this License Agreement shall be entitled to recover costs and expenses, including attorneys' fees. 12. Modification and Waiver. This is the entire agreement between KIOSK and the Client relating to the subject matter hereof and it may be amended only by a writing executed by the Client and KIOSK. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter. Nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision. 13. Purchase Order Terms. The terms stated in this License Agreement are the exclusive terms regarding the Client's rights and obligations with respect to the services provided hereunder and the license to the Licensed Software. Any terms or conditions stated in any purchase order, acknowledgment or invoice shall be of no force and effect, and no course of dealing, usage of trade, or course of performance shall be relevant to explain or modify any term expressed in the License Agreement. The issuance of a purchase order and/ or payment of the license fee invoice by the Client shall constitute full and unconditional acceptance and acknowledgement of this License Agreement and its terms by the Client. 14. Language. The official version of this License Agreement is in the English language and this License Agreement will be construed in accordance with this version. Translations of this License Agreement into any other language are for the purpose of accommodation only and shall be of no legal effect. Signed for and on behalf of the below named authorized Representative thereof. Signed: {To be signed to engage KIOSK} By: Company: Kiosk Information Systems Title: Signed for and on behalf of the below named authorized Representative thereof. Signed: (To be signed to engage KIOSK) By: Company: Title: Date: Date: 25B-18 EXHIBIT "A -1(b)" LD Systems i City of Santa Ana Upgrade to Kiosk Core K-Nect Statement of Work Stacey Schramm Director, Strategic Solutions KIOSK Information Systems 346 South Arthur Avenue Louisville, CO 80027 858.272.1527, sschramm@kiosk.com KIOSK Information Systems www.kiosk.com August 28, 2017 Revision 1.1 25B-19 Upgrade to K-Nect Statement of Work This Statement of Work ("SOW") is made and entered into effective the 2017, by and between LD Systems ("LDS") and Kiosk Information Systems Inc. ("Supplier"). Below is the assessment of the workload, risk and timeframe for this development project. Team required for entire project, whose services are incorporate into the fixed pricing provided herein: • 1 developer 1 QA • ism This development engagement is based on two, 3 -week sprints= 6 weeks, +/-. The work defined below outlines the scope and the work necessary to upgrade the Santa Ana project to CORE K-Nect. AE Warranty & Field Service SOW 25B-20 Page 12 2;.`Irr Scope The backlog table defines the Services and functionality in scope for this SOW. 1 Product Backlog item 1 Retrofit Old Santa Ana APIs To Work Vhth K -Nett New 2 Bug 14 — — ------- APIs o -...-.--n New 3 Product Backlog Item Modify OLD SA Code To Work Wnh New Way of Sending Transact+ons To K -Nast New 4 Bug <---------> Transactions o--•---•--> New 5 Product Backlog Item FPL Integration. Printer New d Product Backlog item HPL Integration- Credit lard Reader New 7 Product Backlog Item f H.PL Integration -Barcode Scanner New B Product Backlog Item e HPL Integration • Bill Accepter Net+ 9 Product. Backlog Item ' kPt'Tr:iEd:5tA4FrCd,.'s.;jy¢Ipr New 10 Product Backlog Item ' HPI Integration - Coin: Dispenser New li Product Backlog Item HPL Integration - BBl Disperser New 12 Product Backlog Stem Alerts- Integrate into Nov, Santa Ana Version New 13 Bug ' <..........> Hwdware / Components / Alen <..........> New 14 Product Backlog item Create image Nnv 15 Product 836109 l•.em Wndows License Ne v 15 Product Backlog Item Imp!ementconig Changes New 17 Bug <------* Sokvare/Installs --- ------- New 18 Product Backlog item Creme ie•.t Users Navy 19 Product Backlog item Credit Card InIectien - V+ ah at APT {CEent Is ut) New 20 Bug ' <-------> Payment; & Prccessing <...».»_.> N -a 21 Product Backlog Item ' Create NEW AWS SA DaWbxs Nov 22 Bug <..........a Databases <....»....> New The following items are assumptions that may have impact on the scope of this Statement of Work. To the extent modifications are contemplated during the design, test or implementation phases based on the requirement in scope or the assumption made herein, then the parties will update the scope and cost of the SOW as required. Does not include hardware modifications AE Warranty & Field Service SOW Page 13 25B-21 L a�ytig- ,� a s ° 3 i. '4. Qevelopment & fiJcdnsingFees The development estimate is based on the In -Scope item and assumptions listed above. Estimated Development Sprints: 2 sprints = $69,600 (with a credit of $46,400). KIOSK will provide a credit back to the development project account of the City of Santa Ana in the amount of $46,400). Total net development costs = $23,200. KIOSK Information Systems CORE K -Nett License - One time license fee of $7,000. One time license fee, plus: $1,500 for each of three (3) years starting September 1, 2017 (annual period to run from September 1st through August 31st) + $540 for final 4 months (September, October, November, December - 2020) of forty (40) month contractual term (base term). Total net base term licensing, software support/maintenance costs = $12,040. (Additional $1,000 for optional six (6) month contract extension term covering January 1, 2021 through June 30, 2021, if exercised.) See Kiosk CORE K- Nect License and Maintenance Agreement for additional details. Kiosk Information Systems Advantage Exchange with Technician Hardware Warranty - One time warranty fee of $17,000. One time warranty fee covering three (3) years, starting September 1, 2017 (annual period to run from September 1st through August 31st) + $435 for final 4 months (September, October, November, December - 2020) of forty (40) month contractual term (base term). Total net base term warranty costs = $17,435. (Additional $2,550 for optional six (6) month contract extension term covering January 1, 2021 through June 30, 2021, if exercised.) Based on a development, licensing, software support/maintenance, and hardware warranty term of forty (40) months covering September 1, 2017 through December 31, 2020 (base term), the total extended net cost for KIOSK Information Systems services = $52,675. If exercised, the optional six (6) month contract extension term (optional term) cost - all services combined - is $3,550 and the maximum extended net cost of all services for the maximum forty-six (46) month contract term = $56,225. AE Warranty & Field Service SOW 25B-22 Page 14 VipS b a +LLy �e. • Y IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. LD Systems Kiosk Information Systems, Inc. Signature Signature By: Name By: Name Its: Title Its: Title Date Date AE Warranty & Field Service SOW Page 15 25B-23 25B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE FIRST AMENDED AGREEMENT WITH CARE AMBULANCE SERVICE FOR EMERGENCY TRANSPORTATION SERVICES (STRATEGIC PLANNO. 1, 5) �12, A, CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15'Reading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an extension with CARE Ambulance Services, Inc. for emergency transportation services for the period beginning September 20, 2017 through June 30, 2018 for an amount not to exceed $2,725,000, with a provision for a six-month extension (July 1, 2018 to December 31, 2018) exercisable by the City Manager and the City Attorney, in an amount not to exceed $ 1,752,000 subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 23, 2012, the Orange County Fire Authority (hereafter "OCFA"), on behalf of the City of Santa Ana, developed and issued a Request for Proposals ("RFP") for Fire/EMS Emergency Ambulance Transportation and Related Services through a phased approach. The first phase was a prequalification phase and the second phase was the evaluation, recommendation and selection process. The RFP announcement was sent to the Ambulance Association of Orange County and all licensed Orange County ambulance providers. During the second phase of the RFP, OCFA staff conducted a comprehensive evaluation and determined that CARE Ambulance Services, Inc. ("CARE") was most responsive to the City's needs, offered the best value, and provided the most exhaustive and robust response to the RFP requirements. Consequently, the City Council approved CARE to provide ambulatory services within the City beginning September 2012. Since September 2012, CARE has provided the said ambulatory services and as of the most recently completed calendar year generated the following statistics: 1. Response Times: a. Code 3 (life threatening) i. Target: Under 10 minutes, 93% of the time ii. Actual in 2016: Under 10 minutes, 98% of the time 25C-1 First Amended Agreement With Care Ambulance Service For Emergency Transportation Services September 5, 2017 Page 2 Code 2 (Non -life threatening) i. Target: Under 15 minutes, 93% of the time ii. Actual in 2016: Under 15 minutes, 98% of the time 2. Average Calls in 2016: a. All Calls: i. Annually: 21,421 ii. Avg. Monthly: 1,785 b. Code 3 (Life threatening) Calls: i. Annually: 1,113 c. Code 2 (Non -life threatening) Calls: i. Annually: 20,308 Additionally, CARE has worked in conjunction with the Orange County Fire Authority (OCFA) in order to provide effective emergency ambulatory services. Specifically, CARE operates seven (7) dedicated and fully equipped ambulances in accordance with all industry standards and requirements of the City of Santa Ana and OCFA, with full and complete backup services, if needed. Ambulance station locations are as follows: • Santa Ana Station One —1108 N. Harbor Blvd, Santa Ana • Santa Ana Station Two —1209 N. Broadway Street, Santa Ana • Santa Ana Station Three — 2701 Hotel Terrace Drive, Santa Ana • Santa Ana Station Four — 2913 Warner Ave, Santa Ana CARE has staffed certified Emergency Medical Technicians (EMT) at the above -referenced locations utilizing the same shift schedules as OCFA firefighters. Staffing of EMT with similar OCFA staffs allows for continuity and improved efficiency and effectiveness in providing emergency services to Santa Ana residents via a coordinated teamwork and cooperative strategy. At a minimum fourteen (14) EMT's are staffed per shift for the City. In addition, each EMT is licensed and qualified as an emergency ambulance driver, and have received over 160 hours of training along with multiple EMT courses. To ensure continuous knowledge and cutting- edge emergency services is provided, CARE has partnered with OCFA monitoring proper training and certification standards are adhered to and maintained by CARE EMT staff. As an added benefit, CARE is also the Ambulatory Services provider for surrounding Cities and also maintains partnership with local Emergency and/or Acute medical facilities. CARE has been able to leverage these partnerships to ensure residents and/or visitors of the City receive the necessary medical attention in a prompt and efficient manner. Given the significance of the emergency transportation services and in order to ensure that the City receives proposals from qualified and experienced 9-1-1 providers, OCFA has recommended that the City extend the current agreement through the conclusion of the current 25C-2 First Amended Agreement With Care Ambulance Service For Emergency Transportation Services September 5, 2017 Page 3 fiscal year to allow City & OCFA staff to develop a comprehensive RFP and subsequent selection process for future ambulance services. It is anticipated that the RFP will be issued prior to September 30, 2017 with evaluations taking place in January 2018. The recommended selection will be made in February 2018 and will then be brought to the City Council in the March/April 2018 time frame for approval. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #5 (Provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds in the amount of $2,725,000 are available in the Fire Suppression & Emergency Medical Services account (accounting unit 01115330-62300) for FY 2017-18. If it is determined that a further six-month extension is needed for July 1, 2018 through December 31, 2018, the funds will be budgeted for through the FY 18-19 budget process in amount not to exceed $1,752,000. lk AS TO FUNDS AND ACCOUNT: Frierrez � Executive Director Finance and Management Services Agency Exhibits: 1. Agreement with CARE SV: WH/AC 25C-3 25C-4 FIRST AMENDMENT TO EMERGENCY TRANSPORTATION AGREEMENT THIS FIRST AMENDMENT, made and entered into this V day of September, 2017, by and between CARE Ambulance Service, Inc., a California corporation, (hereinafter "CONTRACTOR"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"). RECITALS: A. CITY entered into an agreement (Agreement #A-2012-196, "said Agreement") with CONTRACTOR for the provision of emergency ambulance transportation services in the City of Santa Ana in accordance applicable federal, state and local laws and pursuant to the terms of CONTRACTOR'S proposal (the "Proposal") submitted by CONTRACTOR on July 9, 2012, pursuant to CITY'S Request for Proposals ("RFP") (Phase 2) issued June 14, 2012, as attached to and incorporated in said Agreement as Exhibit "B". B. The effective Term of said Agreement commenced 12 a.m. September 20, 2012 and covered an initial three (3) year contract period ending 12 a.m. September 20, 2015 with an option for up to two (2) additional one (1) year terms, exercisable by the City Manager and the City Attorney, made with the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract period. C. CITY, with the concurrence of the Orange County Fire Authority, exercised its option to extend said Agreement for additional one (1) year terms, respectively on September, 3, 2015 (A-2012-196-01) and again on August 11, 2016 (A-2012-196-02). The final extension of said Agreement shall expire 12 a.m. September 20, 2017. D. In order to develop a comprehensive RFP and selection process for future ambulance services, the parties wish to amend said Agreement to further extend the Term for an additional period commencing 12 a.m. September 20, 2017 and ending June 30, 2018 with an option for an additional six (6) month term ending December 31, 2018, exercisable by the City Manager and the City Attorney, upon the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract extension period ending June 30, 2018. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Emergency Transportation Agreement, the parties agree as follows: 1. Section 3. CONTRACT PRICE AND PAYMENT, shall be amended to increase the original agreed upon Contract Price as set forth in the Proposal by eight percent (8%) to compensate CONTRACTOR for providing continuing contractual services for 25C-5 the initial contract extension period commencing 12 a.m. September 20, 2017 and ending June 30, 2018, for a total additional contract amount not to exceed $2,725,000. CITY and CONTRACTOR further agree that in the event that CITY elects to exercise its option to extend said Agreement for an additional six (6) month term commencing July 1, 2018 and ending December 31, 2018 the Contract Price shall remain the same as applicable through the initial extension period ending June 30, 2018, for a total additional contract amount not to exceed $1,752,000. 2. Section 5, TERM, shall be amended to extend the Term of said Agreement for an additional period commencing 12 a.m. September 20, 2017 and ending June 30, 2018 with an option for an additional six (6) month term ending December 31, 2018, exercisable by the City Manager and the City Attorney, upon the concurrence of the Orange County Fire Authority based upon successful past performance by CONTRACTOR during the initial contract extension period ending June 30, 2018, unless terminated earlier in accordance with Section 6 of said Agreement. 3. Section 31, EXECUTION, the paragraph below shall be added to said Agreement as follows: This 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. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. {Signatures on following page) 25C-6 IN WITNESS WHEREOF, the parties hereto have executed this First 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:( .-� El Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONTRACTOR CARE Ambulance Service, Inc. Francisco Gutierrez Executive Director Troy Hagen, CEO Finance & Management Services Agency CARE Ambulance Service, Inc. Tax ID# 25C-7 25C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE AN AGREEMENT WITH SANTA FE BUILDING MAINTENANCE FOR POLICE DEPARTMENT JANITORIAL SERVICES {STRATEGIC PLAN NO. 1, 3} MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a three-year agreement with Santa Fe Building Maintenance for police and jail facility janitorial services, for the period of October 1, 2017 through September 30, 2020, in an amount not to exceed $1,637,289.84, which includes a $15,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 15, 2016, City Council approved a month-to-month agreement with Santa Fe Building Maintenance to provide janitorial maintenance services for the Police Administration and Jail facility until a new RFP process was completed. In addition, Council's direction was to advertise the RFP as a union -only solicitation. On February 14, 2017, the Police Department issued RFP #17-022 to select a vendor for a new three-year agreement. Fourteen contractors attended the mandatory job walk, and on March 15, 2017 five proposals were received. A team of staff from various City departments evaluated and rated each proposal. The scoring for each proposal is as follows: Firm Location Score Santa Fe Building Maintenance Chino Hills, CA 274 DMS Pasadena, CA 272 Merchants Building Maintenance Santa Ana, CA 269 ABM Irvine, CA 268 PBM Sun Valley, CA 265 The Police Department is recommending the City enter a three-year agreement with Santa Fe Building Maintenance. The agreement does include language that allows the City to negotiate a reduction to the scope of services as Jail operations are modified or reduced. Costs for Years 1- 3 are as follows: 25D-1 Agreement for Janitorial Maintenance Services September 5, 2017 Page 2 Year 1 484,891.20 Year 2 538,767.84 Year 3 598,630.80 Contingency 15,000.00 Total 1,637,289.84 Santa Fe is the Police Department's current janitorial service contractor, has performed well during the term of their agreement, and has been very accommodating the past three years. As a result of the new union -only solicitation, the City will be paying an additional 24% ($92,660) for the first year of the agreement when compared to current costs. Most Santa Fe employees will receive a 5-10% pay increase, a limited health plan, two additional sick days per year, two additional holidays per year, and up to two additional weeks' vacation per year, depending on years of employment. STRATEGIC PLAN ALIGNMNET Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds for this agreement are available in the Police Department Building & Facility Contract Services account (no. 01114403 62300) for the following fiscal years: FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 Vaferitln Acting Chief of Police Ana Police Department 363,668.40 525,298.68 583,665.06 164,657.70 1,637,289.84 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance & Mgmt. Services Agency �,l 25D-2 JANITORIAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 151 day of October, 2017 by and between Santa Fe Building Maintenance (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECTI'ALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing janitorial services to the Santa Ana Police Administration, Detention Facilities, and surrounding grounds. B. On February 14, 2017, the City issued RFP #17-022 for Janitorial Maintenance Services for the Santa Ana Police Administration and Detention Facilities and surrounding grounds. C. On March 15, 2017 a total of five responses were received to RFP #17-022 and Contractor ranked the highest. D. Contractor represents that Contractor is able and willing to provide such services to the City. E. 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. SCOPE OF SERVICES Contractor shall provide janitorial services for the Santa Ana Police Administration and Detention Facilities and surrounding grounds, as set forth in City's Janitorial Maintenance Request for Proposals #17-022, dated February 14, 2017, on file with at the Santa Ana Police Administration, of which section 1.0 through 9.0 are attached hereto as Exhibit A and Contractor's Proposal, dated March 15, 2017, attached hereto as Exhibit B and all exhibits are incorporated by reference. Also attached as Exhibit C is the Contractor's Salary and Benefits proposal. 2. COMPENSATION a. (1) 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 cost of this Agreement over the 25D-3 term shall not exceed $1,637,289.84 which includes a $15,000 contingency to be used at the City's sole discretion. The payment schedule shall be as follows: Year Monthly Rate Yearly Rate Year 1 $40,407.60 $484,891.20 Year $44,897.32 $538,767.84 Year 3 $49,885.90 $598,630.80 (2) Invoices shall be submitted by Contractor for payment on a monthly basis. b. Invoices: Upon delivery and receipt of invoice, the City shall pay thirty (30) days after date of invoice and upon the approval of services by the Police Administrative Manager or designee. Monthly invoices, submitted in duplicate, shall be mailed to: Robert Carroll Police Administrative Manager Santa Ana Police Department 60 Civic Center Plaza P.O. Box 1981 Santa Ana, CA 92702 3. TERM This term of this Agreement shall be for a three year (3)year period, commencing on the first date written above and terminating on September 30, 2020, unless terminated earlier in accordance'with Section 12 or 13, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 25D-4 a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim 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 canceled or reduced in coverage or changed in any 25D-5 other material aspect without thirty (30) days prior written notice to the City. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect 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 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 terns of, or effects arising from this Agreement, City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 infonnation 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 25D-6 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. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax number (714) 647-6956 With courtesy copies to: And Chief of Police Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax number (714) 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax number (714) 647-6515 To Contractor: Santa Fe Building Maintenance 25D-7 15644 Palomino Drive Chino Hills, California 91709 Fax number (909) 606-6469 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, any communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting fax machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto including the Request for Proposal referenced herein, 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 nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNiVIENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12. TERMINATION This Agreement may be terminated by either party upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Chief of Police may require Consultant to deliver to the City all work product completed as of such date, and in such case 25D-8 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they may apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. Contractor shall comply with Labor Code Sections 1060-1064, the "Displaced Janitor Opportunity Act." Among other things, this Act states that "a successor [janitorial services] contractor or successor subcontractor shall retain, for a 60 -day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and 25D-9 substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract." Contractor is advised to review the Act in its entirety. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City omey B ov Tamara Bogosian Assistant City Attorney RECOMNIENDED FOR APPROVAL: DAVID VALENTIN Acting Chief of Police CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager CONTRACTOR SANTA FE BUILDING MAINTENANCE By: Irineo Nunez 25D-10 General Manager Exhibit A REQUEST FOR PROPOSALS (RFP) FOR JANITORIAL SERVICES FOR SANTA ANA POLICE DEPARTMENT RFP 17-022 CITY OF SANTA ANA POLICE DEPARTMENT 60 Civic Center Plaza, M-95 Santa Ana, CA 92701 Liz Enriquez Tel: (714) 245-8074 Email: LenriauezCftanta-ana.orcl KEY RFP DATES: RFP Issue Date: ........................................ 2/14/17 Mandatory Pre -proposal Meetings: ........... 2/22117 — 09:OOam at Police Department ......•..................••.•.•..•..•............................2/22/17-10:30am at Southeast Substation ..................••••••....••...................................2122/17-11:30am at Westend Substation Proposal Due Date: ................................... 3/15/17 — 02:OOpm Proposal Evaluations: ............................... Week of 3/20117 Projected Award Date: .............................. 4118/17 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Janitorial Services for the City of Santa Ana Police Department. Responses to the Request for Proposals (RFP) will be accepted until March 15, 2017 at 2:00pm. If further information is required, contact Liz Enriquez — Property & Facilities Supervisor via e-mail at LenricuezCa Santa-ana.orci All notifications, updates and addenda will be posted on City's bid management and publications website at www.santa-ana.org/finance/vendor registration asp. 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. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted and shall be labeled as follows: CITY OF SANTA ANA PURCHASING DIVISION M-16 20 CIVIC CENTER PLAZA RM 429 SANTA ANA, CA 92701.4058 SEALED BID 17.022 BID DATE: February 14, 2017 BID DUE: March 15, 2017 by 2:0013M 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 Len rig uezCa santa-ana.org. The receiving time in the Purchasing Division, 20 Civic Center Plaza, Santa Ana, CA 92701 Rm 429, 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. Page 12 PO Janitorial Services RFP 17-022 25D-12 �h ry^3Y^j :{ i • �S CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR JANITORIAL SERVICES - VARIOUS CITY LOCATIONS TABLE OF CONTENTS 9_W= 1. INTRODUCTION .................................................................................................. 5 II. PERIOD OF CONTRACT..................................................................................... 5 III. OPTION OF RENEWAL....................................................................................... 5 IV. FISCAL NONFUNDING CLAUSE......................................................................... 5 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND ......................................... 5 VI. SCOPE OF SERVICES........................................................................................ 5 VII. GENERAL INFORMATION.................................................................................. 6 VIII. COORDINATION................................................................................................. 6 IX. CONTRACTOR RESPONSIBILITIES................................................................... 6 X. LICENSE REQUIREMENTS................................................................................ 6 XI. PROTEST PROCEDURES.................................................................................. 5 XII. INITIATION/KICK OFF MEETING........................................................................ 7 XIII. CITY BUSINESS LICENSE.................................................................................. 7 XIV. ADDENDA............................................................................................................ 7 XV. RULES FOR PROPOSALS.................................................................................. 7 XVI. PRE -PROPOSAL JOB WALKS (MANDATORY) .................................................. 7 XVII. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS....... 8 XVIII. SUBMITTAL INFORMATION AND DEADLINE .................................................... 8 XIX. SUBMITTAL REQUIREMENTS............................................................................ 8 XX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION ........................ 9 XXI. PUBLIC RECORDS & CONFIDENTIALITY.......................................................... 10 XXII. EX PARTE COMMUNICATIONS.......................................................................... 10 XXIII. CONFLICT OF INTERERST................................................................................ 10 EXHIBIT A SCOPE OF SERVICES................................................................................. 11 EXHIBIT FACILITY SECURITY RULES....................................................................... 27 EXHIBIT C PRICE SUMMARY FORM............................................................................. 28 EXHIBIT D DEFINITION OF TERMS............................................................................... 29 EXHIBIT E SAMPLE AGREEMENT................................................................................. 30-35 EXHIBIT F PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING ................ 36 EXHIBIT G OFFERERS REFERENCES.......................................................................... 37 EXHIBIT H PROPOSERS STATEMENT.......................................................................... 38 EXHIBIT I CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR ................ 39 EXHIBIT J RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE.......... 41 Page 13 PD JanitoAAsMeff 17-022 EXHIBIT K NONCOLLUSION AFFIDAVIT....................................................................... 44 EXHIBIT L SAMPLE ADDITIONAL INSURED ENDORSEMENT ..................................... 45 SEE SEPARATE ATTACHMENTS FOR THE FOLLOWING: ATTACHMENT 1 DRUG-FREE WORKPLACE POLICY ATTACHMENT 2 FLOOR PLANS Page 14 PDJanftpq�I.Ep LG 4 17-022 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR JANITORIAL SERVICES INTRODUCTION The City of Santa Ana invites proposals to establish a contract for janitorial services for the Police Department. Proposers are required to bid union wages and benefits for this contract. Refer to Section 3.3. it. 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 April 18, 2017 and may be adjusted as necessary. Ill. OPTION OF RENEWAL The term of this agreement may include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5%) of the total proposed annual contract amount 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. A performance bond is not required for this job. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Janitorial 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 applicable federal, state and local laws, rules, regulations, ordinances, and statutes. Page 15 PD Janitoria e�rj _JP67-022 VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at pre -proposal conference, negotiations with City, and/or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractors 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 Coordination by the awarded proposer with the City, other contractors, and agencies' staff may be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with staff at various facilities throughout the city. IX. CONTRACTOR RESPONSIBILITIES The selected Contractor will assume responsibilities for all services in its proposal. The selected Contractor 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 XI. In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess any appropriate license(s) in the classification specified in the Request for Proposals. Bidders may file a "protest" to an RFP with the City's Purchasing Department. In order for a Bidder's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City's website. Page 16 PD Janitorial Services RFP 17-022 25D-16 1. Clearly identify the specific irregularity or accusation; 2. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of protest. The decision from the Purchasing Manager, or his/her designee, is final and no further appeals will be considered. XII. INITIATION/KICK OFF MEETING The successful proposer will be required to meet with Police Administrative Manager or designee 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. XIII. 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. XIV. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal may result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on the City's bid management and publications website I, as set forth in the Request for Proposal. XV. 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. XVI. PRE -PROPOSAL JOB WALKS (MANDATORY) Three(3)mandato pre -proposal job walks are scheduled for this contract as follows: • February 22, 20147 at 9:OOAM — Santa Ana Police Department 60 West Civic Center Plaza, Santa Ana, Ca. 92701 Meet in the lobby. Public parking is available in the structure directly across from the Police Department, Parking Validation will not be provided. • February 22, 2017, at 10:30AM- Southeast Substation, 1780 E, McFadden #1146, Santa Ana, CA 92705 • February 22, 2017, at 11:30AM- Westend Substation, 3750 W. McFadden Unit 1, Santa Ana, CA 92704 Each contractor is responsible for their own transportation to the off-site locations. The tour will include a discussion of the project and an overview of the Department's expectations of the contractor awarded the bid. The tour will allow prospective bidders to ask questions of City staff Pag817 PD JanitoriaLSarvice=RFP�17-022 for clarification on any matter in the RFP. Questions and answers deemed to be of interest to all prospective bidders will become addenda posted on the City's bid management and publications website. It is the bidders' responsibility to check the site for that information and any other information pertinent to the bid. The City will make every effort to post the questions and answers within three (3) business days of the final tour. XVII. E-MAIL COMMUNICATIONSANDINTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's bid management and publications website. 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. All requests for such an interpretation must be made in writing via e-mail to the Buyer of record no fewer than live (5) business days prior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVIII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth in the Request for Proposals. Faxed and e-mail proposals will not be accepted. XIX. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. One (1) copy of the response to the RFP shall bear an original signature of a company official with the power to bind the company. B. Five (5) copies of the proposal photocopied on paper, in full. C. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent. D. 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 20 PAGES (excluding front and back covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. B. EXHIBIT C: PRICE SUMMARY FORM C. EXHIBIT F: PROPOSERS CERTIFICATION AND PROPOSAL ITEM PRICING D. EXHIBIT G: OFFERORS REFERENCES E. EXHIBIT H: PROPOSERS STATEMENT F. EXHIBIT I: CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR G. EXHIBIT J: RESPONSIBLE PROPOSER—SUPPLEMENTAL QUESTIONNAIRE H. EXHIBIT K: NON -COLLUSION AFFIDAVIT I. 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 Page 18 PD Janitorial Services RFP 17-022 2501-18 Police Administrative Manager, in his sole and absolute discretion, may authorize or deny any exceptions. J. 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 K. 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. 2) Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and sub -consultants who will be providing services. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3) Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. 4) Pricing: Complete the PROPOSAL PRICE SHEET EXHIBIT C. Pricing shall remain firm for the entire Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. City reserves the right to approve or deny any pricing adjustments. 5) Proposal Deposit (Bid Bond): Five -percent (5%) of the total proposed annual contract amount of the proposal item pricing. XX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Responsiveness of RFP (10%): Responsiveness to the RFP by providing all requested documents listed above, references, written procedures and cost offer. 2. Experience of Firm and Personnel (40%): a: Quality and quantity of proposed equipment and supplies to maintain Santa Ana Police Department at a level of acceptable cleanliness and 100% operational. b. Demonstrated service experience in maintaining governmental facilities and grounds. c. Quality and number of references that provide comparable services as requested. d. Process to provide qualified janitorial staff, Supervisors and Agreement Administrator. e. Experience of proposed Agreement Administrator and on-site Supervisor. 3. Pricing (50%). The proposals will be reviewed by a committee of City team members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. XXI. PUBLIC RECORDS & CONFIDENTIALITY Page 19 PD JanilodM-9 T§17-022 The California Public Records Act (Cal. Govt. Code Sections 6250 at seq.) mandates public access to government records. Therefore, unless information is exempt from disclosure by law, the content of any request for explanation, exception, or substitution, response to this RFP, protest, or any other written communication between the City and Proposer, shall be available to the public. The City intends to release all public portions of the proposals following the evaluation process at such time as a recommendation is made to the City Council. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. If Proposer believes any communication contains trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer's competitive position if disclosed, the Proposer shall request that the City withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. Proposer may not designate its entire proposal as confidential nor designate its Price Proposal as confidential. Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer's request, Proposer shall assume all responsibility for any challenges resulting from the nondisclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorneys fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City. XXII. EX PARTE COMMUNICATIONS Proposers and Proposers' representatives should not communicate with the City Councilmembers about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. XXIII. CONFLICT OF INTEREST The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 at seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable. Page 110 PD Janitorial Services RFP 17-022 2501-20 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES SCOPE OF SERVICES 1.0 INTRODUCTION 1.1 Description of Organization: The Santa Ana Police Department and Jail Facility opened in January 1997. The police facility is 240,000 square feet and the Jail is 160,000 square feet. The Police Department and Jail are 24-hour, 7 day a week operations. Over 600 employees work out of this state-of-the-art facility, which deals with daily normal police business, sensitive security issues, VIP tours, community oriented policing and many other law enforcement responsibilities. It is necessary to insure this facility maintains its high standards as a safe and healthy workplace, as well as sustains a continued superior professional appearance. Therefore, it is critical that the furnishings, fixtures and equipment be thoroughly cleaned in a quality manner and on a regular basis by the best possible janitorial maintenance organization. 1.2 Purpose: The purpose of this RFP is to generate proposals forjanitorial maintenance services that are required for those designated portions of the Santa Ana Police Department, Jail Facility, grounds, and off-site substations. Police Administration & Jail Facility: 60 Civic Center Plaza, Santa Ana, CA 92701 To be serviced (7) seven days a week. The square footage covered under this agreement is approximately 200,000 square feet in the Police Facility, 20,000 square feet in the Jail and 2,000 square feet in the firing range (which is located under the parking structure ramp). The parking structure and grounds equates to approximately 25,000 square feet total, all of which are also covered under this agreement. Southeast Substation: 1780 E. McFadden #1146, Santa Ana, CA 92705 To be serviced (3) three times per week. Refer to Section 5.4.5. Westend Substation: 3750 W. McFadden Unit I, Santa Ana, CA 92704 To be serviced (3) three times per week. Refer to Section 5.4.6. Facility floor plans are included as an attachment to this RFP to further define what areas are covered under this agreement. The general scope of services is listed below, with more specific detail included in the body of this RFP. Cleaning, disinfecting & descaling plumbing fixtures and associated areas Vacuuming and cleaning carpet, mats, wall/fumiture fabric and upholstery Cleaning non -carpeted floors Disinfecting furniture, fixtures, walls & partitions Cleaning HVAC vents, blinds, drapes and wall fabric General and high dusting, Page Ill PD Janitor250es2pt 17-022 Sweeping and trash pick-up for on-site parking, driveway and entry areas Pick up recyclables, bottles and plastic Windows, glass and mirror cleaning Rearranging furniture Refilling dispensers Emptying trash and ash can receptacles Waxing vinyl and tile floors Spot cleaning various surfaces Spray buffering & machine scrubbing hard floors Sweeping of patios, balconies and exterior areas Cleaning of food areas, microwaves and refrigerators Cleaning of fitness equipment Semi-annual wall clock battery replacement & time reset 1.3 Statement of Work: Proposer shall submit a specific work plan in the form of a detailed breakdown that will meet the Police Department's overall listed maintenance and quality objectives. The quantity of proposed work hours must be included in this breakdown. The proposer shall furnish all necessary labor, supplies, tools, uniforms, transportation, parking, and insurance required for the provision of required services. 2.0 STAFFING 2.1 Minimum Staffinq: The Santa Ana Police and Jail Facility have been utilizing private janitorial maintenance since it opened as a new facility in January 1997. Minimum staffing levels for Monday through Friday janitorial maintenance are one (1) On-site Supervisor, working eight (8) hours each day, (6) full time janitorial personnel, all working eight (8) hours each day, and three (3) Part -Time janitorial personnel, working four (4) hours each day. Weekends and Holidays staffing levels are three (3) janitorial personnel, all working (8) hours each day. There shall be (2) full-time staff assigned to the morning shift and (5) full-time staff assigned to the afternoon shift. All full-time staff assigned to Monday -Friday. 2.2 Hours: Monday -Friday: Morning Shift- 5:30AM-2:OOPM; Afternoon Shift- 2:OOPM-10:3013M Weekend & Holidays: 6:00AM-2:30PM 2.3 Key Personnel: It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to key positions. The Contractor shall be responsible for, but not limited to the following: 1. Adherence to schedules 2. Maintenance or replacement of cleaning equipment 3. Notify Police Administrative Manager or designee of personnel changes 4. Training of new personnel Page 112 PD Jan llOri5>fetvTZP 17-022 3.0 RULES OF OPERATION 3.1 Contractual Obligations: The City shall require certain contractual obligations, which may include, but are not limited to the following: Inclusion of Proposal: The proposal submitted in response to this RFP shall be a required part of the final agreement with the selected proposer. 3.2 Agreement: A resulting agreement shall include any written material made as part of your proposal. This material may include but is not limited to: answers to questions contained in this RFP, letters, telegrams, facsimile and product literature. 3.3 Closed Shop Agreement: Contractor agrees to provide union member only employees for the entire duration of the agreement. Union is defined as an organized association of workers, formed to protect and further the rights and interests of the worker. 3.4 Labor Relations: Contractor shall be responsible for its own labor relationships and shall negotiate and be responsible for resolving any and all disputes between itself and its employees or any union representing its employees. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying, will delay, or threatens to delay, the timely performance of services under this contract, Contractor shall immediately give written notice thereof to the Police Administrative Manager, or designee. It shall be the Contractor's responsibility to provide continuous services, without interruption, to all buildings and facilities specified herein throughout the term of the contract. In the event of a labor strike, Contractor shall provide the means, at Contractor's expense, to provide continuous services in full compliance with contract requirements. Failure to do so will cause the City to take whatever action is necessary to provide the services. If, in doing so, City incurs costs in excess of those that would have been paid to the Contractor for the same services, these excessive costs shall be paid by the Contractor. 3.5 Labor Regulations: The contractor shall comply with all applicable requirements of the California Labor Code, specifically Labor Code Sections 1060-1065, regarding displaced janitors. It is the Contractor's responsibility to review this legislation and be familiarized with its content accordingly. 3.6 Changes to Terms & Conditions• Proposers are to submit, as part of their proposal, any changes or modifications to the terms and conditions they may wish the City to consider. Proposers are encouraged to offer any other options, with the understanding that their proposal shall first address the RFP requirements. Options are to be identified as such. 3.7 Errors and Omissions: Proposer shall not be allowed to take advantage of any errors or omissions in the RFP. Full instructions will be given if such error or omission is discovered and called to the attention of the City in a timely manner. 4.0 OTHER GENERAL CONDITIONS 4.1 Point of Contact: The Proposer's on-site Supervisor or designee shall be the primary point of contact with the Santa Ana Police Administrative Manager or designee. During times when the Proposer's supervisor is not on-site, the point of contact shall be the Proposer's Agreement Administrator. The on-site Supervisor and Agreement Administrator shall be capable of communicating the English language (read and Page 113 PD Janito2102 23 17-022 understand), to facilitate a clear understanding between the Police Administrative Manager and designee. The Agreement Administrator, or designee, shall be available via cell phone during the Proposer's normal business hours. The Proposer shall provide an emergency telephone number that will be answered 24 hours a day, 365 days a year. The Santa Ana Police Administrative Manager or designee shall have authority to direct the Proposer's performance in matters relating to policy, information and procedural requirements. The Police Administrative Manager shall also monitor the Agreement and the performance of the Proposer. The Proposer's Agreement Administrator shall be responsible for management and coordination of the agreement and shall act as the administrative point of contact with the City. 4.2 Maintenance Requirements: The cleaning of all facility areas, furnishings, fixtures and equipment covered by this RFP shall be performed in a safe, complete, and scheduled manner for which each item and surface was designed. The work shall include preventive and corrective maintenance, cleaning, inspection, and notification. All services shall be performed in a manner that is minimally disruptive to normal facility operations. The Police Administrative Manager or designee shall approve any shutdown of areas or systems for maintenance in advance. The City reserves the right to seek services from other resources if the Proposer does not respond in the time frames described in the RFP to meet any maintenance work needed. The cost of such alternate services shall be deducted from the City's payment to the Proposer. 4.3 Work Priorities: In performing the work, the Proposer shall consider in priority order, the following items: 1. Occupant safety, which is the safety of staff, visitors, inmates, and other persons at the site. 2. Maintenance to be performed in a high quality manner to provide a clean and healthy workplace all the time. Proposer's furnished equipment shall be in good working condition at all times. Proposer's furnished cleaning chemicals, supplies, carts, and equipment shall be on -hand at all times to meet the needs of the cleaning staff and must be approved by the Police Administrative Manager or designee, and must be quality commercial brands. 4.4 General Security Requirements: The Proposer shall furnish identifiable uniforms and employee identification cards for their employees. Employees are required to wear uniforms and I.D. (see 4.5, 7), in plain view whenever working on-site. The Proposer, upon request by the Police Administrative Manager, shall remove from the premises employees who, in the opinion of the Police Department, have exhibited improper conduct or are not performing the work assigned. Employees shall be required to have a criminal record check and be approved by the Police Department's Personnel Division prior to working on-site. This also includes any "on call staff" used by the Proposer. 4.5 Specific Security Requirements: Personnel employed by the Contractor shall be competent, trustworthy and properly trained for the work requirements. The Contractor and employees shall be required to comply with all applicable regulations of the City, as directed, and full cooperation shall be expected and required at all times. The following security requirements shall be in effect at all times. Failure to abide by any of these items by any employee may result in removal from the facility and or criminal charges. Page 114 PD Jani+pyM`2 rjf P 17-022 Background Investigation- All Proposer's personnel who work in or visitlinspect (unescorted) the facility shall successfully complete a background Investigation conducted by the Santa Ana Police Department Personnel Division before beginning work. At least forty-five (45) days prior to an employee beginning work, the Proposer shall submit the following information to the Police Department Personnel Division: First Name, middle name, last name Date of birth Current residence address Photocopy of valid government issued photo identification Photocopy of valid Social Security Card Proof of U.S. citizenship or legal work status The Proposer shall Insure the employee candidate meets with the designated Police Department Personnel Division background investigator in a timely manner so the background process can begin. The Proposer shall be notified when the background has been completed, thus clearing the employee to begin work on-site. The Proposer shall be notified of any employees that are refused for employment within the facility. 2. Facility Security- During their first week of working on-site, the Police Administrative Manager or designee shall give each employee a copy of the Santa Ana Police Facility Security Rules (Exhibit B), which the employee will read and sign. This form shall be maintained by the Property Administrative Manager or designee. All tools, equipment, parts and other items used by the Proposer at the Jail Facility shall, at all times, remain in the direct possession and control of the Proposer's employees. Failure to adhere to these requirements, such as leaving a tool in an inmate accessible area, shall be considered a breach of security. This shall result in subsequent action by the Police Department, up to and including the removal of the involved Proposer's employee from the facility and/or criminal charges. 3. Facility Access- The Police Department front desk staff shall issue keys and access card to each on-site employee at the start of each assigned work shift. No issued keys or access cards shall be removed from the premises during the work day. Each employee shall return their issued keys and access card immediately at the end of their assigned work shift to the Police Department front desk staff. The Proposer's employees shall adequately secure the keys on their person while on-site. Items that become lost, missing, or stolen shall be immediately reported by the Proposer's employees or Supervisor to the Police Administrative Manager. The Proposer shall reimburse the Police Department for direct and indirect costs associated with re -keying any buildings or portions of buildings when the Police Department determines that a breach of security is a result of lost, misplaced, or stolen keys issued to the Proposer's employees. 4. Conduct- No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol or drugs, which fails or otherwise refuses to perform work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately. 2Pg51125 PD Janito © 17-022 5. Supervision- Contractor shall provide a supervisor who shall be present at all times during contract operations, and who shall be responsible for both conduct and workmanship of other employees. Said supervisor shall be able to communicate effectively in both written and oral English. Emplovee Parking- Free public parking is almost non-existent surrounding the police facility. There is a stadium parking structure across from the police facility, which charges an hourly, daily, or monthly fee for parking. Proposer shall be responsible for providing parking for their employees and paying any necessary fees. There is no on-site police parking available. New Employee Uniform- All personnel shall wear uniforms furnished by the Contractor at all times during the performance of this work. The Contractor's work force shall be neat and clean in appearance and shall wear a uniform with the Contractor's name and/or logo permanently affixed to it. Uniform shall consist of shirt and full-length pants. Color of the uniform shall be mutually agreed to by the Contractor and the Police Administrative Manager or designee. Employees shall wear a nametag and Department provided photo ID. Both shall be worn in plain sight, above the waist at all times while the employee is on City property. Contractor's employees are required to provide proper identification at the beginning of their shift every day. There is no exception to this requirement, which is to ensure only authorized Contractor employees enter ourfacilities. 8. Removal of Staff- The City requires the Contractor to remove any Contractor personnel from City property who are deemed careless, incompetent, insubordinate, objectionable, or whose continued employment on the job is deemed to be contrary to public health, safety and welfare. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, the Contractor shall remove that employee from all work under this contract. 9. Backup Staff- The Contractor shall provide sufficient backup staff to cover absenteeism or extend existing work force hours to compensate for absent staff. 4.6 Employee List: The Contractor shall provide to the Police Administrative Manager or designee and accurate list of all personnel who have any relationship to work performed within the scope of this contract. List data shall indicate the following: a) First and Last name of employee b) Phone Number c) Title d) Shift/Work hours Changes to the list shall be reported, in writing to the Police Administrative Manager or designee. Page 116 PD JarMple'TP 17-022 5.0 SCOPE OF SERVICES, EQUIPMENT & SUPPLIES 5.1 Eguipment & Supplies Furnished by Proposer: The Proposer shall provide all cleaning appliances, tools, (i.e.: vacuums, mops, carts, floor polishers, ladders, signs, etc.) and all cleaning chemicals, urinal screens and cakes, rags, sponges, vacuum bags, trash can liners, soap -dispensed cleaners, sanitary napkins, and miscellaneous supplies. All supplies will be ordered and delivered in a timely manner. The contractor shall furnish and maintain all equipment necessary for properly maintaining the Police Department and off site substations. The contractor shall provide an equipment inventory list, identifying all equipment by age and condition to provide the services required by this contract. Any equipment determined to be in poor condition or inoperable, must be replaced immediately, at the contractor's expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination. All cleaning supplies, materials, and tools used in the performance of this contract shall be of good commercial quality, suitable for the purpose intended, and shall provide results necessary to provide the high standards of cleanliness required under this contract. All cleaning processes used shall meet high standards of safety and effectiveness for commercial applications in high traffic areas and shall not damage the facilities being cleaned Trash can liners shall be black in color. To insure proper strength to avoid leaks and spills, liners shall be a minimum of 1.0 mil thick for 39 gallon or less receptacles and a minimum of 1.25 mil thick for liners 40 gallons or more. Carpet warranty specifications, marble and granite warranty specifications, and occupant health mandate the following vacuum, floor scrubber, and carpet extractor equipment specifications (no substitutions). All HEPA filter replacements, vacuum bags, floor bushes and pad holders, scrubbing and polishing bonnets, and associated items, attachments and solvents/cleaners shall be furnished by the Proposer. 1. Approved upright vacuums: Vacuum Cleaner Pacer 112 UE with HEPA filtration or equivalent 2. Approved canister vacuum: Mighty Canister Vacuum or equivalent Approved wide area vacuums: Nitfisk Advance Carpetriever 28 or equivalent a. A total of eight (8) new upright vacuums, three (3) new canister vacuums and three (3) new wide area vacuums shall be supplied by the Proposer for the on-site staff to use on a full time basis, the day the initial contract begins. Four (4) new upright vacuums, one (1) new canister vacuum, and one (1) new wide area vacuum shall also be supplied by the Proposer at the start of each subsequent contract renewal year. 4. Carpet Extractor: One (1) self-contained hot water extractor shall be supplied and used for any carpet cleaning, with a minimum of 20 gallon capacity, 100 psi water pressure through the injection nozzles, a reel -type soft bristled agitation brush and a water lift of 130 inches. Make and model shall be submitted before the initial contract begins, by the Proposer for approval by the Police Administrative Manager, but must meet the above specifications. 5. Automatic Walk Behind Floor Scrubber: One (1) self-contained automatic walk behind floor scrubber battery operated shall be supplied by the Proposer page PD Janito 17-022 for the on-site staff to use on a full time basis, the day the initial contract begins. a. Nitflisk Advance Convertamatic 28 or equivalent 5.2 Items Furnished by City: The only items furnished by the City shall be the supply of paper towels, toilet paper, and toilet seat covers. Items shall be located on the loading dock. 5.3 Specific Maintenance Tasks 5.3.1 Daily Cleaning and Disinfecting of Drinking Fountains and Sinks: Remove all obvious soil, streaks, smudges, etc., from the hardware, including the spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sink (sink refers to all sinks in coffee rooms or lounges too) shall be free of streaks, stains, spots, smudges, scale, and other removable soil. Oil is not to be used to polish metal fixtures. If needed, lime away or a similar product shall be used to eliminate water build-up. 5.3.2 Daily Cleaning and Disinfecting of Wash Basins, Toilets. Urinals and Showers: Apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers and adjacent surfaces. Dry all metal surfaces of faucets, handles, valves, etc. Shower wall, floor and soap scum, mold and mildew shall be removed daily and drain screens cleaned of hair and lint, Oil is not to be used to polish metal fixtures. 5.3.3 Daily Cleaning of Entrance Mats: Remove moisture, wet or dry soil, and any debris from carpeted entrance mats. Ensure mats are properly positioned on the floor. 5.3.4 Daily Cleaning of Floor Drains: Clean all floor drains and remove corrosion and tarnish. 5.3.5 Daily Vacuuming of Carpets: Remove visible and hidden soil and debris from the carpet surface and from within the carpet tile. Chairs, trash receptacles, power cords, boxes, and other such items shall be tilted or moved when necessary. Special attention shall be paid to corners and along walls, under and between furniture, to insure carpet is thoroughly cleaned in all areas. The carpet shall be free of all visible soil and liter. For noise reduction, which is essential to the 911 emergency police dispatch operation, the built-in vacuum system supplied by the police Department will be used when vacuuming the Police Communications area. 5.3.6 Floors: Remove soil, hair, dust and debris from non -carpeted floors. Trash receptacles and other such items shall be moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be damp mopped. Care shall be taken to prevent splash and mop marks from being visible on furniture legs, doors, etc., "Caution —Wet -Floor" signs shall be placed so as to provide sufficient safety measures. After a floor has been damp mopped, it shall have no puddles water and be free of soil, stains, debris, streaks, and swirl marks. All wet floor signs shall be removed and put away after the floor surface is dry. 5.3.7 Daily de -scaling of Toilets and Urinals: Remove scum, mineral deposits, rust stains, etc. 5.3.8 Daily Disinfecting of Furniture, Fixtures, Walls, & Partitions within Restrooms, Lunchroom, and Locker Rooms: Damp wipe and disinfect all non -wood hard surfaces of furniture, fixtures, walls, partitions, doors, and lockers. Special care shall Page 118 PD Jan 2SDviefFP 17-022 be taken to insure these surfaces are not scratched, damaged, or stain. 5.3.9 Daily Vacuuming of all Fabric Furniture Surfaces: Remove all dust, lint hair, litter, and dry soil from all fabric surfaces of chairs, couches, work station partitions, and other furniture with a fabric covering. 5.3.10 Daily Dusting of Locker Tons: Dust locker tops in dressing areas, storage rooms, locker rooms and maintenance areas. 5.3.11 Daily Dusting of Building Surfaces: Remove all dust, lint, litter, dry soil, etc., from the surface of ledges, window sill, locker tops, and fire extinguishers. This shall also be done for computer tops, wall and door frames and sills, light switches, pictures, partitions, rails, and other types of fixtures and surfaces which are not considered to be furniture surfaces. This also applies for specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface, up to nine (9) feet in height. Dusting shall be accomplished by the removal of soil from the area- not by moving it from one surface to another. This includes the cleaning of the atrium wood ledges. Dusting shall be completed using micro dusting wipes. 5.3.12 Daily Emptying of all Trash and Ash Receptacles: All waste baskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their initial location. Boxes, cans, papers, and other containers marked "TRASH" (or are obviously trash) shall be removed. All waste from such receptacles shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. All recycle bottles and plastics will be picked up. 5.3.13 Daily General Cleanup: Remove any found litter and clean unsightly soil from building, fixtures, walls, door frames, and surfaces. Remove any spilled liquids or solids. . Remove carpet stains. Pick up abandoned lunchroom trays or utensils and deliver them to the lunchroom. 5.3.14 Daily Rearranging of Furniture: All furniture moved by the Proposer's employees during the performance of services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs shall be moved so cleaning can take place underneath them and then they shall be returned to their appropriate location. 5.3.15 Daily Refilling of Dispensers: Check and refill each toilet paper dispenser, soap dispenser, paper towel dispenser, toilet seat cover dispenser, and feminine hygiene product dispenser. The supplies shall be placed in the dispensers in accordance with the directions of the supply and dispenser manufacturers. Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall be taken not to damage, dent or bend the dispenser. 5.3.16 Daily Removal of Carpet Chair Upholstery & Panel or Wall Fabric Stains: Clean all stains as quickly as they are found, so as not to allow them to set into the fabric. If the stain is a coffee spill, use product similar to Interface Coffee Breaker (supplied by Proposer) and follow manufacturer's recommended procedures. Do not extract or blot. Simply spray affected area. 5.3.17 Daily Replacement of Trash Receptacle Liners: All soiled or torn trash receptacle liners shall be placed with a new trash receptacle liner. The liner shall be replaced in such a manner as to present a neat uniform appearance. Soiled trash liners are not to be reused. Pa ai 19_ PD Janito =�G4 17-022 5.3.18 Daily Soot Cleaning of Building Surfaces, Furniture and Fixtures: Remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges., windows, vending machines, partition glass, window sills, fire extinguishers, counter tops, walls, doors, door frames and sills, pictures, partitions, rails, and other type of fixtures and surfaces. This includes all items from the floor surface to 11 feet in height. Care shall be taken not to permanently mark, scratch or discolor the surfaces. 5.3.19 Daily Soot Cleaning of Trash Receptacles: Remove nonpermanent stains and soil from the Interior and exterior of trash receptacles. 5.3.20 Daily Cleaning of Outside Patios, Parking Structure, Balconies. and Building Entryways (both in front of Police Facility & Jail): Remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. Sweep the two (2) fourth floor patios and wipe down their handrails and railings. Sweep or hose down the paver area outside the Community Room entrance and wipe down the handrails outside the PD lobby, Jail lobby and Community Room. Remove any litter, cigarette butts, or bird droppings in these areas too. Sweep the entryways to the PD and the Jail, including the employee entrance. Remove any visible debris along the edges of the planters located outside the front of the PD and Jail facility. Remove any visible trash on the floor from the parking structure, around parking stalls, and fuel pump area. 5.3.21 Daily Cleaning of Entrance Glass. all Glass Mirrors and Soot Cleaning of Office and Workstation Glass: 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 tape. Clean all mirrors in restroom, locker rooms, and fitness center in the same manner as above. Spot clean office and work station glass as needed on a daily basis. Clean glass entrance doors to Police facility and Jail at least twice daily. 5.3.22 Daily Cleaning of Microwave Ovens: Clean inside and outside of all microwave ovens, removing crumbs and spills. 5.3.23 Daily Emptying of Trash in Outside Patios, Balconies, and Entry Door Areas (including the exterior front of the PD. Community Room, Jail, and assigned parking areas): Empty trash receptacles and smoking urns in patio, balcony areas, and parking areas. Clean receptacles as needed each time. This includes receptacles that may be placed outside any entry doors, such as outside the front of the police department, jail and police community room, employee north entrance areas. 5.3.24 Daily Breakdown of Cardboard Boxes: Cardboard cartons are to be broken down flat and put into the proper trash container, including any boxes on the loading dock. 5.3.25 Daily Spot Cleaning of Ceilings: Remove any toilet paper, cobwebs, dust buildup and other debris from the ceiling, ceiling vents and ceiling light fixture holders. 5.3.26 Daily Dusting of Walls and Ceilings: Remove all dirt, lint, litter, cob webs, dry soil, etc., from walls and ceilings. 5.3.27 Daily Cleaning of Wood Furniture: Care shall be taken not to scratch or mark wood surfaces, while insuring that they have been thoroughly cleaned. 5.3.28 Daily Cleaning of Fitness Center Exercise Equipment: Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side rails Page 120 PD Jan'25b v—,i "FP 17-022 of the treadmills, as well as the consoles on all treadmills and other machines to remove sweat and stains. Clean tops of any rubber mats and under each treadmill by extra -vacuuming up the dust and black motor powder. 5.3.29 Daily Safety and Precautionary Measures: Secure work area and equipment to prevent passage by the general public and City staff, and denote it as such. Work area and equipment shall stay under that condition until work is complete, equipment is vacated, and passage is safe by the general public and Police Department employees. The proper quantity and type of safety signs, such as "caution wet floor shall be placed by the Proposer's employees every time conditions exist that warrant such signs. Signs are to be picked up and stored in the proper janitor room once the condition no longer exists to warrant such signs. 5.3.30 Daily Clean Up of Loading Dock: Daily sweep loading dock area and remove accumulated debris. 5.3.31 Weekly, Clean Two (2) Police Lunchroom Refrigerators: (One refrigerator — on Mondays, one refrigerator — on Fridays). Clean interior and exterior of refrigerator surfaces. Dispose of all food and temporary containers. Do not dispose of permanent containers, such as those made of glass or metal. 5.3.32 Weekly Spray Buffing of Hard Floors: Clean and restore a uniform gloss 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, glossy appearance, free of scuff marks, heel marks, and other stains, and shall be removed from baseboards, furniture, trash receptacles, etc. 5.3.33 Weekly Dusting of Blinds and Draoeries: Clean all blinds, shades, and draperies. Care shall be taken not to spread dust into the air. 5.3.34 Vents: Clean all HVAC vents and area immediately surrounding them. Dust all atrium ledges at the glass/wood railing areas and at the atrium stairs. Dust lunchroom drywall ledges. Care shall be taken not to spread dust into the air. 5.3.35 Weekly High Dusting: Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the top of the floor. This includes lights, grills, light fixtures, pipes, sprinkler system, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. Dust free products shall be used such as micro fiber dusting rags. 5.3.36 Monthly Cleaning/Dusting of Trophy Cases: Remove items from trophy cases located on the 151 and 2" floor; wipe down in, shelves, interior/exterior of glass doors. 5.3.37 Monthly Machine Scrubbing of Glazed Tile and Stone Floors: Deep cleaning to be performed in a manner to remove heavy stains, mildew and mineral deposits from the surface. After scrubbing, the surfaces shall be rinsed thoroughly to remove all remaining cleaning solution. After cleaning, the floor and grout shall have a uniform appearance free from film, minerals, deposits, corrosion stains, etc. Areas not accessible with the buffer shall be manually scrubbed with an abrasive pad. Apply sealer to tile areas, after machine scrubbing except in shower areas, 5.3.38 Quarterly Re -Waxing Vinyl & Tile Floors: If there are black marks, marks from chair glides, or imbedded soil in the finish, they shall be removed before re -waxing. A °23 PD Janit 17-022 uniform coat of approved floor finish shall be applied. After the finish has dried, the appearance shall be uniform with no visible stress marks, swirls, etc. Remove all stripping or detergent solution from the baseboards, door, or other non -floor surfaces and in adjacent spaces. 5.3.39 Quarterly Carpet Cleaning: Carpet cleaning is usually done on a quarterly basis, coordinated through the Police Administrative Manager to determine exact cleaning locations. Care shall be taken to insure the carpet is thoroughly cleaned and dry prior to opening the area up to foot traffic. 5.3.40 Quarterly Cleaning/Wipe-down of Vehicle Storage Lockers: Wipe down the outside lockers of any dust, dirt, or debris. Care shall be taken not to spray any cleaning solution or water directly into the lockers through the open slots. 5.3.41 Strip and Refinish Tile Floors (as needed): All non -fixed furnishings such as tables, chairs, desks, trash receptacles, storage containers shall be removed prior to stripping unless exempted by the City. Remove all removable marks, heel marks, scuff marks, rust stains, gum and other types of stains and soil. Manual scrubbing devices shall be used in areas inaccessible to the floor machine. 5.3.42 Bi -Annual Window Cleaning: Completely remove dust, cobwebs, smudges, tapes, oil film and other types of soil from all interior windows and partitions. Remove drip and splash marks from all adjacent surfaces. Glass in open space and office partitions, entry glass doors and entry area glass panels are included in this project (including police facility & Jail facility). The two (2) atrium skylights in the ceiling of the police facility, Community Room and Lunchroom skylights, and the exterior of the facility windows are not included in this project. 5.3.43 Daily Cleaning of Lunchroom: The entire police lunchroom, including cashier, restrooms, eating areas, vending machines, hallway, glass and painted doors, and refrigerators are all included in this contract. Areas should be cleaned so grease, dirt, food particles, trash and other litter are thoroughly cleaned and removed from surfaces. This area needs to remain a healthy and clean environment on a daily basis. 5.3.44 Weeklv Hose Wash and Trash Pick Up of Exterior Canine Kennel, Trash Compactor Area, and Loading Dock: Using department supplied hose, wash down area into floor drain. Pick up trash. 5.3.45 Stairwells: As needed clean/mop the four cement stairwells located at each corner of the PD Facility. 5.3.46 Dusting and cleaning of other areas as requested: there are several mobile shelving units throughout the Administration building that may require dusting as requested by supervisor. 5.4 Specific areas to be maintained 5.4.1 Jail Facility (on a daily basis) First Floor- Medical Offices- 1 H112, 1 H114 and 1 H115 Central Control Room and 1 employee restroom Kitchen Restroom 1 B and 1 C Booking (employee area only) Booking area restrooms 1 D and 1 E Attorney Visitation Watch Commander's office Page 122 PD Jant 81tr3V 17-022 Exterior Jail Sally port Second Floor- All of Jail lobby and 2 public restrooms Exterior entrance area Room #2144 Jail Administrator Room #2145 Jail Manager Room #2149 Jail Manager Jail Briefing/roll call room and 1 employee hallway restroom All of Records and Administration areas including 2 restrooms, hallways and coffee car area, conference room Visitor Hallway Sally port hall and release vestibule (exterior and interior) Third Floor- Medical Offices- Room #3H108, 31-1109 Citizen visitation area, including visitor elevator Staff Restroom 3A Room #3H110 Fourth Floor- Medical & Dental Offices- Room #4H108, 4H109 Citizen visitation areas Staff restroom 4A 5.4.2 Police Facility- day use areas First Floor- Room #1113 K-9 Office Room #1159 Building Maintenance Office on Loading Dock Roll -Call Room Room #1219 Property & Facilities Division Commander Men's and Women's locker rooms, rest rooms West men's and women's restroom Second Floor- PD Lobby Room #2136 Patrol Bureau Commander Room #2119 Press Information Officer Room #2122 District Commander Room #2124 District Commander Room #2125 District Commander Room #2128 District Commander Room #2130 Professional Standards Commander Room #2175 Traffic Division Commander Room #2172 Records Manager Room #2161 Station Supervisor Room #2163 Watch Commander Sgt. Office Area West men's and women's restroom Lobby men's and women's restrooms Lunch Room Report Room Hallway between report room and Record's officer counter Records Evidence office area and viewing room Third Floor- Room #3160 District Investigations Division Commander Room #3213 Investigations Bureau Commander Room #3167 CAP Division Commander Special Investigations Area West men's & women's restrooms Fourth Floor- Room #4171 Chief of Police Area: Chief's Office, & restroom, conference room and administrative, clerical and copier areas, and Intelligence Sergeant's Office Page 123 PD Janittl25M 17-022 Room #4164 Room #4166 Room #4167 Room #4168 Room #4160 Room #4162 Room #4156 Room #4151 Room #4157 Computer Services Manager Room #4146 Fiscal office area: file room, Fiscal officer and employees Room #4131 Computer office Room #4155 Crime Analysis Room #4159 Personnel interview room Room #4116 Vacant Room #4119 Communication Division Commander, 2 restrooms, break room, 911 area Room #4224 Training Division Commander Room #4227 Video training area: four (4) rooms Room #4212 Driving simulator room Room # Arrest & Control Training Center Room #4244 Area: seven (7) Professional Standards offices, conference room, file room and reception area 5.4.3 Police Facility- high use areas First Floor- All of Men's and Women's locker rooms, restrooms, showers, and sleep centers. Bruce R. Carlson Fitness Center and aerobics room Hallway Room #1119 Roll -Call Room Men's and Women's west side restroom Exterior parking lot and both levels of parking structure 2 Atriums Second Floor- Room #2114 Patrol conference room Suspect interview rooms and mug/print rooms Room #2145 copier room Room #2161 Station Supervisor & juvenile holding rooms Room #2162 Watch Commander's administrative office Room #2163 Watch Commander Main north/south patrol carpeted hallways All of Police Records and Front counter area Lobby and two restrooms Officer report room Hallway to lunchroom Lunchroom and two restrooms Community Room, foyer, and two restrooms Third Floor- Men's and Women's west side restrooms Fourth Floor- All of Communications Division,. including office, break room, two restrooms, hallways, and TRU are. 5.4.4 Police Facility- general areas All areas highlighted on floorplans, attached to this RFP 5.4.5 Southeast Substation- is to be cleaned three times per week (Mondays, Wednesdays, and Fridays) and cleaning shall consist of emptying out trash cans, Page 124 PD Jan2rg EhrviT4FP 17-022 wiping down work stations, vacuuming and dusting. Hours for this location are flexible. 5.4.6 Westend Substation- is to be cleaned three times per week (Mondays, Wednesdays, and Fridays) and cleaning shall consist of emptying out trash cans, wiping down work stations, vacuuming, cleaning the restroom, and dusting. Hours for this location are flexible. 5.5 Staffing 5.5.1 Staffing Requirements- The Proposer shall insure the specified work hours be met at all times. A detailed staffing plan shall be submitted as part of the proposal. Please include,plan for Monday -Friday and also weekends and holidays. 5.6 General Work Schedule (Subject to change) 5.6.1 Jail Facility: All Jail areas shall be cleaned between 6:00 AM and 10:30 PM, seven (7) days a week including Holidays. 5.6.2 Police Facility- areas listed in section 5.4.2: Shall be cleaned between 5:30 AM and 2:00 PM, five (5) days a week (Monday -Friday), excluding Holidays. 5.6.3 Police Facility- areas listed in section 5.4.3: Shall be cleaned between 2:00 PM and 10:30 PM, seven (7) days a week, including Holidays 5.6.4 Police Facility- general areas highlighted on floorplans: Shall be cleaned five (5) days a week (Monday -Friday) excluding Holidays, between 2:00 PM and 10:30 PM. 5.6.5 City Holidays: Shall be the dates designated by the City to be City holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Holidays falling on weekend days may affect the observance day for the Holiday. The Police Administrative Manager shall supply actual dates of City Holiday's to the Proposer at the start of each calendar year. 6.0 QUALITY CONTROL 6.1 Quality Control Program: Shall be submitted as part of your proposal and shall include at a minimum, the following: 1. Monthly inspection system covering all the services listed in Section 5 of this RFP. it shall specify each office, room and/or general area listed in this RFP and its observed state of cleanliness. 2. Methods for identifying and correcting and correcting deficiencies in quality of service. Page 125 PD JanitoA;#16V..2ST& 17-022 3. Proposer shall maintain a file of inspections conducted and when applicable, take corrective action. A copy of each inspection and documented corrective action shall be delivered to the Police Administrative Manager within seven (7) calendar days from the date of inspection. This collected data shall become part of a general database used by the proposer as a basis of establishing and modifying maintenance procedures. 6.2 Quality Assurance: The Police Administrative Manager or designee shall monitor the Proposer's performance using the agreed upon inspections, standards and schedule as outlined in this RFP. The Police Department staff shall conduct facility inspections and cleaning deficiencies will be noted. A copy of this facility inspection shall be given to the Proposers on-site supervisor within seven (7) calendar days of the inspection to allow for correction of any noted areas not being cleaned to the levels described in Section 5 of this RFP. If continued deviation from performance standards occur and Agreement Discrepancy Letter shall be prepared by the Police Administrative Manager and issued to the Proposer. Upon receipt of an Agreement Discrepancy Letter, the Proposer shall respond in writing to the Police Administrative Manager or designee within five (5) business days acknowledging the reported problem and presenting a program for immediate correction or presenting contrary evidence. 7.0 ANCILLARY FACILITY INFORMATION 1. There are approximately 725 police department and jail facility perimeter windows to be cleaned (interior of the window only). 2. There are approximately 445 workstations and office desks throughout the police department and jail. 3. There are 10 restrooms in the Jail. 4. There are 23 medium to small restrooms to be cleaned seven (7) days -a -week within the police facility. 5. Trash cans: There are approximately 512 office/workstation areas that contain 10"W x 10"D x 15"H size bullet shaped trash cans. There are approximately 115 Peter Pepper 18"D x 31"H fiberglass receptacles with 11 W openings throughout the interior of the facility. Other open office areas, exterior parking and exterior visitor areas contain 40 Rubbermaid and 55 gallon round Brute trashcans. 8.0 PRICE PROPOSAL Proposers shall provide monthly and fiscal year pricing, using the attached Cost Summary From, for janitorial maintenance services. Proposers shall submit all pricin-g separate from the other elements of their proposal and they should be properly sealed. (Note: The City accepts only F.O.B. Destination Santa Ana, California). 9.0 ESCALATION CLAUSE The City requires bonafide proof of cost increases prior to any price escalation adjustment, including any state mandated minimum wage increases. A minimum thirty (30) days advance notice in writing is required to secure such adjustments. No retroactive pricing adjustments shall be considered. The City shall enforce, adjust, or cancel escalating price agreements as it sees fit. The net dollar amount of profit shall remain firm during the period of this agreement. Adjustments increasing the proposers profit shall not be allowed. Page 126 PD Ja129f Vj3_'5 P 17-022 EXHIBIT B SANTA ANA POLICE DEPARTMENT FACILITY SECURITY RULES All contract personnel, including janitorial staff shall adhere to the following rules. 1. Do not admit any person into the police or jail buildings or onto the fenced and gated grounds. 2. Never enter any inhabited or locked areas that contain arrested individuals and always follow the security directions of all police and jail staff. 3. No weapons, drugs, alcohol, pornographic material or other contraband are permitted on facility grounds. 4. You are subject to search, if any police officer or correctional officer deems it necessary to insure facility security rules are being followed. 5. No casual contact or conversation shall take place between you and any suspect, arrestee or inmate. 6. Immediately inform the nearest police officer or jail staff member of any solicitations for contact or conversation by suspects, arrestees, or inmates. 7. In the event of disturbance with the facility, immediately follow the directives of police or jail staff without question. 8. Insure any exterior door you utilize is closed and secured after use. 9. Properly use your issued access cards and keys, keeping them on your person and not loaning it to anyone. Do not leave the premises at any time with you r issued access card or keys with you. They shall be turned into the Police front desk each time you leave the premises. 10. Items including access cards, keys, personal items, uniforms and equipment that are lost, missing or stolen shall be immediately reported to the Police Administration Manager. 11. Do not use any police or jail facility equipment, such as exercise equipment, telephones or sleep center beds for your personal use. There are pay phones available in the lobby. 12. Do not keep or remove from the premises, any items found in trash receptacles or that have been identified as "no longer needed". I have read and received a copy of these Facility Rules. Date Print Name (First/Last) Signature EXHIBIT C Page 127 PD Janit2!; ce%W 17-022 PRICE SUMMARY FORM Total price for janitorial maintenance services $ 1s` Year (12 months) Total price for janitorial maintenance services $ 2nd Year (12 months) Total price for janitorial maintenance services $ 3'd Year (12 months) Breakdown information 1s`Year Monthly staffing price : $ Monthly supply price: $ Other Monthly price: $ Westend Substation: $ Southeast Substation: $ Monthly Total: $ Annual Total: $ (inclusive of both substations) (inclusive of both substations) (inclusive of both substations) 2"d Year 3'd Year Additional/Optional Services Vt Year 2"d Year 3'd Year Carpet Cleaning (Price per sq. ft.): $ $ $ Upholstery Cleaning (Price per hour): $ $ $ Steam Cleaning (Price per hour): $ $ $ Day -Porter Services (Price per hour): $ $ $ The City agrees to pays the rates for additional services, if services involved are above and beyond what is already included in the base price of the scope of work. While pricing is one consideration for this contract award, it is not the only consideration. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 128 PD Jani2l6tyic38rP 17-022 EXHIBIT D DEFINITION OF TERMS Buff: Remove all marks using floor machine equipment with polishing pad to maintain floor luster. Carpet Extraction: Shampoo carpeting using wet extraction machine method. Clean: Remove all dirt, stains, and marks with approved cleaner. Daily: Work to be performed each and every day of the week. Damp Mop: Remove all surface dirt and stains with mop and warm water containing floor cleaner as required. Damp Wipe: Remove surface dirt with damp cloth. Disinfect: To Cleanse in order to destroy disease and germs. Disinfectant: A germicidal cleaner for germ control. Dust: Remove all loose dirt and debris. Machine Strip: Remove all surface dirt, stains, and wax with warm water, floor cleaner or disinfectant; dry with vacuum or mop. Mop: Remove all surface dirt and stains with a mop and warm water containing floor cleaner or germicidal disinfectant. One Day: 24 clock hours. Polish: Machine polish or rub with dry cloth. Refinish: Apply proper floor coating (wax on polish sealer) and buff. Sanitize: To cleanse free from dirt and bacteria. Scrub: Remove all dirt, stains and marks with an approved cleaner using a floor machine equipped with scrubbing pad. Strip: Remove all accumulation of old finish, all surface dirt, stains and marks. Rinse and dry. Sweep/Dust Mop: Remove all loose dirt and litter with dustless -type sweeping tools on smooth concrete and tiled floor; in places difficult to sweep, use hair floor brush or vacuum on other hard floors. Vacuum: Remove all surface and embedded dirt, dust and debris using a vacuum cleaner. Wash: Remove all dirt, stains, and marks with approved cleaner; rinse and dry. Wax: Apply appropriate number of coats and approved floor finish. Page 129 PD JanitMi=l§P 17-022 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this 00th day of Month, 0000 by and between Successful Bidder (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of [profession]. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide [service]. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional [service] firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. DEFINITIONS It. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to [number] additional [number]—year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for [services] during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City C. COMPENSATION 1. City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed [dollar amount] [$0,000] annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. Invoices are to be mailed to City of Santa Ana, Purchasing Div, M-16, P.O. Box 1988, Santa Ana, Ca 92702, with a copy furnished to Liz Enriquez, Property & Facilities Supervisor M-95 P.O. Box 1988, Santa Ana, CA 92702. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: Page 130 PD Janitorial Services RFP 17-022 25D-40 L Contractor's invoice number ii. Beginning and ending dates for services iii. City Purchase Order, Project Number and/or name (if applicable) iv. Work site address/location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Price Adjustments The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim -Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) 5. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured provisions. A sample additional insured endorsement is Page 131 PDJanitorjalyP )-'41 17-022 attached hereto as Exhibit I. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self-insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: a. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS] INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and/or materials) or contractor's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Page 132 PD Janitorial Services RFP 17-022 25D-42 Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by facsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Fax 714-647-6956 With courtesy copy to: [requesting division] To Contractor: [successful bidder] H. TERMINATION The City reserves the right to terminate the contract as follows: 1. In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of [number] working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and/or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. I. CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one -hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of [see narrative] for such breach, in addition to any cost, fines, etc. levied against the City. Page 133 PD Janit025Uc=sj2Ep 17-022 K. REMEDY FOR FAILURE TO PERFORM The Contractor may be called back to correct deficiencies in adherence to the General Specifications at no additional cost to the City. Response time should be as soon as possible, but shall be no more than two (2) hours from the receipt of the call during normal business hours. Hours not worked will be deducted from monthly payments if these hours are persistent, or if a quality control issue appears. Deduction for hours not worked does not constitute a waiver of the specifications or acceptance of the conditions of performance. Contractor's failure to perform under the term and frequencies specified herein may result in a reduction in the monthly payment due the Contractor, or termination of the contract. The types of reductions described below may, at the City's discretion and after notification to the Contractor, be imposed for any deficiencies and/or failures to provide remedies. Immediate response requires the Contractor to report to the job site to correct deficiencies from the previous night. The deficiencies shall be of such a nature as to warrant immediate correction and/or to negatively affect the enjoyment and/or use of the building. Deficiencies requiring immediate response are those that adversely affect the building's occupants. This may include, but not be limited to, failure to properly restock dispensers and/or to properly clean specified areas. Should the Contractor fail to respond as required to make corrections, the City may, at its sole discretion, deduct a portion of the payment for one day depending on the nature of the infraction. Penalties may be assessed for each item missed on the cleaning schedule that does not require an immediate response; and failure to follow security procedures as outlined herein. City staff may, at periodic intervals, inspect before the start of the business day and note any deficiencies on a written checklist. The Contractor will be called and asked to make corrections based on the aforementioned list. Failure to make corrections before the next inspection will result in the Contractor being assessed one demerit per item left uncorrected. The accumulation of up to twenty demerits in any one calendar month may result in the Contractor being assessed a $100 penalty deduction from the monthly payment. Demerits exceeding twenty in one calendar month may result in a $500 penalty deduction from the monthly payment, and could result in termination of the contract. L. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. M. EMPLOYMENT OF DISPLACED SANTA ANA WORKFORCE When applicable, the contractor shall extend offers of employment to any displaced City of Santa Ana employee for a minimum of one (1) year and at a rate commensurate to his/her last base salary amount as an employee of the City of Santa Ana. Thereafter, the contractor may pay according to the contractor normal pay structure. Contractor costs should be amortized over the [number] year contract period. N. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1. Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the [applicable & relevant statutes and/or regulations] and as it may be amended or updated throughout the term of this contract. O. ASSIGNMENT Page 134 PD Janitorial Services RFP 17-022 25D-44 Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer; delegation or subcontract without the City's prior written consent shall be considered null and void. P. JURISDICTION —VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. Q. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. R. 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 CARVAHALO City Attorney Assistant City Attorney RECOMMENDED FOR APPROVAL: [Department Executive Director] CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONTRACTOR: [Agency] Tax ID# Page 135 PD Janitop�I Ra���c-45 17-022 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on services described in the scope of services. Pricing to be itemized and submitted on form identified as Exhibit C. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. LEGAL NAME OF COMPANY NESS ADDRESS Tel: Fax PHONE AND FAX NUMBERS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IF APPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. Page 136 PD Jan&odal 5D_ices 46FP 17-022 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORAL SERVICES REFERENCES List and describe in full 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 1 Customer Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Fax Number: Year(s): Reference 2 Customer Name: Contact Individu Address: Phone Number: Contract Amount: Description of supplies, equipment, or services provid Reference 3 Customer Contract Amount: Description of supplies, equipment, or services provided: Fax Number: Year(s): Contact Individual: Phone Number: Fax Number: Yean s): THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. Page 137 PD Janitorjgl$,pri .:V 17-022 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Name Authorized Signature Title Printed Name Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 138 PD Janitorial Services RFP 17-022 25D-48 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by 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 Page 139 PD JanitorJal $etc=s EZEZ 17-022 amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Firm Authorized Signature Title Printed Name Date THIS AREA LEFT BLANK INTENTIONALLY THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 140 PD Jan rnal SSeervi5OFP 17-022 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? years Note. If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? $ 3. Is your firm currently the debtor in a bankruptcy case? ❑Yes [-]No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to bankruptcy action that was not described in answer to Question 3, above.) ❑Yes ❑No If "yes," indicate the case number, bankruptcy court, and the date on.which the petition was filed. Case Number Bankruptcy Court Date Filed 5. Has any California State License Board License held by your firm or its responsible managing employee, or responsible managing officer, been suspended within the last five years? ❑Yes ❑No 6. At 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 7. Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 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 number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) Page 141 PD Janitor' lgc=�5P 17-022 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew an insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑Yes ❑No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. If you wish to do so, you may provide an explanation for a percentage rate higher than one percent. % 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If 'yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. Page 142 PD Janjtorial S01 e_i52 FP 17-022 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 AREA LEFT BLANK INTENTIONALLY THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 143 PD Janito2 CpN -99 17-022 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES NON -COLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA: In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the submitted proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Printed Name State of California, County of Subscribed and sworn to (or affinned) before me on this day of—, 20 by having proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Page 144 PD Janitorial Services RFP 17-022 2501-54 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance This endorsement modifies such insurance as is afforded by the provisions of Policy # r elating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insured ("additional insured") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy# Issued to Countersigned Named of I SAMPLE ONLY Page 145 PD Janitorial Services RFP 17-022 2501-55 CoverLetter............................................................................ 1 Company at a Glance................................................................. 2-3 CompanyProfile...................................................................... 4 Organization of Work Team ....................................................... 5 • Assigned Personnel and Work Experience .............................. 6 • Key Personnel Resumes ................................................... 7-8 Project Communication Flow ...................................................... 9-10 Implementation Plan................................................................ 11-13 WorkPlan............................................................................ 14-20 ® Renuired Forms Exhibit C — Price Summary Form.(Included on Separate Envelope as requested on Section 8.0 "Price Proposal" of RFP # 17-022) Exhibit F —Proposers Certification and Proposal Item Pricing Exhibit G — Offerors References Exhibit H —Proposers Statement Exhibit I — Certification of Nondiscrimination by Contractor Exhibit J — Responsible Proposer — Supplemental Questionnaire Exhibit K — Non -Collusion Affidavit Addendum No. 1 Revised Addendum No. 1 25D-57 March 13, 2017 Liz Enriquez, Property & Facilities Supervisor City of Santa Ana Purchasing Department M-16 20 Civic Center Plaza RM 429 Santa Ana, CA 92701-4058 Re: RFP 17-022 Janitorial Services Dear Liz, As the incumbent contractor, we would like to thank you for allowing Santa Fe Building Maintenance the opportunity to prepare a proposal to keep providing janitorial services for the City of Santa Ana Police Department. We acknowledge the receipt of all addenda as well as having the ability and financial commitment to fulfill the requirements specified in the RFP #17-022 Janitorial Maintenance Services for The City of Santa Ana Police Department. In addition, we certify that the only person, persons, company, or parties interested in the proposal as principals are named therehi; 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. Located at 15644 Palomino Dr. Chino Hills, CA 91709, Santa Fe Building Maintenance is an independently owned and operated company that is certified as a small business with the State of California. Santa Fe Building Maintenance as been providing janitorial service to Southern California cities since 1975. Our experience and the ability to manage our level of work, sets us apart from most companies. We have a history of working effectively with counties and government facilities, and are a busted provider of high quality janitorial services. The individual authorized to make representations for the firm, sign on behalf of Santa Fe Building Maintenance, and to bind a contract is Irineo Nuno, General Manager. I can be contacted by telephone or by email: 15644 Palomino Drive Chino Hills, CA 91709 Tel: (909) 606-2756 Fax: (909) 606-6469 E-mail: lrIneo@csantwfebldmaint.com We look forward to the continuous opportunity of being a trusted and valued partner in improving and maintaining the appearance of your building. Sincerely, Irineo Nuno General 111anager 25D-58 Name: Santa Fe Building Maintenance Address: 15644 Palomino Dr. Chino Hills, CA 91709 i Telephone: (909) 606-2756 1 1 (877) 782-323 Toll Free Fat: i (909) 606-6469 Website: www.santafebldmaint.com Legal Status Sole Proprietor Inception year: 1978 Year in Business 39 FYI -M Size 63 Employees Certifications Certified Small Business by the State of California Department of General Services Services: Professional Cleaning Services Office Hours 9:00am to S:OOpm Service Hours Services run 24 hours 7 Days a week Service Areas: • San Bernardino County • Orange County • Riverside County • Los Angeles County • Ventura County • San Diego County .. 1+JUM Client Sectors: • Government Facilities • Transportation ■ Commercial Buildings • Industrial & Manufacturing • Private Facilities • Entertainment ■ Healthcare Facilities Y Banking & Financial Services 3 25D-59 ✓�' �& # 'x a �.; BnildingTypes, Offices, Libraries, City Halls, Factories, Schools, Churches, Shopping Centers, Court Buildings, Warehouses, Transport, Public & Private Government Facilities, along with other types. General Services: • Cleaning Service • Floor Maintenance Services • Window Cleaning Services • Carpet Cleaning Services • Blind Cleaning Services • Carpet Steam Cleaning Services Special Service: Pressure Washing Service Solar Panel Cleaning 24-hour )Emergency Custodial Services Headquartered in the City of Chino Hills, Santa Fe Building Maintenance has been conducting its business of providing professional custodial services for over 37 years. It is at this location in which customer service, sales, marketing and administrative efforts are conducted, as well as the enforcement and administration of all contractual performances. Currently Santa Fe Building Maintenance is registered with the State of California Department of General Services as a Small Business in addition to being a minority women owned business. Founded in 1978, Santa Fe has been serving Southern California for the past three decades. Armed with years of experience, we have developed a clear understanding of the specific requirements and objectives of quality custodial services. Santa Fe Building Mairitenance is a fill -service building maintenance company. We specialize in daily custodial services, carpet & floor cleaning services, window washing, upholstery cleaning, pressure washing, stone floor cleaning, and parking lot cleaning services primarily for government contracts, Our service standards are kept high with our unique personal training of each employee and our dedication to service our clients needs. Santa Fe's mission is to add value to the organizations we serve. This commitment is exemplified by our intensive employee -training curriculum that emphasizes Total Customer Satisfaction. Our training programs ensure that all employees develop a proactive attitude, role and work emphasis focused on customer satisfaction. In addition, Santa Fe is dedicated in developing and utilizing the most up to date cleaning procedures along with the newest technological equipment, as well as automating many manual procedures in order to improve each of its' employee's productivity in cleaning. 25D-60 sm Y Santa Fe Building Maintenance is a small, independently women owned business, which provides professional cleaning services to various privately�v owned companies and govermnent facilities. Since its establishment in 1978z". yMx �r.,r... Santa Fe Building Maintenance has been a choice provider of quality f r� services for government and private companies throughout Southern ' h California for almost half a century. With its strong connection to Southern California, Santa Fe currently services The San Bernardino County 303 Building for which has been providing services since 2007, and other prominent clients such as City of Vernon, City of Santa Ana Police Department, City of Huntington Park, and South Coast Air Quality Management District (AQMD) among others. (Please refer to the "Reference" section of this package for more information) Santa Fe Building Maintenance currently employs more than 63 dedicated full-time staff, professional supervisors and maintenance personnel, who can meet our client's every demand and quality standards. Under the current management, innovation and entrepreneurial leadership have allowed the company to grow into a thriving, quality maintenance service provider. Our strengths include, flexibility and adaptability of our services, the strong work ethic requested of our employees, our in-depth management and administrative support for field personnel and the honesty and integrity of all company staff. With these strengths, we have created a trained loyal workforce with the skills to provide quality service that is consistent and dependable. Santa Fe currently services and provides professional custodial services to more than 2 million square feet of government facilities and of private commercial office space daily. Santa Fe prides itself in that it has never been debarred from a contract and that no contract has ever been canceled due to the lack of quality of its services. The company management staffs, with over 80 plus years of combinedexperience in the janitorial and maintenance field, help design the techniques, procedures and approach of all work plans. They implement their experience along with a previously written plan of approach and procedures to enhance and ensure that all facets of a current project are successfully completed on a timely manner. While there are currently several companies that provide janitorial services, Santa Fe distinguishes from the others on the professionalism and experience that Santa Fe requires from all its' field employees, office staff, and supervisors. Being a small business, we put greater care an emphasis on the quality of our work and the supervision of our employees. What differentiates Santa Fe from the competition is our commitment to provide more than just "a service" to our clients. Santa Fe Building Maintenance has the financial capability and is currently in good financial standing, as there are no pending mergers, no bankruptcy, no pending litigations, and no office closures. We have a history of working effectively with counties and government facilities, and are a trusted provider of high quality janitorial services. Santa Fe complies with all federal, state and city, labor laws that may pertain to our kind of work. We fully understand the goal that the City of Santa Ana Police Department has set for this project and are fully aware of the specifications. 25D-61 4 w v- tiw os.opeimsor . . . . . . . . . . . . . . �.N Poi tee eflefal,clealffia %Spkialty% �'DA,y, ' ,ersonile (Please reMllvpe. 6) fere ,V. � v t,, -'- The following list describes the responsibility and experience of everyone assigned to the City of Santa Ana Police Department. 25D-63 �~ Guadalupe Medina 37 years Of experience on the y p Company Owner Responsible for the oversight and management of the company and its operations. 2'L• years of experience with janitorial field. Carlo Ortiz 2'/= years of experience with cleating program, maintaining Santa Fe's quality and safety On-site Supervisor Personnel Santa Fe Building Maintenance Responsible for the management of the administrative aspects 2'/•_ years of experience with 30 years oFexperience on the Project Administrator of the cleaning program. It vrill be his responsibility to ensure Gineo NunO janitorial field. 1 /Account Supervisor P that all activities detailed in the Scope of Work are completed, Will work along On-site Supervisor to manage the cleaning Janitor/ Cleaning Personnel 2'h years of experience with program. 25D-63 a' e Y e Maria Elena Avila 2'L• years of experience with Responsible for managing the day-to-day epcmtion, of the Carlo Ortiz 2'/= years of experience with cleating program, maintaining Santa Fe's quality and safety On-site Supervisor Personnel Santa Fe Building Maintenance standards through the direct supervision ofcicaning 2'/•_ years of experience with Janitor / Cleaning technicians. 25D-63 Maria Elena Avila 2'L• years of experience with Janitor/ Cleaning Santa Fe Building Maintenance Personnel Maria C. Cervantes 2'/•_ years of experience with Janitor / Cleaning Santa Fe Building Maintenance Personnel Responsible for executing the tasks described on Martha A. Coronado 2 h years of experience with Santa Fe Building Maintenance Janitor/ Cleaning Personnel 2'h years of experience with Janitor / Cleaning cleaning program, providing all required Daily & Margarita Estrada Santa Building Personnel Weekly cleaning services to achieve goals of maintaining aclean facility. ears 2 Y. Years of experience with experience Janitor /Cleaning Reyna Paz Perdomo Santa Fe Building Maintenance Personnel Eugenio Jesus Robles 2 V. years of experience with Janitor / Cleaning Santa Fe Building Mnintenance Personnel Pablo Segovia 2 %= years of experience with Janitor / Cleaning Santa Fe Building Maintenance Personnel 25D-63 0 r 1 5 � � �i• �rp y i� S � Mb'6 ro k . att Guadalupe Medina is the current owner of Santa Fe Building Maintenance; a company that has been providing janitorial services to Southern California for over 37 years. With 35 years of experience on the janitorial field, Mrs. Medina has been able to lead her company into a thriving, quality maintenance service provider. Before Santa Fe Building Maintenance, Mrs. Medina was a proven supervisor and account manager in the janitorial field. With her leadership, management, innovation and entrepreneurial leadership have prospered and flourished with the company. • Proven ability to Manage and Supervise • Effective communicator and coordinator in multi -department settings. o Well versed in the management subjects as well as the technical aspects of janitorial services. o Extensive experience in Customer Service and Account Management. Skilled in Company Operations, Staff and Product management o Ability to train, motivate and educate employees. Ed Building Maintenance: 1980 -1998 35 years ago, Mrs, Medina started her career in the cleaning industry with Ed Building Maintenance, Her fust position was as a general cleaner where she learned all. the skills that pertain to the janitorial field. Working her way thru the company chain of command, Guadalupe was promoted to Supervisor with in a couple of years and was placed in charge of supervising night cleaning personnel. Diamond Contract Services: 1998 - 2012 Employed has Site -Supervisor and Project Manager of all cleaning operations at the South Coast Air Quality Management District (AQMD). Santa Fe Building Maintenance: 2001— Present Date Obtained ownership of Santa Fe Building Maintenance. Continued to work as a project manager while managing and growing her own company. Through her experience obtained over years of working on the janitorial field, Guadalupe has learned all aspects of the industry and the level of service, quality and cost management customers expect fiom a cleaning company. 7 25D-64 Ir; hineo Nuno has been with Santa.Fe Building Maintenance for (9) Nine years. Currently Mr. Nuno is the General Manager of Santa Fe Building Maintenance. His experience on the janitorial field goes back for more than 30 years. He, along with Gilbert, will be overseeing the daily operations of the project. The following are the qualifications that make him suitable for this project More recently, Irineo as been certified and tested by Environmental Outsource Inc. on Bloodborne Pathogens, Asbestos Hazard Awareness, and on the Injury & Illness Prevention Program. (Copy of aiicalusavailableuponng1tw9 Proven ability to Managed and Supervise Window, Floor and Carpet cleaning expert Extensive experience in Customer Service, Account Management, Training, and Cleaning Services. Skilled in Company Operations, Staff and Product management Ability to train, motivate and educate employees Advanced Building Maintenance: 20 years ago, Mr. Nuno started his career in the cleaning industry with Advanced Building Maintenance. His first position was as a general cleaner where he learned all the skills that pertain to the janitorial field. Working his way thru the company chain of command, Irineo was promoted to District Supervisor with in a year and was placed in charge of supervising 70 employees and 40 janitorial accounts. Santa Fe Building Maintenance: Currently Mr. Nuno is the General Manager of the company. His hands-on attitude of personally supeivising all current accounts with the company has made our supervision and quality control programs one of the best. Although his job does not include doing work on the field, customers would usually see him helping his staff finish ajob or supervising a request or trouble call personally, ensuring that thejob is done correctly. Although Irineo has work forone company other than Santa Fe, Mr. Nuno has the on the job experience that other supervisors might not have. Through his experience obtained over years working on the janitorial field, he has learned all aspects of the industry and the level of quality customers expect from a cleaning company. In addition to the know-how that Irineo possess, his on the job experience along with Gilbert's management experience would make a success of this project. 25D-65 FP �y� Santa Fe Building Maintenance will support its staff providing services for the Police Department, via the following guide of communication City of Santa Ana Police Department Assign Representative Santa Fe Building Maintenance Contract Administrator & Prowt Supervisor: Trineo Nuno On-site Supervisor: Carlo A. Ortiz S8'➢T8#a Jn+6 02 BUILDING MAHrMNANCE Santa Fe Building Maintenance Management Support • Logistics & Supply • Training • Quality Control • Operational Management • Human Resources • Emergency Response • Account/Contract Supervisor Cleaning Crew Personnel who will perform all the Daily Services for the City of Santa Ana Police Department: • Maria Dolores Ortiz - Day -Porter • Reyna Paz Perdomo - Janitor • Maria Elena Avila - Janitor • Eugenio Jesus Robles - Janitor • Maria Carolina Cervantes Janitor • Pablo Segovia - Janitor • Martha A. Coronado- Janitor • Jesus Mendez Zaragoza — Soecialty Crew • Margarita Estrada - Janitor Following the above guide of communication flow chart, Santa Fe Building Maintenance will provide cell -phone numbers of project supervisor(s) and contract administrator(s), to the City of Santa Ana Police Department assigned representative. The company field communication will be conducted as follows: 1. Santa Fe's project supervisor and/or office personnel will contact On-site lead janitors via cell -phone or in person, 2. On-site lead janitors will pass on orders to rest of field personnel. (Note: For emergency purposes, all employees must provide a hone -phone or cell -phone number where themselves or a family member can be reached while on or out of work site.) 25D-66 Effective communication is one of the most important factors contributing to the success of a project. Cell Phones & Smart Phones are used by Santa Fe Building Maintenance as the main system to communicate between onsite cleaning crews, shift leads and management, the office email, telephone and fax numbers are also made available to the field staff for them to communicate with management, although face to face interaction between management and field crews is always encouraged. This mode of communication will also be made available to the City of Santa Ana Police Department. Cell phone numbers and emails to the Project Supervisor and Contract Administrator will be made available to the City Designated Representative once contract is awarded. The following steps will help ensure that constant and effective communication is accomplished with the City of Santa Ana Police Department. Meetings Santa Fes' account Supervisor will meet with the City Designated Representative upon request or upon a schedule already set and mutually agreed to. Meetings are often the most effective way to effectively communicate with customers as well as to distribute information to project staff. Ongoing Service- (telephone calls, email, voicemail) Occasionally our main office staff may call the City Designated Representative to check and ensure service satisfaction. Our client satisfaction is important in continuing to provide a great experience and good customer service. Company Reports Reports will be used to analyze the performance of services being provided and the performance of employees. These reports will allow Santa Fe to collect important data such as quality of work, supply inventory and employee performance. The Reports would allow Santa Fe to improve the services being provided, employee performance and supply purchasing. The following are just some of the information that Santa Fe collects to improve and rate service performance: • Quality Inspections Reports • Employee Performance Reports • Inventory Reports • Customer Feedback Contact Us Lastly, if the City Designated Representative ever have issues with the cleaning service or sensesit problem, our Main Office staff will be available to discuss his concerns and issues as well as to provide him/her with a solution. Note: Our company website www.santafebldmaint.com is also available for anyone who would like to contact Santa Fe Building Maintenance with regards to any matter. 10 25D-67 b N , As the incumbent contractor, Santa Fe Building Maintenance currently has the equipment, personnel, and work plan in place, to continue providing janitorial services to the City of Santa Ana Police Department without interruptions. The major portion of any janitorial service program would be to support personnel who directly provide the cleaning services. Santa Fe Building Maintenance Implementation Plan is designed to provide an equitable distribution of available resources for the City of Santa Ana Police Department in accordance with the Scope of Work Plan. Considering the City's facilities and custodial requirements, current research in best practices, input from field staff members and other variables, the primary objective in Santa Fe's Implementation Plan is to properly distribute all available resources and to provide the most effective and efficient custodial cleaning program possible. Tw-t t Below are the resources that will be needed to proceed with the execution of the project. These resources include: Duman Resources Personnel will be assigned in accordance with requirements of City as requested on Section 2.0 Staffing of the RFP 17-022. Following these requirements, Santa Fe will provide the following staffing: 25D-68 The Project Supervisor will have the overall responsibility for the oversight and Contract Administrator management of the project. It will be his responsibility to ensure that the stages of & Pt'oject Supervisor 1 the project are being completed by managing and directing all project phases and Pei while maintaining constant communication with the facility Designated Representative. The On-site Supervisor will have the responsibility for the day to day management On-site Supervisor 1 of the cleaning personnel. It will be his responsibility to ensure that all activities detailed in the Scope of Work are completed. He/she will serve as the on-site point of contact for all cleaning personnel. General Cleaning General Cleaning Personnel will have the responsibility for executing the cleaning Personnel (Janitor) 7 program, providing all required Daily & Weekly cleaning set -vices to achieve goals of maintaining a clean facility Day -potter Personnel will have the responsibility for providing cleaning services Day Porter Personnel 1 during the normal hours of operation for the Police Department. His/her responsibilities will be the same as the General Cleaning persomrel. Specialty Cleaning Specialty Cleaning Persomrel will have the responsibility for providing advanced Personnel (Floor, Carpet 1 floor care duties to include stripping, dressing, buffing and waxing of hard floors, & Windows, etc.) carpet extraction and shampooing maintenance, and other projects as assigned. 25D-68 Eaulpment Required equipment will be assigned in accordance with requirements of City as requested on Section 5.1 Equipment & Supplies Furnished by Proposer of the RFP 17-022. Following these requirements, Santa Fe will provide the following equipment: Schedule and Resnonsibiiities The General Cleaners will be responsible for the daily service of all facilities. The cleaning schedule for the each of the facilities/areas will be as follows: � e Police Department - Jail Facility (Areas 7(S even Days per Week) Monday - Sunday, clean between listed on Section 5.4.1 of the RFP) 6:00am and 10:30 m. Including holidays. Police Department - Day Use Areas 5(Five Days per Week) Monday - Friday, clean between Areas listed on Section 5.4.2 of the RFP) 5:30am and 2:30 m. Excluding holidays Police Department — High Use Areas 7(Seven Days per Week) Monday - Sunday, clean between Areas listed on Section 5.4.3 of the RFP 2:00pin and 10:30 m. Including holidays. Police Department — General Areas 5(Five Days per Week) Monday - Friday, clean between Areas listed on Section 5.4.4 of the RFP) 2:00 m and 10:30 m, Excluding holidays Southeast Substation 3(Three Days per Week) Mondays, Wednesdays and Fridays- - Hours for this site will be arranged with the City of Santa Ana Police Department Assigned Representative Westend Substation 3(Three Days per Week) Mondays, Wednesdays and Fridays — Hours for this site will be arranged with the City of Santa Ana Police Department Assigned Representative 12 25D-69 Staffing levels.forMonday through Friday janitorial maintenance are one (1) On-site Supervisor, working eight (8) hours each day, (6) full timejanitorial personnel, all working eight (8) hours each day, and three (3) Part -Time janitorial personnel, working four (4) hours each day. Weekends and Holidays staffing levels are three (3) janitorial personnel, all working (8) hours each day. There shall be (2) full-time staff assigned to the morning shift and (5) full-time staff assigned to the afternoon shift. All frill -time staff assigned to Monday -Friday Responsibilities Santa Fe will assign a Project Supervisor specifically for the City of Santa Ana Police Department. The Project Supervisor will oversee and manage the overall aspect of the services specified in the RFP 17-022. The Project Manager will oversee the entire operation of the project including human resources, equipment, supplies, insurances, etc. The Project Supervisor will also be responsible for ensuring quality standards and compliance with the City's cleaning specifications, by performing random site inspections, and monitoring employee performance. The staffing hours for the Project Manager will not be set so that random quality control visits can be performed. Under the supervision of the Project Supervisor Santa Fe will also have assigned an On-site Supervisor who wilt manage the cleaning staff and sure that cleaning services are completed. The On-site supervisor will be the main point of contact for all cleaning personnel at the facility, allowing for better communication between Santa Fe's Management and field personnel The General Cleaners will work as a team that would be responsible for servicing the facilities following the maintenance standards establish by the City of Santa Ana Police Department. Each of the technicians will be responsible for different areas on the facilities, which at the end of each working day would be the responsibility of the On-site Supervisor to check and ensure the tasks are completed. There will be oversight over the overall performance of the On-site Supervisor and General Cleaners by the Project Supervisor who will make periodic and/or random visits to the facility. Any deficiencies of the quality standards that are found, will be the responsibility of the On-site Supervisor to ensure the deficiencies are corrected in a timely manner. Failure from the team to correct deficiencies in a reasonable amount of time would result on a disciplinary action by Santa Fe which can include warning, suspension, and or termination. Any vacation, sick days or absences of personnel either due to unanticipated emergencies or terminations will immediately be notify to the City Designated Representative by Santa Fe main office to record changes on contract personnel. Santa Fe will maintain at least one Emergency On - Call Staff that would have completed the same background and security screenings as regular staff to cover absenteeism, suspensions, and or terminations. Existing work force hours might be extended for employees who are no working full time to cover absenteeism, suspensions, and or terminations. 13 25D-70 Santa Fe Building Maintenance proposes to continue providing janitorial services to the City of Santa Ana Police Department facilities, has explained and required in accordance to the specifications listed in the RFP 417-022, Section 5.0 "Scope of Services, Equipment & Supplies". Santa Fe's approach to meet the required services will be by using the Zone Cleaning Approach. The Zone Cleaning Approach Fy ' will ensure that all work is performed per the contract requirements by properly managing cleaning personnel, supervision, reports and logs insuring that the facility is cleaned and maintained up to or above Santa Fe's and the Police Department service standards. The Zone Cleaning approach is based on realistic goals and on responsiveness & understanding of the specifications. Santa Fe will use this approach has it's been very successful with other projects of similar magnitude. The Zone Cleaning Approach consists of cleaning personnel assigned to a task or an area in the facility. Each team member is responsible for the completion of work on its assigned tasks or Area. ' Benefits of Zone Cleaning Zone cleaning, sometimes called area cleaning or route cleaning involves the assignment of a specific area to ajanitor, or in this case a facility. Since the janitor is responsible for all the cleaning activities in the area, he must be fully knowledgeable in all areas of janitorial work and be familiar with all the daily tasks required to clean the facility. Equipment to perform work must be available when required and the janitor must know how to operate this equipment effectively. The primary benefit for zone cleaning is the awareness and familiarity of the janitor with every area of the assigned facility, as well as every building occupant. For this reason, a janitor can also be an effective security person, since strangers can easily be recognized and directed to their destination, or off the property as needed. The zone cleaner is responsible for every cleaning activity in the assigned area, any failure to provide good quality service can be easily be recognized and corrected since daily services can be attributed to the janitor responsible for that area r To achieve high level of quality service, and to meet the Santa Ana Police Department requirements, Santa Fe will be using the Scope of Work provided on the RFP# 17.022, which is as follows; 14 25D-71 tag. NF BUILD ffl MAINTFENANCE FACILTTY CLEANING DAILY Cleaning and Disinfecting of Drinking Fountains and Sinks: Remove all obvious soil, streaks, smudges, etc., from the hardware, including the spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sink (sink refers to all sinks in coffee rooms or lounges too) shall be free of streaks, stains, spots, smudges, scale, and other removable soil. Oil is not to be used to polish metal fixtures. If needed, time away or a similar product shall be used to eliminate water build-up. Cleaning and Disinfecting of Wash Basins, Toilets, Urinals and Showers: Apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers and adjacent surfaces. Dry all metal surfaces of faucets, handles, valves, etc. Shower wall, floor and soap scum, mold and mildew shall be removed daily and drain screens cleaned of hair and lint, Oil is not to be used to polish metal fixtures. Cleaning of Entrance Mats: Remove moisture, wet or dry soil, and any debris from carpeted entrance mats. Ensure mats are properly positioned on the floor. Cleaning of Floor Drains: Clean all floor drains and remove corrosion and tarnish. Vacuuming of Carnets: Remove visible and hidden soil and debris from the carpet surface and from within the carpet tile. Chairs, trash receptacles, power cords, boxes, and other such items shall be tilted or moved when necessary. Special attention shall be paid to corners and along walls, under and between fumiture, to insure carpet is thoroughly cleaned in all areas. The carpet shall be free of all visible soil and liter, For noise reduction, which is essential to the 911 emergency police dispatch operation, the built-in vacuum system supplied by the police Department will be used when vacuuming the Police Communications area. Damn Mopping of Non -Carpeted Floors & Weekly Machine Scrubbing of Stone Floors: Remove soil, hair, dust and debris from non -carpeted floors. Trash receptacles and other such items shall be moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be damp mopped. Care shall be taken to prevent splash and mop marks from being visible on furniture legs, doors, etc., "Caution—Wet-Floor" signs shall be placed to provide sufficient safety measures. After a floor, has been damp mopped, it shall have no puddles water and be free of soil, stains, debris, streaks, and swirl marks. Alt wet floor signs shall be removed and put away after the floor surface is dry. De -scaling of Toilets and Urinals: Remove scum, mineral deposits, rust stains, etc. 15 25D-72 Disinfecting of Furniture, Fixtures, Walls, & Partitions within Restrooms, Lunchroom, and Locker Rooms: Damp wipe and disinfect all non -wood hard surfaces of furniture, fixtures, walls, partitions, doors, and lockers. Special care shall be taken to insure these surfaces are not scratched, damaged, or stain. Vacuuming of all Fabric Furniture Surfaces: Remove all dust, lint hair, litter, and dry soil from all fabric surfaces of chairs, couches, work station partitions, and other furniture with a fabric covering. Dusting of Locker Tops: Dust locker tops in dressing areas, storage rooms, locker rooms and maintenance areas. Dusting of Building Surfaces: Remove all dust, lint, litter, dry soil, etc., from the surface of ledges, window sill, locker tops, and fire extinguishers. This shall also be done for computer tops, wall and door frames and sills, light switches, pictures, partitions, rails, and other types of fixtures and surfaces which are not considered to be furniture surfaces. This also applies for specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface, up to nine (9) feet in height Dusting shall be accomplished by the removal of soil from the area- not by moving it from one surface to another. This includes the cleaning of the atrium wood ledges. Dusting shall be completed using micro dusting wipes. Emptying of all Trash and Ash Receptacles: All waste baskets, cigarette ash receptacles and other trash containers shall be emptied and returned to their initial location. Boxes, cans, papers, and other containers marked "TRASH" (or are obviously trash) shall be removed. All waste from such receptacles shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. All recycle bottles and plastics will be picked tip. General Cleanup: Remove any found litter and clean unsightly soil from building, fixtures, walls, door frames, and surfaces. Remove any spilled liquids or solids. Remove carpet stains. Pick up abandoned lunchroom trays or utensils and deliver thein to the lunchroom. Rearranging of Furniture: All furniture moved by the Proposer's employees during the performance of services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs shall be moved so cleaning can take place underneath them and then they shall be returned to their appropriate location. Refilling of Dispensers: Check and refill each toilet paper dispenser, soap dispenser, paper towel dispenser, toilet seat cover dispenser, and feminine hygiene product dispenser. The supplies shall be placed in the dispensers in accordance with the directions of the supply and dispenser manufacturers. Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall be taken not to damage, dent or bend the dispenser. 16 25D-73 Removal of Carnet. Chair Upholstery & Panel or Wall Fabric Stains: Clean all stains as quickly as they are found, so as not to allow them to set into the fabric. If the stain is a coffee spill, use product like Interface Coffee Breaker (supplied by Proposer) and follow manufacturer's recommended procedures. Do not extract or blot. Simply spray affected area. Replacement of Trash Receptacle Liners: All soiled or torn trash receptacle liners shall be placed with a new trash receptacle liner. The liner shall be replaced in such a manner as to present a neat uniform appearance. Soiled trash liners are not to be reused. onor ueamng of omitting Surfaces Furniture and Fixtures: Remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges, windows, vending machines, .partition glass, window sills, fire extinguishers, counter tops, walls, doors, door frames and sills, pictures, partitions, rails, and other type of fixtures and surfaces. This includes all items from the floor surface to 11 feet in height. Care shall be taken not to permanently mark, scratch or discolor the surfaces. Spot Cleaning of Trash Receptacles: Remove nonpermanent stains and soil from the interior and exterior of trash receptacles. Cleaning of Outside Patios, Parking Structure Balconies, alconies and Building 1;ntmvays (both in front of Police Facilitv & Jail): Remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. Sweep the two (2) fourth floor patios and wipe down their handrails and railings. Sweep or hose down the paver area outside the Community Room entrance and wipe down the handrails outside'the PD lobby, Jail lobby and Community Room. Remove any litter, cigarette butts, or bird droppings in these areas too. Sweep the entryways to the PD and the Jail, including the employee entrance. Remove any visible debris along the edges of the planters located outside the front of the PD and Jail facility. Remove any visible trash on the floor from the parking structure, around parking stalls, and fuel pump area. Workstation Glass: 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 tape. Clean all minors in restroom, locker rooms, and fitness center in the same manner as above. Spot clean office and work station glass as needed daily. Clean glass entrance doors to Police facility and Jail at least twice daily. Cleaning of Microwave Ovens: Clean inside and outside of all microwave ovens, removing crumbs and spills. 17 25D-74 Jrn Emptying of Trash in Outside Patios, Balconies, and Entry Door Areas (including the exterior front of the PD. Community Room, Jail, and assigned parking Areas : Empty trash receptacles and smoking ums in patio, balcony areas, and parting areas. Clean receptacles as needed each time. This includes receptacles that may be placed outside any entry doors, such as outside the front of the police department, jail and police community room, employee north entrance areas. Breakdown of Cardboard Boxes: Cardboard cartons are to be broken down flat and put into the proper trash container, including any boxes on the loading dock. Snot Cleaning of Ceilings: Remove any toilet paper, cobwebs, dust buildup and other debris from the ceiling, ceiling vents and ceiling light fixture holders. Dusting of Walls and Ceilings: Remove all dirt, lint, litter, cob webs, dry soil, etc., from walls and ceilings. Cleaning of Wood Furniture: Care shall be taken not to scratch or marls wood surfaces, while insuring that they have been thoroughly cleaned. Cleaning of Fitness Center Exercise Equipment: Wipe down all metal to polish off shoe marks and sweat stains. Clean upholstery and wipe off shroud and side rails of the treadmills, as well as the consoles on all treadmills and other machines to remove sweat and stains. Clean tops of any rubber mats and under each treadmill by extra -vacuuming up the dust and black motor powder. Safety and Precautionary Measures: Secure work area and equipment to prevent passage by the public and City staff, and denote it as such. Work area and equipment shall stay under that condition until work is complete, equipment is vacated, and passage is safe by the public and Police Department employees. The proper quantity and type of safety signs, such as "caution wet floor shall be placed by the Proposer's employees every time conditions exist that warrant such signs. Signs are to be picked up and stored in the proper janitor room once the condition no longer exists to warrant such signs. Clean Un of Loading Dock: Daily sweep loading dock area and remove accumulated debris. Cleaning of Lunchroom: The entire police lunchroom, including cashier, restrooms, eating areas, vending machines, hallway, glass and painted doors, and refrigerators are all included in this contract. Areas should be cleaned so grease, dirt, food particles, trash and other litter are thoroughly cleaned and removed from surfaces. This area needs to remain a healthy and clean environment daily WEEKLY 25D-75 18 I Clean Two (2) Police Lunchroom Refrigerators: (One refrigerator— on Mondays, one refrigerator — on Fridays). Clean interior and exterior of refrigerator surfaces. Dispose of all food and temporary containers. Do not dispose of permanent containers, such as those made of glass or metal. Spray Buffing of Hard Floors: Clean and restore a uniform gloss 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, glossy appearance, free of scuff marks, heel marks, and other stains, and shall be removed from baseboards, furniture, trash receptacles, etc. Dusting of Blinds and Draperies: Clean all blinds, shades, and draperies. Care shall be taken not to spread dust into the air. vustnng of Ceumg. Atrium ledges Lunchroom drywall ledges, and Wall HVAC Vents: Clean all HVAC vents and area immediately surrounding them. Dust all atrium ledges at the glass/wood railing areas and at the atrium stairs. Dust lunchroom drywall ledges. Care shall be taken not to spread dust into the air. High Dusting: Remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 11 feet from the top of the floor. This includes lights, grills, light fixtures, pipes, sprinkler system, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. Dust free products shall be used such as micro fiber dusting rags. nose wasn ang '1'rasp Fick Up of Exterior Canine Kennel Trash Comnactor Area. and Loading Dock: Using department supplied hose, wash down area into floor drain. Pick up trash. MONTHLY Cleanina/Dusting of Trophv Cases: Remove items from trophy cases located on the In and 2nd floor; wipe down interior shelves, interior/exterior of glass doors. Machine Scrubbing of Glazed Tile and Stone Floors: Deep cleaning to be performed in a manner to remove heavy stains, mildew and mineral deposits from the surface. After scrubbing, the surfaces shall be rinsed thoroughly to remove all remaining cleaning solution. After cleaning, the floor and grout shall have a uniform appearance free from film, minerals, deposits, corrosion stains, etc. Areas not accessible with the buffer shall be manually scrubbed with an abrasive pad. Apply sealer to tile areas, after machine scrubbing except in shower areas. QUARTERLY 25D-76 19 Re -Waxing Vinyl & Tile Floors: If there are black marks, marks from chair glides, or imbedded soil in the finish, they shall be removed before re -waxing. A uniform coat of approved floor finish shall be applied. After the finish has dried, the appearance shall be uniform with no visible stress marks, swirls, etc. Remove all stripping or detergent solution from the baseboards, door, or other non -floor surfaces and in adjacent spaces. Carpet Cleaning: Carpet cleaning is usually done on a quarterly basis, coordinated through the Police Administrative Manager to determine exact cleaning locations. Care shall be taken to insure the carpet is thoroughly cleaned and dry prior to opening the area up to foot traffic. Cleaning/Wipe-down of Vehicle Storage Lockers: Wipe down the outside lockers of any dust, dirt, or debris. Care shall be taken not to spray any cleaning solution or water directly into the lockers through the open slots. BI -ANNUALLY Window Cleaning: Completely remove dust, cobwebs, smudges, tapes, oil film and other types of soil from all interior windows and partitions. Remove drip and splash marks from all adjacent surfaces. Glass in open space and office partitions, entry glass doors and entry area glass panels are included in this project (including police facility & Jail facility). The two (2) atrium skylights in the ceiling of the police facility, Community Room and Lunchroom skylights, and the exterior of the facility windows are not included in this project. AS NEEDED Stria and Refinish Tile Floors (as needed): All non -fixed furnishings such as tables, chairs, desks, trash receptacles, storage containers shall be removed prior to stripping unless exempted by the City. Remove all removable marks, heel [narks, scuff marks, rust stains, gmn and other types of stains and soil. Manual scrubbing devices shall be used in areas inaccessible to the floor machine. Stairwells: As needed clean/mop the four cement stairwells located at each corner of the PD Facility. Dusting and cleaning of other areas as requested: there are several mobile shelving units throughout the Administration building that may require dusting as requested by supervisor. 20 25D-77 W+S$.. l iH !.F � Sv i / Forms 25D-78 jr,xhibit M Price Summary .>ur a 3: Form p s (included on SeparateEnvelope as requested on Section Proposal" 25D-79 �3+,>lv�liiip SANTA ANA POLICE DEPARTMENT (714) 246.8074 1F6 (7.022 Janitorial Services for Santa Ana Police Department ADDENDUM NUMBER EXHIBIT C PRICE. SUMMARY FORM L) ORIGINAL Total price for Janitorial maintenance services $ 484,891,20 (Inclusive of both substations) I" Year (12 months) Total price for janitorial maintenance services $ 538,767.84 (inclusive of both substations) 2nd Year (12 months) Total price for janitorial maintenance services $ 598,630.80 (inclusive of both substations) 3`4 Year (12 months) Breakdown Information 1" Year 2j° Year 3`d Year Monthly stairng price : $ 18,293.70 $ 20,326.33 $ 221584.81 Monthly supply price: $ 3,000.00 $ 3,333.33 $_.3,703.70 Other Monthly price: $ 17,892.90 $_19,88L.00 $__22,090.00 Westend Substation: $ 671.00 $ 745,55 $ 828.38 Southeast Substation; $ 550,00 $ 611.11 $ 679.01 Monthly Total: 540,407.6D $ 44,897,32 $_.j9,885.90 Annual Total: $ 484,891.20 $ 538,767.84$ 598,630.80 AdditionatlOptional Services V" Year 2°d Year 3`d Year Carpet Cleaning (Price per sq. ft,): $ 0.35 $ 0.35 $ 0.35 Upholstery Cleaning (Price per hour): $_.45,00 $ 45.00 $ 45.00 Steam Cleaning (Price per hour): $ 45.00 $ 45,00 $ 45.00 Day -Porter Services (Price per hour): $_45.00 _ s__15.00_ $ 45.00 WindowWashing: $ 6,000.00 $-t,000.00 $.6,000.00 25D-80 The City agrees to pays the rates for additional services, if services involved are above and beyond what is already included In the base price of the scope of work. E i rlc s ca cider tl o h s o act a ar t of t oQ aI side ati h ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. I acknowledge I have received and read this addendum: Biz Pspondent Signature Santa Fe Building Maintenance Company Name THIS FORM MUST 13E COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. 2501-81 EXHIBIT F CITY OF SANTA ANA REOLIEST FOR PROPOSALS FOR JANITORIAL SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services {Exhibit A) and am familiar with the scope of work locations, t am familiar with all the existing conditions and limitation that may impact work requests. I understand and agrea 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 shelf be based on services described in the scope of services. Pricing to be itemized and submitted on form Identified as Exhibit C. Fee must be inclusive of all costs, Including but not limited to, direct and Indirect costs for labor, overhead, Incidental supplies, travel, mileage, and fuel, Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in wrlling. Santa Fe Building Maintenance LEGAL NAME OF COMPANY Dr. Chino Hills, CA 9 Irineo Nuno 55-0806687 FEDERAL ID NUMBER (IF APPLICABLE) Tel; (909) 606-2756 Fax: (909) 606-6469 PHONE AND FAX NUMBERS General Mana Irineo@santafebldmaint.com DATE E-MAILADDRESS N/A CONTRACTOR LICENSE NUMBER (IF APPLICABLE) Pape 98 PD Janitorial Seivices RFP 17,022 25D-82 EXHIBIT G CITY OF SANTA ANA REOUEST FOR PROPOSALS FOR JANITORAL SERVICES List and describe in full the contracts performed by your firm which demonstrate your ability to prov)de 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) San Bernardino County Customer Name. Hall of Records Contact Individual: Ms. Phyllis Facto Address: 222 West Hospitality Lane Phone Number: (909) 841-5992 San Bernardino, CA 92415 Fax Number Email: Phyllis@fm.sbcounty.aov Contract Amount: $ 95,400,00 per year year(s): 4/01/2016 to 3/31/2019 Description of supplies, equipment, or services provided: Santa Fe Building Maintenance currently provides Janitorial services and day -porter services alonawith floor and carpet cleaning services. Deference $ South Coast Air Quality Customer Name., Management District (AQMD) Contact individual: Ms, Sylvia Oroz Address: 21865 Copley Dr. (909) 396-2054 Phony Number. Diamond Bar, CA 91765 Fax Number: Emall: Sorozeagnid.lgov ConlractAmeunl:$396,304.00per year yaar(s): 3/01/2016 to 2/28/2019 Description of supplies, equipment, or services provided: Santa Fe Building Maintenance currently provides Janitorial services and day -porter services along with floor and carpet cleaning services. Reference3 San.flernardinn..County. __.___ ------ Customer Nemo: 303 Building Contact Individual Ms Tawana Ellison Addrass:. 303 Third St. Phone Number: (909) 387-2251 San Bernardino, CA 92415 Fax Number. Email: Tellison@fm.sbcounty.Qov Con4'dc(Amount: 107,9 8.00 per year _ Yantis): 4 01/2014 to 3/31/2017 Description of supplies, equipment, or services provided: Santa Fe Building Maintenance currently provides Janitorial services and day-Rorter services along with floor and carpet cleaning services. Paan 37 PD Janitorial Sarvlces RFP 17-022 25D-83 F-XH181T H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after It has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duty authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and Its execution, and when It or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bands and certificate of liability Insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposers bond substltuied In lieu thereof adcompanying 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 intot171s agreement and ars made specifically as part of this RFP, Santa Fe Building Maintenance Firm Name _ Irineo Nuno Au t zed Signature Printed Name General Manager_�3�2©� r Title datb F�TRfJI JNUST 6 Cr7�IP4 TED AND Jam( UDEi3_V�Jjhi THS PROPOSAL. PROPOSALS THAT Do NOT CONTAIN THIS FORM WILL MECONSIDEREDNONRESPONSIVE, J Page 38 PDJanhodal SeMads RPP 17-07.2 25D-84 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall Include, but not 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 wit 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 conlractor'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 shalt 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. S. The contractor shall furnish ail information and reports required by Executive Order 11246 of September 241 1965, and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and wilt permit access to 111s1her 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 contractors 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 constructioniservices contracts In accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be Imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of labor, or as otherwise provided by law, 7. The contractor shall Include the portion of the sentence Immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 264 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. Page 39 P6 Janitorial Services RPP 17-022 25D-85 8. Pursuant to California Labor Code Section 17366, as added by Chapter W Slats. 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, Santa Fe Building Maintenance ruthorized Signature General Manager Title Irineo Nuno Printed Name 3112/ -7 Date THIS AREA LEFT BLANK INTENTIONALLY THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL-. PROPOSALS THAT DO NOT CONTAIN THIS FORM WfLL BE CONSIDERED NONRESPONSIVE, Pape 40 PD dnnilarlal Services AFP 17.022 25D-86 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES 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? 8 years Note: 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? 5 2,425,367.96 3. Is your firm Currently the debtor in a bankruptcy case? []Yes ®No I.f'yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 3, above.) []Yes ®No If *Yes," indicate the case number, bankruptcy court, and the date on which the petition was tiled. Case Number Bankruptcy Court Date Filed 5, Has any California State License Board License held by your firm or its responsible managing employee, or responsible managing officer, been suspended within the last five years? ❑Yes ®No 6. At 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 7, Has your firm ever defaulted on a contract? ❑ Yes 91 No lt'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 frorn bidding on, or completing, any government agency project for any reason? ❑ Yes M No Ii 'yes; explain on a separate page. State the name of the organization debarred, tite 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 number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) Page 41 PD Janitorial Services RPP I7•e22 25D-87 1 Q. to 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 [K No If 'yes.- on a separate page Identify the ciaim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the Claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending, or it resolved, a brief description of the resolution.) 11. At any ttme during the past five years, has any surety company made any payments on your firm's behaff as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ® No 12, In the last live years, has any insurance carrier, for any form of insurance. refused to renew an insurance policy for your firm? ❑ Yes ® No 13, Has your firm or any of its oiners, officers, or partners ever beer. liable in a Civil suit, or found guilty In a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes X No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federat or state crime of fraud. theft, or any other act of dishonesty? ❑Yes MNo if eyes." identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. It 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. If you wish to do so, you may provide an explanation for a percentage rate higher than one percent, O 16, During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your fine had no surety bond in place during a project when one was required? ❑ Yes N 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 1M No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was Issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 19. 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: It 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.) It "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. Pa700 PO Janitorrnl Serv4O 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? 0 Yes 0 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 inRially underpaid and the amount of back wages and penalties that were assessed. THIS AREA LEFT BLANK INTENTIONALLY THIS FONIVI M115T t3E COMPLETEf3 AND INCL P WITH THE PRO_ O� SAL_. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE DONSIDERED NONRESPONSIVE. 26IM9 PD .lanitoriai 5avhces RFI' 17-022 EXHIBIT K CITY OF BANTA ANA REQUEST FOR PROPOSALS FOR JANITORIAL SERVICES NON -COLLUSION AFFIDAVIT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 1 t2 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 to 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 mariner, directly or Indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal mice, 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 divutged information or data relative therelo, or paid, and will not pay, any tee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal, Note; The above non.coilusfon affidavit Is part of the submitted proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit, Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Irineo Nuno Printed Name State of California, County of San Bernardino Subscribed and sworn to (or affirmed) before me on this day of. 20_„_,x,,,, by having proved to me on the basis of satisfactory evidence to be the person(b) who appeared before me. Notary Public. Signature Notary Public Seal THIS FORtJI tUUBT BE COMPUET5 ANDINCLUDE WITH THE PROP PROPOSALS THAT DO NOT CONTAIN THiS FORM WILL BE CONSIDERED NO Patio 44 PD Janitorial Services RFP 17.022 2501-90 MAYOR r *01 A. Punta MAYOR PRO TEM Mlahato rdartirtex COUNctLMEMBERS P. OavW sanavlden Vicente sarnilaato Jode Solor(o Sat Tirialara Juan Vilingas March 6, 2017 CITY OF SANTA ANA.. 20 civia centerPhva a P.O. Box TSM Sonta Ana. Cailramra 92702 714.245=880 wvrtv x�,(lytta-anaom SANTA ANA POLICE DEPARTMENT (714)245.8074 IF9 17.022 Janitorial Services for Santa Ana Police Department ADDENDUM N!J?ASER 1 ACTING CITY MANAGER Gerardo Mount CITY ATTORNEY Sonia R. Camino CLERK OF THE COUNCIL Mafia 0. HuMat This addendum is provided in response to the following questions submitted tram the Mandatory Job Walls on February 22,2017- NO other questions will be acknowledged. 1. question: What is ilio square footage of the buildings? Answer: Polite Department= 240,000 sq, ft.; Jail,Facll ly='1£x0,000 sq, ft.: Southeast Substation= approximately 200 sq: ft.; Wastenil Substation= approximately 700 sq: ft. 2. Question: Is wfndow washing part of the bid? Answer: No: Please include pricing for this service under AdditionalfOptionat Services in the Price SummarF ycorm (revised farm attached). Windo%%included in this project were addressed during the job walk (excludes CZ) atrium skylights in the calling of the police facility. Community Room and Code 7 Calk -Skylights, and exterior vAndows of the facifsty. 3. Question: I have A question about these hours. Specifically, the second to last sentence: "There shall be 2 full-tfrne staff assigned to the morning shift. and 5 assigned to the afternoon shift.' When and where does this appty to? 2.1 W uhrr Si, lhm, The S:ania Ana Police and JW Facility have, bent utSizing privato gutltartal nraetteimarue since IT 0jamied as a new tacikty to January 1:397, hfnvinum stlffirk3 tavola tot Mor4w thmijh Fridoy jar totiat ma'snier once aro one (f l on,stte Strpatvesor, workpuJ 60fa (a) hours each day, (0) troll time janituriaf wsanitsk an tvarititn,T 9;Oit (4) hears each day, and throe ts) P:at,T+mo jcaititoiW perxonnel. wvrfang rota (4) hours each day. Weekends and Hrifxkgy stalling fevats tiro ttreo f3) jnfattirW personal, all w4tuiig (s) hotn e4&ft stay. Thera tiled iii 221 full -lime ~tell assigned to the aims rig shill and (5) fuAdin;a staff assigned to the allemoon shift. Al Answer. `There shall be 2 full-time staff assigned to therriorning shift and 5 assigned tO the afternoon shut" refers to Monday— Friday for Police and Jail Facility (not subst2tiCns). 4. Question: Who is the current incumbent? When were they avrarded the contract? Answer: This information strati be requested in a Public Records request. Please refer to the city's website for instructions on requesting this iiifcrination. 5. Questlon: Can I get a copy of the current contract? Answer: This information shall be requested in a Public Records request. Please rater to the City's wabsita for instructions an requesting this information. 6. Question: Do troy need night time service or day lime only? Answer: Both. Hours to tie covered are Monday -Friday 5:30AIA-2:00PM and 2:00PM-10:30PM, and $aturday, Sunday, and Holidays 6�00AM-2::a0phrl. 25D-91 7 Question: How much of the square footage is Carpet, how much is hard Voir? Answer: Adrhessed at job :rack. 8 Question: meow many restrgoms? Hoax many states, urinals per restroom? Answer, Addressed at job walk. 9. Question: How many kitchens do they have and how many sinks? Answar, Adtkessed at job walk- 10- alk.1g. Question: How many days a week do you .vant Service? Answer: Seven U) days a week - 1 i. Question: Estimated usage (number of hours) of prior contract? Answer. T^.q -41"llo address this quasIjon is not available from irw CC'S syskons, and is'rralava i m I. prN,panrt,j a rasp00%e to the RFP. 12. Question: Estanamd number of hours for this con"tract? Answer: P hts.day Nin riay -=tHtay; 48 hrs/aap Satu,,4 y, Sun;:f-a�.:t: hntiiia fs 13. Question: What is the current bili rate? Answer. Tiflis infainmation shalt be requested in a FulAc Reco<d% r*, uest Ftease roar 10 the City s �!tfrbsAp fear instructions on requestsrg !las :nfarmatiort. 14. Question: Are bid bonds and performance Fond required in this bid? Answet: Propcsal Cerosit. ?tiid .Anil) is required, a Perfaimancfe Scrid is not i5' Question: Has there been an isstua resulting in a catling of the banding fine? Answer. No ta. Question: Has the bonding company been put on notice or been notified? Answer: No 17. question: How Oftenthow many times have you assessed liquidated damages. if applicable? Answer: 0 18, Question: When would be the start elate? Answer: Cr,1 & about April 18. ,ol7 cxart date is not yet aeieimincd, 19 Question: The union contract expitas April 30. 2019 after that We have no idea what the •:.ages and benefits wilt be. How dp you want us to price this? Answer., Submit, prr..w.g fnr curmril untOn contract eoverins d:9teS tj'n:gjgh Apr? .X: 20*. to :rciudet a •.^.tat s.L in )our bid undica='ng i+reing is subject to change ront,Yngent upon rw,i union contract. 20. Question: is the day shift (2 full time) and aftemoon shift (B full time) separate from one (1) onsite Supervisor or are they the same personnel: Answer: The total of (8) fust time staff Mandey - Friday. is inciuswe of one (1) onsite Supetaisnr. 21, Question: What is the cost of monthly parking per person? Answer: The current rate s ."sE0 par month: erabject to change. Parkin} teas and passes, are arranged diroMV through Conry of mange PartingAdministration. 25D-92 1. Comment: Additional Definition of Terms. The following words as used in this RFP shall be understood to refer respeCNvely tc: City- City of Santa Ana, Califomia Police Department- Santa Ana Police Deparlment RFP- Request for Proposal Proposer or Contractor- The person, firm or corporation who is responding to this RFP and with whom the agreement is made by said. City and agent, or legal representative, who may, be appointed to represent such person, firm or corporation In the s gning and performance of said agreement- 2. greement 2. Comment: Please nota proposal due date time is on or before Wednesday, March 15, 2017 (POST) 3. Comment: As was instructed at the mandatory Fob walk, these questions were received by e- mail from 02122117 thru 03/05!17. Questions are now closed. No further questions will be addressed. End of Addendum 1 ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Thank you for your pailfi ipation and your interest In doing business with the City of Santa Ana, Sincerely, Uz Endquez Santa Ana Police Deparimant Property & Facilities Supervisor 7'14 -- 245.8074 I acknowledge i have received and read this addendum: Santa Fe Building Maintenance spondont Signatuta Company Name THIS NOTICE MOST BE SIGNED AND INCLUDED WITH THE PROPOSAL. j PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL LqE CONSIDERED NON- i RESPONSIVE. i 25D-93 Name Exhibit C Contractors Salary and Benefits Proposal 11.00 11.50 Health Plan EmplOYer srajf.prpvida gacry`glYglble No health plan employee tie Kaisef�C S MgdiCdl plan (Group Numb (11249112);' And tfieka73er C rescrlptioh Dru PlanLlber'.gDentai Pian �.R$ 4oye'1`inp t11g emp101ieu.and eipplpyeesdgpend'entsnd$5,QOD - nembar only life plant, fncluding a ;i2,Soo''_ eligible ddpertdent.li}�emsururcc@ �' tioverage Foreactjetrlplgy�e rep01V1Rg such HealfH and VYelar�.cg3graga� tstE ' t?mployg�r�haltpay�Nnally__"ng theTrusK �-� Fund a ba;e p2mium of5 i3A8 4B i T � j } j , j Sick Leave 'Sachem Idye€sHall be gr0d-t4d 'fi l.�) ,' 3 Days sick leave d�Ys sfd�laaYe.wl� p`sY Pe[Year Vacation Orrentlythe Fhh nme After one year of continued employment, one week paid LF1at vybrk.mbfe thTan, hours prday),pe�;_ vacation ��G �yeeks RatdyacatldJl perrye�r ' n = l!(I�gnCgntWckfstates gmployeesShall SttUmWatrptordtgd'vacafipRbenefits Ip Et'brdance With tho (4 IIOW�h'gschetlula 024imontdsof'empioy�pegt tiap per mon't d '46""'83ofa d6y Rer, mbnt}i r $4 rlfo'tfth5 of (',InploYm2nt7. 2§days pp(p7diith - Holidays Eight Hoff daV54;. Six Holidays: �NAw Y New Year's Day Pr@s dents Dray '- =�. Memorial Day MOmgrial DdY'� r '` Independence Day hdependenceDgy ^: Labor Day Labgr DaV Thanksgiving Day Thanksgming;gay_�"Christmas Day Day afterThailksgrving ChflstmasDak- 25D-94 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: APPROVE EMPLOYEE GROUP INSURANCE RATE RENEWALS WITH CALPERS, DELTA DENTAL, METLIFE DENTAL, EYEMED, AETNA LIFE; APPROVE AGREEMENT WITH REACH EMPLOYEE ASSISTANCE INC; APPROVE AGREEMENT WITH TASC FOR MANAGEMENT OF FLEX SPENDING ACCOUNTS AND RETIREE DENTAL; RECEIVE AND FILE CONTINUED AGREEMENT WITH ICMA-RC VANTAGECARE RHS {STRATEGIC PLAN NO. 7, 6} / RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and file rates for employee health insurance through CalPERS for calendar year 2018. 2. Receive and file rates for employee dental insurance with Delta Dental and MetLife, employee life and long term disability insurance coverage through Aetna and employee vision insurance through EyeMed for the calendar years 2018 and 2019. 3. Authorize the City Manager and Clerk of Council to execute the attached agreement with Reach, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee assistance plan services from January 1, 2018 to December 31, 2020 at a monthly cost of $1.85 per full time employee and $1.25 per part-time employee. 4. Authorize the City Manager and Clerk of the Council to execute an agreement with TASC, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee flexible spending accounts and Retiree Dental Billing services, effective April 1, 2017. 5. Receive and file continued agreement with ICMA-RC as the Plan Administrator of the VantageCare Retiree Health Savings Plan through December 31, 2018. DISCUSSION The City utilizes the services of two insurance brokers Keenan & Associates and Cook Insurance Services. Keenan is the broker of record on the life, accidental death & dismemberment (AD&D) 25E-1 Employee Group Insurance Renewals September 5, 2017 Page 2 coverage, long-term disability (LTD) insurance through the carrier Aetna, vision insurance through EyeMed, Flexible Spending accounts through TASC and EAP Program through REACH for all employees. Cook Insurance Service is the broker of record for dental coverage through the carriers Delta and MetLife. These coverages are sent out to bid by the brokers on a regular basis, usually in the summer of each year. Rates are finalized and issued in time for open enrollment in September of each year. The new rates are effective annually on January 1. The City purchases its medical insurance through CalPERS. The CalPERS health benefit program was established in 1962 under the Public Employees Medical and Hospital Care Act (PEMHCA). In 1967 the program was expanded to allow all public agencies access to the program. The City through a resolution amended its' contract with CaIPERS to allow it to participate in PEMCHA in 1996. CaIPERS is the second largest public purchaser of insurance in the nation behind the Federal Government and currently provides insurance for all State employees, public colleges and universities and to more than 1,000 school districts and local governments. To address the issue of rising health care costs, market stability, access and choice for contracting agencies, CalPERS utilizes a regional price approach grouping similar located agencies into regions. This approach and other polices are credited with holding down health care premiums, negotiating lower prices from hospitals and negotiating savings on prescription drugs. The change in CaIPERS basic HMO health plan rates range from a decrease of 10.60% for Blue Shield Access+ to an increase of 13.12% for Health Net Smart Care. The average increase for all HMO health plans will be 2.01% and the average decrease for all basic PPO health plans will be 2.46%. Currently the City contribution toward medical benefits for all bargaining units (except POA) is tied to the Kaiser rate (subject to labor negotiation agreements). Since Kaiser rates are increasing by 11.22% in 2018. Employees who chose plans other than Kaiser will be responsible for any increase in cost above the City contribution. Attached as Exhibit "A" are the CalPERS Health Premiums for 2018. Retirees are not included in the annual cost estimates. The Police Officers Association maintains its own insurance programs for medical, dental, vision and LTD coverage. The City purchases its dental insurance through Delta Dental and MetLife. Delta rates will not increase for 2018 and is guaranteed through December 31, 2019. MetLife rates will increase by 5% and is guaranteed through December 31, 2019. The City purchases its life and long term disability insurance through Aetna. The premium rates will not increase for 2018 and are guaranteed through December 31, 2020. The City purchases its vision insurance through EyeMed. The City does not contribute to the cost of this coverage. Employees are responsible for the full cost of this coverage. The premium rates will not increase for 2018 and will be guaranteed through December 31, 2020. 25E-2 Employee Group Insurance Renewals September 5, 2017 Page 3 City staff is asking for authorization to enter into an agreement with Reach Employee Assistance Inc., to provide employee assistance plan services for City employees for the term of January 1, 2018 to December 31, 2020. The City has previously contracted with Reach to provide these same services and has been pleased with the services provided. The Employee Assistance Program assists employees and their eligible dependents in handling problems that may be interfering with their performance on the job. Consultation for problems such as alcohol and drug abuse, legal, marital and family problems are available. REACH currently provides services under this program. Full time and part time employees are eligible to participate in the Employee Assistance Program. The costs to the City are billed on a monthly basis of $1.85 for full-time employees and $1.25 for part-time employees. The current rates will not increase for the term of the new agreement starting in 2018. Under the scope of the City's Insurance Benefit Broker Agreement with Keenan & Associates, is requesting to change its Flexible Spending Account and Retiree Dental Billing vendor from Conexis to TASC. City staff is requesting approval to enter into an Agreement with TASC to purchase employee flex spending accounts.. The City does not contribute to the employee's accounts; the employee pays for their contributions out of their paycheck. The City will be required to pay a nominal administration fee on behalf of the employees to administer the plan; a one-time set up fee of $300, administration fee of $4.25 per participant and an annual renewal fee of $100. The Agreement will automatically renew each year unless the City provides notice of cancellation pursuant to the terms of the Agreement. City staff is requesting approval to enter into an Agreement with TASC to administer the City's retiree dental billing. The City does not contribute to the premiums; the retirees pay the premiums directly to TASC. The City would be required to pay a nominal administration fee to administer the plan; a one-time set up fee of $250, administration fee of $2.25 per participant and an annual renewal fee of $125. The City has an established and ongoing agreement with ICMA-RC VantageCare Retirement Health Savings Plan to provide employees a benefit to deposit and withdraw tax free dollars for qualified medical expenses at retirement. FISCAL IMPACT Funds in the amount of $4,925,158 are budgeted and available in the Personnel Services Employee Benefits account (account no. 08109053-64010) to pay for City administered insurance coverage effective January 1, 2018. Funds in the amount of $9,500 are budgeted and available in the Section 125 Benefits account (account no. 08109052-64094) for flex spending administration. Funds in the amount of $8,898,207 are budgeted and available in the Employee Benefits account (account no. 08109053-64010) to pay for the insurance coverage administered 25E-3 Employee Group Insurance Renewals September 5, 2017 Page 4 by the POA. Funds in subsequent fiscal years will be budgeted and available depending on changes in the number of employees enrolled and benefit costs. FY 17-18* FY 18-19 FY 19-20** FY 20-21*** $ 4,934,658 $ 10,748,000 $ 10,383,977 $ 9,800,977 'Reflects Jan. — Jun. 2018 "Includes Dental Plan costs through Dec. 2019 'Includes vision and EAP costs through Dec. 2020 dwar Raya Executive Director Personnel Services Exhibits: A- CaIPERS 2018 Premiums B- Kennan Renewal Summary C- Delta Dental Premium Renewal D- MetLife Dental Premium Renewal E- Reach Agreement F -TASC Flex Agreement G -TASC Retiree Billing Agreement H- Vantage Care RHS Agreements D AS TO FUNDS AND ACCOUNTS: utierrez Executive Director Finance & Management Services Agency 25E-4 7111 nn17 'Dental and vision coverage Is an additional $38.00 per member per month premium. You will be billed directly for this amount. 2Dental benefit is an additional $15.05 per member per month premium. You will be billed directly for this amount. 'Dental and Vision coverage Is an additional $27.65 per member per month premium. You will be billed directly for this amount. EXHIBIT A 25E-5 CalPERS 2018 Monthly Premiums for Contracting Agencies Other Southern California Region Fresno, Imperial, Inyo, Kern, Kings, Madera, Orange, Riverside, San Diego, San Luis Obispo, Santa Barbara, Tulare Actives and Annuitants Effective Date: 1/1/2018 - 12131/2018 Basic;MontW Rate PLATY _ Employee Party '.1- ..Employee& Plan Cede Only Rata t Dependent Party Plan Code Rate EmPluyee8 2+ Dependents ° Parry, Plan Cotle Rate Anthem HMO select $659.69 478 1 1 1 $1,319.38478 2 2 $1,715.19 47831 3 Anthem HMO Traditional 735.08 407 1 1 1,470.16 072 40721 2 1,911.21 40731 3 BSC Access+ 695.97 142 1 1 1 1,391.94 1422 2 1,809.52 142 31 3 Health Net Salud y Mas 461.56 412 1 1 923.12 412 2 2 1,200.06 412 3 3 Health Net SmartCare 607.68 414 1 1 1,215.36 4142 2 1,579.97 4143 3 Kaiser Permanente 666.80 308 1 1 1,333.60 308 2 2 1,733.68 308 3 3 PERS Choice 698.96 323 1 1 1,397.92 3232 2 1,817.30 3233 3 PERS Select 654.74 082 1 1 1,309.48 .0822 2 1,702.32 0823 3 PERSCare 733.50 328 1 1 1,467.00 328 2 2 1,907.10 328 3 3 PORAC 734.00 207 1 1 1,540.00 2072 2 1,970.00 2073 3 Sharp UnitedHeaithcare 618.14 420 1 1 1,236.28 616.66 432 1 1 1 1,233.32 4202 432 2 2 2 1,607.16 1,603.32 4203 432 3 3 3 Supplement/Managed-Medicare" Monthly Rate (M) - - "- PLAN EmPI%ee, Only < Plan Gotle .Pony Empl%¢oa Rale 10ependent Plzn Calle Party Rate �Employeea 'Plan 2. Dependents Cotle Party Rate Anthem Traditional Med Adv Health Only $370.34 259 1 4 $740.68 2592 5 1 $1,111.02 2593 6 Anthem Traditional' Med Adv Healthmentauvision 370.34 109 1 4 740.68 109 2 5 1 1,111.02 1093 6 Kaiser Senior Adv 316.34 318 1 4 632.68 3182 5 949.02 3183 6 Kaiser Senior Advloental2 316.34 492 1 4 632.68 4922 5 949.02 4923 6 PERS Choice Med Supp 345.97 333 1 4 691.94 3332 5 1,037.91 3333 6 PERS Select Med Supp 345.97 0831 4 691.94 0832 5 1,037.91 0833 6 PERSCare Med Supp 382.30 338 1 4 764.60 5382 5 1,146.90 3383 6 PORAC Med Supp 487.00 208 T-4 970.00 2082 5 1,651.00 208 3 6 UnitedHeaithcare Grp Med Adv/PPO Health Only 330.76 386 1 4 661.52 3862 5 992.28 386 3 6 UnitedHeaithcare' Gr Med Adv PPO HWthlDentaliyision 330.76 387 1 4 661.52 3872 5 992.28 387 3 6 'Dental and vision coverage Is an additional $38.00 per member per month premium. You will be billed directly for this amount. 2Dental benefit is an additional $15.05 per member per month premium. You will be billed directly for this amount. 'Dental and Vision coverage Is an additional $27.65 per member per month premium. You will be billed directly for this amount. EXHIBIT A 25E-5 7/11/2017 'Dental and Vision coverage is an additional $38.00 per member per month premium. You will be billed directly for this amount. 'Dental benefit is an additional $15.05 per member per month premium. You will be billed directly for this amount. 'Dental and Vision coverage is an additional $27.65 per member per month premium. You will be billed directly for this amount. 25E-6 CalPERS 2018 Monthly Premiums for Contracting Agencies Los Angeles Area Region Los Angeles, San Bernardino, Ventura Actives and Annuitants Effective Date: 1/1/2018 -12/31/2018 `Basic_Mon thl 'Rate B':; PLAN Employee Plan Cod Farcy 'Employee& - Only 1Deendent 'Plan Code Dependent Party ,Employee& Party' Plan Code arty ,Rate Rate 2a Dependents Rate Anthem HMO Select $660.17 4131 1 $1,320.34 4132 2 $1,716.44 4133 3 Anthem HMO Traditional 784.72 402 1 1 1,569.44 402 2 2 2,040.27 402 3 3 BSC Access+ 613.29 144 1 1 1,226.58 14421 2 1,594.55 1443 3 Health Net Salud y Mas 404.32 443 1 1 808.64 4432 2 1,051.23 443 3 3 Health Net SmartCare 577.15 408 1 1 1,154.30 408 2 2 1,500.59 4083 3 Kaiser Permanente 642.70 306 1 1 1,285.40 306 2 2 1,671.02 306 3 3 PERS Choice 620.39 321 1 1 1,240.78 321 2 2 1,613.01 321 3 3 PERS Select 573.21 080 1 1 1,146.42 0802 2 1,490.35 080 3 3 PERScare 673.73 326 1 1 1,347.46 3262 2 1,751.70 326 3 3 PORAc 734.00 207 1 1 1,540.00 207 2 2 1,970.00 12073 3 UnitedHealthcare 602.78 14281 1 1 1 1,205.56 4282 2 1,56723 142831 3 Su pplenient/Managed Medicare Monthly Rate (M) ,PLAN Employee- - Only Plan Code Party Employee'& Rate IDependent Plan Code - Party Rate Employ", .Plan CodcParty l 2+pependents Rate Anthem Traditional Med Adv Health Only $370.34 2711 4 $740.68 271 2 5 $1,111.020 Anthem TradtUonal' Med Adv HealthlOentalNislan 370.34 166 1 4 740.68 166 2 5 1,111.02 Kaiser Senior Adv 316.34 316 1 4 632.68 3162 5 949.02 Kaiser Senior Adv/Dental' 316.34 493 1 4 632.68 4932 5 949.02 493 3 6 PERS Choice Med Supp 345.97 331 1 4 691.94 331 2 5 1,037.91 331 3 6 PERS Select Med Supp 345.97 081 1 4 I691.94 081 2 5 1,037.91 081 3 6 PERScare Med Supp 382.30 3361 4 764.60 3362 5 1,146.90 3363 6 PORAC Med Supp 487.00 208 1 4 970 .00 208 2 5 1,551.00 2083 6 UnitedHealthcare Grp Med AdvIPPO Health Only 330.76 382 1 4 661.52 382 2 5 992.28 3823 6 Grp hie Adv1P 0Hea Gr hied Ativ/PPO HeaIthlDentalMslon 330.76 383 1 4 661.52 383 2 5 99228 383 3 6 'Dental and Vision coverage is an additional $38.00 per member per month premium. You will be billed directly for this amount. 'Dental benefit is an additional $15.05 per member per month premium. You will be billed directly for this amount. 'Dental and Vision coverage is an additional $27.65 per member per month premium. You will be billed directly for this amount. 25E-6 z 25E-7 0 0 o i o 0 0 l o 0 o f o a I M o 06 0 h N n P n CL N a aND `n N '.' O � of W fR ✓� Vi t t O I O o o i o 0 0 0 0 o 0 I o 0 o 0 o o o I o ni of o� o o o I h h n N n m OL O N N N W a6 h M CNI O bN4 N' Vt C) W O tR h 0 0 CV hM N n VM CPV c � h M � N O N C'1 W y� bN4 eH O fR 0 a E m E m E m o a l f Oco O ;V) t t t t CC C C m m m 0 0 0 U U U a) m m d 0 0 0 0 a a a a w w w E a a a < N P � � � Z N M n P � o a o C o w OF Oz 0 w z 'O �... rc 0 n d 0 c 0 2 Q W O o G N o` C O O O o < 0 n o) E 0)- O w > o) E OR o):E - 25E-7 PM 25E-8 0 o a 0 o 0 0 0 0 o c = a --- a — a a o � P M P O O O C O O W W d O a co P M � n 00 h CIZ Vi � w o l o jj o l I o w d a o o a d P Cli N N N � VT V? V K OM I b04 uOh O O O O 2 O O O O O 6 a a N V C O O O Oc07 O U M O OM O a) O 2 O C Q 7 C C 7 C C O v! C C a o 0of°a OL D D m ¢ �jb`�l v� u� co coi N D L L L IiCO G C C O O O >� D T U O x CLW 0� m 0 0 ESI W w w� LL a) 1 a) >� L: C) Q) > > > a a o ¢ 0) m Q ¢ ¢ O U f v a v W J ? G W r c d 0 w� z >� d J O^ �. U '�" m 'd"� rc �� c 00V 2 �rn� a d❑ �rn� a>° 0 ago a� 25E-8 15t -y N C 2 O U vi 0Oe 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 eR I w i as vT iR W rA NF d� OW O OW' O OW a'10�C0 O O o O O 6 0 � O N o 00. 6 of �Oj � O 00 N O O V C C O O O Oj O O O O O O O U C C O 0 O� 0 0 O 0 O V m Of? O O J E 6 m C� O ml C� m C� m C� O O 7 E ON m O ri 0 d C 0 C Q C 0 C Q C o C o C Q o a Q o Q a n o Q co ¢.h O COT ��v�jl� O COT hOn T T T T T T T C O C O C O C O C O C O C O C 0 ,C 0 C 0 'C 0,- C � N a c 0 0 E O U 0 E C E C c C N I ~ :)O w N > O N 7 E0 47� P b V n + O U O U P V N O)..0 `0 h O N E O N h mon OI h n. mO O� Q 0) m O=�? Q N Q `' U f Q w v 01 Q Q Q U LL 00 V OlN <1 <01 Q M n v w 0 z .a `c W C Q d O � O Q� 01: 15t -y 25E-10 x%-avw.deltadent:)lin&cola June 23, 2017 CITY OF SANTA ANA 20 Civic Center Piz Santa Ana, CA 92701-4058 RE: Contract Renewal for CITY OF SANTA ANA Delta Dental PPO' Group# 00599 We appreciate your business and thank you for choosing Delta Dental of California. Your employees are among the millions nationwide who trust their smiles to Delta Dental. We are pleased to present you with your dental plan contract renewal information. We are committed to providing you with quality plan designs combined with excellent customer service. When reviewing your dental plan, we considered cost factors related to CITY OF SANTA ANA's dental service utilization and claims experience. Our analysis indicates that no increase in your current rate is necessary. We have calculated your rates based on the employer/employee contribution levels in your contract remaining the same. If the contribution levels and/or enrollment guidelines have changed or will change, please notify. us immediately, as such a change may affect your renewal rate. The following is the renewal information for your Delta Dental PPO' dental plan: Effective Date January 01, 2018 Contract Term�JniiCr7Cry> .,1, �O]8�-DecemherA,],-2019*'r % increase E000° Enrollee Only Current Rates $52.56 Enrollee + I or more Dependents $129.44 *PPO Premium Holiday: Renewal includes a one month premum holiday for January 2018. Delta Dental h)sumnce Canyrury. Iclephonc: 800.521-2651 Della Dental of Calilbmia 1'elephone: SNS -335-8227 EXHIBIT C 25E-11 Renewal Rates $52.56 $129.44 Della Dental Mid -Allan ie Region Delia Dccnml nl Deh n:ue, Inc. DcOa I)cmnl nl'thr District of Colwnhin Delta Dente oI*Nc, York. Inc. Delta Denud of I'auls)'I :mia (\Inrrl:null Delta Dental ol'Wem Virginia telephone. %0()-932-07x3 O 25E-12 MetLife" July 20, 2017 Re: City of Santa Ana Renewal —1/1/2018 Dear Benefits Coordinator, MetLife appreciates the opportunity to be a part of your benefit program. This letter confirms your renewal for the 2018 plan year. These rates will be good from 1,1`=20118.=12'31-=20 9. In determining the rates for the coming plan year, we have evaluated your plan experience, taking into account the credibility of the experience and the demographics of your group. Our objective in the renewal process is to identify rates that will maintain the overall financial stability of your benefit program. We have set the following rates for the coming year: Coverage DHMO • Em to ee Current Renewal Change in RatefFee Rate/Fee Rate/Fee only $27.70 $28.53 �t3:OJ3 • Em to ee + Famil $47.34 $48.76 (�:EUQN The rates shown above assume your existing plan design, contribution structure and group demographics remain the same. Please do not hesitate to contact me at 949-202-9020 if I may answer any questions or assist in any way. Once again, thank you for the privilege you have extended to us. You are the reason we are in business. We look forward to continuing our relationship in the months and years ahead. Sincerely, Bailie Schira Account Executive Dental HMO plans in California, Florida and Texas are available through a domestic company in the applicable state named SafeGuard Health Plans, Inc. The SafeGuard companies are part of the MetLife family of companies. Request to Notify Alaska Residents of Impending Coverage and/ar Premium Changes Undei Alaska Statute 21.36.2)5, covered individuals residing in Alaska must he notified of impending coverage and)or premium changes, as appl,rable if you Dave employees residing in Alaska who aie invered under Met[-Ke's Disahillty, Dental, Vision of Accidental D dth and Disnembennent pohues, eve ask that you provitle them with arruten notice at least 45 days in advance of dhe effective elate or the renewal, nofifyina Main that coverage andior prenhiums may change. Once renewal details are finalized, a second notice must be provided setting forth the details of the coveraue nr pfenimin change_ If you would like wordrng for mese notices, please contact your Mettle service team 25E%BIT 25E-14 REACH EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT This Employee Assistance Program Services Agreement is made and entered into as of_ day of August, 2017, between REACH Employee Assistance, Inc. (hereinafter referred to as "REACH"), a California corporation, 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 (hereafter referred to as "City".) Whereas REACH is engaged in the Employee Assistance Program Services business and desires to service City; and Whereas City desires to obtain the Employee Assistance Program Services of REACH. It is therefore agreed as follows: This is a contract for service outlining the duties and responsibilities of REACH Employee Assistance, Inc., to the City of Santa Ana. I. Below are listed the Scope of Services provided by the REACH: I: Assessnrent/CounselingfReferral for Employees and Dependents. A total assessment will be administered for a well-rounded analysis of the client's problem. Employees and immediate family members are entitled to up to three (3) sessions per incident every six (6) months. REACH provides professional assessment/counseling to the point of referring the client to an outside counseling professional or agency. In addition, REACH provides follow-up consultation. The number of sessions offered, within this limit, will be at the sole discretion of the REACH counseling staff. The City will be assigned a REACH liaison person. REACH provides quality, experienced counselors knowledgeable in assessment skills to provide personal counseling to employees and immediate family members. REACH also provides qualified and experienced staff to assist management on all aspects of Employee Assistance Program. Dr Marcus Dayhoff is administratively, operationally and clinically responsible for REACH. A. Confidentialitv and Release of information As a general rule REACH shall not disclose to the City the identity of City employees or immediate family members of City employees who elect to participate in the REACH Program offered under this Agreement. Exceptions Notwithstanding the above, REACH shall release to the City in writing the following information on employees who have been referred into the REACH Program as a condition of employment with the City: A) Whether employee has agreed to participate in the Assistance Program. EXHIBIT E 25E-15 B) List of all appointments of employee kept and missed, together with reason, if any, for missing the appointment. C) Submission of the employee's anticipated treatment plan as a participant in the Program. This plan shall consist of the following: 1) The anticipated number of visits, appointments, or sessions requested of the employee. 2) The type of therapeutic procedures in general terms that the employee is to receive during the employee's participation with the REACH Program or the treatment provider(s). 3) Description of the treatment service provider the employee is referred to by REACH. 4) Any other information not contained in the employee's treatment service provider medical record deemed appropriate by the City to evaluate the employee's participation in the Assistance Program. D) Any conclusion or opinion of REACH or employee's treatment service provider that the employee is limited or restricted in his/her ability to perform the employee's job duties, such limitation may be, but not necessary, limited to physical, psychological, or medical reasons. E) Any conclusion or opinion of REACH or employee's treatment service provider that employee's participation may necessitate employee's absence from the City. F) That employee has failed, refused, or otherwise has discontinued to proceed with the REACH Program or any treatment service provider. G) Report consisting of the following: 1) Diagnosis 2) Summary of treatment or therapeutic procedures 3) Disabilities, limitations, or restrictions of employee 4) Recommendation on further treatment. The above information shall be considered confidential information not subject to disclosure by REACH unless the City employee has on file with REACH and any treatment service provider in the REACH Program an irrevocable authorization(s), RELEASE OF INFORMATION to the City. On receipt of the City's request for the above information, REACH shall notify in writing, the City employee of the City's request. NOTE: The City agrees that in cases where an employee agrees to be referred by management to REACH, the Supervisor will seek written permission from the employee to inform REACH of the circumstances leading up to the referral. z 25E-16 The City agrees to in no way insist or demand confidential information from the REACH program on specific individuals who do not want their information released to the City. Service Providers: Exceptions will also be made in cases when the employee and/or immediate family members sign a written release authorizing the release of information by REACH to one or more agreed upon seivice providers. 2. Definitions a. "Client" shall mean an employee or his/her immediate family member participating in the REACH EAP program. b. "Treatment Service Providers" or "Service Providers" shall mean an outside counseling professional or agency, referred by REACH, whose services will be paid by the client. 3. Counseling Hours REACH provides counseling hours from 8:00 a.m. to 8:00 p.m. Monday through Thursday, Friday 8:00 to 5:00 p.m. and will respond appropriately and effectively to employee needs. Every attempt will be made to see management referrals and employees in crisis as early as possible to the time of call and no later than 24 hours (during business hours) of the call being made. All other clients will be seen within 48 hours of the call being made. The City agrees to provide REACH with names and telephone numbers of liaison individual(s) at the City who can be contacted in cases of emergencies and keep REACH appraised of changes in contacts and telephone numbers. 4. 24 -Hour Availability, 7 days a week REACH provides confidential intake and psycho -social assessment and counseling to the point of referral to employees and their immediate family members with a 24 hour telephone service. REACH assures that no calls go unanswered and that all crisis callers receive courteous and prompt service. During non -business hours, all calls answered by the REACH answering service will be connected to the on-call counselor. The REACHline number is 1-800-273-5273. 5. Location Employees and family members will have a choice of counseling either at one of our several conveniently located offices or at one of our service provider's office. 3 25E-17 6. Referral Network When necessary, REACH will refer employees and dependents to appropriate, cost effective, geographically convenient and high quality services provided by individuals and agencies which have been screened by our staff. 7. Monitoring/Follow-up REACH will monitor and follow-up as long as appropriate all people referred by the REACH program to outside individuals and community resources to assure the problem is resolved and that the person is satisfied with the quality of referrals. In cases of management referrals, REACH will also follow-up regularly with the City on status of job performance. 8. Service Utilization Reports REACH will provide quarterly confidential reports on service utilization, aggregate client profiles, assessed problems and outcome at case closure. Customer satisfaction reports will be available upon request by the City. 9. Benefits The City agrees to provide REACH with copies of all the City employee benefit plans and appraise REACH of all changes as they occur. 10. Avoiding Conflict of Interest REACH agrees to avoid conflict of interest by providing up to three (3) referrals to clients based on competency, geography and the most cost effective modality to deal with the client's problem(s). No referrals will be made to the private practices of REACH counseling staff members or to any private practitioner and/or agency with whom a REACH counselor has an economic relationship. Only the City can make exceptions to this rule. 11. Alcoholism and Chemical Dependency Intervention Services REACH provides job related alcoholism and chemical dependency intervention services as required. 12. Poliev and Procedure The City agrees to consider implementing a policy and procedure statement on employee assistance when appropriate. REACH will provide technical assistance to the City staff in writing a policy and procedure statement on employee assistance. 4 25E-18 13. Training REACH will provide Management and Supervisory training sessions annually. It is recormnended that no more than 25 managers/supervisors attend each session. The purpose of these training sessions is to make managers and supervisors aware of City employee assistance program policy and procedures, of how to identify poor job performance as it relates to personal problems and to familiarize them with the processes of referrals and follow-up..The effectiveness of each training session will be evaluated. 14. Management Guidelines REACH supplies on request Management and Supervisor Employee Assistance Program guidelines for inclusion in City personnel management guidelines. 15. Manager/Supervisor Consultation and Assistance REACH will assist managers and supervisors calling REACHIine for consultation on how to deal with specific employee incidents or problems, which may require EAP intervention. The City agrees to encourage managers and supervisors to take advantage of this consultation service. 16. Program Promotion The City agrees to support REACH in developing a yearly EAP program promotion plan. a. EAP orientation classes for employees in groups of up to 50 will be available to the City as a means of introducing City EAP policy and procedures and utilization of REACH services. b. "Munch & Learn" presentations will be conducted periodically upon request by the City, at City locations to maximize utilization of REACH services. C. REACH brochure & REACHIine cards will be supplied to the City for distribution to all employees. d. REACH Frontline will be electronically supplied to the City quarterly for distribution to all supervisors. e. REACHIine.conr will be available for online use to all employees and family members. Employees will be supplied a password as mentioned on REACH employee brochure for online secure area access. f. RE, ACHIine Posters will be supplied from time to time to the City for posting on official staff bulletin boards. 5 25E-19 g. Originals of promotional materials for inclusion as short articles in internal staff newsletter or as check stuffers will be supplied upon request by the City. h. REACH staff will participate at the City's employee benefit fair upon request. i. REACH will assist with drafting of any EAP related materials to announce REACH services to employees. 17. Quali REACH conducts on-going quality assurance audits on all aspects of the program from inception to end of the contract year. REACH will supply the City with quarterly reports. II. THE CITY OF SANTA ANA REALIZES AND UNDERSTANDS 1. Top management support and commitment is essential to the success of the REACH Employee Assistance Program at the City of Santa Ana. 2. REACH is a totally confidential program. The City will only be aware of employees referred officially by management and information about that employee will not be released without written consent of the employee. 3. REACH will not, in all cases, be able to resolve the employee's or dependent's problem(s) in the set number of counseling sessions. In such cases the employee or family member will be referred to quality, cost effective resources available within the community. 4. Employees and dependents will not be charged for the services provided by REACH. If referrals are necessary, those referrals may result in additional cost to the City's benefit plan and may result in added costs to the employee or family member. 5. The REACH program is made available to all fiill- and part-time employees and their dependents. The REACH benefit starts on the first day of employment. 6. It is anticipated that the yearly employee utilization rate will be a minimum of 6-8%. The REACH promotional program will aim at achieving at least this utilization rate. III. TERMS AND CONDITIONS The Agreement period will be from January 1, 2018 to December 31, 2020. 2. The total cost to the City for the services to be provided to the City and its employees by REACH under this Agreement shall be $1.85 per fill time ennployce per month, and $1.25 per part time employee per month. While the number of persons employed by the 6 25E-20 City may fluctuate from time to time during the term of this Agreement, the City agrees the amount of compensation payable to REACH during the term of the Agreement shall be based on the number of persons employed by the City at the beginning of the month invoiced for. The beginning employee count will be 970 full time and 490 part time. The City will be invoiced on the first of each month for that month's installment. Checks will be made payable to REACH Employee Assistance, Inc. and mailed to 650 N. Rose Drive, #350, Placentia, CA 92870 - Attn.: Accounts Receivable. 4. The City will make payment within 30 days from the date of the receipt of the invoice from REACH Employee Assistance, Inc. 5. REACH Employee Assistance; Inc. agrees to indemnify, defend, and hold harmless the City, its officers, employees, agents and representatives, from any and all claims, demands, purported liability, or consequential damages of any kind or nature arising out of or in connection with REACH's acts or omissions in carrying out the terms of this Agreement or exercising the rights herein granted; excepting those claims, demands, purported liability, or consequential damages which arise out of the sole negligence of City. 6. REACH agrees to maintain during the course of this Agreement the following insurance coverage: a) Comprehensive general liability insurance coverage, including personal injury and contractual liability coverage, in an amount equal to One Million Dollars ($1,000,000.00) per occurrence, combined single limit; b) Worker's Compensation insurance as required by State of California statutes; C) Professional liability insurance with a One Million Dollar ($1,000,000.00) limit, per occurrence. REACH agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement. Also, the City of Santa Ana, its officers, agents and employees will be named as additional insured on the above referred comprehensive general liability coverage and REACH will provide an endorsement to that effect. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. Such insurance will be evidenced by certificate and issued by companies licensed to do business in California and acceptable to the City. Before REACH perforins any work, it will furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned general liability, and professional liability insurance coverages on forms acceptable to the City 25E-21 which shall provide that the insurance in force not be canceled or modified without 30 days prior written notice to the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against REACH by way of set-off or recoupment from the sums due REACH, at City's option; (b) immediately terminate this Agreement; or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from REACH, by way of set-off or recoupment from any sums due REACH. 7. NO ASSIGNMENT. REACH shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City's City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assigned or transfer shall be null and void and shall constitute a material breach by REACH of its obligations under this Agreement. No assigmnent shall release the original parties or otherwise constitute a notation. S COMPLIANCE WITH LAWS. REACH shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. 9. ATTORNEY FEES. If any action at law or in equity is brought to enforce or interpret the terns of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to the relief to which such party may be entitled. 10. INTERPRETATION. (a) Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed by and construed according to the laws of the State of California, with venue in Orange County. (b) Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral). To the extent there is any conflict or inconsistency between the terms and provisions of this Agreement and the exhibits attached hereto, the terms and provisions of this Agreement shall govern the rights and obligations the parties hereto. (c) Written Amendment. This Agreement may only be changed by written amendment signed by REACH and the City Manager of the City or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect. 25E-22 (d) Severability. If any provisions of this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement. (e) Order of Precedence. In case of conflict between the tenns of this Agreement and the terms contained in any document attached as au exhibit or otherwise incorporated by reference, the terns of this Agreement shall strictly prevail. (f) Choice of Forum. The parties hereby agree that this Agreement is to be executed in accordance with the applicable laws of the State of California, is entered into and is to be performed in the City of Santa Ana and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the City of Santa Ana at a place to be determined by the rules of the forum. 11. TIME OF ESSENCE. Time is strictly of the essence of this Agreement and each and every covenant, term and provision hereof. 12. AUTHORITY OF REACH. REACH hereby represents and warrants to the City that REACH has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized. 13. NOTICES. Any notice or demand to be given by one party to the other shall be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Santa Ana or any other City department is not adequate notice. 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: Executive Director of the Personnel Services Agency City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702 Fax 714-647-6930 City Attorney 25E-23 City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 If to REACH: REACH Employee Assistance, Inc. 101 East Lincoln Avenue, Suite 230 Anaheim, CA 92805 Attn.: Dr. Marcus Dayhoff Fax: 714-533-5700 Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party. 14. TERMINATION FOR CONVENIENCE (Without Cause). The City or REACH may terminate this Agreement in whole or in pail at any time, for any cause or without cause, upon sixty (60) calendar days' written notice to the other. If the Agreement is thus terminated by the City for reasons other than REACH's failure to perform its obligations, the City shall pay REACH a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be REACH's exclusive remedy for termination without cause. 15. DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment of services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute perfornance. 16. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Agreement, REACH agrees as follows: a. REACH shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or mental or physical disability. REACH will ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, national origin or mental or 10 25E-24 physical disability. Such actions shall include, but not limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other fors of compensation and selection training, including apprenticeship. REACH agrees to post in conspicuous places, available to all employees and applicants for employment, a notice setting forth provisions of this non- discrimination clause. b. REACH shall, in all solicitations and advertisements for employees placed by, or on behalf of REACH, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or mental or physical disability. c. REACH shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 19. CONFLICT. REACH hereby represents, warrants and certifies that no member, officer or employee of REACH is a director, officer or employee of the City, or a member of any of its boards, commissions or committees, except to the extent permitted by law. (Signatures on Following Page) 25E-25 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: &Uy ' N Laura Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Edward Raya, Executive Director Personnel Services Agency CITY OF SANTA ANA Cynthia J. Kurtz Interim City Manager REACH Employee Assistance, Inc. By:"Director MarcCEO 12 25E-26 SECTION I , THIS SERVICE LEVEL AGREEMENT ("Agreement"), is entered into b; Total Administrative Services Corporation ("TASC") and the Employer identified Services Plan Application ("Plan Application') as the Plan Sponsor, City of Sa. Agreement is effective on the date of the Plan Sponsor's signature on the Plan App] is attached as Exhibit A to.this'Agreement The terms of.this Agreetnent.apply to tl services identified on the Plan Application.' The Plan Sponsor is duly organized, and fully authorized to enter into this Agreement. The individual executing the on behalf of the Plan Sponsor is fully authorized to do so. 1. Scope of Relationship A. As used; in this Agreement, the terms Administrator (commonly referred Administrator), Plan Sponsor, Named Fiduciary and Plan Assets meaning given to such. terms by the Employee Retirement Income S l97 } (ERISA), as amended. TASC is not the Plan Administrator, the or a Named Fiduciary for any Plan Identified on the Plan Applicatior not accept a fiduciary role or status for any Plan: TASC is and u Independent contractor with respect to all services provided. TASC Sponsor are not partners or engaged in ajoint venture. TASC does not i employee contributions or plan assets. B. All fees paid toTASC by the Plan Sponsor, regardless of the payment are paid from the general assets of the Plan Sponsor. C. TASC is not a lain firm and is not providing legal or tax advice. All EXHIBIT F 25E-27 Group t. This which s) and 'he Plan ave the Act of ponsor, C does :rain an to Plan or hold verbal communication provided under'the terms of this Agreement are general n naIure and not intended to constitute legal or tax advice. The products and servi es rovided pursuant to this Agreement may ,have legal and tax consequences. A y q estions regarding Plan Sponsor's particular needs, requirementts, circumstanc , of the tax consequence of any product or service offered under this Agreement mu f be Jirected to Plan Sponsor's own advisor(s) at the Plan Sponsor's expense. 2. Services Provided bvTASC .A. TASC shall use ordinary care and due diligence in the performanct of i s duties under this Agreement and provide timely administration and manai erne it of the Plans) Identified in the Plan Application as outlined in the applil able product administration manual and/or materials incorporated by express ret ren' a to this Agreement Services provided by TASC are subject to change upon Vritt n notice to the Plan Sponsor or as required by law. B. In the case of Flex System, and TASC HRA Plans, TASC will also rov de audit assistance support under the terms of the applicable Audit Guarante -T SC may change any feature, function, brand,'third party provider, or attribute of a Service, or any element of its systems or processes, from time to time, provded (hat such changes do not have a material adverse Impact on the performance or cast of the Service. 3. Responsibility of the Plan Sponsor A. The Plan Sponsor has final and complete discretion over the PIns. The Plan Sponsor Is the Plan Administrator under ERISA The Plan Sponsor •hall) have the sole and Final discretionary authority in respect to all legal and 25E-28 functions of the Plan. The Plan Sponsor acknowledges and iccepts sole responsibility for the payment of all Card Transactions. TASC can Mist he Plan Sponsor in the recovery of Card Transaction amounts reported t s fir; udulent transaction activity by Participants, provided however that Plan Pa icipants comply with the terms outlined in the cardholder agreement f r the timely reporting of such fraudulent activity and the Plan Sponsor complies with policies and procedures for reporting such.fraudulent transaction activity, B. The Plan Sponsor must present to TASC, in an accurate, comple a anti timely manner, all relevant and requested information necessary or des red for administrative functions to be performed by TASC in a standard TASC "ormat.or an alternative format agreed upon by the parties. TASC shall rely o the accuracy and timeliness of Information provided to it by the Plan Sponsor. rAS has no responsibility to review or verify data provided by the Plus Sponsor TAC is not responsible for detecting illegal .acts by, and/or misrepresentation of, the Plan. Sponsor's employees or*representatives. TASC shall have no re poh bility or liability for failure to provide any service for which the Plan S ons! has not provided complete data to TASC in an agreed upon format. C. Failure to meet deliverable expectations, including but not limited to thpse noted above and elsewhere in this Agreement, in an accurate, comp/ to a timely manner will result in a status of delinquency. Delinquency statu will result in i service interruptions anWor delays. TASC wilt have no liability for any losses due to the failure to perform during the time the Plan Sponsor is in deli que�,cy status. 3 25E-29 D. It is the Plan Sponsor's responsibility to educate and inform Plan participants on the services being provided, including the delivery of (where needed) as well as compliance documents (e.g., Surtrimajy Plan Description). The Plan Sponsor is responsible For executing and etai ling the Bdsiness:Associate Agreement (where applicable) provided in thea ministration materials. 4. Financial Responsibilitv of.the Plan Sponsor A. Respoiis bility'for payment of all Plan benefits lies with the Plan Spo isoJAII Plan benefits are paid from the general assets of the Plan Sponsor. Unless in al emotive method,oEpayment is mutually agreed upon by the parties, TASC Fee 'will be collected from the Plan Sponsor via ACH.transaction and the Plan S ons r hereby authorizes TASC to initiate credit/debit entries: to the bank accouLIC n icated in the Plan Application and further authorizes the Plan Sponsor s bao debit the same to such account. If for any reason, TASC does not receive pet for any TASC fees defined on the Application within ten (IO) busines da s of the I Expected Date of Receipt TASC may place all Plan processing or holt until all past due TASC fees are paid. TASC reserves the right to charge a eas liable fee for all debit entries that reject for insufficient funds or closed ccot nts. This authority will remain in full force until TASC has received from the Plan Sponsor of its termination of this authority in such tine apd in such manner as to afford TASC and the Plan Sponsor's bank a reasona le opportunity I to act on it. It is understood that the purpose of this authorization is tol provide a means of payment for the administrative services provided to the Ppan Sponsor by 25E-30 i TASC. Regardless of the fee payment options identified on the Appli attoor any circumstances where the Plan Sponsor uses a third party to pay Plat ben Fits. all Plan contributions and liabilities are the responsibility of the Plan S nso�. B. TASC reserves the right to correct any processing errors, making a re• soname effort to recover any payment made in error for any reason and the elan Sponsor authorizes TASC to debit or credit the Plan Sponsor's account as necessary to correct such errors. TASC will invoice or make adjustments to the Ian orto the i Plan. Sponsor as deemed necessary. TASC will interpret state uncla rid roperty I laws iA a reasonable manner to divest itself from Funds attril utedto Plan participlutt reimbursement checks not presented. for payment. C. The Plan Sponsor understands and agrees Plan Sponsor shall be liab a togand hold TASC harmless from any and all, fees or penalties assessed by the Int malllRevenue I Service, the Department of labor or any other federal, state an 'or local, government agency arising from the Plan; except in the case where is s own that a loss is a direct result of a negligent act or omission on the part f TiSC. Any request for refund's or adjustments by Pian Sponsor will be prose sed my after verification is made that sufficient funds were received by TASC "0 the Plan Sponsor's bank account to coverall payments made by, and fees and o[he amounts i due to, TASC. No refunds or adjustments will be made while the I Ian Iponsor is in default under this Agreement. $. Terms of Pavment A. The Plan Sponsor agrees to pay TASC for services provided under his tlgreement in accordance with the fees determined on the Plan Application Plymment for 5 25E-31 6. services will occur via E -pay or invoices will generate prior to t e ap licable service period and are due according to the terms on the Invoice. rad ition to the fees determined on the Plan Application, all interest on Plan 7ces hall be retained by TASC as a supplemental fee and such fees shall be cons dere�I earned at such time as any Interest accrues. Q. Any Plan funding ACH debits that are rejected or which, for any r aso, , are not processed through the Plan Sponsor's bank will result in the Plan b ing laced in delinquency status until such ACH debit is properly processed or therwise resolved. C. TASC may adjust administrative fees on an annual basis at renev at w ith thirty (30) days written notice of the fee change. Default A. Either party shall :pe in default under this .Agreement upon the occ trreitCe of one or more of the following events: (i) the failure of that party to perfor n an material term, condition or covenant of this Agreement; (ii) the ceasing of he cl nduct of i active business by the party; (iii) the institution of proceedings on er b nkruptey ! i or hisolvency laws by, for or against the party, or the appointment f tl receiver for that party or for that party's assets or properties, (iv) an assn Time!it by that party for die benefit of creditors, (v) and an admission by that paro s inability to pay its debts as they become due, or (vi) non-compliance with taw Illlaoverning I' the transactions under this Agreement. B. Upon Default by either party that is non-compliant with applicablt lase governing the transactions under this Agreement. when the non-compliance c uld feasonably 11 25E-32 result in an excise tax, penalty, or claims liability, all obligation. of the non - defaulting party shall.cease. No term of this Agreement can be read to e, tend the term of this Agreement beyond the day that a Pary discove s such non- compliance. At the non -defaulting party's discretion, this Agreemeni can be continued upon satisfaction that the non-compliance has been rec ifiec and the effected persons made financially whole bythe non-compliant defa dting Party. C. TASC shall have no additional duties under this Agreement ref ed to a Plan Sponsor who institutes proceeditigs under Chapter 7 of the Bankntcyll,Code, or makes An appointment of a trustee or receiver for the disposition of thein assets or properties, or an assignment of assets for the benefit of creditors, o an�dmission of its inability toy pay Its debts as they become due. TASC wi H c+tinue to administer services for such a Plan Sponsor through the earlier oftlu dat4n which the Plan Sponsors;Tlans terminate entirely, the date the Plan Spon r is no longer able to continue their business, or the last period that TASC hid for its services. D. For all other incidents of default, the non -defaulting party may, ad itsption and by written notice to the other party, terminate this Agreement if the lefallt remains uncured for thirty (30) days after the non -defaulting patty provide wriIten notice to the defaulting patty of such default. If such default remai i un ured, the tennination is effective as explained below. Any terminations all e without prejudice to any other rights and remedies, which the non-defau tinglparty may have against the defaulting party with respect to such default TA C's Tbligations i are subject to the Plan Sponsors timely performance of its bli¢ations and 7 25E-33 I responsibilities under this Agreement including but not Iimited to pr( vididg, TASC with correct, complete and timely data or other information, or no ices equired under this Agreement; and to timely pay fees; E. TASC will not be responsible for any damages or losses due to a i efau.t by the Plan Sponsor. [n the event of a default by the Plan Sponsor: L) This Agreement may be terminated and all amounts due and to econ a due to TASC shall become hnmediatelydue and payable, at TASC's so' opt on; and, 2) 'TASC reserves the right to suspend all or any services to the Plat Sp nsor and the Plan, including the reporting or processing of Plan data and I aym nts, and 3) TASC will not be responsible for the timeliness or accuracy of ny r porting, participant payments, tax deposits or payroll, payments until the efault(s) has been cured and: all outstanding obligations the Plan Sponsor hav befit. paid to TASC. 7. Termination and Renewal of Agreement A. This Agreement will renew automatically. Either party may can nate this A,�reement with sixty (60) days written notice. If setvices are to ina�ed ander this Agreement, the Plan Sponsor will be responsible for rowing any outstanding services required under the Plan. I B. Yotwitlistanding the term described above, ACA Employerepoiting will continue for a l2 -month initial term, thereafter renewing autom• tically for one year terms. Either party may terminate this Agreement with 'ixtyl(60) day written notice. III C. [f services are terminated tinder this Agreement fix reasons oth r tha+ a TASC I i 3 I 25E-34 uncured default or TASC material non-performance, the Plan SI onsdr will be responsible for providing any outstanding services required and the Ian and payment of the ACA Reporting fees until the end of the calendar. 'ear II� � which the termination occurred. In case of terminations. there are no j efunls of the set-up fee, and no refunds of any tees applied to the service to the �atendar i year in which the services are terminated. D. Either party may terminatethisAgreement due to. a default' y giving the defaulting party ten (10) day written notice of the termination IF he hon- defaulting party allowed a thirty (30) day cure period the ten (l ) da written notice will be at the end of the cure period. E. Upon and after the expiration or termination of this Agreem t, tite rights I granted to the Plan Sponsor pursuant to this Agreement shall i eve back to TASC. TASC may provide the Plan Sponsor with sample form;, pr< cedures, scripts, marketing materials or other similar information (collectively, "Materials"). Plan Sponsor shall have a license to use ivlaterials if ally, solely in connection with its use of the Services, Software, or Detivera' les d�uing the term of this Agreement and solely in a manner that is wnsi tent with the Agreement. Plan Sponsor's license to use the Materials shall expire immediately upon termination of the Agreement. Plan Sponsor is responsible for its use of _Materials and bears sole liability for any such ise. Fhe Plan Sponsor shall refrain from any further direct or indirect use of c r relrence to TASC marks, systems, publications, manuals, brochures, d cmmlents and computer databases in connection with the marketing, use, in,pleni,enration, 9 25E-35 license, sale or distribution of any program, system or Plan ori' F. Finally, the termination of this Agreement shall not affect the c Sponsor not to infringe on TASC's trademarks and copyrig disclose and keep confidential all said confidential information Plan Sponsor by TASC. 8. Confidentidlity If TASC receives from the City information which due to the nature of such reasonably understood to be confidential and/or proprietary, TASC agrees that or disclose such information except in the performance of this Ab eetnent, and ft exercise the same degree ofcare 'it uses to protect its own information of lice imp no event less than reasonable Gare. "Confidential Information" shall include information. Confidential information includes not only written informat infonniition transFarred orally, visually, electronically, or.by other means. information disclosed to either party by any subsidiary and/or agent of the other p: by this Agreement. The foregoing obligations of oon-use and nondisclosuresha any information that (a) has been disclosed in publicly available sources; (b) is, th of the TASC disclosed in a publicly available source; (c) is in rightful possessior without an obligation of confidentiality, (d) is required to be disclosed by operat (e) is independently developed by the TASC without reference to information di City. 9. Insurance TASC shall provide plan Sponsor a certificate of insurance demonstratin liability insurance coverage with a combined single limit of not less than S 1,0001, 10 25E-36 TASC: Plan not to to the nation is I not use i, ees to :e, but in mpublic nit also fidential covered apply to no fault eTASC 'law; or 1 by the claim with 52,000,000 in the aggregate prior to the start of work pursuant to this Al following requirements apply to the insurance to be provided by TASC pursuant A. TASC shall maintain all insurance required above in full force and effec period covered by this Agreement. B. Certificates of insurance shall be furnished to the City upon execution and shall be approved by the City. C. Certificates and policies shall state that the policies shall not be cant I coveragor changed in any other material aspect without thirty (30) notice to the City. to. Indemnification A. TASC shall indemnify the Plan Sponsor, its directors and of harmless from and against any and all actions, claims, lawsuit judgments, costs, taxes or similar assessments, penalties and exper reasonable attorney's fees, resulting from a direct result of TASC's willful misconduct. B. The Plan Sponsor shall indemnify and hold TASC, its directors,offr( agents and assigns harmless from and against any and all actions, c settlements, judgments, costs (including but not limited to, cos premiums paid with respect to the Plan), taxes or similar assessmen expenses, including reasonable attorney's fees, or other obligations arising out of or in any way connected with the Plan, inclu administration of the Pian or a similar arrangement, or claims or d, Participants and/or beneficiaries ("Losses"), uniesS the Loss( 25E-37 of The section: entire in written hold it or and from, y prior by Plan directly. attfibutable to TASC negligence or willful misconduct. C. Each party's indemnification obligations are conditioned on the folio ing: t) If process is served, the indemnified party providing vritt n notice within five (5) business days of receiving service o process regarding an indemnifiable event; ?) If.the party receiving indemnification is required to lake any I admission or pay any consideration as part of a ttle ent, no settlement shall be made without such party's cone , and 3) Theindemnified party cooperating in the defense an 'ors ttlement of the indemnifiable event. Subject to the limitations et fe h:in the immediately preceding section of this Agreemen, the parties' indemnification obligations hereunder shall survive't u: tel ination of this Agreement. 11. Records TASC shall keep records and invoices in connection with the work to be peto ed under this Agreement. TASC shall maintain complete and accurate records with respe t to the costs incurred under this Agreement and any services, expenditures,. and disbursements" ha; ed to the i City for a minimum period of three (3) years, or for any longer period required b law from the date of final payment to TASC under this Agreement. All such records and in, oices shall be i clearly identifiabla. TASC shall allow a representative of the City to examine, a dit, i nd make transcripts or copies of such records and any other documents created pursuant to t its Agreement during regular business hours. TASC shall allow inspection or all work, dal a, dycuments, proccedin.-S, and activities related to this Agreement for a period of three (3) yearl froth the date 12 25E-38 of final payment to TASC under this Agreement. 12. Conflict of Interest Clause TASC covenants that it presently has no interests and shall not have inte indirect, which would conflict in airy manner with performance of services speci Agreement. 13. Discrimination TASC shall not discriminate 'because of race, color, creed, religion, sex, sexual orientation, age, national origin, ancestry, or disability, as defined and applicable law, in the recruitment, selection, training, utilization, promotion, termi employment related activities._ TASC affirms that it is an equal opportunity empl comply with all applicable federal, state and local laws and regulations. 14. Defense of Leal Actions TASC shall notify the Plan Sponsor of any legal action arising with respect I TASC becomes aware. Other than a regulatory claim that is defended by TASC w Audit Guarantee provided to the Plan Sponsor in writing from TASC, the defense shall be the responsibility of and be undertaken at the expense of the Plan Sponsor and agreed that TASC shall cooperate with and assist the Plan Sponsor in said def Sponsor's expenses, to the extent that the Plan Sponsor reasonably may require. 15. Limitations of Warranties and Liabilities A. Except as expressly set forth in this Agreement, TASC disclaims any; warranties, warranties of fitness for a particular purpose and implic merchantability. TASC will not be liable in contractor in tort for any or profits, or for any consequential, incidental, punitive, or similar da 13 25E-39 or this I status, sited by or other ad shall Ian of which applicable legal actions it beim understood .t Plan a'1 express arranties of +usiness I '.S! or, other than set forth in this Agreement, for any claims ofdatnages made by for any reason whatsoever, even if TASC has been advised of, had know, or in fact knew of the possibility of such damages. B. TASC shall not be liable to the Plan Sponsor or any other person for judgment or other action taken in good faith in the performance provided hereunder, or for any loss or damage occasioned thereby, or damage is clue to TASC's negligence or willAd misconduct. C. Notwithstanding -any other provision of this Agreement, and including breach of any duty imposed by this Agreement, including to the indemai fication obligations set forth above, or independent of t and regardless of any claim in contract, tort (including negligence) TASC's total, aggregate liability under this Agreement shall in no exceed 31,000,000.00. D. No action, regardless of form, arising out of the services Agreement, may be brought by the Plan Sponsor more than two the last services are provided under this Ag—cement. Each party these limitations of liability reflect an informed, voluntary alto parties of the risks (known and unknown) that may exist in cc Agreement. 16. 4foney Back Guarantee IFyou are not entirely pleased with the Plan, simply return all Plan po) days or the date received to obtain a ;efiind or the related fee, less the 5100 minimum fee. The Money Back Guarantee docs not apply to any TASC 14 25E-40 party to of the loss reason, limited der this the date ges that Teen the +ith this i witlin thirty Sen, ice Offering, to include: TASC ACA Employer Reporting, TASC ERISA, TASC HPA , TASC PCOR1, TASC Fonn 5500 Preparation, TASC Non -Discrimination Testing, and T SC , Iedicare Part D Notices. No refunds will be issued for these services. SECTION II In addition to the preceding paragraphs of Section [, the following terms shall be applicable depending on the Plan elected by the Plan Sponsor. 17. FlesSvstem i A. All claims submitted to F1exSystem other than substantiated copayint nts, iecurring medical expenses or debit card charges substantiated in real tim through an inventory 'Information approval system, or through 'other means compliant with Internal Revenue. Service regulations, must be substantiated by Inde end intI tnt third - party information prior to claim payment. If, at any po , the Plan S onsr makes the decision to adjudicate Plan participant claims, all claims and ubsti ntiation --submitted-to-TASC-by Plan be -forwarded -to -the Pl 1-Splonsor for- -- -- --- -- review prior to payment of the claim by TASC. If Plan Sponsor does not deject the claim within three (3) business days of receiving the forwarded claim, TAISC shall pay the claim. TASC reserves the right to request a deposit or p• ymept if the Estimated Claims Fee determined on the Application is, or is likely t be �ess than the amount necessary to process Plan benefits. TASC will requir a doposit or payment for negative Plan participant account balances or potential ltegakive Plan participant account balances upon termination of the Plan. B. Plan fees are the greater of the 'stated minimum or per Plan pan'icipan fee.! Fees are also calculated on the number of Plan participants in the Plan, includi�ig terminated i 15 I I 25E-41 18. employees. At the time ofib voice, the Plan Sponsor is responsible for, Imirlistratior fees for the entire Plan Year, including carryover or grace period, s applicable. Failure to remit Plan participant funds or payment For adminisirativ sery ces will result in a disruption of services, the forwarding to collections and/or t rmi aeon or all services providedby TASC under this Agreement. , C. FlexSystem is designed to administer HIPVI excepted and non -except d he•Ilth FSA plans. A non -excepted health FSA may be subject to HIPAA port bilit , a full COBRA offering of ,18 or 36 months, and certain of the health car reform. requirements under The Patient Protection and Affordable Care t, ;he Pian Sponsor who offers anon -excepted health FSA is respoasN foe urgng their plans meet all applicableregulations for non -excepted health plans. e a ditional requirements are not covered under the Audit Guarantee. TASC HSA A. TASC.progides administrative services to assist flan Sponsor in offeri g itj eligible employees the option to open Health.Saving Accounts -(HSA). Ian iSponsor acknowledges that TASC is not qualified to act as a trustee or custodi of dhe HSA funds and is not acting as such. TASC provides the Health Savings A cout#It (HSA) I services pursuant to an agreement with one or more third party Financi f institutions that serve as custodian and trustee of the HSA funds ("Custodian"). AS� is not i responsible for claims, damages or liabilities arising from failure of ustodian to perform its obligations or provide resources as required by its agreemei twit( TASC (Custodian is, however, liable tier failure to perform its obligations). W 25E-42 B. Plan Sponsor represents and warrants that, to tate best of its.knowle =e, nkc group health plan sponsored and maintained by Plan Sponsor pursuant to t hich medical coverage is provided to its employees electing to open a HSA with C usto ian will be, at all times relevant to this Agreement, an HDHP, in accordance wit Section 223 of the Internal Revenue Code of 1936, as amended (the "Code"). C. Plan Sponsor acknowledges and agrees that the HSAs owned by its e plo. s and held by Custodian shall not be employee benefit plans and the assets h din the HSA shall 'not be plan ;assets subject to the provisions of ERISA. Flan.lSponsor � I acknoMedges and agrees that at all times relevant to this Agreemeni part `cipanon in HSAs by employees shall be completely voluntary; and Plan Spot sor hall not: (i) limit ahe of participants to move monies In their HSAs to anotter HSA (except to the extent of restrictions imposed by the Code; (ii) Impose E ny conditions on the utilization ofHSA monies beyond those pennitted by the Code; (iii}represent or .advise that the HSAs are an employee welfare benefit plan t stab ished or l maintained by the employer; or (iv) receive any payment or co pen$ation in connection with -an HSA. Plan Sponsor acknowledges that TASC ma , R4 time to time, change the Custodian and may subcontract_ other aspects of TASC may not, however, require any participant to close an HSA 1withl the then current Custodian. D. TASC shall have no responsibility with respect to contributions paid; by Plan Sponsor, participants or other contributor or transferor to the FISAs othgr than to i allocate the contributions In accordance with clear instructions recei 'ed from Plan I Sponsor, participants, or other contributor or transferor. TASC hallihave no 17 25E-43 i obligation to take affirmative actions to collect monies paid as eontri utinl+s, such as, by way of example, to pursue a check or electronic payment trans Lr fi` m Plan Sponsor or a participant or other contributor or transferor that does no clew. If this I Agreement is terminated mid plan year, Plan Sponsor shall co tinuto be responsible For payment ofadministration fees set forth.in the Plan A Ipticlitiob for the entire plan year. Administration fees shall be calculated on a mil imutI or per participant basis, whichever is greater. For purposes of calculating ees on a per participant basis, the numberof participant shall be determined as of th invmice date and shall_ include any employees terminated mid -year. In adc itioto the administration fees set forth in the Plan Application, TASC shall also be a titled to i payment'from the Plan Sponsor of all expenses and costs reasonably ncuo•ed by it in the administration. of the HSAs, including, but not limited to, reim ursonent for i the cost of debit card. transactions. 19. TASC IiRA-NOT APPLICABLE JI I Fraudulent claims by Plan participants (regardless of whether by use of the d bit card, web submitted, TASC submitted, medical provider or manually submitted) and amount distiibuted to Plan participants that exceed the Plan participants' account balances are the Plan ponsot's i responsibility, unless the overpayment is due to a negligent actor omission on the artgFTASC. TASC also reserves the right to request a deposit or payment when the fund acro nt gees into a negative account balance. Fees are calculated at the ,Minimum Claims Fee ide tifi�d on the Application or enrolled tee whichever is greater. Fees are also calculated on the nu lber';ofhcahh enrolled in the Platt, including terminated employees at the time of invoice. The P an Sponsor is responsible for administration fees fin• the entire Plan year, including the run -out pc iod.,Standard 25E-44 l3 25E-44 nun -out period is ninety (90) days following the end of the Plan Year. In the event that prescription drug coverage is offered under the Plan and to the Plan Is an ERISA employee welfare benefit plan, Plan Sponsor shall be solely determining whether the prescription drug coverage is creditable or Medicare Part D purposes, on either a stand-alone basis or in conjunction with health plan. In such event, Plan Sponsor shall also be responsible for providing dis to Medicare Part D eligible individuals who are covered under or apply for covt Plan advising whether the prescription drug coverage provided through the Plan, alone basis or combined with another group health plan, is creditable. 2o. TASC COBRA -NOT APPLICABLE TASC and`the Plan Sponsor agree to the terms that are described in the Client Administration Manual (or the COBRA Client Adrninistration Manual -s if the Client is retaining TASC COBRA for state continuation), and accept the perform the functions that are listed on the Services and Responsibilities checkl are incorporated by reference. TASC. will provide appropriate notices to participants in a format and consistent with federal or state law and regulations pertaining to continuation. entitled to assume that all the covered persons reside at the address of tltc emplo) the Plan Sponsor, unless the Plan Sponsor provides alternative addresses. TASC i following deadlines, election periods, premium payment grace periods, COB requests, and Social Security extension requests. TASC does not have the disen Agreement to allow any exceptions to legally established deadlines. TASC will etaij i administrative fee charged to participants for continuing coverage. 19 25E-45 tent that Bible for rage for T group notices ider the a stand- 7ility to e Fonus that is will be ided by .itor the Alment :ler this the 2% The Plan Sponsor has the responsibility to review the monthly reports se' to he Plan Sponsor by TASC and reports that are available on line to ensure data has beenit mece ved and COBRA election notices sent. These reports are also notices indicating enrollmenchanges that are needed for participants, which can include reinstateents, terminations, andtan i hanges. The Plan Sponsor will make the necessary changes in a timely manner to effectuate overage with the applicable insurance carrier or third party administrator, unless an altemati •e a �rollment communication arrangement has been made and agreed upon between the parties..1 i cass where the Plan Sponsor is making the enrollment changes with the insurance cairier t' chlyd party administrator, TASC will not have any liability for any losses Including prem' m r claims payments due to a•Plan Sponsoes failure to make the enrollment changes when a enrollment change was communicated to the Plan Sponsor by monthly reporting or an alto ati a agreed' upon method. Incases where TASC has agreed to make the enrollment changes wit t he nsurance curler or third party administrator, TASC will not have any liability for any In es ncluding F premium or claims payments for a period beginning thirty (30) days after the enr Ime t change was communicated to the Plan Sponsor by monthly reporting or an altemativ agreed upon method. Plan Sponsors who are'small employers' as defined by applicable State law Inay,�under the federal Affordable Care Act ("ACA"), have a premium rating method that can inct de: age bands that may require mid plan year premium rate changes; a differential for smoking to accoproducts; f a differential for geographical location; and itemized billing by the Insurance rriei for each I person covered under a membership. Unless another method of administration is a reeupon, the Plan Sponsor will need to send to'TASC the actual individual rates billed by the iisurir for each 20 25E-46 person who is covered under the Plan (employee, covered spouse and dependents at, indicated on die carriers itemized bill) on the day before a COBR.A.L Qualifying Event, or State ven� if State I Continuation servicesare provided under this Agreement. This will be an additio .al data item required for the continuation administration, and all of the terms of this Agreeme it ad1ressing data submission will apply. TASC will not be responsible for any excise tax, peva ty, premium, or claims costs, due to failing to send a timely.Election Notice when the data fon ardel by the Plan Sponsor did not include the actual individual rates. The Plan Sponsor will n ify jASC of any mid -year premium rate change required'by the premium rating method when appll(cable .to their Plan. TASC'wilt-We no liability for any premium losses due'to the failurt to s6nd new coupons with the increased rate, except when timely notice of the change has been eceiVed from the Platt Sponsor.; 21. TASC FYILA-NOT APPLICABLE I The Plan Sponsor agrees, as is necessary for TASC.to complete its responsib litiel herein, to provide TASC with the following. information. The Plan Sponsor understands they are responsible for notifying TASC when .certain qualifying events occur, and that TASC can t cal ry out its responsibilities without notification as defined, with relations to the Plan Sponsor' emiiloyees. 1) Absences, or proposed absences, in excess of three (3) days from remdarly schedu Ied w1 irk for the circumstance (s) of a birth, adoption or placement in foster care of a child, the catsedlemployee; of h seriously ill child, spouse or parent, or the employee's own illness, 2) Eligibility of the prop employment by the Plan Sponsor in excess of 12 months and cumulative work hlut urs of 1,250 in I the preceding 12 months, 3) Notification to TASC if an employee who has been oft leave has i returned to work. The Plan Sponsor must provide to TASC and keep TASC currently it)formed, of i all pertinent information relating to the Plan Sponsor at the inception of the contra t and as may be i I I 21 25E-47 later modified by the Plan Sponsor, including but not limited to: t) Advise TASC (pf any changes in employee population per location that may affect FILA administration (incre se oi� decrease with relation to the minimum of 50 employees per covered location), 2) AdviseTAS ofany newly acquired locations, in order to ensure compliance with NVILA administration, 3) Aklviso TASC of any divested location (closing or sale to separate organization) [hat affects FIV[LA,mihistration, 4) Provide TASC with current information regarding all benefit progms; raprovi er'sl rates and other pertinent information. TASC and the Plan Sponsor agree to the terms that *e described in the FILA Client: Administration Manual (including State Family and Medical leves If subject), and accept the responsibility to perforin the functions that are listed in the above pi ragrIh. 22. TASC ACA Emplover Reporting -NOT APPLICABLE �II ACA Reporting requires the Plan Sponsor to make initial and annual determi atioiis, referred i to in the ACA Reporting Manual as "Determining Your Status under the AC.." TASC recommends these ACA determinations made by the Plan Sponsor and reported tol TASC be reviewed by the Plan Sponsor's Benefits Advisor, Broker, or Benefits Counsel. T re TSC Audit i .. Guarantee does not cover any 4930H penalties due to the failure to make accurate dete6riations. TASC is not responsible for any'4930H penalties due to activities that occurred, �r the failure to act, prior to the beginning of the Agreement with TASC. Complete infotmatioli onithe Group Business Plan Application and complete monthly data must be provided to T `SC prior to the tilteenth day of December so TASC may meet federal timing limits. TASC is nc res4onsible for any late filing penalties if this data is provided after December 15 of each year. 23. TASC ERISA -NOT APPLICABLE The Plan Sponsor agrees, as is necessary for the TASC to complete its herein, to timely provide the TASC with all applicable Plan and Benefit informa ion io include any insurance certificates, ASO certificates, plan summaries and the like needed f r incorporation i I in the Plan Document'Summary Plan Description. The Plan Sponsor will m ke apy and all 25E-48 determinations and disclosures as to their membership in a controlled group of eo rporuions. a group of businesses or trades under common control or an affiliated service gt't'up. The determination of whether such group can be included in a single plan document orlinultt1ple,plan documents and any resulting Form 5500 obligation(s) will rest solely with the Plan Spo sor. The Plan Sponsor is responsible for making the determination as to the tilinb of any 4 delinquent Form -5500 returns,.includingplan year for which any return is required a id the number of plans -in place during the period of delinquency. The Plan Sponsor is respo sibl� for the payment of any fines and penalties which may arise in connection with any of deli 9 ue1 returns, unless the delinquency status of a return is due to TASC negligence or failure to p rfb4 and all of the required data was delivered to TASC no less than fifteen (h) business da s prior to the filing due date. The Plan Sponsor or its agent will timely provide the informatio i necIessary to complete the applicable Form 5500 return, including participant counts and z ty applicable Schedules and or auditor reports needed for the completion of the return: i The Plan Sponsor understands they are responsible for notifying the TAC in]; a timely manner when certain plan changes occur. The Plan Sponsor understa, s than Plan Documents/Summary Plan Descriptions provided are lawyer authored bo' erplate legal documents designed to fulfill the Plan Document and SPD requirements under he Employee Retirement Income Security Act (hereafter ERISA). These Plan DocumentsrpPD� are not customizable for governmental plans, church groups or other entitles exempt firorrl ERISA. i Customization of the document is limited to a standard set of required infntmati anyl may not meet the needs of plan sponsors with complex plan designs andior Finding arrangetnengs or those requiring customization above and beyond the standard set of required intbmratiol and' 'at a level usually provided by contracted legal counsel. The Plan DocumentsrSPDs provide lotlibscopeof are kmitten for health and welfare plans subject to ERISA. Pension and retirement plans are outs this product. '' 25E-49 24. TASC PCORI Compliance -NOT APPLICABLE The TASC PCORI Compliance offering will assistyou in completing federal Quarters federal Excise Tax Rena -n. to report under the Affordable Care A t centered outcomes research (PCOR) fee on health plans. TASC is not a Tax Prep federal rules and can only assist you in completing the Form 720.The Plan Spons Fonn 720. 25. TASC HIPAA Compliance -NOT APPLICABLE The TASC HIPAA Compliance offering is intended to assist the PI establishing and documenting compliance with federal privacy and security rules HIPAA and HITECH. TASC is not engaged in renderinglegal or accounting s such service or advice is being offered in this product. When seeking such legal expert assistance, a competent professional should be engaged. If.you self -admit funded plan(s) and maintain medical records for claims purposes theft this produc you into compliance with the HITECH Security requirements 26. TASC GiveBack-NOT APPLICABLE TASC will place the Plan Sponsor on the TASC GiveBack Platform with In and any additional services as selected by the Client. TASC shall use ordinar diligence in the performance of its duties under this Agreement and provide timely and management of the Give Back Plan as outlined in the applicable product manual and/or materials incorporated by express reference to this Agreement. This Agreement for GiveBack will renew automatically. Either party may Agreement with thirty (30) days written notice. If services are terminated under it Agreement, the Employer will be responsible for providing any outstanding sei, under the Plan. 74 25E-50 mi 720. patient- ader the file IRS onsor in dated by and no or other our self- rot bring services and due tern}inate this required Either party may terminate this Agreement due to a default by giving the de aultilrtg party tcn (10) day written notice of the termination. If the non -defaulting party allowe A dirty (30) I day cure period the ten (101 day written. notice wilt be at the end of the period. SECTION [If This section applies to all plans. 27. Execution And Delivery i i The Plan Application is incorporated herein by reference and may be executed and delivered 1 by facsimile or Portable Document Format (PDF) transmission) in one or more co nteparts, all of which will be considered one and the same agreement, and this Agreerne it will! become i effective when the Plan Application is signed by a representative of the Plan Spor •or. Any such 1 facsimile or PDF documents and signatures shall have the same force and effe as frianually signed originals and shall be binding on the Plan SponsortPlan Sponsor and T. 23. Governing Law i This Agreement shall be construed,: govemcd by, and enforced in accord ince,with the internal laws of the State of Wisconsin without giving effect to the principles of �omity or I conflicts of laws thereof. i I 29. Entire Agreement i I This Agreement represents the entire agreement of the parties and supers des any prior i written or oral agreements. This Agreement shall not be altered or amended, ex ept tjy written agreement of duly authorized representatives ofTASC and the Plan Sponsor. 30. Attornevs' Fees In any action at law or in equity to enforce any of the provisions or ridhts under this I Agreement. the non -prevailing party in such litigation, as determined by the c xtrt In a final judgment or decree, shall pay to the prevailing party or patties all costs, expenses ind reasonable 25 25E-51 attorneys' and accountants' fees incurred therein by such party or parties (including! without limitation such costs, expenses andjees on any appeals), and if such prevailing party) "shall recover judgment in any such action or proceeding, such costs, expenses and fees shall b htaluded as part of such judgment. 31. Notices A. Any notice, demand or other communication required or permitted P belgiven to either party to this Agreement shall be in writing and shall be delivered by hand or delivered by prepaid courier -or sent.by electron c In fans. such as facsimile, telex or electronic mail. i B. Any, notice- personally delivered or delivered by courier shall be dei med(received t upon delivery. C. Any notice sent by electtoriic means shall be deemed received upt i thq date the I sending terminal confirms that the notice was received. D. The address to which communications shall be sent to the Plan Soons r is ;identified I in Section Iof the Plan Application. Either party maychange its ad ess by giving I i written notice to the other party as provided in this subsection. I 32. Assignment This Agreement may be assigned, delegated, or transferred without th prier written I consent of either party unless apartymakesareasonable claim that theperformancofobligations under the Agreement will not be honored. The assigning party will provide a rotic of assignment including information identifying die assignee within thirty (30) days of. thessiOnnent. A reasonable claim that the performance of obligations under the Agreement willIscribod ot be honored must be received .within fourteen (14) days of the date of the assignment notice in this i paragraph. Notwithstanding. such consent shall not be necessary in the context o lan acquisition by asset sale, merger, change of control or operation of law. This Agreement shaI be binding on 26 25E-52 any successors, assigns and subcontractors of the parties authorized under this Ag 33. Waiver The failure of either party at any time to require performance or obscriam party of any term or condition of this Agreement shall not affect the full right t performance or observance at any subsequent time. Further, no single or partial right, power or privilege will preclude any other or further exercise of any other 1 privilege. 34. Severability If any.term or condition of this Agreement is held to be .Invalid or unenforct of any statute, rule of law or public policy, all other terms.agci conditions of this A remain in full force and effect as if this Agreement had been executed with unenforceable portion eliminated. ATTEST: CITY OF SANTA ANA MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney CYNTHIA KURTZ Interim City Manager RECOMENIENDED FOR By: - Laura A. Rossini ED RAYA Senior Assistant Cit/ Attorney Executive Director of Personnel (Signatures continue on next page] ?7 25E-53 by other e such of any 1wer or reason it shall or TOTAL ADMINISTRATIVE SERVICES CORPORATION (Name) _SVP lArS _ (Title) '3 25E-54 EXHIBIT A PLAN APPLICATION ?9 25E-55 9,,1R, Group ) Company Name: Clef of Santa Ana Business Federal IDk EJ TASC Suite K (1-8) ladaded 9&deg berme ilikf CA Business Planp licatlon _ .. _ _ _ , _. _ , NAILS/SIC Code Total If Employ es O TASC Form 5500 Preparation 972 Mature of Business: Cly Government Total k BeneFit Eliglh _ _. E a Em(�loyees zas lnrernor Use gnry: Otarge Olent quallller qJ •-.._ ❑ then 1 Health Insurance Carrier. CeiPER.S Medical Carrier Group IDk: 483399115e ene IDate: Na ! ,._.— Email .._ Fax _... _ :ti! 11 Please submit completed Applkationwit ❑ TASC HSA -Plan Only T,15C, rJo ew Bu IAass Department gone, required fees to: ne*buslnessetzsconline.com (E08)'661.5638 23021ntern Clonal P.O. Box 11140 LontaetName: Ca'doHanes Email (m Uanes�sana-a Title: een�RtsB Ca mPensa9an9upeMsar Telephone .(713)847-6967 dg ) Company Name: Clef of Santa Ana Business Federal IDk EJ TASC Suite K (1-8) ladaded 9&deg berme Physical Address: (no PO sex) 20 Chic Center Plaza 1134 City: Ana. State CA Zip 92702._ _Sa_n_ta Maitin Address:fnarroBOX J Lib/: State Z ip: _ .. _ _ _ , _. _ , NAILS/SIC Code Total If Employ es O TASC Form 5500 Preparation 972 Mature of Business: Cly Government Total k BeneFit Eliglh _ _. E a Em(�loyees zas Tax Filing Status ❑ C -Corp ❑ S -Corp ❑ Partnership ❑ Sole Proprietor ❑ Non Profit ❑ LLC ❑ then 1 Health Insurance Carrier. CeiPER.S Medical Carrier Group IDk: 483399115e ene IDate: Na ! CamierAM/Rep Name: ;wane Flelda AM/Rea Email: , y9elds(dkeenan.s I Are you a current TASC Client? Rtlo ❑_ Les_t If yes, please provide yaur_L_2-Digit_TASC IDk. Name existtng/active TASC services: Select the new TASCservice offerings) for this application (and complete each corresponding section under PAT 63: I �` Check the hwerjorearh A TASCSuite Add -On Offerings(apdonaj:Complee app, :ection for :electi ons EJ TASC Suite K (1-8) ladaded 9&deg berme O TASC ACA Employer Reporting ❑ 7AffRA _ ❑ FASC FMLA ❑ Eligibility Deterrldnad _ a complete cans scathe❑TASC Non-Diserlmihation Testing 0TASA Transit Account SECTIONA Morin this appamtion. O TASC Form 5500 Preparation l Cd Parking Account BENEATACCOUNT MANAGEMENTSERVICES BENEFIT CgNTINUATION SE vICESj SECTION D H El FlexSystem FSA` ❑ TASC COBRA ❑ 46 rakecver_ U FlexSystem POP _ ❑ FASC FMLA ❑ Eligibility Deterrldnad I SECTION E Transit Account SECTIONA --. ; .___..:.. 't_ .,..:__...._ ..--......... _, i;0ii1PLIANeEs6`RVit'_._.. . _ Cd Parking Account ❑ TASC ACA Employer Reporting f2-Prc atrac J SECTION F O TASC HSA -Full ❑ TASC ERISA I ❑TASC HSA -Limited SECTION ❑ Medicare Part DNodcas ❑ TASC HSA -Plan Only O Late 5500 Filing ❑ PPACANotices iSECfIONG ❑ TASC HRA -Full Cl Carrier Certificate Ci Add Wrap Doc(s) ❑ TASC HRA Debit Card SECTION![ ❑ TASC PCORI(with TASC ERISA -free) • TASC HRA -Self C) TASC PCORI (without TASC ERISA) j SECTICNH ❑__TASC G)veBack SECTION 1 O TASC Form 5500 Preparation l SECTION 1 C] PayPath° 'camprams araea m ❑ TASC Non.-Cliscrinfination Testing SECTION) ❑ TASC Funded HRA' Pion epP71-odan- i ❑ TASC HIPAA SECTION x Enter each Service Offering selected In PART Z and the applicable fees in the pricing chart below: New Service Offerings: — One Time ,. Administration Min WDM go-_. ,._­__ . _ FlexSystem FSA t3C9 .$14,25 .$;100 FEES: Page 3 *3913-010117 Fees �. S;a.25 I Employer Initial �IVASC 25E-56 Emial oyer Initia 'ITASC TC-3923.Moll! 25E-57 full R M-0 - select a payment method for your fees due and complete the following Information for the selected payment mc:hod. Payment Method Options: _iCH (E-Pay)l Credit Card' Invoiced —M. I Set -Up Fees: N/A I DUE NOw for all services Admin F cas DUE NOVI for. TASC H AA.FCA, POP, Self -HRA Administration, Renewal, ERISA and Additional Fees: ALL FEES DUE NOW for TASC I 1"Information —for Payment e­th_0d5__ �_,_,_�__�__�.. 'CA --.i •••---••---•• Financial Institution Name: JP II -raw Clauaca, State: ACH (B -Pay) Information: Bank Routing 0 (9 iff-03); =71n? Checking ACC it: . 65.195 2 a7s &_ ng anduaccumf numbers are typrcaflytootad at the bottomieltoomarof a Munk chockfrom "a urbankivaa.). ..The routing num_bera alway_t nine fsf diplts long and encfafe0byrof�ns.� _ 1 El MasterCard Q Visa 0 American Express 0 Discover Card R: Eq. Da.t.e:. Credit Card Information: ,lame on Card: W Signature: Frequency: a Quarterly Cl Annually (1-15 Employees default; to Annually) I ZI same address from Section 1 0 Different address: invoice Information:Pilling Contact Name. ' Mail to: .Email: � Street Address: City zip: rE.PayIYTASc,s standard method forsubmission I t.s C C no, Imply eu, complete the box above, signing where Indicated. Please note ACH information for each benefit's plan funding will need separate arte fan 11. mspectivesection I agree that the Paver my revoke the authorization only by first nourying the 0 of the application. All wdreo debit authorizations mus. the 62(ifiVitIO 111, qina In the manner Of C tnatflamissaPorIGO specified In the authorization. The language In the authorization represents the disclosure requirement associated with policies upon ACH NetMel PartICIPWItS. 'Credit Card payment option is only available for fees submitted with this completed Plan Applicadom Ifis not ariallableforfuture billi I PsYnients. This Group P ble, the company or service of the se Level Agreement You also accept [he TASC HIPAA Privacy offering as indlcatedin PaK 2 above for applicable serrice oEfrings HIPAA Business Associate Agreement signed by TASC that assures compliance for` and you our refords. adInowledge receipt of the attached Further, you, SC and/or its In Feed subcontraCto r its Information") subcontractors or agents use and disclosure of Clalm.Feed Information shall be subject to the terms of the Business Asz d2te)lgreement. IMPORTANTNOTE: TheTASC ACA Employer Reporting term will continue for a 12 -month initial term, thareafterren ving btorratically for one I year terms, Early termination fees are described on page 15, under Termination and Ravaevraf of Agreement. I have raid, understand and agree to the terms a ndcondifilons; stated in this Group Plan Application, the Service Lev, I Agreement, and the Business Associate Agreement (it ap�cabie) ttasted by the signature below, effective on the date of the signal L a. 0 Employer Signature: Date: Title: Executive Director of Personnel )§ervices Jmy CP cs�l a 1-4709-1480- Distributor/Agent ributor/AgettNanna: Keenan & Associates 358 Retail Co de: Primary Account Rep Name: kYvette Fields Email: 'yrields@ke nan.com INTERNAL USE ONLY: Assist IvlVTASC ID; Emial oyer Initia 'ITASC TC-3923.Moll! 25E-57 To conclude this application, please complete each Section below for the service offerings selected in PART For a TASC Suite, complete each section for the service offerings Included in the Suite. Select the FlexSystem Plans) you are applying For and enter the requested informadonwhere Indicated for e4ch Selected Plan: _— • Set -Up Fee fd 4 nowi UFlexible $pendingAccount(FSA)Full Administration PRIC)NGINFOI • AdminFee-Pr participant, per month 11 . Annual Rene Fee ( Ell Premium Only Plan (POP)Administration .PRICINGIINFO: •AdminFee-praroup, peryearilduenow) I T^- Naodditional C3Transit f2elmtiurseinent Account (T/P) . eew•I/pfexSystem Fu11F5A I. ---- PRICING INFO: •AdminFee —p rpartldpanp per month ❑ParldngReimbursement Account (T/P) . Annual ew Ren IFee PLAN INFORMATION_ — Full FSAL POP Transit Accou t Parking Account Number of Eligible -Employees (each): i ❑ No fl Yes ❑ Na ® Yes 3 No Cl Ye ( I H No U Yes Existing Plan In Place? ' i - . If YES, please complete the fo)lowing: . 1 -ERISA 3 Digit Plan g:_ I NJA :NIA f R of Current Participants: 135' 135 Name rre IL Nae of CuntAdministrator: canals [[ Conaxrs — PLAN OPTIONS_,_ F -S& TJo o --Select options below and enter the information for your Current Plan — N Plan [.applicable current and new Plan(s):.. fj H Healthcare FSA Carryover (defauitssco) Carryover S: Carryo _•^•.- ._ er5:1 �--,-- 500 ❑ Grace Period fdefoult2.5manrhs): 1i8ealthcuoyover6 I ^---r -. GP End Date: GP End Date: _ _j_j_ .. 0 eler:dd, Health wRl be euludedJmm Gmml'eripd. (_ _ _f_/_ a15 El Runout Period fdefauft3a dayrafterPlan End pate)—f-1-- RO End Date. , RO End - ate: —1_�— eunbutforollbenefluendons6me date Select administrator for Curren FSA Plan Grace Period and Runout: ❑ Prior Administrator 3 T Cs 4NIPORTANty0brelo theflosystem TakeoverCheu'iAJorlryormotlan rhvtmvsrberecelvedW.Pone Plonsraridare with TASC ongave alujifamrprlarAdminaaurar must be provided m TASCe@ee the pdorPlon Year Runouthds ended yAth the opplmblefa dtng. II 3 Healthcare FSA -Medical Expense Reimbursement Account! $!Eon Maximum Election (Emploee & Fanily) is employer-sponsored group health Insurance offered to employees?R)Yes ONo>>TN0,youarenctef "bletoito�Rerthlsbenera. 03 Dependent Care FSA Reimbursement Account: Maximum, $5,000; $2,50 olfmariiedfilingseparately(Empi ee&�amily) B Ndn-Employer Sponsored Premium Reimbursement (NESP): For qualified Individual Premium Plans not "eyed through any employer. Is employer-sponsored.group health insurance offered to employees? ® Yes O No » /JNa, youarenot at Me toloffer this benefit. 3 Medical or Medical -Related Premium: Group Sponsored (Employee & Family) 8 Voluntary/Group Term Life Insurance Premium: Up to S50,0001n death benefits (Employee Only) Id Disability Insurance Premium; Pre -taxing employee contributions. -Will make benefit taxable compensation (E ployer Only) KI Supplemental Insurance: Includes cancer, hospital confinement. Intemive care. accidental death and dismerrerment (Emplovee & Family) 8 Medical/Office: $ 5ti $ r"' V Prescription Drug: Defaults are bated on the current Transit Account f Parking Account i'-------------- -- -----I I Terntinal Restricted Card 3 Rollover 7 Reimbursement Restriction: ; 3 Rollover ❑ Reimbursement Restriction ( pages (o burl Tmnsir undPnMny) _ Days hRrda'aulr) Days hap delaury q i j — --'— Pace Employer Initial Gi/2" QgIjVASC ic-3923.410tt] i 25E-58 PLAN CONTRIBUTIONS 7 i rFSA� 7!P •.E Employer Contributions? @No❑Yes ,. Payroll/Funding Cycle (select ane.): El Weekly ❑ Bi -Weekly Sam! -Monthly ❑ Monthly � '❑'4thee t it Lontributlons In 12•mo Plan Year: i Dates applied to Participant accounts based an above salad all dpay}cycfe. Participant Contribution Schedule: VContribution: '� �)-y 2''° Contribution: ��j�%% Las Coa[tibution: )J�%% (hosed on Plan Funding schedule beloiv/fir the EstimatedDuteofAecciPtfEDn)) Other cycles: FSA ,POP T PARTICIPANT AND ELIGIBILITY R_EQUIf;EMENTS •_^ - select the employment requirement below that an eligible employee must m :at in grder to enroll in the Entry and Probationary Period: FlexSystem Plan at open enrollment, or atthe time of hire: ❑-On the date ofhire ❑ Vaofthe month after dateofhire E) 30 days after date of hire ❑ 1't of the month after 30 days of continuous employment i { ❑ 50 days after date of hire Cl 1" of the month after 60 days of continuous employment O 90 days afterdateofhire Cl Other kricludeo Excluded NIA 1 ❑❑ �, Members of bargaining units, Additional Requirements: p ❑ Part time employees re ular r/ scheduled to work (selxtal[thatappty)_— '❑' ❑ r❑ -i Seasonal employees regularly working at least t least hours per week wit hina year_ ❑ ❑ 141 Employees under years or age - -months - PLAN START_-_ '•-„�,. _ _ _- _,_ Flexsystam ddministrado tFSA __ Poe T/P, begin4 Select and complete one oft Oft, optiansto md:cate Fhe Plan Year and when ❑ Initial Plan Year(na prior Plan Fists)_ 0 Year Administration_ 2n° fid Sttc esslve Years w� ,41(mo/yr) Plan Start Date. First day of: (mo/yr) Firstdayof 9 Consecutive Months Conn_ ued: Tw ve (12) month perfad - Note:Plans need not ran an the calendarye_ar (i.e. mnuar 1. December3l) t O Renewal Date A_dministration (TASCadministmtion begins on Plan renewal date) Plan Start Date: day _First Consecutive a Months Continued: Tvielve (12) month period ____ , _ __•,•,j__ -,,,._,e,,,_,_,_„ -..._„f Mid -Year Plan Takeover Plan Start Date 1 Current TPA Plan at at zan (mo(ddI'/fI °0 Plao End Date 61 - 2d1r_ {mo/did/yrJ TASC FlexSystem Plan: as at 1 7 (mo/dd/yr) - _ _ - PLAN FUNDING �--�_,,,,,,._. i Fs�_ TIP This Scotian defines the Estimated f7dansFee (ECF)method utilized to make benefit payments to your FlexSystem Pan:ripants ECF 11c Mediated by determining the total contributionsforthe Pian Year(employe,andemployer) and divide that total by the number of payments scheduled un If the total ECF collected for the Plan Year r 'ECF iYpectedDate P)gecalpt tufts inti excess fees greater man +(ED11). this fee is adjusted as appliableformid-reorenrallment and election changes. paid claims for that Plan year, the excess will be returned to the Pian Sponsor is forfeiture under the Plan. Any fees ar Chargesde 'itlh this section are in I addition to the fees due underPart 2: TASC services and Fees. bank�information: To start this process: 1) choose Funding process, (a) vers your Expected Date of Receipt, and (3f enter you _ 53 TASC ACH (default): TASC initiates funding paymentvia ACH on the EDR. I �(1) ❑ Client MVTASCFunding. client initiates funding Payment via MVTASConorbefore the EDR.Note: Underthisatian,T{iSCwilluse•rourAccount s{ and Rcuting Numbers to post any unpaid funding amounts that arson(1)business y past, he EDR.Ako, additional f annual fee.will apply if ACH is not elected($10.Coper payrq!ll. (2) VeriP/ your Expected Date EOR is the payroll contribution schedule Indicated in the PlanCpntribudansectionto that TASC-will poll an Auto ACH from your designated account and apply the payrolls intribulions f each palyrdll cycle. Thlsls the date to year Pariclpant's I of Receipt (ED R); amount(s), This may or gigynct be the mune dote as the ?a rd cOcat's Payroll deduct? ndotea f(3) Sank Information: ❑ Use same ACH info from Part d of this Application ❑ Use different CH InformStateation as per below: i I Financial institution Name: : 1 f Bank Routing Plumber(9 digits): Checking Accou t0: _ ADMIN ONLY: FlexSystem •Special Instructions: T t "Toss Pagea Employer initis S( tGi927-0tJ' ❑ 25E-59 ap'k 'r„�-+Y.q`u�-, .r'� 7 O 1,' '� , �`• ..t yam' � a f ..•h M1 �'.,.iV ,.r..�ac.n -`_., ���r,%+� Select one TASC HSA Plan to apply for and complete the requested information for that Plan Type jos noted y Foriler tabs): ' j'• Set-Up Fee (duenaw) O,H$AFullAtlrnini5trailon �__- PRICJNGINFO ,Admin Fee-perpartidpanI 1 perdonth -TII ' • det•Up Fee (due pawl O HSA Limited Plan Administlation PR(CiNG1NFO aAdnilNFee-perparticipener ' iet•lJp Fee (due ndwJ � manth(No Minimum] ❑HSA Plan-Only Administration PRICING INFO No Admin Fee . PLAN INFORMATION uii juMltEo I PtnN ONLY Number of Eligible Employees Exlstmg HSA In place? ❑ No 0 Yes I _ ` Existing Health FSA In place? . 0 No 0 Yes 'Cl Limited Health FSA i fjYES, Indicate the Plan Type: 0 limited Post-Deductible Health FSA O General Purpose Health FSA +Limited Health FSA ❑ General Purpose Health FSA+ Limited Post-Dedu It tible ealtn FSA date than your existing Health FSA then youustamendyour endre Veal Note: Ifyou mplementan HSA and different Planerecdve -m FSA to Limited0.UmitedPost- Deductible Health FSA.Amend the Plan trydovmloac'ing and.completingthe adoption of the TASC Plan Document as Instructedlnyour eltom Xlt moved to lheamended Health FSA The IRS will not allow mid-year Participant election changes. Atyournext open enrollment you can derif alih FSA options. PLAN CONTRIBUTIONS. _�^ - I_�TFULL LIMITED" R of EE Payroll Contributions; Payroll/Funding_ Cyile: 0 Weekly 0 Bi Weekly 0 Semi-Monthly 0 Monthly .. a 9ther: ' - Dates appbedto Farddpant acdo'unfs based on dba6esdec edpoyrafi cYJz:_ Participant Contribution Schedule: 10 Contribution:;_ 2"a Contribution Jam— Last botri�ution: _f_/_` 1 Employer Contributions?: 0 No 0 Yes If YES please complete all Information below. Contribution Amount per Coverage Level: Single: $ Family: S _ ._ ._ ... Frequency of Employer Contributions: ❑One Time: . Contribution Date: 0 Weekly 0 81-Weekly 17 Semi-Monthly ❑ M nth(yi 0 Employer Contribution Schedule: VContribution:Contnhutio : _J. I For ban kingtlolidays,selectaneoption:❑AppfycontnhuticnsnextbuslnesYday ❑Apply con[ bubo spriorbus_ine_ssday �No❑Yes IfYESselectamethodbeloi4: f _ Pro-RatedforMid-YearEnrollees?: 0 As of Plan Start Date 0 As of.Most Recent Quarter Othi PLANSTART _ _ _ Fut. unuteo LPCAN aNLY_j Data:�- f_,4 mo/cid) HSA Plan End Date: _/_ .(rooldd)-ifopplkable� HSAP�E r .f1 PLAN FUNDING _ - i l FULL Tofund your HSAPlan, TASC will initiate ACH debits from the bank account and Bnoncial Institution named belosd. Pan fun int; payments will be eledronialfy deducted from the indicated bank account and automatically submiGed bn�your scheduledpayroll co tdbuti n dates. Bank Information Q Use. same ACH Info from Part'4 of thls Application_ C2 Use different ACH lnforme on asiper below: Rnanclaf Institution Name: Branch: Bank Routing Number (9 digits): Ch_ecking Accou tg: I - _ 0 1 understand the pay dates can NOT be changed once the Plan is enrolled. 0 I understand TASC will send an email prior to withdrawing funds for my account and that 1 should to act T> SC with any changes no later than three (3) days prior to the employee's payroll date, Disclaimer for a standalone HSA Plan (not combined with TASC FlexSystam):TASC has dereIoped a service known as "TASC SA",Illat• provides full administrativeservices lcnHeaith Savings Accountz Itis understood that the. client wishes to add the HSA to its current Secti 12S 11an and that the client acknowledges they have amended their section 125 Plan to include the required HSA language to allow HSA Contributions to a pre;trated and their Section 125 Plan Documents and SPD's are current according to Federal Law. I ADMIN ONLY:TASCHSA-Speciallnstructions: ,�—� ~^� y Page5 EmployerinIna _ gI� TASC Fd921-0lalt7 _(_U 'u 25E-60 r -. tar Char Pian 7voe (noted by Set -Up Fee (due, ow) ' - 0 TASC HRA Full Administration ,. PRfCYNG , •Admin Fee ---per arUcit}ant, per month Additional Serulcesr _. IWO:, , i Annual Renewal ee �. - (3 TASC Debit Card (included at no. charge for First Dollar Plans) - + Based an numb of employees Single •$4950; Pom0y-$t0,CC0 ING ' No SeWp Fee —!" $ 0 h Member (imbeddeddeductible) .PRI 'C) TASC HRA Self -Administration INEOt • Admin Fee -per roup, per year (due now) • Annual Renetial ez .. . .. _ PLANINFORMATIONINFORMATI~� � ION FULL sets Estimated Numier of Participants: Number of Employee; (FT+PT) to determine G41SRepordn Re qu/ emem. EX'i-stlagHRA_Pn_PI lanl_acet El No ❑Yes If YES, please providethefo)iawfngfnformation: - ERISA 3 -Digi[ Plan 9: — R of current Participants: - Name ofCurrent Administrator. Current Run -Out: Period:.. Days _ ,.Who will administer current Plari Runout? 11. tj rior no 0 TASC PARTICIPANT AND ELFGIBILITY,REQUIREMEM -` I _yFlits sEIF Selectooe eligibility, requirement below• -- 0 Eligibility requirementsinclude partidpabon in the named Health Insurance Plan fN/Afor Qualified small fmpla. er NRA Plum), or :0 Eligibility requirements include (select df)that apply beoW):- ' O Parttime employees wording at least _hoursof work perwee4 will be Ind uded(maxiinum 29h urs) O Current employees completing_months of service with the employerwill be included (muximuqr 90 d�7s) LO New employees completing_ months of service wit the employer will be Included (maximum I days D Eligibllib/ requirements–OTHER: PLAN DESIGN FULL sEtF t Each Plan Design selected requires a separate Plan Appllwhon. Admi9istr4ticn fees erd funding arrangements apply a each p Application. HRA Plan Design options (select one perAppfication)Bud etPlan Fund(ng_ The TASCead tPlaFunding Fee is calculated❑ Plani Medical Deductible Only_ At 25% asapercento the a�re.gate annual benefit ❑Plan 2 Medical Deductible 9 PrescriptionASSD'! under the rA6 HRA Ida. To colculareplan (aRo appbes to Deductible Only ➢lout pre:alptiaas appl7 eowordJhe deductlbfel funding take 7 itail Exlosure r Funding %/12 0 Plan 3: Medical Deductible & Co Insurance At 50% months. O Plan 4: Medical Deductible, Cc -pay,. At 50°% Ifycu do nits a 7oaGdesfred Plan Design, ❑ Plan 5, Medical Deductible,_Co-Pay, Co-insurance, & Prescription At 50% please call TA ati§P0.422,4661'to discuss 0 Plan 6: Uninsured Medical (must be i_n_tegrated with GHP) At50% Plan setup. ❑ Plan 7: QSEHRA Uninsured MedicalAt 50% 10^ Plan 8: QSEHRA Medical InsurancePremiums At75% 1 0 plan 9 QSEHRA Uninsured Medical & Individual Insurance Premiums _ At 7576 TAs6 HRA Pian Participant Responsibility:..Individual: S - Cl 6 (amauntpartlCponN; respcnslbfzforpdor to reimhursemertsl _ ram fly Maximum: S 0'b Percentae OollarAmounc Range TAS: %i 5 "$ ;$ Member (embedded deductible) Famify Aggregate HRAEmmolaver Reimbursed TASC HRA/Employer Reimbursements: Regulotory lunits Jar QSEHRA: - $ 5 Single •$4950; Pom0y-$t0,CC0 -�'-y-=--• Max. reimbursement per Individual: —!" $ 0 h Member (imbeddeddeductible) Aa,° 0 b/FanilYAP-Melte Paae a TG]9!]03a! V 25E-61 Employer Initial i I .ase? Er!oleyer Initial •.tl��rTASC Tc -M3 010117 I 25E-62 FULL SELF �I�ect and complete one of the foilowin brroo tions Indicate the .Plan Year dates and when TASC HRAadmin_Istration begin?. Cl NEW HRA .Plan (no currenrplan exist^) i'�Year AJministration 2eda d'Suc arrive Years o: _ (mo/yr) Plan Start Date: First day o_f: _j_y (Mo_/yr) First day V Consecutive -Months. Continued: Tivel a 112)month period Plate. Plans not run on the calendar year Q.e. la --Decemb&31). _ _need 0 Mid -,Year Plan Takeover -select one setup option below(Yenrto-nate balances must be subminedwlth enrcgments •u-cry/ l alder YlIo� be entered)+ OFUIIPIanYearsetup;or Flan Sponsor mustsubmitanaggregatebalance reportcfpoid(Pant oimspaldyearto-date to,pdJust the Padidppnt HPA balance 0 Short Plan Year setup: (fess than 12 months) Plan Sponsormbstsubmiton aggregate deductible credltrepo- year-to-date to adjust the Paiddpunt HRA balance. Aifaws you alpan/npantdalmspold o e#e d o deductible credit td your Participants based an the amount o/ the heplth_insinim" ed"' lethathasbeen satispedthusfac �_ —Enter plan Betas based on yowseletted setup: Plan Sart Date �� Plan End Date Current TPA Plan:.- _/T/ .. (mo/rid/jry _j = (mofdd/yr) TASC HRA Plan: _/_j_ {mo/rid/yr) i _ NIA f PLAN FUNDING T To fund your TASC HRA Plan TASC will Initiate AOl debitsfrotn the financial institution and bank accountnamed bet r I �anhlnformation ❑.Use•sameACHInfofromPart4o_f_thisApplication_ 0 VsediFemntpC'Hinformab)nasperheiovr. Financial Institution Name Bank Routing Number (9 digia).1 Checking Accoun 9: I — ADMIN ONLY! TA5C HRA - Spet)al Instructions: "- Funding: _ % (Minimum of 25%) x., � 4 .,, J .tL��YF•s*,ai �� 0 t a - 'b. is : .rxr' . �.4 s -SEL.. O COBRA Admtnistratfon & Compliance • Se NOTE: fie Premium Collection FOIm fsrequlred wtth completed uppficotfon;efare Plan titin be tetap. •. __. . .. -. PRICING • Ad Lip Fee (due nowt I In Fee -Per HE, Per month Additional Serviee5 (addiefongl;Feesapply):. - ., .... INFO: • An dal Rdnewal Fee ❑Takeover QuaRaed BeneHdarles (TCIe) COBRA Enrdiiees Ba zd on inumberof employees f5vtmi[7akeoverQuaflJtedDeneJJdor/Farm�foraachiTQB with mmpletedappticoticn)^✓- _ ! ^__ PLAN INFORMATION Number Employees an Healthlnsurance Plan: Total Number of Employees (pro-ratefar PT): f (Carreatcountneededforbillingpurposes) Current COBRA Administrator. 0Self 00 er - _ ^. or DIVISIONS �_�� _ _ SUBSIDIARIES, AFFI-�T __ I -._•T___ _- ,UATES, Identify all subsidiaries, affiliates, or divisions to Include under TASC COBRA and if they requlre a separate setup far ervice�communica8ons: Name: Separate. Name: Saarat. i) 0. 3) i7 2) JI 0 PIAN START �•—� ___ _ i j Enter the month and year that the Plan Year•Mll start for theirst year c f TASC COBRA administration: ( 1 f TASC COBRA PlonappFcation mus: be reeelvedby 15th ofmanth rim' Fart day of: froplr) to this startdete. _�_ CDBRAP.ddepdum Sneadadifrequestedpinn startd to Plan Start Date: doe; no!nreetthls requirement. f 1 OFirst of month, following qualifying event O Other(precse sped); below+: , COBRA PMod Begins: C1 Day aFtzr.quali-tying evert. _ I _ ADMIN ONLY: TASC COBRA - Special Instructions: I .ase? Er!oleyer Initial •.tl��rTASC Tc -M3 010117 I 25E-62 Contact Name: 1 Email: 'D FI i ' ,J Per Payroll File i 4... 'R`„�'S.'h] T �1-'_.rSI.C. W.il. .. .mYj•F+_L.'��'��t�' °�i4L�J.1rFAli . ...�.T'..,i%3}'�'*['.R YY ALE Status Information ]�--- -- _-,�---_--- -. -_-- - -.-- ..----.---_. ❑ ALE with Insured (Medical Plan ! Applicable Large Employer (ALE) Status: Q ALE with Self-lnsured Medical Plan • Set -Up Fe. &Compliance /doe -�own �Z�iy.�y.'.L. / u ❑ FMLA Administration , Admin Fe ;PRICING - peF• mplayee, per month live Minim Additional Servmes(ad�tlbnvlfees apply). _ - INFO: m) ❑ FMLA Eligibility& Entitlement Determination gree of charge within a WCsviteJ • Annual Re LSelect one: ❑ Submit eligibility (Ile permanth ❑ Submit eigibflity file per event _ ewal ee -. -••-I•--^.•^^------•-• ❑QualifyingOFFer Nle!hod ❑ S3';'S O McCrod ' PLAN INFORMATION i _ __ ---- .. ----.- •� Number of Company Locations: .or Page Employer initial Number of Employees: tc.sa;l mau: Number of EES currently on FMLA Leave: Enter Location Name(s): { .(oddiNonolfeed apply per takeover a[ implamantation) _ Current FMLA Administrator(enrerbevaw): ) Enter anystates doing commerce: ❑FMSeiP O TPA: I Reporting per Location?: ❑ N ❑ Yes'(nextgaesaon) _ LA to run concurrent with Porkers O, yes if YES/enter locations and contacts: I Compensation and Short-term Disability Plans: Cl No O Manual Report(viaonifnefarm) i Method of Reporting FMLA Hours: 0Data Feed (via recurring6(efrom yoGr timekeeping syste forFMA time use d) } ollmg BackwCalendarYear ❑ Aard ffINIA12-monthTracking Type(se%pt ore): QgolhngForward t]Plan year vv/StartDate of J_ daysprlarto this St tdota TASC FMLA'Plan Start Date: - _J=(mo/dd) 'P'anapplicadon miurbe mceived 10 �_- ADMIN ONLY: TMC FMLA -Special Instructions: j I - 1. .t�� �`---_•t PRICING ' Set -Up Fee (duen w) ❑ ACA Employer Reporting (2 -year cantract required)• Annual Admin Fee •INFD fdue:r(ow) (employees , Based on number REQUIRED: Please select your Employertype and the appropriate service offering selection for your ACA Re_por Ing needs: Ent vel �. Le vel ofService Needed .. Hou, Tracking) ❑ Single ALE or Government Entity (one EIN): ❑ Comprehensive Plan (includes Voriab _ ❑ Reporting Qnly Hour j Tracking) ❑ Aggregated ALE (more than one ON): Q Comprehensive Plan /includes Varlabi Controlled Group or Government Entity ❑ Reporting Only ❑ Non ALE (under 50 FT employees): Employee Mandate Only _ IT Employer Inforinatioh`^ Contact Name: 1 Email: 'D FI i ' ,J Per Payroll File Tele hone: !File Frequency: iMonthiy ALE Status Information ]�--- -- _-,�---_--- -. -_-- - -.-- ..----.---_. ❑ ALE with Insured (Medical Plan ! Applicable Large Employer (ALE) Status: Q ALE with Self-lnsured Medical Plan ❑ Non -ALE with Self -Insured Medical Plan (10948 and 10958 Filing » nol furtherihfo needed. -- - -- -- —.. ,.-_. .�-__._._.... If you are a `NON AL"" with Self•Ins -gd M=d' I Plan. you DO NOT need to arovide the information belrw- Plan Information and Services Please indlcaf whether you will be Including in, op ionai services baler (response requlrad for pricing): _ I i Variable Hour Tracking: ❑ Ye_s ❑ no Minimum Essential Coverage offer indicator: ❑ -1Fs ❑ No ! The rASCAC9 Emplayer ReportingAdminis:radon Manual will help You answer any of the following items that:vod ❑QualifyingOFFer Nle!hod ❑ S3';'S O McCrod ' i have not aiready determined. Select only those that apply (lesr_plank if unsure): _ ._.-_......�_..—.-...- ....__...... _..._.._ .or Page Employer initial 0L �'gTASC tc.sa;l mau: 25E-63 0—ntrolleu Group: Please Indicate if you are a member of any of the followhrg: (required) • a Controlled Group of business entities under JR5 Section 414(b) 6r (c); ' P Q 4 ❑ Vas »it ye:,[er low' • an affiliated service group under IRS Section 414(m); Sir an arrangement described under IRS Seddon 414(0), , Government Entity Are /ou are a Government Entity that has reportable employees under l more than one EIN number"? Otto O Yes» If Yes,ldw' •If you answered YES to either question above, please complete the information in the section below far each meinmity within the Aggregated ALE, placing the entity with the most employees on top descending down to the entity with the fewest ees. A Plan Appilcation will need to be submitted separately for each entity. Entity's Legal Name Entity's EIN.Number. If there ere morethan 15 amides to report, please provide the remainder on an additional document. I ) ONLY: TASCACA- Special Instructions: ❑ ERISA Compliance Services • Set-up Fee (d PRICING + Annual Admin NOTEolpa wln10?1.n Mefrs[q(the month lit, nhth opplfcadon is retaived. (NFO: Based on num AdditfonalServices (addrtlar_ioleesapp!/J: _. Cl Medicare Part D Notices ❑ PPACA Notices` O Form 55OG Late Filing (x of a no."."J( ee(,Vb Minimum due now )( ) er of,lmployees _F_ ears be filed!__) O Additlonal BeneftPlans(9+) Cl Professional Services (billed hourly) O Wrap Documents• Ind. vldu I/Sepslate Affiliated Employer 0 Carrier CertiFlcates of Coverage attached to Plan Document/SPD ri,, key avtamednLy renew uanuopy $nAyselecti addition! Wrap Documents are needed beyond Included Mega -wrap Decumenr J The following benefits are subject,to ERISA requirements. Please complete each column as R relates to all benefits. "eretl by the Employer. IMPORTAN-f Not Your Plan Document/Summary Plan Description (SPD) will be prepared based on youranswers each question so please be t sure to answer these questions accurately and in agreement with the insurance certificates or summaries for these aneR#s.7hose Insurance jcerVicates and suimmaries will be Incorporated by reference in your Plan Document/5PD and to effect comprise an mporTnt part oiyour Plan j Document/SPD. Refer to KEVbelpwfor each column; I Column A: Applicable health & welfare benefits subject to ERISA- Indicate by completing all columns B -G fort neflt.9loHered by Employer. t For each applicable benefit offered, enter the Month and Date for the ACTUAL Contract Year of thePciirywith each abler. Column B: Ex.raple.- Health— Contract Yearis:anuary 1, renews every January 1 I Column C: 's fine Contract for this benefit issued ht the group name or Individual? Enter "G" for Group, or'9' to;]{individual. i Column D: For applicabla banerlts offered. are employees allowed to pre -baa Their contributions under your Set an li5 Plan? Enter "Y° for yes. or'N"for no. eve Employerinitht G� 9IVASi TC -3323-010117 . I 25E-64 — (A) �~ le) a ,Icl--_ ----(off ___..... Vic) - Coetrad aeenteontrad Pro. Tax Insuran¢ Cauleror Ise i �...�._ (G) 11 nelit 'Total a offevered Year writtento Gmup eeneM Service Provider Name Self-Insu ed ISl), jar; Part pants (moldd/yr1(GloriniliAdualsl9 flR9 FVIlydn ureJ l`) 1 ram a�adlM oepmdenu) Heath Dental ------- , ._De_ �_ __. .z .__•_ _. .__._ Vision ' Life I___ I i AD&0 STD LTD..._.._._._ _....._ _. , Voluntary/ Supplemental We or Aa&n P/ellrtess _ _ I _Employee Assistance Program EAP)_- • Stop Loss Insurance _._ _ . - Vol Othet ERISA Plans` J 'Olney EalSAPlens:chzdkWthy:urroeipllnna ada6arto determ/na¢these plans are Emp/oyersprvisored?tans s59CT to EO: Exa ples initude Prepaid legal Serace; Srho/ars$p Ponds, 0ay{are (enteri yacdtion 8enejiK,ApyrznUceship aratherTmfning 8enefits,Noiiday/Sevuance Benefits, and Np�sing Assistart¢Benefits. GROUP HEALTH PLAN INFORMATION Is Entity part of.' a Controlled Group of Corporations under Code Section 41416); ❑ No ' - a Group of ausiresses/Trades tinder common control ander Code Section 414(c) or ❑ Yes (see next question) ' - an Affiliated Serile sGraupunder Code Sectton414(m) 'CI -iSeporo[ean Acatfolnsarerequired. If YES, are benefits/Premiums /premiums paid from source? .O Yes 4 entiries n aybelinder oneAppiicaffon. r Under PPACA, current Group Health Pian is considered (sclect one): ❑ Grandfathered (GF) ❑ Nan- randfatfiered (N_ GF) Indicate if both items apply below: 1. you are considered an Applicable Large Employer (ALE) under the Employer Shared Responsibility provision of th ( Affordable Care Act (ACT), and; 2. You currently track employee hours to determine if any variable hour, Part-time, or seasonal employees' are "full O Yes C] No t time" Employees for purpaias of health plan eliglblllty _ .. Prescription Drug Plans Offered: O Creditable _ Non�Cmditable ❑ Roth Medicare Part D Coverage: 0 No 0 Yes r11llN ONLY: TASC ERISA • Special Instructions: i ❑PCORICompliance Services (with TASC ERISA -free) PRICING'No Set -Up Fe INFO: ' Annual Admii O PCORI Compliance Services (with out TASC ERISA) _ . Based on nun Fee (qua aw) beroFemployees (1)REQUESTFORINFORMATION 1 select all that apply to your current benefits and status: j O (A) Health Reimbursement Account (HRA) Cl (a) TASC HRA Client 0 (C) TASC Non -Excepted (Health) Flexible Spending'Accourt (NEFSA) Client 0 (0) Self -Insured Health Plan 0 1E)TASC H RA self -Administration Client /TASC Self -Administration NEFSA Client if you checked ONLY boxes A and B and/or C, you tan skip Part 2 below. :ail, Lo Employer InitialIip7aJ0 ro-aats-ran:v Il VV 25E-65 -'» (2) PLAN PARTICIPANT COUNT- I En_terthe following Participant counts (see instructions below on how to court Participants): f + 1st day of the 1st month ofyour Plan Year• Participant . ls[dayofthe 4thmonth,ofyouePlan Year: count as pf: 1st day of the 7th month of your Plan Year 1st day of the 10th month of your PlanYear: INSTRUCTIONS for Participant Count (based on answers InPart1 above): 1 -BoxA ONLY.participant Counts should equal the total number of HRAor NEFSA Plan Participants' ant le firsday of each quarter Box A and E ONLY, or during the Plan Year. Boz C and E ONLY ,. ... Participant counts should equal the total. number ofsalf-insured llezlth Plan Pa Ucipants .. on thy first day oFeach BOTH Box A and D, or quarter during the Plan Year. ` BOTH Box Cand D Ccunteach Health. Plan Participant with self -only coverage and thenadd to that the nuri 1 er of Participants withother thanselfanlycoveragemuldplied by235(the same Plan yearlsonimed%or both yovrHLia self -f ured Healthp!an), Participantcounts should equal thetotainum bee of selflnsurad Health Plan Partcipants antb, Rrstday of each quarterduring the Plan Year: Box DONCY Codnteach Health Plan Parttdpzntviith self;only coverage and thenadd to that the num or of Ifarticipants with other than self only coverage mulUplfed by 2:35 { . -1 . nclude all Coo RA Participants in yourcount but do not lndude'onyspouses brdependents that may, be coveredfundE r the Flan. ADMIN ONLY: TASC PCORI - Special Instructions: S ^t � T J��V'.�r �� O- C a 'LII, • ��£�� - (dug flow) fbenegts(odditicna_/feeg+) 1 PRICING Annual Admfn Fee O IRS Form 5500, Preparation INppf Based_ onnumb_nr +Late Fliing far Form SS007 ❑ No ❑ Yes if YES,. enter number rf late Rlings: ,VOTE-. Thi7efferlvis onyferangaing 5500 Plon&notformztnmers who are getting 5500prepjR anothereffeling. lfgE�1jlate/1 a0sn eded, p/eosezefect urNer �—� I WC ERISA offering ADMIN ONLY: TASC Form 5500 Prep - Special Instructions: j f + ` • �a. I .. �.: .. '�' 1 - ; r• -,; � w) (due7{ow) PRICING Set -Up Fee (ding P ❑Ma Testing RICIN • Annual Admin Fe n -Discrimination Basedonnumbe of employees ___ __.____• j PLANS TO BE TESTED_..-...--.._..,_. { Select Opal appfy,and indicate the start/enddatep for Plan Yearto betested: art Date: EndDate: ❑ Premium Only Plan (POP) /Sectlon 125 Plan): Eligibility Test, Contributions & Benefits Test - Availability & WIT zation,.Key Employee Concefltratfon Test i ❑ Flexible Spending Account (FSA) - D"ependeet Care (Section 129 Plan). Eligibility Test, �— Contributions&Bengt,Test, More than 5% 00ners Concentration Test 5595 Average eenefits Test �OFlexible Spending Account (FSA) -Medical: Eligibility Test, Benefits Test O Health Reimbursement Arrangement (HRA): Eligibility Test, Benefits -rest O Self -Insured Medical Pians: Eligibility Test, Benefits Test Group Term life Insurance: Eligibility Test, Benefits Test Plate: Group employees of 0Y entities must be tested if entity is a member ofo contralled group ofcorporations tra as, or bcsinesses under ` common control or an of dialed service. ADM IM ONLY: TASC Non-Discnm Testing -Special Instructions: age 11 Employer initial N'--, NIIY", raast:as 1" 25E-66 - No set-up ree I OgICING -"` - • Annual AdMIn F e- fiat rate (due now) (] TASC"HIPAA compliance Services �INR0: ee (billed autamedca Nm�: plan ud oa9� an the frsrc/rhe month in which oprccurron isreceried. " —___..— • Annual Renewal P ADMIN ONLY: TASCHIPAA- Special Instructions: - - - - ------ a Set -Up Fee(du tRomp, PRICING •Admin"" pe participant, per month ,INFO: Monthtyivion' none, Fee ❑ TASC Giveeack (Workplace Giving Administration) , Annual Renew l Fee 1 Wu ber of EIIgIble,Emplogees:; . ❑ �lonthl❑ other. ❑ Veekly p gl_ NeektI Semi-MonY i Payroll/Funding Cycle (select one): if Contributions In 12-md plan Year:rill dotes: Participant Eontri(iutiop Schedule: ccntdhution datesmoyarmoynot be_thzsamedata paYI 2`'Contributlon: Jam_ st Cnhtr)bution: _jJ_ "(663ed an Plan wndfn4sdl dole belpw/or 1"ConMbutloni Jam— � _-------- _ First Ycar Administration to begin: .Pint day oP __J— (01011) the month prior to tMssti . BENEFITOFPERIN�S ...-.. •— ^---^^^ Company Match: �— ❑ No ❑ Yes ! if yes, enter Maximum Match for each b Per Employee, Per Year; S Per Payroll: $ . ❑ No 17 Yes fjyes, enter Company Enrollment Bonus Enrollment Bonus: ❑Yes (company fvndraiserarfeatured employ This Seatondcures the method that your Plan will utilim to me a Payroll and payroll matchat is through AMW - sect,,, are In addition to the fess due under PART3 (Fes), The preferred method of payment Is through an Auto AM where TP Payment -via ACL. To start this process: (11 choose which ACH process you want beldw, (2) verily your Expected Da �rovid_eyour bank (1) O TASC ACH(default): TASC Initiates fundi ng payfnentvla Aai on the EOR. ❑ Client MYTASCFunding'. cientrnitiatesfundlngpaymentviaMyTASConorbeforethe-e0ft.Note.Underthis and Routing Numbers to post any unpaid funding amounts that are one (1) business additional annual fee w11I apply it ACH is not elected ($10.00 per paymll). (1) Expected Date of Receipt EDR is the date that TASC will pull in Auto ACH front your designated account ands parelclpanes account(s)- This may or may not be the same date as the participant's (EDR): payroll contribution schedule indicated above for each Payroll elde- (al Bank Information: ❑ Use same ACH Info from Part 4 of this Application Q Use differen Financial Institution Name: Bank Reuling Number (9 digits): Cheeping Accc ADIYIIN ONLY: TASC GiveBack - Special Instructions: page 11 Employer T:391a.0101V 25E-67 Of encs described in :his submission Of your fee lay pait the due date.Also, ply the payroll mriClbutlons to your syroll date. The EDR data Is the ACH. information as per belovr. State: int ti: ! I vII�TASC Pap,°L3 Emp!oy�r Initial ITC -3923410111 P� IPSC 25E-68 IWO i I I t i i I {( Pap,°L3 Emp!oy�r Initial ITC -3923410111 P� IPSC 25E-68 for Retiree Dental Benefits Billing SECTION I THIS AGREEMENT, entered into by and between Total Administrt Corporation ("TASC") and (the "Employer") City ofSanta Ana becomes effective signature on the Plan Application. The services apply to the Plan Year as note Application for retiree dental billing and continuing for successive years in whii Level Agreement exists. The terms of this Agreement shall be in effect indefinite automatically renewable. This Agreement is applicable to the Plan specified or Plan Application which is attached hereto as Exhibit A. 1. Services to be Provided Under this Agreement, TASC is considered to be the Administering provide timely administration and management of the appropriate Plan and ass as outline in the appropriate Product Administration manual/portfolio. 2. Emalover Responsibility Under this Agreemant, the Employer is considered the Plan Sponsor. P the Employer must forward to TASC all relevant information in order for functions to be performed in timely manner. This includes timely payment of invoices. Failure to provide inputs on a timely basis will result in delays and poss which will be the liability of the Employer. The Employers are responsible for Plan Participants on the services being provided. Employer is responsib', www.tascanGne.com;pro:idersllf[PAAr to execute and file the Business Associ provided by TASC. You will received infurmation regarding this within a le, EXHIBIT G I 25E-69 date of he Plan Service will be d in the will to this, ling, their visiting The Employer shall have the sole and final discretionary authority in respect administrative functions of the Plan. 3. Financial Responsibilities Responsibilityof Plan beneficiaries lies with the Plan Sponsor. TASC is managing the administration of those benefits. 4. Fees and Terms of Payment A. The Ernpioyer agrees to pay TASC for services provided under dais accordance with the appropriate Plan fee schedule, B. Invoices for services will occur 43 days prior to the service period (P and are due seven days from the invoice date. C. Fees may be subject to change without formal notice. Fees for cervi Services to be provided under this Agreement — or for additional servic necessary due to missing, incomplete or incorrect information — w. separately and will be disclosed to the Employer prior to incurring the are calculated on the number of employees in the Pian, includi employees, at the time of invoice. D. Employer is responsible For Administration Fees for Entire Plan. payment for administrative services may result in termination of Forwarding to collections for appropriate disposition. 5. Termination of Agreement A. Except as,'I result of nonpayment of (ees, this Agreement shall Conti it is tenminated by Employer or TASC with sixty days written no renewal date. 7 25E-70 and agent :went in :ar start) :side the become nvoiced e. Fees to remit or the until to Plan B. If services are terminated by Employer prior to the end of the existing Nan ear, the Employer is responsible for administration fees for the remainder of th it Plt n year. C. Non-payment of administration fees andto failure to remit funding on t tim.-ly basis may result in Plan termination. If services are terminated under this A>reerient, the Employer will be responsible for completing any outstanding services In 1'ckhtion. it is understood that termination of this Agreement also terminates the prov sion the TASC prototype Plan Document at which time the Plan will hencefort, be perceived as individually designed and the sole responsibility of the Employer. D. If terminated for failure to pay fees this Agreement may be termirtatee by TASC by providing the Employer with a 10 day written notice of said termir atior. Upon communication of Employer's intention to file Bankruptcy, TASC resE rves�the right to terminate services immediately. 6. Insurance TASC shall provide Plan $ponsor it certificate of insurance demonstrating pro -essional liability insurance coverage with a combined single limit of nut less than. 51,000 00 �cr claim with 52.000,000 in the aggregate prior to the start of work pursuant to this Ag eom¢nt. The following requirements apply to, the insurance to be provided by TASC pursuant thi section: A. TASC shall maintain all insurance required above in hill force and effeci for �le entire period covered by this Agreement. II B. Certificates of insurance shall be hnmished to the City upon exet;utioti of this Agreement and shall be approved by the City. C. Certificates and policies shall state that the policies shall nor be canceled or rduced in coverage or changed in any other material aspect without thirty (30) dny pri(Ir written 3 25E-71 notice to the City. ' 7. Confidentiality +(I I ff TASC receives from the City information which due to the nature ofsu ittt rmation is reasonably understood to be confidential and/or proprietary, TASC agrees that i shall not use or disclose such information except in the performance of this Agreement, and ruher Ila.;rees to exercise the same degree of care it uses to protect its own information of like imp rtan e, but in no event less than reasonable care. "Confidential Information" shall include ll r nP ublic information. Confidential information includes not only written informati n, llut 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 p rty i covered by this AgreernenL. The foregoing obligations of non-use and nondisclosure shad not apply to any information that (a) has beendisclosed in publicly available sources; (b) is, th ougl no fault of the TASC disclosed in a publicly available source; (c) is in.rightful possession of t e TASC without an obligation of confidentiality; (d) is required to be disclosed by opera[ on df law; or (e) is independently developed by the TASC without reference to information di. cloy d by the City. S. Lfmitatfons of Warranties and Liabilities A. Except as expressly set forth in this Agreement, TASC disclaims any ai d all express I warranties, warranties of fitness for a particular purpose and implied wanianties of merchantability. B. TASC will not be liable for any loss of business or profits, or any incidental, punitive, or similar damages, or, orher than asset furtli in this for claims of damages made by any third party tar any ;:cruse 4 25E-72 oCthe form of action, whether in contract or in tort, including negligdree, �ven if it has been advised ofthe possibility of such damages. C. Each party acknowledges that this limitation of liability reflects an i formed. voluntary allocation between the parties of the risks (known and unkn )wn) that may exist in connection with this Agreement. D. in no event will TASC's liability exceed the payments made by Empl yer to TASC within the previous six months for services provided under this A' emint. 'rillsshall be Employer's exclusive remedy. I E. No action, regardless of form, atising out of the services provid�d under this agreement, may be brought by Employer later than two years after t e dale the last services are provided under this Agreement. I 8. Execution and Delivery This Agreement may be executed and delivered (including by facsimile or� Portable Document Format (PDE) transmission) in one or more counterparts, all of vhicl� will be considered on and the same agreement and will become effective when one or mo a counterparts have been sighed by each of the parties and delivered to the other party. Any so h facsimile or I PDF documents and signatures shall have the same force and effect as manually-s'gned originals and shall be binding on Employer and TASC. 9. Discrimination TASC shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age. national origin. ancestry, or disability, as defined and llprod iibited by applicable law, in the recruitment, selection, training, utilization, promotion, tenni iatioh or other I employment related activities. TASC affirms that it is an equal opportunity emp overland shall 25E-73 comply with all applicable federal, state and local laws and regulations. 11), Records TASC shill keep records and invoices in connection with the work to be p( this Agreement. TASC shall maintain complete and accurate records with resp( incurred under this Agreement and anyservices, expenditures, and disbursements City for a minimum period of three (3) years, or for any longer period required b3 date of final payment to TASC under this Agreement. All such records and im clearly identifiable: TASC shall allow a representative of the City to examine, at transcripts or copies of such records and any other documents created pursuant to P during regular business hours. TASC shall allow inspection of all work, dat proceedings, and activities related to this Agreement for a period of three (3) years of final payment to TASC under this Agreement. 11. Conflict of Interest Clause TASC covenants that it presently has no interests and shall not have indirect, which would conflict in;any mariner with performance of services s Agreement. 13. Governing Law This Agreement shall be governed under the laws of the State of 6 25E-74 ed under the costs ed to the From the shall be id make the date or this 13. Entire Agreement This Ageement represents the entire agreement of the parties and sL written or oral agreements. This Agreement shall not be altered or amended. ATTEST: MARIA HUIZAR Cleric of the Counci l AP,PR.OVED AS TO,FORNI: SOMA R. CARVALHO City Attorney n n By: c-owoc� Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ED RAYA Executive Director of Personnel Services CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager TOTAL ADtVIENISTRA CORPORATION 7 25E-75 prior E SERVICES EXFIIBIT A PLA, APPLICATIO\ 25E-76 VAS Retiree Billing Application Follow duan is for fasr nd etiicienr urocessing of }'our Plan Application, Clicnrs musr complete all Secrimas. • P'Cisc print kgialy Far Lasino. C:nnracs-PASC fat 1-838-595-2261) fir wall the Plan Applicarion. Fix p;ur eompdettd Plan Aoplication't.ong ivirh }'aur ree ro 608.241.4584 or mail it co TASC, 2302 PO Bo: L4140. \4.:,I!,on WI 53704-8 L40. (1) EMPLOYER/ADMINISTRATOR f_ont.ar Nanm Cmnpmr.• Plame (Full legal none, ine!u.4ing y}i if zppl,ia'anitjI Canq,anyP ysirai:kd.1m;S;I LPO ?,.K) 2V�l"JC 7 ,} Alailiny:ld.L-ns:;—if from Ph}•sical .rJ.!rms 1 L ._ r Niro..andLax ID 2sofany' nr`hercomr.w'.h uivnaL'a+ucr,:iled conl}mltie::eLa( are par!dpating is the E -m1:1 A:h1( Ss _/l.e I�l)!'1�•� .t;ti :Da 1`_; C< — i.l.Y 'G(. �(,/ I 2hone Numu.:r_ /t 1 L�,—�`� %vp _Fax Number Sveisias Ped'.1 :D:_�� lt66 i-70 i N:\(C_tier5[C Cade (Found m: ms F.,. 55,;%u. 3dj, On you oar. 2.1miczsfin. W.. aeh:r bnsines:' Dyes (:-�Nu lf}'+u•nuu�'uer uLGupin;ets If Jou arc a arrear❑ianr dTASC: please nere which ser•:ice: 0 FIeaSJs:em (FSA) 0 HRA O COBRA 0 (2) PAYMENT T+c Mhlnntirf5['F+1'FY• InJ ::tYpllL r W.LY4n:}• LC ahrsmineJ is a fit• sched,le.tn1 invoke) m dm ruploye .. llw A. -:minis ?licarion, (South Uakna nsidu,a ad8 4rG saia <u.) dd.iiriurul cess may balnelia4. ro be decemJinrd by finzl renewal ;be O FNILA dnr a rine of an• I Scrricc I OneTtmcSecun-. I AdminutracoaFm I Other re I I i Retiree Billing S r ! �) �' v'(• L�l f�)J'i urinl.�zl v Zf\c-ter•:+• ! ' Fes an: scala:: m el:>rtge pendirt :evity nF P!mr Coe:nnrnu and infonngnon. and ltrclu:inaaon. f work invelvrh 0 Catck g Sigascnrc__ Cud a ___. .._._ _..... 0 %las[arCa-d :J Pisa 0 Ant.rian Exprri l 0 Hanle of Cardlmlder!, lame on Cud) E:cv. (3) E -PAY .ASCssr..ud.l:dmedu+d Farta4miasinn nfad,nin:t[rarun fcts is via E-Ih:: W0,:L•is'COice.l:\SC: convrnian:Ly deduus .n:ossnt. Simply onq,'e:e d:e Al •vnncn d::aic tut!:orpriuns nuac pr,.Wde char d:e Ri only bt•n,nif'inf:hc(lr:namrin rhe nutute. aPcCsidul d:::,ndsuri:aiinu. the Itnv::age in 1w aad:urtctnm+ up,",ws :<:12 -harm: d0ikC. taumr.:wsan:rion noticirs apnn Al:! -I Newark 1'aakiparts, dinanc:.l; L�- _ I-), If 71'.:�/ !I:r itmtru.,; ::v,::Fer Chr.:':w, Aemvn:.`:umLer _ is: r.. ren. .,_., rrurn :,,.....,.aJ:. T:.•nr.:ua. � :.... .: :r.r.Ii.-r•Sna arn.. �..:,v.cl i•; 25E-77 1 You; :twainz the anrwria;:rn.n e:tlillre:IWM ]di0el- (4) AUTHORIZATION 1 . ..... dpittdn,Mlllll It'd I'-.' d., W of ChO by 1_l L "C I HPAA Dwinc. .,U, em.pmy 12`5": rl, & �JIS A tia.) ,I I .... 44"If. llro%,ido� Agchr Nx,tt KeFiIm kj4 i\en'S L7 CA Q I (5) PLAN DESIGN Racave NiNlig Ph,, Opc: ... a (,Iicck oily one): i2z crillo4ri,., 0 Scandad Cuscom LvImm of Recired E,,,,pJoy,,e.% Pirr!gnm: 06) Mpving .. III, Bwt,fu Praviom TRA (C-InPtInY -Pr-e-CMITACI 113McAIId.DII.I.., Employcr Fur,.mr a Ps,el Wor1clicce (d,,.wrib.) A. A,,ailabl,, 8,uiefim Bondirs Avzailahlero *0=z m"ll"I "D rjc;,Cjl 0 W-10" 0 !jk (D Medi •am F.1 dble pjm,: %mfiu Admiui=rrd by Retiree Billing: C?,*,I,,dj,j 0,D,.%c,i 0 via �, Lo Q Lifit M44c,,:tim El gIA01.11. B. E.Mltn,e,Ic ":,,v Eligibk ikluchu,i Envoltmsr InfortnucicIl 111 be PruvPdcd w Retire: Billing: 0 eleararlic File 0 paper Form 0 Omrr,jaail a; Aa:;-r,BweJirE,,dDm,.-: Rerm., xledic.w 0.4bi, A9c65RemjIjcIrLgtre,: Oy" 0. No I Amicial SumMownt Chmigej op", Ell oll.mm scarr Due: L4�� Open Er.,,ffmI;,r Dirz: ait.ldic Chq- Dcadlim Dam —= =12-31 11 --7 --,— C. le,11cf, C.'"i,tr I-ifamucian (f&ll Lify !III 011ri..) ------------ Gxrri<r NI've C, 'Irm, I Imile Number Number li" Bg1lbilk?'t Billing To Rerk •3 E±S 55i/61 I. .s ('co-:, 3. M,: Amwh for III .,fors place.) Tr.:...... M,j,,j t. C.,,,: ,Z) EDI F:ie J Ci,mmr'X,,buir, 0 I7 PSI. C Gatoil G,-a,t..4 hifomicior, fl i*kl)cr lairtal 25E-78 tai; QAAPK,P pPl FIL 6_ WORK MAY PROCEED UNT L iHSIJRANCE EXPIRE, 1%-2011-258-02 CLERK OF COUNCII DTE EMPLOYER VANTAGECARE RETIREMENT -HEALTH- SAVINGS (RHS( PLAN ADOPTION AGREEMENT Plan Number: 8 03237 Select as applicable: ❑ Standalone RHS ❑ Integmred RHS El Amendment to Existing Plan ❑ New Plan (see NOTE bclmv) NOTE: (For existing employers only): Check here p if you want [CMA -RC to use existing plan contact information for this new plan setup. Otherwise, if contact information has changed, please complete and return the Implementation Data Form found on pg. 11:31 along with the adoption materials. Employer Retirement Health Savings Plan Name: 1. Employer Name: City of Santa Ana Scare: CA Ii. The Employer hereby attests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. Effective Date of the Plan: 01/01/2016 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer: city or Santa Arta Retiree Wetton aenofts Flan V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups The following group or groups of Employees are eligible to participate in the VanrageCare Retirement Health Savings Pian (check all applicable boxes): ❑ All Employees ❑ All Full -Time Employees ❑ Non -Union Employees ❑ Public Safety Employees — Police ❑ Public Safety Employees — Firefighters ❑ General Employees ❑ Collectively -Bargained Employees (Specify unic(s)) Police Management Association, Santa Ana Management Association, m Other (specify group(s)) Confiden0al Association of the City of Santa Ana 8 Full Time and Pan Time Civil Service Employees recognized by the Santa Ana City Employees, Chapter 1939/Service Employees international Union Loral 721 (SEIU) The Employee group(s) specified must correspond to a group(s) of the same designation that is defined in the statures, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the state or locality of the Employer. B. Participation Alan canny Participation. tVI Employees in the covered group(s) are required to participate in the Plan and shall receive contributions pursuant to Section VI. If the Employer's underlyingwelfare benefit plan or funding tinder this Vantage Care Retirement Health Savings Plan is in whole or pan a non -collectively bargained. self-insured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules may impose taxation on tire benefits received by highly compensated individuals if the Plan discriminates in favor of highly compensated individuals in terms of eligibility or benefits. The Employer should discuss these rules with appropriate counsel. C. Participant Eligibility Requirements 1. Nlinimum service: The minimum period of service required for participation is NIA minimum service is required). 2. Minimum age: The minimum age required for eligibility to participate is N/A age is required). > EXHIBIT H e 25E-79 (write N/A if no (write N/A IF no minimum VL Contribution Sources and Amounts A. Definition of Earnings The definition of Earnings will apply toall RHS Contribution Features that reference "Earnings", including Direct Employer Contributions (Section VI.B.I J and Mandatory Employee Compensation Contributions (Section VI.B.2.). Definition ofearnines: As defined by the MOU B. Direct Employer Contributions and Mandatory Contributions I. Direct Employer Contributions The Employer shall contribute on belialf of each Participant ❑ 96 of Earnings ❑ S each Plan Year ❑ A discretionary amount to be determined each Plan Year [71 Other (describe): See Attached 2. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: ® Reduction in Salary - % of Earnings or $ will be contributed For the Plan Year. ❑ Decreased Merit or Pay Plan Adjustment -All or a porion of the Employees' annual merit or pay plan adjustment will be conrribured as follows: An Employee shall not have the right to discontinue or vary the rate of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contriburions Tic Employer will make mandator• contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): Z Accrued Sick Leave See Attached ® Accrued Vacation Leave See Attached m Other (specify type of leave) Accrued Leave See Attached An Employee shall nor have the righr to discontinue or vary the race of mandatory leave contributions. C. Limits on Tom( Contributions (check one box) The total contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for cacti Plan liar shall not exceed the following limic(s) below. Limits on individual eoncribucion types are defined within the appropriate section above. 25E-80 JZ] There is no Plan -defined limit on the percentage or dollaramount of earnings that may be contributed. ❑ %of earnings` 'Definition of earnings: ❑ Same as Scction VI.A.. ❑ Other ❑ $ for the Plan year. See Section V.B. for a discussion of nondiseriminarion rules dear may apply to non-eollectivdy bargained self-insured Plans. VII. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) ® The account is 100% vested at all times. ❑ The following vesting schedule shall apply to Direct Employer Contributions as outlined in Section VI.B.I Years ofScrvicc Vesting Completed Percentage oo B. The account will become 1004o vested upon the death, disability, retirement', or attainment of benefit eligibility (as outlined in Section IX) by a Participant. 'Definition of retirement includes a separation from service component and is further defined by (check one): ❑ The primary retirement plan of the Employer ❑ Separation from service ❑ Otter C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above. VIII. Forfeiture Provisions Upon separation from the service of the Employer prior to attainment of benefit eligibility (as outlined in Section IX), or upon reversion to the Trust of a Participant's account assets remaining upon the participants death (as outlined in Section XI), a Parricipanrs non -rested funds shall (check one box): ❑ Remain in the Trust to be reallocated among all remaining Employees partieiparing in the Plan as Direct Employer Contributions for the next and succeeding contribution cycle(s). 0 Remain in the Trust m be reallocated on an equal dollar basis among all Plan Participants. ❑ Remain in the Trust to be radlocated among all Plan Participants based upon Panicipant account balances. ❑ Revert to the Employer. 2E-81 IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: ❑ At retirement only (also. complete Section B.) Definition of retirement. ❑ Same as SectionVll.B. ❑ Other {ZJ At separation from service with the following restrictions ® No restrictions ❑ Other_ B. Termination prior to general benefit eligibility: In case where the general benefit eligibility as outlined in Section IX.A includes a retirement component, a Participant who separates from service of the Employer prior to redremenr will be eligible to receive benefits: m Immediately upon separation from service ❑ Other C. A Participant that becomes totally and permanently disabled ❑ as defined by the Social Security Administration 9 as defined by the Employer's primary retirement plan ❑ other will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI. X. Permissible Medical Benefit Payments Benefirs eligible for reimbursement consist of. ® All Medical Expenses eligible under IRC Section 21Y other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). ❑ The following Medical Expenses eligible under IRC Section 213' otter than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). Select only the expenses you wish to cover under the VanmgeCare Retirement Health Savings Plait: ❑ Medical Insurance Premiums ❑ Medical Out-of-pocket Expenses' ❑ Medicare Part B Insurance Premiums ❑ Medicare Part D Insurance Premiums s, l 25E-82 ❑ Medicare Supplemental Insurance premiums ❑ Prescription Drug Laurance Premiums ❑ COBRA Insurance Premiums ❑ Dental Insurance Premiums ❑ Dental Out-of-pocket Expenses' ❑ Vision Insurance Premiums ❑ Vision Our-of-Pocker Expenses' ❑ Qualified Long -Term Care Insurance Premiums ❑ Non -Prescription medications allowed under IRS guidance' ❑ Other qualifying medical expenses (describe)' See Section VA. far a dirtunion ofnatdherindnation rulrs which pray apply to non -collectively bargained, re/f-inrnred Plans. XI. Benefits After the Death of the Participant In the event of Participant's death, the following shall apply: A. Surviving Spouse and/or Surviving Dependents The surviving spouse and/or surviving eligible dependents (as defined in Section XILD.) oFche deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical benefits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into Dreyfus Cash Management fund' (or another fund selected by the Employer). The account balance may be reallocated by the surviving spouse or dependents. 71n inrertnrent in the Dreyf n Car, Alanagmioo money nmrketf..rd it not inrured orguaraweed by the Federal Deporit Ln'raun Corporation many otberguvernmeut gency. Although the f urd reeky to prererre for vabre efyour invatnrearat 51.00 perrbare, it it parrible to lore money by inverting in thefund. Inverrorr should consider ibe inrertnrent objretiver, rirkr, rlragei, and erpenrer ofibe fund nrrefrd/y beforr inveitiug. You nnty visit nr at mtvrv.ieruam-org or call SOO.669-7400 to obtain a pm pectis t,nt rontainr tbii and other it formation about the fiord. Reid the prorpecna carefully before inverriug. If a Participant's account balance has nor been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert to the Plan to be applied as specified in Section VIII. B. No Surviving Sponse or Surviving Dependents If there are no living spouse or dependents at the time of death of the Participant, the account will revert to the Plan to be applied as specified in Section VIII. XII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VantageCam Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes bur is not limited to termination notification and benefit eligibility notification. B. Participant account administration and asset-based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. 5E=83 C. Auignnsent rrbeucrits is not pet in Beoefirs will be paid only m the Participant, his/her Survivors, the Employer, c r an insurmce provider (as allowed by the elainu admbtisurnmr). Payments man third -party payee (e.g.. medical service provider) arc nor permiued will, Elie exception of reimbursement in the Employer or insurance provider (as ullowed by the claims adminisrratnd. D. An eligible dependent is (,d the Participants lawful spouse, (h) cite Participanri child tinder rhe age of 27, as dclincd by IRC Section, 152(0(1) and Internal Revenue Service Notice 2010-38, or (c) any other individual who is a person described in IRC Section 152(a). as clarified by Inrermal Revenue Service Notice 2004-T). E. The Employer will he responsible for withholding, reporting and remising any applicable taxes rnr prynscors which are deemed to be diseriminaccry under IRC Section 105(h), as outlined in Elle VSmageGw Retirement Flealth Savings Plan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it undcrsmnds char failure to properly rill our this Employer VancngeCam Reriremcnc Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Tmsr and/or loss of rax -deferred status for Employer contributions. B. 0 Check this box if you are including supporting documents that include plan provisions. EMPLOYE•RSIGNATURE d By. _ .. �� � Date: 1 '� Title, City 6 nage. Attest• Date: Tide. Clerk of the Council Accepted: VADITAGEPOfNTTRANSFER AGENTS, LLC APPROVED AS TO 17010,1 5>v�iy Laura A. Rossini eLsistanr eeretary, ICNIA-RC Senior Assistant City Attoriw.. M;RIA • 1 ZAR CLERK OF THE COUNCIL DEC D 8 2015 25E-84 City of Santa Ana RHS Plan #803237 Amended 1/1/2016 Eligible Group: Police Management Association (PMA) VI.B.1. Direct Employer Contribution: 1. A percent of earnings as defined by the MOU 2. A one-time lump sum contribution as a conversion from the existing PMA Medical Retirement Subsidy Plan VI.B.2. Mandatory Employee Compensation Contributions: A percent of earnings as defined by the MOU VI.B.3. Mandatory Employee Leave Contribution: Accrued Sick Leave: Employees hired prior to 1990 who separate from service on or after July 1, 2011 will contribute 100% of eligible sick leave payout _ Accrued Vacation Leave: Employees hired prior to 1990 who separate from service on or after July 1, 2011 will contribute 100% of vacation leave payout Accrued Management Leave and Holiday Pay: Employees hired prior to 1990 who separate from service on or after July 1, 2011 will contribute 100% of holiday leave payout and 1000 of management leave payout Eligible Group: Santa Ana Management Association (SAMA) & Confidential Association of the City of Santa Ana (CASA) VI.B.1. Direct Employer Contribution: 1. A percent of earnings as defined by the MOU 2. A one-time lump sum contribution as a conversion from the existing SAMA & CASA Medical Retirement Subsidy Plan VI.13.2. Mandatory Employee Compensation Contributions: A percent of earnings as defined by the MOU VI.B.3. Mandatory Employee Leave Contribution: Accrued Sick Leave: Employees who separate from service on or ofterJuly 1, 2014 will contribute 100% of eligible sick leave payout 25E-85 A-2011-258-02 IL oVZ)VNANCE EXPIRES 1-15 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN IH1 F1. ,,i ADOPTION AGREEMENT Plan Number: 3 03237 Select as applicable: ❑ Stvtdalonc RHS ❑ Integrated RHS 0 Amendment to Existing Plan ❑ New Plan (see NOTE below) NOTE: (For existing employers.only): Check here [2) if you want 1CMA-RC to use existing plan contact information for this new plan setup. Otherwise, if contact information has changed, please complete and return chi: Implementation. Data Form found on pg. II:31 along with the adoption materials. Employer Retirement Health Savings Plan Name: 1. Employer Name: City of Santa Ana State: CA 11. The Employer hereby attests that it is a unit of astate or local government or an agency or instrumentality of one or more units of a state or local government. III. Effective Date of the Plan: Odlober 1, 2014 IV. The Employer intends to utilize the Trust to- fund .only welfare benefits pursuant to the following welfare benefit plan(s) established by, the Employer: City ofSanta Ana RettreeWellareBenefiitsPlan V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups The following group or groups of Employees are eligible to participate in the VamageCare Retirement.Healdh Savings Plan (check all applicable boxes): ❑ All Employees ❑ All Full -Time Employees ❑ Non -Union Employees ❑ Public Safety Employees — Police ❑ Public Safety Employees — Firefighters ❑ General Employees ❑ Collectively -Bargained Employees (Specify unit(s)) Police Management Association, Fire Management Association, Other (specify gmup(s)) Collectively -Bargained Employees continued: Santa Ana Management Association & Confidential Association of the City of Santa Ana The Employee group(s) specified must correspond to a group(s) of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the -state or locality of du Employer. B. Participation klandatory Participation: All Employees in the covered group(s) are required m participate in the Plan and shall receive contributions pursuant to Section VI. If the F.mploycr's underlying welfare benefirplan br.,funding.under Ellis VaittageCare Retirement Health Savings Plari4s iti ; i- whole or pa,'rt a non -collectively bargained self insured pla vthe nondiscrimination requirements of Internal Revenue (IRC) Section 105(h) hilt apply. These: rules may impose taxation on the benefiii;rec&t ed by highly compensated mdtytduals if the Plandncnmmates'infavor ofhighly compensated individuals in terms ofeligihility or benefits fhhc Employer should discuss these rides with appropriate counsel. C. Participant Eligibility Requirements I. Minimum service: -Ilse minimum period of service required for participation is N/A (write NIA if no minimum service isrequired). 2. Minimum age: -lie minimum age required fur eligibility to participate is NIA (write NIA if no minimum age is required).---- VI. Contribution Sources and Amounts A. Definition of Earnings -Ihe definition of Earnings will apply to all RHS Contribution Pcamresdtat reference "Earnings", including Direct Employer Contributions (Section V I.B.I.) and Mandatory Employee Compensation Contributions (Section VI.B.2.). Definition of earnings: As defined by the MOU B. Direct Employer Contributions and Mandatory Contributions 1, Direct Employer Contributions The Employer shall contribute on behalf of each Participant ❑ % of Earnings ❑ $ each Plait Year ❑ A discretionary amount to be determined each Plan Year ❑ Other (describe): See Attached 2. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: ® Reduction in Salary sa"t"arJod % of Earnings or $ will be contributed for the Plan Year. ❑ Decreased Merit oi• Pay Plan Adjustment - All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contributions The Employer will make mandatory contributions of accrued leave as follows (provide formula For determining Mandatory Employee Leave contributions): ® Accrued Sick Leave See Attached ® Accrued Vacation Leave See Attached ® Other (specify type of leave) Accrued Leave See Attached An Employee shall Lint have the right to discontinue or vary the rate or mandatory leave contributions. C, Limits on Total Contributions (check one box) -Ihe tot -,d contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall nor exceed the following limir(s) below. Limits on individual contribution types are defined within the appropriate section above. f' � ; t r.w � � t' •��� �7'. .1.. 1t � �� iii .a.. .. a.. ..c ® There is no Plan -defined limit on die percenragc or dollar amount of earnings that may be contributed. ❑ % of earnings* *Definition of earnings: ❑ Same as Section VIA. ❑ Other ❑ S for the Plan year. See Section V.B, for a discussion of nondiscrimination rules that may apply to non-eollectively bargaitudself-insured Plans. VII. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) ® The account is 100% vested at all times. ❑ The following vesting schedule shall apply to Direct Employer Contributions as oudined in Section VI.FI.I.: Years of Service Vesting Completed Percentage % 0% B. The account will become 100% vested upon the death, disability, retirement*, or attainment of benefit eligibility (as outlined in Section IX) by a Participant. `Definition of retirement includes a separation from service component and is further defined by (check one): ❑ The primary retirement plan of the Employer - ....❑ Separation from service ❑ Other C. ,Any period of sctvice bra Participant prior to a rehire of the Pnrticipant by the Employer shall not count toward the vesting schedule outlined in Aabove. VIII. Forfeiture Provisions Upon separation from theservice of the Employer prior to attainment of benefit eligibility (as outlined in Section IX), or upon reversion to the Trust of a Participants account assets remaining upon the participants death (as outlined in Section XI), a Participants non -vested funds shall (check one box): ❑, Remain in the Trust to be reallocated among all remaining Employees participating in the Plan as Direct Employer Contributions for tine next and succeeding contribution cycle(s). ❑ Rcmain in the Trust to be reallocated on an equal dollar basis among all Plan participants. ❑ Remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances. ❑ Revert to the Employer. v _..,2SE=$$ .. _. . IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement. Health Savings Plan A. A Participant is eligible to receive benefits: ❑ At retirement only (also complete Section B.) Definition of retirement: ❑ Same as Seaimi VILB. ❑ Other {Q At separation from service with dee following restrictions ® No restrictions ❑ Other B. Termination prior to general benefit eligibility: ht case where the general benefit eligibility as outlined in Section IX.A includes a retiremem.component, n Participant who separates from service of tlic Employer prior to retirement will be eligible to receive benefits: m Immediately upon separation from service ❑ Other C. A Participant that becomes totally and permanently disabled ❑ as defined by the Social Security Administration as defined by the Employer's primary retirement plan ❑ other will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI. X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist oL ® All Mcdical Expenses eligible under IRC Scction-213' other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). ❑ -Ihc following Medical Expenses eligible under IRC Scction 213' other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). Select only the expenses you wish to cover under the VantageCare Retirement l-lealrh Savings I'lan: ❑ Medical Insurance Premiums ❑ Medical Our -of -Pocket Expenses' ❑ Medicare Part B Insurance Premiums ❑ Yledicire Part D Insurance Premiums r ❑ Medicare Supplemental Insurance Premiums ❑ Prescription Drug Insurance Premiums ❑ COBRA Insurance. Premiums ❑ Dental Insurance Premiums ❑ Dental Out -of Pocket Expenses' ❑ Vision Insurance Premiums ❑ Vision Out-of-pocket Expenses' ❑ Qualified Long -Term Care Insurance Premiums ❑ Non -Prescription medicationsallowed under IRS guidance' ❑ Other qualifying medical expenses (describe)' `Sec Section V.A. for a-ditu,rfat ofnondiseinbnatio,.rtdei which may apply m ton -collectively bargained, self-insured Plat,: XI, Benefits After the Death of the Participant In the event of a Participant's death, the following shall apply: A. Surviving Spouse and/or Surviving Dependents The surviving spouse and/or surviving eligible dependents (as defined in Section XILD) of the deceased Participant are immediately eligible to maintain the account and utilize it m fund eligible medical benefits specified inSection X above. Upon notification of a Participant's death, the participant's account balance will be transferred into Dreyfus Cash Managcmentfund' (or another fund selected by the Employer). The account balance may be reallocated by the surviving spouse or dependents. 'In invemnrnt in the Dreyfi, Cath Management nnuney market fond h not injured a, guaranteed by the Federal DelowitInsuranre Corporation or any othrrgooenunent agenry. Although the fund seek; to preserve the Oahu of your investment at$1.00 per share, it i; possible to lou money by investing in tfie find luveitori sbomld rontider the innei,nert abjectivet, risks, charges, and eapeuer ofthefnnd rarrfidly before inveitirrg. You may visit us at uwmicmarrtorg or call 800-669-7400 to obtain a prarpecnu that nnntain; thin and orber information about the frond. Read the prosperna carefrdly, before invetbrg. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert to the Plan to be applied as specified in Section VIII. B. No Surviving Spouse or Surviving Dependents If there are no living spouse or dependents it the time of death of the Participant, the account will revert to the Plan to be applied as specified in Section VIII. XII. The Plan will operate according to the following provisions: A. Employer Responsibilities I. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VanragcCare Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes but is nor limited to rermination notification and benefit eligibility notification. B. Participant account administration and asset-based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Assignment of benefirs is not permitted. Benefits will be paid only to the Participant, his/her Survivors, the Employer, or an insurance provider (as allowed by.the claims administrator). Payments to an third party payee (e.g., medical service provider) arc not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator). D. An eligible dependent is (a) the Participant's lawful spouse, (b) the Panicipanc s child under the age of 27, as defined by IRC Section 152(f)(1) and Internal Revenue Service Notice 2010.38, or (c) any other individual who is a person described in IRC Seecion 152(x), as clarified by Internal Revenue Service Notice 2004-79. E. The Employer will be responsible for withholding, reporting and remitting any applicable (axes for payments which arc deemed to be discriminatory under IRC Section 105(h), as outlined in the VantageCare Retirement.Health Savings Plan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Rciircment Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions. Be ® Cheek this box if you arc including supporting documents that include plan provisions. EMPLOYEFSIG PLE L / By:, O,/) /- i/iy�tY/ Tyler City Manager r ^ Attest; Clerk of the Council Acccptcd: VANTAGEPOINT TR/uNSFER AGENTS, LLC t z Assistant gecrctary, ICvul-RC Date: Date: 25E-91 A,PT , "0 AST FO RIM / Joseph Straka Assistant City Attorney A-201 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number. 8 03550 Select as applicable. ❑ Standalone RHS ❑ Iniegrand RHS [D Amendment m Existing Plan ❑ New Plan (.see NOTE below) NOTE: (For existing employers only): Check here © ifyou s¢u¢ ICNIA-RC to use esisring plan contact information for this new plan setup. Otherwise, if contact information has changed, please complete and return the Implementation Data Form found on pg. 11:31 along with die adoption materials. Employer Retirement Health Savings Plan Name: 1. Employer Name: City of Santa Ana State: California Il. The Employer hereby attests that it is a unit oFa state or loaf government or an agency or instrumentalityof one or more units ofa state or local government. III. Effective Date ofthe Plans 061012015 N. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer: Ceyor Sam.Ana Reseaweiremae,cM4P6 V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups The following group or groups of Employeks are eligible to participate in die VantageCare Retirement Health Savings Plan (check all applicable boxes): ❑ All Employees ❑ All Full -Time Employees ❑ Non -Union Employees ❑ Public Safcty Employees — Police ❑ Public Safety Employees — Firefighters ❑ General Employees ❑ Collectively-Bargai=1 Employees (Specify unit(s)) 0 Other (spccifv group(s)) City Manager Tyre Employee group(s) specified mttsc correspond m a group(s) of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in clue irate or locality of the Employer. B. Participation Alandatoty Partieipatiom NI Employees in die covered group(s) are required to participare in rite Plan and shall receive contributions pursuant to Section VI. If elm Employes underlyingwelfare benefit plan or Funding under this V.tnrageCare Retirement Hcsleh Savings Plan is in whole or pan a non -collectively bargained, self-insured plan, the mndiscriminarion requirements of Internal Revenue Code (IRC) Section 105(h) will apply. These rules mry impose taxation on the benefits received by highiymmpensared individuals if the Plan diserindjura in favor of highly coinpemarcd individuals in terms oFeligibility or henefin. The Employer should discuss these rtes with appropriate counsel. C. Participant Eligibility Requirements 1. Minimttnt service: The minimum period oFservice required for participation is NIA (write NIA if no minimum service is required). ?. Nliuinmm age: The miriinmm Age required for c[i 6iili[y to participate is (scalae \4:1 Wan minimum age is required). , t . 25E-92 N VI. Contribution Sources and Amounts A. Definition of Earnings 'Ilse definition of Earnings will apply to all RHS Contribution Features that reference "Earnings including Direct Employer Contributions (Section VLB.1.) and Mandatory Employee Compensation Contributions (Section VLB.2.). Definition of earnings: As defined by the City Manager Employment Agreement. B. Direct Employer Contributions and Mandatory Contributions 1. Direct Employer Contributions Tlse E• nsployer shall contribute on behalf of cads Participant ❑ %oFEarnings ❑ S each Plan Year U A discretionary amount to be determined each Plan Year Other (describe): A one-time contribution as a conversion from the existing Medical Retirement Subsidv Plan. 2. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: ® Reduction in Salary - 1.95 % of Earnings or $ will be contributed for the Plan Year. ❑ Decreased Merit or Pay Plan Adjustment -All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rare of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contributions The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): ® Accrued Sick Leave 100% of sick leave cash out ❑ Accrued Vacation Leave ❑ Other (specify type of leave) Accrued Leave An Employee shall nor have the right to discontinue or vary the rate of mandatory leave contributions. C. Limits on Total Contributions (check one box) The total contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall not exceed the following limits) below. Limits on individual contribution types are defined within the appropriate section above. 25E-93 ® There is no Plan -defined limit on the percentage or dollaramounr of earnings chat may be contributed. ❑ % of eamings' 'Definition ofearnings: ❑ Same as Section VLA.. ❑ Other ❑ $ For the Plan year. See Section V.B. for a discussion of nondiscrimination rules chat may apply to non-colluctively bargained self insured Plan,. VI I. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) ® The account Is 100% vested at all times. ❑ The following vesting schedule shall apply m Direcr Employer Contributions as outlined in Section VLB. L: Years of Service Vesting Completed Percentage o/O _% _aa % °h _% _/a B. The account will become 100% vested upon cite death, disability, retirement', or attainment of benefit eligibility (as outlined in Section IX) by a Participant. 'Definition of rerin:menc includes a separation from service component and is further defined by (check one): ® The primary recirentcnt plan of die Employer ❑ Sepa scion from service ❑ Othcr C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above. VIII. Forfeiture Provisions Upon sepacation from rhe service of rhe Employer prior to attainment of benefit eligibility (as outlined in Section (X), or upon reversion to the Trust of a Parricipues account assets remaining upon die participant's dealt (as outlined ill Section XI), a Participant's non-veued funds shalt (check one box): ❑ Remain in the Trust to be reallocated among all renuining Employees participating in rhe Plan as Direct Employer Contributions for cite next and succeeding enncriburian cycie(s). [✓J Remain in rite Trust m be reallocated on an equal dollar basis among all Plan Participants. ❑ Remain in the Trust to be reallocated aniong:dl Plan Participants based upon Parricipattraceaunt balances. ❑ Revert to the Employer. 25E-94 I IX. Eligibility Requirements to Receive Medical Benefit Payments From the VantageCare Retirement Heahh Savings Plan A. A Participant is eligible to receive benefits: ❑ At retirement only (also complete Scc ion B.) Definition of retirement: ❑ Sameas Section Vll.B. j ❑ Other m Ar sepamtion From scivicc with rhe following restrictions ® No restrictions ❑ Other i B. Termination prior to general benefit eligibility; In ease where the general benefit eligibilky as outlined in Section IX.A includes a retirement component, a Participant who separates from service of the Employer prior to retirement will be eligible To receive benefits: I m Immetliamly upon sepamtion fmm service ❑ Other C. A Participant that becomes totally and permanently disabled ❑ as defined by the Social Security Administration as defined by the Employer's primary retirement plan i ❑ other will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shill become payable as outlined in Section XI. X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist of: ® tMI Medical Expenses eligible under IRC Section 213' otter than (i) direct longterm care expenses. and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). ❑ The following Medical Expenses eligible under IRC Section 213' ocher than (i) direct longterm care expemes, and (ii) expenses For medicines or drugs which are nor prescribed drugs (other than insulin). Select only die expenses you wish to 4 cover under the VantageCare Retirement Health Savings Plan: j ❑ 4lediml Insurance Premiums ❑ Mediml Our -of -Pucker Expenses' I ❑ \dedictre Part B Insurance Premiums ❑ Medicare Parr D Insurance Premiums I 25E-95 ❑ Alediasre Supplemental Insurance Premiums ❑ Prescription Drug Insurance Premiums ❑ .COBRA Insurance Premiums ❑ Dental Insurance Premiums ❑ Denral Our -of -Pocket Expenses' ❑ Vision Insurance Premiums ❑ Vision Out -of -Pocket Expenses' ❑ Qualified Long -Term Care Insurance Premiums ❑ Non -Prescription medications allowed under IRS guidance' ❑ Other qualifying medical expenses (describe)` 'see Section Vel. fora drrcnnion ofoandirrrinunatiwr rider Urdu) rraj appy to non -collectively bargained, n!f_Grrored plan. XI. Benefits After the Death of the Participant In the event of a Participant's death, the followingshill apply: A. Surviving Spouse anchor Surviving Dependents The surviving spouse and/or surviving eligible dependents (as defined in Section :GILD] of the deceased Participant ate Immediately eligible to maintain the account and utilize it to find eligible medical benefit specified in Section X above. Upon nodficatfon of a Participant's death, the Participant's account balance will be transferred into Dreyfus Cash sbfanagemenr fund' (or another fund selected by the Employer). The account balance may he reallocated by the survivingspouse or dependents. A,, invatnnnt in the Drv;fiu Cirri; rslanagmrnr none;, inarkerfurid ii nor inrnnd ogrramnital byte Feder I Deparir Innrrmre Corporation oraty other wcenrmeor agency. Although de fiord ieekr to prerace the cadre afyour investment at SL 00 purbare, it it terrible N Ione money by inverting in rbefund Ir, rmtand... Id n nrido rhe inunrnma objectives, risks, Anger, and espenitr oftbefrad rarrfuly before invaiiiig. Ynu unq Quit m at wwty.innartmg arra!/ R00-669-yt00 ro obn+in n proipnnu di tr ronrainr 16ir.nrAorbrr hifunnatian nbu:a rbejuna. Raid the proiperrrn rorefidly before investing. If a Participants account balance has not been fully utilized upon the death of the eligible spuust, theaccount balance may coutinuc to be utilized to pay benefits of eligible dependents. Upon dse death oral[ eligible dcpcndcnts, the accounr will revert to the Plan to be applied as specified in Section Vlll. B. No Surviving Spouse or Surviving Dependents If there are no living spouse or dependents at the time of death of tine Participant, rite account will revert to the Plan to be applied as specified in Section V I 11. XII. The Plan will operate according to the following provisionst A. Employer Responsibilities L "Bic Employer will submit all VanngeCare Retirement Flealth Savings Plan contribution data via electronic submission. The Employer will submit all VantageCare Retirement Healtls Savings Plan Participant status updates or personal information updates via electronic submission. Ibis includes but is not limited to termination notifintion and benefit eligibility notification. B. Participant account administration and asset-based fees will be paid risrough the redemption of Participant account shares, unless agreed upon otherwise in rile Administrative Services Agreamem. 25E-96 C. Assignment of benefits is not permitted. Benefits will be paid only In the Ilarricipanr, Itisther Survivors, the Employer, or an insurance provider (as allowed by the claims administrator). payments to an third -parry payee (e.g., medical service provider) are not permitted with cite exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator). D. An eligible dependent is (a) cite Participant's lawful spouse, (b) the Participants child under the age of 27, as definctl by IRC Section 152(0(1) and Internal Revenue Service Notice 2010-38, or (c) any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004-79. E. the Employer will be responsible for withholding, reporting and remitting any applicable taxes for payments which am rimmed to be diseriminarory under IRC Section 105(h), as ourlined in cite VancageCare Retirement Health Savings flan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it understands chat failure to properly fill out this Employer VanageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of ax excnaptian of the Trust and/or loss of tax-deferred status for Employer contributions. B. ❑ Check this box if you are including supporting documents that include plan provisions. EMPLOYER SIGNATURE By:_(y7-l�tnG� 1" l `-� Title, Executive Director, Personnel Services Attest;_"/ / \ 6'iMlL 2- J IV[' f Title: Clerk of the Council Accepted: VA. iTAGEPOINT TRANSFER AGENTS, LLC v..�a� Assistant, ecrerarv, ICNLI RC PPR 0 FORM Jose San o enior Assistant City Attorney Date: �5/aO/ � s Date: 5- Ze2�/r�r%/� CLF.S(K OF E COUNCIL 25E-97 SUGGESTED AFFIRMATIVE STATEMENT FOR ADOPTION OF THE VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN Plan Number: 8 03551 Namc oFlimploycr. City of Santa Ana Affirmative Statement of the above-named Employer (the "Employer"): WHEREAS, the Employer has employees rendering valuable services; and snuc, California WHEREAS, the establishment of a retiree health savings plan serves the interests oFthc Employer by enabling it to provide reasonable security regarding such employees' health needs during retirement. by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined char the establishment of the retiree health savings plan (the "Plan") serves the above objectives; NOW TH EREFORE, as a duly authorized agent of the Employer, I hereby: ESTABLISH the Employer's Plan in the form of the ICMA Retirement Corporation's VantageCarc Retirement Health Savings program; and SPECIFY than the assets of the Plan shall be held in trust, wirh the following entity or individual serving as trustee (Selecr one): 0 the Employer ❑ the following position within the Employer. ❑ the following group or committee within the Employer. ❑ the following rhird-parry trusree: f iwn vtv meind";duat 3vMnp nuaml lie"t;VwPm cw,miun xdvps uw,R7 Gnrnmn¢ar,M,d.ya,m niuue7 for the exclusive benefit of the Plan participants and their survivors, and die assets of the plan shall not be diverted to any other purpose prior to the satisfaction oral) liabilities of the Plan. The Employer has executed the Declaration of vast oFthe City of Santa Ana Integral Part Trust in the form oF. (Selecr one) IZI The model trust made available by the ICMA Retirement Corporation ❑ The trust provided by the Employer (executed copy attached hereto). SPECIFYrharthe Personnel Services/Employee Benefits Department shall be the coordinator and contact for the Plan and shall receive neecssery reports, notices, etc DATE: FEB 0 5 2015 ATTEST i�GL�^RlLI�S�r� ARIA D HUIZAR /J CLERK OF THE CO CIL City Manager Tide of Designated Agent Signature 25E-98 g5 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS( PLAN ADOPTION AGREEMENT Plan Number: 8 03551 Sclect as appliablr. ❑ Srandalone RHS ❑ lntegmted RHS ❑ Amendment to Existing Plan [Z] Nesv Plan (sec NOTE below) NOTE: (For existing employers only): Check here Q if you want ICViA-RC to use existing plan contact information for this nesv plan setup. Otherwise, if contact information has changed, please complete and return the Implementation Data Form found on pg. 11.31 along with the adoption materials. Employer Retirement Health Savings Plan Name. I. Employer Name: Cityof Santa Ana Stat, California 11. The Employer herebyattests that it is a unit of a state or local government or an agency or instrumentality of one or more units of a state or local government. . III. Effective Date of the Plan: 01/2012015 IV. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the followingwelfare benefit Plan(s) established by the Employer. cyGsania nna metaee wesare ea+efiu roan V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups Tlae following group or groups of Employees arc eligible to participate in she VantagcCarc Retirement Health Savings Plan (check all applicable boxes): ❑ All Employees ❑ All Full --•lime Employees ❑ Non -Union Employees ❑ Public Safety Employees— Police ❑ Public Safety Employees— Firefighters ❑ General Employees ❑ Collectively-Ilargained Employees (Specify unit(s)) ® Other (specify group(s)) Clerk of the Council, Chief of Police and Unrepresented Executive Management 'lhe Employee group(s) specified must correspond to a gmup(s) of the same designation that is defined in the starutes, ordinances, rules, reGulations, personnel manuals or other documents or provisions in effect in the stare or locality of the Employer. B. Participation Alandatoty Participation: All Employees in the covered group(s) arc required to participate in the Plan and shall receive contributions pursuant to Section VI. If the Employers underlying welfare benclic plan at funding under this \':uuageCl re Re[irca nt Hcalth Savings Plan is in whale or Pasta non-collcetively bargained. self•incured plan, the nondiscrimination requirements of Internal Revenue Code (IRC) Swinn 10500 [rill apply. Hese rules may impose taxation on the benefits received by highly compennred individuals ifthe PLm diseriminans in !carat of highly cmnprns;med individuals iu terms oFcligibilicyor benefi�s.'[be Emplpyct zbonld discuss [hese rules with appropriate counsel. C. Participant Eligibility Requirements I. Minimum service The minimum period of service required for participarion is N/A (write NIA if no minimum service is required). 2. Minimum age: •Ilne minimum age required for eligibility to participate is NIA (avrire NA if no minimum age is required). �. 25E-99 VL Contribution Sources and Amounts A. Definition of Earnings The definition of L'arnings will apply to all RHS Contribution Peatunns that reference "Earnings". including Direct Employer Contributions (Section VI.B.1.) and Mandatory Employee Compensation Contributions (Section VI.B.2.). Definition of earnings: As defined by Resolution 2015-01. B. Direct Employer Contributions and Mandatory Contributions 1. Dircct Employer Comributions ILe Entploycr shall contribute on bebalr of each participant ❑ %ofEernings Cl S each Plan Year ❑ A discretionary amount to be determined each Plan Year El Other (describe): A one-time contribution as a conversion from the existing Medical Retirement Subsidy Plan. 2. Mandatory Employte Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: ® Reduction in Salary - 125 % of Earnings or 5 will be contributed for the Plan Year. ❑ Decreased Merit or Pay Plan Adjustment -All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rare of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contributions The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): m Accrued Sick Leave 100% of sick leave cash out ❑ Accrued Vacation Leave 0 Other (specify type of leave) Accrued Must Use Leave Unused Lontimityand RegularVaralion designated as Must Use leave as of 0ecember31st each year. The maximum allowable Must Use time contributed cannot exceed the allowable cash out applicable for that Fiscal Yearandlor Calendar Year. An Employee shall not have the right to discontinue or vary the rare of mandatory leave contributions. C. Limits on Total Contributions (check one box) ' lie total contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall nor exceed the following limits) below. Limits on individual contribution types arc defined within due appropriate section above. 25E-100 ® Tlicre is no Plan -defined limit on the percentage or dollar amount of earnings that may be contributed. ❑ %ofearnings' 'Dclinitionofearnings: ❑ Same as Section VLA.. ❑ Other ❑ $ for the Plan year. See Section V.B. fora discussion of nondiscrimination rules that may apply to roti-collcerivcly ba gained self-insured Plum. VII. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) ® Tlic account is 100% vested at all times. ❑ The following vesting schedule shall apply to Direct Employer Contributions as outlined in Section VI.B.1.: Years ofScrvicc Vesting Completed Percentage ob n� ob _oro °/u B. The account will become 100%vested upon the death, disability, retirement*, or attainment of benefit eligibility (as outlined in Section IN by a Participant. 'Definition of retirement includes a separation from service eomponeut and is further defined by (check one): ❑ The primary retirement plan of rhe Employer ❑ Separarion from service ❑ Other C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall trot count toward the vesting schedule outlined in A above. VIII. Forfeiture Provisions Upon separation from the service of the Employer prior to attainment of benefit eligibility (as outlined in Section IX), or upon reversion to the Trust of Participant's account assets remaining upon the participant's death (as outlined in Section XI), a Participant's non -rested funds shall (check one box): ❑ Remain in the T ru.sr to be reallocated among all remaining Employees participating in the Plan as Direct Employer Contributions for the next and succeeding eon[ributiou evcle(a). 1n Remain in the Trusr to be reallocated on an equal dollar basis among all Plan Participants. ❑ Remain in the Irusr to be reallocated among all Plan Participants based upon Parricipam account balances. ❑ Revert to the Eniplover. ,t 25E-101 EX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: ❑ At retirement only (also complete Section B.) Definition of retirement: ❑ Sameas Section Vll.B. ❑ Other ❑ At separation from service with the following restrictions ® NO restrictions ❑ Other B. Termination prior to general benefit eligibility: In case whcrc rhe gencml bencfir eligibility a% onrlined in Section IKA includes a retirement component, a Participant who separates from service of the Employer prior to retirement will be eligible to receive benefits: m Immediately upon separation from service ❑ Other C. A Participant that becomes totally and permanently disabled ❑ as defined by the Social SecurityAdministration ® u defined by the Employer's primary retircmcnt plan ❑ other _ will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI. X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist of: ® All Medical Expenses eligible under IRC Section 213' other than (i) direct long-term care expenses, and (ii) expenses for mcdicincq or drugs which are not prescribed drugs (other than insulin). ❑ 'Ihe following Nledical Expenses eligible under IRC Section 213` other than (I) direct long -terra care expenses, and (ii) expenses for medicines or drugs which arc not prescribed drugs (other than insulin). Select only the expenses you wish to cover under the V;mtageCam Retirement Health Savings Plan: ❑ Medical Insurance: Premiums ❑ Medical Oto -of -Pocket Expenses, ❑ Medicare Part B Insurance Premiums ❑ Medicare Part D Insurance Premiums al 25E-102 ❑ Medimm Supplemental Insurance Premiums ❑ Prescription Drug Insurance Premiums ❑ COBRA Insurance Premiums ❑ Dental Insurance Premiums ❑ Dental Out -of -Pocket Expenses' ❑ %ision Insurance Premiums ❑ Vision Out -of -Pocket Expenses' ❑ Qualified LonS'term Care Insurance Premiums ❑ Non -Prescription medications allowed under IRS guidance' ❑ Other qualifi-ing medical ctpettses (describe)' See Src ion V.A. for a.dimrrdon of nonditrrintination rola which may apply to non-colleainely bargainer!, self-insured Placer. XI. Benefits After the Death of the Participant In the event of a Participant's death, the fallo%ing shall apply: A. Surviving Spouse and/or Surviving Dependents 71te surviving spouse and/orsuniving eligible dcpendena (as defined in Section XILD.) of dm deec.acd Participant are immediately eligible to maintain the account and utilize it m fund eligible medical benefits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will he transferred into Dreyfus Cash Management fund' (or another fund selected by the Employer). The account balance may he reallocated by the surviving spouse or dependents. An nrunnnrar in for Drryfw Caib Ahnnngrrnent money marker fund it notimnrtd orgrmrrrnrnel Ly the /'rdtral Deporit Imurrrocr Corporation or any uthergoventmtntagarry. A[though thef..id saki to prrsr a ile talar of your invrmnrrrr at Sl.00 prr rl7are, iris pmtible ro !we worry Lr invr+ring in the fisad. /nuatorr+Lordd rauida die imrrnnna uLjrrriro, rN, rher m and cvpn+srr ofrhr find nrrtfid�• Ltfore iovrnnrg. Yon nary nide ru ret wrmu.innerraorg or ra11800-669-7400 ro ahmiu n prorpram rL,tr rmrmiru rbinmd othn infornmtimr nLmrr thelineal. Rend duprmpanrsmrcfi ity Lrforrintoning. If a Participants account balance has not been fully utilized upon the death of die eligible spoine, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert to the Plan to be applied as specified in Section Vlll. B. No Surviving Spouse or Surviving Dependents M If thele are no living spouse or dependents at the time of death of the Participant, the account will revert to the Plan to be applied as specified in Section VIII. XII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1, the [anployerw•ill submit all VanrageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VantageCare Retirement Health Savings Plan Participant status updates or personal information updates via electronic sub mission. This includes but is not limited to termination no[ificadon and benefit eligibility notification. B. Participant account administration and asset-based fees will be paid through the redemption of Participantaccount shares. unless agreed upon otherwise in the Administrative Services Agreement. is 25E-103 C. Assign mcnr of benefits is no[ permitted. Benefits will be paid only to the Participant, his/her Survivors, the Employer, or an insurance provider (as allowed by the claims administrator). Payments to an third -party payee (e.g., medical service provider) are not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator). D. An eligible dependent is (a) the Participant's lawhil spouse, (b) the Parricipant:s child under the age of27. as dfi, by IRC Section 152(f)(1) and Interna( Revenue Service Notice 2010-33, or (e) arty other individual who is a person rn described in IRC Section 152(x), as clarified by internal Revenue Servicc Notice 2004-79. E. -Ihe Employer will be responsible For withholding, reporting and remitting any applicable taxes for payments which are deemed to be discriminatory under IRC Section 105(h), as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it understands that failure to properly fill our this Employer Van[agcCarc Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the -frust and/or loss of rax -deferred status for Employer contributions. B, Q Checl:_this box ifyou are including supporting documents that include plan provisions. By: IFn!7�( R'E By: �JJ// Date: Title: City Manager Clerk of the Council FEB 0 5 2015 Accepted: VANTAGEPOINTTRANSFER AGENTS, LLC APPROVED AS TO FORM !� t,•t LISA E. STORCK L d L.W`i%y Assistant City Attorney g Assistant ecretary, ICMA-RC 25E-104 ATTEST: It[f'y//�' ^^/ MARIAD HUIZA C( ERK OF THE COUNCIL FEB 0 5 2015 �0 Plan # 803550 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the�t��l�day of I a vi Dlct Y Y 20 (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("ICMA-RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Santa Ana ("Employer") a local governmental instrumentality organized and existing under the laws of the State of California with an office at 20 Civic Center Plaza, Santa Ana, California 92702. RECITALS Employer acts as a public plan sponsor for a retiree health plan with responsibility to obtain investment alternatives and services for employees participating in that plan; Employer desires to make the VantageCare Retirement Health Savings Plan ("RHS Plan" or "Plan") provided by ICMA-RC available to its employees; ICMA-RC makes available The Vantagepoint Funds, a no-load, diversified mutual fund, for investment of public employer plan assets, including RHS Plan assets; ICMA-RC provides a complete offering of services to public employers for the operation of employee retirement and retiree health savings plans including, but not limited to, communications concerning investment alternatives, account maintenance, account record- keeping, investment and tax reporting, form processing, benefit disbursement and asset management. AGREEMENTS Acceptance of RHS Plan Employer agrees to make the RHS Plan provided by ICMA-RC available to its employees. The details of the RHS Plan shall be as mutually agreed between the Employer and ICMA-RC, and in general shall be as set forth in the RHS Plan materials developed by ICMA-RC and provided to Employer. The RHS Plan materials are hereby incorporated by reference and made a part of this Agreement, except that Employer and ICMA-RC may from time to time mutually agree in writing to terms that vary from the RHS Plan materials. RHS plan materials shall include the VanlageCare RHS Employer Nfanual, available electronically through the EZ Link System upon plan adoption. The functions to be performed by ICMA-RC and its agents include: (a) allocation in accordance with participant direction of individual accounts to investment finds ("Funds") made available to Plan participants; (b) maintenance of individual accounts for participants reflecting amounts contributed -2- 5 25E-105 Plan # 803550 income, gain, or loss credited, and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan; and (f) performance of tax withholding and reporting in conjunction with the Employer for each RHS account. 2. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities with respect to the Plan, including information needed to allocate individual participant accounts to Funds, and information as to the benefit eligibility and employment status of participants, and participants' ages, addresses, dependents, spouses I and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a j responsible official of the Employer or any information relating to an individual participant, spouse or dependent that is furnished by such participant, spouse or dependent, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. ICMA-RC Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) ICMA-RC is an investment adviser registered as such with the Securities and Exchange j Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC I Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker-dealer with the Securities and Exchange Commission (SEC) and is a member in good standing of the Financial Industry Regulatory Authority (FINRA). j I 3- q 25E-106 Plan tt 803550 4. Employer Representations and Warranties Employer represents and warrants to ICMA-RC that (a) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with fill power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (b) Information required to be retained by the Employer shall be set forth in the RHS plan materials developed by ICMA-RC and provided to.the Employer. (c) Employer is responsible for determining that there are no state or local laws that would prohibit it from establishing ICMA-RC's VantageCare RHS program. Employer is also responsible for determining that the investments selected for the RHS plan fall within state or local requirements. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. (d) Employer acknowledges that the RHS plan may be treated as a "health plan" for Health Insurance Portability and Accountability Act ("HIPAA") purposes and therefore may be subject to HIPAA privacy rules. If it is determined that the RHS plan is considered a "health plan", an employer sponsoring RHS would be responsible for complying with the HIPAA privacy and security rules regarding protected health information of RHS plan participants. (e) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan's investment options. Employer shall have exclusive responsibility for the selection and retention of the Plan's investment options, including the selection of the applicable mutual fund share class. 5. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to a medical child support order. Unless Employer notifies ICMA-RC otherwise, Employer authorizes ICMA-RC to determine whether disbursement of Oil 25E-107 Plan # 303550 benefits to a spouse or child pursuant to a medical child support order is appropriate. Compensation and Payment (a) Absent an explicit agreement to the contrary between ICMA-RC and Employer, participant fees and expenses shall be payable from RHS assets, in accordance with the requirements of the RHS Plan as set forth below. (i) An annual asset fee of 0.40% (40 basis points) will be charged on a quarterly basis, based on the balance in the account on the last day of the previous quarter. In addition to the annual asset fee, a $25 annual account administration fee will be charged quarterly to each Accountholder's account. Account administration fees are subject to change with appropriate prior notification. (b) Annual account administration fees are subject to change with appropriate prior notification. (c) Compensation for Advisory and other Services to The Vantagepoint Funds. Employer acknowledges that certain wholly-owned subsidiaries of ICMA-RC receive compensation from The Vantagepoint Funds for advisory and other services furnished to The Vantagepoint Funds. The fees referred to in this subsection are disclosed in The Vantagepoint Funds Prospectus and Statement of Additional Information. Contribution Remittance Employer understands that amounts contributed to the RHS plan are to be remitted directly to Vantagepoint Transfer Agents in accordance with instructions provided to Employer in the RHS plan materials and are not to be remitted to the ICMA Retirement Trust or ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred, ICMA-RC will return it to Employer with proper instructions. Responsibility (a) ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan, or related Trust, other than ICMA-RC in connection with the administration or operation of the Plan. (b) The Employer understands that, as a general matter, the Internal Revenue Service ("IRS") may decline to rule on certain design features or provisions that the Employer may request to have added to the RHS plan materials. The Employer agrees to hold ICMA- RC harmless in connection with the addition and administration of any RHS plan feature or provision requested by the Employer for which the IRS will not provide express -5- 25E-108 Plan # 803550 interpretive guidance. 9. Indemnification Employer shall indemnify ICMA-RC against, and hold ICMA-RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct. 10. Term This Agreement shall be in effect for an initial term beginning on the Inception Date and ending 5 years after the Inception Date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. 11. Amendments and Adiustments (a) This Agreement may be amended by written instrument signed by the parties. (b) The parties agree that only an adjustment to compensation or administrative and operational services under this Agreement may be implemented by ICMA-RC through a proposal to the Employer via correspondence or the Employer Bulletin. The Employer will be given at least 60 days to review the proposal before the effective date of the adjustment. Such adjustment shall become effective unless, within the 60 day period before the effective date, the Employer notifies ICMA-RC in writing that it does not accept such adjustment, in which event the parties will negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. II. Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. M 25E-109 Plan # 503550 12. Complete Agreement This Agreement shall constitute the sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Governing Law This agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. APPROVED AS TO FORM LISA E. STORCK Assistant City Attorney ATTEST: eARIAD�HUIAR ZAR ,', , t CLERK OF THE COUNC L CITY OF SANTA ANA By: Print Name: Edward S."aya Title: Executive Director, Personnel Services INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION UM Angela C. Montez Assistant Corporate Secretary 7- 25E-110 EQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: DONATION AGREEMENT WITH ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) CITY AN GER RECOMMENDED ACTION 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 Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: 1. Heritage Museum of Orange County to support the Halloween Spooktacular, a free community event in celebration of Dia de Los Muertos, in the amount of $500 (Mayor Pulido); 2. Rainmaker Effect to support the Segerstrom High School Football Team with on-going services, in the amount of $2,500 (Councilmember Tinajero); 3. Heritage Museum of Orange County to support the Halloween Spooktacular, a free community event in celebration of Dia de Los Muertos, in the amount of $500 (Councilmember Tinajero). 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. This resolution and policy outlines 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. 29A-1 Donation Agreement with Organizations to Support Community Events and Programs September 5, 2017 Page 2 The donation agreements listed above are in response to the Donation Requests (Exhibits 1 & 2) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibit 3 & 4) will be executed. 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 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Mayor Pulido $ 500 Councilmember Tinajero $ 3,000 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �t Executive Director Finance and Management Services Agency EXHIBITS: 1-3. Donation Request Forms 3-5. Donation Agreements 29A-2 a City of Santa Ana — • : Donation Request n:nn}�rt� rnGwmaf inn. - City Manager's Office- M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 INam�— Kevin Cabrera itte: Exec. Director ddresa: 3101 W Harvard St pity, State, Zip: Santa Ana, Ca. 92704 Phone: 714-733-0709 SEPTEMBER 5, 2017 kcabrera@heritagemuseumoc.org Fax:—__^ Name: Heritage Museum of Orange County _ I Tax -Exempt Status: Is your organization a non -prom or puouc tax-exempt urgamzauuge.,_.—Select .One:—Ye"s I— -. No - lefined under Section 501(c)(3) of the Internal Revenue Code? I ✓ `--- — - If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, F Yes, staff time,rental rates for facilities or equipment, etc.). Costs for Cityservices vary and if i Tax ID 195-3665050 approved, credit may or may not cover full cost of requested City services. Services Credit II unt Requested: r ,t Payment Amount O Needed: Date: IOctober 27 (Event Time: 14 pm - 8 pm Location: I Heritage Museum of OC s, City, State, Zip 13101 W Harvard St, Santa Ana, CA. 92704 ption of Sugar skull class showing youth how to make and decorate sugar skulls as part I IPurpose: of Dia de Los Muertos, and Halloween Spooktacular on the museum property. (These event will be free to the community and we will be inviting SAUSD schools I Community Benefit to participate A iic nt Sl nature r t >` ` ' ' PP 9 <x t t ���ya �...v....r+ 0 1 / 1 Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza I Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Revised 01/05/2017 ,,{{ Donation Request#: I DR- i Council Meeting Date: SEPTEMBER 5, 2017 Refarence * on all related DPVs Y Eligibility et: YES I NO YES I Approved Amount: $500 City Manager Signature: ate: Revised 01/05/2017 29A-4 yaw., . City Managers Otrce-M-31 City of Santa Ana 20 Civic Center Plaza P.O. Box 1908 Donation Request _ Santa Ana, CA 92702 (714) 647.5200 114, le 17-7 f Jerry Witte -~— nla_ Head Football CDach �ddress: 12802 S. Flower - I�stata,2lp: Santa Ana, Ca. 92707-3935 lana,-: —1714.569.6300 sh5witte@yahoo.corrl ifmau.--- r_.._ Name: Rainmaker Effect 8632 Masters Drive Suite 1000, HunfingtonlBeach, EA 9264 Tax-Ex-mpt Status: Is your organteallon a non-pro01 ar public lax -exempt organization as select no: Brined under Section 501(c)(3) of the Internal Revenue Code? I f Yes ❑ No If No, you will only qualify fora credit for Cily-related costs for yourrequest (i.e. peand fees, ('-- fyes staff flow, rental rates forfacrlitiesatequipment, etc.).Costsfor Cityservieesvaryand if [47-4654535 approved, credit may ormay not coverfull cost orrequesled City services. ax ID 9: D e r Ito Credit Ie y Ser is atoDl Needed: ayorlCaunctlmamher, ASAP Tina)ero Amount Requested: �t nested: l" I �� tract Payment Amount 2 500 I _ __ vast Data Fall 2017 (Event Tlma: —J �- �_- reason I lRagJ-sled: Event Location: S StromHlgh School AddesACRY, State. II�p --—��— — I !Request support for the Segerstrom Football Team that will have a . Description of Event l purpose:. successful season providing health, fitness, and encouraging academics �gf all players and families. The season will promote communeride. Ir Community will benefit by having healthy youth that are healthy, strong, Com Community Benefit:_ are committed to their academics. IAPPllbant Slgpetura (Date 8-23 - 1,.av - 1 7; LLLLLL •krr v�+'.__. �._;_,� _ .' ..: s.•�,'-.�,..._.. '... - - ._.,, .,. .: 511 .-�t. n y Manager's Office -M-31 Email: donationrequest@santa-ana.arg Civic Center Plaza Fax: (714)647.6954O. n Box Igee nta Ana, CA 92702 -----•----- A ----`_--_—.—.__..�_._._--.— ,,�f....rl. Y f ri:�i^,d; �1"R .-✓T.,wvY't' ¢-ly ?^'.T-� ., �`--Y-..,-a:c_�_'.S-if .+->-1P; ;1511_: bo,feyonco a an Raquost}k DR Council Meeting Date AUGUST 15, 2017 '•Fa Y, mr aft raW.ed OPV- I I Eligibility Mot: � YES f NO YES �-•�-------'--T____----� _-- ---- Approval Amount: $500 -_.._.._.. �i_-.-----.__-_._-_-' City Manager Signature: .I Dale: _1 Revised 01105/2017 29J(yI -5 29A-6 City Manager's Office — M-31 City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Donation Request Santa Ana, CA 92702 (714) 647.5200 INamI Kevin Cabrera itle: Exec. Director lAddress: 3101 W Harvard St _ Baty, state, zip: IsantaAna, Ca. 92704 _ Fhonl e: 1714-733-0709 —� 1Email: kcabrera@heritagemuseumoc.org Fa—x: MMiationAnforritatl a Name: Heritage Museum of Orange County mpt Status: Is your organization a non-profit or public tax-exempt organization as elect-OOne CC�e? Yes —�f7o 3ef Section 66�(cj�3 o e nternal Revenue u will only qualify for a credit for City -related costs for your request (i.e. permit fees, f Yes s, rtafftime,rental rates for facilities or equipment, etc.).Costs for City servicesvary andA ' , credit may or may not cover full cost of requested City services. 195-3665050 INNam• / __ �4mCity Services _ es Credit I Dated Needed. ount Requested: i October 6 ayorlCouncilmember: Tinajero I Direct Payment Amount $50�- O ;Eventry Data: October 27 Event Time: I4 �jm — Fi iii iRequested I i vent Location: Heritage Museum of OC [Addmss,City, State, Zip 3101 W Harvard St, Santa Ana, CA. 92704 Description of arskull class showing youth how to make and decorate sugar skulls as part ia de Los Muertos, and Halloween Spooktacular on the museum property. rof Event I Purpose: These event will be free to the community and we will be inviting SAUSD schools I Fommunity Benefit: to participate. Appi lit, ant signature ; �— I Dat f( $ =Plated / Mail: City Manager's Off ice—M-31 IEmai� donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 I Santa Ana, CA 92702 Donation Request#: Reference a on eU related DPW DR- I Councll Meeting Date: SEPTEMBER 5, 2017 Eligibility Met YES f NO YES Approved Amount $500 Cky Manager Signature: Data: Revised 01/05/201 29X— 29A-8 CITY OF SANTA ANA DONATION AGREEMENT WITH HERITAGE MUSEUM OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 5, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE MUSEUM OF ORANGE COUNTY, 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 PROVIDING YOUTH WITH A SUGAR SKULL CLASS AS PART OF THE DIA DE LOS MUERTOS AND HALLOWEEN SPOOKTACULAR EVENT SCHEDULED TO OCCUR OCTOBER 27, 2017 AT THE HERITAGE MUSEUM OF ORANGE COUNTY ("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 PULIDO, believes there is a public purpose in supporting the Community Benefit because it will provide A FREE COMMUNITY ACTIVITY . THAT PROMOTES POSITIVITY, A CULTURAL EXPERIENCE, and EMPHASIZES COMMUNITY 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. TERNis AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), 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 Rill 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. Exhibit 4 29A-9 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiords 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 tratuna 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 comiection 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. Exhibit 4 29A-10 RECOMMENDED FOR APPROVAL By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA M Attest: 12 Cynthia Kurtz Interim City Manager Maria D. Huizar Clerk of the Council Approved as to Form: By: g4w lILL , T,,J J6k. M. Funk Assistant City Attorney HERITAGE MUSEUM OF ORANGE COUNTY, a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name Title Exhibit 4 29A-11 29A-12 CITY OF SANTA ANA DONATION AGREEMENT WITH RAINLVIAIER EFFECT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 5, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and RAINMAKER EFFECT, a California 501(e)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 PROVIDING SUPPORT FOR ON-GOING SERVICES TO THE SEGERSTROM HIGH SCHOOL FOOTBALL TEAM, WHICH PROMOTES HEALTH, FITNESS AND ACADEMICS. ("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 TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will provide YOUTH AND FAMILIES WITH A SENSE OF COMMUNITY PRIDE, FITNESS, HEALTH. 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 TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500), 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%) 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 Exhibit 5 29A-13 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 Cfty. 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 harniless 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, oinissions, 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. Exhibit 5 29A-14 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA By: Robert C. Cortez By: Deputy City Manager City Manager's Office Attest: Cynthia Kurtz Interim City Manager Maria D. Huizar Cleric of the Council Approved as to Form: By: kk: Funk Assistant City Attorney RAINMAKER EFFECT, a 501(c)3 NON- PROFIT ORGANIZATION By: Signature Name Title Exhibit 5 29A-15 29A-16 CITY OF SANTA ANA DONATION AGREEMENT WITH HERITAGE MUSEUM OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 5, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE MUSEUM OF ORANGE COUNTY, a California 501(e)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 PROVIDING YOUTH WITH A SUGAR SKULL CLASS AS PART OF THE DIA DE LOS MUERTOS AND HALLOWEEN SPOOKTACULAR EVENT SCHEDULED TO OCCUR OCTOBER 27, 2017 AT THE HERITAGE MUSEUM OF ORANGE COUNTY ("Cormnunity 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 TINAJERO, believes there is a public purpose in supporting the Community Benefit because it PROVIDES A FREE COMMUNITY ACTIVITY THAT PROMOTES POSITIVITY, A CULTURAL EXPERIENCE, and EMPHASIZES COMMUNITY 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 FIVE HUNDRED DOLLARS ($500), 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 Tenn 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 tenninate 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 indermification provisions of this Agreement shall survive any expiration or termination of this Agreement. Exhibit 6 29A-17 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 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. Exhibit 6 29A-18 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA 0 Robert C. Cortez By: Deputy City Manager Cynthia Kurtz City Manager's Office Interim City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: U rf/in ✓- ��w�/` J M. Funk Assistant City Attorney HERITAGE MUSEUM OF ORANGE COUNTY, a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name Title Exhibit 6 29A-19 29A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 TITLE: PUBLIC HEARING —ZONING ORDINANCE AMENDMENT NO. 2016-03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NO. CITY N16PAGgk RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Zoning Ordinance Amendment No. 2016-03. PLANNING COMMISSION ACTION At its regular meeting on March 13, 2017, the Planning Commission recommended that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2016-03 to amend various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) pertaining to two-family residences, site plan review, development project approval, off-street parking and other administrative items. The Planning Commission recommended adoption of the proposed zoning ordinance amendments as shown in the attached staff report (Exhibit A). DESCRIPTION Staff is proposing to amend several sections of Chapter 41 of the SAMC to streamline certain permit processes, clarify and revise certain standards, comply with changes in state and federal laws, and respond to current economic trends. The following provides a brief summary of the recommended solutions to the ten key areas of concerns identified by the Planning Division Staff and the public: Wireless Facilities Sec. 41-198.13 - Currently, conditional use permits for wireless facilities are valid for five years. The amendment increases the time period to ten years in order to be in compliance with determinations made by the Federal Communication Commission (FCC). This action will also reduce unnecessary processing time to the wireless industry. 75A-1 Zoning Ordinance Amendment No. 2016-03 — Amending Certain Sections of Chapter 41 of the Santa Ana Municipal Code September 5, 2017 Page 2 2. Two -Family Residence (R-2) Section 41-246 - In the R-2 zoning district, single-family residences are permitted by right, subject to compliance with the General Agricultural (A-1) developments standards. In other districts, single-family homes must meet the Single Family Residence (R-1) district standards. The amendment will provide equity in applying development standards to single family residences. Further, the amendment changes standards for single family -homes in the R-2 zoning district from A-1 to R-1 in order to provide consistent development standards for single-family residences in all residential zones. 3. Specific Development (SD) Site Plan Review Sec. 41-593.4 and 41-593.5 - Site plan review approval by the Planning Commission is required for development projects proposed within any specific development (SD) district. The proposed amendment will allow future changes to projects within a SD zone to be approved by staff instead of the Planning Commission. This section will streamline the development process by eliminating the discretionary review of these applications. Approval will result in a time savings of at least thirty days, allowing development to occur in a timely manner. 4. Minor Exceptions for Parking Sec. 41-638.1- Minor Exceptions to allow reductions in parking are limited to shared parking proposals, non-integrated parking, and tandem parking subject to review and approval by the Zoning Administrator. The proposed amendment will give the Planning Manager authority to approve or disapprove minor exceptions, as defined in the Code, for parking. This action will facilitate the development process by eliminating the discretionary review of minor parking reductions. In addition, this amendment will reduce the time required to navigate through the development process by eliminating the need for a public hearing. Since the parking standards are clearly outlined in the code, the Planning Manager can easily and quickly address parking issues. 5. Planning Commission Approval Authority of Discretionary Actions Sec. 41-639 - The Planning Commission holds public hearings and makes a determination to approve or deny variances, conditional use permits and minor exceptions. Decisions made by the Planning Commission are then placed on the City Council's consent calendar for confirmation. The proposed change will streamline the development process by making all decisions made by the Planning Commission final, unless specifically called up to the Council. Council members would receive the Planning Commission determination the day after the commission meeting and would have seven days to notify the City Clerk if they intend to reconsider the item for further action. Approval of this change is also an effort to streamline the development process. If approved, this amendment will expedite the issuance of building permits by as much as three weeks. 6. Review of Decision of Planning Commission by City Council Sec. 41-642 — To reflect the changes to Section 41-639, this section was revised to include a reference to the timeframe for a City Council appeal included in Section 41-645(b). 75A-2 Zoning Ordinance Amendment No. 2016-03 — Amending Certain Sections of Chapter 41 of the Santa Ana Municipal Code September 5, 2017 Page 3 7. Appeals from Decisions of Planning Commission and/or Zoning Administrator 41-645(b) — To reflect the changes to Section 41-639, this section was revised to include the date that a project will become effective. 8. Development Project Plan Approval Sec. 41-668 and Sec. 41-669 - Development project review is required for the construction of any new building or buildings, or additions to any existing building or buildings, of 500 square feet or more, or if the cost exceeds $50,000. The amendment increases the threshold from 500 square feet to 2,500 square feet, which will substantially expedite the development process for smaller projects and reduce the cost for development processing. Projects less than 2,500 square feet in size will be entitled quicker since site plan review will not be required, thereby saving 5 to 10 weeks of processing time. 9. Change of Use Exception Sec. 41-1309 and 41-1309.1 - The proposed change of use exception will allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking. Additionally, this proposal will allow properties listed on the historic register or within a historic district the ability to change uses without providing parking. Since parking is available within city -owned parking structures or on street metered parking, this change will have minimal impact to these buildings. The business friendly action will expedite the occupancy of vacant tenant spaces by eliminating the need to obtain discretionary approval by the Zoning Administrator or Planning Commission. This action will also allow the flexibility to replace tenants in existing shopping center or freestanding buildings, which will increase revenue to the City by allowing tenant spaces to be occupied in a more timely manner. 10.Parking Standards Sec. 41-1341 thru 1411 - The current parking standards are outdated, inconsistent with similar size cities in the region and do not reflect the urbanization of Santa Ana. This proposed adjustment ensures that parking standards will meet the parking needs of the project, will not create neighborhood parking problems and will become an economic engine for development. Reasonable parking standards can be used as a positive incentive to attract development to the city. Uses Existing Requirement in spaces per 1,000 sf of floor area Proposed Requirement ins aces per 1,000 sf of floor area) Restaurant 10 spaces 8 spaces Medical Office 6 spaces 5 spaces Exercise Gyms 35 spaces 5.5 spaces Churches 28.5 spaces 20 spaces STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, 75A-3 Zoning Ordinance Amendment No. 2016-03 — Amending Certain Sections of Chapter 41 of the Santa Ana Municipal Code September 5, 2017 Page 4 Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT Based on a trend over a period of five years, and a preliminary staff analysis, the amendment to increase the site plan review threshold from 500 square feet to 2,500 square feet would potentially decrease revenues to the City of Santa Ana. The annual potential' decrease is estimated to be $61,300, the corresponding impact is as follows: • $55,200 - Development Project Account (No. 01116002-53616) • $ 6,100 - Categorical Exemption Account (No. 01116002-53607) Candida Neal, AICD Acting Executive Director Planning & Building Agency AN:rb S: RFCA\09-05-171ZOA2016-03.9-5-17.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: A. Planning Commission Staff Report B. Ordinance 75A-4 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MARCH 13, 2017 TITLE: PUBLIC HEARING — FILED BY THE CITY OF SANTA ANA FOR ZONING ORDINANCE AMENDMENT NO. 2016-03 TO AMEND CERTAIN SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE (STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin-An Ni PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO -21 ExecutivenDirector ,'`,',�— Planning Mary ger RECOMMENDED ACTION Recommend that the City Council adopt an. ordinance approving Zoning Ordinance Amendment No. 2016-03 to revise certain sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC). Request of the Applicant Staff is proposing to amend several sections of Chapter 41 of the SAMC to streamline certain permit processes, clarify and revise certain standards, comply with changes in state and federal laws, and respond to current economic trends. Specifically, staff is requesting amendments to Chapter 41 including Section 41-198.13 (wireless facilities), Section 41-246 (R-21Two-Family Residence), Section 41-593.4 and 41-593.5 (Specific Development/SD site plan review), Section 41-638.1 (minor exception), Section 41-639 (Planning Commission to make findings of fact), Sections 41-668 through 41-669 (development project approval), and Sections 41-1309 through 41-1411 (parking standards). Background Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high-quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, predictable, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. EXHIBIT A 75A-5 Zoning Ordinance Amendment No. 2016-03 March 13, 2017 Page 2 Proiect Analysis Staff is proposing several amendments to Chapter 41 of the SAMC. The amendments identified below are the first of several amendments that will be made to the Code until the General Plan update is completed and a comprehensive Zoning Code update commences. The following sub -sections detail the proposed modifications to the Zoning Code. The following provides a brief summary of the recommended solutions to the eight key areas of concerns identified by the Planning Division staff and the public: Wireless Facilities Sec. 41-198.13. — T The current City wireless ordinance requires a conditional use permit for majoCW0less facilities that is valid for a period of five years. The proposed amendment will increase the -time period from five years to 10 years to be in compliance with determinations made -by- the Federal Communication Commission (FCC). 2. Two -Family Residence (R-2) Section 41-246. In the Two -Family Residence zoning district, single-family residences are permitted by right, subject to compliance with the General Agricultural (A-1) developments standards. In other districts, single-family homes must meet the R-1 (Single -Family Residence) district standards. The proposed amendment will change standards for single family -homes in the R-2 zoning district from A-1 (General Agricultural) to R-1 (Single -Family Residence) in order to provide consistent development standards for single-family residences in various residential zones. 3. Specific Development (SD) Site Plan Review Sec. 41-593.4 Site plan review approval by the Planning Commission is required for development projects proposed within any specific development (SD) district. The proposed amendment will allow future changes to projects with an SD zone to be approved by staff (consistent with the intent of the SD zone) instead of the Planning Commission. 4. Minor Exceptions for Parking Sec. 41-593.5. Minor Exceptions to allow reductions in parking are limited to shared parking proposals, non- integrated parking, and tandem parking subject to review and approval by the Zoning Administrator. The proposed amendment will give the Planning Manager authority to approve or disapprove minor exceptions, as defined in the Code, for parking. 75A-6 Zoning Ordinance Amendment No. 2016-03 March 13, 2017 Page 3 5. Planning Commission Approval Authority on Discretionary Actions Sec. 41-638.1. and Sec. 41-639. The Planning Commission holds public hearings and makes a determination to approve or deny variances, conditional use permits and minor exceptions. Decisions made by the Planning Commission are then placed on the City Council's consent calendar for confirmation. The proposed change will streamline the development process by making all decisions made by the Planning Commission final. Parties aggrieved by the Planning Commission's determination will have the ability to appeal the decision to the City Council. 6. Development Project Plan Approval Sec. 41-668 and Sec. 41-669. Development project (site plan) review is required for the construction of any new building or 'buildings, or additions to any existing building or buildings, of 500 square feet or more, or if the cost exceeds $50,000.00. The proposed change will increase the threshold from 500 square feet,to 2,500 square feet, which will substantially expedite the development process for smaller projects and reduce the cost for development processing. Based on a review of development projects submitted in the past two years, this change will result in a reduction of 10 percent of the total number of projects submitted into the development project review process. The 2,500 - square -foot threshold will also be consistent with the threshold proposed for parking reductions and landscaping plan review. 7. Change of Use Exception Sec. 41-1309 and 41-1309.1. The proposed change of use exception will allow the change of certain uses within an existing building up to 2,500 square feet in size without the need to provide additional parking and loading spaces. For example, a tenant space may change from retail (5 spaces per 1,000 gross square feet) to a restaurant use (10 spaces per 1,000 gross square feet) without providing additional parking. The proposed amendment will allow an easier transition when change of use occurs in the commercial, professional and industrial zoning districts. 8. Parking Standards Sec. 41-1341 thru 1411 The current parking standards were adopted in the early 1990's based on a nationwide parking demand analysis conducted by the ULI (Urban Land Institute). These standards are outdated and do not reflect the current urban setting of Orange County. A recent staff survey of various cities, including Anaheim, Glendale, Long Beach, Sacramento and Santa Monica, noted that the City's parking standards were higher in some categories, with a reduction necessary to be more aligned with current parking trends (Table 1). This proposed adjustment will ensure that Santa Ana is consistent with current standards and the parking standards will not create an economic disadvantage in attracting necessary new development to the city. 75A-7 Zoning Ordinance Amendment No. 2016-03 March 13, 2017 Page 4 Table 1 The proposed reduction of parking requirement for the following use reflects the actual demand based on the analysis of parking requirements from other cities and parking demand analysis conducted in the last few years (Table 2): Table 2 Uses Anaheim I Glendale I Long Beach Sacramento Santa Monica Restaurants 811,000 sf 10/1,000 sf 10/1,000 plus 0.5 to 2.5/1,000 sf 3.3 to 811,000 sf Churches 28.5 spaces/1,000 sf of gross floor area 20 spaces/1,000 sf of gross floor area 20/1,000 bar area Exercise Gyms 5.5/1,000 sf 10/1,000 sf 20/1,000 sf 3 to 6/1,000 sf 3.3/1,000 sf Medical/Dental 6/1,000 sf 5/1,000 sf 5/1,000 sf 0.5 to 4/1,000 sf 3.3 to 411,000 sf Offices Churches 29/1,000 sf 28.6/1,000 sf 1/3.3 fixed seats 1/4 to 6 fixed 3.3/1,000 sf seats The proposed reduction of parking requirement for the following use reflects the actual demand based on the analysis of parking requirements from other cities and parking demand analysis conducted in the last few years (Table 2): Table 2 Uses Existing Proposed Restaurant 10 spaces/1,000 sf of gross floor area 8 spaces/1,000 sf of gross floor area Medical Office 6 spaces/1,000 sf of gross floor area 5 spaces/1,000 sf of gross floor area Exercise Gyms 35 spaces/1,000 sf of gross floor area 5.5 spaces/1,000 sf of gross floor area Churches 28.5 spaces/1,000 sf of gross floor area 20 spaces/1,000 sf of gross floor area On July 11, 2016, staff presented an initial package of proposed amendments to Chapter 41 to the Zoning and General Plan Subcommittee, comprised of Commissioners Bacerra and McLoughlin. On February 3, 2017 staff presented a revised set of amendments which comprised of Commissioners Bacerra, McLoughlin and Mendoza. The Zoning and General Plan Subcommittee recommended minor changes and noted that the proposed amendments would create a user and business friendly version of Chapter 41 (Zoning) of the Santa Ana Municipal Code. Public Notification The proposed amendments are citywide and the project site is not located within the boundaries of one single neighborhood association. However, a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, has been received from any members of the public. 75A-8 Zoning Ordinance Amendment No. 2016-03 March 13, 2017 Page 5 CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Approval of this Rem supports the City's efforts to meet Goal No. 3 - Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council approve Zoning Ordinance Amendment No. 2016-03. Ann Hsin-An Ni Associate Planner AN:jm anlPlanComm21ZOA2016-03.pc.031317 75A-9 75A-10 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE INCLUDING SECTION 41-198.13 (WIRELESS FACILITIES), SECTION 41-246 (R-2/TWO-FAMILY RESIDENCE), SECTION 41-593.4 AND 41-593.5 (SPECIFIC DEVELOPMENT/SD SITE PLAN REVIEW), SECTION 41-638.1 (MINOR EXCEPTION), SECTION 41- 639 (PLANNING COMMISSION TO MAKE FINDINGS OF FACT), SECTIONS 41-668 AND 41-669 (DEVELOPMENT PROJECT APPROVAL), AND SECTIONS 41-1309, 41- 1309.1; 41-1346, 41-1375 AND 41-1411 (VARIOUS PARKING STANDARDS) 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. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been. revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. In a continuing effort to establish high-quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. B. After a thorough analysis of the current code requirements in the city, staff identified a number of code amendments and additions that are necessary to ensure clear, uniform, and legally consistent regulations. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. C. Zoning Ordinance Amendment No. 2016-03 amends various sections in Chapter 41, including Section 41-198.13 (wireless facilities), Section 41- 246 (R-2/Two-Family Residence), Section 41-593.4 and 41-593.5 (Specific DevelopmenUSD site plan review), Section 41-638.1 (minor Exhibit 5 Ordinance No. NS-XXXX Page 1 of 12 75A-11 exception), Section 41-639 (Planning Commission to make findings of fact), Sections 41-668 and 41-669 (development project approval), and Sections 41-1309, 41-1309.1, 41-1346, 41-1375 and 41-1411 (various parking standards). D. On March 13, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2016-03 to amend Chapter 41 of the Santa Ana Municipal Code including Section 41-198.13 (wireless facilities), Section 41-246 (R-2fTwo-Family Residence), Section 41-593.4 and 41- 593.5 (Specific Development/SD site plan review), Section 41-638.1 (minor exception), Section 41-639 (Planning Commission to make findings of fact), Sections 41-668 and 41-669 (development project approval), and Sections 41-1309, 41-1309.1, 41-1346, 41-1375 and 41-1411 (various parking standards). Section 2. Pursuant to the California Environmental Quality Act ("CEQA') and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-198.13 (wireless facilities) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-198.13. Same -Conditional Use Permit Expiration. Each wireless communication facility approved pursuant to this article shall be approved for a period not to exceed five (5) ten 10 years. Section 4. Section 41-246 (R-2/Two-Family Residence) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: DIVISION 4. R2 (TWO FAMILY RESIDENCE) Section 41-246. Applicability of Regulations. R-2 (two-family residence) districts are specifically subject to the regulations contained in this division, except that one -family dwellings are subject to the design and development standards set forth in Division 4 3 of this article, townhouses are subject to the design and development standards set forth in Division 6 of this article, and uses allowed under section 41-247.5 are subject to the design and development standards set forth in DivisioR 12 A this article. Ordinance No. NS-XXXX Page 2 of 12 75A-12 Section 5. Sections 41-593.4 and 41-593.5 (Specific Development/SD site plan review) of Chapter 41 of the Santa Ana Municipal Code are hereby amended to read as follows: Sec. 41-593.4. Submission of Development Plans; Architectural Review. (a) subpaFagraph (1) below. Any application for a permit for a building or structure in the SD District shall be accompanied or preceded by the filing with the director of planning of a specific development plan which shall be one of either of the following types: (1) A plan consisting of architectural drawings or sketches and plot plans, all to a workable scale, showing the elevation of the proposed building or structure, signs, proposed landscaping or other treatment of grounds around such building or structure, off-street parking and other physical features such as trees, hydrants, poles, and other installations, and in addition, such other plans, drawings or information as may be determined by the director of planning to be necessary to fully evaluate any requirement for a building permit; (2) A plan consisting of standards and regulations pertaining to the following: (i) The height, location, and bulk of buildings: (ii) The location, arrangement and configuration of open space and building setback; (iii) The location and design of off-street parking areas; (iv)The number, size, and location of all signs; (v) Such other regulations and standards as may be necessary to accomplish the purposes and intent of this division or to insure the proper execution of the general plan. (b) Upon receipt of a specific development plan by the director of planning, the same shall be referred to the planning sefnfaissien division for review and recommendations. The planning semmissisn division shall review said plans for the purpose of ensuring that buildings, structures, and grounds will be in keeping with the neighborhood and will not be detrimental to the harmonious development of the city or impair the desirability of investment or occupation in the neighborhood. 75A-13 Ordinance No. NS-XXXX Page 3 of 12 Sec. 41-593.5. Approval of specific development plans. No permit for a building or structure shall be issued for any property subject to the provisions of this division until the following requirements have been met: (a) If the property is within a zoning district classification combined with an SD suffix, the applicant must obtain for said property a conditional use permit permitting use of the property in accordance with a specific development plan. Said conditional use permit shall be approved, conditionally approved, or denied in accordance with the provisions of Article V of this chapter. All development shall be in compliance with all conditions of approval prior to issuance of a utility release by the director of building. (b) If the -property is within an SD District, the specific development plan must be adopted by ordinance of the city. Such ordinance, in addition to adopting the specific development plan, shall specify the uses permitted on such property, together with any restrictions or conditions pertaining to such uses. Section 6. Section 41-638.1 (minor exception) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-638.1. Minor Exceptions from Off -Street Parking Requirements. (a) Minor exceptions from the off-street parking regulations referenced in this section shall be subject to grant or denial by the Planning Manager based upon the standards set forth in this section and not upon the standards set forth in Section 41-638. (b) A minor exception from the requirement that required parking areas be integrated such that a vehicle need not enter a street to move from one aisle to another may be granted if: Ordinance No. NS-XXXX Page 4 of 12 75A-14 (i) The stalls in an aisle are all reserved or assigned so as to be unavailable for parking by persons permitted to park in another aisle; or (ii) A parking area serves an office use and is immediately across a street or alley from it; or (iii) The parking area is wholly or partly within a structure. (c) A minor exception may be granted from the provisions of this chapter requiring each use to have its required number of off-street parking stalls to allow: (i) Two (2) or more independent uses to share required parking stalls provided no conflict will arise between parking for one use and parking for another due to differences in time of primary utilization of parking as between such uses. demand analysis is required at the discretion of the Planning Manager. (d) A minor exception may be granted from the off-street parking design requirements of this chapter to allow for tandem parking seNiRg-arry nenresideatial use if the parking area is adequately managed by a valet service or parking management sewise plan. (e) No minor exceptions shall be granted under this section if the effect would be to substantially increase difficulties of vehicle maneuverability or traffic congestion. Any minor exception granted under this section may be conditioned to avoid such adverse impacts, including the condition of maintaining parking according to an approved parking site and/or management plan. Section 7. Section 41-639 (Planning Commission to make findings of fact) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-639. Planning Commission to Make Findings of Fact; Filing, Review. Ordinance No. NS-XXXX Page 5 of 12 75A-15 In granting or denying a variance, conditional use permit or minor exception, the planning commission shall make a written finding which shall specify all facts relied upon by said commission in rendering its decision and in attaching conditions and safeguards. A copy of the decision of the planning commission, together with the written finding of fact, shall be filed with the clerk of the council, with the city planning depaftmen division, and mailed to the applicant. All decisions of the planning commission ma.. be Feviewed by shall be final unless appealed to the city council pursuant to Section 41- 645. Section 8. Sections 41-668 and 41-669 (development project approval) of Chapter 41 of the Santa Ana Municipal Code are hereby amended to read as follows: DIVISION 3. - DEVELOPMENT PROJECT PLAN APPROVAL Sec. 41-668. Definitions. (a) Development project. As used in this division, the term "development project" includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of five feet-two'thousand five hundred (2,500) square feet or more is constructed or added, ($58 908; but excluding the following: a. Single family homes; b. Room additions to duplexes; c. Tenant improvements not involving a change of use; d. Facade improvements; e. Equipment covers or structures to cover equipment. (2) Tenant improvements involving an intensification or change in occupancy classification. Ordinance No. NS-XXXX Page 6 of 12 75A-16 (53) Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval: As used in this division, the term "discretionary approval' means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. Sec. 41-669. Plan Approval. (a) No building permit shall be issued for any development project unless consistent with plans that have been approved for such development project in accordance with this division, except as otherwise provided in a discretionary approval. Section 9. Section 41-1309 (interpretation of parking standards) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1309. Interpretation of Standards. In interpreting the parking standards set forth in this article, the following rules shall govern: (1) Wherever required off-street parking is based upon gross floor area, the number of required spaces shall be determined by applying the appropriate mathematical ratio. If the product is not a whole number, the number of required spaces shall be the next lower natural number if the decimal fraction is less than five -tenths (0.5) or the next higher natural number if the decimal fraction is five -tenths (0.5) or more. Wherever required off-street parking is based upon some other factor, the number of required spaces shall be determined by the same arithmetical process. Ordinance No. NS-XXXX Page 7 of 12 75A-17 (2) Wherever two (2) or more uses identified in this article exist on the same site or within the same building: a. The number of parking spaces required for each use shall be determined separately. b. Except as provided in sections 41-1390 and 41-1391, ancillary activities or uses within a single tenant space not exceeding fifteen (15) percent of the gross Floor area shall be calculated at the parking ratio of the primary use. (3) Wherever a particular use of property can be classified under more than one (1) section of this article which sets minimum parking space requirements, the section which contains the more specific use description shall apply. If two (2) or more equally specific sections apply, the section imposing the higher standard shall apply. (4) Wherever required parking is based upon the number of seats in an area, eighteen (18) inches of bench space shall be deemed the equivalent of one (1) seat. (5) Reduction in parking due to disabilities upgrade may be granted. When required solely as a need to upgrade existing parking facilities to comply with Americans with Disabilities Act (ADA) Title III and California Code of Regulations (CCR) California Access Code, Title 24 may be reduced at the discretion of the Planning Manager. (6) Additions of floor area up to twenty-five (25) percent of a designated historic resource on the Santa Ana Register of Historic Properties shall be exempt from the requirements of this subsection. Additional parking shall be provided only for the floor area being added which exceeds a twenty- five (25) percent increase. Section 10. Section 41-1309.1 (change of use/exceptions) of Chapter 41 of the Santa Ana Municipal Code is hereby added to read as follows: 41-1309.1 Change of Use, Exceptions. Upon the change of use of an existing building lot or a portion of a building or lot additional parking and loading spaces shall be provided for the new use as required by this chapter over and above the number of parking and loading spaces required by this chapter for the prior use only, with the following exceptions: Ordinance No. NS-XXXX Page 8 of 12 75A-18 (1) Change of use in a historic district or registered historic property. Any change of use permitted in a historic resource shall not be required to provide additional parking to that legally required prior to the change of use. (2) thousand five hundred (2,500) square feet in all zones, may be interchanged among the below land uses without the need to provide additional parking beyond that currently provided on-site or in covenanted off-site spaces. The prior use must have been established with a valid business license and certificate of occupancy. Required parking shall be determined by the last occupancy that did not use this subsection in a space under two thousand five hundred (2,500) square feet in all'zones. Parking will be determined by subsection 41-1300. • Professional and administrative offices • Service uses • Medical and dental offices • Restaurants/eating establishments Retail and service activities • Live/work spaces • Banks and financial institutions • Gymnasiums and studios operated for commercial or public Purposes Section 11. Section 41-1341 ((parking standards for Restaurants, Cafes, etc.) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: DIVISION 3. - COMMERCIAL AND OFFICE STANDARDS Sec. 41-1341. Restaurants, cafes, etc. (a) The minimum off-street parking requirements for restaurants, cafes and other eating establishments are as follows: tea -(10) eight 8 spaces for each one thousand (1,000) square feet of gross floor area and open-air dining area except that an open-air dining area no greater than twenty-five (25) per cent of the gross floor area of the restaurant, or one thousand Ordinance No. NS-XXXX Page 9 of 12 75A-19 (1,000) square feet, whichever is smaller, is exempt from a parking requirement. (b) Each drive-through eating establishment shall have vehicular stacking lanes of at least eighty (80) feet from the pick-up window to the order point, and eighty (80) feet from the order point to the end of the drive-through lane. Such stacking lanes shall be located so that they do not serve as entries to parking spaces. Section 12. Section 41-1346 (parking standards for Medical, Dental, Psychiatric and Chiropractic Offices and Clinics) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1346. Medical, dental, psychiatric and chiropractic offices and clinics. The minimum off-street parking requirements for medical, dental, psychiatric, and chiropractic offices and clinics are as follows: six-( five 5 spaces for each one thousand (1,000) square feet of gross floor area. but iR RE) ease less thaR SiX (6 five (5) spaces. - Section 13. Section 41-1375 (parking standards for Exercise Gyms, Spas, Health Clubs, etc.) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1375. Exercise Gyms, Spas, Health Clubs, etc. The minimum off-street parking requirements for exercise gyms, spas, health clubs and similar facilities are as follows: one (1) space for each twenty-eigh (28) one hundred and eighty (180) square feet of floor area devoted to physical activity other than racquetball or handball (exclusive of locker rooms, shower facilities, utility rooms and ancillary public areas), plus two and GRe half (2.5 Section 14. Section 41-1411 (parking standards for churches, chapels and religious meeting halls) of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-1411. Churches, chapels and religious meeting halls. (a) The minimum off-street parking requirements for churches, chapels and religious meeting halls are as follows: one (1) space for each three (3) fixed Ordinance No. NS-XXXX Page 10 of 12 75A-20 seats, plus one (1) space for each thirty-five{ fifty 50 square feet of floor area in seating areas without fixed seats. (b) For purpose of this section, "seating areas" shall include congregation seating, prayer and cry rooms, pastor and choir areas, and similar areas. Section 15. 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 2017 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J%4 Lisa Storck, Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers Miguel A. Pulido Mayor 75A-21 Ordinance No. NS-XXXX Pagel 1 of 12 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 , 2017 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 75A-22 Ordinance No. NS-XXXX Page 12 of 12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED El As PUBLIC HEARING - ADOPT AN [I As Amended nded ORDINANCE TO REGULATE MOBILE ❑ ordinance on 1" Reading FOOD VENDING VEHICLES AND DIRECT El ordinance on Reading [I El Implementing Resolution STAFF TO DEVELOP AN ELECTRICAL ❑ Set Public Hearing For POWER OPTIONS PROGRAM FOR MOBILE VENDORS {STRATEGIC PLAN NO 5, 4} Z. / , CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance to regulate mobile food vending vehicles in the Santa Ana Municipal Code. 2. Direct staff to return with a program to provide mobile vendors electrical power options upon purchase of street lights. DISCUSSION In December 1994, the City Council adopted regulations for vending vehicles. Subsequently in 2004 and 2005, the City Council adopted regulations by Ordinances NS -2655 and NS -2701, which were challenged by an action filed at the Orange County Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The Court ruled in favor of the plaintiffs, finding that California Vehicle Code (CVC) section 22455 preempted Santa Ana's ordinances because City regulations were not limited to protecting public safety. Since the Court's ruling, the City of Santa Ana has not been able to regulate mobile vending vehicles in our community. However, concerns with the effects of unregulated mobile vending remained. In fall of 2015 the City began an effort to construct a mobile vending ordinance that addressed the concerns of the community, complied with State law and allowed mobile venders to provide services and operate. The City conducted multiple outreach efforts to inform the public and venders and obtain input from various stakeholders. These efforts are outlined in Exhibit 1- Timeline of City of Santa Ana's Mobile Food Vending Vehicle Outreach Efforts with Stakeholders. The proposed ordinance drafted in response to these outreach efforts was presented to City Council during the spring and summer of 2017. On July 5, 2017, the City Council repealed the mobile food vending ordinance to comply with the Court's decision and directed staff to evaluate 75C-1 Adopt an Ordinance to Regulate Mobile Food Vending Vehicles September 5, 2017 Page 2 the following areas of concern: distance from schools, parking time limits and potential vending sites in the public right-of-way. In addition, they directed staff to discuss the final revised draft with key stakeholders. 1. Distance from Schools, Parks, Community Centers and Public Playgrounds. The first draft of the mobile vending ordinance prohibited mobile vending vehicles within 500 feet of a school, park, community center or public playground. However, the mobile vending industry representatives were concerned that this requirement in addition to the 100 foot distance requirement from any intersection would eliminate their ability to operate in many locations that they have conducted business in for years. Neighborhoods that would have been dramatically impacted by this restriction include: Willard, Bishop and Pico Lowell. In response to the 250 feet reduction in the distance requirements, Santa Ana Unified School District indicated concern that reducing the 500 foot buffer between vendors and the school sites would be in direct conflict with Federal guidance prohibiting competing breakfast and lunch sales. Staff is recommending 250 feet as it conforms to the City's safety findings. 2. Amend Time Limit requirement. The proposed ordinance does not recommend any time limits or restrictions requiring mobile vendors moving after a specific amount of time, other than the overnight commissary storage requirement. 3. Mobile Vending Sites and Lease of the Public Right -of -Way As part of the ongoing general plan amendment discussions, the City will investigate establishing Food Vending Zones. These sites would include environmentally -friendly options for vending. During discussion of the draft ordinance, the City Council directed staff to consider lease of public right-of-way as long-term parking spaces for mobile vendors. Of particular interest was the ability to replace the gas generators with electric power from City streetlights. Most of the City streetlights are owned by Southern California Edison (SCE). Currently, PWA is negotiating with SCE to buy back the streetlights. Once the City takes ownership, estimated to be in late spring 2018, the streetlights can be modified to include outlets and meters for use by street vendors. Power can be provided wherever streetlights are available. Estimated cost to modify existing streetlights is between $17,500 and $21,000 per streetlight. In addition, the City may wish to investigate extension of power from City -owned facilities or properties to on -street or off-street parking and use of streetlights that are currently owned by the City. 75C-2 Adopt an Ordinance to Regulate Mobile Food Vending Vehicles September 5, 2017 Page 3 4. Since the last Council Meeting, the following outreach has been conducted: • Neighborhood/Comm Link Representatives August 3, 2017 • Food on Wheels Association August 9, 2017 • Produce Mobile Vendors and/or Attorney Federico Sayre August 7,2017 and ongoing • Brick and Mortar Business Representatives August 14, 2017 • Santa Ana Unified School District September Additionally, two hundred forty-six (246) mobile vending business license holders received notice of the August 24`h public hearing on the proposed ordinance before the City Council. The information gathered served as the findings to formulate staff's recommendations. This effort included a review from the City Attorney's Office staff to ensure adherence and compliance with applicable laws and to ensure we had proper evidence to support our regulations. Based upon this additional input and discussion, the proposed ordinance and recommendations have been revised to minimize potential impacts to mobile vending businesses while ensuring public health and safety. Additionally, to provide reasonable regulations for food and produce vehicles, City staff recommends the adoption of a new Food Vending Vehicle ordinance to protect the public's health and safety in accordance with Vehicle Code section 22455 and the California Retail Food Code and County of Orange Health Care Agency/Environmental Health. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal Acting Executive Director Planning & Building Agency AN:rb S:RFCA19-5-171PBA Vehicle Vending 9-5-17 Exhibits: 1. Timeline of Outreach with Various Stakeholders 2. Ordinance to Adopt New Regulations 3. Findings 75C-3 75C-4 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE NEW FOOD VENDING VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council of.the City of Santa Ana expressly finds that vending vehicles pose traffic hazards and special danger to the safety and welfare of children. and residents of the City. The City's intent is to provide clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. B. The City Council of the City of Santa Ana previously adopted Article XIV in Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal Code sections 36-700 through 36-720). C. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as Santa Ana Municipal Code sections 36-50 through 36-63. D. The later ordinances were challenged in an action filed in Orange County Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 preempted the City ordinances because the City regulations were not limited to protecting public safety. E. Following the Vasquez case, the City has not sought to enact or enforce further regulation of food vending vehicles, even though Vehicle Code section 22455 allows a local authority to adopt additional requirements for mobile vending which restricts the time, place and manner of vending in order to protect the public safety. On August 1, 2017, in an effort to update the Santa Ana Municipal Code (SAMC), the City Council repealed Article XIV in Chapter 36 "Food Vending Vehicles" (SAMC section 36-700 through 36-720) as well as Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (SAMC section 36- 50 through 36-63) by Ordinance NS -2922. Ordinance No. NS-XXXX Page 1 75C-5 G. The City Council hereby adopts a new Food Vending Vehicle ordinance restricting the place and manner of vending in order to protect the public safety in accord with Vehicle Code section 22455. Section 2. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15061(b)(3), in that it can be seen with certainty that the project will have no possible significant impact on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 3. The City hereby adopts the new "Food Vending Vehicles", Article XIV to Chapter 8 of the Santa Ana Municipal Code to read as follows: ARTICLE XIV. FOOD VENDING VEHICLES. Sec. 36-700. Purpose and Intent. The City Council expressly finds that vending vehicles pose traffic hazards and special dangers to the safety and welfare of children and residents of the city. It is the purpose and intent of the City Council, in enacting this article, to provide responsible companies and persons who engage in the operation of vending from vehicles with clear and concise regulations to ensure safety and prevent traffic hazards, as well as preserve the peace, safety and welfare of the community. Sec. 36-701. Definitions. As used in this article: A. "Crosswalk" shall be defined by the California Vehicle Code, as that term may be amended from time to time. B. "Business license" means a business license required by Chapter 21 of the City of Santa Ana Municipal Code. C. "Food vending vehicle" or "vending vehicle" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible items and may include nonfood sundries. Food vending vehicle as used in this article does not refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this Code. Ordinance No. NS-XXXX Page 2 75C-6 D. "Operator" as used in this article shall mean any entity and all person(s) that: (1) Owns, controls, manages, and/or leases a food vending vehicle; and/or (2) Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a food vending vehicle; and/or (3) Drive, operate, vend and/or prepare food in or from a food vending vehicle. E. "Goods" or "merchandise" shall include items and products of every kind and description, including all foods, produce, and beverage items. F. 'Park" shall be defined by Chapter 31 of this Code, as it may be amended from time to time. G. "School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required, by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include either a vocational institution or a professional institution of higher educations, including a community or junior college, college, or university. H. "Street' shall be defined by the California Vehicle Code, as that term may be amended from time to time. I. "Vend" or "vending" as used in this article means soliciting, displaying, offering for sale for monetary or other consideration, or sale, of any goods or merchandise to the public from a vehicle; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food vending vehicle on a public or private street, alley, highway or public place within the City of Santa Ana and includes the movement or standing of a food vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. J. "Restocking" means the transfer of food, goods or merchandise to a food vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise. Sec. 36-702. Operational Requirements. A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a food vending vehicle in the City without a valid business license issued, in addition to any other license or permit required under any other chapter of this code, for each and every food vending vehicle. Ordinance No. NS-XXXX Page 3 75C-7 B. All operators shall comply with the following regulations: 1. Each operator vending any produce or other food item shall comply with all County of Orange Health Care Agency requirements for mobile food facilities, as well as all required food handling permits. Each operator shall possess and at all times display such permits in conspicuous view upon each vending vehicle. 2. Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City business license. 3. Every food vending vehicle shall have the name, address, and telephone number of the holder of the business license permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed. 4. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle. Any signage or display for a food vending vehicle must comply with the generally applicable sign regulations contained in Chapter 41 of the Code. 5. No operator of a food vending vehicle shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any public or private street. 6. No owner or operator of a vending vehicle shall permit vending within two hundred and fifty (250) feet from a school, park, community center or public playground facility. 7. No owner or operator shall permit the vending vehicle to vend within fifty (50) feet of a marked or unmarked crosswalk in an intersection. 8. No food vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public or private street. Vending shall only be permitted where the food vending vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner 9. Vending from a food vending vehicle while the vehicle is parked, stopped, or standing on any public or private street, alley, or highway is permitted only when that part of the food vending vehicle open to prospective customers is on the side of the vehicle immediately next to the right side of the public or private street, alley, or highway. Under no circumstances may vending occur from the left side of a food vending vehicle. Notwithstanding the above provisions, no person shall vend to any customer whose location creates a traffic hazard. Ordinance No. NS-XXXX Page 4 75C-8 10. All food vending vehicles shall maintain and make refuse containers available large enough to contain all trash and refuse generated by the operation of such vehicle. The operator of the food vending vehicle shall pick up all trash and refuse generated by the operator's vending during the time the vehicle is stopped, that is within not less than a fifty (50) -foot radius of the vehicle, before such vehicle is moved. 11. Restocking of a food vending vehicle shall only occur where the vehicle is lawfully parked and such restocking does not restrict vehicle or pedestrian traffic or otherwise create a traffic hazard. 12. No food vending vehicle shall attach to or receive any electrical power or other utilities from any public or private property while the vehicle is located on any private or public•street or alley without a permit issued by the City of Santa Ana. 13. Vending is, prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public street, alley, or highway is thirty-five (35) miles per hour or greater. 14. No owner or operator of a vending vehicle shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk. 15. In conformance with the California Retail Food Code and County of Orange Health Care Agency/Environmental Health, food vending vehicles shall be stored at or within an approved commissary in order to have protection from unsanitary conditions. Food vending vehicles shall not be stored overnight outside of an approved commissary. Sec. 36-703. Exemptions. This article shall not apply to any City -sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the City. Sec. 36-704. Land Use Certificate Required for Vending on Private Property. A. Vending on Private Property - Zones. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and/or special event permit for activities on property in commercial, manufacturing, or planned development zones designated for commercial or manufacturing uses. Food vending vehicles operating on private property must obtain the consent of the person who is in Ordinance No. NS-XXXX Page 5 75C-9 legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. B. Vending on Private Property - Activities. Food vending vehicles shall be allowed on private property in conjunction with a Land Use Certificate and/or special event permit for activities such as filming for movies, a party, fair, or carnival. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Chapter 41 of the City of Santa Ana Municipal Code. C. Pursuant to this section, the following restrictions apply to vending on private property: 1. A food vending vehicle may only vend and remain parked on private property for the period of time noted in the Land Use Certificate and/or special event permit. All food vending vehicles are required to have a City of Santa Ana business license conspicuously displayed when vending. 3. Nothing in this section shall be construed to excuse food vending vehicles from complying with all other provisions of this chapter. Sec. 36-705. Penalty for Violation. Every violation of the provisions of this article shall be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9 of this Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. Use of an administrative citation shall not prevent or preclude the City from seeking additional criminal, civil or other legal remedy established by law. Section 4. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 6 75C-10 ADOPTED this day of APPROVED AS TO FORM: Sonia Carvalho, City Attorney By:cl !_�� Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2017. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 2017, 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 75C-11 Ordinance No. NS-XXXX Page 7 75C-12 [Exhibit 2 to RFCA] Findings in Support of the Proposed SAMC Mobile Vending Regulations Distance restrictions from schools, parks, community centers, and public playgrounds A majority of school children in Santa Ana walk to and from school, and the City continuously works to improve the safety of walking routes to school and other community destinations for the City's youth. In the opinion of Engineering staff, the presence of vending trucks in the vicinity of schools, parks, and community centers creates a hazardous condition by providing an attraction for children to cross streets at midblock locations. The concern is greatest at schools where those streets have driving lanes queued with cars carrying parents arriving to pickup or drop off their students. Traffic Engineering staff has observed occurrences of students crossing streets midblock to reach vending trucks. In addition, the gathering of customers waiting in line for vending trucks create the potential to block paths along sidewalks, thereby forcing children and other pedestrians to dangerously detour around the blocked sidewalk and out into the street in the travel path of vehicles. The size of vending trucks obstructs visibility to both vehicle drivers and pedestrians, resulting in potentially unsafe conditions under certain circumstances. Therefore, similar to specific locations whereby engineering staff use red curb markings to maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering staff, that vending trucks should not stop to operate/conduct business at any location within 500' from a school, park, community center or public playground. Distance restrictions from a crosswalks and intersections Right of way for vehicle, bicycle and pedestrian traffic at roadway intersections and crosswalk is controlled by a variety of devices, such as traffic signals, signage, and flashing beacon, which are typically placed behind the curb to the right of the vehicle path. For the traffic control devices to be effective, the signage must be visible a sufficient distance in advance of the intersection or crosswalk to allow vehicles to stop. The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of traffic collisions for a ten year period. The analysis determined that over 50% of all pedestrian vs. motor vehicle collisions occurred at intersections. Often, these types of collisions are due to the motor vehicle driver not seeing, or otherwise not being aware of the pedestrian. Vending trucks, with their high profile, boxy shape, and lack of windows create an obstruction to visibility particularly near intersections and crosswalks where there is significant concentrations of vehicle and pedestrians. Therefore, similar to specific locations whereby engineering staff use red curb markings to maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering 75C-13 staff, that to maintain visibility of traffic and traffic control devices, vending trucks (stop to operate/conduct business at any location) are prohibited within 100' of intersections and marked or unmarked crosswalks. Vending prohibited on streets where posted speed is 35 mph or greater. The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of traffic collisions for a ten year period. The study determined that, while arterial streets constitute only 21 % of the roadway network in the City, over 60% of collisions involving severely injured or killed pedestrians and bicyclists occur on arterial streets where speeds are typically 35 mph or higher. In the opinion of Engineering staff, the presence of vending trucks on streets with speed limits greater than 35 mph creates a hazardous condition by obstructing visibility to view pedestrians, bicyclists, and traffic control devices, providing an attraction for patrons to cross streets at midblock locations, and creates the potential for customers to block sidewalk requiring pedestrians to enter the motor vehicle path. Additional Mobile Vending Health and Safety Issues Encountered by Santa Ana Police Department The Santa Ana Police Department has reported that during recent years, mobile vending trucks have attracted individuals engaged in the sales of narcotics. At times it has been employees of the mobile vending trucks and more frequently individuals who use the vending trucks as a way to blend in with the environment to give their illegal activity a perception of legitimacy. The illegal activity has included narcotics sales and illegal sale of cigarettes. It is also known that many gang members use the mobile vending trucks as a way to conceal narcotics and firearms in order to prevent being in possession of the items when contacted by the police. It is not unusual for truck operators to be intimidated by gang members and feel obligated to pay a "tax" to the local gang(s). Mobile vending truck operators have also been victims of crimes from robbery to homicide. A high concentration of vending trucks are found in the most challenging gang areas of the city and exacerbate the quality of life/crime related issues in those areas. Many of the vending trucks sell replica/toy firearms. As such often times guns purchased from the vending trucks have been used to perpetrate crimes. Those firearms have also been used by vending truck operators as a feint form of protection. The toy/replica firearms being sold in areas with a high concentration of vending trucks may lead to disastrous results to the prevalence of real firearms and violent crime in some of those areas. Vending trucks post both pedestrian and traffic related problems. Many of the vendors set out chairs and tables along the curb/sidewalk areas which can obstruct the use of the public walkway by those not patronizing the vending truck. Due to the size of mobile vending trucks and their common presence in some of the most densely populated areas of Santa Ana the risk for 2 75C-14 pedestrian fatalities is a major concern. Many of the areas with the high concentration of vending trucks have a large amount of children who live and go to school in the area. 75C-15 75C-16