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HomeMy WebLinkAbout FULL AGENDA PACKET_2021-04-06City Council Meeting Packet April 6, 2021 CLOSED SESSION MEETING - 5:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92101 3,,r! Iin "min a^'rn 'r r•n,%mr ^; ,. . I ,,Bv e rt11 I i 9 fif Cn— o,. "a+. ° rrr dr.ar r, r raf a n:: A it ',gip ,`n/.. R m,n "?. R UU U 3 r� r, U ii R,. ¶ at n U w,,, U R r, tr InT 11 Thai Viet Phan Councilmember—Ward 1 Jessie Lopez Councilmember- Ward 3 Johnathan Ryan Hernandez Councilmember- Ward 5 Sonia R. Carvalho City Attorney Vicente Sarmiento Mayor David Penaloza Mayor Pro Tern - Ward 2 ) %, l:h.r. "p(rYi ." i4,"t 17i'i:h'rtf1 Phil Bacerra Councilmember- Ward 4 )w�n.I�rn�1 xli{2Pn;:'MM11�.F.t x.�llR,wt �. m.,� Nelida Mendoza Councilmember- Ward 6 4,t/�rt• .rWrs.'"irCx>1r.'i ,tin"1 O.,1 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Kristine Ridge City Manager Daisy Gomez Clerk of the Council In compliance with the Arneriean5 with Disabilities Act (ADA), if you need special assislance to participate in this Meeting, lacontact Michael Ortiz. City ADA Program Coordinator. at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting t{UGIIIrI1:IItH t1Ul1 CHIT bu found un thr. City's wnbHih:—www.HHnIH-H nH.ury/city-u¢:rtinys. City Council 1 4/6/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows - Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles- Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 4/6/2021 Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of Local Emergency, there will be no in -person meeting location for members of the public to attend the City Council meeting. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at,ui.vy.m(..y�,oato�h,w r nee luaNrl.`.'�;antaAr i ehrani or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by: 1. MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public rcvicw. 2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at ;;rrrr6rrsa 61;;;i;;;3r�, Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. 3. PROVIDING LIVE COMMENTS OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser.r.�:t ;;r (( %}�?uy y.:: roc Xf;,,!j;51 '> ' <Fu . To join the Conference Call' Dial (669) 900-9128 and enter MEETING ID' 315 965 149#. You will be prompted by the City Clerk when it is time for i) general public comment, ii) to speak on a specific agenda item or iii) for a public hearing item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak. City Council 3 4/6/2021 LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS — You can provide comments by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not he permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza 111i-TIll -NUTI-T, I �F. i�7 t: � 2. �'ifl RTC 1 • Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez 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- THREAT OF POTENTIAL LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One Claim a. Claim number 20-146573, Allstate Ins / Sevak Zargaryan 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION- pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. California Grocers Association v. City of Santa Ana, Orange County Superior Court Case No. 30-2021-01189627-CU-MC-CXC CLOSED SESSION REPORT —The City Attorney will report on any action(s) to betaken at City Council 4 4/6/2021 the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Moment of Reflection CEREMONIAL PRESENTATIONS 1. Oath of Office (video) administered to Nellieann Myia Turtleheart LeGaspe, Personnel Board as the Ward 5 representative — Councilmember Hernandez 2. Introduction of Ward 1 Commissioners by Councilmember Phan. 3. Proclamation presented by Mayor Sarmiento, Mayor Pro Tem Penaloza and Councilmember Phan to Casa de la Familia recognizing Sexual Assault Awareness Month. 4. Certificate of Recognition presented by Councilrnember Bacerra to Toyama Karate -Do USA in recognition of 30-year Anniversary and Outstanding Contributions to the Community. 5. Certificate of Recognition presented by Councilmember Mendoza to Alan Gersten, Santa Ana Unified School District for Teacher of the Year and Outstanding Contributions to the Community. STAFF PRESENTATIONS 6. COVID-19 Update in the Community. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 29. City Council 5 4/6/2021 7. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 8. Minutes from the regular, special and Housing Authority meetings of February 2, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 9. Minutes from the special closed session meeting of February 12, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 10. Minutes from the regular meeting of February 16, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 11. Approve an Appropriation Adjustment and Agreement Accepting $90,364.23 in 2020 Edward Byrne Memorial Justice Assistance Grant Funds (Non -General Fund) Department(s): Police Department Recommended Action: 1. Approve an appropriation adjustment recognizing $90,364.23 in the Law Enforcement Grants Revenue account and appropriate same in the Byrne Justice Assistance account. (Requires five affirmative votes) 2. Authorize the City Manager and the Chief of Police to execute an agreement (Award #2020-DJ-BX-0773) with the Orange County Sheriffs Department for the period of October 1, 2020 through September 30, 2023, accepting the 2020 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $90,364.23, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 12. Approve a Lease Agreement with Railworks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a One-year Term with Twelve One - month Extensions for a Total Amount of $19,560 (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a site lease agreement with RailWorks Track Services, Inc., to compensate the City $815 per month, with any partial month prorated at $27 per day, for the lease of 326 square feet of office space located at the Santa Ana Regional Transportation Center, for a one- year term beginning on April 6, 2021, and ending April 5, 2022, with an option for twelve month -to -month extensions, for a total of $19,560 in lease revenue for the entire City Council 6 4/6/2021 term of the agreement, including optional extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 2. Approve an appropriation adjustment recognizing Fiscal Year 2020-21 lease income in the amount of $2,310 into the SARTC Operations, Rental-RailWorks revenue account and appropriating the same amount to the SARTC Operations, Contractual Services expenditure account. (Requires five affirmative votes) 13. Approve an Appropriation Adjustment, Approve an Amendment to the FY 2020-21 Capital Improvement Program, and Award a Construction Contract to Big Ben, Inc. in the Amount of $707,733 for the Baker -Glenwood Sewer Main Upgrade Project with an Estimated Total Delivery Cost of $920,053 (Project No. 21-6446) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $920,053 from prior year fund balance in the Sewer Connection Fee Fund, prior -year carry forward revenue account and appropriate the same amount to the Sewer Connection Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $920,053 in construction funds for the Baker -Glenwood Sewer Main Upgrade. 3. Award a Construction Contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $707,733, for construction of the Baker -Glenwood Sewer Main Upgrade, for the term beginning April 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and City Attorney. 4. Approve the Project Delivery Cost for a total estimated construction cost of $920,053, which includes $707,733 for construction contract, $106,160 for contract administration, inspection and testing, and $106,160 for project contingency. 14. Award a Purchase Order Contract to Bibliotheca, LLC to Provide and Install Two Full Turn -Key Book Dispenser Remote Lockers at the Santa Aria Regional Transportation Center and Police Athletic & Activity League (PAAL) Center for $59,109.74 and a Two -Year Extended Warranty with Hardware and Software Maintenance for $10,260, for a Total Amount Not to Exceed $69,369.74 (Specification No. 21-037) (General Fund) Department(s): Library Recommended Action: Award a purchase order contract to Bibliotheca, LLC to provide and install two full turn -key book dispenser remote lockers at the Santa Ana Regional Transportation Center and Police Athletic & Activity League (PAAL) Center City Council 7 4/6/2021 for $59,109.74 and a two-year extended warranty with hardware and software maintenance for $10,260 for a total amount not to exceed $69.369.74, subject to non - substantive changes approved by the City Manager and City Attorney. 15. Authorize a one-time purchase and payment of purchase order to Metron-Farnier, LLC for construction fire hydrant water meters with Verizon Solution Registers in the amount of $82,560, plus a contingency of $8,256, for a total amount not to exceed $90,816, subject to non -substantive changes approved by the City Manager and City Attorney. Department(s): Public Works Agency Recommended Action: Authorize a one-time purchase and payment of purchase order to Metron-Farnier, LLC for construction fire hydrant water meters with Verizon Solution Registers in the amount of S82,560, plus a contingency of $8,256, for a total amount not to exceed $90,816, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Authorize Budget Reallocation and Award a Construction Contract to Wright Construction Engineering Corp. in the Amount of $1,099,195.50 for the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project with an Estimated Total Delivery Cost of $1,341,991 (Project No. 17-6802) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize Budget Reallocation of $140,105 in unspent project funds to the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project (17-6802) as follows: $46,105 in Measure M2 Local Fairshare funds from the Bristol Street Rehabilitation from 17t" to Santa Clara project (Project 18- 6909), and $94,000 in Measure M2 Local Fairshare funds from Project Development (Project 21-6899). 2. Award a construction contract to Wright Construction Engineering Corp., the lowest responsible bidder, in accordance with the Base Bid plus Alternates 1 and 2 in the amount of $1,099,195.50, for construction of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project, for the term beginning April 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Delivery Cost with a total estimated construction cost of $1,341,991, which includes $1,099,195.50 for the construction contract, $110,801.50 for contract administration, inspection and testing, and $131,904 for project contingencies. 17. Approve Agreement with TPX Communications, Inc. for Telecom Services in an Annual Amount Not to Exceed $50,000 (Non -General Fund) City Council 8 4/6/2021 Department(s): Information Technology Recommended Action: 1. Authorize the City Manager to execute the agreement with TPX Communications, Inc., for telecom services for a three-year period beginning April 1, 2021 through March 31, 2024 with the potential for three (3) additional one-year (1) renewal terms, exercisable by the City Manager and the City, in an amount not to exceed $50,000 annually and $300,000 over the life of the agreement if all extensions are utilized, subject to non -substantive changes and approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve payment for invoices for services incurred with TPX for telecom services through April 30, 2021 for an additional amount not -to -exceed $18,000. 18. Approve Agreement with Nogalis, Inc. for Lawson Managed Services in an annual amount not to exceed $150,000 (Non -General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute an agreement with Nogalis, Inc. for Lawson Managed Services for a (4) four-year term expiring April 1, 2025, with the potential for two (2) additional (1) one-year renewal terms exercisable by the City Manager and the City Attorney, for a total amount not -to -exceed $150,000 annually and $900,000 over the life of the agreement if all extensions are utilized, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 19. Approve an Amendment to Add a One -Year Extension to the Agreement with Valley Maintenance Corporation for Custodial Services at City Park Rcstrooms and Facilities from June 1, 2021 to May 31, 2022 for a Total Annual Amount of $476,708, for Total Agreement Amount for the Five -Year Period to $2,130,425 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation for custodial services at City park restrooms and facilities to extend the term for one year, from June 1, 2021 to May 31, 2022 for a total annual amount of $476,708, bringing the total agreement amount for the five-year period to $2,130,425, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 20. Approve a Three -Year Lease Agreement with Rick Kagasoff for warehouse space for the Santa Ana Police Department Evidence Section in the amount of $197,227 (Non - General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year lease agreement with Rick Kagasoff for warehouse space, for the period of April 15, 2021 through April 30, 2024, in an amount not to exceed $197,227, subject to non - substantive changes approved by the City Manager and City Attorney. This agreerent City Council 9 4/6/2021 also includes an optional one-year extension, exercisable by the City Manager and City Attorney, in the annual amount of $67,200 (Agreement No. 2021-XXX). 21. Approve a First Amendment to the Conditional Grant Agreement with Habitat for Humanity of Orange County for the Development of the Lacy Street Project (Non - General Fund) Department(s): Community Development Agency Recommended Action: Authorise the City Manager to execute a First Amendment to the Conditional Grant Agreement with Habitat for Humanity of Orange County for an additional $333,777 in Inclusionary Housing Funds for a total Inclusionary Grant amount of $565,2 (1 for the development of the Lacy Street affordable housing project located at 826 N Lacy Street (APN 398-041-22) and 416 Vance Street (APN 398- 041-18), subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 22. Approve an agreement with Illumination Foundation to Operate a Temporary Homeless Shelter, from April 20, 2021 through September 30, 2021, due to the Closure of the Link Shelter and Construction of the Carnegie Navigation Center (Non - General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Illumination Foundation to operate a temporary shelter to provide needed serves to guests at the Link shelter during the construction of the Carnegie Navigation Center for $230,000 per month in an amount not to exceed $1,500,000, from April 20, 2021 through September 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute any and all agreements required by State or Federal agencies for the use of ESG-CV, ESG-CV2 and any/all other homeless - related funds available. 23. Approve HEAP Subcontractor Agreement with Orange County United Way for Landlord Incentive Program for Foster Youth to Independence Housing Voucher Holders (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Orange County United Way to utilize Homeless Emergency Aid Program (HEAP) funds in an amount not to exceed $184,544.29 to provide landlord incentives for Foster Youth to Independence vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 24. Approve the Regional and Unified Local Workforce Plan for Program Years 2021- City Council 10 4/6/2021 2024 Department(s): Community Development Agency Recommended Action: 1. Approve the Regional and Unified Local Plan for Program Year 2021-2024 and authorize staff to submit to the California Workforce Development Board and State of California Employment Development Department. 2. Authorize the Mayor to sign all documents necessary for the submission of the Regional and Unified Local Plan for Program Year 2021-2024. 3. Authorize staff to make non -substantive changes to the Regional and Unified Local Plan in response to public comments received or as requested by the California Workforce Development Board and the State of California Employment Development Department. 25. Local Area Subsequent Designation and Local Board Recertification for a Two -Year Period from July 2021 to June 2023 Department(s): Community Development Agency Recommended Action: Authorize the Mayor to sign the Subsequent Local Area Designation and Local Board Recertification application for a two-year period expiring June 30, 2023. 26. Amend Conflict of Interest Code, list of designated classifications required to file annual disclosure form (Statement of Economic Interests form) Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2021-XXX — Adopt a resolution amending the City of Santa Ana's Conflict of Interest Code. 27. Adopt a resolution amending resolution No. 2019-111 to effect certain changes to the City's Master Pay Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employee's Retirement System (CalPERS) Department(s): Human Resources Recommended Action: Resolution No. 2021-XXX—Adopt a Resolution Amending Resolution No. 2019-111 to effect certain changes to the City's Master Pay Schedule for all represented and unrepresented employee classifications of the City of Santa Ana, covered by the City's Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master pay schedule approved and adopted by City Council. 28. Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Small -Scale Water Efficiency Projects for the Santa Ana Landscape Transformation Program (Non -General Fund) City Council 11 4/6/2021 Department(s): Public Works Agency Recommended Action: Resolution No. 2021-XXX — Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Small -Scale Water Efficiency Programs Grant for the Turf Removal and Irrigation Improvements Program, in an amount up to $75,000. 29. Adopt a Resolution and Approve an Agreement Accepting the Donation of a Police K-9 Animal, Equipment and Supplies, and $5,000 to Cover Training Expenses from Johanna Scillieri for the Santa Ana Police Department Vice/Narcotics K-9 Program Department(s): Police Department Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution accepting the donation of a Police K-9 animal, equipment and supplies, and $5,000 to cover training expenses from Johanna Scillicri for the Santa Ana Police Department's Vice/Narcotics Unit and implementation of a K-9 Narcotics Detection Program. 2. Approve an appropriation adjustment recognizing $5,000 in Police Miscellaneous Reimbursement revenue and appropriating same to the Vice/Narcotics Training, Transportation and Meetings account. (Requires five affirmative votes) **END OF CONSENT CALENDAR" IBUSINESS CALENDAR 30. Approve Agreement with Townsend Public Affairs for State Legislative Advocacy Services; Approve Amendment to Agreement with Holland & Knight for Federal Legislative Advocacy Services; Provide Direction to Staff relating to Local, State, and Federal Government Associations Department(s): City Manager Office Recommended Action: 1. Authorize the City Manager to execute an agreement with Townsend Public Affairs for State legislative advocacy services for a three-year term, from April 6, 2021 through March 31, 2024, with an option to extend the term for an additional one-year period, for a four-year not -to -exceed arnount of $252,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Approve an amendment to an agreement with Holland & Knight LLP for Federal legislative advocacy services for a one-year term from April 1, 2021 through March 31, 2022, in an amount not to exceed $117,600, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 12 4/6/2021 3. Provide direction to staff relating to local, state, and federal government associations. 31. Adopt Resolution Condemning Racism Xenophobia and Hate against Asian Americans Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX —Adopt a resolution condemning racism, xenophobia, and hate against Asian Americans. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 32. Discuss and consider directing City Manager to direct Police Department staff to post monthly reports of hate crime -related data on the Santa Ana Police Department website — Councilmembers Bacerra and Phan COUNCIL COMMENTS ADJOURNMENT— Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Arthur Sandoval Future Items 1. Shelter Operator 2. Short Term Rentals & Reasonable Accommodation Regulations Update 3. Cannabis Regulation Updates City Council 13 4/6/2021 ILC.1lm]'IEC7_IAj i.Ca7 CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nclida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Item: 1. 1. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse absent members. WA.IrZd91d93ILMA1k11KO%\1111Ai•Ir7c\.iii I BUSINESS CALENDAR 2. Public Hearing - Approve the Housing Authority Annual Plan Legal Notice published in the Orange County Register, La Opinion and NgLaoi Viet on February 20, 2021. Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States City Council 14 4/6/2021 Department of Housing and Urban Development. 2. Resolution No. 2021-XXX— Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development. **END OF BUSINESS CALENDAR** ADJOURNMENT— Adjourn the Housing Authority meeting. City Council 15 4/6/2021 I ? , I Minutes of the Regular Meeting, Housing Authority and Special (Open Session — Item 22) Meeting of the City Council City of Santa Ana, California February 02, 2021 VIRTUAL MEETING Due to Governor Gavin Newsom's % -..I . 5- L ;-and the City Council's " ­,o w o m n i there was no in -person meeting location for the community to attend public meetings. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tom Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza 11ITI -TITMiUMi , David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at b:0b p.m. Clerk of the Council conducted roll call. Councilmember Bacerra joined the meeting at 5:30 p.m. PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. This is being City Council 15 — 1 2/2/2021 done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that [hey feel strongly about. Individuals who would like to comment on an agenda item or make a general comment regarding a topic not in the meeting agenda may do so ahead of the meeting by. Email: Please email your comments by 4.00 p.m. on Regular Council meeting Tuesday, or as noticed for Special meetings, to eComment(&bsanta-ana.ora. Comments received after the cul-off lime will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY: Zoom Webinar: Please click on or type the following address into your web browser httos://us02web.zoom.us/j/315965149 m Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when prompted. The public can begin joining the speaker queue at 4:30 p.m., or 30 minutes prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press "6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. To watch the meeting without participating via these remote options: • YouTube LiveStream at „ ,,,. Y w r . Y -c /-,. o, LW , ;ih,, ,,� • Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). MINUTES: Evan Grant, on behalf of Kara Grant Law, spoke regarding existing litigation. Andrew Lee spoke on Item 48 on the Closed Session agenda. COLlncilfflelllber Phan recused herself from Item 2 pursuant to FPPC regulation 18707(d)(2). Mayor Sarndento recused himself from Item 4B due to a conflict of interest. City Council 23 — 2 2/2/2021 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 REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: APN # 405-191-01; 602 N. Flower Street, Santa Ana, CA Negotiators: City Manager Kristine Ridge and Executive Director of Parks, Recreation and Community Services Agency Lisa Rudloff Negotiating with. Orange County Professional Soccer, LLC Terms: Price and terms of potential lease agreement 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Address of Property: APN # 430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705 Negotiators: City Manager Kristine Ridge and Assistant City Manager Steven Mendoza Negotiating with. DYER 18 LLC Terms: Conditions of real property negotiations 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a). Agency Negotiator: City Manager Kristine Ridge Employee Organization: Santa Ana Police Officers Association (POA) 4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. City of Santa Ana v. Union Pacific Railroad. United States District Court for the Central District of California, Case No. 8:20-cv-01992-CJC-DFM B. Santa Ana Needs Equity. et al v. City of Santa Ana, et al.. Orange County Superior Court, Case No. 30-2019-01113224-CU-WM-CXC City Council T — 3 2/2/2021 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Reqular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session ttem(s) at 5.16 p.m. Mayor Sarmiento recessed the Closed Session Meeting at 6 07 p.m. and convened to the Regular and Special meeting at 6-10 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 43 — 4 2/2/2021 MINUTES: Mayor Sarmiento recessed the Closed Session agenda and convened to the Regular, Special and Housing Authority tneeting; and reconvened to the Closed Session at 11.37 p.tn. after Housing Authority was adjourned at 11.34 p.m. Mayor Pro Tern Penaloza adjourned the Closed Session meeting on Wednesday, Fehntary 3, 2021 at 1:03 a.m. CITY COUNCIL REGULAR OPEN SESSION MINUTES: Mayor Sarmiento called the Regular Session, Special Session, and Housing Authority tneeting to order at 6:10 p.tn. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All counci/members were prnscnt. Mayor Sarmiento announced Item 23 has boon continued to March 2, 2021 at the request of all parties. PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Dr. Willie Holmes CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Phan to Alicc McCullough for Outstanding Contributions to Education. 2. Proclamation presented by Councilmember Hernandez to to Dwayne Shipp and the Shipp Family commemorating and honoring them during Black History Month for their Outstanding Contributions to the Community. 3. Certificates of Recognition recognizing the 2020 City of Santa Ana Historic Preservation Awards Recipients — Planning and Building Agency MINUTES: Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. STAFF PRESENTATIONS 4. COVID-19 Update in the Community. City Council % — 5 2/2/2021 MINUTES: City Manager Kristine Ridge provided brief updates on COVID-19: • Stay home order lifted • Testing site for Santa Ana residents beginning Wednesday, February 3 and appointments • Vaccines • Compliance efforts 5. Community Choice Aggregation — Public Works Agency MINUTES: Executive Director of Public Works Agency Nabil Saba and consultant Edward K. Aghjayan provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that Council will reconvene to Closed Session at the conclusion of the Regular Open Session and Housing Authority meeting. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Clerk of the Council, Daisy Goinez, reported out correspondence received. • Yoselinda urged council to make the rental assistance program accessible and spoke on various other topics. • Christina Sanchez, with the Latino Food Industry Associations spoke regarding Item 22. • David Carbajal spoke regarding rental assistance funds and tenant rights. • City Manager Kristine Ridge noted that staff would go out to the community and provide rental assistance outreach. • Marci Lopez spoke regarding rental assistance, respective response times and educational how-to videos. • Kourtney spoke regarding COVID testing and expressed concern with hardships the community is facing and various other topics. • Tish Leon spoke regarding Item 24 and the importance of having a Senior Advisory Commission. In addition, expressed concern with the technology divide seniors are presented with as it pertains to Housing Section 8. • Victor Mendez spoke regarding Item 21. City Council 03 — 6 2/2/2021 • Linda Kramer spoke regarding financials related to Item 5. • Hoiyin Ip, with the Sierra Club, spoke in support of Item 5. • Manny Escamilla spoke regarding Items 12, 16, 21 and various other topics. • Carl Benninger, spoke regarding COVID vaccinations and requested community outreach it? an effort to reduce COVID rates. • Carolyn Torres requested Item 16 be pulled from consideration at tonight's meeting, noted the the courts will provide opportunities to increase recreation for the youth and their families, and requested that the handball courts to the Santa Ana Parks Improvement Plan. m Nathaniel Greensides spoke regarding the inaccessibility to the rental assistance program, urged council to make it more accessible and apparent, and spoke on various other topics. • Virginia Bernal spoke regarding Item 5. • Jose Perez, with United Food and Commercial Workers (UFCW) Local 324. spoke in Support of Item 22 and requests council to also included retail drug stores. • Issac Manzo spoke regarding Item 16. • Matthew Zeal with UFCW Local 324 spoke in support agenda Item 22. • Kayleigh Levitt spoke regarding the rental assistance fund program and to triake it more accessible. • Carla Juarez spoke regrading rental assistance and various other topics. ICONSENT CALENDAR RECOMMENDED ACT/ON: Approve staff recommendations on the following Consent Calendar Items: 6 through 20. 6. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. MINUTES: None. 7. Minutes from the special meeting of December 8, 2020 City Council -B — 7 2/2/2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 8. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2020-05 REZONING THE PROPERTIES LOCATED AT 2530 AND 2534 WESTMINSTER AVENUE FROM GENERAL COMMERCIAL (C2) TO SPECIFIC DEVELOPMENT NO. 97 (SD-97) AND ADOPTING SD-97 FOR SAID PROPERTY Placed on first reading at the January 19, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on January 22, 2021. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. MINUTES: This Consent Item Ordinance No. 3001 has been approved. 9. Appoint various boards and commissions members nominated by Councilmember Phan as the Ward 1 representatives for a full term expiring December 10, 2024 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Dang Le — Community Development Commission - Pursuant to Senate Bill 225 2. Valerie Huynh — Personnel Board 3. Bao Pham — Planning Commission 4. Carlos Perea — Santa Ana 2018 Measure X Citizen Oversight Committee 5. Isabel Ortega — Youth Commission Moved by Councilmember Phan, seconded by Councilmember Hernandez to Approve. YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 10. Appoint various boards and commissions mernbers norninated by Councilmember Lopez as the Ward 3 representatives for a full term expiring December 10, 2024 Department(s): Clerk of the Council City Council 83 — 8 2/2/2021 Recommended Action: Appoint. 1. Idanda Martinez — Community Development Commission - Pursuant to Senate Bill 225 2. Isuri Ramos — Planning Commission 11. Appoint Tim Rush nominated by Mayor Pro Tern Penaloza as the Ward 2 representative to the Historic Resources Commission for a partial -term expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint Tim Rush to the Historic Resources Commission representing Ward 2. 12. Approve destruction of obsolete City Records Department(s): Clerk of the Council Office Recommended Action: Approve the requests for the destruction of obsolete records from Parks, Recreation and Community Services in accordance with the retention schedule outlined in City Council Resolution 2013-014. 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. 13. Receive and file Quarterly Report for Housing Division Projects and Activities for October 2020 — December 2020 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of October 2020 - December 2020. 14. Approve agreements for as -needed Information Technology professional services in an aggregate annual amount not to exceed $3,000,000 (Non -General Fund) Department(s): Information Technology Recommended Action: Authorize the City Manager to execute four (4) as-necdcd information technology professional services agreements with the firms listed below, subject to non -substantive changes approved by the City Manager and City Attorney, each for a (4) four-year term expiring February 1, 2025, with the potential for one (1) additional (2) two-year renewal term, exercisable by the City Manager and the City, for a total aggregate amount for all four vendors, not -to -exceed $3,000,000 annually and $18,000,000 over the life of the agreements if all extensions are utilized, subject non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX): City Council 93 — 9 2/2/2021 • Sierra Cybernetics, Inc. • Intratek Computer, Inc. • West Advanced Technologies, Inc. • Infojini, Inc. MINUTES: This consent Item - Agreement Core No. 2021-015 was approved. 15. Receive and file— Fiscal Year 2019-20 Comprehensive Annual Financial Report, Related Audit Reports, and Measure X Agreed -Upon -Procedures Report Department(s): Finance and Management Services Recommended Action: Receive and file the following audited and separately issued reports for the 2019-20 Fiscal Year: 1. The Auditor's unmodified "clean" opinion letter for the Fiscal Year 2019-20 Audited Financial Statements included in the Comprehensive Annual Financial Report (CAFR) 2. Government Auditing Standards (GAS) Letter 3. Audit Committee Letter 4. Air Quality Management District (AQMD) Audited Financial Statements 5. The Auditor's report on the Appropriations Limit (GANN Limit) 6. The Auditor's report on compliance with the Statement of Investment Policy 7. Measure X Agrecd-Upon-Procedures Report 16. Adopt a resolution authorizing the submittal of the application for the Per Capita Grant Program to the State of California for the Santa Anita Park Improvement Project (Phase 2) Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021-XXX -Adopt a resolution approving and authorizing the submittal of the application for the Per Capita Grant Program to the State of California for the Santa Anita Park Improvement Project (Phase 2). MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff elaborated on the Park Master Plan process. Administrative Services Manager Ron Ono addressed council regarding space, lighting, landscape, project timeline, funding and community outreach. Adopt tPsolution to submit application and plan is subject to changes as of a result of additional community outreach. Consent Calendar Item Resolution No. 2021-005 was approved. City Council V— 10 2/2/2021 Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Phan to Adopt as amended to adopt resolution authorizing submittal of application; however, the plan is subject to changes as of a result of additional community outreach.. YES' 7— Penalo7a, Phan, I ope7, Racerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 17. Adopt a resolution and approve an agreement authorizing Police Officer Shifflett to purchase a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Police Department's K-9 Program Department(s): Police Department Recommended Action: 1. Resolution No. 2021-XXX - Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Shifflett and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Santa Ana Police Department's K-9 Program. 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Officer Shifflett for the sale of a retired Police Department K-9 in the amount of $1, subject to non -substantive changes approved by the City Attorney and City Manager (Agreement No. 2021-XXX). MINUTES: This consent Item — Resolution No. 2021-006 was approved. This consent Item - Agreement No. 2021-016 was approved. 18. Amend agreement with the Municipal Water District of Orange County to increase the agreement amount by $220,000, for a new total amount not to exceed $553,000 for the remaining term of the agreement, for mutual aid support services and middle and high school educational outreach programs (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an amendment to the agreement with the Municipal Water District of Orange County, increasing the agreement amount by $220,000, for a total agreement amount not to exceed $553,000, for the remaining term of the agreement ending June 30, 2022, for mutual aid support services and middle and high school educational outreach programs, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). City Council 1BI— 11 2/2/2021 MINUTES: This consent Item - Agreement No. 2021-017 was approved. 19. Receive and file Certification of Approval by City Engineer or Final Parcel Map 2017- 03 (521-645 North Ross Street, 620 North Broadway and 333 West Santa Ana Boulevard) (Property Owner: County Of Orange) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Parcel Map 2017-03 for property owned by tho County of Orange. 20. Approve agreement with Mark Thomas & Company, Inc. for design services of the Standard Avenue Protected Bike Lane Project in an arnount not to exceed $820,702.30 for a three-year term (Project No. 20-6965) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Mark Thomas & Company, Inc. to provide professional engineering services for the Standard Avenue Protected Bike Lane Project, in the amount of $746,093.00, with a 10 percent contingency of $74,609.30, for a total amount not to exceed $820,702.30, for a three-year term beginning February 2, 2021 and expiring February 1, 2024, with the option for two (2), one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Executive Director of Public Works Agency Nabil Saba addressed council regarding parking and design aspects of the bike lane. This Consent Calendar Item Agreement No. 2021-018 was approved. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Lopez to Approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0 — 0 — 0 — Pass Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Mendoza to approve Consent Calendar items 6- 20 with the exception of 9, 16, and 20.. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 City Council 112— 12 2/2/2021 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** IBUSINESS CALENDAR 21. Consider refinancing the city's employee pension debt and adoption of the proposed Unfunded Employee Pension Liability Cost Reduction Policy Department(s): Finance and Management Services Recommended Action: 1. Determine whether to proceed with refinancing any portion of the pension debt. If City Council wishes to proceed with pension debt refinancing. a. Direct staff to propose a contract for bond counsel services to prepare a resolution for City Council consideration authorizing the sale of pension obligation bonds, which is necessary to begin the court validation process to refinance the pension debt; and b. Adopt the proposed Unfunded Employee Pension Liability Cost Reduction Policy. MINUTES: City Manager Kristine Ridge provided a brief introduction. Cxecutive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. Council provided direction to staff. Moved by Councilmember Phan, seconded by Councilmember Mendoza to Approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass 22. SPECIAL MEETING — (Open Session Item 22) Resolution directing the City Manager and City Attorney to report back to City Council prior to March 2, 2021 for a proposed ordinance requiring premium pay for grocery workers Department(s): City Managers Office, City Attorneys Office Recommended Action: Resolution No. 2021-XXX— Adopt a resolution instructing City Council e- 13 2/2/2021 the City Manager and City Attorney to report back to the City Council prior to the March 2, 2021 Council Meeling with a proposed Urgency Ordinance requiring premium pay (Hero Pay) for front-line Grocery retail employees within the City. MINUTES: City Council provided direction to staff. City Attorney Sonia Carvalho noted additional research is needed and would look at other categories if directed by council. Substitute motion died due to a a lack of second. Amended language: If a store has been already providing hazard pay ensure it is noted and review litigation pertaining to similar resolutions in other cities. Moved by Gouncilmember Phan, seconded by Mayor Sarmiento to adopt as amended Resolution No. 2021-007 to include discount language for employers who already provide hazard pay and review litigations in other cities that have similar resolutions.. YES: 4— Phan, Lopez, Hernandez, Sarmiento NO: 3 — Penaloza, — Bacerra, — Mendoza ABSTAIN: 0 ABSENT: 0 Status: 4-3-0-0— Pass City Council V— 14 2/2/2021 23. Public Hearing — Appeal Application Nos. 2020-03 and 2020-04 appealing the decision of the Planning Commission to approve Site Plan Review No. 2020-04 to allow construction of the Central Pointe Mixed -Use Development Project located at 1801 East Fourth Street (Property Owner. Park Center Santa Ana Associates L.P. and Applicant Waterford Property Company) Legal Notice published in the Orange County Reporter on January 8, 2021 and notices mailed on January 7, 2021. Continued from the January 19, 2021 City Council Meeting. Department(s): Planning and Building Agency Recommended Action: Resolution No. 2021-XXX —Adopt a resolution denying Appeal Application Nos. 2020-03 and 2020-04 and uphold the Planning Commission's approval of Site Plan Review No. 2020-04. MINUTES: Public hearing item 23 continued to the March 2, 2021 Council meeting at the request of all parties. COUNCILMEMBER REQUESTED ITEMS 24. (Revised, previously Item 23) Discuss and consider directing City Manager to direct staff to explore options for creating a Senior Advisory Commission and implementing a Senior Strategic Plan — Councilmembers Hernandez and Lopez MINUTES: Council supports with no objections and provided direction to City staff. MINUTES: City Manager Kristine Ridge announced that council will be having a closed session meeting to have an opportunity to identify priorities for the immediate future; and announced that a new Human Resources Director will start with the City on March 16, 2021. COUNCIL COMMENTS MINUTES: Councilmember Bacerra noted his monthly zoom meeting, February 16, 2021 at 10 a.m. to discuss city issues, and congratulated the 2020 Santa Ana Historic Resource Commission recipients. Councilmember Hernandez shared his priorities he plans to accomplish and adjourned in memory of Edith Guzman and Kenny Lau. Councilmember Lopez adjourned in memory of David Vazquez. City Council 1ffi— 15 2/2/2021 Councilmember Mendoza expressed condolences to Councilmember Hernandez and the Vasquez family. Urged community to continue to be safe. Councilmember Phan expressed condolences to the community. Shared that February 12t" is Chinese new year. Mayor Pro Tem Pena/oza expressed condolences to the families who have last a loved one. Mayor Samwento thanked staff for their assistance, and stated that Ad Hoc committees will be created to address several issues. ADJOURNMENT— Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Edith Guzman. 1. Amendment to Ordinance No. NS-2992 to be compliant with SB 225 2. Carnegie Homeless Shelter— Lease 3. Carnegie Homeless Shelter— Operator Agreement 4. Hero's Pay Ordinance City Council 115— 16 2/2/2021 MINUTES: Mayor Sarmiento Adjourned the Regular and Special meetings and convened to the Housing Authority tneeting at 11:32 p.m. Adjourned in Memory of Edith Guzman. Kenny Lau, and David Vazquez CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Chair Sarmiento called the Housing Authority meeting to order at 11 :32 p.m. Clerk of the Council conducted roll call. All Authority Members were present. PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Receive and file Quarterly Report for Housing Choice Voucher Program for October 2020 to December 2020 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice City Council 17— 17 2/2/2021 Voucher Program for the period of October 2020 to December 2020. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez to Approved. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 211 RX01 N90179wk I MEN 4 _.0_c L•1��'i 1 irLl�Y i s L•1:3 r r-a ��n � ��� t :� � :�d•7 ��� i ��� t � r �� ADJOURNMENT— Adjourn the Housing Authority meeting. MINUTES: Chair Sarmiento adjourned the Housing Authority agency meeting at 11:34 p.m. and reconvened to the Closed Session meeting at 11:37 p.rn. Mayor Pro Tem Penaloza adjourned the Closed Session meeting on Wednesday. February 3, 2021 at 1.03 a.rn. City Council U— 18 2/2/2021 I"" Minutes of the Special Closed Session Meeting of the City Council City of Santa Ana, California February 12, 2021 € 1111Y.Ti Virtual Meeting Due to Governor Gavin Newsom's "J" , 0 and the City Council's j :i om a, mn m w w, ao, " m, , there was no in -person meeting location for the community to attend public meetings. CLOSED SESSION — Special Virtual Meeting, 8:00 a.m. CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: • Mayor Sarmiento called the meeting to order at 8:03 p.m. and announced that the meeting is being conducted via teleconference. • Clerk of the Council Daisy Gomez conducted roll call. All were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento Cii (Ouaddilinutes 1 9-1 024YE12021 PUBLIC COMMENTS — Comments will be held during the beginning of the meeting for ALL comments on agenda items. Members of the public may only provide comment on items on the Special Meeting Agenda by: Email: Please email your comments by 7:00 a.m. for the Special meeting, to eComment(iDsanta-ana.ora. Comments received after the cut-off time will be published soon after the meeting as parl of the record as early as possible. OR DURING THE MEETING BY: Zoom Meeting: Please click on or type the following address into your web browser WE Conference Call: Dial (669) 900-9128 and enter MEETING ID: 968 7504 2515# when prompted. The public can begin joining the speaker queue at 7:30 a.m., prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press "6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). MINUTES: • None. • Mayor Sarrniento announced that council is meeting today in Closed Session to develop expectations and measurable strategic goals for the City Manager and her staff. • Council recessed into closed session at 8:12 a.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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — (Consideration of goals and objectives in relation to work plan evaluation criteria) Pursuant to Government Code Section 54957 Title: City Manager Cit y[O=Adilinutes 2 9-2 024YE12021 CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken immediately following the Special Closed Session Meeting. MINUTES: Council rcconvcncd from Closed Session and Mayor Sarmiento rcporicd out - ADJOURN ME NT— The next meeting of the City Council will be held in a virtual setting and is scheduled for Tuesday, February 16, 2021 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. MINUTES: Mayor Sarmiento adjourned the Special Meeting at 11.09 a.m. Ciil (Ouaddilinutes 3 9-3 024YE12021 "gym. Minutes of the Regular Meeting of the City Council City of Santa Ana, California February 16, 2021 Virtual Meeting Due to Governor Gavin Newsom's 1 r „1 „Bay r and the City Council's " „.„ o n I ,a n ,0 u w ,�c oc r, there was no in -person meeting location for the community to attend public meetings. CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza kdT, -TRT t NUM , David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:05 p.m. Clerk of the Council conducted roll call. All councilmetnbers were present. PUBLIC COMMENTS — Members of the public may address the City Council on items on the Closed Session Agenda may do so by: Comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items within the jurisdiction of the City, with the exception of public hearing items. Comments for public hearings will take place after the hearing is opened. I his is being done to respect the time constraints of residents who cannot stay tuned late into the evening to comment on items that they feel strongly about. City Council 1 10 — 1 24Y6/2021 Individuals who would like to comment on an agenda item or make a general comment regarding a topic not in the meeting agenda may do so ahead of the meeting by: Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as noticed for Special meetings, to eComment(a)santa-ana.ora. Comments received after the cut-off time will be published soon after the meeting as part of the record as early as possible. OR DURING THE MEETING BY. Zoom Webinar: Please click on or type the following address into your web browser https://us02web.zoom.us/j/315965149 m Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when prompted. The public can begin joining the speaker queue at 4.30 p.m., or 30 minutes prior to Special meeting. Once a caller has entered the meeting, they will be placed in a holding queue. Callers will be prompted to speak in the order received. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press '6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. To watch the meeting without participating via these remote options: • YOUTUbe LiveStream at v^ � v „,1„(V, n i+,i ,d % ,y ti ,, y • Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99 About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). MINUTES: No public comments on Closed Session items. 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): City Council 210 — 2 24Y6/2021 Agency Negotiator: City Manager Kristine Ridge Employee Organization: Santa Ana Police Officers Association (POA) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Santa Ana Citizens for Responsible Development V. City of Santa Ana. et al.. Orange County Superior Court Case No. 30-2019-01119794-CU-WM-CXC MINUTES: Coucilmember Phan recused herself from closed session Item 2, due to a conflict of interest. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Council recessed meeting to consider items listed on the Closed Session for discussion at 5:10 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council 310 — 3 24Y6/2021 MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 6:54 p.m. and convened to the Regular Open Session. MINUTES_ Mayor Sarmiento called the Regular Session meeting to order at 6:56 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Oath of Office (video) administered to Robyn MacNair, Arts and Culture Commission as the Ward 4 representative — Councilmember Bacerra 2. Oath of Office (video) administered to Isuri S. Ramos, Planning Commission as the Ward 3 representative— Councilmember Lopez 3. Oath of Office (video) administered to Irlanda Martinez, Community Development Commission as the Ward 3 representative — Councilmember Lopez 4. Oath of Office (video) administered to Ray Diaz, Youth Commission as the Ward 5 representative— Councilmember Hernandez 5. Certificate of Recognition presented by Mayor Pro Tern Penaloza to the Santa Ana CARES Team for Outstanding Contributions to the Community. STAFF PRESENTATIONS 6. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a COVID-19 update on, • Partnership with UCI to conduct antibody (serology) testing • Vaccinations (eligibility and appointment) and • Testing efforts for Santa Ana residents City Council 410 — 4 24Y6/2021 Chief David Valentin provided an update regarding community social distancing enforcement and education. Staff presented the Protect Santa Ana video. CLOSED SESSION REPORT— The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced that Council provided direction to staff and there was no reportable action. Councilmember Phan reported out her recusal to Item 2. due to a conflict of interest. PUBLIC COMMENTS: • Clerk of the Council Daisy Gotnez reported out on correspondence received. Gary Clifford with Athens Services spoke regarding Item 20. • Andrew Blankenship spoke regarding an order to vacate 316 W Fourth Street. • Sandra spoke regarding the order to vacate 316 W. Fourth Street. • Elizabeth Ramirez, Director of Government Affairs with Athens Services, spoke regarding Item 20. • Mike with Republic Services spoke regarding Item 20. • Dale Helvig spoke in support of Item 21, expressed concern with State Senate Bill 9 and 10 that deal with zoning changes as it pertains to four-plex and eight-plex units, and expressed appreciation for the continued work on addressing COVID. • Shcena Innoccnte expressed concern regarding 316 W. Fourth Street and the need for affordable housing. • Jim Smith, Political Coordinator with Teamsters Local 396. spoke regarding Item 20. • Vic Mendez spoke regarding the order to vacate 316 W Fourth Street and expressed concern with Item 18. • Alex Molinedo spoke regarding the order to vacate 316 W Fourth Street. • Perla Dionicio spoke regarding the order to vacate 316 W Fourth Street. • Albert Christy spoke in support of Item 21 and the need for safety. • Robert Podlesni spoke in opposition to CR&R being selected as the solid waste provider, Item 20. • Jose Del Leon spoke in support of Athens Services, Item 20. • Nathaniel Greensides spoke in support of the tenants of 316 W Fourth Street. • Mike Silva, Vice President of CR&R, spoke in support of staff recommendation City Council 510 — 5 24Y6/2021 regarding Item 20. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 18. 7. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 8. Minutes from the special meeting of January 7, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 9. Minutes from the special meeting of January 12, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 10. Appoint various boards and commissions members nominated by Mayor Sarmiento as the Mayoral representatives for a full term expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Richard Santana — Community Development Commission 2. Gabriela Hernandez — Personnel Board 3. Eric Alderete — Planning Commission 4. Joese Hernandez — Arts and Culture Commission 5. Andres Ramirez— Parks, Recreation and Community Services Commission — PurSuant to Senate Bill 225 6. Timothy Johnson — Santa Ana 2018 Measure X Citizen Oversight Committee 11. Approve the first amendment to the agreement with Shamrock Supply Company, Inc. to modify the scope of services to provide Central Stores non -inventory items under the existing terms of the agreement and allocate the annual amount of $50,000 of the total annual agreement amount of $750,000 for that purpose Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with Shamrock Supply Company, Inc. to modify the agreement to allow for the purchase of non -inventory items and allocate the annual amount of City Council 610 — 6 24Y6/2021 $50,000 of the total annual agreement amount of $750,000 for that purpose, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-019 was approved. 12. Award a blanket purchase order contract for zoo commissary produce to Sysco Los Angeles in an annual amount of $30,000 for up to four years with a total amount not to exceed $120,000, to be funded by the General Fund. (Specification No. 20-155) Department(s): Parks, Recreation, and Community Services Recommended Action: Award a blanket purchase order contract to Sysco Los Angeles for the purchase of zoo commissary produce for an annual amount of $30,000 for the period March 1, 2021 to February 28, 2022, with three, one-year renewal options for a total amount not to exceed $120.000 and any unspent and encumbered balance carried forward into subsequent fiscal years during the term of the agreement, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Approve a Purchase Order Contract Amendment to Increase the Aggregate Amount Allocated to the Public Works Agency by $163,808 for a Total Aggregate Amount Not to Exceed $1,777,548, for Office Furniture, Installation, and Related Services With the Established City Vendors (Specification No. 19-114) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a contract amendment to increase the aggregate amount allocated to the Public Works Agency by $163,808, for a new total aggregate amount not to exceed $1,777,548, for office furniture, installation, and related services with the established City vendors, subject to non -substantive changes approved by the City Manager and City Attorney. 14. Receive and File Quarterly Report of Contracts COVID-19 and Non-COVID-19 related up to $50,000 for Non -Public Works and up to $250,000 for Public Works authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts (COVID-19 and non-COVID-19-related) entered into between October 1, 2020 to December 31, 2020, valued at up to $50,000 for non-public works contracts and agreements, up to $250,000 for public works contracts and agreements and contracts and agreements related to COVID-19. 15. Award a purchase order in the amount of S129,400 to Galls, LLC for replacement of City Council 710 — 7 24Y6/2021 35 body armor protective vests for the Police Department (Specification No. 21-003) Department(s): Police Department Recommended Action: Award a Purchase Order to Galls, LLC for protective vests for the Police Department in the amount of $129,400, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Approve agreement amendment with Axon Enterprise, Inc. To provide additional body worn cameras and related equipment for the Santa Ana Police Department in the amount of $80,624.29 (Non -General Fund, General Fund) Department(s): Police Department Recommended Action: Approve an agreement amendment with Axon Enterprise, Inc. for additional Body Worn Cameras, related equipment, and operating licenses for the Santa Ana Police Department for the period of April 1, 2021 through June 30, 2022, in the amount $80,624.29, and amending the term end date to June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-020 was approved. 17. Appropriate $9.8 Million of Federal Emergency Rental Assistance Program Money Allocated from the Department of Treasury and Approve the Proposed Spending Plan (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment recognizing an allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $9,880,391.30 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) 2. Approve the proposed Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 3. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). Moved by Mayor Pro Tom Penaloza, seconded by Councilmember Lopez to approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 City Council 810 — 8 24Y6/2021 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass MINUTES: Judson Brown, Community Development Agency Housing Services Manager, addressed council regarding assistance with the application process, noted the program will be relaunched on March 1, 2021, and shared that their is on- going application process improvement. This consent Item - Agreement No. 2021-021 was approved. 18. Approve Agreement with Stradling Yocca Carson & Rauth for Pension Debt Refinancing Bond Counsel, Disclosure Counsel and Court Validation Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Stradling Yocca Carson & Rauth for legal services related to pension debt refinancing, for an amount not to exceed $154,500 including a contingency of $35,000 for the period February 16, 2021 through August 16, 2022 with an option to extend for up to one year subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Thls consent Item - Agreement No. 2021-022 was approved. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to approve Consent Calendar items with the exception of item 17.. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0 — 0 — 0 — Pass I BUSINESS CALENDAR 19. Receive and File Fiscal Year 2020-2021 Mid -Year Budget Update and Approve Mid - Year Appropriation Adjustments (General Fund and Non -General Fund) Department(s): Finance and Management Services Recommended Action: 1. Receive and file Fiscal Year 2020-2021 (FY20-21) Mid - City Council 910 — 9 24Y6/2021 Year Budget Update, including revised revenue estimates. 2. Approve the recommended Mid -Year Appropriation Adjustments. (Exhibit 2) MINUTES: • City Manager Kristine Ridge introduced Item 20. • Executive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. • Councilinember Lopez requested Measure X and Bradly Burns fund be separated on future reports. Moved by Mayor Pro Tom Penaloza, seconded by Councilmember Hernandez to approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 20. Authorize Negotiations With Solid Waste Services Proposers (No Fiscal Impact) Department(s): Public Works Agency Recommended Action: Authorize the City Manager or designee to negotiate solid waste services agreements with the top three proposers, CR&R, Waste Management, and Athens Services, and return with a final recommendation for Council consideration upon completion of negotiations. MINUTES: City Manager- Kristine Ridge provided a brief presentation. Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Approve with amended motion to include a fourth vendor and disclosure of labor practice from all vendors. Council supports and provided direction to City staff. Moved by Mayor Pro Tom Penaloza, seconded by Mayor Sarmiento to approve as amended to include a fourth vendor and disclosure of labor practice from all vendors.. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 City Council 100 — 10 24Y6/2021 Status: 7-0-0-0— Pass COUNCILMEMBER REQUESTED ITEMS 21. Discuss and consider directing City Manager to direct staff to research and bring to the City Council within 60 days an ordinance creating minimum security staffing standards for commercial shopping centers — Councilmember Bacerra MINUTES: Council provided direction to City staff. CITY MANAGER COMMENTS MINUTES: • City Manager noted the council received the Police Department's year-end report. • Announced Jason Motsick is a new Human Resources Director. • Noted owner of building located at 316 W Fourth Street is required to provide relocation benefits for tenants that are being displaced and city staff will be assisting. • Lastly, provided a brief presentation on Permit Parking. MINUTES: Councilmember Bacerra spoke in regards to expanding broadband service. Encouraged community to use MySantaAna app. Councilmember Hernandez spoke in regards to the mismanagement by the owner of the properly located at 316 W. Fourth St. and encouraged all to practice protective measures. Councilmember Lopez encouraged all to practice protective measures and noted that she can be reached at JessieLopez@santa-ana.org. Councilmember Mendoza provide Orange County Water District updates and asked that the respective minutes, https://www.ocwd.corn, be incorporated as part of the Council minutes. Requested to adjourn the Council Meeting on behalf former Orange County Sherif Sandra Hutchinson. Councilmember Phan encouraged all to wear two masks at all times and wished all a happy lent leading into Easter. Mayor Pro Tem Penaloza noted tomorrow is the beginning of lent and the opportunity to reflect. Mayor Sarmiento thanked staff for the presentations, spoke regarding the availability of vaccines. add Protect Santa Ana sianaae at vaccine and test sites. and spoke on the City Council 110 — 11 24Y6/2021 homeless encampment solution that will allow for service providers to assist. ADJOURNMENT— Adjourn the City Council meeting. 1. Amendment to Ordinance No. NS-2992 to be compliant with SB 225 2. Carnegie Homeless Shelter — Lease 3. Carnegie Homeless Shelter— Operator Agreement 4. Hero's Pay Ordinance MINUTES: Mayor Sarrnionto adjourned the City Council meeting at 10:22 p.m. in memory of Ex -Sheriff Sandra Huntchinson. City Council 120 — 12 24Y6/2021 Police Department https://www.santa-ana.arg/pd/ Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: 2020 Edward Byrne Memorial Justice Assistance Grant Funds AGENDA TITLE: Approve an Appropriation Adjustment and Agreement Accepting $90,36423 in 2020 Edward Byrne Memorial Justice Assistance Grant Funds (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $90,364.23 in the Law Enforcement Grants Revenue account (no. 12814002 52001) and appropriate same in the Byrne Justice Assistance account (no. 12814409 61040). 2. Authorize the City Manager and the Chief of Police to execute an agreement (Award 42020-DJ-BX-0773) with the Orange County Sheriff's Department for the period of October 1, 2020 through September 30, 2023, accepting the 2020 Edward Byrne Memorial Justice Assistance Grant program funds in the amount of $90,364.23, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Edward Byrne Memorial Justice Assistance Grant (JAG) program provides federal criminal justice funding to state and local jurisdictions. JAG awards are based on a statutory formula that equally weighs the City's share of violent crime and population according to statistics from the Bureau of Justice Statistics (BJS). JAG requires a single unit of county government to function as the applicant/ fiscal agent to apply for, receive, and administer the funds on behalf of the entire County. A memorandum of understanding designated the Orange County Sheriff's Department as the lead agency for this program that runs through September 30, 2023. Funding in the amount of $103,510 has been allocated to the City of Santa Ana for the 2020 JAG allocation. JAG also allows the fiscal agent for each county to use a portion of the award for costs associated with administering the funds. The Orange County Sheriffs Department will retain ten percent ($10,351) for administrative fees. The Orange County Sheriffs' Department as the lead agency will also retain 52,794.77 for the National Incident -Based Reporting System (NIBRS) set -aside as is required by BJA. City Council 11 — 1 4/6/2021 2020 Edward Byrne Memorial Justice Assistance Grant Funds April 6, 2021 Page 2 The remainder of the funds in the amount of $90,364.23 will be utilized by the Police Department for Officer and Professional Staff overtime to augment gang prevention and enforcement, ensure successful prosecutions of gang -related crimes, and enhancement of educational opportunities through schools, community associations, and neighborhood watch groups. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $90,364.23 in the Law Enforcement Grants Revenue account (no. 12814002 52001) and appropriate same in the Byrne Justice Assistance account (no. 12814409-61040) for the following fiscal years: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description FY 2020-21 12814409-61040 Law Byrne Justice Assistance $15,004.23 Enforcement —Salaries Overtime Grants Fund FY 2021-22 12814409-61040 Law Byrne Justice Assistance $75,360.00 Enforcement —Salaries Overtime Grants Fund TOTAL $90,364.23 EXHIBIT(S) 1. Agreement with Orange County Sheriff's Department Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 11 — 2 4/6/2021 Exhibit 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGt AND THE SHERIrr-CORONER TO DISTRIBUTE THE 2020 EDWARD BYRNE MEMORIAL FUND —JUSTICE ASSISTANCE GRANT "JAG" AWARD k2020-DJ-BX-0773 AWARD DAME: 9/18/2020 ACCEPTANCE DATE: 11/17/2020 1. Participants Participants hereto acknowledge the County of Orange as lead fiscal agent in charge of programmatic oversight and administration of funds and compliance over all eligible participant law enforcement agencies, hereinafter referred to individually as "Party" and jointly as "the Parties." 11. Purpose The purpose of this Memorandum of Understanding (MOU) is to support of the objectives of the Office of Justice Programs, expressly those identified as Priority Purpose Areas (PPAs) for the term of this award - Ill. Program Overview and Description of Project(s) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs: 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; S) drug Ireatrnent and enforcement programs; 6) Planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Tile County of Orange (Sheriff) will determine validity of each project included in the application City Council 11 — 3 4/6/2021 MIA0ORANDDM OF FJNDFRSTANDING Idl_TWT FN THE COUNTY OF ORANGE AND THE f2 1-O IU"1iW. -. JUSTICE COPIONE L. ASSISTANCE C;RAN'T,•JAG AWARD N2020-D1-F4M-0773 AWARD DA'rE: 9118/20ZO ACCEPTANCE DATE: 11./17/2020 and SuhSerputnl avdard5 IACi furlong; will hr used to support ❑itnioal jusfirs initiallve5 that fall milder orie or more of the illim.iHo p rof,,r ➢rn iro.is Avlvv Thu owarcl is subjeCI 1" ull hCrnl5 'AlW1 U1,1040kill',of Llrot riantdi d ddllllirif kraLivv acid Imam isl requrrrrIIwIlI , uulurling IN". IiIll ly ,obliliss+am of all fioanciaX and progfammatiC reports,. We 04141011 0f all IIII rim dudit f0diuhs, Mild 1111^ rnaillteilance of a minimum level of Cash -On - hand Should you not adhere t0 iheu requrrema its, you will be in violation off the term" of IIiis agrQPnlelit And the award wd1 he subjo(t IU Lul III iiwt loll 101 cause of ofheradministrative action as ap1wipriate. It* UNDFRS1r,Nf n PARI I FS 14 RI TO ACKNOWI FDGF THE Ttil_FIFPI OfFUNDS I= ROM 'IFII DLPARfMINI ftFJLJSTICF AND fRANSiFFR OF FUNDS FROM COUNl*Y 10 MUN'ICIPM GOVLRNMFNLS. COUNTY OF ORANGE �) ORANGI COUN 1Y SHER11-1DON BARNL'. on behalf of f COUNTY FHFCUTIVF OFFI('fR, FRANK KINK AUTHORI2f D SI ,:NATORY ORAN6F C_OUNTYSHF,.RIFF'S DH)ARTMFNT IINANCIAL/ADMINIS'TR.AIIVE SER'VICISOIVISION HNANCIAL DiIRf C IOR ALJTHOKIZFR SICNATORY SANTA ANA CITY SANTA ANA POLICL IDLPARIMIN'l CHIFFOF POLICE, DAVIDVALENTIN AUTHORlZFD SIGNATORY City Council 11 —4 A IST I)AIS'Y 60MV/ ('Iujk CmIlL61 A I'll ROV FD AS TO I.ORNI: "ONIA R. CARVALIV) ('11 iO'i[AN ��cmov Assislani City AtImacy (TINOFSANTA ANA KR f Yl I N F , RfD6Cite hlxtaaea;o City Council 11-5 4/6/2021 Public Works Agency https://www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Santa Ana Regional Transportation Center — Lease Agreement AGENDA TITLE Approve a Lease Agreement with Railworks Track Services, Inc. for Office Space at the Santa Ana Regional Transportation Center for a One-year Term with Twelve One -month Extensions for a Total Amount of $19,560 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute a site lease agreement with Railworks Track Services, Inc., to compensate the City $815 per month, with any partial month prorated at $27 per day, for the lease of 326 square feet of office space located at the Santa Ana Regional Transportation Center, for a one-year term beginning on April 6, 2021, and ending April 5, 2022, with an option for twelve month -to -month extensions, for a total of $19,560 in lease revenue for the entire term of the agreement, including optional extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment recognizing Fiscal Year 2020-21 lease income in the amount of $2,310 into the SARTC Operations, Rental-Railworks revenue account and appropriating the same amount to the SARTC Operations, Contractual Services expenditure account. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority (OCTA), interstate bus services, and in the future, the OC Streetcar. The facility is open to the public seven days a week from 5:00 a.m. to midnight and contains approximately 35,000 square feet of rental space, including ten bus bays. The OC Streetcar is the first modern streetcar project to be built in Orange County. It will service Santa Ana's historic downtown, which includes federal, state, and local courthouses; government offices; colleges; an artists' village; and a thriving restaurant scene. The OC Streetcar will operate along a 4.15-mile route that connects SARTC and a new transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. City Council 12 — 1 4/6/2021 Approve Lease Agreement with RailWorks Track Services, Inc. April 6, 2021 Page 2 OCTA is the lead agency for the OC Streetcar Project and selected Walsh Construction as the Contractor. Because of its proximity to the project, Walsh Construction approached the City to lease office space at SARTC and the City Council approved a three-year lease agreement with Walsh Construction at the end of 2018. SARTC quickly became a central hub for other contractors working on the Streetcar Project due to the close proximity to the project site and the availability of office space. One of those subcontractors, RailWorks Track Services Inc., has expressed interested in leasing 326 square feet of office space at SARTC. Staff seeks approval of the lease agreement, which will generate revenue for SARTC's day-to-day operations. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Approval of the site lease agreement obligates RailWorks Track Services, Inc., to compensate the City $19,560 for the term of the lease agreement including renewal options for lease of interior office space at the SARTC. Approval of the appropriation adjustment will recognize Fiscal Year 2020-21 lease income in the amount of $2,310 into the SARTC Operations, Rental-RailWorks revenue account (No. 06717002-53832) and appropriate the same amount to the SARTC Operations, Contractual Services expenditure account (No. 06717650-62300). The one-year agreement term begins April 6, 2021, and ends April 5, 2022. There is an option for twelve one -month extensions. The total anticipated revenue from this agreement is as follows: Fiscal Year Accounting Unit Fund Accounting Unit, Amount - Account 9 Description Account Description Public Works-SARTC 2020-21 06717002-53832 Enterprise Fund Operations, Rental- $2,310 (April -June) RailWorks Public Works-SARTC 2021-22 06717002-53832 Enterprise Fund Operations, Rental — $9,780 (July -June) RailWorks Public Works-SARTC 2022 23 06717002-53832 Enterprise Fund Operations, Rental — $7,470 (July -April) RailWorks Total: $19,560 EXHIBIT(S) 1. Lease Agreement with RailWorks Track Services, Inc. City Council 12 — 2 4/6/2021 Approve Lease Agreement with RailWorks Track Services, Inc. April 6, 2021 Page 3 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 3 4/6/2021 EXHIBIT 1 LEASE A(;12RIi;MFNP TI11S LEASE (the "Lease") is made as ofApt i1 6, 2021, by and between the City of Santa A tra,a charter city and municipal corpointion ("City-orr Tandlottl"),and RailWorks Track Services, Inc. ("Tenant"). City and fenant are sometimes individually refenred Was "Party" and collectively as "Parties." I. EX111131TS The following exhibits are attached hereto and incorporaled herein by i c tbrence: Exhibit "A" The Premises Exhibit "B" Additional Leak Conditions 2. PRI•,MISES: Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, upon tilee terms, covenants and subject to the conditions set forth herein, a portion of the property located at 1000 Fasl Santa Ana Boulevard in the City of Santa Ana, commonly known as the Santa Ana Regional hansportation Center (SARI C) Specifically, Tenant will be leasing the portion identified as Suite 100, consisting of approximately 320 square Feet of interior office space (hereinafter referred to its the "PRE M ISE?S" ). 'I cnant shall be. solely responsible at its own expense for Al improvements made to the Premises and obtain all necessary peewits. The Premises are more particularly described in Exhibit A. 3. COMMENCEMENT OF TERM: 'fie terra of this Lease (the "Penn") shall be for a period of one (1) year, which shall commence on April 6, 2021 (the "Commencement bate"), unless sooner terminated or extended as provided herein. 4. ADDTPIONAL I FASL CONDITIONS: Tenant acfohowledges that tin lease is subject to compliance with the additional lease conditions attaclaetl Ihereto as P;xhibit R. I'ltese additional lease Conditions are a material pail of this lease agreement and any defilult of these conditions will be deemed it major breach and will subject this lease to termination per the terms identified herein. 5. EXTENSION ITRIODS' Landlord shall have the right, but not the obligation, to provide Tenant the option to extend the Term for additional periods of one (1) month on the same terms .and conditions as set firth in thus Leask;, ask;, up to twelve (12) months total. Each option shall be agrced to in writing by the Landlord and Tenant prior io the expiration of the Term or any L-xtension Period then in eticct. Tf Tenant does not exercise its option to extend as provided herein, Tenant will be deemed it holdover Tenant and subject to paragraph 7 of this lease. The lease is subject to a Cmtsiuner Price Index (CPl) increase for any extension period. 6- RENT : (a) Beginning on April 6, 2021 tenant shall pay to Landlonl, as rent throughout the Ternn, the monthly snm of Fight Ilundred and Fifteen Dollars ($81 S.00) in advance, on the I st day of each calendar month and continuing through the life of thc'Fenn. Any partial month shall be, prorated at $27 per day. All payments of Rent and other sums clue to Landlord hereunder shall be made payable to "The City of Santa Ana" and remitted to: City of &nb�p; City Council &nbsp;12 &ndxsh;&nbsp:4 4/6/2021 cQnbsp, Santa. Ana M-13, 20 Civic Cenic] Plana, PO Box 1988, Santa Ana, CA 92702. A I.A IT CHARGI.OF I LN PCRCEN'I (10%) SHAI I fW APPLIED TO ANY PAYMkN I I ILREUNDhR DUF BU I UNPAID AT TER THt, 10... ul the month. (b) Landlord and Ten,ml. hcieby agiee that Rent Pot any I xmision Period, if the option for such is exercised, shall be subject to it CPI adjustment annually on the anniversary of the commencement date of the term hereof. 7. HOLDOVER: Tenant has no right to retain po,session of the Premises or any part thereof beyond the expiration or termuiation of this lease. Nothing contained herein shall be construed as consent by Landlord to any holding over by Tenant. Any holding over by "fenant of the Prcmiscs after the expirmion or termination of this Lease ase shall operate and be construet,l ns a tenancy from month to month subject to die teens of this Lease, terminable by either party upon thirty (30) days prior written notice to the other. 8. LANDLORDS S I ITLL (a) Landlord hereby covenants, represents and warrants to 'fenant that Landlord has fee simple title to the Premises and has the trill right and lawful authorily to make this L,casc. Notwitlistandiog anything c ulaincd herein to the cooneay, if 111crt; arc any liens, security inwrests, iestriction5, leases, enetunbianccs, encroachments, laws, ordinances, governmental rules or regulations, title rests ictions, zoning, endangered species or any other matters which in fact mterfeic will]'I enant's use of the Premises, then Tenant may terminate this Lease without owing any liability to Landlord. Landlord rovcnanis that so long, as Tenant is not i❑ monetary default as defrncd hcmundc, fenant shall have quiet and peaceful possession and enjoyment oP the Prenvscs, all impiovcnrcnts located thereon and of all easements, rights and appurtenances lhereunto belonging. 9. DELIVERY 01• POSSESSION UPON H:RM1NAHON OR UVIRATION OF 1 FRM. Tenant agrees to delivul to Landlord physical possession ofthe Premises upon the termination or expiration of this Lease in good condition except, however, ordinary wear and tear, damage by fire or any other casualty, or damage born any other cause unless- such other Cause is uilcly atuibulable to the negligence of I'enant. 10. ASSIGNMENT AND SU131.1'I 11NG: Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of Landlord. 11. TENANT'S RITAIRS, ALTIAB ATIONS AND FIXTURE S: Except for reasonable wear and will, I cuant al ices at I enan's expense to nxiununin the premises in good repair. sublcct to I..andloid approval„'fenant shall make and pay for any renovations, alterations, minor repairs (light bulks, etc.) and improvements to the Picnnses as 'I enant deems desirable and Tenant agrees that all such alterations and improvements shall be made in a good and worlonanlike manner and in such ldshiotn as not to diminish tine value oPthe building, and that no such alterations shall compromise the strucn,ral integrity of the Premises. All improvements, additions and alterations, shall be in accordance with applicable laws and at Tenant's own expense. 'I cram shall mdcaunify and defend Landlord I'm all liens, claims, or d tmaltes caused by remodeling, improvements, adchuons and alterations completed by Tenant. It shall be Tenant's &nb�p; Ciry Council &nbsp;12 &ndxsh;&nbsp:5 4/G/2021 &1lbsp, duty to keep the Prertuscs free a.ul clear ofall liens, claims, and demands for work pedimned, nzata ials turnished, ur operations corducted on the PICOnSCS at the request Of'I'enant. It is the responsibility of the Landlord to correct or repair defects identified by Tenant upon notice from the Tenant Landlord agrees to perform any such correction or repair work within fifteen (1 S) business days oT receipt of notice from Tennant, unless otherwise at;reed Am writing by both Parties. In the event Landlord f ins to correct, repair or maintain deftcis as rer,Iuested by Tenant. Tcnan[, upon (;ity's approval, may perform, directly or through a third --patty, the nu c( , any work and dwhict the Costs asockwil Amn the next IDonth's rent. henant I'ctams the nght to contract Willi outside entities to perform such repairwurl( in the event the Landlord is non -responsive or canna perform the repairs within fifteen (IS) business days, unless otherwise agreed to in writing by both parties On Surrendering possession of tbo Promises to Landlord at the expiration or Soorn:r termination of this Pease or any Exumsion Period, Tenant shall be requircd to rcunn the ptzrnrses in the same condition upon connnencement of lease except for normal wear and War. Tenant may paint the mtenor of the Premises and may aku paint, erect or authonUe the 111031lation of "a;mporary signs" in accordance wilt a sit hate plan that is pre „approved by the Landlord. Landlord shall not install or maintain or permit anyone other than ('errant to install to maintain, any .Signs on any par[ of the lUnmscs or widen the air space above the Premises during the Term or any Extension Period ol'this Lease. 12. MAINCk:NANCE.: Land ford shall provide at its own cost and cxpens janitorial semiees Air the Premises. Janitorial Supplies and services shall he provided on a five-darper- weck basis. 13.COMPLIANCP-WITIILAWS: Tenant MINI inakeandpay kirnonsuncunal nnprovemcnts and alterations to comply with all applicable laws, roles, regulations and ordinances of any anti all applicable governmental cntiues (the "(jovernmcntal Laws") applying to the physical condition of the Premises and the building located thereon and ansing solely tiom 'fcnanl:'s conduct of husincss. I n. U 1 11-11 IES: Landlord agrees to pay for all utilities furnished to the Premises and which are consumed by Tenant, during the Perin and any Extension period, including charges or assessments for water, sewer, gas, heat, electricity, icity, garbage disposal and trash disposal. 15. FSTOPPI1- CER I IFI( ATI:S: landlord and'[ enant shall, from time to time upon thirty (30) days' request by the other (hint not to exceed more than three (3) times in any given calendar year), execute, acknowledge anti deliver a statement, dated currently, certifying that this [,ease is tmntoditied and in full, linrce and effect (or, if rhea; have been modifications, that this Lease is in full effect as modified, and identifying such uwdificatiwns) and the dates to which be Rent have been paid, amd that no default exists in the ohwrvance ofthis Lease and no event of default has occurred and is continuing, or specifying each such default or event of del mh of Which Landlord or Tenant may have, knowledge, it being intended that any such statement may &nbsp; City Council &nbsp;12 &ndxsh;&nbsp:0 4/61021 1knbsp, be relied upon by Landlord's or'fcnant's met IL rdtccs, any prospective purchaser of the inter cst of Landlord or Tenant in their respective prcniiscs described herein. Ifi LNDI'MNI'LY: Tenant shall indemnify, defend, and hold harmless Landlord dTom and against any and all liability, Toss, damage, expense, and costs (including attorney's fees) due to bodily injury, including, death, to any person, or loss or damage (including loss of rue) to any property, caused by the negligence: or willfi,rl misconduct ofTcnant, its employees, representatives, or agents in connection with this Lcase. 17. INSURANCE: 'l'hroughcurt the Term or any Extension Peuod, Tenant shall maintain insurance as desa hbed below: a. Commercial General Liability htsur:nce: Commercial general liability nstu'ance Im injury 10 person (including de,uh) or damage to properly occurring widrin the. building arising out of the use and occupancy Ihereof by Tenant, it, licensees, employees, invitees, agents and custonicrs. The amoIIII s of insurance shall be; not le s than the following: single limit coverage applying to bodily and persgrral injury, includutg death resulting drerefiloilr, Will ptnl:terry damage, m the total amount of $2,000,000 per occurrence and $5,000,000 in the aggregate Such insurance shall (a) name the City, its oflicers, employccs, agents, volunteers Will representatives as additional iusured(s); (b) be primary and not couldbutoty with respect to insurance or self) insurance programs maintained by the City; and (c) contain Standard separation ofinsurelk provisions. b. Business aulomobile liability insurance, or eylutvalent dixm, with a combined sngde limit of not less than $5,000,000 per occurrence. Such insurance shall ulcladc coverage forowned, hired and non -owned automobiles- C . Worker's Compensation Intuemce. In accordance with the provisions of Section 3300 of the Labor C;odc, Tenant, il'Tenant has any employees, is required to be insure d against liability for worker's coniperrsatic'm 01-10 undertake self-insurance. Prior to comrnencirl; the performance ofthc work under this Agreement, Tenant agrees to obtain and maintain any employer's liability insurance with omits not less than $1,000,000 per accident. d. property Insurance. Tenant shall maintain not Icss than $1,000,000 hire; Legal liability on all real property being leased, including improvements and betterments owned by the Landlord, and shall name the Landlord as a loss payee. Tenant shall also provide fire Insurance on all personal properly contained within or on the leased premises. The policy must be written on an "all risks" basis, excluding earthquake and flood, f}tc Tenant shall name. the I., andlord as additional insure& e. lutcanrption of Businc ss Insurance I'enant shall, at its sole cost and cxpenNe, rnaintaiu business interruption insurance by which the miuimunt monthly rent will be paid to Landlord Ibr a period of up to (I ) year if the premises are destroyed or rendered &nb�p; City C:OL ne-II &nbsp;12 &ndxsh;&nbsp:7 4/G/2021 cQnbsp, inaccessible by a risk inswed against by a policy of samdard tiro; and extended covesgQ insurance, with vandalism and malicious rcrischief endorsements. 1. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: i. If life "feuant maintains bn7ader coveragc and/or higher limits than the minimums shown above, the Landlord shall be entitled to the broader coverage aftdlor higher limits maintained by the Tenant. Any available insurance proceeds in excess of the specified minimum hnuts of insurance and coverage shall be available to the landlord. J. Tenant shall maintain all insmance required above in full force and effect for the entire period covered by this Agreement. ill. Certificates of insurance shall be furnished to the landlord upon execution of this Agreement. iv. Certificates and policies shall state that the policies shall not be cancelled or reduced ill coverage or changed in any other material aspect without Thirty (30) days prior written notu c to the Cfry, except fin' 10 days, notice for non-payment ofpremiuor. v. 11' 1 enam f,uk or refhses to produce or ntaiutaio the insurance required by this section or fails or fetuses to furnish the Landlord with required proof that insurance has been procured and is in once and paid for, the. Landlord shall have the right, at the Landlord's election, to forthwith terminate this Aggreement as provided herein. 18. DAMAC BY ('ASUAL:IY (a) In the event of a Tire or other casualty in the premises, Tenant shall immediately give notice thereof to 1_audlord. (b) if fire Premises, through no fault of Tenarn, its agents, employees, invitees, or visitors, shall be partially destroyed by fire or other casualty so its to render the Premises untenaomh1e as reasonably determined by Landlord, Rent shall abate in proportion to the percentage of square fhotaf, c of the Premises rondercd unusable until such time as the Premises are made tonantable as reasonably determined by Landlord. 'I lie entire Premises shall be made tenantable by Landlord's diligent repair within sixty (60) days hollowing the fire or casualty incident. (c) Except where Landlord is not obligated to repair or rebuild the Building or the Premises, Landlord will use due diligencee to repair or rebtfild [he same (except that Landlord will have no obligation to repair or replace any alteration, addition, of improvements to the Premises other that the 1 umi f It oprovements installed at Landlord's expense which will be repaired only to the level of Building Standard huprnvemerns). &nb�p; C:iry C:OunCil &nbsp;12 &ndash;&nbsp:S 4/6/2021 &nbsp, (d) ht the event of(i) the total (leshuction of the PIenIiscs, (it) the partial dcstt notion of the premises or the Building where the same is so damaged that it cannot, in Landlord's reasonable opinion, be rcpancd within sixty (60) days of the occurrence of such damage, or (iii) damage in, destr-uction as it tesult o'fany casualty for which insurance JIMMY; aree not available to pay 100%, of the cost of repair or rebuilding, Landlord will have no obligation to repair or rebuild the Premises or the Building. Landlord will make its determination whetlter to repair or rebuild within sixty (60) days of occurrence of such damage or cicstruction. Upon notification to Tenant of Landlord's decision not to repair or rebndd, this Lease shall terminate. to such an event l'enant shall be icinbuised by Landlord any rent monies transferred hour Tenant to Landlord during this sixty (60) day period within fourteen (14) days alter the ienninwinn of the lease. 19. 1-:MINI;XI DOMAIN: (a) It (i) all or part of the Premises, the building located thereon, or (it) so much of any rights in the Premises otthe buddirip located dicrcon shall be taken or appropriated tinder any right of eminent domain or under any other legal right whereby the taking authority in obligated to compensate Landlord therefor so that there does not remain premises suitable in the sole opinion of Tenant tier the operation of us business, then Tenant may terminate and cancel this hvmc without owing any liability to Landlord as of the (late on which the condemning authority takes physical possession upon giving to Landlord written notice of ,such election. Landlord agrees i umediately within ten (I M days after any notice of intended or actual taking or appropriation to give Tenant written notice thereof, providing to Tenant full details of such taking or appropriation, including„ without limitation copies of all condemnation plans or surveys submitted by tlrc cottdunning authority, a statuneut of the itanue of the project to be cmWucwd by the condenntwg authority, and such other information as might tic necessary to enable Tenant to determine its future course of conduct. TENANT ACKNOWLEDGI'S TIIA'T LANDLORD'S I:Xl,'RCISI? 01, ITS RIGH'I TO'1'FRMINA'TL TllIS LEAST UNDER ANY THIS PARAGRAPH SHALL NOT ANY RIGHTS OR CLAIMS FOR RELOCATION RF.NL'FITS OR ANY OTHER CLAIMS RE! ATED '1'0 CONDhMNATION OR INVERSE, CONDFMNA"PION. (b) If this Lease shall be wirri i mled and canceled as it result of any taking or appropriation,'fenam shall he released from any further liability and Rent and other suns: far the last month of Tenant's occupancy shall he prorated and Landlord shall innnediately refund to 'tenant any stuns paid in advance. (c) I errant reserves unto welt the right to prosecute Tenant's chin for an award for damages for be termination of this Lease caused by such appropriation or taking, together with damages based on the value of 'I riMs improvements and Tenant's fixtures and other personal property erected or tnsnalkil on the, Pteurtses and damages Truant may sustain to the interest in the business operated by Tenant on the Premises, including, but not limited to, goodwill, patronage, and the removal, relocation, and replacement costs and expenses caused by such (appropriation or taking, and Tenant may file such claims as are permitted by law for the loss of its leasehold interest, business dislocation damages, moving expense, or other damages &nbsp; City Council &nbsp;12 &ndash;&nbsp;o 4/61021 cQnbsp; caused by such taking of appropt Cation. 'Tenant's right to receive compensation or damages ba its fixtures or its personal property shall not be atfectcd ill arty manner by this Lease. 20 LIENS: Tenant shall promptly remove and discharge, at its cost and expense, all mechanic's Bens, or other liens, fix labor pet formed or materials finIII shed with rrsped to the premises by or fog- Tenant. 2L PARKIN(; ARM: (a) All those portions of the SAR IV which are not presently occupied by buildings :and which are designated pill king spaces within the parking structui-e shall be available lot use by Tenant and 'I agents, employees, customers and invitecs for packing and access to the public suecis and highways (the "Parking Area"), "Tenant acknowledges that Landlord has entered into an agreement with the Orange County 'I ransportation Atnhority for the operations of the OC SOectcai at SAWI C, which is under construction. Such operations may affect the number ofparking spaces available at any onee time. though it is not possible to detcrinine the precise effect at the time of this (..ease Snr filer. parking; Lots I and 2 allow up to 72-hour parking- Landlord will provide parking passes to identity all Icnant vehicles parked at SARTC at no cost to Tenant. If [lie parking structure ai SAIL tC is full, Tenant and 'I agents, employees, customers and invitees must use the sill face lots at SARTC. 22. TENANT'S DITAUI I': (au) I1 "Tenant shall dclault in paynterrt of Rent, when due, Landlord shall forward written notice, pursuant to Seetion'22, ofsuch deftwlt to Tenant, and the failure Of 'I errant to cure such default within seven (7) days after the date of receipt ot'such notice shall, at the sole option of Ltmdlord, Cause the termination of this Isase. (b) 11 Tenant shall default in the perfiormance of any other terms of provisions of this Lease, and if l andloi d shall give to Team written notice, pursuant to Section 22, of such default, and it"] enant shall fail to cure such detiault within thirty (30) days after receipt of such notice, Landlord at its sole option, shall cause the termination otthn lease hnmcdiately. 23. 1 IAZARD(N IS SUBS LANCGS: (it) As used herein, the lean "Iazardous Substances" shall mean, without hmivation, any substance that is biologically or chemically active of any hazardous, toxic, or dangerous waste, substance (including, but Oct limited to, Icad-based paint, asbestos or pciroleuut derivative substances), or material defined as such in (or 1Dr purposes ot) (i) any state, federal or local cnvrronnaen[al laws, interpreuvc letters, regulations, decrees or ordinances, (it) the Conyxehensive Cnviionmemal Response, Compensation and Liability Act, as amended, (Ili) the Resource Conservation and Recovery Act, (iv) any of the state of local "Superr Fund.."Segtcr lien" or "Cleanup Lien" laws or (v) any othu- federal, state or local statute, law, ordinance, code, rule, interpretive letter, regulation, orderoi decree regulating, relating to or imposing liability or standards of conduct concerning any such substances or materials or any amtendmcnts or successor smimes with respect to any of [he fotcptoing+,. (b) Durinl, fire Terni of this Lease, Tenant represents and warrants that no Hazardous Substances will be scored on the premises and no Hazardous Substances will be discharged on the premises by Tenant. 'tenant ligices that such representations and warranties shall survive any termination of this lease, and Tenant agrees to indemnify and hold harmless Landlord from any &nbsp; Cory CuunOil &rihsp:12 &ndash; lnhsp;10 4/6/2021 &II)Sp, and all cons, expenses, claims and damages, including, but not fimtted to, attotrnys' fees and costs of rcmediation, arising froze Tenant's breach of any of the representations and warranties cttttaincd in this Sanction. 24 NOT I( F: Any notice, tender, demand, delivery, (n-Whct communication pursuant to Ihis Ix ase shall be in writing,; and shall be deemed to be lit operly given if deIivercd in person or mailed by lust class m certified rl postage prepaid, to the following persons. TO TENANT: 'ro cnx ____ RZtilWorks Track Services, Inc. Public Works Agency Attn: Einesto Rivera City of Santa Ana 12740411 Acland Road 20 Civic Center Plaza (M-21) Santa Fe springs, CA 90670 Santa Ann, California 92701 Attention: [wouive Dircctorof Public Works Agency AND Clerk of Council City of Santa Ana 20 Civic Center Plaza (M29) Sawa Ana, California 92701 A party may change is address by giving notice in willing in the other party at least 15 days prior to the effective change. Thereafter, any comnnmu;ation shall be addressed and transotitted to the new address. If sent by mail, connnunication shall be effective or deemed to have been given three (3) days after it has been deposited ill the United States mail, duly regisicred or certified, with postage prepaid, and addressed as set Ruth above. for purposes of calculating these time frames, weekends, tedctal, state, County or C ity holidays shall be excluded. 25 USE: Fot the purposes of this LU6e, Tenant's intended use of the 11 e miser; is su icily for office space. No other use Who Premises shall be per matted wnhow written consent of Landlord. 26. GENERAL PROVISIONS: (a) This Lease (and the (ioctuueuts teteraed to herein) constitutes Te entire agreenaerrt between the patties pertaining to the lease of Suite 106 cotnnined herein and supersedes any and all ptioi and conternpotanc<ms agreements, representations and understandings, oral or otherwise, between or among the parties wit respect to the mattct s cowa ned herein. (b) Landlord agrees to turn over the Premises is clean, good condition and in working order. (c) This Lease shall be binding upon, and inure to the benefit of, the, parties hereto and their respective hears, legatees, distributes, let?,ul iepresent:,ativcs, successors and assigns. &nbsp; City Council &nhsp:12 &ndash;lnhsp;11 4/6/2021 Awlisp, (d) "This Lease shall not be modified, amended or sttpplcmentcd, in whole or part, without the prior written consent of all parties hiaeto. Bach and every waiver of any covenant, mepm esenlation, warranty or ally other provision hereof nwst be in writing and signed by each party whose uuerests are adversely affected by such waiver. No waiver granted in any one; instance shall be construed its it continuing waiver applicable in tiny other instance. (e) Ifany lej.;`.al action or otherproeeeding is brought to] the enforecinent hereof, or because of an alleecd dispute, breach, default of misrepresentation m connection with any provisions hereof, the successtitl or prevailing patty or parties shall be entitled to recover reasonable and necessary attorneys' fees, court costs and all reasonable and necessary expenses even if not taxable as court costs (including, without limitation, ,,ill such fees, costs arud expenses incident to appeals), incurred in drat action of proceeding, in addition to any other relief to which such parlay or parties may be crftitled. (t) This Lease ase shall be governed by the internal laws of the State of California Without regard to and excluding its principles ofconflicts of laws. (g) The pa dies iurtbe f agree that upon request, they shall do such fuuhcr arts and deeds, and shall execute, acknowledi2c, deliver and record such other documents and instruments, as may be icasonably ncccssary fion tine to time to evidence, confirm rn' ciltry out thee intent and purposes ofthis Lease. (11) Unless the context in which used clearly requires another construction, throughout this Lcase, the masculine gendef shall be deemed to include the neuter of feminine or both, the neuter gender shall include the masculine or both, and the singtilar of tcnm shall Include the plural and vice versa The section headings are for convenience only and shall not affect the construction hcreot. (i) If any one or store oI'tIle provisions he.reol'sludl for any reason be held invalid, illegal orunenfixceablc. in any fe,pect, such invalidity, illegality of futenforocability shall not affect the: validity of cuforceability ol'any other provision hereof, which shall be construed as if such invalid, illel„al or unenforceable provision had never been contained herein. The patties intend that ifany provision hereof is Capable o I' Iwo consn'uctioils, one of which would render the provision void and the other of which wont(] render the provision valid, then the provision shall have the meaninpt which renders it valid. (j) Tine is of the essence in the performance of each p nty's respective obligations. (k) This Lease may be cxeaned simultaneously in one or more counterparts, each of which shall lie deemed an original, but all of which taken together shall consntute one in the sane instrument, and it shall not be necessary that any simile connicf-matt bear the signanues of all parties. (1) Unless expressly stated to be exclusive, no icnnecty conferred herein shall be deemed to bee exclusive of any other remedy confene'td limin or any other remedy now or hereallei available at law or equity. All renfedies conferred herein, and all remedies now or &nbsp; Cify (Atoned &nbsp;l2 &ndash;&nhsp;1^ 4/62021 &II)Sp; I ereafter available at law or equity, shall be decnred to be cmmnlative and not alternative, and may be enforced concurrently of successively. (m) All provisions ofthis Lease shall he consigned as covenants and agreements where nsed in each separate provision he uW and shall bind and inure to the beucht of the parties hereto, their respeoivt hrir s, lcltal represeNatives, succ t s,,otss and assigns. (rr) All periods of iime shall include Saturdays, Sundays and legal holidays; provided that, if the last clay to perform arty act or give notice hills on a Satuuliry, Sunday or legal holiday, then such act or notice shall be wooly perfor orcd if given on the neet urcccediug busirri-ss day. (o) Any holding over by Tenant of the. Premises after the expiration or termination of this Lease shall operate and be constned as a tenancy fiom month to month on all terms of this I ease, terminable by either party upon thirty (30) days prior written notice to the other. (p) Nothing contained in this Lease shall be deemed or consh Lied by the patties hereto or by any third party to create the relationship of principal and agent or of patincrship or ot'joint venture or o1 any association between Landlord and "Levant, and np provision contained it, this Lease nor any ad,s of the patties hereto shall be dccntol to create any relationship between Landlord and I errant other than the relationship of landlord and tenant. 2.7 LANDLORDS RI'PRLSENTATIONS: Landlord hereby covenants wanarM and rcptescntsto Icaantthat: (a) Landlord has the sole right, legal power and authority to enter into this Lease (h) All required actions have been taken and satisfied by Landlord to authorize the execution and perfo nrance of this Lease. No other proceedings or actions on the part of Landlord are necessary to authorize this Lease or to cony oin the transactions contemplated hereby. l ]its Al,grectnent constitutes the legal, valid and binding obligation of Landlord eriRweeable against Landlord in accordance with its terms. (c) The individual(s) cxa lima; this Lease, on behalf of Landlord, has (or have) the full light, legal power and actual authority to bind Landlord to the terms and conditions hereof. [Signatures on the following page] &nbsp; C;iry council &nbsp;l2 &ndash;&nhsp;l3 4/6/2021 Aubsp, IN W 1 I'NESS WI1I RLOI , the panties hetito have caused this Ag,iument to be executed by and thn>ugh their authorized officers the clay, month and year fits[ written abovc. ATTEST: CITY OF SANTA ANA DAISY GOMFZ Kristine Ridgc Clerk of the Council City Manager APPROVED AS TO FORM RailWorks Track Services, Inc Sonia R. Carvalho City Attorney lIy � D SC IdA (utyAunut<; 1 nl� tkp« T s I cy lti n t�£ p Y Y y t e (MCOMMENDED FOR APPROVAL NABIL SABA, IT FACc,uivc Dirc;ctor Public Works Agency &nbsp; City Council &nbsp:12 &ndash;lnhsp;14 4/6/2021 &1I)sp, EXI1IIII I A __ PREMISES 12 &nb, p; city cuunOil &tilisp; 12 &ndxsh; lnhsp;15 4/6/2021 &II)Sp; EXHIBIT A lE I'1J fvlISE�, SARTC — Suite 106 LICENSE AREA &nb, p; C,IIy C 0ki n,;I I &tilisp:12 &ndxsh; lnhsp;10 4/6/2021 &II)Sp; EXHI61T 13 ADDITIONAL LEASE, CONDITIONS • SA N' business hours arc seven days a week 1}om 9AM to m (it light and these is on -site srcr,irily 24/7. 11 tenant nerds to access tenant space dimp non-busmcss hours dtcy wdI need to contact the Security guard on duty at 657 2369293 or 657-236-9266. Tenant must piovgle SARIt. Property Management 01 1ice with it point of contact list regular business horns and after hours. 13 &nbsp; City C(JunOil &-t sp; 12 &ndash; &nhsp; 17 4/6/2021 &II)Sp; Public Works Agency https://www.santa-ana.org/pw Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Baker -Glenwood Sewer Main Upgrade AGENDA TITLE Approve an Appropriation Adjustment, Approve an Amendment to the FY 2020-21 Capital Improvement Program, and Award a Construction Contract to Big Ben, Inc. in the Amount of $707,733 for the Baker -Glenwood Sewer Main Upgrade Project with an Estimated Total Delivery Cost of $920,053 (Project No. 21-6446) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $920,053 from prior year fund balance in the Sewer Connection Fee Fund, prior -year carry forward revenue account and appropriate the same amount to the Sewer Connection Projects, Improvements Other Than Building expenditure account. 2. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $920,053 in construction funds for the Baker -Glenwood Sewer Main Upgrade. 3. Award a Construction Contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $707,733, for construction of the Baker - Glenwood Sewer Main Upgrade, for the term beginning April 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and City Attorney. 4. Approve the Project Delivery Cost for a total estimated construction cost of $920,053, which includes $707,733 for construction contract, $106,160 for contract administration, inspection and testing, and $106,160 for project contingency. DISCUSSION Public Works staff monitors the condition of sewer main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The Baker -Glenwood Sewer Main Upgrade project is required to maintain effective operations of the City's sanitary sewer system in the Baker -Glenwood neighborhood (Exhibit 1), by replacing existing deteriorated and over- capacity sewer mains, and related sewer assets (Exhibit 2). City Council 13 — 1 4/6/2021 Approve an Appropriation Adjustment and Award a Construction Contract to Big Ben, Inc. April 6, 2021 Page 2 The sewer system improvements will include approximately 1,500 linear feet of new 10- inch polyvinyl chloride sewer main, sewer laterals, sewer maintenance holes, asphalt concrete pavement, striping, and concrete driveway approaches. Once completed, these improvements will eliminate sewer main obstructions, reduce sewer maintenance requirements, enhance sewer flows, and prevent sewer system overflows. In addition, the improvements will enhance ride quality on these streets and surface drainage. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on December 22 and December 23, 2020. The project was also advertised on the City's web -based electronic bidding system, PlanetBids, from December 17, 2020 through January 21, 2021. Bids were received electronically via PlanetBids on January 21, 2021. The City notified a total of 495 regional vendors via PlanetBids, 17 of which are Santa Ana based. Sixty-nine vendors requested bidding documents, and a total of 13 bids were received. Bids were not received from any Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Big Ben, Inc. Irvine $707,733.00 2 Excel Paving Co. Long Beach $917,245.00 3 Mike Prlich and Sons, Inc. Baldwin Park $1,003,209.00 4 Aid Builders, Inc. Los Alamitos $1,019,566.05 5 CHI Construction Anaheim $1,020,937.00 6 MNR Construction, Inc. La Verne $1,027,346.60 7 Ramona, Inc. Baldwin Park $1,063,993.00 8 SRK Engineering, Inc. Escondido $1,091,661.00 9 GRBCON, Inc. Baldwin Park $1,172,786.20 10 TE Roberts, Inc. Orange $1,180,029.40 11 Clarke Contracting Corporation Lawndale $1,233,728.00 12 Colich & Sons L.P. Gardena $1,376,373.00 13 Tomovich & Associates Pico Rivera $2,115,339.00 A total of 13 bids were received and all were deemed responsive. Big Ben, Inc. submitted the lowest responsive base bid in the amount of $707,733 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Big Ben, Inc. in the amount bid (Exhibit 4). City Council 13-2 4/6/2021 Approve an Appropriation Adjustment and Award a Construction Contract to Big Ben, Inc. April 6, 2021 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total construction delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection encompasses construction management; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality, and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $920,053. Construction Contract $707,733 Construction Administration, Inspection, and Testing $106,160 Contingencies $106,160 ESTIMATED CONSTRUCTION DELIVERY COST $920,053 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-12 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $920,053, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the appropriation adjustment will recognize prior year fund balance in the Sewer Connection Fee Fund, Prior Year Carry Forward revenue account (No. 05517002-50001) and appropriate the same amount to the Sewer Connection Projects, Improvements Other Than Building expenditure account (No. 05517660-66220). All funds will be available for expenditure in the Fiscal Year 2020-21. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2021-22 for expenditure. The following [able summarizes [he funds budgeted to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit, Year Account No. Description Account No. Description Amount Project No. 05517660-66220 Sewer Sewer Connection 2020-21 (21-6446) Connection Projects, Improvements $920,053 Fee Other Than Building Total $920,053 City Council 13 — 3 4/6/2021 Approve an Appropriation Adjustment and Award a Construction Contract to Big Ben, Inc. April 6, 2021 Page 4 EXHIBIT(S) 1. Location Map 2. Construction Plans 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 13 — 4 4/6/2021 EXHIBIT 1 NOT TO SCALE PROJECT LOCATION SMITA MIA CITY COUNCIL PROJECT NO. 21-6446 �� P� ACENOADATE BAKER-GLENWOOD T,To,T Ify Council I SEWER 7CIV2i ),in NIV W TJ3M3S OOOMN3'JO-2J3> V9 gl Vg-LZ ON 103f'OHci 4 a d rl xp rJ � rHri; r i r � H5 rr h e, , v T Ji,r Ti rrWnn V O < g 7 N fig CO r' Z Lu p�?CQC�- r, C U uj W j L U W r $ " _ O mwa a a U � , � r h "{ r « � U u� Cn F rn e � r _ (6U 1ddH5 ]d5) : - z w f - 0000 (,;Ij 133HS 33-) 0 tI V 4Nl IHJ IOW 3 g go ta W-5 V I INI 11 lj VA =iC1VNF)rin NIVW t-I=iMaS CIC)Ci/AN=r1F)-t-I=i)iHfl 9W9-LZ ON I:)9fONri LU - _ w w U ZVIm z.r 3D L9 i Chu O _ u 1 t Z a i LLJ J ~ F < w 4 75 I ZZ m C l � A S a CC [ x 92. i _ Q Q Z, W W = W a = � € 4 O W W Z a � � � QW Yr a� - 3 G A A 2 - 4 1 2~ =) W 2 _ W fn =iclv�iF),in Nivvm,,,i=i/kA=is ncicvAN=rlF)-,.,i=i*mvFi q"q-LZ ON 1:)=IrC)'Ai / 0 of ) OW D- o z IN] /� \�} } :�: ! § \dq \ ; . I I HN.11 I In 7 yj \ It 35-- ":-A I? 11 3- 1 C) C) C Al Al CITY OF SANTA ANA Addendum One SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA III X901351 REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Mobilization/Demobilization (No I LS $ $ More than 5% of Total Bid) 3 5,_ pa o 3 0 o O r 2 Remove Existing Sewer Main and 1,450 LF $ $ Construct 10" PVC SDR-26 Sewer Main 3 Construct 4" or 6" PVC Sewer 30 EA $ $ Lateral and Cleanout (Open Trench) 3, & o �r —t, O 0 -0 4 Construct New P.C.C. Sewer Manhole City Sid. Plan 1201 4 EA $ /0 000 $ Y00 0 per 5 Core New Sewer Connection Into I EA $ $ Existing Manhole Structure I ar 000 1 a/ 00-0 6 Remove Existing Manhole Structure 4 EA $ $ a/00� 7 Sewer Flow Level Monitoring & Alarming Device 2 EA $ 9,000 $ ar 0 o-p 8 CCTV Inspection of New Sewer Main 1,450 LF S / O $ I 9 CCTV Inspection of New Sewer Lateral 30 EA $ ayo $ 7,aoz) 10 Bypass Pumping of Existing Sewer Flow 1 LS $ $7r �fl i7 I 1 Furnish and Install Traffic Loop Type D I EA $ 100 $ �( O ro 12 Furnish and Install Traffic Loop Type 3 EA $ / �'7 I $ p D I 13 Asphalt Concrete (AC) Pavement 310 TN $/ a ­ $3S S0 I/ City Council 1 13 — 14 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE Item Description Qty Unit Unit Price Amount 14 Asphalt Rubber Hot Mix (ARHM) 610 TN $ $ 76,S-0 a 15 Asphalt Rubber Aggregate Membrane (ARAM) 5,380 SY $ 13• co $ 6 p, �'D 1a ! 16 Cold Milling (T=3") 48,420 SF $ p.vo $ Iq, 36� 17 Unclassified Excavation 7 CY $ 60D $ Y,ao n * 18 PCC Cross -Gutter (Residential Streets) 240 SF $ lS o S 3, 6 a D *19 Construct 6" Thick PCC Driveway Approach per City Std_ Plan 1112 60 SF $ y0. 0,0 S Case 2 *20 Adjust Water Valve Frame and Cover 11 EA $.750 Sg'aS-D *21 Additional Potholing (ArNecded) 10 EA $1/00 S 1, D o 0 22 Signing and Striping I LS $ 3, 75' o , 7 so 23 Traffic Control I LS $ $ lSoo 0 24 As -Built I LS $ 25,000 $25,000 City Council 2 13 — 15 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE TOTAL BASE BID s 7Q7/ 733, Oa 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. 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 fourty-five (45) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name of Film Signature of BI: Title hr? s (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.) City Council 13 — 16 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 seat noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of 1311 Title ?re Si de., 1 (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.) City Council 13 — 17 4/6/2021 n CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAILER-GLENWOOD SEWER MAIN UPGRADE 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: Business Address: `/ 7 9 t7 r r �� &�Y�. #ps = `! `/,_� r^v in e Cfi 9a�aa Business E-Mail Address: Se- o @ b i Al 4 . Caa+, Telephone: /�1 9— 6 6 0` 961o o v State Contractor's License No. and Class: 7 7 q ttY y ` License Expiration Date: X a State Dept. of Industrial Relations (DIR) Registration No.: 1 0 0 0 0 o 7 Y 6 6 State Dept. of Industrial Relations (DIR) Registration Expiration Date: :Z d6 /3 0 Signed: Title: � re r i 14r, f City Council Fj 13— 18 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE PREVAILINQ 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. NameofFirm 91 G Re.. &4lAeeriha. Signature of BIDDER Title (if an individual, so state) City Council 13 — 19 4/6/2021 0 CITY OF SANTA ANA PROJECT NO. 1 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE QWNBRSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ) ) SS: ) being duty sworn, deposes and says: ng the foregoing proposal: co -partnership Firm designated as: ❑ INDIVIDUAL ❑ PARTNERSHIP CORPORATION []JOINT VENTURE That he/she is the puny MaL That he/she is a member oft and who has been and is duly for the co -partnership by: who constitute the other met That he is of, a Corporation which is makit That he is of one of the parties mailing d been and is duly vested witt parties making said bid who vested with the authority to make and execute instruments ibm of the co-parm ership. p . e IA g the (foregoing proposal: i I eforegoiug propoaai as a joint ventam, amd the helxhe has the authority to execute instruments for an on behalf of the : that such a bid is genuine and not collusive or s 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 con( for If or any other persml. Signature of Bidder Subscribed and sworn to before me this day of 20 :2-/ Signature of officer Administering Oath (Notary Public) �SUNGHYE Y. KIMY. KIM ` Cottie. L 23ALIFO N 9 a toraxr PUBLIC aau UI NY COMM. EMP. JULY 13. 2024� City Council 7 13-20 4/6/2021 CITY OF PROJECT BAKER-GLENWOOD KNOW ALL PRESENT that, Markel Insurance are held and firmly bound unto the CITY OF SAN men percent of amount bid Dollars ($ 1 of the total amount bid by BIDDER to AGENCY which sum, BIDDER and SURETY agree to be presents. THE CONDITIONS OF THIS OBLIGATION submit a bid to AGENCY for the above -stated accepted and a contract is awarded and enter specified, then this obligation shall be null and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have 14th day of January , 202J-. BIDDER* Big Ben Inc. 4730 Irvine Blvd, 21-6446 3R MAIN UPGRADE as BIDDER, and .any , as SURETY, k ANA, as AGENCY, in the penal sum of_ 6 1, which is ten percent (10%) r the above -stated project, for the payment of 3und, jointly and severally, firmly by these 3 SUCH that, whereas BIDDER is about to ject, if said bid is rejected, or if said bid is into by BIDDER in the manner and time I. otherwise it shall remain in full force and their names, titles, hands, and seal this Irvine, CA 92620 Ph: 949-660-9400 SURETY* Markel Insurance Company 4521 60 Pkwy, C31Allen, P Y VA 23060 P : 800-431-127D 685 East Camegie Dr. bre me by Set>?(A :361ALL&rT 20aL. Signature: Notary Public in and for the County of * Provide BIDDER/ SURETY name, address, address, and telephone number of authorized re s SEAS` 266. Span Bernardino, CA 92408 Ph: 909-886-9861 -ha i T1_ this 19 flk day of ' SUNGHYE Y. KIM e't CUMM.R 23Y. KI I^ N y NOURY PUBLIC-CALIFOBNIA N MY Comm. EXP. JULY 13. 2B261 , State of telephone number and the name, title, City Council 8 13-21 4/6/2021 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate v+rifies only the identity of the individual who signed the document to which this certificate is attached, and not the ruthfulness, accuracy, or validity of that document. State of California ` ss. County of San Bernardino /) On JAN 1 4 2021 before me, personally appeared r �',.:__F.__` Rebecca Eli7atMN FldCoal COMMe 2327252 y { NorMrpyaz,L._y�tPCNMp R \\ &W fllnNMcilgcq�. c� � Mr cenm E.p,ea. a3tDyrl4 OPT Though the Information below is not required by law, It may prove val removal and reattachment of Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's ❑ Individual ❑ Corporate Officer Title ❑ Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: proved to me on the basis of satisfactory evidence a the person whose name Is subscribed to the in instrument and acknowledged to me that she xlted the same In her authorized capacity, that by her signature on the instrument the on, or the entity upon behalf of which the person d, executed the instrument. rtify under PENALTY OF PERJURY under the laws of State of California that the foregoing paragraph is and correct. my hand and official +c to persons relying on the document and could prevent fraudulent mn to another document. of Pages: I S'TAM OFF CA 'IFORNIA DEPARTMENT 0, INSURANCE SAN FRANCISCO N4 07500 Certificate ® Authority �- THIS IS TO Ci''.RTLFY THAT, Pursuant to the Lrsula zee Code of the Stine of California, Markel Insuranr;e Company Of Deerfield, illino:is , organized antler the taws of 111 i.no is , subject to its Articles of btcorporution or - otherfimdnmeeualorgatitzationaldockmuntp,ishereby uthortzcdtooartsocnwithin the State, subject _to allprvvisions ofdirs Cerrlficare, rhefollowbeg classes Zrrrxermu=e: Pire, Marine, Surety, Disability, play-' Glas&, hiabili.ty, Workers'. Compensation, Common Carn.-ier Liability, Boiler and Mactiinery, Durglary, Credit, Sprinkler, .learn and Veh:i.Cle, Lutomob5lle, and Mi3ccl lau,::cus , as such classes are now or may hereafter be defined in �;he Into-ance Laws of the State. of California. THIS CETCIFICATt is expressty conditioned upon the holder hereof crow and hereafter being in i full compliance with all, and rwt in violation of anl, of the applicable lativa-and ltnvfirt requir-enents made i under authority of the laws of dre Stare of California as long asstech laws or rrqultenents are In effect and applicable, mud as such laws and requir"me-nts now are; a• may hereafter be changed m amended. INWrl'NHSSW1`]EltbOV.effectiveasof(fie —_._1eth —_ day of 2anuary 2002 , I have hereunto set my hand and caused troy official seal to be affixed this 6th_-.____ (Jay of_:.._:,{ c�nuarg_- „2002 By NOTICE: Qualification with tha Scctnrary ofState must be uccompti�Urnf ai Afar issuance of this Certificate ofAuthouty. Failure to do so wil. gtouads for ruvoking rhls Certificate ofAuthority purwam to the Bond§ions contained herein - City ouncil 13 — 23 '4%6/2 21 JOINT LIMITED KNOW ALL MEN HYTHESE PRESENTS; Mat Swelter Instance Cartpanw a Corporation Principal office In the County at Harris,Te"s and Market Imuranea Company (d!t'C& of II m rI%and having in Principal adminhtrattre office In also Atim virgins, does by I Jay P. Freemen. Cynthia J. Young. Laurie S. Their true and lawful si ent(s) sad anomey(s}I34act, each In theirfepirmte capacity If their own behalf, In"dualNas a surety or'oindy, as Coaumbes, and as their an and des that the penal sum of any one such mfuument a mooed tmrtun ict Chap actearem tha Fifty MIIwon This Powar of Attorney is wanted and is road end sealed ender and by Insuanca Cornpany and Markel Insurance COmpaaY 'RESOLVED, That the Prefidont, Senior Vice President, Vice Presidem, Assistant Vice P Powers of afturnay, and such authority an be mrecuted by We of faaunoe signature, Company, quaRfyingthe attoreayor attorneys named in the given power of money, Insurance Company and Markel insurance Cornpany, as the me mar be, an band one IN WITNESS WHEREOF, Merkel Insurance Compsayand SumTu Inwrance siwrxMby their dulYauthorited nffltots on Me rah daydaeem ,ama. SuMTalnsumace Company 4 Michael C. Ileimlg, President R Commenweahh of Virglyda CouatyofHendroi5: Pom el0oaa OF ATTORNEY mind and exlvft under the taws of the Sure of Tenasand having In a corpareyon dulyorgaaited and existing under the la" of the state Won make. "mdtrrfa and appoint: Christina Mount, Melissa D. Schwartz 3A ovs, to sutra, "awn,, ")land dealer for and on other undertaking In suretythip provided however, by the Board of Directors of SumTec Secretary, Treasurer and each of them hereby is authorized to execute rybeanaued cr acknowledged by any officer at attorney, of the a In bAid at, and tdmowfedge as the act and dead of the S reTa and contracts of wratythip, and to affix the mrperste seal thereto_' to be hereunto affixed and them presents to be IShjsye� MarkM lnwr{gre Company ���/__ *ASM' Rahin Ru&w, Seniw Vice Praddent On Mica dayaf Ar - acm AO..hafomme, a Henry Pubbe of the Qatrumwetith Vlgads.in andfor Me County M HMOM duhrmhnnpsioned and qualified, tune THE ABOVE OFFICERS OF THE COMPANIES. to me penonatly known to he IndMMaha and alfluers desetbad in,who emmeed the Pr ending khmument. and they acknowledged the extortion of sanoy and being by ore duty uwom, sposW and sad ham they are the of obs of Me m-d companies aforesaid, and that end seats aHeed to the proceedinglamnunenc are theCorparsee Stares ofseld am the s"Carporate Seats and dltkstlisinu "ORhtemwom duty allwed and Nrbsaibed to the said inyoumanat t by the authority and direction of the cerapaes, and flat Resolutions adopted by the Bead of Directors of said Companies referred to fo the preceding lnabument is now In force. _,•Hats rst r._ IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed We, tht undersigned Olfro ofSurer" h foragting nor fuhtrue nredmrroet eaptr u IN WITNESS WHEREOF, we haw hereunto set our lunch, and affixed the Sean of zw n •Paneahr,Atd'mtM aoa My Inttewhhen! osued Ih City Council !Nor :0HtMCC, the day Mat year eralabove wrtften. L 4q&Ay rardfir that the Wig ATTORNEY Of "Ca., onMaj.4tt1 dayof January 2021 .S MY MISS: C" N S ItaidE BY OMon ns DaWm. Noary pyblit 8398 : C� MY tommgaton expires 1/31/2@3 ♦ J� , hy Yid d POWER OF O 0+ Market Insurance Company, SEAL PRkhad R.GHnnan. Van Praddenc b !II1111 % ul Me"41 atoll" InaN My 83pAMara SeD PIA CST. 13 — 24 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-W6 BAKER-GLENWOOD SEWER MAIN UPGRADE 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 S 10,000, whichever is greater o Buildings, parks, or other projects: !/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the Slate Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name 1kc License #/Exp. DIR Reg. #/Exp. Location Phone 904 105rM4 p ` 3 6 - 217 - q9 J S (6-3o -4 6- 70-,23 Type Of Work cc -TV _ Amount $ y r g, po o Name 5�prriorr PAgv*1c�I} MAvL144S License #/Ekp. 06 - - 1_T DIR Reg. #/Exp. j012000lk76 ( 6-3o-�d License # Location Dfe55 Phone DIY - Z - I / 0 0 Type Of Work ktri Qii0L Amount $ f 3, d 5 -0 Name Cjll fnrni. fofPtti�••l rM4/Herrw� License #/Exp. 7 3 0 -3 -'A DIRReg.#/Exp. /Q000;776oq (6-3o-ai License # Location LA Pvt.tc.(A Phone 62(- 3/1- /3?& Type Of Work Lojil: Amount $ Signature of Ardd Name K -3 a. We License #/Exp. 7g2 To S (g 71-da 1 DIR Reg. #/Exp. /p 0®o o yd 3 C (6. 30- a l Location Oracle, CA r 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 $ City Council 13 - 25 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has( performed similar work within the past three years. I. � I4 4 OT IFI(lPr 4-'1 Name and Address of Owner. J d s. — 73&_ Atc3 Na-m(yj�e(andTeleephone Number of person familiar with pr ject. y y T /" /M �C WCr /W, �Y /-�rCf / Dua Contract Amount Type of Work Date -Completed er Name and Address of owner. 1 i _r-. :, FQ� '7/t/- 73t— 634? Name and Tele hone Number of person familiar with roject. �•a%1 sPw�r%l✓4 � Src� Contract Amount Type of Work Date Completed 3. Cr 4y bf Name and Alidress of owner. -- W IV — ,SS 7 Name and Telephone Num er of person familiar with project. ZA /wF fe, S/rrr f /c/ p 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. c SC rr ;Oh Ycsk A a�n a. f & L ..refZ] 70q—g7Y"23oy TY9--tog - Y9d5-- K iT 16\Svr..hed ✓ (Av`o /wC) EOaf 7 5-9 J�I�LY City Council I0 13-26 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAILER-GLENWOOD SEWER MAIN UPGRADE 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.yf See A IIItC�ed Name and Address of Owner. 2. 3. 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. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Date Completed Date Completed Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whomBIDDER intends to procure insurance and bonds. I I q 1T f AK I 'S✓ratce -<eY'✓ Cef (.!r; r,Ir l [©q — q71 _ SS04 Doo� V',Sk Ms�f: �t-) RYg— 6 0 S - �aa� K-eT 11�$vr�'tCC , Aio/wc_ 1 SGa ' 7s8 ' ({$•� __ City Council 13-27 4/6/2021 W m C O N N N N N N N ." .� .� .� �• - d O N N W a C E ^ O O O O ^ ^ O O O O U r N O g o o g 0 cp o 0 0 o g 0 0 0 0 0 0 O O Op O O O O O 0 CD Q d 9 pO O � pOo tl d pOo tl M pOO O N P V h 16 v G U UT IR UT UT U1 UT U} UT N fR N N O. C C o C U C as C C Y d C •a C75 •C N C m O C Qi a O` N O O O S 2 V p O 0 E E p V O U U N 6 d O C O a O d in a V N ❑ Q� O H; N d ✓Oi C 6 + U U G U U C K p W M p O O ;` U > d- N Q U O N ¢ o o na. o 0 0 �' y M U a 3 M S a O N ON N ppO N ." ppO O N d p 75 C d- 6 N N O N O p a V 00 2 E oU .o E �L O m c `❑ o U V , N C Q C O - C Ot C N _ c O N O N ri C G AG t a t `O V a c m t o❑.. m O a ❑ `u_ ❑ O a N j 3 u O 0 .s `w `p O 0 U U H W — N Q O .T' o isV M O O c O 'p ?p U U U U U O V U U Y U U` ,0i� OC � � � N N a p� n c "❑ p W � � N N m ❑ 6 uMi O O th E O p b N +o O N W 6 M p M a d L O L u) Y Ifs V r- .O Op M U V� LL u"1 M ` 1� U h{ a h V f-qO V N? t-tpOp c z V V � V p V Q V = V O d p M M r. O W n cV n YMI N O -p N ). 1� y N TN- C R E � V V N V' Y_ P L b C b 'Q a ar -O _C L O L V' •p E a a o c 0 O N N `c E o o1 - E E m a a. u u c a 4 Ems' E o c m a - a o n 0 n E v Q a E o O C m o a m E G o o u o E y N m Q1 > E 3 u m` a -a❑ a�i c E O :n ae c v p `m 3 `m U p Z us 3 'ii, a c a D a y U h d N 6 c Q N C y❑ ? `• � C N ..+ a a .c rn `U Q c 0 ❑ a = � a` `❑ E E W OOC O U z O h n c ? N U m CITY OF I;1:" PROJECT BAKER-GLENWOOD NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 In conformance with Title 23 United States Code S BIDDER declares that the bid is not made in the person, partnership, company, association, organ: and not collusive or sham; that the BIDDER has any other BIDDER to put in a false or sham bid conspired, connived, or agreed with any BIDDER anyone shall refrain from bidding; that the BIDDE] sought by agreement, communication, or confere BIDDER or any other BIDDER, or to fix any over or of that of any other BIDDER, or to secure any a4 contract of anyone interested in the proposed contra true; and, further, that the BIDDER has not, direct: or any breakdown thereof, or the contents there thereto, or paid, and will not pay, any fee to any c organization, bid depository, or to any member or s bid. Note: The above Non -collusion At cautioned that making a false prosecution. Signed State of California County of -e Subscribed and sworn to (or affirmed) before 1a1 re ,proved to me on person who appeared before me r..._. Notary Public Signature 21-6446 R MAIN UPGRADE Public Contract Code Section 7106) etion 112 and Public Contract Code 7106 the interest of, or on behalf of, any undisclosed pion, or corporation; that the bid is genuine of directly or indirectly induced or solicited and has not directly or indirectly colluded, or anyone else to put in a sham bid, or that has not in any manner, directly or indirectly, ice with anyone to fix the bid price of the read, profit, or cost element of the bid price, vantage against the public body awarding the :t; that all statements contained in the bid are or indirectly, submitted his or her bid price f, or divulged information or data relative rporation, partnership, company association, ;ent thereof to effectuate a collusive or sham is part of the Proposal. BIDDERS are atgn may subject the certifier to criminal &* _ on this ltday of Suacw , by basis of satisfactory evidence be the SUHGHYE Y. KIM NOT RY PUSL104AUFORNN Mt Care:. EXK Im is. 202 Notary Public Seal City Council 1 13 - 29 4/6/2021 12 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such 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 Council 13 13 — 30 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title:�7j✓� Firm: aect-I't Date: 0 / — v! D ` City Council 14 13 — 31 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the Cal ifo " Apprenticeship Council. Signed: Title: pY[s i ut rn Firm: il(h 6 njj' eer-(�2 Date: City Council IS 13-32 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE 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: ?fr f I d.-1 T Firm: i q J�hh 9J9 �eyeH q Date: Ol ` O City Council Ti 13 — 33 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAILER-GLENWOOD SEWER MAIN UPGRADE 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. City Council 17 13 — 34 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017- The CWA is available at: http://www.santa-ana.gig(pw4/do.c.u.mgnt.s/&­&C­&`.WA,Rd The undersigned BIDDER hereby agrees to comply with all terns and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 7-5a an Notice of Inviting Bids. Signed: Title: )rJz-,rareQ� Firm: �Si R 4.z+1 t�h4lNe�rg 9 ® �r Date: O / - a O - 4) 0. / City Council E, 13 — 35 4/6/2021 MAYOR Vicente Sarmlento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelda Mendoza Thal Met Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Ave • (M-8.5) Santa Ana. California 92703 www Santa-ana.org (714) 647-3320 January 19, 2021 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez ADDENDUM ONE SUBJECT: PROJECT 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE The following changes/clarifications have been made to the CONTRUCTION PLANS AND SPECIFICATIONS of the subject project: ITEM 1- BID PROPOSAL QUANTITIES; Pages 1 REPLACE with: Revised BID PROPOSAL; Pages 1 Quantity of bid items: • Bit item 4 — quantity changed from 5 to 4 • Bid item 6 — quantity changed from 5 to 4 ATTACHMENTS: Bid Proposal — 1 Page Total pages for Addendum One (including attachment) = 2 ALL OTHER TERMS AND CODITIONS REMAIN THE SAME. FOR THE CITY C} A ANA r Ar ando Fernan( z, P.E. S nior Civil Engineer vttn,. Ydrt[IIMW lfMtle Wr o a aza i taapars City .. "2, icnen w3edu,rr�sm rosasaxv @t waaa — 3 wa�aw.an,.xn - w'����?f171 W.0 �w.ols CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 21-6+10 BAKER-GLENWOOD SEWER MATN TTPGRADE. This CONSTRUCTTON CONTRACT is made and entered into this 6°i day of April, 2021 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 Big Ben, Tic. (hereinafter "CON'I RACI OR"). W TTNLSSL I ll: The CfTY and the CONTRACTOR, for the consideration hercitattei tamed, mutualty agree as to I lows 1. CONTRACTOR agrees to perform all the work and fiunklt all the materials at its own cost and expense necessary to construct and complete in agood and workmanIike manncrand to the satisfaction of the City Engineer of the CITY, the Baker-Olenwood Sewer Main Upgrade Project (hereinafter referred to as the "WORK OF TMPROVEMENT") identified in and in accordance with the Contract DOetnnenls prepared by the City's Public Works Agency and approved by the City Council. 2. The Complete Construction COnt7tet consists of the `Contract Doctunents" as dcFned by the Standard Specifications for Public Works Construction and which include the following: • Notice Tnviting Bids • Tn forYralion to Bidder,, • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Spccial Provisions • Technical Provisions and Project Plans • Community Worktoice Agreement • Appendices In case of conflict between the Contract Document;, 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 IMPROVFMFN I the sum total amount not to exceed Seven I lundred Seven 'thousand Seven Hundred I'hirly-Three Dollars and No Cents ($707,733.00), as set forth and identified in the HID PROPOSAL, which is attached hereto and incorporated herein as Exhibit -A." The BTD PROPOSAL contains a schedule of unit price(s) or lump sunr(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount ofwork- will correspond therewith, but reserves the right to increase or decrease the arnount of an_v class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 13 — 37 41612021 rar_Og101 /zu 17 Page 1 of 4. CONTRACTOR agrecs 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 timcliaunc therein specified afm issuance ufa Notice to Prucecd. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVLMLN'I- a salary or wage at least equal to the prevailing salary or wage established for such work -a- set forth in the wage determinations for this work in accordance with applicable State and Federal law. 0. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement ((WA), a pre -hire collective bargaining agn-eemenl, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crabs persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be Round on the City',, website at: http://w"w.sant i-ana.or2/pw i/docutiletits/CWA.pdf 7. CONTRACTOR shall, allcr award ol'this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract pr'iec, to guarantee tole faithhtl performance of the work (Perlornlance Hond), 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 becone effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the perfonnance and payment bonds or the retention payment, furnish a warranty performance and paytnent bond (Warranty Bond). Said Wartnmy Bond shall also be required as a condition of project acceprrncc. Por projects up to I, ivc I lun(Ired 1 housmld Dollars (S50o,00)), the Wananty Hond amount shall be the grealeroI"1'en'I'housand Dollars ($10,000) or Twenty Percent (20('.,) of the final contract price. For projects above Five Hundred Thousand Dollars (5500,000), the Warranty Bond amount shall be the grcatu-of One Hundred Thousand Dollars (S 100,000) or Ten Perccnt (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, ftunish Certificates of Liability Insurance. and 'k'orker's Compensation lnsurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRALTO )R and its Subcontractors hereby agree to defend, indemnify, and hold hannleSS CITY, its City Council- boards and commissions, officers, agents, employees_ representatives and volunteers (hereinafter collectively referred to as "hldemnitees"), through legal counsel acccptablc to CITY, lono and against any liability, chinos, actions, costs, damaecs or losses, including reasonable costs and attorncy's fees, for injury, including death to any person or damage fo any property, arising directly or indirectly from, or in any manner relating to, any of tile following: (i) Performance or nonperformance, of the Work of hnprovemem by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CON HZAC I OR or its Subcontractors of any lower tier, of any of the obligation, Wider the Contract DOCWrlems; City Council 13 - 38 4/6/2021 ['age 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payrnatt or nonpayment by CONTRACTOR of any of its Subcontractur, of any lower tier, for Work of Improvomont pertormcd on or oft the project situ; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the perl'ormance or nonperlbi-mance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be inehtiled in all subcontract documents issued by CONTRACTOR. Nothing in the C'onhact Doatments shall be construed to Hive rise to airy irriplied tight of indemnity in favor of CONTRACTOR against CITY or any other lndetnniLee. IN WITNESS WHEREOF, the parties hereto have executed this Coastrue holl CotlLraCL on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM- SONLA R. C ARVALIIO City Attorney By: 0,647w. .IC IN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NAB1L SABA, PE Ixccutivc Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Ilig 13en, hie. NAME: Sep Sharifi TITLL:: President City Council 13 — 39 4/6/2021 Page 3 of 3 Vendor Name Big Bon Inc. Address 4790 Irvine Blvd. 1105-404 Irvine. California 92620 United States Hespondee Sep Sharifi Respondee Title President Phone 949400 1800 Email sepCDbigbenonginooring.corn Vendor Type License it CADIR i ;ICE I S+_ f, f I Bid Format Electronic Sut>rnifl'ed 01121/,,021 1:17 PM (PST) Delivery Method Bid Responsive Bid'ItatL1S SUbrnitted Gonfirmation n 240548 Ranking 0 •;� � v r, y ,t) I I r r;: f_rsTf I� eBoncl Contract ID A E 111 n.;1 I.I A.`I I. I:`; Fite Title Non CollinINm (SanM Ana Glenwood).pdf C31d Bond (Santa Ana Glenwood) pdf Santa Ana Glenwood -Baker Bid Peckage.pdf Ownership Affidavit (Santa Ana Glenwood). pdf File Name Non COIILJslnu (SarnaAna [7eriwood)-pdf Bid Bond (Santa Ana Glenwood)_pdf Santa Ana Glenwood -Baker Bid Package.pdf Ownership Affidavit (Santa Ana Glenwood). pdf File Type Cienoral Attachrncnts General Attachments General Attachments General Attachments City Council 13 — 40 4/6/2021 Item # Itpm ppscription (JQM .' Base Bid Proposal Mobil ization/Den'iobilization 1 (No More than 5% LS total bid) Rernove Existing Sewer Main and 2 Construct 10" PVC LF SDR-25 Sewer Main Construct 4" or 6 PVC Sewer 3 Lateral and EA C:leanout (Opon Trench) Construct New 4 P.C.C. Sewer EA Manhole Core New Sewer Connection Into 5 EA Existing Manhole Structure Rernove Existing 8 EA Manhole Structure SewerFlow Level 7 Monitoring & EA Alarming Device CCTV Inspection 8 of New Sewer LF Main CCTV Inspection 9 of New Sewer' F.A Laterals HypaKS Rurnp 10 Existing Sewer LS Flow Furnish and Install 11 Traffic Loop Type EA D Furnish and Install 12 '1"raffi0 Loop Type FA E Asphall Concrete -fN 13 (AC) Pavement Asphalt Rubber 14 TN Hot Mix (ARHM) QTY Unit Price Line Total Comment $707,733.00 1 $35,000.00 $35.000.00 1450 $135.00 $195,750.00 30 $3.800.00 $114,000.00 4 $10,000,00 $40.000,00 1 $12.000A0 $12.00&00 4 $2,000.00 $8,000.00 2 $6.000.00 $12.000,00 1450 $1.50 $2,175.00 30 $240.00 $7,200.00 1 $7.500.00 $7.500.00 1 $900.00 $900.00 3 $900.00 $2,700.00 310 $125.00 $38,750.00 610 $1'..,5.00 $76,250,00 City Council 13 — 41 4/6/2021 Asphalt Rubber Ayyrcy�tc 15 SY 5380 $13.00 Me. rnbrane (ARAM) 16 Coldrnill (T�3") SF 48420 $0.40 Unclasslfled 17 CY 7 $600.00 Excavation PCC Cross -Gutter 18 (Residential SF 240 $15,00 Streets)' Construct 6" Thick PCC Driveway 19 Approach per City SF 60 $40.00 Sid. Plan 1112 Case 2' Adjust Water 20 Valve Frame and EA 11 $750 00 Cover' Additional 21 Potholing (As EA 10 $400 00 Needed)' Signing antl 22 LS 1 $3.750 00 Striping 23 Traffic Control LS 1 $15,000.00 24 As -Built LS 1 $25,000.00 •� Asterisk Notes (per P-3 of P-16 of Specifications) - Npl" part of Total Hid Calculation = The quantity for this bid item is shown for bid Comparison only. This bid item shall Lb ea 0 $0-00 not be subject to the 25°i limit as staled In Se(abn 3-2 of the Specifications... Grand Total $707.733.00 $69,940.00 $19.368.00 $4,200.00 $3.600,00 $2 400.00 $8.250.00 $4,000.00 $3,750.00 $15,000.00 $25,000.00 $0-00 $0.00 City Council 13 — 42 4/6/2021 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 21-6446 BAKER-GLENWOOD SEWER MAIN UPGRADE TOTAL BASE BID s 7Q7/ 733, Oa 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. 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 fourty-five (45) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,300 per calendar day. Name of Film Signature of BI: Title hr? s (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.) City Council 13 — 43 4/6/2021 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-6446: BAKER-GLENWOOD SEWER MAIN UPGRADE Construction Contract $ 707,733.00 Contract Administration $ 50 000.00 Inspection and Testing $ 56,160.00 Gontin envies $ 106160.00 TOTAL ESTIMATED CONSTRUCTION COSTS j $ 920,053.00 City Council 13 — 44 416/2021 Library https://www.santa-ana.org/library Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Purchase Order Contract for Two Book Dispenser Kiosks AGENDA TITLE: Award a Purchase Order Contract to Bibliotheca, LLC to Provide and Install Two Full Turn -Key Book Dispenser Remote Lockers at the Santa Ana Regional Transportation Center and Police Athletic & Activity League (PAAL) Center for $59,109.74 and a Two - Year Extended Warranty with Hardware and Software Maintenance for $10,260, for a Total Amount Not to Exceed $69,369.74 (Specification No. 21-037) (General Fund) RECOMMENDED ACTION Award a purchase order contract to Bibliotheca, LLC to provide and install two full turn- key book dispenser remote lockers at the Santa Ana Regional Transportation Center and Police Athletic & Activity League (PAAL) Center for $59,109.74 and a two-year extended warranty with hardware and software maintenance for $10,260 for a total amount not to exceed $69.369.74, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Public Library (SAPL) is committed to providing high -quality learning experiences through a variety of programs, services and collections. SAPL currently has a collection size of 204,262 and an annual circulation of more than 200,000. The Library has recently placed a strong emphasis on innovative youth programs and services that help bridge the digital divide through new technologies that focus on underserved residents within the city. The City of Santa Ana has a population of approximately 335,000 people over 27.35 square miles and currently operates two public libraries. Given the Population density and geographic size of the City, the Library's two locations do not currently meet the needs of the community in terms of physical size or population. Data reported by the California State Library shows the total square footage per capita for the Santa Ana Public Library at approximately 0.1593, which is among the lowest in California. To address this issue, SAPL is proposing to expand its physical footprint by placing a Remote Locker at the Santa Ana Regional Transportation Center and the Police Athletic & Activity League (PAAL) Center. Bibliotheca's RemoteLocker kiosks are designed to extend access to underserved residents and bridge the digital divide by offering a cost - City Council 14 — 1 4/6/2021 Purchase order contract for two book dispenser kiosks April 6, 2021 Page 2 effective method of providing Library patrons convenient access to collections with self- service holds pick-up, browsing, and returns capability. In addition to physical books, videos and music, the RemoteLocker will also allow the Library to add a variety of popular "Take It & Make It" kits that expand community access to interactive and educational programs for the entire family. The RemoteLocker kiosks provide an easy -to -use, self-service experience for library patrons. Once items are reserved online or over the phone, residents can retrieve library materials on their way to work or school at the Santa Ana Regional Transportation Center or while participating in activities at the PAAL Center. Most importantly, this can all be done by simply scanning the user's free library card at the kiosk. Because the modular system is customizable, the Library also has the flexibility to add modules in the future that expand kiosk capacity and address the changing educational and entertainment interests of Santa Ana youth and residents of all ages. Bibliotheca is the leading vendor to provide book kiosks for libraries in Orange County. Bibliotheca will provide two full turn -key RemoteLockers (Book Kiosks), including manufacturing, shipping, on -site installation, remote training, and service/support. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The Washington County's contract with Bibliotheca for book dispenser kiosks was awarded as a result of open, competitive bidding, and meets the City's requirement. FISCAL IMPACT Funds are budoeted and made available in the following accounts for the soecified year: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 20-21 01111190-62300 General Library -Tech & Support, $10,260.00 Fund Contractual Services - Professional FY 20-21 01111190-66400 General Library -Tech & Support, $59,109.74 Fund Machinery & Equipment EXHIBIT(S) 1. C.tuote Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Kristine Ridge, City Manager City Council 14 — 2 4/6/2021 bilitheca lro,i, Clrrntnc) Customer Official System Quote r�luotc: l�dk:: U3lu'/!"/wl Quote Hume-r, 01-0-154746-X6F4. Rev; 0 Customer Bill To: Snnln Ann Publi.: Lihrnry Lynn Nguyen 26 Civic Confer Plaza Santo Ana CA 92/01-40 0 I(nil eri Sln les nr AITIe, cn Ing�ryC=r,i9r5rJ n} V-(JnP.Or Tel 1 7146475259 Quote Details (2i flbin I'CIT1afCLoc kcr HOIch I$ .., p, LUCYy Day borrow, X 11Cttrn F Location Information: $,Iri I Ann Public Ll i,rary- Sciri (I Ann FuL)l t: Li brcvy, -/I uI Nguyen 26 Civic Center Plaza Santa Ana (-A 92/01-4010 United Sfata<_ of Americo Sales Contact: Mnson Hcmpnrey Sales Phone: 877-2U7-3127 ext. 312 Sales Email; rn,n,,nnpngytii nlU ipt'n(=4a.r_nrn Prices are ',n US Dollars C,uctc expires (90) coys from Q,otc Dato above. The hordware and 1.6rIW6re inclbdeG 12 month W6r nnIy, sel up and C6ffQpr6L6n Item ID Item Type Quantity Sale Price Sub Total SUP000001-00D-US PRE -PAID SUPPORT & MAINTENANCE 1 $10,26U.000 $I026000 '.24 ))(,nits bilviGC agrC:i,nfC;rnT fpr bUfh Ioft x worroiIAy EDU0200I I-000-US IMrcd„cT 0n to remote_ocker Tru1n nU1 Co-i-se 1 $599 Ouci $599 00'. RML000002-000-US I remote_ocker 10D v3 centrol tower inc. RFID (wrap) 2 $11,299.000 $22 598.00 RML000009UUU-US rernolo ocker U.>R v'3 4loc er ower will, re urns (wrop) 1 $5 /98 UUU'. $ I S96 UU RML00003 j000-US 2......... $6 198 000'. $12'396 00 RMLUU0043 UUU-LS rernote ,ckel v3 srrlart com rdler 1 $699 000 $1.398 00 S1 RUCII 050UUU-US rernote oc.ke, Im- Side cover, )......... $799 000 j.. 159600 Swk000004-000-US I N(IfY onnr-, �T"^ nr-v r e...,h.c np nn i I r w .v / device 2 $ 9,000 $91C CO'. '.SF1P000001-000-US rrr.'.,gI,, S'',nndnrd 1 14.140.000'. 'n4.140.00'. Shipping Is estimates on Two rece.,v ng IOcaT!nns. unless oiflulw.;c noted. and c,n curn:nt rotes arn7 prt,posal. Total $63,835M (Less Sales Tax): Estimated $S. S34.74 Soles Tax (9.25'A): Estimated Total; $69,369.74 Bibliofheca, LL t' 77-207-3127 3169 Holcornb 5Nwi, NW, Suile 200, - 1�-877 639 2269 Norcross, CIA 300/ 1, USA www.biblint'necn.c.nm I'apc I of 2 Vol frc'i lI, orrrt�n(3 i1:)rr3ii( 1 Customer Official System Quote El Additional Details All prices Including Service and Maintenance do not Include any applicable sales tax. If tax exempt, A copy of Tax Exemption Certificate is required with purchase oraer for all tax-exempt cusromnrs. Terms are NET 30 Days from Date of Invoice. Invoice is generated at the time of Shipment. Quotations are good for 90 days. All dates are based on ship dates. Order must ship within the 90-day window. After 60 days, quotation expires. Contact Blbliotheca for a New Quotation. A 207. restocking fee, in addition to inbound and out -bound shipping, will be charged for all returns. GST/HST N" 85Y257321 RT0001 Submit Purchase Order by fox to 877-689-2269 or by email to orders-us0bibliotheco.com. Accepted ay! Accepted Date: Customer Purchase Order Number- Bibliotheca, LL t' 77-207-3127 3169 Holcombe W&i NW, Suile 200, - 1�-877 689 2269 NcirrrTiss, GA300/1, USA www.biblintneca.c. m I'apc 2 of 2 Public Works Agency https://www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Fire Hydrant Meters AGENDA TITLE Award a Purchase Order to Metron-Farnier, LLC in an Amount Not to Exceed $90,816 for Construction Fire Hydrant Water Meters with Verizon Solution Registers (Specification No. 18-077) (Non -General Fund) RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to Metron-Farnier, LLC for construction fire hydrant water meters with Verizon Solution Registers in the amount of $82,560, plus a contingency of $8,256, for a total amount not to exceed $90,816, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Water Resources Division routinely installs construction fire hydrant water meters for use by contractors and developers performing construction activities. In the past, Water Resources staff would make monthly construction site visits to manually read each construction meter and register to record water consumption. On October 3, 2018, a Notice Inviting Bids (Specification No. 18-077) was advertised on the City's online bid management and publication system for construction water meters with Verizon Solution Registers, which would automate meter reading. On December 4, 2018, the City Council awarded a one-time purchase order to Metron-Farnier, LLC for the purchase of 65 Voyager 80 construction fire hydrant meters with cellular -enabled meter registers. The cellular -enabled registers allow staff to view water usage data remotely and on a continuous basis, which has increased oversight of water use. Additionally, because of the meters' GPS capabilities, the recovery of lost or stolen meters has also improved. Due to an increase in construction activity within the City, the Water Resources Division is seeking to purchase an additional 50 Voyager 80 construction fire hydrant meters. Metron-Farnier, LLC, is the exclusive distributor of Voyager Hydrant Meters, including repair kits and upgrades. As such, staff recommends awarding a one-time purchase order to Metron-Farnier, LLC for the purchase of the additional construction fire hydrant water meters. City Council 15 — 1 4/6/2021 Award Purchase Order to Metron-Farnier, LLC for Fire Hydrant Water Meters April 6, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $90,816 are budgeted and available for expenditure in the current Fiscal Year 2020-21 in the Water Quality & Measurement account (No. 06017644-63001). Fiscal Accounting Unit- Fund Accounting Unit - Year Account No. Description Account No. Amount Description Water Quality, 2020-21 06017644-63001 Water Miscellaneous Operating $90,816 Expenses Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 15 — 2 4/6/2021 Public Works Agency https://www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project AGENDA TITLE Authorize Budget Reallocation and Award a Construction Contract to Wright Construction Engineering Corp. in the Amount of $1,099,195.50 for the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project with an Estimated Total Delivery Cost of $1,341,991 (Project No. 17-6802) (Non -General Fund) RECOMMENDED ACTION 1. Authorize Budget Reallocation of $140,105 in unspent project funds to the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project (17-6802) as follows. $46,105 in Measure M2 Local Fairshare funds from the Bristol Street Rehabilitation from 171" to Santa Clara project (Project 18-6909), and $94,000 in Measure M2 Local Fairshare funds from Project Development (Project 21-6899). 2. Award a construction contract to Wright Construction Engineering Corp., the lowest responsible bidder, in accordance with the Base Bid plus Alternates 1 and 2 in the amount of $1,099,195.50, for construction of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project, for the term beginning April 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Delivery Cost with a total estimated construction cost of $1,341,991, which includes $1,099,195.50 for the construction contract, $110,891.50 for contract administration, inspection and testing, and $131,904 for project contingencies. DISCUSSION The purpose of the Lincoln Avenue Pedestrian Pathway from Park Lane to Santiago Creek Project is to reestablish the ability for pedestrians to cross the Metrolink railroad tracks at the intersection of Lincoln Avenue and Fairhaven Avenue after the closure of the railroad crossing by the California Public Utilities Commission in 2010 at that location. The City pledged to pursue funding to restore pedestrian access and Active Transportation funds were secured for the design and installation of a pathway to City Council 16 — 1 4/6/2021 Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 2 reconnect the lost access. The project consists of a pathway along Lincoln Avenue, on the west side of the tracks from Park Lane to Fairhaven Avenue, and then to the Santiago Creek Trail (Exhibit 1). The pathway will connect pedestrians and bicyclists, and will reduce walking and bicycling distances by one mile (Exhibit 2). Before completing the project design, staff sought community input. Based on four community input meetings, staff identified additional improvements to address the community's security concerns. Features include taller and more aesthetically pleasing green screens along the existing residential wall; new nighttime safety lighting; lockable and more aesthetically pleasing gates to regulate access; and new park/trail security patrols. The pathway and surrounding areas will have a greater aesthetic appeal and enhance security of the pathway area after dusk, without limiting daytime access. Improvements also include new landscaping. On December 3, 2019, the City awarded a construction contract to Aramexx Construction. Due to the unforeseen COVID-19 pandemic, industry -wide material shortages, and challenges with Southern California Regional Rail Authority permitting and meeting Community Workforce Agreement requirements, staff concluded it would be in the best interest of the City to release the contractor from the contract. No work was completed and as such, the City re -advertised the project. The project was re -advertised by posting a Notice Inviting Bids in the Orange County Register newspaper on December 14 and December 19, 2020. The project was also advertised on the City's web -based electronic bidding system, PlanetBids, from December 16, 2020 through January 20, 2021. Bids were received electronically via PlanetBids on January 20, 2021. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,204 regional vendors via PlanetBids, 68 of which are Santa Ana based. Fifty -Two vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID + ALT. 1 & 2 1 Wright Construction Engineering Corp. San Marcos $1,099,19b.b0 2 HYM Engineering, Inc. Fullerton $1,329,023.00 3 C.S. Legacy Construction, Inc. Chino $1,346,201.90 4 AP Construction, Inc. Gardena Non -Responsive City Council 16 — 2 4/6/2021 Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 3 A total of four bids were received. Three were deemed responsive, and one non- responsive. Wright Construction Engineering Corp. submitted the lowest responsive base bid, including alternates 1 and 2, in the amount of $1,099,195.50 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Wright Construction Engineering Corp. in the amount bid (Exhibit 4). Protect Delivery In addition to the construction contract, the estimated total construction delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection encompasses construction management, inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,341,9916 Construction Contract $1,099,195.50 Construction Administration, Inspection, and Testing $110,891.50 Contingencies $131,904.00 ESTIMATED CONSTRUCTION DELIVERY COST $1,341,991.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2017-58 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,341,991. which includes the construction contract, contract administration, inspection, testing, and project contingency. The City secured an Active Transportation Program grant in the amount of $1,030,000, and, on December 19, 2019, the City Council - approved budget adjustments and reallocations in the amount of 5171,886. Staff is requesting City Council approval of $140,105 in project budget reallocations of unspent Mcasurc M2 Local Fairsharc funds. All funds arc schcdulcd for cxpcnditure in Fiscal Year 2020-21. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2021-22 for expenditure. City Council 16 — 3 4/6/2021 Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 4 The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Accounting Unit Accounting Unit — Year - Account No. Fund Description Account No. Amount Project No. Description EXISTING PROJECT APPROVED BUDGET 14817613-66220 Traffic System Active Transportation 2020-21 (Project 17-6802) Management Program, Improvements $1,030,000 Grant Other Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (Project 17-6802) Construction Fund Improvements Other $43,000 Than Building Measure M2 Local 2020-21 03217662-66220 Measure M Street Fairshare, Improvements $82,926 (Project 17-6802) Construction Fund Other Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (Project 17-6802) Construction Fund Improvements Other $13,960 Than Building 05917663-66220 Select Street HUTA 2103 Gas Tax, 2020-21 (project 17-6802) Construction Fund Improvements Other $32,000 Than Building PROJECT BUDGET REALLOCATIONS 03217662-66220 Measure M2 Local 2020-21 (From Project Measure M Street Fairshare, Improvements $46,105 18-6909 To Construction Fund Other Than Building Project 17-6802) 03217662-66220 Measure M2 Local 2020-21 (From Project Measure M Street Fairshare, Improvements $94,000 21-6899 To Construction Fund Other Than Building Project 17-6802) Total $1341991 EXHIBIT(S) 1. Location Map 2. Construction Plans 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency City Council 16 — 4 4/6/2021 Authorize Budget Reallocation and Award Construction Contract April 6, 2021 Page 5 Approved By: Kristine Ridge, City Manager City Council 16 — 5 4/6/2021 NOT TO SCnLE PR0130.S �� 1) PA] 1 i WAY SEE D?ETAI L A Exhibit 1 5N:T c� LXIS r"IN'G RF(1IUNAI. 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J W W W W W W r W ❑ H U) J H U) J F ul J w Z ❑ � Q Q H d z OU ',,, 2 2= Mu N fn 4D ❑ W ❑ ❑ W ❑ tO c Z0p _ C9 C7 � _ C7 C z a as a0u owe ¢ ¢z ¢� o oa F- °Oc a- z t-wU) �za C) VJ N Z m U v v tl W ❑ C7 � LLI W 20 l N o �f D- o zW 0 U a w w S V U V a CI`I Y OF SANTA ANA PROPOSAL. PROJE('t NO ➢7-6802 LINCOLN AVE PF-DESTRIAN PA HIWAY PARK LN TO SANTIAGO C'RIJ:K A fPL-_506 1(177) BID PROPOSAL C:ITY COUNCIL Of -1411; CITY OF SAM A ANA FROM Wright Construction. Engineering Corp REQUIRLiMEENT The un(ietsi,fled bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract DOCumedltS in ns 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 ut the following schedule Item Description Qty Unit Unit Price --- Amount 1 Rcnxwc ( h.mt ]ink x5 LF X S Pence / Gate 15.00 1,275.00 2 .__..- RoIto%Q Silzu 2 EA S `6 500.00 1,000-00 3 R<m,. cclrr<: I EA Y: $ 2,500.00 2,110.01 t (Ieumhand(mlbbmt ....1 LS x S 30,000.00 30,000.00 Rrmn�ef3ullard _' EA X �, 500.00 1,000.00 6 Adlu,t Wntu Vahc ? EA k $ Ho� u> (it,I& 350.00 700.00 ? Adlu,i Sutc.-y I EA S Monument lio. u" 1,000.00 1,000.00 Grzdc H Adlit t Sams nt `ewer _ EA 1,500-00 3,000-00 Manhole l.id to Grade 9 k.lo�ate(ia,l.mc EA W mnmV, Post 300.00 900.00 I0 Remov e / Aband,n I _LS S S Cotlflicting 1111gatlon 5,000.00 5,000.00 11 IZctnocc h Rail 3 EA S 500.00 1,500.00 1? RLit]ovC VCIIICuIar LF S S Mu,,1 tsuu„ 25.00 750.00 City Council 16 — 34 4/6/2021 P-I ofP-'o CITY O SANTA ANA PROPOSAL PROJECT NO. 17-0902 LINCOLN AVE PEDESTRIAN PATI IWAY PARK L.N TO SANTIAGO CREEK At PL_-5063 (177 ) Item Description Qty Unit Unit price Amount Relocutu I..mckcapc I LS ''2 52,500-00 1 iOl11dCi', 500.00 11 Reniovekc,uL.ntial 6O I I' '6 $ �Crucjl Well (11icludc� 30.00 1,800.00 (Ta to/and I CLGllt Z) I ] 1 III' lira I,nO if „1) S1" 1.00 30,550.00 lb 1}tld a,sit led 71 < Y x60.00 42,780.00 ]lion m)d Fill cith i:cacacd Matclial _ 17 Uncla,silicd 790 CY 51.00 40,290.00 1,AC.1A al]l ❑ and 1:Xpol1 u) It'cnN aced Mauxial _ IS C u,ll wel 10.00 95,650.00 D.compo d G,nnite I'e111vH81' Wllh(�Igan1C Blllder 1I❑clUdi: i= 19 (on:ulicl 7^O LF 5 20.00 .00 1)cannp, xd Gianuc Pavemsni ( oncietc F14660.0� I- leadeilncludcs Ajic,n R'„c)7S(i20-00 -00 Lonclti1" Poa cilncili (lricludcs Aggrcgate 40.00 6,040.00 eon cry to Paaeancni (lnctudc nlrgrcgatc .......T.... _ .. 22 (oji,m ct Co lcreu° 75 f 1' $4,875.00 Curb ( Includes .00 ?� Coll5lnlct (oIllrcic .00 52,200.00 Curb and Gulici' (lnclndes Ag4icplo . . _1 (un ixPlcl C oncl t'.ti Zt� �I' 1 00.00 8,500.00 cil�g: ci ntier 25 ( n ituet ConClt ii: 45.00 16, 695.00 Retainn.,g Coih ?( lustzill Uu� table �F $ 100.00 4,500.00 Warning aura. ac<; City Council 16 — 35 4/6/2021 13_;> of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO. 17-6802 LINCOLN AVE PEDFST'RIAN PA I IIWAY PARK 1_N -10 SANTIAGO CREEK AT-PL-506 3(1 77) 2.7 ('onstrvel I2ciniin-ccYi 9il) —.. �!� '� R ( "Im e Pacelnerlt 17.00 15,810.00 w1t1) Integl.ill Curb/Wall r1>avelrlcnt Portion \\/ irl.>er r 28 ('nn?u'll t RCIIIIoiced 10o 1_.1 X Concrete Pavement 100.00 10,600.00 uilll. lnregral Curb/Wall (C110b turd (i iltwr Ponlon 5V/ BilsQ1 29 ( unslnlu Rculli)lcc,I U)3 Lh i00.00 1Q300.00 C Onercle ]) to cme.ni Culb/W,JI Omix Wall Portion w/ I3.,,c1 30 6r[aII6 fall k!W _ Welded Wire Mesh 75.00 71,250.00 Pence 31 hl,lall 6 I all Madalar x90 I I '120.00 S1tl6,80tl.OD Dual Panel I elite (Vmd Planting Nor. 1nclUdedl 32 11ami Re,ulenrial 935 1 1 S 4 Screen Wall. 23.50 ...... — — 21,972.50 3: (lmslrucl 4' CMII GO I , y,ll 200.00�12,000.00 Block We 31 In<tatt I: uuc I S 19,000.00 19,000.00 3 , hhl 111 IyUa(1N 1l' I A X 650.00 1,950.00 S(RRA atgn -- — 3v - - Illmall Pall, "Ign -..... 1 IA - ..... -_ X 6,100Otl * 6,100-00 - -_..... -- 37 - In tdl hold i)ovun - 2 -- _._...... I S � Bullard 2,000.00 4,000.00 3x (onsminl (nomcd x nl '600.00 s4,600.00 Rip...Ra1) Apron 3) ( urlsuuct, unClClC I 1'A b 'b Drairlagc Channel 10,000.00 10,000.00 40 C c nstruu , tot." 210 St 30_00 ',2tltl_tltl Rlcc, R d Dlimlago SR'a➢c 41 Con<tnl [ �o light 1.... 1 A $ $ (.cucratc I leaay.-all 5,000.00 5,000.00 42 ( on,urtu I inc,l 1 I A X 6,500 00 '� 6,500.00 Couc,-ctc I lc.lduill l 4l 61,i.111b Dla,l«tel lr, I1 S S Dual Willi I IDN P11,c 312.00 4,992.00 City Council 16 — 36 4/6/2021 11-3 oP P-20 CITY OF SANTAANA PROPOSAL PROJITTNO, 17-6802 LINCOLN AVE PVDFSTRJAN PAI IWAY PARK LN TO SANTIAGO CRLEX ATPL-5063)(177) 4 1 bj,mll 1-7 O'cl, hs0 Y " 3-oo 29,550.00 I11)p,)1-Wl1 A I opaoll $ '6,300-00 63,000-00 PoIQ. ond loulldall"ll 4o Install I *25-00 25.000-00 Condlot Including . .......... - - ------ wlic-, ,17 Insuill 01olindim! l?"d I ......... .. f,A Well . ...... 1.000-00 1,000.00 44 Install VICICI Pudc,l 11 . .... . Panclboald, and 20,000.00 20,000.00 Llrilire "C]%,3cc fil'tall I'll]] Boy I O I A 600-00 S6,000-00 an [)range ComM I I'S $3 4 10 qKJ S�( j 16 Oil ( olp, 0(( C) Phwm�� (111miwl) S%,wm . 49,000.00 ....... s 49,000.00 37,000.00 37,000-00 5 4 1 LigpjnI:* r,ti I )A Y!, 1 4;n TOTAL„ BASE RID S1,051,195.50 .At)]) ALITRNA FES Item Description QtY Unit Unit Price Amount I Install Noitli I , Ild I I "1 11,0 00.00 11,000.00 S111FIC LV�11 �%% ( ;a1c and I cilclPl� 2 Install Boulfi I_:nd DoItHo lxal")unqg (411C and I '1'0'1'AI,AI)I)Al,'J'I,:12NA'1'1: Ulf) $1,099,195.50 City Council 16-37 4/6/2021 P-4 ol'11-20 CITY OF SANTA ANA PROPOSAL . PROJECT NO 17-6802 1 INCOLN AVFPEDESTRIAN pATIIWAY PARK 1-.N_ TO SANTIAGO (AFTI< ATPL-5003(177) The lowest responsible bidder shall be selected based on the total base hid- The City reserves the right to award the Base Bid, and any, all, or none of the add alternate bid items (if any)_ )'he quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "251/'()- limit as stated in Section 3-2 of'theStandard Specifications- The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the fight to increase or decrease the quantity of this item according,ly. 1-gallon and 5-gallon planting shall be performed by OC( C'_ For the landscaping bid item, only the price to Furnish the materials for the insialianrnt of the I -gallon and 5-gallon planting shall be included. The labor for the OCCC' installation work for I- and 5-gallon plants is included in Bid Item 50 l- This bid item is considered a Speaahy Item per Section 2-32 of the Standard Specifications. 1 IME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED 1)AMA(iF3S The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one. hundred (100) working, days after the commencement date stated in the Notice to Proceed Theliquidated damages amount, in lieu of the amount specified in Subsection 0-9 ofthe Standard Specifications, shall be S 1,500 per calendar day Nance ofFirm j, I ti,f . I .err, , r r I ,w v t Sigrtatureof-IiIDDER Title -- (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 ❑amen ol'President, Secretary, Treasurer and Manager, thereof'_) City Council 16 — 38 4/6/2021 P--S of I'-20 CERTIFtCAtl'E. OF CORPORATE RES0LUTION WRIGHT CONS'MUMON ENG0NEERING CORP I, Wefey Wright, Presicw nt u'I Wriprhl fhn,,4reraurrto kngmeenng Coop iyrf,ata,ted and e.n icing under 9. w ➢aws of Cahlornoar and hawng 0% pnne fpaal plat a ,A none%, at ; 'y fne•cta;) Dr ( arl%hao ( ahffoo-nia, herrhy Certify rhal the followonp, rs.a hurt r;ppay ,ff a rosoIotrato, oclof)Ii, d by tha floaal of of the (_orporalmn at a meeting convened and lotion JuN 9„ 2034 at %When 3 gdormii was pare•iew dini voting throughout and th,,at surh re•sol,o uen cifow ai full fnrt:e ,anti eflecl and r!�. ire ace ardanee with flit. Priry YMI of ihp rharte*t and by laws of the ( nrin,retwoa_ MOM VfD_ Tkaat it", frrosule"L We,lr•y V49roght, of trot, C..nrp n a4opn n nr•r@,^6;ay,➢ Ahomad to sign any +cant sett', or forFit , nn heraalf of the Cut not 3ftion. ➢ MI—VED CURfHER that rhn President, M."ley ehlrug,he ,o hf,loby aoffi Yaffe mu efaeLied to certify to any inCe'rvApd pdo / Im kho, r,nnlumn Is, boon my adoMPT a a, AA four and e^Wert, arid Is hr ,u (oulani't, wth the heravmkans of the i naam and by laws of my Corpnoraten. I funk r Coady that thr" f rro'pars r,3LCon .`: duly org arvCed duo eve,itong end has Vie gaomt Ira takre the. action ( aIIf: d for by tf e kue Lreoarp+ re;c)➢utmn. f�°.fw SiRSG tli '. vv e P'rardent , secretary _. „ Treasurer W ii ne: sS my hand %Pa. of thus eurpwaatrun on Uw, Pst day of JuN )011. f7 ate_ Fate r c ta,tta� Date City Council 16 — 39 41W2021 CITY 0 F SANTA A N A r PROPOSAL PROJEC T NO 17-6802 LINCOLN AVI. PEDF.>S I'R1AN 13ATIIWAY PARK C.N 'I'O SANTIAGO CREEK ATPL-50630 77 ) 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 Willi her signature and official seal noting hereon thee 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 finnn 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 17nited States Postal Service properly addressed to the BIDDER with thee 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 AGI-NCY and .shall be considered as payment of damages due to the delay and Offier 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, cxherwise,aid 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, thee estimated quantities set forth in the bid schedule are solely fertile purpose of comparing bids, and that final compensation under the contract will be based upon tite actual quantities of work satisfactorily. completed_ The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028_I5 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Finn Signature of Bll Title .' 1 �,a ,r — _... (If an individual, so state- If' a firm or cot partnership, state the firm name and give the namev of all individual co-panners composing the firm. If a corporation, state legal ntume of corporation, and names of President, Secretary, Treasurer and Manager, thereof) City Council 16 — 40 4/6/2021 I'-0 of P-20 r CITY OF SAN`I'A ANA PROPOSAL PROJECT NO : 170802 LINCOLN AVf I'E[)ES71tlAN PATHWAY PAIZK 1 N. "1'0 SAN'F1A(iO CREEK ATPL 506](177) C6N I RAC"IUR S l I(, l NS(N(t ANI) Rf Ci1S112A I ION S 1 A 11INIEN I" The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered 00 the Suite of Calif nha Department of Industrial Relations (DIR), and that the following is true and correct_ Contractor's Name- W r i, f r„, Business Address Z, L Business E-Mall Addiess Telephone: LLLLIY. +''1' State Contractor's License No and Class jw, , iL- , _ I.iccnse Expiration Date '(r ri' ,' State; Dept- of Industrial Relation,, (DIR) Registration No n, ire a r. State Dept, of Industrial Relations (DIR) Registration Lxpiration Date Signed Title Ir,. City Council 16 — 41 060021 P-7 of P-20 CITY OF SANTA ANA PROPOSAL_ PRO:IFCT NO__ 17-0802 LINCOLN AVE.PF'OFSTRIAN PATIEWAY PARK LN_ TO SANTIAGO C121J3K A l-PL 5063(177) PRLVAIL.ING WAGE COMPLIANCE AND MONI I'OR1NG STA I EME.iNT Contractor is aware Of tile requirements of California Labor- Code Section 1720, et scq_, as well as California Code of Regulations, Title 8, Section 16,000, et seq , (" Prevailing Wage Ianvs"), which require the payment ofprevailing 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, Contractoz agrees to fully comply with such Prevailing Wale Laws City shall provide Contractor with a copy of the prevailing rates of per diem wages m effect at the commencement of this Agreement. Convactor shall make copies of ti'te prevailing rates of per diem wages for each crab, classification or -type of workcr needed to execute the services available to interested panics upon request, and shall post copies at the Contractors principal place of business and at the project site. Contractor shall defend, indemnify and hold the Citv, its elected officials, officers, emplovees and agents free and harmless from any claim or liability arising out of any failure or- alleged failure to comply with tyre Prevailing Wage Laws_ ]'he undersigned certifies that the foregoing is true and con-eci. NameofFinn ,r,..o;.ri � ( Signaturc ofBIDDER (if an individual, so state) City Council 16 — 42 4/6/2021 13-8 of P-20 C YFY OF SANTA ANA PROPOSAL PROJECT NO 17-0802 LINCOLN AVE. PFDESIRIAN PATHWAY PARK LN_ TO SANTIAGO CR17FK ATPL-50fi3(177) QWNERS1UP AFFIDAVIT. SIA1),01 CAL11'OkN1A ('OUN 1 Y of ORANQ,1 (Tl Y O1 SAN7 A ANA I JJhnxvfDTfAf _] PAK 1 NLkSI Il? ss bung. duh -:wont. dtpou s nad s:+ys. lIll, t he ,hc a the p,rrn. me,t.mlt the (orclnnnit p rop(,.0I Thai lie ;lteisu nwmlh-1 "f dc'lpfl ckl w; and wl.o Fes been aid is doN 'raped wide ill, author+ry +,o ma4x and evmul,- mairtuncnts ('i the eo pt, ')".hip b, ' 11„ C"waitute the other member, M the u, paitnersltip. J'I ( 01WORA'I ION 'l-poi he ],,,I n an p, moon wLn h' umkvuq the t"regou.g ln..I", "d (—JO1N1 VENtillkl, IhaUc i,oC one of the 1?emc, making the loregontg rtnlxsal as llIrnnt % C1tRtre, and the he:,hc has been and n duly ve,ted %cith the uu0unav to e\ecirte utsuuunut, for an un behalf of the parties nml<irg s,iid bid ,vho are: that such a -hid is genuine and not collusive or sham, and has not in any mainTIer sought by collusion TO secure any aIdVdrtage against the City of Santa Ana or any person interested in the proposed contract, Cot'. himself or any other person �'�/mil •"' `' '" Sh4naturc of Bidder Subscribed and sworn to before me this day of 1, r <Q 20 Signature of officer „Admintetenng Oath (Notary Public) d H[ City Council "ril:: is , ti'i PIu.J Yf) ��,'u' i:,,16 �1,4adt 1 �: ro P-9 of P-'10 4/6/2021 CAL 11-ORNIA AI.L-PIJI2POSF; 4C'KNOWI FD(i} h9F:NT A Nolnry Public or other officer completing ntis ccndicatc ceutics wrip the identity o1 the indiN tdunl who signed the document to which this ccrtificnt:c is attached. and not the truthfulness accuracy, of .alidav of that document_ State. of California ('outtty of -San Diego: t4 On January 19. 2021 before ate, -------- Notate Public, personally appeared W who proved to me on the basis of Satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executes[ the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the irrstrrnroent. I certify under PENALTY OF PI-MUKY under the laws of State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official seal. SIC;NA NOTAI. Y S]:Al. AliOVI OPTIONAI, Description of attached document Title or type of document: Document Date. Signer(s) Other than Named Above' Number of Pages City Council 16 — 44 4/6/2021 CITY OF SANT'A ANA PROPOSAL PROJECT NO.: 17-6802 LINCOLN AVE.PEDESTRIAN PATHWAY PARK IXTO SANTIAGO CREEK ATPL-5063(177) BID BOND KNOW ALL PRESENT that, @fBPnght col, siru Hearn 0 i s I neeri n4l Coax as BIDDER, and U.S. Specialty 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% ), which is ten percent (10%) of the total amount bid by 131I:)DI:R 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 01; TTTIS 0131.IGATTON 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 WI IEREOF the parties hereto have set their names, titles, hands, and seal this 19th day of January ; 20 21 _ 2625 South Santa Fe Avenue, BIDDER* Wright Construction Engineering Corp. San Marcos, CA 92069 Ph: 760-525-2260 625 The City Drive South Suite 205, S1JRF; fY/j U.S. Specialty Insyrance,Company Orange, CA 92868 Ph: 714-740-7000 J. Younq, Attorney -in -Fact Alliant Insurance Services, Inc. 685 East Carnegie Dr. Ste. 265, San Bernardino, CA 92408 Subscribed and sworn to before me _... .. _ _._. > 20---' Signature: Notary Public in and for the County of State of this ___ day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. I 2 I.-I>11:) City Council 16 — 45 4/6/2021 P-10 of P-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 San Bernardino On ,`� before me, __..,,,,,,__ Rebecca Elizabeth Adcock, Notary Public Name and -rive of oricer (c.g.. "Jane [Duo. Notary Public"j personally appeared _-_- .................... ..... Cynthia J. Young..-...,_,__ Nam@(s) of S,gnor(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the r person, or the entity upon behalf of which the person r" - �Rcoorr 3E,r„1'tn Ad<o q 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 gofficial seal., -- Signature of Notary Public r OPTIONAL Though the information below is not required by law, it may prove. valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Docurne Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Partner -- ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of Ihurnb here CALIFORNIA CERTIFICATE OF 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 , �'� c �) <� On - before me, (here Insert name ana title of me officer) personally appeared J,�', ' ` , ( c �/ 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, � �nruldltl` 6 t ,•41� COMM rr <I 3`.r� s• hl r er< ff Ort ulr (1n11y Aiy ( r rrt I rr- Nov ., 013.f (Seal) Optional Information Altho-gn me information n th ,3 s,oion is net required by law. it could prevent fraudu ent removal anc rcettachmeni of inls acknowieogment to an UnaUtnor Ged dOCpmBot and may prove useful l0 person< re yinq Gn the etcaChod document_ Description of Attached Document The preceding Certlfcate of Acknow edgment Is attached io a deciment titled/for the purpose of I containing pages, and dated The slgner(5) capacity or authority is/are as ❑ Intlivltlual(SJ U Attorney -in -Fact ❑ Corporarr Officer(') ❑ GuardlaNCoraervator ❑ Partner _imltEU/General ❑ 'I rustee(5) ❑ c)mee repret,enritig_ Namefsj of v�¢mf°) yr inrlry6ag signer3 Flepresennng Method of Signer Identification f roved to me on the bass of satisfariory ev!oence: O form(s) of o,,)T ncwoon C) m o o' wltness(es1 NUtadal avert Ig dete,ed in nOiary)Ourr,al ran_ Page it Eniry a Notary contact_ Ocher ❑ notl'd onal$gner(s) ❑ Srgnef(s)Thumbprmt(s) City Council 16-47 0 Ctpyr cirit a00) C!01 J Ne[ery IiOtdry. GO hod 41404_ Des M( rr- A SO," 010>. P11 Aign,i he RtveO. Irnm NpmL^r D, ,, yn r "" t',"d 4tt11C1 IO f Rrc f"r-, STATE OF CA,LMORNTA DEPA]K`I'1b E NT OF INSURANCE NQ 0 7984 SAN FRANCISCO - ---- Ams±.endrd Certificate of Authority THIS IS To Crmi-&`y MAT: Pursuant ro the lasurom, Corte of the State of California, U.S. Specialty Insuranco Compnny Of Houston, Texas , organized wider fire laws of Texrya , subject to its Articles oflneorporarion or otherfi,rrdaneerrrat orea'MMOnot daLwmCWS, ix hcrcby aadmrized to rraresact witlda rise State, sabject f l OR tnnvfrions of this Centficafe, riw following classes of insurance: Fire, Mard.ne, Suroty, bi.sahi.lity, Liabil.if.y, Workers Comisenanti.on, Aircraft, and Plisselhmeous as sserh closscr arc nory or may herenfrer he defused m file lsrur'anre, lows of the .Sense of Californio. IIus CIiRTIffiCATB is expressly conditioned upon the holder hereof now and hcroafierbeing ill full compliance Walt oil, and not irl violation of any, of the eipplicoble laws and lawfut require w-ntr made raider atuhvrify of rile laws of the Stole of Califorma as Igng as such laws or requirements arm in effect and applicable, Octet as writ larvs and requisenwas now arc. or may heregffar be changed or ufnended_ IN WffNf;SS WIfFR,130P, rJfccrive as of rite ? 9C. day of DeaemLei _ ?_004_ [have hereun[O set ray hand and caused my official eeal to be affixcd Bois drt D*.CC ber 200. .__— ..___............... y of BY for Idn 2odrow endi NOT1C I: / 0 culo wi(n cite Secretary f Stmc ar 6c r c - r pl rahcd m qo{r A by thcL�9h nk.!'rn{rerttrttlf�ro0c pror IIly t' svn ofthisCersifirutcofAnh rly.Catluretoroan will Ill n'olxtioa of lnrumce Co.9e9 1im,701mui ❑er proand. for rrvoP sg dl,F Certl¢,i¢ of AoNomry pv¢oarno to mr. convcnane<mnOc ill the applicnoion thnr fur rind lh, condidonc conminsd hac{n. City Council 16 — 48 4/6/2021 fi TOKIO MARI N E tiCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a M aryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint: Jay P. Freeman, Laurie S. Druck, Cynthia J. Young, Christina Mountz or Melissa Dawn Schwartz of San Bernardino, California its true and lawful Attornoy(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed "'"Three Million—' Dollars ( •..$3,000,000.00'-' ). This Power of Attorney shall expire without further action on April 23i6, 2022. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be It Resolved, that the President, any Vice -President. any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company. to execute, acknowledge and deliver. any and all bonds, recognizances. contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attornay-In-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, trial the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1'1 day of June, 2018. AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED STATES SURETY,.. COMPANY U.SySPECIALT.Y• INSURANCE COMPANY State of California County of Los Angeles iX x a By: Daniel P. Aquilar, Vice President A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to On this 111 day of June, 2018, before me, Sonia D. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .,.o. u,atp Signature p/��a �bVu.3'r(seal) I, Kio Lo, Assistant Secretary American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect. furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Writs). ss Wherepi-,11 ave hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this Bondfate Seals �) q��k7Y.. P�Qs xu xej.,, Bond No .;LIi 6- .....�. V ' r t V f -."c� max, i �� Kido. Assi Secretary 21 Agency No 3501 L t�' City Council visit tmhcc.comrcurety for.-MD-nf®FJtation CITY M SANTA ANA PROPOSAL, PROJECI NO: 17-6802 LINCOLN AVF. PI.Dl-SIRIAN PAIIIWAY PARK I.N. "CO SANTIAGO CRI:I-x A FPL-5063(177) I..IST OF SUB -CONTRACTORS Section 4100 el seq. of the Public Contract ('Ode requires listing of'all subcomme(ois I+ah the bid for all subcontract Is-oik cxcecchn(, the follo%lulp, anlomir. o Sucets, highwaes includntLi bridge prolca �'io of the bid or $10.000, (Nluchever rs greater c Buildings_ parks_ of other project, '�2 % of the hid Section 1725 i of the Public Contract Code Iequfres all Subcontractors be registered x\ah the State Department of Industrial Relations (DIR). BIDDFI2 proposes to subcontract certain portions of -the Isork to the firms listed below_ Name IEcono Fencc..IMg. License Pl/Exp 3-3.7734 exp. 9/30/21 DIR Reg'. 41Fxp, h.Ocatron 5261 Pedlev Rd., Riverside. CA92509 Phone f4S11 k925_5nnn I'vpe Of Work 59nalr..s Jn5,ialtxrirg temo �t saes Amount $ 126.05.0.0.0...... Name License H/Lxp DIR Reg. #/Exp 1,icense fl 225,1.74..... 9ME Edna PI C Location .Qvwna. Qq g]724.._.. Phone (626)331-22921 'l ype Of Work Graffiti Coatings & screen wall painting AIIIORIIt $ 21 19n-nn Name License 4/Exp- 641391 exp. 3/31/22 DIR Reg. #/Lxp- 1000006083 exp. 6/30/23 W License # 64139L..--.^-_ _ Location 520 S Central Park Ave. East, Anaheim, CA 92802 Phone (714) 284-0500 Type Of Work Supply & hnxtall monument & Park Slgo Anloant $ 22.500.00 _ e �,. i ✓ `_tiignaftlfC of Bidder Natme License 4+xp- 492862 exp. 6/30/22 llIR Reg h/Exp- 1000000079 exp_ 6/30/22 Location 3707 W. Garden Grovo Alvd., Orange, CA 92866 Phone (714) 939-6600 'l Vpe O t Work Landacia e. Irrlgadon. DG Path & Claae A Tonaoll Amount Name License MFxR yysans nen- s/31/91 DIR Reg Gl/Exp- g00nnn1n7s oxn- St�na2 License !f Location 5312 Cypress Sit- CA 90630 Phone (714) 995-9100 Type Of Work manly & Install SCRRA Sign —. AnlOtlllt $ 9 Ina nn Name License 4/ExP- 7$8518 exn.7/31/21 DIR Reg #/Exp- 1000004804 exp. 6/30/22 License 4 7,38518 Location 14320 Alhers Way;. Chino, CA 91710 Phone ranotoox_rA7A Type Of Work Install EI Amount $ 94.9.MM City Council 16-50 P- I I of P- O 4/6/2021 CITY 01 SAN A ANA PROPOSAL: I'RO.II?CT NO 17-6902 I_INCOLN AVE. PI DESTRIAN PATHWAY PARK LN TO SANTIAGO CREEK A ITL-5063(177) Rf- FIFI_RENCESS The following are the names, addresses, and telephone numbers for'llIREE public agcncies for which the BIDDER has performed similar work within the past three vears_ Name and Address of Owner. _ .... _ .._.......------ Name and Telephone Number ofpu�fort famtlrrir with fprulect I Contract Amount Iype of Work _ Date Completed 2.. Name and Address of owner_ 7 �... ..._..- Name and Telephone Number ofperson familiar with project Contract Amount Iypv of Work Date Completed i. I .I y hll G, "% II 7 r I I I r" f `// a Illf I I 8, —.__.... _ ._ ::... _ .. ._....._ Name and Address of owner. - t _ F.'. — _ __..._......__........_._ Name and 'Celephune Number ofpcnon f "Imilim with protect. ..Li y Contract Amou nt Type of Work Date Completed I he following are the names, adldlres,es, and to ephoue rltmtbeis of all brokers and surcues. from whom 131DDL;R intends to procure insurance and bonds. i!;vI ^fryI ( rrh,I' f�.54y'r21 vJy f`/Illi City Council 16 — 51 4/6/2021 P- 12 of P-20 ( ITY OF SANTA ANA PROPOSAL PROJECT' NO 17-6802 LINCOLN AVI= PI DES IRIAN PATHWAY PARK LN_ TO SANTIAGO CREEX AT'PL-5003(177) ADDITIONALRI E'ERI=N('ES The following are the utunes, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five ycars_ I ,rr :f'rf / it n [ f: i r Name and Address of Owner_ ...:}�I l , Name and Telephone Numbel of I,)et son familiar with project. _ . r,o ' ur '4/°U 0 Contract Amount I vpe of work Date Completed �. —. t'ti! :l` " irk C: i ;� i. �:y ni r,:iC f i f�`-'r r i I� c L� ��i r, f ------ �------- Narne and Address of owner. Nsarne and Telephone Number ofpelum familiar with project_ Contract Amount Type of Work Daze Completed 3 f� f t. �' IDYL ,f L Yrir2✓r Name and Address of owner. d Name and Telephone Number of person familiar with project_ L r fJ H H [h 0 ,f mpil 1 1 t i' ( If'r p r t Contract Amount Fvpe of Work Date Completed The f0110winJ2, are 111e names, addresses, and telephone numbers of -all brokers and sureties frc'>rn whom BIDDER intends to procure insurance and bonds. f7 I ( ' I { (1rh : r 4,l' City Council 16 — 52 4/6/2021 P- 13 ot, P-1-0 (:ITY OU SAN"I'A AN'A PROPOSAL, PROJL-C`I' NO 17-6802 LINCOI N AVL PEDEi TR1AN PATHWAY PARK LN TO SAN"r1AGO ('REEK A"1111.-5003 (177 ) NON -COLLUSION AI-I-IDAVI'I (Title 23 United States Code Section 1 J 2 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 tyre 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 inducted or solicited any other BIDDER to put in a false or sham bid, and has not directly of indirectly colluded, conspired, connived, or agreed with any BIDDHZ 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, convnunication, 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 }mice, or of that of any other BIDDER, orto SeCUre any advantageagainst the. public body awarding the contract of anyone interested in the proposed contract; that all staiernents contained in the bid are true, and, further, that the BJI)Dl',R has not, directly of indirectly, submitted his or her bid price or any breakdown thereof, or the content, thereof, or divulged rnforIll atioil 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 et1`ectuate a collusive or sham bid. Note 7lte above Non -collusion Atlidavit r, part of the Propostd M DIAf RS are cautioned that making a false certification may subject the certifier to criminal prosecution. y�... State of California County of i Subscribed and sworn to (or .rffirmed) hefore me on this P u i day of ..,[ir , i �, 20, 1, by 1r p f.l[ 1 proved to me on the basis of S Itl'd actory evidence to be the person(s) who appeared before me Notary Public Sre;nattue - Notary Public Seal i i City Council ' :sl . n. „°i<< �' _,� �..,,..,��, 7, 55 C VI r I ", 4/6/2021 P- V 4 of P-20 CITY OF SANTA ANA PROPOSA I, PROJECTNO 17-0802 LINCOLN AVE.1'I:DES7 RIAN PA F1IWAY PARK I.N FO SANTIAGO C'REI:K ATPL-5063(177) NON-DISCRIMINATION CFRTIFI(`A'I L Fite undersigned contractor or corporate officer, during the performance of this conu-act, certifies as follows I fhe Contractor shall not discriminate against any employee or applicant for employment because, of race, color, religion, sex, or national origin. Fite Contractor shall take affirmative action to ensuree that applicants are employed, and that employees are treated during employment without, regard to their Lace, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following_ employment, upgrading, demotion, or transfer; recruitment or recrunntem advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship The Contractor agrees to post in cOttspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2_ 7 he 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 fhe Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining, agreetrrent or Other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commivmenis 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 ol'Executive Order 11246 of'Septeatber 24, 1905, and of the riles, regulations, and rclevant orders of the Secretary of Labor. 5_ The Contractor shall furnish all information and reports required by hxecuTlVe Order 11240 of Septcrnbcr 24, 1905. and by rules, tegulations, and orders of the Sccr etavy of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretory of Labor for purposes of investigation, to ascertain compliance with such miles, 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 Hiles, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible f'or further Government contracts or federally assisted cortstntctiat contracts in accordance with procedures authorrled in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Lxecutive Order 11240 of Septernber24, 1965, or by [tile, regulations, or orderofthe Secretary ot'Labor, of- as otherwise provided by law_ City Council 16 - 54 4/6/2021 P- 15 of P-20 (ITY OF SANTA ANA L, Ci�fl PROPOSAL PR0:1F("1 NO, 17-0802 LINCOLN AVE' PEDEFRIAN PATHWAY PARK 1 N '10 SAN HAGO CREEK ATPL-5063(177) 7 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every tiuhconvact or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 ofExecutiveorder 1 i246 of September 24, 1965, so that such provisions will be binding upon each Subcontract or purchase order as the administerrn agency may direct as means of enforcing such provisions, including sanctions tor, 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 adruinistering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States 8_ Pui suant 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 ofsuch persons, except as provided in Section 1420, and any contractor gfpublic works violating this Section is subject to all the penalties imposed for a viol`sitton orthe Chapter. Signed Title' Date City Council 16 — 55 4/6/2021 P- If, of P -20 CITY OF SANTA ANA "l PROPOSAL PROJECTNO 17-0802 t-INCOI.N AVE PEDESTRIAN PA7I"IWAY PARK LN TO SANTIAGO CREEK ATPI- 5063(177) S1"A']'1:MfiN'f RE:<iARDtNC AI'Pt2F;N7 I(I SHIP RI (JUIRt_MI NIS The, undersigned B IDDER is familiar with the requirctnents of Section 1777.5 ofthe State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding D0,000 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 fora certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. )mploy 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 tie/sire 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 sq,,natory to the trust agreement shall pay a like amount to the California Apprenticeship Council itle; - ir. "h'y Date City Council 16 - 56 4/6/2021 P-17 ofP-20 CITY OF SANI'A A N A PROPOSAL PRO.II CI` NO 17-0802 LINCOI,N AVL PI-DESTRIAN PA'PHWAY PARK I,N TO SAN FIAGO ('REEK ATPL-506t(177) 51 11.1,MLN1 RL(t \RI)INU..... 'ANII.Ki(KBA('K RF-.Qt,11R1 MI Nl_S The undersigned is submitting this proposal ['or perfoiming by contract the work required by these bid documents, agrees to comply with the Copeland "Ami Kickback" Act (18 USC 74) as supplemented in the Depammem of Labor re-ulations (21) ('1 R,, Part 3). I'his pact provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person emploved in the construction or repair of public work, to give up .any part of the compensation to which hetshe is otherwise entitled- , - - - Film Yw, f, fr(,rf Date City Council 16 - 57 4/6/2021 P-18 of (:TIN OF SAN'F A ANA PROPOSAL, PROJECTNO 17-6802 LINCO1,N AVE PL:[)ESl RIAN PATHWAY PARK I N. TO SANTIAGO CRIA:X AT'Pl 5001(177) PUBLIC CONTRACT CODt- SE T [ON 10162 OUES1 IONNAIRf 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 ernployee of the BIDDER who has a proprietary interest in the BIRDER, everbeen disqualrlied, 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 Il the answer is yes, explain the circumstances in the following space City Council 16 — 58 4/6/2021 P-I9 of 13-20 (ITY 01F SANV'A ANA PROP()SAI, PROJECT NO 17-6802 I INCOLN AVEi PLDE ,'I RIAN PA I GIWAY PARK LN TO SANTIACIO CREEK AT"111--5063(177) STATEMhNI RLGARD1NC,i('OMN1IfNITV WORK FOR( A(JRLI MFNI'._ccw REQIJIRI{MEN 1"S I"his is to certify that the undersigned BIDDER, and subcontractors, have read and understood the ('WA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017 The MA is avmlable at �I Ili v v, , all uI. i 0 , )i z f , , The undersigned BIDDER herebv agrees to conlply with all tetras and conditions of the MA, and is capable of completing constructiotl of the project continuously, and without irnertuptions or delays_ If awarded an_v work covered by the ('WA, BIDDER will also he required to sign the Letter of Assent that appeals as Attachment A to the ('WA_ '['lie undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 7-5a and the Notice al Inviting Bids Title % Finn, Date: City Council 16 — 59 4/6/2021 P-20 of 1)-20 CITY OF SANTA ANA CONSI'RI VI tON ('ON I"RAC'`C` PRO -Hi ('1 17-6802 LINOOI.NAVINI0.PLfaLSIR1ANPAII-IWAYPARK I.ANl,10tiAN1lMA RIILKIAfI'i.-�o63(I"F"7j] (R.fA3It.)) t his C(1N`, I RfK TION C ON IRACI is made and entered 'onto this 6" day oI April, 2021 by and between the (;sty of Santa Ami, Cahfinnia, a charter city and municipal corporation orf;amCcd and cxistillg under the Constitution and laws of the Statc of Cahforonia (hereinafer 'CHY"), and Wright (onstruction Engineering Corp (hcreinalier -('ON I RAC "IOR-'). W I INf-SSl-'l 11: I he CITY and the CONTRA( I OR, lOr the consideration hereinallel named. mutually a).rce as follows: CONI RAC OR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to cousu'uct and complete in a good and %vor kntanlike manner and [o the satisfaction of the City Filgineer at the (I I'Y. [fie Lincoln Avenue Pcdcsti ian Pathway Park 1 ane to Santiago Creek Project (hereinafter refenvd to as the. --WORK OP IMPR(1VI_VILNI-) identiircd in and in accotdancc with file Contract Documents prepared by the (''ity'S Public Works A,;enc)v and approved by the Csty ('ouncil. 2. l he complete ( onsnruction Contract consists of 1ne "( ontract Dr>cumenn" a•, dctlned by [lie Standard SpecificationS for Pnbhc Works (:onsu-action and %%hich include the f0110wiM-1: • Notice Inviting; Bids • Information tc, Bidders • Bid Proposal • Bid Bond • Contract Fortin • ('nttract Bonds • (iencral Provisions • Special Provki ins • Jechrucal Pro%isionsand Project Plaits • Community Workforce Agreement. • Appendices h) case of conflict between the ( ontt aci Documents. the precedence nldocnmmnts shall he as established in the Standard Spccihcations for Public Works Construction. 3. ('I1 Y agrees to pay "Ind CONIkACIOR agtces to accept in r"ult payment to complete the WORK OF I,MPROVI'MLN F the sum tonal amount not to exceed One Million Nincty-Nine ITllousand One 11011dred Nincty-Five Dollars and I iffy Cents (SI.499Ic)S.50). as set firrth and 'idcutified in the 1311) PROPOSAL, which is attached hereto and 'incorporated herein a, Fxhibit -A-- . City Council 16 — 60 Pa�74f612021 4. MNTITAC IOR agrees hr complete it WORK 01, IMPROVLMIiN'Iwithin the tune specified in the 1 itne for ( ompleuon of hruprovenwrnm sexaion of the BID PROPOSAI NAhihit "A-i including, cumnwricing urn8truction within the unit rame dwran specified after issuance of a Notice to Proceed, 5. I he ( ON IRM ]'OR will pay, and will require all sLlhul11UaC10rn Us pa,). all enrplosces on the WORK OF IMPROVI ME_N I' a salary or Auge at last talual to the prevailing:, salary or wake rstnblishcd for such work as set forth in the «age detetrninanons for this work in accordance with applicable State and Federal law. 6. If applicable, the ('ONIRAC IOR "hall adhere to the ( HY'S Community Workforce Agreement R WA), a pre. hire collective bargaining agreement_ which e,tahhshes the laborrcla6ons policies and procedu.ures lorCON"I RA( IYR Us follow hi the eraRs pcnom employed to complete the WORK OF IMPROMMI N fits more fully desc6hed nt the Cw A. flue ( WA n'uay he: found rill rho° City's wehsite at: burl Vv , " nr v u. r 11, ," t v r in, ttr .rnl, i' % 7_ CON I RAC IAM shall, after award of this Contract, furt'ish t%vo bonds to be approved by the CI I Y. one to the amount of One Hundred Percent ( IQP M) V the: f onlract pace, to guarantee the faithful perrormance of ilte work (Perfor rnance liquid, and one in the amount of One Hundred Percent ( I WTQ of the (Antract price to guarantee payment elan Whirs for labor and materials turnished (Payment Bond). I his Contract shall not become effective trail such boiuk are supplied to and approved by the; (:I I Y. I CON"IRAM (HA shall, prior to the release ref the perdormance and paytnent bonds or the retention payment, furnish a M arranty pet 6ormaruce and paynu nt bond (Warranty Unit). .Said 'Warranty Bond shall also be required as a eorudirtou oflarojeel ae,ceptarrcc. I Or ItrOiC.Cls up to Five hundred I housand Collars 0500,ddM), the Warmnty lhoul am, writ shall he the greater ofTen I hOtr,and Dollars (S I0,000) or Twenty Percent (:2W°6) of the final contraca price, for projects above I is,c Ilundred I housand I;Aollars ($5 iMR)), the Warranty lQud anutrutt sltall be the: grealcr ofOne Hundred I housand Dollars (S 100010) or It" Percem ( I of the lima! contract price. 9. CON"I RAC I OR shall, after award of this ( ontracl. furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the (icneral Pun kions, to he approved by the (Ff Y. 10. INDI'MNII RATION. I the lullest extent allowed by ht". CON I RA( TOR and its Subcontractor; hereby agree to defend, indemnify, and hold harmless CITY, its ( il,y Council hoards and cornmissiorts. or6ce"rs, agents, employees, representatives and volunteers 0wreinalier collectively retetred to as "Irtdetruntees"), through legal counsel acce)'Mablc to (:'ITY, from and against any liability. claims, actions, costs, damages or losses, including reas(nahle eosin and attorne3A lees, Aw injt.ury, inch.N, death to any person or damage to any property, ariMing directly or uutnealy Mr. or in any manner relating to. any ofthe fi>IlowinL: 0) Pcerlormance or nonper(ornaance Of the Weak ,,f Improvement by CONIRMAM or its Suhcnntractorsof any lovwcrtier: (ii) Per harmanec or nonperfor-Ma tie. by (ON FRA( TOR of its Subconuactots of any lower tier, of any of the obltesmous Under the Contract Documents:. City Council 16 — 61 v*611(121 (tii) I he untsinmion acf'ivitrc� of CW. I RAC I OR or ns SuIxonfracums of am luwer tics, either on the ptojccL tote of i4t rHher prohc rlien; (ib) The 11,1 nlnent of nonpzitin nt h1 t ON fRA( IOR of 1nV of 1t, '�klfl(on4raclorl of an.N lower tier lilr "'of k of Imprrlvciucw 110 fiosmeJ on of Off the project site.: and I And pel"onal inyury' pnrpertl darna,_c of cvonronic fog., to (hird pcl l,ns related to and atlsin;:_ fionl the pel tilrrnarlce. of nonperR,)nnance h} MN I RA( I 011 or ns 5ubronuaum, or am lower oinr, of the Work of Impimci zenf. (0) 1 he mdcmnity uhhwadons of Su hconnmow, pnwtdcd ➢1y thi, Se'tion ;hall he included in all sHbo am-'.uI d<x:nmcnf, t�sncd b%, ( ON 1 RA( I OR. Notlnnj, in file (luuract Doctancin" hall he Qon,tuted Io a.;ke ri,e to tiny implied rivju of irodemnity in tabor of ( ONI RA( f I)R against CI I't or of y other Indenmifee. IN "'II NCSS WI IIA1:01 . the putows hurch, have execnfed this ('rmonmAn Contrast on dw Q and Vcar fiat al:loce: written. ,ATTEST: INUSY (JOVIR/ Clerkorm Couns:il APPROVED AS TO FORW SONIA R. (_ARVAI fit:) ('it) Attorney fi,:.ru C .n� ....._ AM IN PUNK A>ststant Ctt, Attofney RI ( OMMf?NDf,1) I OR APPROVA),,: NAM] SABA., PIS: t[xecutivc. Director Puhliv "oaks Ak',emr (TT% OF S.AN'f A ANA KRVO INI: RID(if (_ 1IN t RA(_ I R: Wrtclu f onsnnctt�m fny:inre;ring i'orj;l. City Council 16 — 62 WIT2021 EXHIBIT A &d ReSUI'-S BiCld3r Det'ai;S vendor Name Wright Construction Engineering Corp Address 2625 S Santa Fe Ave San Marcos, California 92069 United States Respondee Jason Merritt Respondee Title Estimating Phone 760-599-3915 Email jmerritt4wrightagmall. corn Vendor Type beense # CADIR Bid Dela;l Bid Format Electronic Submitted 01 C012021 1_58 PM (PST) Delivery Method Bid Responsive yes Bid Status Submitted Confirmation # 240345 Ranking 0 R e'4 onoe"e COIllf n1 n1 Buyer Comment Bond e8ond Contract ID Atracem�nt; File Title Bid Does-EXECUTED1 Of Bid Bond l.par Ownership Affidavd.pdf Non -Collusion Atfidavtt Pat File Name Bid Does-EXECUTE01 pdf Bid Bohot.pdf Ownership Athdavit_pdf Non -Collusion Affidavit. pdt File Type General Attachments General Attachments General Attachmentnc General Attachments City Council 16 — 63 4/6/2021 HA ANA I JNCOI 1, AV F, I'l AM S I R I A\ I' N I I \k Vi il VRK I\ 10 S\\ I I A(:(, ( R I LK AI N - �( 4,i( 171 y I � PJI'k QPQ. IN I FO ( 11)'('OI'N( It 01, 11 H-A I FY (A S %\fA "RON, VIKUYAK"a RIQ 11ALNIF!, I the Lmdcrs,y!ncd hoddej (JCQLvC' lhal lhe% hate catcjll' i'virmiled the focauorl of the prop'�sed isork' that they hale C%mvined the C mmas lkwumnaN in w, enurei\ and hereby pwpos(,s to I'Limish all material and (to all the a i a k equHLd 10 001UPWIC the s.11d k W k W .,,dance CC with 'Naid plans (Zany) and the spendmumN I m the twul In W%) w lmnp mou(s) wi in Ain the NdAm"nu, schedule 12 Ron, 'd rn t n i; i Ilk price %mount EA W Do 1 Pon O'l EA LS 30 2 EA SOON I 0000f, .. ...... ... ........ EA EA I rt1474LPTO '00c) E-4 rY n o EA I LS 5 0�)') UO SflIY} ",Q EA . . ...... --------- ...... .. .. SO no To I Uf) -F V& It too n(� City Council Vd q 1�w 16-64 AM2021 H N M. S k N I A ANA PIMM )�)Al PIM11 (I Nl() 17 1AN( 01LN AVL III D I ti,HUAN: P\ I M\ A) 1' NRK 1.\ 10 t I %(io( RFAX Item DvNcriptiml I nit I nit Pt ice *,Iflflljjtt nw O'Cl 10 cI' oll IYj j_Ij C,j t 00 10 fIl:l,l o q I 'at I; 1L z I , 4 0 0 0 F', 0f 7-- b and Hll,lr;d" I'( IT, Ii SOO J13 ❑Ir n .1 City Council " - " ' '"16 — 65 4/6/2021 fire f)Fs.xNI y� PR( )11( )Snk_ PRMI ( I "(I l '.r,f (i2 HVOIA AA9 I'IL)Q-SIR] PA III" 1'\o-tkI Mi'V IIx(i( RII-K C+e Jr tI ,Imia�7 +��.I "ip t ,m:n r, P,. cnrrm f :(711f i i i�Ll u. Ott, lnnse.,l t wl'1' tl. :6 and I 13s .�n + _ _ 4 •t, cr, �i I a '�ilro-i ! 7� 6•n_c 1 a0 I r ❑, r, h' ,l.i r„} I i� l uir.ho ti I 1 ( L91 n[r i{ 1a l OI) .I li ,t lkl I Wt, 5 r,.:u. y > l]ti � 1 >C s( M 1 C)4rl7 ' '}fl I � P'zra (Ifl Pro P)0 ,t �rFr hR V _.._ ... .- ..... ,. —_Ir�r��flM _...._ ....._..... I� (!Nr olVt i 1 7dr S66) I�l d:r€I Ind 11l, ier - I . ,r)OI1 Ii'f 2 F ibo7 u,( f) Il,l( lly;l V CI I(7 (cif) S.ax�i Iles,➢tl ,.! i c! City Council 16 — 66 4/6/2021 f I I I OF SAN 1 .VNA 6'W iIf ('I I_IM N A; A%I III DItiIM \Nl P N I I I ',Al P -ARK I A I SAVI VI(1CP.t I K ;n 1 I n,l 11, i,.LIC7 Jm l v i, t. �171 Uri { P111u q..i 'A akl �� YIv'r f tr iI�1iI flw7 I ,.l .-H .11A.IDJ — ��i hi 1,1` 1" I K, 11"wi( _ 1 ilY 111 ll h 1.f 000 G_j I Ih.I'4 1 vX , ..._ I .._....... __ ....... 3 (11r�) .. ..._._ 1 - [tear I)etertptii�n Qf� l +eu mm I{IJ IIC�"all I J'A C]III pricc AlliqunY i j1 LC,Ii II11 VL NAM 11_TF K\ N I E 1111) 5—u,ol ,, t Pl, J, City Council ' ' 16 — 67 4/6/2021 1`I{(1➢ OSAI. PR-O H I \(I I.IWO1AAN1 I'Tl)I SlltlAAPAJI1i%YP`,RkI`. I0`A\fI\6(1URII>K I PI ->M, i(p 77) Me Q%esr, responsihle bi ddv_a ,41n11 be'1000C I ha.ed can chr: naUO ID ISe hid Tlae ('tv l rescan ,> the nphi ttt wtud the Hase Bid and ant dh in nnne (al We nWtatconair hid Orion of ant 1 I be cquanittc I'or th), bid item P'. �,htmfi N" find rrniileari..aa �'nN I ht, bid itettt OLIN nol he mhyect ro Ilan --'.111 firttit a, .t,u2re1 in tie: tu)n ." of 1he tt,rrtdatd spe•eadh soon. hh'ie acxua0 amann Am INS item M lw dre aferl i,% the a_tual cpu;arrtit% u,eet, and the -aQctt; t Ic'eQr%e, the'- nght to Income or d, a t,:zase We qnaanm% n9 im hynt ,tcov,hn, I-s;=m and 5-ti;tt km IaYnrtit n; mmH Esc Irol "aw E h% (W U I or the Wdscaping bid hens. i'wW the price to famish At: matcnals An 1tu ue>oall3,tit a Oft,: Wallc4 and `-Laf tal plantiti)-z shall be included the IWit l(t thteO((f intallat"", "m for I- and 5- alEon plants i, int ludcd to Bid Item 90 a I In',, bid item is considered a Specialm Win pet '+c<min 1 .' oftbe QvIdard Specifncations I_MI FOR (C)\tl'L_t I CC)\.Of .k\il'KC)\ f_ �1E \ G� Fhe undos geed hid do perch y aigwc, ki wnIf cie Ibe IV, k fim the tons) has,e hid aMIII III t shovan alttne, within Line ..hunted lt)(i "urPo d,s5 ;yaw the onntuetu enrent dwe noted bite e Wnce tri Pioceed The hylidmed damage, amouno In huff t;>f [lie antiOuno 11) cdfed in Sathsecnon f>-` ,al the Slarilatrd Spcwfi canon v shall he %I SW per calends Lime Nam : of First 5 ndnLit Life ill, B I )I>EE..1t I We (if an tnclistduni ,o ,ratc. If a fsttot or co parttutis[nw ,i ate ate faun name and )ttse the nautr, of all Indic,idual CO- .i)artnei, cpmpt)srttQ the I'll 11) If :1 col poratr"m ,tale lVeal 113111k: of a)rpotalonl. Lind narnes,11,Plc-adcin leoIoan Iota"kili.r'and Xlanavrn,lhefc;fk City Council ' -16 — 68 4/6/2021 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6802 : LINCOLN AVENUE PEDESTRIAN PATHWAY FROM PARK LANE TO SANTIAGO CREEK [ATPL-5063(177)] (REBID) Construction Contract $ 1,099,195.50 Contract Administration $ 50 300.00 Inspection and Testing $ 60,591.50 Contin envies $ 131 904.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,341,991.00 City Council 16 — 69 4/6/2021 Information Technology https://www.santa-ana.org/it Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Agreement with TPX Communications for Telecom Services AGENDA TITLE: Approve Agreement with TPX Communications, Inc. for Telecom Services in an Annual Amount Not to Exceed $50,000 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute the agreement with TPX Communications, Inc., for telecom services for a three-year period beginning April 1, 2021 through March 31, 2024 with the potential for three (3) additional one-year (1) renewal terms, exercisable by the City Manager and the City, in an amount not to exceed $50,000 annually and $300,000 over the life of the agreement if all extensions are utilized, subject to non - substantive changes and approved by the City Manager and City Attorney. 2. Approve payment for invoices for services incurred with TPX for telecom services through April 30, 2021 for an additional amount not -to -exceed $18,000. DISCUSSION On March 6, 2018, the City Council approved a three-year agreement for $80,000 with TPX Communications (TPX) for PRI trunk lines that provide local and long-distance telephone service as part of the City's conversion from a legacy phone system to a Voice over IP (VoIP) phone system. Due to the COVID-19 pandemic, staff had to pivot to a virtual workforce which dramatically increased the telecom charges incurred. As a result, the City has exceeded the amount authorized in the 2018 agreement and requests that the City Council approve an additional $18,000 to cover costs in excess of the previously authorized amount. The City's recently implemented a new VoIP telephone system that supports all departments and all City facilities. This system has the most current and advanced features available on the market. In order for the City's internal phone system to connect to callers outside of the City, the system must be connected to the Public Switched Telephone Network (PSTN). Currently, that is accomplished by using PRI trunk services. However, PRI trunk lines are now being phased out by local vendors in favor of more City Council 17 — 1 4/6/2021 Agreement with TPX Communications April 6, 2021 Page 2 modern SIP trunking. SIP trunking provides flexibility, scalability, and other advantages over PRI. The City and TPX have developed a plan to implement a SIP architecture for the City. Once completed, PRI trunk lines can be eliminated. The City is also looking to procure minute bundles that better meet the current usage used by the City in order to make the monthly cost more predictable. If the call volume decreases once the pandemic is over, the City has the ability to reduce the number of bundles purchased. Telecom taxes and fees are dependent on the number and duration of calls and difficult to predict. The annual not to exceed amount estimates the worst case, high call scenario. The current agreement for telecom services expires in March 2021. If this item is not approved, it would severely impact City operations. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of 550,000 are budgeted and available in the current fiscal year Communications account (10920140-62010) and will be budgeted in future fiscal years. Funds in the amount of 518,000 are budgeted and available in the current fiscal year Communications account (10920140-62010). EXHIBIT(S) 1. Agreement with TPX Communications Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By. Kristine Ridge, City Manager City Council 17 — 2 4/6/2021 J a Z a fy a m m c w N a U CO c m (n O J O N P a w mM w Q L P O a y a W' G U N a rnt Enwo i N c U U S W U L a to) a (6 C O U t ) � V) - oa E �—-mom- 0 '� L]. 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F _� O 2 N� y U H s 3 O m6 C¢ 7 C � N� c ' U) w j a � N O .� n� .ate tea= a N aL-+ O U cu Q N Q W m�nN y a m E m wo — N E N O m N O N m d N CD pl L E' -O ¢ co m5U? �(D n� Cl) �, c4oEf°a m O E h N D to O L N Q U C m N Q L F m= O d U FU mQ LL FU) G �4 o T N O N U C 0 0 U Is' � . \ / Tf e ■ § \ ) m ( ( )\ ) /� j \ / ƒ \\( } Fn co \): k«\ _ § 2 : @ x _ \ ii\\ 0 }!g° 2 \ ) [0 _ :/® . cc \5( A r \ @}£, cmo h \72: =K� - IL {52 S 75 --- - s- _ fl \\\) - U) )\ \ / / / 97)2 }\ s m O � n -- m c � E m � Z N � 0 O N U U > T N O N I IN M N r Is' Illll���llu�tn, Terms and Conditions to the Agreement IMPORTANT: SECTION 8 OF THESE TERMS AND CONDITIONS INCLUDES A PROVISION REGARDING BINDING ARBITRATION AND A WAIVER OF CUSTOMER'S RIGHT TO JURY TRIALS AND CLASS ACTIONS. 1. General (a) Incorooration of TAA. MSA or Service Agreement. These Terms and Conditions (these "Terms and Conditions") to the Telecommunications Account Agreement ("TAA"),Master Service Agreement ("MSA") or Service Agreement (referred to herein as so amended and modified, as the "Agreement") are part of the Agreement between Customer and U.S. TelePacific Corp. All capitalized terms used but not defined herein will have the meanings given to such terms in the TAA or MSA (as applicable). "TPx" as used in the Agreement means the TPx entity executing the TAA. MSA or Service Agreement and/or its Affiliates. (b) Services. Services are offered to Customer by TPx either under tariffs (i.e., documents which list services, prices and other terms and conditions, referred to herein as I ariffs") tiled with the. Fetleral Communications Commission and state regulatory agencies having jurisdiction over the Services ("Tariffed Services'). or on a non- Tariffcd basis ("Non-Tariffed Services'). Tariffs arc available online at www.tr)x.com/tariffs. All scrviccs provided under the Agreement are collectively referred to as the "Services.In the event that the rates and terms in the Agreement conflict at any time with those set forth in TPx's federal and/or state Tariffs applicable to the Services, the rates and terms of the Tariffs will control. The rases and terms of Tariffed Services may change, subject to the approval of the applicable regulatory agency. If the Tariffs for any Services are cancelled as a result of regulatory action during the term of this Agreement. TPx will publish a revised price list and related terms and conditions for such Services on its website (www.tpx.corn/rates) which will become part of the Agreement. In the event that any agreement between the parties is terminated and Tariffed Services are still provided by TPx, applicable Tariff rates and terms will apply to the Tariffed Services provided to Customer. (c) Pass Through of Price Increases. TPx may increase the rates for non-Tariffed Services to pass through any price increases imposed on it or its Affiliate by the providers of the underlying facilities used to provide the Services or, in the case of long distance services, by wholesale providers of such services. "Affiliate" means any entity that, directly or indirectly through one or more intermediaries, controls or is controlled by or under common control with a party, and where the term "control" (including the terms 'controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise. (d) Revisions. TPx may change the rates and terms applicable to Nan-Tariffed Services ("Revisions") by giving Customer at least thirty (30) days prior written notice. Gustorrmer will receive notice of the Revisions at least thirty (30) days prior to the effective date of any change. Such notice will generally be provided in Customer's monthly invoice. (i) With regard to any such Revisions that are changes to the terrns and conditions, Customer will then have thirty (30) days from the date of the invoice to provide TPx with written notice that the Revisions to the changed terms or conditions will have a material adverse effect on Customer's use of the Servlce(s). If TPx Is able to verify such adverse effect and ellrrilnate the adverse effect. TPx wlll provide Customer with a written addendum to the Agreement to confirm Customer's assent to the elimination of the adverse effect on the Services(s). However, if TPx is unable, after making a commercially reasonable effort, to eliminate the Revision's impact on such Service(s), TPx will notify Customer and Customer may terminate the impacted 5ervice(s) without turther obligation to I Px beyond the termination date, including termination charges, if any. If Customer does not notify TPx in writing of Customer's election to terminate the affcctod Scrvice(s) for changed terms or conditions within five (5) business days after receipt of written notice of TPx's inability to eliminate the Revision's impact, Customer will be deemed to have consented to the Revisions and to a continuation of the Service(s), subject to the Revisions. (it) With regard to any such Revisions that materially increase the rates applicable to any of the Non-tariffed Services, except for pass -through rate increases, Customer may terminate the affected Service(s) Vtourzo City Council 1 17 — 24 4/6/2021 FitV91 r 1 11r / n;/11/2—%i 21:41 '9 fC Illll���llu�tt, Terms and Conditions to the Agreement without further obligation beyond the termination date, including termination charges, if any, provided Customer notifies TPx in writing of its election to so terminate the affected Service(s) for such rate increase at least five (5) business days before the effective date of the rate increase. If Customer does not notify TPx in writing of Customer s election to terminate the affected Service(s) for increase in rates prior at least five (5) business days prior to the effective date of the rate increase, Customer will be deemed to have consented to the Revisions and to a continuation Of the Service(s) Subject to the Revisions. (iii) If Customer terminates Services pursuant to this Section 1(d). Customer exercising such termination right will be its sole and exclusive remedy for TPx's failure to provide the terminated Services. (e) Expedite Fee. Under certain conditions, Customer may request that installation of Services be expedited by agreeing to pay a fee (the "Expedite Fee"). No projected date for expedited installation is guaranteed. Payment of the Expedite Fee only earns an advanced priority for installation process and installation is not entirely in TPx's control. No credit or refund of the Expedite Fee will be made for delay of the installation date beyond the projected or requested date. A list of Expedite Fees is available at: www.tox.eom/rates. (f) Additional Increase in Charges. In addition to rate increases associated with Revisions as set forth above, a change in the manner in which TPx delivers Services to Customer may result in an increase in rates for those Services. Also, if a portion of the Services requires third party construction or other infrastructure. additional third party charges may apply. If TPx cannot deliver Services to Customer at the rates it has agreed to pay because of the cost of the technology used or additional third party costs required to deliver the Services, including an acceptable profit margin, TPx will notify Customer in writing before any change in the technology is used and seek Customer's consent to a change in the rates or additional charge of the affected Service. TPx may delay the installation of any change in technology until Customer has responded to the increased rate or additional charge. If Customer does not notify TPx in writing of Customer's refusal to consent to the increased rate within five (5) hucine.ss days after receipt of notice from TPx of such increase, Cusforner will he deemed to have consented to the increase in rate or additional charge. If Customer objects to such increase or charge within five (5) business days, either party may terminate the affected Service on written notice without further obligation beyond the date of termination, including for termination charges. Customer's right to terminate will be its sole and exch,isive remedy for TPx's failure to provide the terminated Services. 2. Term, Billing, and Payment (a) Agreement Effective Date. The Agreement is effective when the TAA, MSA or Service Agreement has been signed by Customer and accepted by TPx (the "Agreement Effective Date"), elther by execution on behalf of TPx or by TPx commencing the Services delivery process. Thereafter, TPx will begin as soon as practicable the installation, connection and testing of the circuits and/or equipment necessary to provide the initial Services. (b) Agreement Term. The Agreement including these Terms and Conditions will expire immediately upon the expiration or termination of the last Agreement pursuant to which Services are provided under this Agreement: provided, however, that any amounts due under any related equipment addendum (each, an "Equipment Addendum") shall remain due and payable by Customer irrespective of any such expiration or termination. (c) Service Term. The initial term of the Services (the "Initial Service Term") provided under each Agreement thereunder will begin the date TPx provides notice to Customer that the Services are available for its use, unless otherwise provided in the Agreement. After the Initial Service I erm, unless otherwise set forth in an Agreement, the applicable Agreement will automatically renew for successive periods of one year each at the rates then in effect for Customer's Services unless either party notifies the other in writing of non-rcncwal not less than ninety (90) days before the date of expiration of the then -Current Service Term of non -renewal (each a "Service Renewal Term' and together with the Initial Service Term, the "Service Term"). However, the termination of Services will not occur until the later of the end of the then -current Service Term or thirty (30) days after receipt of that notification. If Customer continues to use Service(s) after such date, it will receive and pay for Service(s) under the applicable Agreement on a month -to -month basis. Vlourzo City Council 2 17 — 25 4/6/2021 FitV91 r 1 11r / n;/11/2—%i 21:41 '9 rC Illll���llu�[t, Terms and Conditions to the Agreement (d) Non -Automatic Renewal Ternr. Customer nray renew Services under an Agreement for a Service Renewal Term prior to the completion of the Initial Service Term (a Non -Automatic Renewal Term"). The beginning of this Non -Automatic Renewal Term is the date of the first invoice after the renewal of the Service for the Non -Automatic Renewal Term is entered into TPx's billing system. Customer may order additional Services at Customer's existing service location(s) under the applicable Agreement. The additional Service(s) will have a Service Term coterminous with the Service Term or Renewal Term of the existing Service(s) at said service location, subject to TPx's acceptance. Services for additional service locations may also be ordered, subject to TPx's acceptance, under the applicable Agreement. The Service Term for additional Services ordered for additional service locations will begin the date TPx provides notice to Customer that the Services are available for Customer's use, will continue in effect for the entire Service Term specified in the Agreement for the additional Services and will automatically renew for successive periods of one (1) year each after the end of the Service Term of the additional Services (each successive period being a Renewal Terni for those additional Services), unless terminated as provided in these Terms and Conditions. (e) Btllin . (i) TPx will begin invoicing Customer for the Services and other charges after TPx gives Customer notice that the Services are installed and available for Customer's use and will continue invoicing on a monthly basis until the applicable Services are no longer provided. TPx will bill monthly recurring charges in advance and usage charges after the usage occurs. Customer is responsible for all other charges and government fees and taxes which will he separately listed on each invoice. Notwithstanding the foregoing, each party will be responsible for its own income taxes and employment taxes. The parties will cooperate in good faith to minimize taxes to the extent legally permissible. Each party will provide to the other party any resale exemption, multiple points of use certificates, treaty certification and other exemption information reasonably requested by the other party. TPx may require, in its discretion, that Customer provide a deposit or Other assurance Of payment before the Services are provided and/or thereafter. Any required deposit will not bear interest unless required by law. If Customer delays acceptance of the Services after receiving notice that Services are available, TPx may, in its sole discretion, begin invoicing Customer for the ordered Services. If Customer Continues to delay acceptance of the Services for more than sixty (60) days after the date the Services are available, Customer will have materially breached this Agreement, and TPx will be entitled to terminate [his Agreement without further notice and to pursue the remedies in Section 4 of these Terns and Conditions. (ii) TPx will invoice Customer for any equipment purchased or rented by TPx, whether by installment purchase option or otherwise, pursuant to the terms of the related Equipment Addendum. Payments for equipment are separate and independent of any payments owing by Customer for Services. (f) Back -billing. TPx will endeavor to bill Customer for charges on a timely basis. However, unless proscribed by state regulation, Customer will nevertheless be liable for all charges irrespective of any delay in billing, whether due to error, lack of necessary data, negligence or any other reason. No such delay will constitute a basis for a claim of waiver, estoppel or other excuse of Customer's obligation to pay TPx's charges, irrespective of the length of the delay. Nothing herein will toll the running of any statute of limitations applicable to such obligations. (g) Payment. Invoices are due and payable upon presentation, and become past due after the Pay By Date printed on the invoice. If Customer has a bona fide dispute with any of the amounts on the invoice ("Disputed Amount'), it will pay all amounts not in dispute by the Pay By Date and provide TPx with a written request for a billing adjustment, together with all supporting documentation, within forty-five (45) days after Customer's receipt of the invoice or Customer's right to any billing adjustment will be waived. If TPx agrees to adjust all or a portion of the Disputed Amount. Customer will no[ be obligated to pay a late payment charge on the adjusted amount If Customer fails to pay all non -Disputed Amounts on an invoice by the Pay By Date, TPx may impose a late payment charge of 1.5% per month or the maximum rate allowed by law, whichever is less, on the unpaid balance until the amount is paid. TPx nray also suspend Customer's services until all delinquent anrounts, including late payment charges, are paid in full. An additional charge will apply to each returned check. Payment must he made in U.S. Dollars. Vlourzo City Council 3 17 — 26 4/6/2021 FitV91 r 1 11r / n;/11/2P%i 21:41 'r fC Illll���llu�tf, Terms and Conditions to the Agreement (h) Match Period. If the Service Term for the Services initially to be provided under an applicable Agreement when it is first entered into by the parties is for sixty (60) months or more and the initial Services have been installed for at least twenty-four (24) months, Customer may provide TPx at retentionQtox.com with a bona fide, written quote of a lower monthly charge for a term at least equivalent to the remaining months in the Service Term from a competitive carrier for substantially the same initial Services with the same terms as provided pursuant to the Agreement and all Addenda, and TPx will have thirty (30) days (the "Match Period") after receipt of the bona fide written quote to match or beat the competitive provider's offer. If TPx fails to provide the initial Services at the lower rate, Customer may terminate the initial Services without liability for early termination in a notice provided to TPx not less than thirty (30) days after the expiration of the Match Period. Notwithstanding the foregoing. Customer may provide only one such quote under the Agreement. For this Section 2(h) to apply, the quote from the competitive carrier must be for the same service location as initially set forth in the applicable Agreement and for the saint initial configuration of Services. 3. Customer's Obligations (a) Building Access. Customer will obtain all necessary approvals, applicable permits and/or use fees to be attained, if any, for full access by TPx and its subcontractors prior to installation of the Service(s) and while the Service(s) is (are) provided. (b) Responsibility for Message Content. Customer is solely responsible for all content that it makes available on or through the Services. Customer represents and warrants that all such content will not infringe on, or contain any content that infringes on, or otherwise violates any copyright, patent or any other right held by a third -party and that all such content will not violate any applicable law, rule, regulation or industry standard. (c) Use of Services. Customer will not use the Services for any illegal, unlawful, abusive or fraudulent purpose and will use the Services in such a manner as to prevent damage to TPx's network. Customer's proper use of the Services includes conforming to all Acceptable Use Policies ("AUP") that are available on request and are displayed at TPx's web site at www.tpx.com/acceptable-use-policy. The AUP may be amended from time to time. If TPx materially changes the AUP, it will provide the same right to notification and cancellation as provided in Section 1(d) of these Terms and Conditions. Resale and distribution of all or any portion of the Services is prohibited. (d) Third -Party Obligations. Customer is responsible to pay any third -party vendor charges for third party vendors retained by Customer, such as retaining a vendor for installation of necessary inside wiring. Also, Customer is responsible to arrange for disconnection and payment of charges related to the disconnection of any related services with Customer's current provider(s). Disconnection of such services may not be delegated to TPx. (e) Customer Local Area Network Responsibilities. Customer agrees to comply with TPx-provided Local Area Network (LAN) guidelines posted at www.tox.com/suoonrt/ and acknowledges that all network configurations as well as hardware and software located at Customer's physical location(s) conforms to the specifications outlined by TPx based on the contracted TPx services. (f) Network Securitv. Customer is responsible for taking whatever actions it deems necessary to make Customer's cornputer and volce network and clrcults adequately secure from unauthorized access. Customer acknowledges that TPx only provides telecommunications services and certain equipment to Customer and that TPx is not responsible for the security of Customer's network and circuits from third parties, or for any damages that may result from any unauthorized access to Customer's network. Customer will follow the Fraud Guidelines provided at www.ti)x.com/traucl-Quiclelines. Failure to follow the steps provided may result in a greater likelihood that Customer's network will be exposed to fraud. Customer acknowledges that TPx has recommended that Customer sock indcpcndcnt advice with respcct to products, equipment (including configurations) and scrviccs available to make Customer's Computer network and Circuits more secure from third parties. CUSTOMER FURTHER ACKNOWLEDGES THAT NONE OF TPx'S EMPLOYEES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS HAS MADE, AND THEY DO NOT HAVE THE AUTHORITY TO MAKE, ANY REPRESENTATIONS CONCERNING THE SECURITY OF CUSTOMER'S NETWORK OR THE Vlourzo City Council 4 17 — 27 4/6/2021 Fi1V91 r 1 11r / n;/11/2P%i 21:41 '9 fC Illll���llu�tn, Terms and Conditions to the Agreement SERVICES, INCLUDING ANY REPRESENTATIONS THAT ARE INCONSISTENT WITH THE STATEMENTS CONTAINED IN THIS SECTION 3(f). (g) Access to Customer Premises. Systems and Data. As required for the performance of the Services, Customer will provide a secure space, network, wiring, electrical power, and environmental conditions suitable for and compatible with TPx's provision of Service(s). Customer agrees to provide TPx reasonable access (on -site and remote) to existing systems such that monitoring agents and other management tools can be installed as part of the Service(s). Customer will assume insurance responsibility for the cost of its repair or replacement should the equipment be damaged due to negligence, misuse, external forces, power surges, or servicing by non-TPx designated service personnel. Customer consents to TPX accessing and processing all data provided by or on behalf of Customer in connection with the Agreement (including data from customers of Customer) and represents that it has obtained any consents required for such access and processing. (h) Customer's Comoliance with Laws. Customer is responsible for the compliance with all laws and regulations applicable to the business of Customer and its Affiliates. Customer will be responsible for (1) identifying such laws and regulations and notifying TPx of any associated impact on TPx or the delivery or the Services: (2) obtaining the consent or approval of any governmental entity required for the parties' compliance with any such laws and regulations, and (3) obtaining the consent of any individual required for the parties' compliance with any such laws and regulations, including any required consent related to the transfer, processing and storage of such individual's personal data under laws applicable to such individual or the personal data. If requested by Customer, TPx will work in good faith with the Customer to enter into an amendment to this Agreement or modify the provision of the Services to Customer as required to comply with such laws and regulations, in each case at the expense of Customer. In no event will TPx be required to provide Services in violation of any applicable law or regulation. (i) Receipt of Services. Customer will defend, indemnify and hold TPx harmless (including TPx's officers, directors, employees, agents, and contractors) from any claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees and costs) arising out of or relating to Custorer's receipt or use of the Services. This indemnity will not be available if the damage or loss is due to TPx's willful or reckless acts or omissions. 4. Termination Rights and Remedies (a) Termination by Customer Before Installation. If Customer elects to terminate the Agreement or any orders for Services before Services are installed and available for Customer's use, it must do so in writing, and will pay to TPx as a pre -installation charge an amount equal to! (1) the non -recurring charges applicable to the Services, even if initially waived, unless those charges have already been paid, (2) such amount that, if the Services require a third party that TPx contracts with to provide some or all of the underlying services, a charge from the thlyd party, which as a result of Customer's cancellation. TPx becomes obligated to pay, and (3) if the Agreement is for a Term of one year, an amount equal to three times the one month recurring charges, or, if the Agreement is for a Term of more than one year, an amount equal to six times the one month recurring charges. Customer agrees that such a termination charge is not a penalty and is a reasonable amount because, among other reasons, it would be difficult or impossible to calculate the exact amount of damages suffered by TPx if Customer terminates the Agreement or any orders for Services. (b) Terrination for Cause. Either party may terminate the Agreement upon thirty (30) days notice if the other party materially breaches the terms and conditions of the Agreement and the other party fails to cure the default within the 30-d2y period, including, but not limited to, Customer's failure to pay TPx's invoices for the Services when due. If Customer terminates the Agreement after TPx's material breach, then Customer will be responsible for O charges for the period before the date of termination and (ii) all remaining installment payments for the equipment that Customer purchased from TPx via an installment payment purchase as provided in the related Equipment Addendum. (c) Early Termination Fee. If Customer terminates the Agreement or any Services provided under the Agreement before the end of the Initial Term or any Renewal Term ("Terminated Term") for any reason other than TPx's material breach, Customer will pay to TPx an early termination fee equal to one hundred percent (100%) of the Monthly Recurring Charge for the terminated Services) multiplied by the number of rnonths remaining in the Vlourzo City Council 5 17 — 28 4/6/2021 FitV91 r 1 11r / n;/11/2P%i 21:41 '9 fC Illll���llu�tt, Terms and Conditions to the Agreement Terminated Term (the "ETF"). In addition, GuMonrer will pay TPx as part of the ETF: (1) the nun -recurring charges for the terminated Services, even if those charges had been initially waived, (2) any promotional credits provided to Customer, and (3) if some or all of the terminated Services were provided by a third party, an amount equal to any charge from the third party that TPx becomes obligated to pay as a result of the termination, including any charges TPx may incur from third party providers of any underlying services as a result of the early termination of the Agreement or any Service. For end user -oriented services (e.g., work stations/endpoints, end user subscriptions/licenses), Customer may downsize the quantity of such services by no more than ten percent (10%) below the greater of (i) the quantity of end -user -oriented Services for which Customer contracted at the commencement of this Agreement, or (ii) the quantity of end -user -oriented services provided to Customer in any one of the then -preceding three (3) months without incurring an ETF. The ETF is due and payable immediately on the effective date of termination, and is in addition to any monthly recurring charges, usage charges and other charges due as of effective date of ternlination and any liability of Customer for breach of the Agreement. Customer agrees that each of the above termination charges is a reasonable amount to compensate TPx for lost monthly recurring charges and usage charges following termination because, among other reasons, it would be difficult or impossible to calculate the exact amount of such damages suffered by TPx if Customer terminates the Agreement or any orders for Services. (d) Effective Date of Termination by Customer. If Customer terminates the Agreement or any Services provided to it for any reason other than TPx's material breach, Customer will provide TPx with written notice to retention frotpx.con) ninety (90) days in advance, and the effective date of the termination will be the end of that ninety (90) day notice period for purposes of determining the remaining time over which the termination charge will be calculated. If Customer does not give TPx that notice, then the effective date of termination will be the date TPx terminates the Agreement. For partial months, remaining monthly recurring charges will be determined on a prorated basis based on the number of days in such month during which Services were to be provided. (e) Move Charge. If Customer requests that TPx move the Services from Customer's current service location to a different service location, Customer may incur a non -recurring Charge ("Move Charge"). The Move Charge may include (i) a termination charge which, as a result of Customer's termination, TPx becomes obligated to pay to a third party provider of the underlying facilities, and (ii) installation charge at the new service location. Also, a new Terfn may apply to any Services moved to a new service location. (f) DelinouenL Account. In addition to any other recoveries TPx is entitled to receive, TPx will be entitled to recover from Customer for payment delinquencies all of the costs TPx incurs (including court costs and reasonable attorneys' fees) to collect any delinquent charges owed by Customer along with all other damages TPx incurs as a result of Customer's breach or other termination of the Agreement, including termination charges, past due recurring and usage charges, any damage to TPx's equipment, any promotional credits provided to Customer and any amounts TPx has to pay to third parties because of violations by Customer of TPx's AUP. (g) Notwithstanding the foregoing, Customer may terminate the applicable Agreement without any further obligation with respect to Services (but subject to Customer's obligation to pay amounts owing for equipment Purchased from TPx under an installment payment option pursuant to the terms of an Equipment Addendum, without offset or recoupment) if the Services TPx provides thereunder are not provided substantially in accordance with the requirements of Such Agreement during the first ninety (90) Clays the Services are available for Customer's use. If Customer elects to terminate the Agreement pursuant to this Section 4(g), TPx will reimburse Customer for the reasonable costs Customer incurred to re-establish service with another service provider not to exceed the amount that Customer paid to TPx for installation of the Services. This Section 4(g) only applies if: (i) the cause of the Service deficiency was within TPx's reasonable control, (ii) Customer ordered at least the amount of Services that TPx recommended to meet Customer's traffic volumes, (iii) Customer gives TPx written notice of the deficiency within the first ninety (90) days after TPx notified Customer the Services are available for Customer's use, and (iv) TPx fails to correct the Service deficiency within fifteen (15) days after receiving written notice from Customer of the deficiency. Vlourzo City Council s 17 — 29 4/6/2021 FitV91 r 1 11r / n;/11/2—%i 21:41 '9 fC Terms and Conditions to the Agreement 5. Credit Allowance, Warranty Disclaimer, Limitation of Liability and Indemnity (a) Credit Allowances for Interruption of Service. If an interruption or failure of Service is caused solely by TPx and not by Customer or any third party agent, carrier, vendor, employee, or representative of Customer or other causes beyond TPx's reasonable control. Customer may be entitled to a credit allowance not to exceed an amount equivalent to the proportionate charge to Customer for the affected Service for the time period from the time of Customer's report to TPx of the Service interruption to the time Service is restored, not to exceed in any month, the total monthly recurring charge owed by Customer for the affected Service in that month. The specific service levels, related credits and steps Customer must take to apply for credits are available on TPx's website at wwwApx.com/sla. TPx will not be liable for any act or omission of any other entity furnishing Customer with facilities or equipment used with the Services, nor will TPx be liable for any damages or losses due in whole or in part to Customer's fault or negligence or due in whole or in part to the failure of equipment or facilities that Customer provides. For the avoidance of doubt, any credit allowances or adjustments permitted under the Agreement shall only relate to payments for Services and shall not be applied as an offset, credit, adjustment or rccoupmcnt against any payments owing by Customer for equipment purchased from TPx pursuant to an Equipment Addendum. (b) WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THE "WARRANTY" SECTION OF A SERVICE ADDENDUM, TPx MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE OR DELIVERABLES. TPx SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NON -INFRINGEMENT OF THIRD PARTY RIGHTS. (c) EXCLUSIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CUSTOMER NOR TPX WILL BE ENTITLED TO RECEIVE PUNITIVE, INCIDENTAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS, REVENUE. PROFITS OR GOODWILL) IN AN ACTION OR CLAIM OF ANY KIND OR NATURE. INCLUDING RRFACH OF CONTRACT, RRFACH OF WARRANTY, NFGI IGFNCF, STRICT I IARII ITY, MISREPRESENTATION AND OTHER TORTS. (d) LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TPX'S TOTAL LIABILITY FOR ALL CLAIMS IN ANY MANNER ARISING OUT OF THE AGREEMENT WILL IN NO EVENT EXCEED THE LESSER OF (1) CUSTOMER'S PROVEN DIRECT DAMAGES, (2) THE AMOUNTS CUS I OMER PAID 10 I PX FOR I Ht SERVICES GIVING RISE 10 LIABILI I Y UNDER HEM APPLICABLE AGREEMENT DURING THE SIX (6) MONTH PERIOD IN WHICH ANY SERVICE -RELATED PROBLEMS WERE EXPERIENCED, OR (3) THE CREDITS AVAILABLE TO CUSTOMER UNDER TPX'S TARIFFED LIMITATION OF LIABILITY. FOR CLARITY, THE FOREGOING LIMITATIONS APPLY TO ALL DISPUTES, CAUSES OF ACTION AND CLAIMS OF ANY KIND OR NATURE. INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY. NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. (e) Indemnification. (i) TPx Infringement Indemnity and Remedy. (A) TPx Infringement Indemnity. If a third party that is not an Affiliate of Customer asserts a claim against Customer asserting that TPx's proprietary materials used or provided with the Services infringes a U.S. patent existing as of the effective date of the Agreement pursuant to which the Service is provided or a trade secret or copyright owned by that third party (a - 1 Px Intringement Claim"), then I Px will, at its own expense defend or settle the TPx Infringement Claim, and pay the damages finally awarded against Customer. However, TPx shall have no obligation for any such claim or other obligation for infringement to the extont resulting or alleged to result from: (1) modifications made other than by TPx, (2) use of the Services or any work product of TPx in combination with any equipment, software or materials not provided by TPx. (3) compliance with the instructions, designs or specifications provided by or on behalf of Customer, or (4) Customer's continuing any allegedly infringing activity after being notified thereof or after being informed and provided with modifications that would have avoided the alleged infringement. Vlourzo City Council Fi7V91 r 1 19 (i,.-FAFF.-46 ..-DF'.Ar' n /11/2h%1 21:41 '9 rC 17 — 30 41612021 Illll���llu�lt, Terms and Conditions to the Agreement (B) Infringement Remedy. If an injunction or order is obtained against TPx performing the Services for Customer by reason of the allegations of infringement of TPx's proprietary materials, or if in TPx's opinion such proprietary materials used or provided with the Services may violate a third party's proprietary rights, then TPx will, at its expense and option: (1) procure for Customer the right to continue to receive the Services, (2) modify the allegedly infringing item to make it non -infringing without substantially reducing functionally or procure a non - infringing replacement: or (3) if neither (1 ) nor (9) are commercially practical, terminate the Agreement and release Customer from its obligation to make future payments for the Services. (C) Exclusive Remedy. This Section 5(e)(i) contains Customer's exclusive rerrledies and TPx sole liability for claims of infringement. (ii) Customer Indemnity. If a third party that is not an Affiliate of TPx asserts a claim against TPx that materials provided by or on behalf of Customer to TPx in connection with the Services infringes a U.S. patent existing as of the effective date of the Agreement pursuant to which the Service is provided or a trade secret or copyright owned by that third party (a "Customer Infringement Claim"), then the Customer will, at its own expense defend or settle the Customer Infringernenl Claim and indemnify TPx for any damages finally awarded against TPx. However. Customer shall have no obligation for any such claim or other obligation for infringement to the extent resulting or alleged to result from: (1) modifications made by TPx, (2) compliance with the instructions, designs or specifications provided by or on behalf of TPx, or (3) TPx's continuing any allegedly infringing activity after being notified thereof or after being informed and provided with modifications that would have avoided the alleged infringement. (iii) Indemnification Procedures. Upon the commencement of any claim, action, suit or proceeding for which a party wishes to seek indemnification under this Section 5(e) (each, a "Third Party Claim"), the party seeking indemnification (the "Indemnified Party') will provide prompt notice to the other party (the "Indemnifying Party") so that the Indemnifying Party has reasonably sufficient time to file, answer and defend such Third Party Claim, provided however, that no delay on the part of the Indemnified Party in providing such notice will relieve the Indemnifying Party from its indemnification obligations except to the extent the Indemnifying Party is prejudiced by such delay. After receiving such notice, the Indemnifying Party will immediately take control of the defense, settlement and investigation of the Third Party Claim, and employ and engage attorneys reasonably acceptable to the Indemnified Party to handle and defend the same, at the Indemnifying Party's sole cost and expense. The Indemnified Party will, at the expense of the Indemnifying Party, reasonably cooperate with the Indemnifying Party and its attorneys in the investigation, trial and defense of the Third Party Claim and any appeal arising therefrom. The Indemnifying Party may settle a Third Party Claim without the prior consent of the Indemnified Party only if the Third Party Claim involves only the payment of money by the Indemnifying Party without any admission of guilt or fault and a full and complete release from continuing and further obligation or liability on the part of the Indemnified Parties is executed by Parties involved in the settlement and delivered to the Indemnified Party. If the Indemnifying Party does not assume full control over the defense of a Third Party Claim subject to such defense as provided in this Section 5(e). the Indemnified Party will have the right to defend the Third Party Claim in such manner as it may deem appropriate, at the cost and expense of the Indemnifying Party. 6. Confidentiality (a) Mutual Confidentiality. This Section sets out the terms for identification of information which is considered confidential and proprietary by a party (the "Discloser"), and restrictions against use and disclosure of such Confidential Information after disclosure to the other party (the "Recipient") (b) Definition of Confidential Information. "Confidential Information" as used in the Agreement means all proprietary or confidential information that is disclosed to the Recipient by the Discloser, and includes (i) any and all information relating to products or services provided by a Discloser, its customer -related and financial inforrndtion, source and executable code, flow charts, drawings, techniques, specifications, development and marketing plans, strategies, forecasts, and sales and marketing materials, (ii) any products or services made available by a party, and (iii) the terms of this Agreement. Confidential Information does not include information that Recipient can show: (A) was rightfully in Recipient's possession without any obligation of confidentiality before receipt from the Discloser, (B) is or becomes a platter of public knowledge through no fault of Recipient, (C) is Vlourzo City Council 8 17 — 31 4/6/2021 FTTV91 r 1 11r / n;/11/2P%i 21:41 'r fC Illll���llu�tt, Terms and Conditions to the Agreement rightfully received by Recipient from a third party without violation of a duty of confidentiality; or (D) is or was independently developed by or for Recipient. (c) Obligations of Confidentiality. (i) As necessary to accomplish the purposes and objectives of this Agreement, Recipient may disclose Discloser's Confidential Information to any Recipient employee, officer, director, subcontractor, agent or representative who has a legitimate need to know the information for the purposes of this Agreement and who is bound to Recipient to protect the confidentiality of the information in a planner at least as stringent as that required of Recipient under this Agreement. Rocipicnt may also disclose Disclosor's Confidential Information to Rccipicnt's attorncys if they arc made aware of Recipient's obligations of confidentiality under this Agreement. (ii) Recipient will not use or reproduce Discloser's Confidential Information except as reasonably required to accomplish the purposes and objectives of this Agreement or as specifically permitted by this Agreement or approved in writing by Discloser. Recipient will protect Discloser's Confidential Information from unauthorized use or disclosure by using at least the same degree of care as Recipient employs to avoid unauthorized use or disclosure of its own Confidential Information of a similar nature, but in no event less than reasonable care. (iii) Recipient will promptly notify Discloser if Recipient becomes aware of any material unauthorized use, disclosure, loss of, or inability to account for any Confidential Information of Discloser. If such use, disclosure, loss or inability to account resulted from Recipient's breach of this Agreement then, without limiting Discloser's remedies for such breach, Recipient will cooperate with Discloser and, at Discloser's request, undertake commercially reasonable efforts to assist Discloser in investigating and preventing a reoccurrence thereof. (iv) Recipient shall be responsible for any breach of the confidentiality provisions of this Agreement by any party to whom it discloses or makes available Discloser's Confidential Information as if such party were bound by the terms hereof and as if such breach were committed by Recipient. (d) No Implied Rights. As between Discloser and Recipient, Discloser's Confidential Information will remain the property of Discloser. Nothing contained in the Agreement will he construed As obligating a Parry to disclose its Confidential Information to the other Party, or as granting to or conferring on a Party, expressly or by implication, any rights or licenses to the Confidential Information of the other Party. Any such obligation or grant will only be as provided pursuant to other provisions of the Agreement. (e) Comoelled Disclosure. If Recipient becomes legally compelled to disclose any Confidential Information of Discloser in a manner not otherwise permitted by this Agreement, Recipient will provide Discloser with prompt written notice of the request (unless legally precluded from doing so) so that Discloser may seek a protective order or other appropriate remedy. Recipient will reasonably cooperate with such efforts by Discloser. If :j protective order or similar order is not obtained by the date by which Recipient must comply with the request, Recipient may furnish that portion of the Confidential Information it is legally required to furnish provided that it (i) discloses only such Confidential Information as is legally required, and (ii) uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed. (f) Return or Destruction. (i) As requested by Discloser during the Term, Recipient will return, destroy, or provide Discloser a copy of any designated Confidential Information of Discloser, provided that TPx will not be liable for any failure or delay in its performance of Services to the extent resulting from its obligation to return, erase, or destroy Confidential Information of Customer in its possession prior to the completion of the Services. Upon expiration or termination of this Agreement. Recipient will return or destroy all materials in any rnediurn that contain Confidential Information of Discloser. At Discloser's request, Recipient will certify in writing that it has returned or destroyed all copies of Discloser's Confidential Information in the possession or control of Recipient, any of Recipient's Affiliates or subcontrdclors, or any other pdrty to whore any or there provided or permitted access to Confidentidl Information of Discloser. Vlourzo City Council g 17 — 32 416/2021 FiSV91 r 1 19 (i,.—FAFF.-4 (,1,—DF'.AC n /11/2h%I 2i:41 '9 fC Illll���llu�lt, Terms and Conditions to the Agreement (ii) Recipient shall have no obligation to return or destroy any Confidential Information of Discloser that is subject to a claim, dispute, lawsuit, or subpoena or in any other circumstances in which Recipient reasonably believes that destruction would be unethical or unlawful. (iiq Any Confidential Information of Discloser retained by Recipient under this Section 6(f) shall rernain subject to the confidentiality obligations under this Section 6. (g) Proorietary Legends. Recipient may not remove, obscure, or alter any proprietary legend relating to the Discloser's rights on or from any form of Confidential Information of the Discloser, without the prior written consent of the Discloser, except as expressly authorized in an Agreement. (h) Survival. This Section 6 shall survive any termination or expiration of this Agreement. 7. Mutual Non -Solicitation. During the term of this Agreement, and for a period of six (6) months thereafter. neither party will, directly or indirectly, solicit, negotiate, engage, employ, or otter employment to, the personnel or contractor of the other party involved with providing Services hereunder. 8. Resolution of Disputes: Binding Arbitration (Jury Trial Waiver), No Class or Representative Actions or Arbitrations (a) Binding Arbitration or Any and All Dlsngle5. By entering into the Agreement, Customer and TPx waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration. "Dispute" as used in this Section 8 means any cause of action, claim, case, and/or controversy of any kind arising out of or in any way related to the Agreement (including any amendments, addendums or attachments to the Agreement or documents incorporated by reference into the Agreement), and/or the subject matter of the Agreement. (b) No Class or Representative Actions or Arbitrations. Customer and TPx expressly agree that any Dispute is personal to such parties, and any such Dispute will only be resolved by an individual arbitration and Customer will not bring or be a member in a class arbitration, a class action, or any other representative arbitration or judicial proceeding unless such agreement is prohibited by law. (c) The Federal Arbitration Act Aoolies. The Agreement affects interstate commerce and the enforceability of this Section 8 will be governed by, construed, and enforced, both procedurally and substantively, by the Fodoral Arbitration Act ("FAA") to the maximum extent permitted by applicable law. (d) Confidentiality. Except as may be required by law or otherwise agreed by the parties, the arbitrator. AAA (defined below), and the parties will maintain the confidentiality of any proceedings, including the existence of the proceedings and any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary. (e) Arbitration Procedures. If Custorer and TPx cannot resolve between themselves any Dispute, Customer and TPx will promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association ("AAA") located in Los Angeles County, California. Cither party may initiate arbitration by providing written demand for arbltfatlon (with a copy to the other party), a copy of the Agreernent and the adrr Inlstrative fee required by the commercial arbitration rules of the AAA ("AAA Rules") to the AAA. Any party paying the administrative fee may recover the fee if awarded by the arbitrator. The arbitration will be held in accordance with the AAA Rules as modified by this Agreement. The AAA Rules, and other information about the AAA and arbitration, are readily available at www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 1 D271. By entering into the Agreement, Customer either (1) acknowledges that it has read and understands the AAA Rules or (2) waives reading the AAA Rules and waives any claim that the current AAA Rules arc unfair in any way. Customer and TPx agree that the AAA Rules will be subject to the terms of the Agreement, changes in procedures that the AAA may make from time to time in its AAA Rules or successor rules to its AAA Rules, and the following modifications Vlourzo City Council 10 17 — 33 416/2021 FiSV91 r 1 19 / n /11/2[­%i 21:41 ,r fC Illll���llu�lt, Terms and Conditions to the Agreement (i) As limited by the FAA, the terms of the Agreement, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute, provided, however, that this power will not include. (a) the power to determine the question of arbitrability, which power Customer and TPx agree will be vested solely in a court of competent jurisdiction, or (b) the power to conduct a class or representative action or arbitration, which is prohibited by the terms of the Agreement as stated above (Section 8(b)). (it) To the rnaxirnurn extent permitted by applicable law, each party will bear the cost of preparing and presenting its case in an arbitration unless the arbitration award provides otherwise. Notwithstanding the foregoing, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs. (iii) One arbitrator will be appointed in accordance with the AAA rules within 30 calendar days of the submission of the demand for wbdralion. The arbitrator will designate the lime and place for hearings as soon as practicable after the arbitrator is appointed. (iv) The arbitrator's authority to grant relief will be subject to the provisions of the Agreement, TPx',, applicable tariffs, if any, and any other applicable law. The arbitration award will state the reasons upon which it is based and will be in writing. Any award rendered by the arbitrator will be final, binding and non -appealable. Judgement on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In making any award, the arbitrator will be restricted by the Limitation of Liability provisions in this Agreement (Section 5(d)), and will not be entitled to award, nor will either party be entitled to receive, punitive, incidental, exemplary, consequential, reliance or special damages, including damages for lost profits, provided, however, that if the enforceability of any of these restrictions is limited by the applicable substantive law, that restriction will only be enforced to the extent permitted by such law. (v) Notwithstanding the foregoing, each party retains the right to apply to any court of competent jurisdiction for interim or provisional relief in aid of arbitration, including injunctive relief in aid of arbitration, and any such request will not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. However, once the arbitrator is appointed, he or she will have exclusive jurisdiction to hear applications for such relief. Any interim measures or provisional relief ordered by the arbitrator may be immediately and specifically enforced by a court of competent jurisdiction. Nothing herein will preclude a party from seeking emergency measures Of protection under the provisions Of the AAA Rules. 9. Enhanced 911 ("E911") for Customers with Voice over Internet Protocol ("VOIP") Based Services Notice (a) If the Services offered to Customer hereunder utilize VoIP technology to provide 911 and E911, this notice provides information about 911 and E911 capabilities and limitations on such voice services. The FCC requires that all telecommunications service providers utilizing VoIP notify their subscribers of the differences between the 911 and E911 access capability provided using VoIP technology and the 911 and E911 access capability using traditional telephone service. Further details about the FCC's requirements can be found at www.fcc.ciov/cLib/consumerfacts/voiogll.od . (h) Differences in VOIP 911 Capabilities. 9111E911 access capabilities that use VoIP technology differ from 911/E911 access capabilities using traditional telephone service. The following list outlines some of the key differences, along with steps that Customer can take to mitigate those differences. (i) Service Location Information. Customer must provide TPx with the correct Service address of the location where Services will be used. If Customer does not provide correct service address information, or if Customer move Customer's VoIP access device (including an integrated access device, IP phone, or analog terminal adapter) to another localion without updating service location information, calls to 911 will route to emergency personnel who may not be able to assist Customer, or may cause delays in receiving emergency services. (ii) Power Outage. A power outage will render Customer's VoIP access devices unable to make or receive any calls, including calls to 911. Providing backup electrical power to VoIP access devices will mitigate this limitation. Vlourzo City Council 11 17 — 34 4/6/2021 FiSV91 r 1 9 / n /I I/2r%1 21:41 '9 fC Illll���llu�tt, Terms and Conditions to the Agreement (iii) Broadband Service Disruntion. Disruptions to Customer's broadband service will prevent calls to 911 from completing. A failover connection to the public Internet over a broadband connection will reduce the likelihood of a service disruption. (iv) Service Suspension. If Customer's service is terminated or suspended for any reason, 911 will riot be available. (c) Geolocation Registration. For calls to 911, TPx overrides any outbound calling line identification telephone number sent by the customer's phone system with a telephone number that is registered for the specific physical location of the service, also known as a geolocation. This enables 911 calls to route to the correct Public Safety Answering Point (PSAP), and that emergency personnel arc sent to the correct location. Customer must provide accurate and timely information about Customer's geolocation. There is a $125 charge per 911 call from telephone numbers with either incorrect or missinq geolocation information. (d) Alternate Means of Contacting 911. Customer should maintain alternate means of contacting 911, such as analog phone lines. Customer is also responsible for notifying users of these alternate means of contacting 911. UCx clients on a mobile phone will route 911 calls through the mobile network provider by default. (e) Notification of Users. Customer is responsible for notifying any users, including staff, residents, guests, or other persons who may be present at any location where Customer utilizes TPx VoIP service about the limitations of 911 dialing on VoIP as compared with 911 dialing on traditional voice services. Cuslorner will receive slickers concerning the limitations of 911 dialing on Customer's TPx VoIP service. It is Customer's responsibility to place the 911 sticker on or near each device that Customer uses with the Services. If Customer did not receive a 911 sticker with Customer's device, or Customer requires additional 911 stickers, please call 877-344-7441. 10. Miscellaneous Provisions (a) FUSF Exemption. Telecommunication carriers that provide interstate telecommunications services must file FCC Form 499-A with the Federal Communications Commission ("FCC"). Customer must provide TPx a copy of the first page of the Universal Service Worksheet (FCC Form 499-A, with Filer 499 ID Number). If Customer is not required to file Form 499-A under applicable laws and regulations, Certificate R must he completed and returned to TPx. TPx assesses its customers the Federal Universal Service Fund ("FUSF") fee based on end user revenues. TPx exempts from this charge certain customers who contribute directly to the Universal Service Fund ("USF"). In such case, TPx has established a Certificate of Exemption from TPx's FUSF assessment. To be. exempt from FUSF charges, Customer must certify the following: (i) Customer is an interstate provider of telecommunications services and has a Filer 499 ID Number, (ii) Customer will purchase Services under the applicable Agreement exclusively for purposes of reselling those services to end users; and, (iii) Customer (or its end users) is directly contributing to the FUSF on all services provided by TPx. To claim an exemption from TPx's assessment of FUSF charges, Customer must return certificate with the first page of the Universal Service Worksheet (FCC Form 499-A, with Filer 499 ID Number). (b) Independent Contractors. The parties hereto are acting as independent contractors and under no circumstances will any of the employees of one party be deemed the employees of the other as a result of the Agreement for any purpose. All of the Services performed by TPx will be performed as an independent contractor. TPx will perform such Services under the general direction of Customer, but TPx will have sole discretion to determine the manner, method and means of performing such Services subject to the provisions of this Agreement. including selecting the software and other technology and any subcontractors utilized by TPx in the performance of the Services. Neither party will have any authority to make any contract in the name of or otherwise to bind the other party. TPx will be responsible for and will pay all unemployment, social security and other payroll taxes, and all worker's compensation claims, worker's compensation insurance premiums and other insurance premiums, with Vlourzo City Council 12 17 — 35 416/2021 FiSV91 r 1 19 / n /Ir/2r-%1 21:41 '9 rC IIIII���Ilu�1n, Terms and Conditions to the Agreement respect to TPx and TPx's employees. This Agreement does not create a partnership or joint venture between the parties. (c) Insurance. TPx will provide and maintain during its rendition of the Services, but only for losses arising out of TPx independent contractor work for Customer: (a) Worker's Compensation and related insurance as prescribed by the law of the state applicable to the employees performing such Services: (b) employer's liability insurance with limits of at least one million dollars ($1,000,000) foreach occurrence: (c) comprehensive/commercial general liability insurance including products liability with one million dollars ($1,000,000) per occurrence combined single lirnit and two million dollars ($2.000,000) general aggregate, including coverage for the use of subcontractors, products liability and completed operations, and not containing an exclusion for explosion, collapse and underground coverage; (d) comprehensive motor vehicle liability insurance, including coverage for owned, hired, leased, rented and non -owned vehicle$ of at least one million dollars ($1,000,000) tar combined single limit for bodily injury, including death, and/or property damage, and (e) professional liability insurance covering the effects of errors and omissions in the performance of professional duties in the amount of one million dollars ($1,000,000) for each occurrence and in the aggregate associated with Services. (d) Export Controls. Customer will cooperate with TPx as reasonably necessary to permit TPx to comply with the laws and regulations of the United States and all other relevant countries, relating to the control of exports ("Export Laws"). Customer may not import, nor export or re-export directly or indirectly, including via remote access, any part of the Services into or to any country for which a validated license is required for such import, export or re- export under applicable Export Laws, without first obtaining such a validated license. (e) Assignment and Succession. Customer may not assign or transfer the Agreement without TPx's prior written consent, which will not be unreasonably withheld. Any unauthorized assignment or transfer by Customer will be null and void. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successor and authorized assigns. The right to payments under any Fgmprnent Addendum are assignable by TPx without consent ns provided in such Equipment Addendum. (f) Governing Law. With the exception that the enforceability of Section 8 is governed both procedurally and substantively by the FAA (as stated above), the Agreement will be construed pursuant to the laws of the State of California without regard to the conflicts of law provisions thereof. (g) Force Majeure. TPx will not be liable for any failure of performance of the Services due to causes beyond TPx's control, including fire, flood, electric power interruptions, national emergencies, civil disorder, acts of terrorists. network attacks, clots, strikes, lockouts, work stoppages, Acts of God, or any law, regulatlon, directive, or order of the United States government, any other governmental agency, including state and local governments having jurisdiction over TPx or the Services provided hereunder, or the actions and failures to act of Customer or any third party. (h) Fntire Agreement and Modifications. The Agreement and all other documents specifically referred to in the Agreement (including each applicable Equipment Addendum) constitute the entire and final agreement and understanding between Customer and TPx with respect to the subject matter of the Agreement and supersede all prior agreements relating to such subject matter, which are of no further force or effect. Any and all exhibits referred to in the Agreement are integral parts of the Agreement and are made a part of the Agreement. The Agreement, including each applicable Equipment Addendum, may only be modified or supplemented by an instrument in writing executed by both Customer's and TPx's duly authorized representatives or by a written notice of change pursuant to Section 1(d) hereof. Each Equipment Addendum relating to the Agreement is considered a separate and independent obligation of Customer to pay TPx for equipment purchased thereunder and the Agreement, as it reldles to the equipment and dmounls payable in connection with any insldlhflenl Purchase option, is subject to the terms of such Equipment Addendum. (i) Severability. If any provision of the Agreement is held to be invalid or unenforceable by a court or administrative agency with jurisdiction over the Services, such provision will be deemed amended to the minimum extent necessary to render it enforceable. Vlourzo City Council 13 17 — 36 4/6/2021 FtiV91 r 1 11r / n;/11/2—%i 21:41 '9 fC IIIII���Ilu�1n, Terms and Conditions to the Agreement (j) Order of Precedence. If there is any conflict within the Agreement between the TAA, MSA or Service Agreement (as applicable), these Terms and Conditions and an Agreement and any document incorporated by reference into an Agreement or an Addenda, the parties will attempt to read any such conflicting provisions consistently, however, in the event such a consistent reading cannot be accomplished, the order of precedence will be as follows (i) with regard to Tariffed Services, Section 1(b) of these Terms and Conditions, (ii) amendments to the Agreement entered into following the effective date of the Agreement: (iii) the TAA. MSA or Service Agreement (as applicable); (iv) these Terms and Conditions, except to the extent that an Agreement expressly references a provision of these Terms and Conditions and then, only with respect to such Agreement, the Agreement will control with regard to the referenced provision; (v) the Agreement; and (vi) other documents incorporated by reference into an Agreement. Custonor'siaiffc. logos.ue tradcuov .• a .• tratcrals. advo6wirg aice time during the term of • - (1) Interpretation of Agreement. The word "including" will be construed to mean "including, without limitation". The word "or" will mean "and/or" unless the context requires otherwise. The words "day," "month," and "year' mean, respectively, calendar day, calendar month and calendar year. The Agreement will be fairly interpreted in accordance with its terms and without strict construction in favor of or against either party based on the identity of the drafter of the Agrccment or any term or provision thcrcof. (m) No Third Party Beneficiaries. Notwithstanding anything to the contrary, the Agreement is intended for the sole and exclusive benefit of the signatories and is not intended to benefit any third party or deerned to provide third parties with any remedy, claim, right of action, or other right. (n) Survival. Sections 4 - 9 and Section 11 of the Agreement, inclusive of sub -sections, will survive any termination or expiration of the Agreement and will continue in full force and effect until they are satisfied in full or by their nature expire. (o) Headings. The headings used in the Agreement are for convenience only and do not in any way limit or otherwise affect the meaning of any of the terms. (p) Waiver. Under no circumstances will either party's failure to enforce any provision of the Agreement in any particular instance be construed as a waiver of that provision. (q) Notices. All notices from Customer to TPx must be in writing and delivered by certified mail. return receipt requested or by Federal Express or other similar expedited delivery service to: U.S. TelePacific Corp., Attn. General Counsel, 515 S. Flower Street, 45th Floor, Los Angeles, CA 90071-2201. If Customer notifies TPx that it does not wish to renew Services, Customer's written notice may be by a letter delivered in that mariner or by an email to: retention CXttpx.com. (r) Limitation on Actions. Any legal action (including but not limited to arbitration) arising in connection with this Agreement must be commenced within two (2) years after the cause of action arises. (s) UCx Services. Customer agrees that its use of UCx Services provided by Webex for Broadworks is subject to the following: (a) the Cisco Universal Cloud Terms found at httos://Cisco.corn/c/en/us/about/legal/cloud-and- software/universal-cloud-agreen)ent.html , (b) the Cisco Privacy Data Sheets for Webex Meetings and Webex Teams found at httos://trustportal.cisco.com/c/r/ctp/trust-portal.html#/customer transparency, and (c) the Cisco End User License Agreement for the Cisco client software installed by Customer found at www. Cisco. com/go/eul a. Vlourzo City Council FitV91 r YI —y ( ­FAFF-4 (o,DF'.AC n;/11/2P%i 2 i : 4 1 '9 fC 14 17-37 4/6/2021 Terms and Conditions to the Agreement 11. Service Guarantee Notwithstanding anything to the contrary contained in this Agreement, you may terminate this Agreement without any further obligation if the Services we provide are not substantially performing up to industry standards during the first ninety (90) days the Services are available for your use. If you elect to terminate the Agreernent pursuant to this guarantee, we will reimburse you for all reasonable costs you incurred to re-establish service with another service provider not to exceed the amount that you paid to us for installation of the Services. This Service Guarantee only applies if: (a) the cause of the Service deficiency was within our reasonable control: (b) you ordered at least the amount of Services that we recommended to meet your traffic volumes: (c) you give us written notice of the deficiency within the first ninety (90) days after we notified you the Services are available for your use, and (d) we fail to correct the Service deficiency within fifteen (15) days after receiving written notice from you of the deficiency. Vlourzo City Council FtIV91 r YI —y (i,.—FAFF.-46 ..—DF'.AC n;/11/2 '%i 21:41 '9 fC 15 17-38 4/6/2021 ADDENDUM TO MASTER SERVICE AGREEMENT This Addendum to Master Service Agreement ("Addendum'') is made as ol't:he 4"' day of March 2021, by and between CI.S. TelePacific Corp., a Delaware corporation, d/bla, TPx Communications, 303 Colorado Street, Suite 2075, Austin, TX 78701 ("TPx") and City of Santa Ana, a municipality organized under the laws of the state of California, 20 Civic Center Plaza, Santa Ana, CA 92701 ("Customer"). This Addendum amends and modifies that certain Master Service Agreement between TPx and Customer signed by Customer on the _16th— day of March 2021 ("Agreement"), as follows: 1. Based on the volume of' Services ordered by Customer and the competitive conditions in the marketplace for telecommunications services, 1'Px hereby agrees to provide. Services to Customer pursuant to Terms and Conditions and rates applicable to the Agreement as modified below based upon Customer's commitment to a three (3) year term ("Service Term') subject to the Terms and Conditions as modified by this Addendum as set forth below. 2_ On page 1 of the Service Agreement, delete: "including any changes to 'Dotal Monthly Recurring Charges up to five per cent (5%) and/or Non -Recurring Charges up to five per cent (5%) for Services and Equipment specified on this Service Agreement". 3. On Page 1, Section 2 of the Master Service Agreement, delete "sct forth at wwW.tox_comAcrms 4_ On the Equipment Addendum, subsection (h) of Section 2, add "within a reasonable time not to exceed fourteen (14) days and delete: "acknowledges acceptance of the Equipment delivery". 5_ In subsection (b) of'Section 1 of the Terms and Conditions of the Agreement, (a) in the fiou•th sentence, delete "the Tariffs"; (b) in the sixth sentence, delete "which will become pats of the Agreement"; (c) in the last sentence, delete "applicable". 6. TPx shall not increase the monthly recurring charge for Services provided to Customer during the Service Term and any provision to the contrary including Section 2(c) sball not apply. 7. Notwithstanding any other provisions to the contrary in Section 2(c) of the Tenris and Conditions of the Agreement, at the end of the Service Term, the Tenn for Services shall renew only on a month -to -month basis at the same monthly recurring charges for Services that were provided to Customer during the Service Term, unless either party notifies the other party in writing at least ninety (90) days prior to the end of the then - current Term of the intent not to allow the Scrvice Term to renew_ City Council 1 17 — 39 4/6/2021 FiSV914Y19(i,.-FAFF.-4W, n /11/2(` 1[1:41 '� rc 8. Insert the following new Section 2(c)(iii) in the Terms and Conditions of the Agreement: "During the transition period to SIP, Customer's rates for services shall be those rates in effect as of January 15, 2021 under Agreement A-2018-054 dated March 21, 2018 between Customer andTPx_ The January 15, 2021 rates shall remain in effect until such time as the services provided to Customer by TPx cut over to SIP." 9. In the second sentence of subsection (a) of Section 4 of the Terms and Conditions ofthe Agreement, delete sub -clauses (1) and (3). 10. Notwithstanding any provision to the contrary in Section 4 of the Terms and Conditions of the Agreement, upon ninety (90) day prior written notice, Customer may terminate the Agreement or any and all Services provided thereunder without incurring any tenninatiotr charges. Customer will be permitted to port numbers and/or move services during the ninety (90) day termination period. 11. In subsection (f) of Section 4 of rite "terms and Conditions of the Agreement, delete "or other termination" and "any promotional credits provided to Customer". 12. In subsection (c) of Section 10 of the Terms and Conditions of the Agreement in sub -clause (c), replace 'one million dollars ($1,000,000) for each occurrence" with "two million dollars ($2,000,000) for each occurrence" and two million dollars ($2,000,000) general aggregate" with "four million dollars ($4,000,000) general aggregate. ' In addition, TPx agrees to provide the Customer with an additional insured endorsement for the commercial general liability coverage as detailed in newly added subsection (c)(i)- (iii). 13_ Subsection (c)(i) (iii) Liee added to the Terms and Conditions of the Agreement as follows: (i) Additional Insured Endorsement Language: "City of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory." Additional Insured Endorsements are required to accompany Certificates of hlsuranee. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation. (ii)Additional Requirements: Certificates of Insurance must be accompanied by a list of all excluded coverages tinder the general liability and excess/umbrella liability policies; the general liability and excess/umbrella liability documents must list the corresponding policy numbers referenced on the Certificate of insurance. (iii)Certilicate Ifolder: Must be addressed as follows: City of Santa Ana, Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92702 City Council , 17 — 40 4/6/2021 FiSV914Y19(i,.-FAFF.-4W, 0 /11/2(` 1[1:41 '� rc 14. All of the other provisions of the Agreement shall remain in full force and effect. U.S. TclePacific Corp., a Delaware corporation IN Natne: T itle: I IA r �.;...._ 3 z.oz.j Eric Mihkelson Manager, Base Management City of Santa Ana, a municipality organized under the laws of the state of California By: _ Name: Title: Attest: Daisy Gotnez, CMC Clerk of Council Approved as to Form: Sonia R. Carvalho City Attorney By:X A. R Laura A. Rossini Chief Assistant City Attorney Recommended for Approval: Jack Ciulla Chief Technology Innovations Officer City Council FiSV914Y19(i,.-FAFF.-4W, n /11/2(-1 ',1:41 '� rc 3 17-41 4/6/2021 I O V o cEi X 4 0 V V Q) V x x c x '.. @) U a U s s s tt �i u Li ''.... '. i, m � O N C LU W c: C E 0 u O 41 n E 0 a a LB lJ ✓, ✓, ✓1 ',. N N N N !1 ✓ `� `� LA m d N E 0 X a x x � � � s T t0 L E E E E 0 C. J' v z x x cm Ql W ], d O U rz a .a A U Me voi lm iJ Information Technology Information Tech Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Agreement With Nogalis For Lawson Managed Services AGENDA TITLE: Approve Agreement with Nogalis, Inc. for Lawson Managed Services in an annual amount not to exceed $150.000 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Nogalis, Inc. for Lawson Managed Services for a (4) four-year term expiring April 1, 2025, with the potential for two (2) additional (1) one-year renewal terms exercisable by the City Manager and the City Attorney, for a total amount not -to -exceed $150,000 annually and $900,000 over the life of the agreement if all extensions are utilized, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is utilizing the Infor Lawson Financial and Procurement ERP (Enterprise Resource Planning) financial system ("Lawson") since September 2009 and has approximately 300 users citywide. The City uses the Infor Lawson financial system to process, account for, maintain, track, and report on the City's financial information and transactions. This includes functions for general ledger, accounts payable, billing, accounts receivable, cash management, procurement, inventory, asset management, grant management, projects and activities, budgeting, business intelligence and reporting. The system is used to produce the Comprehensive Annual Financial Report (CAFR) required by California State Law and the City Charter. In order to be able to better support our users and to reduce costs, increase efficiency, and improve service delivery, the IT Department has selected Nogalis, Inc. to for their Lawson Infor Managed Services offering to assist in supporting, maintaining, optimizing, and upgrading Lawson, as well as to assist with new projects. The managed services offering makes Lawson expert personnel available on a monthly basis to provide necessary professional services. These experts are shared between many Lawson customers in order to provide a cost-effective service offering. Lawson Infor Managed Services is cost-effective and responsive way to deliver high quality service and meet our cuslomer departmenls' needs. It allows the Informalion City Council 18 — 1 4/6/2021 Agreement With Nogalis For Lawson Managed Services April 6, 2021 Page 2 Technology Department to maintain a high level of Lawson maintenance and support, and access to specific technical expertise required for new Lawson projects, while maintaining low ongoing fixed costs to ensure that the system performs in the most optimal way. Additionally, the Managed Services offering also provides support for the Document Express application from MHC Software (MHC) that is used in conjunction with Lawson. In addition to day-to-day system support and maintenance, professional service assistance will be needed for several planned Lawson technology projects scheduled over the next four to six years. Anticipated projects include the following: Annual mandatory system upgrades (application and environment), year-end regulatory system updates, MHC system upgrades and year-end support, Lawson system migration to a latest supported version of Windows OS, ADFS (Active Directory Federation Services) upgrade, and a several new integration projects such is IC (OptiCrib) integration used by the Stores Division, Invoice Accounts Payable (AP) Automation integration with LaserFiche, new LMS (Learning Management Systems), and Business Tax systems integrations, etc. A request for proposals (RFP) for Information Technology Professional Services was issued on January 12, 2021 and closed on January 27, 2021. The RFP documents were made available on the Purchasing Division's Planetbids website and 764 preregistered vendors were notified by email, 250 external and 514 City of Santa Ana vendors, and 34 downloaded bidding documents. A total of 5 responses were received from potential vendors, none of which were headquartered in Santa Ana. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $150,000 are budgeted and available in the current fiscal year contract professional services account 10920141-62300 and will be budgeted in future fiscal years for a total aggregate amount not -to -exceed $150,000 annually and $900,000 over the life of the agreements if all extensions are utilized. EXHIBIT(S) 1. Agreement with Nogalis, Inc. Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By. Kristine Ridge, City Manager City Council 18 — 2 4/6/2021 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 AGREEMENT WITH NOGALIS, INC TO PROVIDE INP'OR (LAWSON) ERP SYSTEM MANAGED SERVICES AND SUPPORT THIS AGREEMENT is made and entered into on this 6°i day of April, 2021, by and between Nogalis, 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. On January 12, 2021, the City issued Request for Proposal #21-005 ("RFP") to retain a Consultant having special skill and knowledge in the field of providing Infor (Lawson) FRP System Managed Services and Support, including mandatory (MSP) and environmental (ESP) system upgrades. the Constltant submitted a timely response to the request, which was selected by the City- B. Consultant represents that it is able and willing to provide such services to the City as detailed in the RFP, and in its proposal of January 25, 2021, which shall be incorporated by reference to this Agreement. C- In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting, firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work required to filly and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A and Exhibit B- The total amount to be expended during the potential extended tern of this Agreement shall not exceed 5900,000, which is comprised of an estimated annual amount of S150,000 during the initial tern of the Agreement and any extensions exercised per section 3, below. b- Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accowiting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. # 11 Rt� council 18 — 3 41 2 f 9 F4'/e3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 3. TERM This Agreement shall commence on the date first written above, with services to begin on April G, 2021, and continue until April 5, 2025, with the option for the City to grant up to two (2) one (1) year extensions exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 1.5, below. 4. INDEPENDENT CONTRACTOR Consultant shall, dining the entire term of this Agreement, be construed to be an independent Consultant 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 Constiltant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services- Consultant shall pay all salaries and wages, employer's social sectrity taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS ERIA1 S Jbis Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant tinder this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement - Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City- City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City',, sole risk. G. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreemcnt, including, without limitation, acts involving vehicles. The amounts of # 11 Rt� council 18 — 4 4/ 1 9 F4'/e 3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or sell' -insurance programs maintained by the City; and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or egtuvalent 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, Contractor, 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 perfirmiance of the work snider 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. C. 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 other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement- v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or rcfuscs to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perforated prior to approval of insurance by the City. # 11 Rt� council 18 — 5 4/ 1 9 F4'/e3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its 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 terns 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. Ilre Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding- Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782-8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECT( JAI, INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any 17nited States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement- 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement- Consultant shall maintain complete and accurate records with respect to the costs incurred rider this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement- All such records and invoices shall be clearly identifiable- Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agrecnient during reguilar business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement- # 11 Rt� council 18 — 6 4/21 9 F4'/e 3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Constiltant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality, (d) is required to be disclosed by operation of law, or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICTOF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified tinder this Agreement. 12. NON-.015CRIMI NATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant aftirns that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations- B. 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 ferns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein- # 11 Rt� Clouncil 18 — 7 4/ 21 9 F4'/v. Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void- Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. is. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Constiltant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a- As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement- 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the parry waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies- 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall lie 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. is. PROFESSIONAL LICENSES Constiltant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies- Consultant shall notify the City immediately and # 11 Pt� council 18 — 8 4/ 21 9 F4'/e 3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other- coinamnicarion pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief' Innovations Officer, Information Technology City of Santa Ana 20 Civic Center Plaza (M-42) PA. Box 1988 Santa Ana, California 92702 Fax:(71.4) 647-5381 To Contractor: Nogalis, Inc- Attn: Tan Rezaei, President 4540 Campus Drive Newport Beach, CA 92660 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 snail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above- For purposes of calctilating these time frames, weekends, federal, state, County or City holidays shall be excluded- # 11 Rt� council 18 — 9 4/ 21 9 F4'/e 3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 20. 11IISCELLANEOIiS 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 ternis 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- I -he Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the patties is superseded by this Agreement. This shall not apply where the Patties are currently engaged and Consultant is provid ng services not contemplated by this Agreement. c- All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. If there are any conflicts between the terms in this Agreement and the terns found in any of the Exhibits, the terms of this Agreement shall prevail. (signatures on followingpage) # 11 Rt� council 18 — 10 4/ 1 9 F4'/e 3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney % Ryan O. 410dg t Assistant City Attorney RLCOMMLNDLD FOR APPROVAL: Jack Ciulla Chief Innovations Officer, Information Technology CITY OF SANhA AN'A Kristine Ridge City Manager NOGALIS, INC. C>uoc 8g ca 0, — An�-s By Tan Rezaei Title: President # 11 Rt� e council 18 — 11 4/ 1 9 F4'/3 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 EXHIBIT A SCOPE OF SLRVICES and RAILS City Council 18 — 12 4/6/2021 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 Exhibit A MANAGED SERVICE SERVICES AND DLLIVERAALI?$ I lie following is a statement of work to provide managed support for the Lawson application at City of Santa Ana_ This Statement of Work ("SOW") is dated as of April 6"', 2021 ("Lffecuve Date") is between Nogalis, Ina, a California corporation with its principal office at 4540 Campus Drive, Newport Beach, California 92660 (-Nogalis') and City of Santa Ana along with its subsidiaries and affiliates ("CLIENT"). This SOW is subject to and hereby incorporates the terms and conditions of a Services Agreement ("Agreement") between the two parties. Scopc Outliner: • Technteal support for the Lawson and related applications • Rmetional support for the Lawson and related applications Description of Service: Lawson Support Services: • Manage day to day Infor Lawson support activities: Break fix and troubleshooting support Infor user provisioning Monitoring and maintenance of scheduled Jobs Batch job and report maintenance • Functional application support • Infor Process Automation (IPA) Support • LBI Support and maintenance • Custon) Modification Management and Support • COBOL customisation support • Coordination of Infor update sets and CUs • Ming.le / Portal configuration and support • Maintenance of security roles and classes • Third party integrations with Infor applications (MIR', Kronor__) • Review current business and system administration processes o Identify and propose system process improvement opportunities Implement system process changes for greater efficiency o Identity business process improvement opportunities Identify training opportunities • General how-to support • Monthly IlealthChecks of the Lawson Application Servers • On demand knowledge transfer • Create and maintain technical and procedural documentation Apply MSPs and ESPs What is Not Covered 3- Nogalis does not provide hardware or network support. Our support staff will work with your team to determine how such issues are affecting Lawson and test their resolution. But the resolution of FIardware or VM related issues is not covered within this agreement. Overage The minimum base monthly hours is 40 hours. Any additional hours are considered "Overafie". Overage continues the scene serviceman increased rate. Client can increase the base set of hours at any time. Any increase in base Set of hours shall stay in affect for 6 months. 'rhe base monthly hours do not carry over to following unonths. City Council 18 — 13 4/6/2021 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 Proposed Work Plan The table below summarizes the proposed work plan. We view this as a stating place that we can review and adjust as needed. Service Summer Remote Lawson Support Three 3 assigned Lawson resources available via remote connection 24/7 Additional Resources All Noaahs MSP staff is available to client as needed when the volume of work exceeds the assigned resources. All development, upgrade, and other projects including project management is included in the managed service offermR. How remote work is performed: Our staff has been managing Lawson for many clients for several years via remote connection. We pride ourselves in our ability to respond quickly. anticipate user needs. andresolve issues expeditiously. Below are some of the highlights of how we deliver- our services via remote connection: How to reach Nogalis remote support: Our support staff can be reached via. Phone, rinail. or online ticket submission through JJRA 24/7/365. No specific way is preferred, and all three methods result in the sane level of support. How Nogalis approaches operation/user support: Our consultants are always monitoring your systems and JIRA forpossible actions that need to be taken. When an issue is registered, our approach is as follows: .: Assign ownership internally to a specif is parson Validate the issue is a valid issue o Begin working on issue resolution o Contact reporting user if necessary, immediately o Use WebEx to validate assumptions as soon as possible to ensure the issue can be i-cpheawd Open a ticket with Infor if the issue is not readily resolved in case it ends up requiring the vendor involvement. We find that getting the ticket in the queue early on can be helpful in expediting issues. o Open issues are escalated unernally based depending on agreed upon SLAB In case of critical production issues, a WebF.x session is started immediately, and all involved parties are invited to join man "all -hands -on -deck" marnier_ o Root cause analysis is performed for all issues that warrant it. Project Work Projects are defined as work for hire that require the, development of net new functionality in a new or existing, application. Projects arc differentiated from daily support in that a project requires gathering requirements for net new functionality. Projects are coveted by this Statement of Work and are each tracked and approved on an individual statement of work. Project rates are negotiated on this statement of work as shown in the "Pricing" section below. All project work is done on a time and materials basis unlcss otherwise statcd within the project SOW. Pricing Standard Rates: Item MSP.......... Dcscription______..._.____________________...___.________________________________Honrly,R<ue,___. MrnagedSupport 40hours monthly base $t55.00 Overate Mana .ed Support Overa e $175.00 Pro ect Pro ect Hours 3175.00 City Council 18 — 14 4/6/2021 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 Service Level Agreement Severity of Description Initial Follow up Corrective Customer Issue Response Status Action '1-imes Times Tiniest°, ONE (1) Customer's production use of the Lawson I hour 2 hours 3 business Application is stopped or so severely impacted that (24 x 7") (24 x 7*) days C;llstolller cannot reasonably continue work (24 x 7") TWO (2) Important features in the Lawson Application are 4 hours 4 hours 10 bus rc5% unavailable with no acceptable workaround. days Customer's implementation or production use of the Lawson Application is continuing, however, there is a Serious impact on the Cusunner's productivity and/or service levels. THREE (3) Important features in the Lawson Application are 12 hours 72 hours None unavailable, but a workaround is available or less significant components in the Lawson Application are unavailable with no reasonable workaround. Customers work regardless or the environment or product usage, has experienced a minor loss of service or functionality. FOUR (4) An error exists in the Lawson Application. but 5 business None None' Customer's work or usage of the Application is not clays impeded or there are only minor interruptions in Customer's normal operations_ Customer requests information, an enhancement or documentation clarification regarding the Lawson Application. but there is no impact on the operation of the Lawson Application. t Nogalis cannot guarantee final corrective action time on situations thatrequire collaboration, input and deliverables from Customer, 3" party vendors (e.g. hardware vendors or payroll software vendors, etc.) or Infor. 2 Nogalis cannot guarantee final resolution time on situations that are dependent on coordination of future releases, cyclic or point releases. 3 For enhancement requests, Nogalis will commit to providing Customer a Product Requirements Document within fourteen (14) business days, depending on the complexity of the request and research effort required. City Council 18 — 15 4/6/2021 Docu Sign Envelope ID: 12A36A20-ADDO-44FC-AE.18-36EE08EF3ED9 EXHIBIT B PRICING and RAILS City Council 18 — 16 4/6/2021 Docu Sign Envelope ID: 12A38A20-ADDO-44FC-AE.18-36EE08EF3ED9 inFor+ Pricing Standard Rates: Item Description Rate MSP-40 Managed Support (up to 40 hours monthly) $6200/mo Overage Managed Support Overage $175.00 Project Project Hours $175.00 * Clients can increase/decrease base hours with 30 day notice. Onboarding Costs: COSA has already been onboarded with Nogalis managed services and the onboarding cost will be waived for this engagement. Item Description Fixed Cost ONB Onboarding (40 hour fixed bid project) One Time $41999.9 $0.00 City Council 18 — 17 Parks, Recreation, and Community Services https://www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Custodial Services at Park Restrooms and Facilities AGENDA TITLE: Approve an Amendment to Add a One -Year Extension to the Agreement with Valley Maintenance Corporation for Custodial Services at City Park Restrooms and Facilities from June 1, 2021 to May 31, 2022 for a Total Annual Amount of $476,708, for Total Agreement Amount for the Five -Year Period to $2,130,425 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Valley Maintenance Corporation for custodial services at City park restrooms and racilities to extend the term for one year, from June 1, 2021 to May 31, 2022 for a total annual amount of 5476,708, bringing the total agreement amount for the five-year period to $2,130,425, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2017, the City of Santa Ana issued a Request for Proposals (RFP) for custodial services at City park restrooms and facilities. At the completion of the RFP process, the City selected and awarded an agreement with Valley Maintenance Corporation. The agreement is due to expire at the end of May 2021. The City is requesting to add a one- year extension to the agreement. Valley Maintenance has been performing services at City park restrooms and facilities and has learned the various issues and needs involved with maintaining the City facilities, particularly during the current COVID-19 pandemic. The City is attempting to avoid a disruption of service during this time and delay the Request for Proposal process until 2022. FISCAL IMPACT Funds are available in the following accounts for the current fiscal year and will be budgeted and made available for the next fiscal year: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # I Description Account Description FY 20-21 01113250-62320 General Fund PRCSA, Maintenance & $38,126 Repair/Building & Ground City Council 19 — 1 4/6/2021 A one-year agreement extension for custodial services at park restrooms and facilities April 6, 2021 Page 2 FY 20-21 01113220-62300 1 General Fund PRCSA, Contractual $1,600 Services -Professional Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account It Description Account Description FY 21-22 01113250-62320 General Fund PRCSA, Maintenance & $419,382 Repair/Building & Ground FY 21-22 01113220-62300 General Fund PRCSA, Contractual $17,600 Services -Professional EXHIBIT(S) 1. Agreement Amendment Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 19 — 2 4/6/2021 THIRD AMENDMENT TO AGREEMENT WITH VALLEY MAINTENANCE CORPORATION FOR .JANITORIAL SERVICES AT PARK RESTROOMS AND PARK BUILDINGS THIS THIRD AMENDMENT is made and entered into this 6"' day ot'April, 2021, by and between Valley Maintenance Corporation (hereinafter "Valley") and the City of Santa Ana (`City"), a charter city and municipal corporation organized and existing tinder the Constitution and laws of the State of California. RECITALS 1. On June 1, 2017, City and Valley entered into Agreement No. A-2017-125 ("Agreement') for janitorial services for park restrooms and park buildings. The Agreement was from June 1, 2017 to May 31, 2019 with two (2) one-year options f'or renewal_ 2. On May 15, 2018, City and Valley entered into the First Amendment No. A-2018-124 to add additional services to the Agreement for Pacific Electric Park and the Zoo Animal Hospital effective June 1, 2018 at an additional cost of $26,823 per year and an annual agreement not to exceed amount for each year of $290,508. 3. On August 18, 2018, City and Valley entered into a Second Amendment No. (A-2018-187) seeking to add additional services to the Agreement for Roosevelt -Walker Community Center and increasing daily cleaning of restrooms at all listed City Parks, and increase the overall compensation to the Agreement for said services during the remainder of the Agreement and extensions exercised by the parties. 4. City and Valley exercised the options to extend the Agreement on April 8, 2019 (A-2018- 124-01), and on May 12, 2020 (A-2017-125-01) extending the term of the Agreement until May 31, 2021. The Agreement is current and in effect. 5. The parties now wish to amend the Agreement to add an additional year to the tent of the Agreement and add compensation to pay for an additional year of services. NOW 'It WREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. Section 2, COMPENSATION of the Agreement is amended to increase the total sot- to -exceed amount for the Agreement as follows: a. An additional annual amount for this extended term, defined below, in an amount not to exceed $476,708, b. Total compensation for the Agreement shall not exceed $2,130.425. 2. Section 3, TERM of the Agreement, is hereby extended from June 1, 2021 until May 31, 2022_ 3. Except as modified by this Third Amendment, the terms and conditions of the Agreement, as amended, remain unchanged and in fill force and effect. (Signature page to follow] City Council 19 — 3 4/6/2021 IN WITNESS WI IFREOF, the parties hereto have executed this Third Amendment to the Agreement the date and year first written above. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R_ C`ARVALHO City Attorney CITY OF SANTA ANA Kristine Ridge City Manager VALLEY MAINTENANCE CORP. By: Laura A.Rossini By: i3fit CE HA.0 � Chief Assistant City Attorney Title: VICE PRE5I06rt-T . RI_?C:OMMENDED FOR APPROVAL: Lisa Rudloff Executive Director, I'arks, Recreation and Community Services Agency City Council 19 — 4 4/6/2021 gig COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA414169 MAItKELx` EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Additional Premium: $Included (Check box if fully earned ®) Please refer to each Coverage Form to determine which terms are defined. Words shown in quotations on thia endorsemen may or may not be defined in all Coverage Forms. t A. Who Is An insured Is amended to include as an additional insured any person or entity to whom you are required by valid written contract or agreement to provide such coverage, but only with respect to "bodily Injury", "property damage" (including "bodily injury" and "property damage" included in the "products -completed operations hazard"), and "personal and advertising injury" caused, in whole or in part, by the negligent acts or omissions of the Named Insured and only with respect to any coverage not otherwise excluded in the policy. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional Insured will not be broader than that which you are required by the valid written contractor agreement to provide for such additional insured. Our agreement to accept an additional insured provision In a valid written contract or agreement is not an acceptance of any other provisions of such contract or agreement or the contract or agreement in total. When coverage does not apply for the Named Insured, no coverage or defense will apply for the additional Insured - No coverage applies to such additional insured for Injury or damage of any type to any "employee" of the Named Insured or to any obligation of the additional Insured to indemnify another because of damages arising out of such injury or damage. B. With respect to the insurance afforded to these additional insured, the following is added to limits of insurance: The most we will pay on behalf of the additional Insured Is the amount of Insurance: 1. Required by the valid written contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown In the Declarations. All other terms and conditions remain unchanged. MEGL 0009-01 0919 Includes copyrighted material of Insurance Services Office, Inc„ with its permission. Page 1 of 1 City Council 19 - 5 4/6/2021 gig COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 3AA414169 nnaRKI:�Po EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any person(s) or organization(s) with whom the Named Insured agrees, in a written contract executed prior to the 'Occurrence", to waive rights of recovery Additional Premium., $ Included The following Is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241-01 05 18 City Council Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with Its permission. 19-6 4/6/2021 '19 CERTIFICATE OF LIABILITY INSURANCE I DATE 0/083/08l//2021 �� THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED TE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINBY THE POLICIES G ORDER R(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcyp") must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondomement s . NAMgPRODUCER INSURANCE LAND INSURANCE SERVICES PHONE STLVI CHA wlc, No_EM1. 213-388 5505 Ile/c..Na1. 213-388 7148 WILSHIRE4032 BLVD E0E INSURANCELAND@GMAIL. COIN ADDRESS SUITE 3O9 INSURER(S) AFFORDING COVERAGE NAICK LOS ANGELES CA 90010 -- i INSURED INSURER B: STATE FARM 11770 VALLEY MAINTENANCE CORPORATION INsuRERc:TWITED STATES LIABILITY INS. In 25895 11759 TELEGRAPH ROAD INSURER O ICN GROUP 27847 - wsuRERE TRAVELERS CASUALTY AND SURETY Co, 19038 SANTA FE SPRINGS CA 90670 INSURER F: Cr1VFRAfzPB reer¢Irarc unamrn. . ..I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 'TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON'I RACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCI USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE. BEEN REDUCED BY PAID CLAIMS. life TYPE OF INSURANCE ADOL 3UenI POLICY EFF POLICY ExP 1 -- POLICY NUMBER MM DDrcl' MMlDDrYYYY LIMITS ' COMMERCIAL GENERAL LIAHfL.ITY I 3AA414169 )De/>_2/2o2 o�oR/>•B/aoal EACNOCCURRcNCE GE Y6WENPED — DAMA(+REMISn� $ 1,000,000 CLAIMS MADE �] OCCUR ¢rr pGtullBDCOj g 100, 000 PRIMARY NON-CONTRIBUTORY MED(:%P.(gnyaneperson) 3 $,000 A _ X X PERSONA'UADVINJURY S 11000,000 GEIN`_ AGGREGATE LMFT APPI IFS PER: PRO PRO- GENEHA,. AC REGATE 5 2,000,000 1I POLICY IOC I S PROO,IC COMNOP LGG S INCLUDED OCHER: AUTOMOBILE LIABILITY / 6838202C15-75 19/15/T.02D 9/15/2021 COMDIN �(N2,.1 F II IMIT (Eadwtlan9 a 2r 000, 000o ANY AUTO HODLY INJURY IF pero.,) 8 1, 000, 000 B A-L OVMbC „CHEDULF.O 8 ]C AJTOS AUTOS BODILY INJURY PPr A,.PWnt 5 [ 1 11 0001 000 IRFDAUIOS 'NON-0WNED AUTOS PROPER( PROPnge/DAMAGE g 1,000, 000 ._ ._'.. rtj AGGREGATE S 1,600,000 1� UMBRELLA LIAR OCCUR l XL 1578400C 05/02 /302003(D"1./20i1 EACI+OCCJHRENCE 5 5,000, 000 (` E%C[SS LIAR I CCAIMSMADE DEC _ T RETENTIONS ACCRECA'E Y 5,000,000 IPRODUCTS CON/OP AG F 1, 000 OOO WORKERS COMPENSATION AND EMPLOYERS'UAeIUTY YIN WSA 5037498 03 0e/12/2020 09/13/2021 {yTHTUTE -R.r D ANY PROPRIETOkrPAR 7 NF.R'FxECLTNc OFFICERIMEMBER EXCLUUED7 Y NIA g FI EACH ACCIDENT' _. g 1,000,000 W0.W(OryN NH) ryes. Bi0E NltlVr ryes. '.. FL DISLA�, LA LMPIOYEE --I _.. 8 1,000,000 _. DESCRIPTION OF OPERATIONS PAIax E.L. DISEASE-POLICYLIMIT 5 1,000,000 E CRIME �105620659 I OS/24/2020105/24/2021 THIRD PARTY $1,000,000 DESCRIPTION OF OPERATONS I LOCATIONS / VEHICLES (ACORD 101. Addklonbl RemarkS Scnedula, may On attached It mom spaea Is Moulmd) City of Santa Ana, Risk Management, it's officers, employees, agents, representatives, and volunteers as additional inured. Certificate of Insurance shall provide thirty (301 day prior written notice of cancellation CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA, 47H FLOOR SANTA ANA CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1Y� (2 / CitV Cou ACORD Z5 (2014101) — fa 1988-2014 ACORD The ACORD name and logo are registered marks of ACORD reserved. Police Department https://www.santa-ana.org/pd Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Warehouse space for the Santa Ana Police Department AGENDA TITLE: Approve a Three -Year Lease Agreement with Rick Kagasoff for warehouse space for the Santa Ana Police Department Evidence Section in the amount of $197,227 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a three-year lease agreement with Rick Kagasoff for warehouse space, for the period of April 15, 2021 through April 30, 2024, in an amount not to exceed $197,227, subject to non -substantive changes approved by the City Manager and City Attorney. This agreement also includes an optional one-year extension, exercisable by the City Manager and City Attorney, in the annual amount of $67,200. DISCUSSION The Santa Ana Police Department's Evidence Section utilizes warehouse space to store items with evidentiary value. The Police Department Currently has an existing lease for the adjacent warehouse with Rick Kagasoff. This lease is for an additional 6,500 square foot warehouse used to store large evidence items related to the increase in illegal cannabis locations and gambling locations. Due to the size of the gambling machines and cannabis equipment, the Police Department's Evidence Section is unable to store these items. Based on the number of seizures over the past year, our current warehouse is reaching capacity. Both warehouses have exterior yards separated by a fence. Rick Kagasoff is willing to remove the fence at no cost to the City. The warehouse location has been mutually beneficial to both the property owner and the Police Department, as the property owner appreciates the law enforcement presence this agreement brings. In October 2020, a search for properties was conducted for current City owned property that would meet the proper evidentiary requirements per the Department of Justice. This warehouse met the needed requirements, and the property owner negotiated lower warehouse lease costs. The property owner has partnered with the Police Department on this project and understands the needs of the warehouse for the Department and the benefits to the community. City Council 20-1 4/6/2021 Warehouse space for the Santa Ana Police Department April 6, 2021 Page 2 This proposed three-year lease agreement allows the Police Department to continue its storage of evidence in the adjacent warehouse, sharing a common fenced yard. Due to the warehouses being adjacent, the City will save money with infrastructure costs to include security, cameras, maintenance, and fiber services. The lease agreement will cover the period of April 15, 2021 to April 30, 2024. The agreement includes annual amounts of $63,600 ($5,300 per month) for the first year, $64,800 ($5,400 per month) for the second year, and $66,000 ($5,500 per month) for the third year. This agreement also provides for an optional one-year extension, exercisable by the City Manager and Clerk of the Council, in the annual amount of $67,200 ($5,600 per month) should the City decide to extend the agreement for an additional one-year term. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement in the amount of $197,227 are available in the Fund 53 Police Services contract services account (no. 05314021 62300), and will be budgeted in future fiscal years as follows: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2020-21 05314021 62300 Fund 53 Police Services 13,427 FY 2021-22 05314021 62300 Fund 53 Police Services 63,800 FY 2022-23 05314021 62300 Fund 53 Police Services 65,000 FY 2023-24 05314021 62300 Fund 53 Police Services 55,000 Total 197,227 Should the City decide to exercise the one-year option to extend, funds will be budgeted in future fiscal years as follows: Fiscal Year Accounting Unit - Account# Accounting Unit, Account Description Amount FY 2023-24 05314021 62300 Fund 53 Police Services 11,200 FY 2024-25 05314021 62300 Fund 53 Police Services 56,000 Total 67,200 EXHIBIT(S) 1. Lease Agreement with Rick Kagasoff Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 20 — 2 4/6/2021 Exhibit I AI RCRS STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE - GROSS (DO NOT USE THIS FORM FOR MULTI -TENANT BUILDINGS) 1. Basic Provlsiona ("Bask Provisions )- 1.1 Parties. This base ("Lease"), dated for reference purposesoniy March 152021, is made by and between Rick DKaga�pff ("Lessor")and City of Santa Ana ("Lessee"L (collectively the "Parties," or indNidually a "Party'). 1.2 Premises: that certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, commonly known as (street address, city, state, rip): ("Premises"). The Premises are located in the County of Orange , and are genemily described as (describe briefly the nature of the property and, if applicable, the "Project," if the property is located within a Project): an i Strij31„ uil ing 44nSi,�S�ngQ„apprgxim itCly 6,SP0 $tapir(-, fP.�1_ - (See also Paragraph 2) 1.3 Term: 3 yearsand 0 months("Originalterm")commencing 5/1/2021. ("Commencement Date') and ending 41.392D24 ("Expiration Date")- (See also Paragraph 3) 1A Early Possession: It the Premises are available Lessee may have nonexclusive possession of the Premises commencing 4/15/2021 @ $176.67 per day (16 days = $2,826.72) ("Early Possession Date"). (See also Paragraphs 3.2 and 3.3) 1l—.5("ease Rent'), Rent: $5,300.00 per month ("eRent'), payable on the ISt day of each month commencing ,5[7[2021 . (See also Paragraph 4) VIf this box is checked, there are provisions in this Lease far the Base Rent to be adjusted. See Paragraph 51 1.6 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent: $5,300.00 for the period 5/1/2021-5131j? (b) Security Deposit: _$S30000 ("securftyDeposit").(See also Paragraphs) (c) Association Fees: for the period (d) Dow; $2,826.72 for Early Possession . (e) Total Due upon Execution ofthls Lea": $13,426.72 . 1.7 Agreed Ilse: _ . (See also Paragraph 6) 1B Insuring Party- Lessor is the "Insuring Party". The annual "Base Premium" is _. (See also Paragraph g) 1.9 Real Estate Brokers. (See also Paragraph 15 and 25) I—� (a) Representation: The following real estate brokers (the "Broken') and brokerage relationships exist in this transaction (check applicable boxes): -----I _ represents Lessorexclusive.ly (Lessor's Bmlier"); l❑ _ represents Lessee exclusively ("Lessue's Broker'); or `-- _ represents both Lessor and Lessee ("Dual Agency"). (b) Payment to Broken: Upon execution and delivery of this Lease by both Parties, Lessor shall pay to the brokers the brokerage tee agreed to in a separate written agreement (or If there is no such agreement, the sum of .,,,„_ or _ % of the total Base Rent) for the brokerage services rendered by the Brokers. 1.10 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by ........ ("Guarantor'). (Sce also Paragraph 37) 1.11 Attachments. Attached hereto are the fallowing, all of which constitute a part of this Lease: 2r ran Addendum consistingof Paragraphs 18,51.. through .55 I--� a plot plan depicting the Premises; Fla current set of the Rules and Regulations; 0 a Work Letter: n other (specify): 2. Premises. 2.1 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may haw been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different. NOTE: lessee is advised W verify the actual size prior to executing this Lease. 2.2 Condition. Lessor shall deliver the Premises to Lessee broom clean and free of debris on the Commencement Date or the Early Possession Date, whichever first occurs ("Start Pate"), and, so long as the required service contracts described in Paragraph 7.1(b) below are obtained by Lessee and in effect within thirty days following the Start Date, warrants that the existing electrical, plumbing, fire sprinkler, lighting, heating, ventilating and air conditioning systems ("NYAC'), loading doors, sump pumps, if any, and all other such elements in the Premises, other than those constructed by Lessee, shall be in good operating condition on said date and that the surface and structural elements of the roof, hearing walls and foundation of any buildings on the Premises (the "Building") shall be free of material defects, and that the Unit does not contain hazardous levels of any mold or fungi defined as toxic under applicable state or federal law. It a non-compliance with said warranty exists as of the Start Date, or if orre of such systems or elements should malfunction or fail within the appropriate warranty period, Lessor shall, as Lessor's sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Lessee setting forth wnh specificity the nature and extent of such non-compliance, malfunction or failure, rectify sameat Lessor's expense. The warranty periods shall be as follows: (1) 6 months alto the MYAC systems, and (ii) 30 days as to the remaining systems arch other elements of the Building. it Lessee does not give Lessor the required notice within the appropriate warranty period, correction of any such non-compliance, malfunction or failure shall be the obligation of Lessee at Lessee's sole cost and expense, except Page i of 16 INITIALS INITIALS 0 2017 AIR [Rf'.Itklll Rf "5lenred. 20 — 3 sTG-27/*4tlV d 11-01-2017 for the roof, foundations, and bearing walls which are handled as provided in paragraph 7. Lessor also warrams, that unless otherwise specified in writing, Lessor is unaware Of (i) any recorded Notices Of Default affecting the Premise; fill any delinquent amounts due under any loan secured by the Pmmises; and (iii) any bankruptcy Proceeding affecting the Premises. 2.3 Compliance. Lessor Warrants that to the best of its knowledge the improvements on the Premises comply with the building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances ("Applicable Requirement') that were in effect at time that each improvement, or portion thereof, was constructed. Said warranty does not apply to the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 49), o, to any Alterations or utility Installations (as defined in Paragraph 7.3(a)) made or to be made by Lessee. NOTE: Lessee is responsible for determining whether or not the Applicable Requirements, and especially the zoning, ark appropriate for Lessee's intended use, and acknowledges that part uses of the Premises may no lodger be allowed. R the Premises do not Comply with said warranty, Lessor shall, except as otherwise provided, promptly after receipt of written notice from Lessee setting forth with specificity the nature and extent of such non-compliance, rectify the same at Lessor's expense. If Lessee does not give Lessor written notice of a non-Compliame with this warranty within 6 months following the Start Date, correction of that non-compliance shall be the obligation of Lessee at Lessee's sole cost and expense. If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Premises and/or Building, the mmediation of any Hazardous Substance, or the reinforcement or other physical modification of the unit, Premises and/or Building ("Capital Expenditure"), Lessor and Lessee shall allocate the tort of such work as follows: (a) Subject to Paragraph 2.3(c) below, if such Capital Expenditures are required as a result of the specific and unique use of the Premises by Lessee as compared with uses by tenants in general, lessee shall be fully responsible for the cost thereof, provided, however, that if such Capital Expenditure is required during the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing, within 10 days after receipt of Lessee's imernmahon notice that Lessor has elected to pay the difference between the actual cost thereof and an amount equal to 6 months' Base Rent. It Lessee elects termination, Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter. Such termination dace shall, however, in no event be earlier than the last day that lessee could legally utilize the Premises without commencing such Capital Expenditure. (b) If such Capital Expenditure Is not the result of the specific and unique use Of the Premises by Lessee (such as, governmentally mandated seismic modifications), then Lessor shall pay for such Capital Expenditure and Lessee shag only be obligated W pay, each month during the remainder of the term of this Lease or any extent n thereof, on the date that on which the Base Rent is due, an amount equal to 1/144th of the portion of such costs reasonably attributable to the Premises. Lessee shall pay Interest on the balance but may prepay its obligation at any time, if, however, such Capital Expenditure is required during the last 2 years of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 10 days after receipt of lessor's termination notice that Lessee will pay for such Caprtal Expenditure. If Lessor does not elect to terminate, and fails to tender Its share of any such Capital Expenditure, Lessee may advance such funds and deduct same, with Interest, from Rent until Lessor's share of such costs have been fully paid. If Lessee is unable to finance Lessor's share, or if the balance of the Rent due and payable torthe remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis. Lessee shall havethe right to terminate this Lease upon 30 days written notice to lessor. (e) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non -voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change In use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall either. ( i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditure at its own expense. Lessee shall not, however, have any right to terminate this Lease. 2.4 Acknowledgerments. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises, (b) it has been advised by Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the electrical, HVAC and fire sprinkler Systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's intended use, (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Premises, (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor, (e) the square footage of the Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein, and (f) neither Lessor, Lessor's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this lease. In addition, Lessor acknowledges that: (1) Brokers have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises, and (11) it is Lessors sole responsibility to investigate the financial capabilrty and/or suitability of all proposed tenants. 2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the owner or Occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work. S. Term. 3.1 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1.3. 32 Early Possession. Any provision herein granting Lessee Early Possession of the Premises is subject to and conditioned upon the Premises being available for such possession prior to the Commencement Date. Any grant of Early Possession only conveys a non-exclusive right to occupy the Premises. If Lessee totally or partially occupies the Premises prior to the Commencement Date, the obligation to pay Base Rent shall be abated for the period of such Early Possession. All other terms of this Lease (including but not limited to the obligations to pay Real Property Taxes and insurance premiums and to maintain the Premises) shall be in effect during such period. Any such Early Possession shall not affect the Expiration Date. 3.3 Delay In Possession. Lessor agrees to use its best commercially reasonable efforts to deliver possession of the Premises to Lessee by the Commencement Date. If, despite said efforts, Lessor is unable to deliver possession by such date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or change the Expiration Date. Lessee shall not, however, be obligated to pay Rent or perform Its other obligations until Lessor delivers possession of the Premises and any period of rent abatement that Lessee would otherwise have enjoyed shall run from the date of delivery of possession and continue for a period equal to what Lessee would otherwise have enjoyed under the terms hereof, but minus any days of delay caused by the acts or omissions of Lessee. If possession is not delivered within 60 days after the Commencement Date, as the same may be extended under the terms of any Work Letter executed by Parties, Lessee may, at its option, by notice In writing within 10 days after the end of such 60 day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder If Such written notice is not received by Lessor within said 10 day period, Lessee's right to cancel shall terminate. If possession of the Premises is not delivered within 120 days after the Commencement Date, this Lease shall terminate unless other agreements am reached between Lessor and Lessee, in writing. 3.4 Lessee Compliance. Lessor shall not be required to render Possession Of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and afterthe Start Date, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance. Further, if lessee Page 2 of 16 _ NITIALStast Edited- 2017AIR CR ryR t}eed. 420211 INITIALS STG-27aaviisdll-01-2017 is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied. 4. Rent 4.1 Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed W be rent ("Rent"). 4.2 Payment. Lessee shall cause payment of Rent to be recerved by Lessor in lawful money of the United States, without offset or deduction (except as Specifically permitted in this Lease), on or before the day on which it is due. All monetary amounts shall be rounded to the nearest whole dollar. In the event that any invoice prepared by Lessor Is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Lease. Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing. Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessors rights to the balance of such Rent, regardless of Lessors endorsement of any check so stating. In the event that any check, draft, or other Instrument of payment given by Lessee to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of $25 In addition to any Late Charge and Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. Payments will be applied first to accrued late charges and Attorney's fees, second to accrued interest, then to Base Rent Insurance and Real Property Taxes, and any remaining amount to any other outstanding charges or costs. 43 Association Fees. In addition to the Base Rent, Lessee shall pay to Lessor each month an amount equal to any owners association or condominium fees levied or assessed against the Premises. Said monies shall be paid at the same time, and In the same manner as the Base Rent. 5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof the Security Deposit as security for Lessee's faithful performance of its obligations underthis Lease. If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor "use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor, for Rents which will be due in the future, and/or W reimburse Or compensate Lessor for any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof. If Lessor uses or applies all or any portion of the Security Deposit, lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full 'amount required by this Lease. If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Rase Rent as the initial Security Deposit bore to the initial Base ReM. Should the Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate sublessee or assignee, Lessor shall have the right to Increase the Security Deposit to the extent necessary, In Lessor's reasonable judgment, to Account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition. Lessor shall not be required to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease., Lessor shall return that portion of the Security Deposit not used or applied by Lessor. Lessor shall upon written request provide Lessee with an accounting showing how that portion of the Security Deposit that was not returned was applied. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Lessee under this Lease. THE SECURITY DEPOSIT SHALL NOT BE USED BY LESSEE IN LIEU OF PAYMENT OF THE LAST MONTH'S RENT. 6. Use. 6.1 Use- Lessee Shall use and occupy the Premises only for the Agreed Use, or any other legal use which is reasonably comparable thereto, and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or nuisance, or that disturbs occupants of or causes damage to neighboring premises or properties. Other than guide, signal and seeing eye dogs, Lessee shall not; keep or allow in the Premises any pets, animals, birds, fish, or reptiles. Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the Same will not impair the structural integrity of the improvements on the Premises or the mechanical or electrical systems therein, and/or is not significantly more burdensome to the Premises. If Lessor elects to withhold consent, Lessor shall within 7 days after such request give written notification of same, which notice shall include an explanation of Lessors objections to the change in the Agreed Use. 6.2 Hazardous Substances. (a) Reportable Uses Require CorrseM. The term "Hamedmrs Substance' as used in this lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, of release, either by itself or in combination with other materials expected to be on the Premises, is either: (I) potentially injurious to the public health, safety or welfare, the environment or the Premises, (if) regulated or monitored by any governmental authority, or (in) a basis for potential liability of Lessor to any governmental agency or third party under any appliu6ie statute or common law theory. Hazardous Substances shall Include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof. Lessee shall not engage in any activity in of on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Lessor and timely compliance fat Lessee's expense) with all Applicable Requirements. "Reportable Use" shall mean (I) the installation or use of arty above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from. or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (III) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering cir occupying the Premises or neighboring properties. Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use., ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, So long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reportable Use upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. (b) 00ty to Inform Lessor If Le55ee. knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Lessee Remedlation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all Investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused Or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party, (d) Leases indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Page 3 of 16 INITIALS nnCC''IILAST 4/6/2021 INITIALS (Q 2017 A1R CRECA�iR }IHe324ved. STG,2720, Revised 11-01-2017 Hazardous Substance brought onto the Premises by or for Lessee, or any third party (provided, however, that lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost Of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this lease. No termination, cancellation or release agreement erteered into by Lmm and lessee shag release Lessee tram its obligations under this tease with respect to Hazardous Substances, unless specifically to agreed by Lessor in writing at the time of such agreement. (e) Lessor indemnification. except as otherwise provided in paragraph 8.7, Lessor and its successors and assigns shall indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, which result from Hazardous Substances which existed on the Premises prior to Lessees occupancy or which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease- (f) Investigations and Remediations. Lessor shall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee's occupancy, unless such remediation measure is required as a result of Lessee's use (including "Alterations", as defined in paragraph 7.3(a) below) of the Premises, In which event Lessee shall be responsible for such payment. Lessee shall cooperate fully in any such activities at the request Of Lessor, including allowing Lessor and Lessors agents to have reasonable access to the Premises at reasonable times in order to carry out Lessor's investigative and remedial responsibilities. (9) LessM Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the tern at this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13f, lessor may, at Lessor's option, either (i) investigate and finediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (u) if the estimated cast to remediate such condition exceeds 12 times the then monthly Base Rent or 5100,000, whichever is greater, give written notice to Lessee, within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of lessor's desire to terminate this Lease as of the date 60 days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cast of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times the then monthly Base Rent or 5100,OOQ whichever is greater. Lessee shall provide Lessor with said funds of satisfactory assurance thereof within 30 days following such commitment. In such event, this Lease shall continue In full force and effect, and Lessor shag proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination. 6-3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sale expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to the Premises, without regard to whether said Applicable Requirements are now in effect or become effective after the Start Date- Lessee shall, within 10 days after receipt of Lessor's written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, nobly Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements. likewise, lessee shall immediately give written notice to Lessor of (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or(ii) any mustiness of other odors that might indicate the presence of mold in the Premises. In addition, Lessee shall provide Lessor with copies of Its business license, certificate of occupancy and/or any similar document within 10 days of the receipt of a written request therefor. 6.4 Impectlon; Compliance. Lessor and Lessor's "Lender" (as defined In Paragraph 30) and consultants authorized by Lessor shall have the right to enter into Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the purpose of inspecting and/or testing the condition of the Premises and/or for verifying compliance by Lessee with this Lease. The cost of any such inspections shall be paid by Lessor, unless a violation of Applicable Requirements, or Hazardous Substance Condition (see Paragraph 9.1) Is found to exist or be imminent, of the inspection is requested or ordered by governmental authority. In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so long as such inspection is reasonably related to the violation or contamination. In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the, receipt Of a written request therefor. Lessee acknowledges that any failure on its part to allow such inspections or testing will expose Lessorto risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the Lessee fail to allow such Inspections and/or testing in a timely fashion the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base item or $100, whichever is greater for the remainder to the Lease. The Parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to allow such inspection and/or testing. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default of Breach with respect to such failure nor prevent the exercise of any of the other rights and remedies granted hereunder. 7. Maintenance; Repairs; Utility Installatlors; Trade fixtures and Alterations. 7.1 lessee's Obligations. (a) In Genaml. Subject to the provisions of Paragraph 2.2 (Condition), 2.3 (Compliance), 6.31Lessee's Compliance with Applicable Requirements), 7.2 (Lessor's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee's sole expense, keep the Premises, Utility Installations (intended for Lessee's exclusive. use, no matter where located), and Alterations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all equipment m facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, wags (interior and exterior), ceilings, floors, stairs, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, Sidewalks and parkways located in, on, or adjacent to the Premises. Lessee is also responsible for keeping the root and roof drainage clean and free of debris. Lessor shall keep the surface and structural elements of the roof, foundations, and bearing walls in good repair (we paragraph 7.2). Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below. Lessees obligations shall Include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a pare thereof in good order, condition and state of repair. Lessee shall, during the term of this Lease, keep the exterior appearance of the Building in a first-class condition (including, e.g. graffiti removal) consistent with the exterior appearance of other similar facilities of comparable age and size in the vicinity including, when necessary, the exterior repainting of the Building. (b) Service Contracts- Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor in customary torn and Substance for and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (I) Page 4 of 16 I I I LS 4/6/2021 INITIALS 5rG-27. ® 2017 AIR CRE:-'.CtYRsFved. 0, Revise 11-01-2017 HVAC equipment, (ii) boiler, and pressure vessels, (iii) fire extinguishing systems, Including fire alarm and/or smoke detection, (iv) landscaping and irrigation systems, and (v) clarifiers- However, Lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such service contracts, and Lessee shall reimburse Lessor, upon demand, for the cost thereof. (c) Failure to Perform. If Lessee fails to perform lessee's obligations under this Paragraph 7.1, Lessor may enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf, and put the Premises In good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115% of the cost thereof. (d) Replacement. Subject to Lessee's indemnification of Lessoras set forth in Paragraph 117 below, and without relieving Lessee of liability resulting from Lessees failure to exercise and perform good maintenance practices, if an item described in Paragraph 7.1(b) cannot he repaired other than at a cost which Is in excess of 50% of the cost of replacing such Rem, then such item shall be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease, on the date on which Base Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which Is one, and the denominator of which is Sits fie. 1/144th of the cost per month). Lessee shall pay Interest on the unamortined balance but may prepay its obligation at any time. 7.2 Lessors Obligations. Subject to the provisions of Paragraphs 22 (Condition), 2.3 (Compliance), 9 (Damage or Destruction) and 14 (Condemnation), It is Intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of the Lessee, except for the surface and structural elements of the roof, foundations and bearing waft, the repair of which shall be the responsibility of Lessor upon receipt of written notice that such a repair is necessary. It is the intemion of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises. 7.3 Utility Installations; Trade Fixtures; Alterations. (a) Definiborrs. The term "Utility Irrstailatlom" refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution, security and tire protection systems, communication fabling, lighting fixtures, HVAC equipment, plumbing, and fencing in or on the. Premises- The term "Trade Fixtures" shall mean Lessee's machinery and equipment that can be, removed without doing material damage to the Premises. The term "Aleratons" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. "Lessee Owned Alterations and/or Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). (b) Consent Lessee shall not make any Alterations or Utility Installations to the Premises without Lessor's prior written consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve purictudng, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, do not trigger the requirement for additional modifications and/or improvements to the Premises resulting from Applicable Requirements, such as compliance with Title 24, and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any One year. Notwithstanding the foregoing, Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utility Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in vel(ten form with detailed plans- Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (it) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (in) compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials. Lessee shall promptly upon completion furnish Lessor with as -built plans and specifications. For work which costs an amount in excess of one month's Base Rent, Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150%of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor. (c) Liens; Bonds- Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at of for use on the Premises, which claims are or maybe secured by any mechanic's or materialmen s lien against the Premises or any interest therein. Lessee shall give Lessor not lessthan 10 days notice prior to the commencement of any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility. If Lessee shall contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be. rendered thereon before the enforcement thereof. If Lessor shall require, Lessee shall furnish a surety bond in an amount equal to 150%of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for the same. If Lessor elects to participate in any such action, Lessee shall pay Lessor's attorneys' fees and costs. 7.4 Ow marship; Removal;Surrender, and Restoration. (a) ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations- Unless otherwise instructed per paragraph'T.4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises- (b) Removal. By delivery to lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease. Lessor may require the removal at any time of all or any part of any Lessee. Owned Alterations Or Utility Installations made without the required consent. (c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any eadferte.rmination date, with all of the Improvements, parts and surfaces thereof broom clean and free Of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted. "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice. Notwithstanding the foregoing, if the Lessee occupies the Premises for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/of Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall also remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) to the level specified in Applicable Requirements. Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the expiration pate or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below. 8. Insurance; Indemnity. 8.1 Payment of Premium Increases. (a) Lessee shall pay to Lessor any insurance cost increase ("xrsuran . Cost Inerea3e"1 Occurring during the term of this Lease. Insurance Cost Increase is defined as any increase in the actual cost of the insurance required under Paragraph 8.2(b), 8.3(a) and 8.3(b), over and above the Base Premium as hereinafter defined calculated on an annual basis. Insurance Cost Increase shall include but not be limited to increases resulting from the nature of Lessee's occupancy, any act or Page 5 of 16 WITALS ff'� 11���� nn rrllrr::II / INITIALS 9 2017 AIR CRT' IAI Q tY f S&t ted- STG,274.2�/iFevvii 11-01-2017 omission of Lessee, requirements of the holder of mortgage or deed of trust covering the Premises, increased valuation of the Premises and/or a premium rate increase. The parties are encouraged to fill in the Base Premium in Paragraph 1.8 with a reasonable premium for the Required Insurance based on the Agreed Use of the Premises. If the parties fail to insert a dollar amount in Paragraph 1.8, then the Base Premium shall be the lowest annual premium reasonably obtainable for the Required Insurance as of the commencement of the Original Term for the Agreed Use of the Premises. In no event, however, shall Lessee be responsible for any portion of the increase in the premium cost attributable to liability Insurance carried W Lessor under Paragraph 8.2(b) in excess of $2,000,000 per occurrence. (b) Lessee shall pay any such Insurance Cost Increase to Lessor within 30 days after receipt by Lessee of a copy of the premium statement or other reasonable evidence of the amount due. if the insurance policies maintained hereunder cover other property besides the Premises, Lessor shall also deliver to Lessee a statement of the amount of such Insurance Cost Increase attributable only to the Premises showing In reasonable detail the manner in which such amount was computed- Premiums for policy periods commencing prior to, or extending beyond the term of this Lease, shall be prorated to correspond to the term of this Lease. 8.2 Liability Insurance. (a) carried by lessee- Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily Injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000.000 per occurrence with an annual aggregate of not less than 52,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors of Premises' Endorsement. The policy shall not contain any intra-insured exclusions as between insured persons or organiwtions, but shall include coverage for liability assumed under this Lease as an "insured cordracf" for the performance of Lessee's indemnity obligations under this Lease. The limits of Said insurance shag not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. (b) Carded by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not 10 lieu of, the insurance required to be maintained by Lessee. Lessee shall not be named as an additional insured therein. 8.3 Property Insurable -Building, Improvements and Renal Value. (a) Building and Improvements- The Insuring Parry shall obtain and keep in force a policy or policies in the name of Lessor, with loss payable to Lessor, any ground fessm, and to any Lender insuring loss of damage to the Premises. The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but In no event more than the comme.rcla0y reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender or included in the Base Premium), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result at covered loss. Said policy or policies shall also contain an agted valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase In the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an insured Loss. (b) Rental Value. The Insuring Parry shall obtain and keep in force a policy or policies in the name of Lessor with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 month period. Lessee shag be liable for any deductible amount in the event of such loss. (c) Adjacent Premises. If the Premises am part of a larger budding, or of a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises. 8.4 Lessee's Pmperty; Business Interruption Insurable; Worker's compensation Insurance. (a) Property Damage. Lessee shall obtain and maintain Insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee. Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,0W per occurrence. The proceeds from any such insurance shall be used by Lessee for the replacement at personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. (b) Business interruption. Lessee shall obtain and maintain loss of Income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access M the Premises as a result of such perils. (c) Worker's Compensation insurance. Lessee shall obtain and maintain worker's Compensation insurance In such amount as may be required by Applicable Requirements. Such policy shall include a'Waiver of Subrogation' endorsement. Lessee shall provide Lessorwith a copy of such endorsement along with the certificate of insurance, or copy of the policy required by Paragraph S.S. (d) No Representation of Adequate Coverage. Lessor makes no representation that the limits or forms of coverage of Insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this Lease- 8.5 Insurancee Policies. Insurance required herein shall be, by companies maintaining during the policy term a "General Policyholders Rating" of at least A-, VII, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies. Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such Insurance or certficates with copies of the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may Increase his liability insurance coverage and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand. Such policies shag be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less- If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same. 8.6 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and lessor each hereby, release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of of incident to the perils required to be insured' against herein. The effect of such releases and waivers is not limited by the amount of insurance carried or required. or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case may be, so long as the insurance is not invalidated thereby. 8.7 Indemnity. Except for Lessor's gross negligence or willful misconduct, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessor's master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, Page 6 of 16 INITIALS s Ie INITIALS ® 2017 AIR CRPIV1�rigQQC"ed. — 4�12021 eseS"rG-27. Revised 11-01-2017 attorneys' and Consultants' fees, expenses and/or liabilities arising out of involving, o, in connection with, a Breach of the lease by Lessee and/or the use and/or Occupancy of the Premises and/or Project by Lessee and/or by Lessee's employees, contractors or irwitues. If any action or proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee in such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. 8.8 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor Its agents shall be liable under any circumstances for: (if injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold Or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any Other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, fit) any damages arisingfrom any act or neglect of any other tenant of Lessor or from the failure Of LesSor or its agents to enforce the provisions of any other lease in the Project, or (Ili) injury to Lessee's business or for any loss of income or prolit therefrom. Instead, it is intended that lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance pollcy(ies) that Lessee is required to maintain pursuant to the provisions of paragraph S. 8.9 Failure to Provide Insurance. Lessee acknowledges that anyf-ailum on is part to obtain or maintain the insurance required herein will expose Lessorto risks and potentially cause Lessor to Incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month or portion thereof that Lessee does not maintain the required insurance and/or does rut provide Lessor with the required binders or certificates evidencing the existence of the required insurance, the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10%of the then existing Base Rent or $100, whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/co5ts that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such Increase in Base Rent shall in no event constitute, a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted hereunder, nor relieve Lessee Of its obligation to maintain the insurance specified in this Lease. 9. Damage or Destruction. 9.1 Definitions, (a) "Promises Partial Damage" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be. repaired in 6 months or less from the date of the damage or destruction. Lessor shall nobly Lessee in writing within 30 days from the date of the damage Or destruction as to whether Or not the damage is Partial or Total. (b) "Premises Total Destruction" shall mean damage or destruction to the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6 months or less from the date of the damage or destruction. Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or total. (c) "Insured loss" shall mean damage or destruction to improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits involved. (d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements, and without deduction for depreciation- (e) "Hazardous Substance Condition" shall mean the occurrence Or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance, in, on, or under the Premises which requires restoration. 92 Partial Damage- Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Instelaions) as soon as reasonably possible and this Lease shall continue in full force and effect; provided, however, that Lessee shall, at Lessor's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose. Notwithstanding the foregoing, if the required insurance was not in force or the insurance Proceeds are not sulficient to effect such repair, the Insuring Party shall promptly contribute the shortage In proceeds (except as to the deductible which is lessee's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available, Lessorshall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period, the party responsible for making the mpaim shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect. If such funds or assurance are not received, lessor may nevertheless elect by wri ten notice to lessee within 10 days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or (k) have this Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement of arty funds contributed by lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 93, notwithstanding that there may be some insurance cavemge, but the net proceeds Of any such insurance shall be made available for the repairs if made by ether Party. 9.3 Partial Damage- Uninsured loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or III) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective 60 days following the date of such notice. In the event Lessor elects to terminate this Lease, Lessee shall have the right within 10 days after receipt of the termination nonce to give written notice to lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds Or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available. If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice. 9.4 Total Destruction. Notwithstanding any other provision hereof, if Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee, except as provided in Paragraph 8.6. 9.5 Damage Near End of Term. If at anytime during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that rime has an exercisable Option to extend this lease or to purchase the Premises, then Lessee may preserve this Lease by, fay exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (1) the date which is 10 days after Lessee's receipt of Page 7 of 16 INITIALS r�+�}} II 31 PT 4/6/2021 INITIALS ® 2017 AIR CRE"AYYRH�Fyed. STG-27.20, Revised 11-01-2017 Lessors written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which Such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (Or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. H Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessees option shall be extinguished. 9.6 Abatement of Rent; Lessee's Remedies. (a) Abatement, In the event of Premises Partial Damage or Premises Total Destruction ora Hazardous Substance Condition forwhich Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediadon of restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is Impaired, but not to exceed the proceeds received from the Rental Value insurance. All other obligations of Lessee hereunder shall be. performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein. (b) Remedies. If Lessor is obligated to repair or restore the. Premises and does run commence, in a substantial and meaningful way, such repair of restoration within 90 days after such obligation shall accrue, Lessee may, at anytime prior to the commencement of such repair or restoration, give written notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this tease on a date not less than 60 days following the giving of such notice. If Lessee gives such notice and such repair or restoration is not commenced within 30 days thereafter, this Lease shall terminate as of the date specified in said notice. If the repair or restoration b commenced within such 30 days, this Lease shall continue in full force and effect. "Commence" shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever first occurs. 9.7 Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(g) or Paragraph 9, an equitable adjustment Shall be made concerning advance Base Rem and any other advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's Security Deposit as has not been, or is not then required to be, used by Lessor. 10. Real Property Taxes. 10.1 Definition. As used herein, the term "Real Property Taxes'shalt include any form of assessment; real estate, general, special, ordinary of extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement bond; and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Premises or the Project, Lessor's right to other income therefrom, and/or Lessors business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Building address- Real Property Taxes shall also include any tax, fee, levy, assessment or charge, or any increase therein: (if imposed by reason of events occurring during the term of this Lease, including but not limited to, a change in the ownership of the Premises, and Jill levied or assessed on machinery or equipment provided by lessor to Lessee pursuant to this Lease,. 10.2 Payment of Taxes. Lessor shall pay the Real Property Taxes applicable to the Premises provided, however, that Lessee Shall pay to Lessor the amount, if any, by which Real Property Taxes applicable to the Premises increase over the fiscal tax year during which the Commencement Date Occurs ("Tax Increase"). Payment of any such Tax Increase shall be made by Lessee to Lessor within 30 days after receipt of Lessor's written statement setting forth the amount due and computation thereof. If any such taxes shall cover any period of time prior to or after the expiration or termination of this Lease, Lessee's share of such taxes shall be prorated to cover only that portion of the tax bill applicable to the period that this Lease Is in effect. In the event lessee incurs a late charge on any Rent payment, Lessor may estimate the current Real Property Taxes, and require that the Tax Increase be paid in advance to Lessor by Lessee monthly in advance with the payment of the Base Rent. Such monthly payment shall be an amount equal to the amount of the estimated installment of the Tax Increase divided by the number of months remaining before the month in which said installment becomes delinquent. When the actual amount of the applicable Tax Increase is known, the amount of such equal monthly advance payments shall be. adjusted as required to provide the funds needed to pay the applicable Tax Increase. Ifthe amount collected by Lessor is insufficient to pay the Tax Increase when due, Lessee shall pay lessor, upon demand, Such additional sums as are necessary to pay such obligations. Advance payments maybe intermingled with other moneys of Lessor and shall not bear interest. In the event of a Breach by Lessee in the performance of its obligations under this Lease, then any such advance payments may be treated by Lessor as an additional Security Deposit. 10.3 Additional Improvements. Notwithstanding anything to the contrary in this Paragraph 10.2, Lessee shall pay to Lessor upon demand therefor the entirety, of any increase in Real Property Taxes assessed by reason of Alterations or Utility Installations placed upon the Premises by Lessee or at Lessee's request or by reason of any alterations of improvements to the Premises made by Lessor subsequent to the execution of this lease by the Parties. 10.4 Joint Assessment. If the Premises are not Separately assessed, Lessee's liability shall be an equitable proportion of the. Tax Increase for all of the land and improvements included within the tax parcel assessed, such proportion to be conclusively determined by lessor from the respective valuations assigned in the assessors work sheets or such other information as may be reasonably, available. 10.5 Personal Property Taxes. lessee shall pay, prior to delinquency, all taxes assessed against and levied upon Lessee Owned Alterations, Utility Installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee. When possible, Lessee shall cause as Lessee Owned Alterations and Utility installations, Trade Fixtures, furnishings, equipment and all otherpersonal property to be assessed and billed separately from the real property of lessor. If any of Lessee's Said property shall be assessed with Lessor's real property, Lessee shall pay LBSSo( the taxes attributable to Lessee's property within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property. 11. Utilities and Services- Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon. If any Such services are not separately metered or bitted to lessee, Lessee shall pay a reasonable proportion, to be determined by Lessor, of ali charges jointly metered or billed- There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, Interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions- 22. Assignment and Sublettkig, 12.1 Lessor's Consent Required. (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (colk.•etively, "auign or assignment') or sublet all or any part of Lessee's Interest in this Lease or in the Premises without Lessor's prior written consent- (b) Unless Lessee is a corporation and Its stock is publicly traded on a national stock exchange, a change in the control of Lessee shall constitute an assignment requiring consent. The transfer, on a cumulative basis, of 25%or more of the voting control of Lessee shall constitute a change in control for this purpose- (c) The Involvement of Lessee or its assets in any transaction, or series of transactions (by way of merger, sale, acquisition, financing, transfer, leveraged buy-out or otherwise), whether or not a formal assignment or hypothecation of this lease or lessee's assets occurs, which results or will result in a reduction of the Net Worth of Lessee by an amount greater than 25% of Such Net Worth as it was represented at the time of the execution of this Lease or at the rime of the most recent assignment to which Lessor has consented, or as it exists immediately prior to said transaction or transactions constituting such reduction, whichever was or is greater, shall be considered an assignment of this Lease to which Lessor may withhold its consent. "Net Worth of Lessee' shall mean the net worth of Lessee (excluding any guarantors) established under generally accepted accounting principles. Page 8 of 16 1 ITIALS rf' }1���� ((''nffI'tr11ff:: /�i INITIALS (5) 2017AIR CRF,.'IARQ RYM9rved. — 1 STG-7,7..20,,/ eoised 11-01-2017 (d) An assignment orsubletting without consent shall, at lessor's option, be a Default curable after notice per Paragraph 131(d), or a noncurable Breach without the necessity of any notice and grace period. If Lessor elects to treat such unapproved assignment or subletting as a noncurable Breach, Lessor may either: (i) terminate this Lease, or (ill upon 30 days written notice, increase the monthly Base Rent to 110%of the Base Rent then in effect. Further, in the event of such Breach and rental adjustmenL (1) the purchase once of any option to purchase the Premises held by lessee shall be subject to similar adjustment to 110%of the price previously in eBea, and (h) all fixed and non -fixed rental adjustments scheduled during the remainder of the Lease term shall be increased to 110% of the scheduled adjusted rent. (e) Lessee's remedy for any breach of Paragraph 12.1 by Lessor shall be limited to compensatory damages and/or injunctive relief. (f) Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested. (g) Notwithstanding the foregoing, allowing a de minimis portion of the Premises, ie. 20 square feet or less, to be used by a third party vendor in connection with the installation of a vending machine or payphone shall not constitute a subletting. 12.2 Terms and Conditions Applicable to Assignment and Subletting - (a) Regardless of Lessor's consent, no assignment or subletting Shag : (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release. Lessee of any obligations hereunder, or (III) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee- (b) Lessor may accept Rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay In the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for Lessee's Default or Breach. (c) Lessor's consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting. (d) In the event of any Default or Breach by Lessee, Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of Lessee's obligations under his Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor. (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, Including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for Lessor's considering and processing said request. Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36) (f) Any assignee of, or sublessee under, this Lease shall, by reason Of accepting such assignment, entering into such Sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of Said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which lessor has specifically consented to in writing. (g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer Is specifically consented to by Lessor in writing, (See Paragraph 392) 12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly Incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessees then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, nor by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor all Rem due and to become due under the sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether Such Breach exists, notwithstanding any claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its Option, require sublessee to ablum to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of Such sublease; provided, however, Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor. (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No Sublessee shall further assignor sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lesseeto the sublessee, who shall have the right to cure the Default of Lessee within the grace Period, if any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee. 13. Default; Breach; Remedle s- 13.1 Default; &each. A "Default" is defined as a failure by the Lessee to comply with or perform arty of the terms, covenants, conditions of Rules and Regulations under this Lease A"Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period (a) The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property Insurance described in Paragraph 8.3 isjeopardized as result thereof, or without providing reasonable assurances to minimize potential vandalism. (b) The (allure of Lessee to make any payment of Rent or any Security Deposit required W be. made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bord, or to fulfill any obligation under this Lease which endangers of threatens life or property, where such failure continues for a period of 3 business days following written notice to Lessee. THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES. (c) The failure of Lessee to allow Lessor and/or its agents access to the Premises orthe commission of waste, act or acts constituting public or private nuisance, and/or an illegal activity on the Premises by Lessee, where such actions continue fora Period of 3 business days following written notice to Lessee. In the event that Lessee commits waste, a nuisance or an illegal activity a second time then, the Lessor may elect to treat such conduct as a non curable Breach rather than a Default. (d) The failure by Lessee to provide (I) reasonable written evidence of compliance with Applicable Requirements, (ii) the service contracts, (hi) the rescission of an unauthorized 'assignment or Subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vl) evidence concerning any guemmy and/or Guarantor, (vii) any document requested under Paragraph 42, (via) material safetydata sheets (MSDS), or (Ix) any other documentation or Page 9 of 16 INITIALS ('n�uli[r s e _ /13/2021 INITIALS ® 2017AIR CREC�1�� RIWlrved. STG-2720, Revised 11-01-2017 information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failurecontinues for a period of 10 days following written notice to lessee. (e) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, of of the rules adopted under Paragraph 40 hereof, other than those described in subparagraphs 13A(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Default is such that more than 30 days are reasonably, required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion. (f) The Occurrence of any of the following events: lithe making Of any general arrangement or assignment for the benefit of creditors; (ii) becoming a "debtor" as defined in 11 U.S.C. 4 101 or any successor statute thereto (unless, in the. case of a petition flied against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee Or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; Or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessees interest In this Lease, where such Seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is Contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. lgj The discovery that any financial statement of Lessee or any Guarantor given to lessor was materially false. (h) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (n) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and lessee's failure, within 60 days following written notice of any such event, to provide written alternative assurance of security, which, when coupled with the then existing resources of Lessee, equals or exceeds the Combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. 13.2 Remedies. If Lessee fails to perform any Of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, Insurance policies, or governmental licenses, permits or approvals. Lessee sham pay to Lessor an amount equal to 115% of the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor. In the event of a Breach, Lessor may, with of without fufiber notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which rase this Lease shall terminate and Lessee shall immediately surrender possession to Lessor. In such event Lessor shall be. entitled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rem which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Lessee proves Could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (tv)any other amount necessary to compensate Lessor for ail the detriment proximately caused by the Le5see's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorneys' fees, and that portion of any leasing Commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease- The worth at the time of award of the amount referred to in provision (iii) of the Immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the note of award plus one percent. Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessor's right to recover any damages to which lessor is otherwise entitled. If termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable, therein, or Lessor may reserve the right to recover all at any part thereof in a separate suit. If a notice and grace period required under Paragraph 13.1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also Constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently and the failure of Lessee to cure the Default within the greater of the two such grace periods shall Constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute. (b) Continue the Lease and Lessee's right to possession and recover the Rem as 4 becomes due, in which event lessee may sublet or assign, subject only to reasonable limitations. Acts of maintenance, efforts to relel -and/or the appointment of a receiver to protect the Lessor's interests, shall not constitute a termination of the Lessee'5 tight to possession. (c) Pursue any other remedy now or hereafter available under the laws, or judicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/or the termination of Lessees right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof or by reason of Lessee's occupancy of the Premises. 13.3 inducement Recapture. Any agreement for free or abated rem or other charges, the cost of tenant Improvements for Lessee paid for or performed by Lessor, or for the giving or paying by Lessor to at for Lessee of any cash or other bonus, inducement or Consideration for Lessee's entering into this Lease, all ofwhlch concessions am hereinafter referred to as "Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, Covenants and Conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an Inducement Provision shall be immediately due and payable by Lessee to Lessor, notwithstanding any subsequent cum of Said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the Operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance. 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur Costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late. charges which may be imposed upon Lessor by any Lender. Accordingly, if any Rent shall not be received by Lessor within S days after such amount shag be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10%of each such overdue amount or $100, whichever is greater. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the Costs Lessor will incur by reason of such late payment. Acceptance of such late charge by t.essor shall in no event constitute a waiver of Lessees Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder- In the, event that a late charge is payable hereunder, whether or not Collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance. 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due shall bear interest from the 31st day after it was due. The interest ("Interest") charged shall be computed at the rate of 10%perannum but shall not exceed the maximum rate allowed by law. Interest Is payable in addition to the potential late charge provided for in Paragraph 13.4. 13.6 Breach by lessor. (a) Notice of &each. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to Page 10 of 16 NITIALS r�+ t�� f'fCii����rrltff;:''II / 7 INITIALS ®2017 AIR CRE'IA(I R7gW KeUrved. — STG-7.74.2�/�e� d11-01-2017 be Performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished to Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in breach if performance Is commenced within such 30 day period and thereafter diligently pursued to completion. (b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender wres said breach within 30 days after receipt of said notice, or if having commenced said cure they do not diligently pursue it io completion, then Lessee may elect to cum said breach at Lessee's expense arid offset from Rent the actual and reasonable cost to perform such cure, provided however, that such offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset. lessee shall document the cost of said cure and supply said documentation to Lessor. 14. Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"), this Lease shall terminate as tothe part taken as of the date the condemning authority takes rifle or possession, whichever first occurs. R more than 10% of the Building, of more than 25% of that portion of the Premises not occupied by any building, is Laken by Condemnation, Lessee may, at Lessee's option, to be exercised in wrifingwithin 10days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within 10 days after the condemning authority shall have Laken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in Proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the Property of Lessor, whether such award shall be made as compensation for diminution In value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/of Trade Pbctures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph. All Alterations and Utility Installations made to the Premises by lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor- In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. 15. Brokerage Fees. 15.1 Additional Commission. In addition to the payments owed pursuant to Paragraph 1.9 above, Lessor agrees that-, la) if Lessee exercises any Option, (b) if Lessee or anyone affiliated with Lessee acquires any rights to the Premises or other premises owned by Lessor and located within the same Project If any, within which the Premises is located, (c) if Lessee remains in possession of the Premises, with the consent of Lessor, after the expiration of this Lease, or (d) if Base Rent is increased, whether by agreement croperation of an escalation clause herein, then, Lessor shall pay Brokers a fee in accordance with the fee schedule of the Brokers in effect at the time the Lease was executed. 15-2 Assumption of Obligations. Any buyer or transferee of Lessor's Interest in this Lease shall be deemed to have assumed Lessors obligation hereunder. Brokers shall be third party beneficiaries of the provisions of Paragraphs 1.9, 15, 22 and 31. B Lessor fails to pay to Brokers any amounts due as and for brokerage fees pertaining to this Lease when due, then such amounts shall accrue Interest. In addition, if Lessor fails to pay any amounts to Lessee's Broker when due, Lessee's Broker may send written notice to Lessor and Lessee of such failure and if Lessor fails to pay such amounts within 10 days after said notice, Lessee shall pay said monies to its Broker and offset such amounts against Rent. In addition, Lessee's Broker shall be deemed to be a third party beneficiary of any commission agreement entered into by and/or between Lessor and Lessor's Broker for the limited purpose of collecting any brokerage fee owed. SS.3 Representations and Indemnities of Broker Relationships. Lessee and Lessor each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder lother than the Brokers, itany) in wnnection with this Lease, and that no one other than said named Brokers is entitled to any commission or finder's fee in connection herewith. Lessee and Lessor do each hereby agree to indemnify, protect, defend and hold the other harmless from and against liability for compensation or charges which may be claimed by any such unnamed broker, finder or other similar parry by reason of any dealings or actions of the indemnifying Party, including any costs, expenses, attorneys fees reasonably incurred with respect thereto. 16. Estoppel Certificates. Jai Each Party (as "Responding Parry") shall within 10 days after written notice from the other Party (the "Requesting Party") execute, acknowledge and deliver to the Requesting Party statement in writing in form similar to the then most current "Estoppel Certffimte" form published By AIR CRE, plus such additional Information, confirmation and/or statements as may be reasonably requested by the Requesting Party. (b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 10 day period, the Requesting Party may execute an Estoppel Certificate stating that: (i) the Lease is in full force and effect without modification except as may be represented by the Requesting Party, (it) there are no uncured defaults in the Requesting Parry's performance, and (iii) if Lessor is the Requesting Party, not more than one month's rent has been paid in advance. Prospective purchasers and encumbrancers may rely upon the Requesting Party's Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate. in addition, Lessee acknowledges that any failure on its part to provide such an Estoppel Certificate will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, should the Lessee fail to execute and/or deliver a requested Estoppel Certificate in a timely fashion the monthly Rase Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10% of the then existing Base Rent or $100, whichever Is greater for remainder of the Lease. The Parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to provide the Estoppel Certificate. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to provide the Estoppel Certificate nor prevent the exercise of any of the other rights and remedies granted hereunder- (c) If Lessor desires to finance, refinance, or sell the Premises, of any part thereof, Lessee and all Guarantors shall within 10 days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for the past 3 years. All such financial statements shall be received by Lessor and such lender or purchaser In confidence and shall be used only for the purposes herein set forth. 17. Definition of Lesson The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this is a sublease, of the Lessee's Interest in the prior lease. In the event of a transfer of Lessor's title of interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee tin cash or by credit) any unused Security Deposit held by lessor. Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the lessor. Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. 18. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in noway affect the validity of any other provision hereof. Page 11 of 16 ITIALS ri}}�`�,� rr���I�Irlcil LaSt re — 4/6/2021 INITIALS ® 2017 AIR CRE' A� K'6 Reserved. STG-27.20, Revised 11-01-2017 19_ Days. Unless otherwise specifically Indicated to the contrary, the word "days" as used in this tease shall mean and refer to calendar days. 20. Limitation an Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor, or its partners, members, directors, officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of lessor with respect to this Lease, and shall not seek recourse. against Lessor's partners, members, directors, officers or shareholders, or any of their personal assets for such satisfaction. 22. Trrne of Essence. Time is of the essence with respect to the performance of all obfigabons to be performed or observed by the Parties under this Lease. 22. No Prior or Other Agreements; Broker Disclaimer. This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective- Lessor and Lessee each represents and warrants to the Brokers that it has made, and is relying solely upon, its own Investigation as to the nature, quality character and financial responsibility of the other Party to this Lease and as to the use, nature, quality and character of the Premises. Broken have no responsibility with respect thereto or with respect to any default or breach hereof by either Piny. 23. Notices. 23A Notice Requirements. All notices required of permitted by this Lease Or applicable law shall be in wnBngand maybe delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mall, with postage prepaid, or by facsimile transmission, or by email, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices- Either Party may by written notice 10 the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing. 23-2 Daft of Notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices delivered by hand, or transmitted by facsimile transmission or by email shall be deemed delivered upon actual receipt. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 24. Walden. (a) No waiver by Lessor of the Default or Breach of any term, covenant of condition hereof by Lessee, shall be deemed a waiver of any other term, cuvenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term, covenant or condition hereof Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to, or approval of, any subsequent of similar act by Lessee, or be construed as the basis of an estoppel to enforce the provision or provisions of this tease requiring such consent. (b) The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of monies or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment. fc) THE PARTIES AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH THIS LEASE. 2S. Disclosures Regarding The Nature of a Real Estate Agenry Relationship. (a) When entering into a discussion with a real estate agent regarding areal estate transaction, a Lessor or Lessee should from the outset understand what type of agency relationship or representation it has with the agent or agents In the transaction. Lessor and Lessee acknowledge being advised by the Brokers in this transaction, as follows: (i) Lessor's Aaem. ALessor's agent under a listing agreement with the Lessor acts as the agent for the Lessor only. A Lessor's agent or subagent has the following affirmative obligations: TQChe Lesaoc A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessor. To the Lessee and the Lesso (a) Diligent exercise of reasonable skills and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, of within the diligent attention and observation of, the Parties. An agent Is not obligated to reveal to either Pally any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (ii) Lessee's Agent. An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessor's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in pan from the Lessor An agent acting only for a Lessee has the following affirmative obligations- To the Lessee: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessee. To the Lessee and the Lessor: (a) Diligent exercise of reasonable skills and care in performance of the agent's duties- (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (iii) Agent ReMesenting Both Lessor and Lessee. Areal estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Lessor and the Lessee in a transaction, but only with the knowledge and consent of both the Lessor and the Lessee. In a dual agency situation, the agent has the following affirmative obligations to both the Lessor and the Lessee: (a) A fiduciary duty of utmost rare, integrity, honesty and loyalty In the dealings with either Lessor or the Lessee. (b) Other duties to the Lessor and the Lessee as sated above in subparagraphs (i) or (ii). In representing both Lessor and Lessee, the agent may not without the express permission of the respective Party, disclose to the other Party that the Lessor will accept rent in an amount less than that indicated in the listing or that the Lessee is willing to pay a higher tent than that offered. the above duties of the agent in a real estate transaction do not relieve a Lessor of Lessee from the responsibility to protect their own interests. Lessor and Lessee should carefully read all agreements to assure that they adequately express their understanding of the transaction. Areal estate agent isa person qualified to advise about real estate- If legal or tax advice isdesired, consult a competent professional. (b) Brokers have no responsibility with respect to any default of breach hereof by either Party. The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this Lease maybe brought against Broker more than one year after the Stan Date and that the liability (including wort costs and attorneys' fees), of any Broker with respect to any such lawsuit and/or legal proceeding shall not exceed the fee received by such Broker pursuant to this Lease; provided, however, that the foregoing limitation on each Broker's liability shall not be applicable to any gross negligence or willful misconduct of such Broker. (c) Lessor and Lessee agree to Identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential. Page 12 of 16 _ INITIALS LL'���ttvv TT''ff11����ff11 _ 52 INITIALS 0 2017AIR CRE"XRRi 9W1` owed. s ' P14 4/6/2021 R STG-27.20, Revised 11-01-2017 26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to 150% of the Base Rent applicable immediately preceding the expiration or termination. Holdover Base Rent shall be calculated on monthly basis. Nothing contained herein shall be construed as consent by Lessarto any holding over by Lessee-. 27. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law Or in equity. 28. Covenants and Conditions; Construction of Agreement All provisions of this lease to be observed or performed by Lessee are both covenants and conditions. In construlnp, this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a pan of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This lease shall not be construed as If prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 29. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are looted- Any litigation between the Parties hereto conceming this Lease shall be initiated in the county in which the Premises are located. 30- Subordination; Attomment;Nonfatsturbance. 30.1 Subordination. This Lease and any Option granted hereby shall be Subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively "Securirif Device"), now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Lessor under his Lease. Any Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof- 30-2 Monument- In the event that Lessor transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Device to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance provisions of Paragraph 303, attorn to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (Ii) lessor shall thereafter be relieved of any further obligations hereunder and such new owner shall assume all of Lessor's obligations, except that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. 30.3 Non -Disturbance. With respect to Security Devices entered Into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be subject to receiving a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attains to the record owner of the Premises. Further, within 60 days after the execution of this Lease, Lessor shall, A requested by Lessee, use its commercially reasonable efforts to obtain a Non -Disturbance Agreement from the holder of any pre-existing Security Device which is secured by the Premises- In the evert that Lessor is unable to provide the Non -Disturbance Agreement within said 60 days, then Lessee may, at Lessees option, directly contact Lender and attempt to negotiate for the execution and delivery of a Non -Disturbance Agreement, 30.4 Self -Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non -Disturbance Agreement provided for herein. 31. Atlborneys' Fees. If any Party or Broker brings an action or proceeding Involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, "Prevailing Party" shall include, without Imitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred. In addition, Lessor shall be entitled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of Defauh and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation). 32. Lessor's Access; Showing Premises; Repairs. lessor and Lessor's agents shall have the right o enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, of tenants, and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem neoassary or desirable and the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect on Lessee's use of the Premises. All such activities shall be without abatement of rent or liability to lessee. 33. Auctions- Lessee shall not conduct nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent. Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to permit an auction. 34. Signs. Lessor may place on the Premises ordinary "For Sale' signs at any time and ordinary "For Lease" signs during the last 6 months of the term hereof. Except for ordinary "for sublease" signs, lessee shall not place any sign upon the. Premises without Lessors prior written consent. All signs must comply with all Applicable Requirements. 35. Termination; Mercer. Unless specifically stated otherwise in writing by Lessor; the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate In the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor's failure within 10 days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest- 36. Consents. All requests for consent shall be in writing. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Pang such consent shalt not be unreasonably withheld or delayed- Lessors actual reasonable costs and expenses (including but not limitedto architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including Page 13 of 16 INITIALS / INITIALS m 2017AIR CRLC1;Y t�gRYkarved. STG-27..2P, Revvi ed 11-01-2017 but not limited to consents to an assignment, a subletting or the presence or use of a Haiardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee Of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be,, otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessor's consent shall not preclude the imposition by lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given. In the event that either Parry disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within 10 business days following such request. 37. Guarantor. 37.1 Execution. The Guarantors, if arty, shall each execute a guaranty in the form most recently published BYAIR CRE. 37.2 Default. It shall constitute a Default ofthe Lessee if any Guarantor fails or refuses, upon request to provide: (a) evidence of the execution of the guaranty, including the authority of the party signing on Guarantor's behalf to obligate Guarantor, and in the case of a corporate Guarantor, a certified copy of a resolution of its board of directors authorizing the making of such guaranty, (b) current financial statements, {c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect. 38. Quiet Ibssesslon. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof. 39. Options. If Lessee is granted any Option, as defined below, then the following provisions shall apply. 39.1 Definition. "Option" shall mean: (a)the right to extend or reduce the termof or renewthls Leaseor to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal of first offer to lease either the Premises Or other property of Lessor, (c) the right to purchase, the right of first offer to purchase or the right of first refusal to purchase the Premises or other property of Lessor. 39.2 Option; Personal To Original Lessee. Any Option granted to to.sse.e in this Lease is Personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee Is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 39.3 Multiple options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Dpaon cannot be exercised unless the prior Options have been validly exercised. 39.4 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, ill) during the period of time any Rent is unpaid (without regard to whether notice thereof 6 given Lessee), (in) during the time Lessee is in Breach of this Lease, Or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period Immediately preceding the exercise of the Option. (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39-4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (if Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ill If Lessee commits a Breach of this Lease. 40- Multiple Buildings. If the Premises are apart of a group of buildings controlled by Lessof, Lessee agrees that it will abide by and conform to all reasonable rules and regulations which lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform. Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations. 41. Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parhes. 42. Reservations. Lessor reserves to itself the right, from time to time, to grant, without the consent or joinder of Lessee, such easements, rights and dedications that Lessor deems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee. Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such easement rights, dedication, map or restrictions. 43. Per fo imance Under ProtesL if at any time a dispute shall arise as to any amount of sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money Is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right On the part of said Parry to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation an the part of said Parry to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" within 6 months shall be deemed to have waived its right to protest such payment. 44. Authority; Multiple Parties; Execution. (a) if either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30 days after request, deliver to the other Party satisfactory evidence of such authority. (b) If this Lease is executed by more than one person or entity as "Lessee", each such person or entity shall be jointly and severally liable hereunder. It Is agreed that any one of the named Lessees shall be, empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all of the named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This lease maybe executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 45. Conflict Any conflict between the printed provisions of this Lease and the typewritten of handwritten provisions shall be controlled by the typewritten or handwritten provisions. Page 14 of 16 ATIAL!55 r�} t�I�ft Law I INITIALS fit 2017 AIR CRE'' Qq Read d. — P. STG-2 - 0 /Revviiised 11-01-2017 46. Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be. binding until executed and delivered by all Parties hereto. 47. Amendments. This Lease maybe modified only in writing, signed by the Parties in interest at the time of the modification. As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining Of normal financing or refinancing of the Premises. 48. 49. Arbitration of Disputes- An Addendum requiring the Arbitration of all disputes between the Parties and/or Broken arising out of this Lease ❑ is Q is not attached to this Lease. 50. Accessibility; Amerlcarta with DisabllHies AcL (a) The Premises: have not undergone an inspection by a Certified Access Specialist (CASp). Note: A Certified Access Specialist (CASp) can inspect the subject premises and Determine whether the subject premises comply with all of the applicable construction related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction related accessibility standards within the premises. ❑ have undergone an inspection by a Certified Access Specialist (CASp) and it was determined that the Premises met all applicable construction -related accessibility standards pursuant to California Civil Code 655.51 et seq. Lessee acknowledges that it received a copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report confidential. f...I have undergone an inspection by a Certified Access Specialist (CASp) and it was determined that the Premises did not meet all applicable eonstructlon-related accessibility standards pursuant to California Civil Code 455-51 et seq- Lessee acknowledges that it received a copy of the inspection report at least 48 hours prior to executing this Lease and agrees to keep such report confidential except as necessary to complete repairs and corrections of violations of construction related accessibility standards - In the event that the Premises have been issued an Inspection report by a CASp the Lessor shall provide a copy of the disability access inspection certificate to Lessee Lessee's use of the Premises requires modifications or additions to the Premixes in order to be in compliance with ADA or other accessibility statutes, Lessee agrees to make any such necessary modifications and/or additions at Lessee's expense. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE D EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY AIR CRE OR BY ANY BROKER AS TO THE LEGAL SUFFKIENCX LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO. 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE- 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES, SAID INVESMATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYStEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES ARE LOCATED IN A STATE OTHER THAN CALIFORNIA. CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES ARE LOCATED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at! _ By LESSOR: Rick D Ka ff -20 _ Na Name Printed: Title: Phone: Fax: Email: By: Executed at: On: — By LESSEE: City of Santa Ana By: See Attached Name Printed: Title: Phone: Fax: u Email - By: Name Printed: Name Printed: Page 15 of 16 INITIALS Fr' t�� F'fp1I Ir1 I dd '77((1��� INITIALS io 2017 AIR CRE:Ipill Qgh>NeServed STG-24!.!! titAied 11-01.2017 TRIe: Phone: Fax: _ Email: Address: _ Federal ID No.: BROKER Attn: Title: Address: _ Phone: _ Fax: _ Email- _ Federal ID No.: _ Broker/Agent BRE License R: Title: Phone I": Email: Address: _ Federal 10 No ?:i7:t l Attn: _ TRie: Address- _ Phone: _ Fax: Email: _ Federal ID No.: Broker/Agent BRE License p: AIR CRE. SW North Brand Whirl, Suke "D8 Glendale, CA 91203, Tel 213-697-9777, Email opntracts0alrcm.com NOTICE: No part of these works may be reproduced in any form Without permisiron in writing. Page 16 of 1 (' t�� (�'If�� F� INITIALS 9) 2017 AIR CRE" I/M R gPts Reserved. r STG-27..20 /Revvised 11-01-2017 IN WITNESS XVHF,RFOF, the panics hereto have executed this Agrcanent the date and year tirat above Written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO NORM: SONIA R. CARVALHO City Attorney Ry hAMARA {3WA SiAN Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Managcr RF'COMMF..NIIF.D FOR APPROVAL: DAVTD VALENTIN Chief of Police City Council 20 — 19 4/6/2021 AI RGRS ADDENDUM TO LEASE Date: March 1S, 2021 By and Between Lessor: Rick D Kaeasoff Lessee: City of Santa Ana Property Address: (street address, cirv, state, zip) Paragraph: 48, 51-5.5 I In the event of any conflict between the provisions of this Addendum and the printed provisions of the Lease, this Addendum shall control. 48. The parties hereby do NOT waive their respective rights to trial by jury in any action or proceedings involving the property or arising out of this Agreement. 4 51. Monthly Rent Schedule: Months 01-12: $5,300 per month (commencing 5/1/21) Months 13-24: $5,400 per month Months 25-36: $5,500 per month 1 52.Option for One Year: Lessor hereby grants, provided Lessee is not then in default under the Lease, an option to extend this Lease for an additional one year from the original expiration date of April 30, 2o24 for a period of one year under the same terms, covenants and conditions contained in the original Lease and Amendments thereto provided the following rent is paid to Lessor. May 1, 2024 - April 30, 2025: $5,600 per month 53. The following items belong to Lessor and have been left at premises to be used by Lessee (as needed). The following items are to be returned to Lessor upon Lessee's exit: 1.Pallet Racking Inside Warehouse 154. Lessee to hire outside janitorial company to clean the warehouse monthly, at Lessee expense. 55. Lessor will continue to pay for trash dumpster outside of warehouse, which Lessee will have access to. AIR CAE • https://www.aimm.wm ' 213-687-8777 ' Contract,@aIrcre.cCm NOnCE: No part of these works may be reproduced in arty form without permission in writing- ............_— MAI.S SINITIALS © 2017AIR CR ! . IIell. ZO — ZO ,� /?0214:52. PM ADD-1.03, Revi Page 1 of 1 Community Development Agency https://www.santa-ana.org/cd Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: First Amendment to Conditional Grant Agreement with Habitat for Humanity AGENDA TITLE: Approve a First Amendment to the Conditional Grant Agreement with Habitat for Humanity of Orange County for the Development of the Lacy Street Project (Non -General Fund). RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to the Conditional Grant Agreement with Habitat for Humanity of Orange County for an additional $333,777 in Inclusionary Housing Funds for a total Inclusionary Grant amount of $565,271 for the development of the Lacy Street affordable housing project located at 826 N Lacy Street (APN 398-041-22) and 416 Vance Street (APN 398-041-18), subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 17, 2020, the City Council authorized the City Manager to execute a Conditional Grant Agreement with Habitat for Humanity of Orange County for $231,494 in Inclusionary Housing Funds for the development of the Lacy Street affordable housing project located at 826 N Lacy Street (APN 398-041-22) and 416 Vance Street (APN 398- 041-18), referred to hereafter as the "Lacy Street Project". The Lacy Street Project is composed of two single-family lots located at the southwest corner of Lacy and Vance Streets in the "Historic French Park' community. The land is owned by the Housing Authority and will be leased to Habitat for Humanity under a 99-year Ground Lease. The Project will consist of two (2) single-family detached homes affordable to qualifying moderate income families (up to 120% Area Median Income). The design and construction of the two homes will reflect the architectural elements and finishes that are present in the French Park community. The staff report from the November 17, 2020 is attachcd as Exhibit 1. Since the beginning of the conceptual design and development of the Lacy Street Project, Habitat for Humanity has been required to coordinate with the Historic French Park Association Architectural Review Committee (the "Committee"). The Committee provided City Council 21 — 1 4/6/2021 First Amendment to Conditional Grant Agreement with Habitat for Humanity. April 6, 2021 Page 2 a letter of support to Habitat for Humanity for the development of the Lacy Street Project when Habitat submitted their proposal to the City for an award of funds and a ground lease under a 2018 Request for Proposals (RFP # 18-056) process. The letter of support was a requirement in the Request for Proposals for the development of this Housing Authority -owned parcel located in the French Park neighborhood. Regarding Habitat for Humanity's coordination with the Committee, in August 2018 Habitat for Humanity proposed the construction of two (2) 1,200 square foot, single-family homes on the site. The homes were to be identical and based upon the same product that had been previously built on Bush Street in the City of Santa Ana. It was Habitat for Humanity's plan to use an existing product/architectural plan to avoid the expense of additional product design costs. This original proposal did not meet the French Park community's Architectural Guidelines. Therefore, in December of 2018 Habitat for Humanity proposed the construction of a single -story "Craftsman -Style" home and a two- story "Victorian -Style" home as an alternative. To meet the needs of the Architectural Guidelines, these homes were to be approximately 1,550 and 1,650 square feet, respectively. Over the following 12 months, Habitat for Humanity engaged the services of an architectural firm and designed two distinct floor plans in coordination with the Committee. Over the course of this time there were many discussions and meetings, and many revisions to the original plans. In order to comply with the French Park community's Architectural Guidelines, Habitat for Humanity needs an additional $333,777 for the development of the Lacy Street Project. These funds will offset a portion of the additional construction costs associated with this project to satisfy the French Park community's requirements. Specifically, the Architectural Guidelines requires wood siding and wood windows, along with additional architectural fees incurred by Habitat for Humanity to construct these custom-built affordable homes. Therefore, staff is recommending approval of this First Amendment to the Conditional Grant Agreement with Habitat for Humanity for an additional $333,777 in Inclusionary Housing Funds (Exhibit 2). This will increase the total Inclusionary Grant amount to $565,271 for the development of the Lacy Street Project. FISCAL IMPACT Funds for the First Amendment to the Conditional Grant Agreement in the amount of $300,399 (90% of the amendment total) are available in the Inclusionary Housing Fund, Loans and Grants account (No. 41718820-69152) for expenditure in the current fiscal year. The remaining $33,378 (10%) will be budgeted and included in the FY 2022-23 budget based on the current schedule of performance. EXHIBIT(S) 1. Staff Report from November 17, 2020 2. First Amendment to Conditional Grant Agreement City Council 21 — 2 4/6/2021 First Amendment to Conditional Grant Agreement with Habitat for Humanity. April 6, 2021 Page 3 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 21 — 3 4/6/2021 Exhibit 1: Staff Report from November 17, 2020 l.p! lialia.r.., ra sair; ?..:: a,r�,�'„csitn/�nra. UJlirrolc% .�a�ercL;Q;�? %..... 3.�.IF.'.<:I.tA....I:...:iL.P.A City Council 21 — 4 4/6/2021 EXHIBIT 2 FIRST AMENDMENT TO CONDTTTONAL GRANT AGRFF,MF,NT by and between the CITY OF SANI A ANA and IIABITAT FOR IIUMANITY OF OI?AN(JE COUNTY, a nonprofit organization 416 Vancc Street (AYN 398-041-18) and 826 N. Lacy Strcct (AFN 398-041-22) Dated: Apri16, 2021 City Council 21 — 5 4/6/2021 EXHIBIT 2 FIRST AMENDMENT TO CONDITIONAL GRANT AGREEMENT INCLITSIONARV HOUSING PROGRAM '11115 I+'IRS'I' AY1b;NUMB;N'I"I'O CONDITIONAL GRANTAGRICEIYIENT ("First Aunendmenl") dated, for identification purposes only, as of April 6, 2021, is madc and entered into by and between the City of Santa Ana, a charter city and municipal corporation ("City"), and habitat for humanity of Orange County, a nonprofit organization ("Developer") with reference to the following: RECITALS: A. I'hc City and Developer executed a Conditional Grant Agreement Tnclusionary Housing Program Baled November 17, 2020, in the amount of S231,494 ("Grant Agreement"), for the Proposed development of two (2) sin -lc -family detached home restricted for ;ale to moderate income tamihes earning no more than 120'%o of the Orange County Area Median Income ("Project") to be located at 416 Vance Street (AI'N 398- 041-18) and 826 N. Lacy Street (APN 398-041-220) (collectively, the "Property'). R. Developer requested an additional $333,777 from the City in order to oll'wl a portion of the additional construction costs associated with the Project Line to the architectural requirements of French Park where the Property is located - The City, on the same terms and conditions found in the Grant Agreement, desires un increase such Conditional Tnclusionary Grant to Developer in order to make. possible the development and construction of the Project, thereby expanding the ,apply of deceit, sate, sanitary and at ordnblc housing within the City. 1). .I'his First Amendment is enlered into 1161- the purpose of increasing the lolal amount of the Conditional Tnclusionary Grant fium the City un the Developer lirr completion of the Project, pursuant to the Tnclusionary Housing Fond regulations and guidelines. NOW THERF.FORF, in consideration of the nunual and respectivepronrises, and subject to the tct7rs and conditions ol'said Grant Agreement, except as herein modified, the panics agree as follows: Section 1 .1, Defined l erms, shall be amended to increase the total amount in the definilion of "Tnclusionary Grant" or "hnclusionary City Grant" by $333,777 for a total Tnclusionary Grant amount up to $565,271- 2. Section 3.1, lnclusionary Funds, shall be amended to increase the total amount of the Tnclusionary Grant by $333,777 for a total Tnclusionary C rant anuxmt up to $5(i5,271- City Council 21 — 6 416/2021 EXHIBIT 2 3. Section 4-1, Conditions Precedent, subsection (d), Recordation of All'ordability Restrictions, shall be amended to increase the total amount ol' the Inclusionary Grant by b333,777 lur it total Inclusiunary Grant amount up to $565,271. 4. Exhibit R, Scope of Work/Schedule ofPertbrmance, shall be replaced with the updated Scope of Work/SchcdulC ol' Perlbrntance auacbcd hereto as Exhibit B-1 and incorporated herein by reference. 55 Except as hereinabove modified, all terms and conditions of said Grant Agreement shall remain in full force and effect - {Signatures on /W/mOl g page, City Council - 21 — 7 4/6/2021 EXHIBIT 2 IN WITNESS WITEREOP, the parties hereto have caused this First amendment to be executed on the clue Iirst set lorth above_ AT 1 FSI': Daisy (;ornez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City A(tornev l � By: Ryah O. Hodge Assistant'�,ity %ttomey RI:COMMI NF)lil) FOR APPROVAL Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager {Si?WMV•eS contirute can ollwvink ptrgef City Council 21 — 8 416/2021 EXHIBIT 2 FIRS FAMENDMENTTO CONDITIONAL GRANTAGREEMENT by and between the CITY Of SANTA ANA and HABITAT FOR HUMANITY OFORANG1.7 COUN'l Y, a nonprofit organization 416 Vance Street (APN 398-041-22) and 826 N. Lacy Street (APN 398-041-22) Dated: Apnl 6,2021 ,j Ij /Z f City Council 21-9 4/6/2021 EXHIBIT 2 DEVELOPER: I lxbitxt Cor I lumapity of Orangc County By: Sharon Filk Tts ExCcutivc Dircctor City Council 21 — 10 4/6/2021 EXHIBIT 2 EXHIBIT6-1 SCOPE OF WORK/SCHEDULE OF PERFORMANCE City Council 21 — 11 4/6/2021 EXHIBIT 2 1=1110 M Updated 3.19.21 Scope of Work/Schedule of Performance Scope of Work The scope of work shall include the preparation of plans, processing for permits, site work, house construction landscaping/fencing, and family selection. Schedule of Performance Months Site Acquisition/Due Diligence Complete Engineer plans Complete Development Review Application Submit 4/1 Construction Drawings 1 City Processing/Permits 4 Grading/Site Improvements 1 House Construction 10 Home Sales 2 Total Schedule 18 City Council 21 — 12 4/6/2021 Community Development Agency https://www.santa-ana.org/cd Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Agreement with Illumination Foundation to Operate a Temporary Homeless Shelter AGENDA TITLE: Approve an agreement with Illumination Foundation to Operate a Temporary Homeless Shelter, from April 20. 2021 through September 30, 2021, due to the Closure of the Link Shelter and Construction of the Carnegie Navigation Center RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Illumination Foundation to operate a temporary shelter to provide needed serves to guests at the Link shelter during the construction of the Carnegie Navigation Center for $230,000 per month in an amount not to exceed $1,500,000, from April 20, 2021 through September 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute any and all agreements required by State or Federal agencies for the use of ESG-CV, ESG-CV2 and any/all other homeless - related funds available. DISCUSSION The Link was built as an interim homeless shelter in 2018 to assist individuals from Santa Ana experiencing homelessness with needed social services and to transition them into permanent housing. From commencement of the shelter through today, over 980 referrals have been made to the shelter and over 200 individuals have found successful housing placements. The City has been working diligently to transition fromthe interim shelter to the permanent Carnegie Navigation Center, which is scheduled to open this summer. Because the interim Link shelter will close prior to the Carnegie site opening, a temporary shelter is necessary to provide continued case management and shelter ("needed services") for guests at the Link shelter. Illumination Foundation has successfully provided the operation and management of the Link shelter since October 15, 2020. During this same time, a spike in COVID-19 cases across Orange County's homeless shelters occurred and Illumination Foundation's Fullerton Recuperative Care Center was used as a site for homeless residents who had contracted COVID-19. As that program shuts down, the beds have been made City Council 22 — 1 4/6/2021 Agreement with Illumination Foundation to Operate Temporary Shelter April 6, 2021 Page 2 temporarily available for Link guests and for the continuation of outreach and referral services. While other options in Santa Ana were considered as a temporary shelter, there were no options that included case management services and shelter for men, women, couples and pets under one roof. Utilizing the Fullerton site operated by Illumination Foundation for temporary shelter will provide the needed continuity of care for shelter guests. Link guests will be transported to the Fullerton site where they will continue working on their housing plan without an interruption of service. The City will compensate Illumination Foundation with a flat fee of $230,000 per month for up to 75 guests. If the daily census exceeds this number for any days during the month, a true -up calculation will be made at a per diem rate of $55 per individual in excess of 75. To provide flexibility, the proposed agreement (Exhibit 1) with Illumination Foundation secures 100 beds for the Link guests. The Fullerton site has a capacity of 150 beds; the City of Fullerton will use the other 50 beds for needed services for their community. It is important to note that although the term of the proposed agreement begins on April 20, 2021, the provision of needed services from April 20 through April 30 are covered under the City's existing agreement with Illumination Foundation. During this transitionary period, the City will work with Illumination Foundation to transport the Link guests to the Fullerton site, to prepare for the provision of needed services to begin May 1, 2021. Furthermore, by temporarily relocating Link guests to another Illumination Foundation site, and therefore allowing the same service provider to continue providing needed services, there will be no adverse impacts to service delivery. Finally, once the Carnegie site opens, all of the remaining guests at the Fullerton site will be returned to Santa Ana. FISCAL IMPACT Funds are available in the current FY 2020-21 budget and funds will be carried forward into FY 2021-2022 budget: Fiscal Year Accouning Unit- Fund Accounting Unit, Amount Account Description Account Description FY 20-21 13518789-69135 Emergency ESG-CV, Payment $500,000 Solutions to Subagent Grant -CV FY 21-22 13518789-60135 Emergency ESG-CV, Payment $1,000,000 Solutions to Subagent Grant -CV City Council 22 — 2 4/6/2021 Agreement with Illumination Foundation to Operate Temporary Shelter April 6, 2021 Page 3 1. Agreement between the City of Santa Ana and Illumination Foundation Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 22 — 3 4/6/2021 OPERATING AGREEMENT WITH THE ILLUMINATION FOUNDATION FOR USF OF THF, FULLERTON RECUPF.RATIVFCART. CVVI ER On the 6"i day of'April, 2021, THTS AGRFF.MF.NT was presented to the City Cnwicil ol'the City of Santa Ana, a charter- city and municipal corporation organized and existing undo- the Constitution and laws of the Static of California ("City"), detailing the terms and conditions provided below for The Illumination Foundation (`Contractor"), to operate and provide beds on behalf of the City at Contractor's Fullerton Recuperative Care Center. RECITALS A. Contractor currently operates The Link Itnrcrgency Shelter in the City of Santa Ana ("Thc Link") on behalf of the City, but The Link will be closing on or before April 30, 2021. B. The City is in the process of constructing a Ycar-Rotund Homcicss Navigation Ccntcr at 1515 Carnegie Avenuc in Santa Ana ("Carnegie Navigation Center"). C. Accordingly, the City desires to retain a contractor to administer and operate a temporary emergency shelter on behall'ol'the City during the tittle between The Link closure and wfiile the Carnegie Navigation Ccntcr is corutruucd. I). Contractor operates the Fullerton Recuperative Care Center ("Fullerlon Shelter"), which will be used to temporarily house the current clients at The Link, as well as new clients referred by the. City and Strect Otutrcach teams, until the Carnegie Navigation Ccntcr in completed and ready to open operations. F. Contractor will serve as the operator of the Fullerton Shelter and remain onsite until all City wesk at the Fullerton Shelter have transitioned to the new Carnegie Navigation Center or have exited to other successful housing placements. I.. Contractor is gtualiticd by experience, prcpar,�tion, organization, staffing, and management to operaleprograms on behalfofhomeless individuals and is Irnriliarwilh existing homeless services in the City- G. hi undertaking the performance of this Agreement, Contractor represents that it is luinwledgeable in its field and that any services performed by Contractor under this Agreement will be per-fornred in compliance with such standards as may reasonably be expected liven a prvlessional contracting Zinn in the field_ NOW 'I 11F'REFORF;, in eonsidetation ofthe mutual and respective promises, and subject to the terms and conditions hereinaller set forlh, the parlies agree as 101lows. SCOFF: OF SF:14V ICES a. Contractor shall provide all premises approvals, tacilities, labor, staffing, training, equipment, services, and items (collectively, the "Services") appropriate and necessary to fully and adequately perfolTtr, and shall perform, the Scope of Services established for the Fullerton Shelter as described in the Scope of Services attached hereto as City Council 22 — 4 4/6/2021 Pagc I of Exhibit A and incorporaled in full. Contractor shall provide at least 75 beds for the City, with a guarantee of up to 100 beds if needed. All Services .~hall be performed at the Fttlle-t[nn Shcltcr, owned by the Contractor and acceptable ur the City, and in accordance. with the provisions of this Agreement and all applicable local, state, and federal laws, rules, and regulations. 13. Contractor shall ensure that any equipment purchased with I"unds pursuant to thi Agreement, and utilized for and at the Fullerton Shelter, will be disposed of in accordatce with the direction of the City. lu addition, all equipnunt till wished to the Contractor by the City and/or purchased by the Contractor with funds pursuant to this Agreement, will be limited to use within the activities outlined by this Agreement and will remain the propcl-ty of the City- ilpon termination of this Agrecrnretrt, Contractor will ituniediately return all cquipinent to the City or dispose of it in accordance with the direction of the City. 2. (EFFECTIVENESS AND TERM OF AGREEMENT a. The Fullerton Shelter is located at 3535 W. Cotnmonwcallh Avenue in Fullerton CA (`.Site"). b- This Agreement will continence upon the date first written above and continue through September 30, 2021 (::Tani"), unless terntinatcd earlier ill accordance with Section 15, below. Services shall commence oti or before April 20. 2021 ("Effective Date"). The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. c. The City shall indernin fy, delentl and hold harmless Contractor lion any loss, claim or damage arising, out of or resulting from any breach by the City of its obligations under this Agreement, including without limitation the City's failure to pay sums required hereunder. The Contractor acknowledges that City is entering into this Agreement in reliance on the Contractor's performance of its obligations unde-this Agreement- The Contractor shall indemnify, defend and hold harmless City froin any loss, claim or damage arising out of or resuhing from any breach by the Contractor of its obligations under this Ag'reenncnt, including without limitation the Contractor's 0tilure to operue the Fullerton Shelter and Services required hereunder which City will rely upon to litltill City's obligations under thi.s Agreement, but excluding, the Conti -actor's failttrc to pay stints to be titndcd by the City under this Agreement. 3. COMPENSATION a. From and alter the Effective Date, City shall pay Contractor the flat monthly fee of $230.000 as compensation for all Services rendered under this Agreement for tip to 75 individuals during the form as provided in ICxhibit It attached hereto and incorporated herein by reference. I f the daily census exceeds 75 for any days during the month, a true -up calculation can be made in arrears monthly at a per diem rate of$55 per individual in excess of 75. An audit of expenses will be wnducted on a monthly basis to reconcile any over or under -payment of expenses by the City. In City Council 22 — 5 4/6/2021 Pagc. 2 of the case of the former, Contractor shall credit the City the amount of over -payment in the immediate period_ Tn the case of the latter, the City shall pay the Contractor the amount of the. under -payment. b. The total sum to be expended under this Agreement shall not exceed $1,500,000. C. Contactor ~hall submit an invoice to the City (evi(lencing fees, costs or services performed, subject to City accounting procedures) when Contractor needs funds provided for in the Exhibit B. City shall pay Contactor the invoiced amounts within thirty (30) days following receipt of proper invoicc. d. The compensation required pursuant to this Agrecrrreru could be paid by City to (7011iraCtor" h-om multiple federal, state, and local lirnding sources (each individually a "Funding Source" and cumulatively the "Funding Sources"), including, but not limited to, the following: i_ F.SG-CV ii. ESG-CV2 Contractor will be required to enter into a separate funding agreement for each Funding Source_ Contractor will be required to comply with all requirements of each Funding Source, as detailcd in the separate funding agrcentctus. The total amount of compensation in said funding agreements shall count toward thee total amount due and owing from City to Contractor under this Agreement, not compensation in addition to the total amount of this Agreement. If Contractor does not execute any of the separate funding agreemens, Contactor will 161-feit that amount of funding from that Funding Source, and City will have the option to terminate this Agreement pursuant to the term,, of Section 15, below. Additionally, in the event any Funding Source is reduced by 25"/o or more, City will have the option to terminate this Agreement pursuant to the terms of Section 15. below. 4. SE-111"CE UF.i.iVFUV MONITOUING fhc City Manage' or his or ber designee Shall have the riuht to access all activities and facilities operated by Contactor under this Agreement. Facilities include all tiles, records, and otherdocuments related to the pertbnnance ofthis Agreement (except lirr any such materials which Contractor is required by law to keep cuntidcntial). Activities include attendance at staff, hoard of directors, advisory committee and advisory hoard meetings, and observation of on -going program functions. Contractor shall permit on -site inspection of the Fullerton Shelter by City and ensure that Contractor's employees and board members furnish such information, as in the reasonable judgment of the City may be relevant to the question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the Services. 5. REPORTING Contactor shall provideto the City written reports of the Services as required, or upon reasonable request from the City, in a format to be approved by the City. City Council 22 — 6 4/6/2021 Pagc. 3 of 6. INDEPEN 1)ENI' CONTRACTOR Contractor shall_ during thec entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is nor intended nor shall it be conbrucd to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or conu-ol over the professional manner in which Con tractor performs the services which arc the subject matter of this Agreement; however, the services to be provided by Contractor shall be provide(] ill a manna• consistent with all applicable standards and regulations governing such services. Contractor shall pav 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_ 7. INSURANCE Prior to undertaking perlonrrance of work under this Agreement, Cottractor ~hall maintain and shall require its subcontractors, if any, to obtain and ntaiivain insurance as described below: a. Commcreial Gena•al Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against clamis arising Iroin bodily and personal injury, including death resulting therefrom and damage to property, resulting from any set or occurrence arising out of Contractor's operations in the performance of this Agrccmcnt, including, without limitation, acts involving vehicles. fho amounts of insurance shall be not less than the following: single limit coverage .replying to bodily and personal injury, including death resulting thercli-orn, and property damage, in the total amount ofS5,000,000 per occutience. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional ins ired(s); (h) he primary and not contributory with respect to insurance or sell=insurance programs maintained by the City, and (c) contain standard separation of insureds provisions- b. Busines, automobile liability insurance, or equivalent fotn,with acombinedsingle limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles- C . Workers' Compensation Insurance. In accordaoccwith dicCal ifornia I-aborCode, Contractor, if Contractor has ;any employees, is required to be insured against liability for workers' compensation or to Undertake self-insurance. Prior to commencing the perlin-rnaocc of the work Under this Agrccmcnt, Contractor agrees to obtain and maintain any employer's liability ittsuraltcc with limits not less than 51,000,000 per accident. d. if Contractor is or employs a licensed professional such as an ;u-chitect or engineer: Prolbssional liability (mars and omissions) insurance, with it combined single limit of [lot less than S 1,000,000 per claim with 52,000,000 in the aggregate. City Council 22 — 7 4/6/2021 Pagc. 4 of 1 1 e. The following requirements apply to the insurance to be provided by Contractor pursuant to this scction= (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agrccmcnt, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (in) Certificates and policies shall state that the policies sltall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3O) days prior written notice to the City. (iv) Where the amounts or coverage provided by the certificates of insurance provides coverage g- eater than those listed by this Agreement, the amount~ provided by the certificates ol'insurance shall lie incorporated by reference into the Agrccmcnt. (v) Contractor shall supply City with a fully executed additional insured endorsement- f. if Contractor fails or refuses to produce or maintain the insuranec required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this Ageement- Such termination shall not affect Contractor's right to bcpaid for its time and materials expemdedprior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work perforated prior to approval of insurance by the City. R. INDEMNIFICATION By Contractor. Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability_ (I ) Ibr personal injury, damages, just compensation, restiuttion, j udicial or equitable relief' arising out of claims fol. personal injury, including death, and claims for property damage, which may arise from the operations or willful misconduct of the Contractor or its, subcontractors, agents, employees, or otherpersons acting on their behalf which relates to the services described in seclion 1 of this Agreement; and (2) from any claim that personal injury, danmages, just compensation, restitution, judicial or cquitablc. relief -is due by reason of thec terns of or cflccts arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered. by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Contractor further agrees to indern nify, hold harmless, and pay all costs for the defense of the City, including Ices and costs for special counsel to be sClected by the City, reI-ardirtg 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 City Council 22 — 8 4/6/2021 Page 5 of or property rights arises by reason of the terms of, or effects arising from this Agreement. C:onnactor's indemnification obligations hereunder shall not extend to any claims to the extent caused by the City's negligence, willful misconduct or breach of this Agrcennent- City may make all reasonable decisions with respect to its represetnatiott in any legal proceeding. Contractor's indemnification obligations in this section shall survive expiration of this Agreement. By City. City agrees to end shall indemnify, del"end, znhd hold h<n�rless the Contactor, its officers, agents, employees, consulntnts, special counsel, and representatives from liability for petsuual injury, damages, restitution, judicial or equitable relief arising OUT of claims for personal injury, including death, and claims for property danhage, which may arise from the operations or willful misconduct ofthe City or its subcontractors agents, employees, or otherpersons acting on their behalf which relates to the subjcet natter of this Agreement- This indemnity and hold harndcss agreement applies to all claims Rn 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. City's indemnification obligations hereunder shall not extend to any claims to the extent caused by Contractor's negligence, willful misconduct or breach ol'this Agreement- Contactor may snake all reasonable decisions with respect to its representation in any legal proceeding. City's indemnification obligations in this section shall survive expiration of this Agreement. Contractor shall keep records and invoices in connection with the work to bee performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services. expenditures, and disbursements charged to the City for a mininnum period of three (3) ,years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identitiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours (except for any such materials which Contractor is required by law to keep confidential). Contractor ,hall allow inspection of all work, data, dalentnenls, proceedings, and activities related to this Agreement firr a period of three (3) years from the date of final payment to C Ant.9CtOr under this Agreement. 10. CONFIDENTIALITY It' Contractor receives from the City information which duc to tttc nature of such information is rcasonablyunderstood to be confidential and/or proprictaiy, Contractor agrees that it shall not use or disclose such information except in the perforntatice of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like irnporianec, but in no CVCnt less than reasonable care- "Confidcntial Information" shall include all nonpublic information. Confidential information disclosed to tither party by any subsidiary and/or agent of the other part-v is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source, (c) is in rightful possession of the Contractor without an obligation ofconfidcntiality; (d) is required to be disclosed b-y operation of law; or (c) is indcpcndcntly developed by the CUntraUtOf without reference to information disclosed by the City. City Council 22 — 9 4/6/2021 Pagc 6 of IL CONFLICTOF IN`I'FRFS'I' CI,ALISF. Contractor covenants that it presently has no interests and shall riot have interests, direct or indirect, which would conflict in any manner with the performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or inailed by first class or certified mail, postagec prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: fo Cily: Clerk of the City Council City of Sawa Ana 20 Civic Ccntcr Plaza (M-30) P.O. Box 1988 Santa Ana. CA 92702-1988 Fax number - With courlcsy copies tel: To c;onn-aucn- City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Fax: The llhuiiiiiation Foundatioii 1091 N. Batavia St. Orange, CA 92867 Attn: Paul Leon, CEO tax number: With courtesy copies lo: Steven J. Dzlda, Lsq. DA&I, Carey & Steinman 3 Park Plaza, Suite 750 hvinc, CA 92614 Pax: 949/399-0361 City Council 22 — 10 4/6/2021 Pagc 7 of 1 1 A party may change its address by giving notice in writing to the other party. Thereafter, Lilly cotnniunication shall be addresscd and transmitted to the new address. Tf scot by mail, cornrnunicalion shall be effective or doomed 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 addresscd as set forth above. If sent by fax, communication ;hull be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addresscd as set Borth above. For ptnposes of eatculaling thesc time tranres, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITV AND AMENDMENT This Agreement represents the complete and CXCILISIVC staternem between the City and Contractor regarding the subiect matter therein, and supersedes any and all other agreements. oral or written, between the parties. 'I his Agrcancnt may not be modified except by written instrtunent signed by the Cily and by an authorized representative of Conuactor. I he parties agree dial any leans or conditions of any purchase order or other insu-ument that are inconsistent with; or in addition to, the terms and conditions ha-cof, shrill riot bind or obligate Contrauor or [tic City. Each party to this Agreement acknowledges that no representations, indmecments, prornises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSICNMENT Contractor may not assign, transfer, dcicgutc. or subcontract any interest herein without the prior written consent of the City and any such assignment, tansfer, delegation or subcontract without dre City's prior written consult shall be considered null and void. Nothing in this - Agreement shall tic construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City performel or by other contractors or consultants retained by City. No assi�=nment by the City of its rights or obligations under this Agreement shall relieve the City of any of its obligations under this Agrcancnt. 15. TERMINATION This Agreement may be terminated by the City Ibr default by t.'ontractor, Or as otherwise prescribed by the terns of this Agreement, upon sixty (60) days written notice of tenninatiut, which notice shall sct truth with specificity the cause tot tcrntinatioo. Contractor shall have an opportunityto cure any alleged default for a period of thirty (30) days after receipt ofthe notice of termination. if C'onlraclor has cured the alleged default in the reasonable opinion of City, [hen [his Contract shall not be terminated. If this Agreement is terminated, Contractor shall lie entitled to rcecivc and the City shall pay Contractor cornpcnsation fire all services performed by Contractor and coats incurred or accreted by Contractor prior to Contractor's receipt of Such notice of terminarion. 16. NONDISCRIMINATION Contractor shall not discrinrinatc because of race, color, creed, religion, sex, marital starts, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by City Council 22 — 11 4/6/2021 page 8 of 10 applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement- Contractnr af7irms that it is an equal opportunity ennploycr and shall comply with all applicablc icleral, state and local laws and regulations. 17. GOVERNING LAW AND VENUE This Agreement has been executed and delivered in the Steve of California and the validity, mterpretation, perturnlance, and entbrcemcitt of auy of the clauses Cot this Agrcemcint shall be determined and govp'ned by the laws of the State of California. Both parties further agree that Change County, California, shall be the venue for any action or proceeding that may be brought or arise aunt Of, in connection with or by reason of this Agrecment- is. PROFESSIONAL LICENSES Conn -actor shall, thronghont the teen of this Agreerent, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary lbr the provision of the services hereunder and required by the laws and rcguldtiuns of the Unitcd Stares, the Suuc of'Califinnia, the City of Santa Arta and all othergovernmentalagencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions- Said inability shall be cattle fbrtermination ofthis Agreennent- 19. MISCELLANEOUS PROVISIONS a, Fach person signing this Agreement on behalf of Contractor represents and wan -ants that its signature herein below has the power, authority and light to bind Contractor to each of the terns of this Agreement and shall indemnify City litlly, including reasonable costs and atrorney's tees, tot any injuries or damages to City in the event that such authority or powcr is not, in fact, held by the signatory or is withdrawn. Each person signing, this Agreement on belialf of (.'try represents and war -ants that its signattu-c. hcrcin below has the powcr, authority and right to bind the City to each of the terms ol- this Agicemcm and shall nulcmnily Contractor fully, including reasonable costs and attorney's fees, for any ilijuries or damages to Contractor in the event that such authority or powcr is not, in fact, held by the Signatory or is withdrawn. b. All Exhibits rctcrcnccd hcrcin and atraclncd hereto shall be incurporatcd as if bully Set forth in the body of this Agreement. (Signc[Crt1VS Oil /bllffleing page, City Council 22 — 12 4/6/2021 Pagc. 9 of 10 IN WITNESS WHEREOF. the parties hereto have executed this Agreement the date and year first above written_ CiTV OF SANTA ANA CONTRACTOR Kristine Rid-e City Manager A'1 TEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SON1A R. CARVAL110 City Attorney n By: /` / t Ryan O.IHodFQ A sistant`City Attorney RECOMMENDED FOR APPROVAL: Sic%en Mendoza Executive Director Community Development Af=cncy EX111RITS: A — SCOPE OF SERVICES B—BUDGET Name: Title: City Council 22 — 13 4/6(2021 Page 10 of 10 EXHIBIT A Fullerton Interim Shelter for LINK Clients GOAL: Temporarily house the current clients at the LINK Shelter at the Fullerton Recuperative Care Center until the Carnegie Navigation Center in Santa Ana is complete and ready to move in. Will also include new clients rel'erred from Street Outreach teams. Illumination Foundation has offered the following services that include, but arc not limited to: • Case Management • Substance Use Counseling • Behavioral Hcalth • Housing Navigation • Site Aids • Security • Meals • Pet Accotnnwdations • Initial transportation (clients, pets, and belongings) from Sancti Ana to Fullerton will be provided by IF stall. • Daily transportation to and frotn Fullerton/Santa Ana. IF will transport clients enrolled in LINK Shelter from Fullerton to Santa Ana daily as needed to ensure continuity of services and access Lo resources_ • IF will continue to receive and process intake referrals in cooperaLion with Outreach and Engagement in the city of Santa Ana. We will ensure services remain status quo with current Santa Ana outreach and engagement politics and procedures_ • In -Kind Services from IF Medical Croup DocLors and 'I'herapists_ Medical Group staff will be available on site to provide primary care and behavioral health services. City Council 22 — 14 4/6/2021 EXHIBIT B BUDGET: Flat monthly fee for all services is $230,000 (detailed budget on the following page) Jor up to 75 individuals. This includes the Costs of all operations and staff. if t11c daily census exceeds 75 for any days daring the month, a hue -up calculation Can be made in arrears monthly at a per diem rate of $55. The monthly fee is payable on or before the 15"' of the month services are rendered. ILLUMIfNATION FOUNDATION' IFU,LLERTON RECUPERATIVE CARE INTERIM SHELTER MONTHLY OPERATING BUDGET OPERATING EXPENSES Program Staff Salary & Benefits Client Assistance Food 0t11er %2eds Sub -total Facilities Rervtle.nlrtvesF�"Rainfiensnce Frcperty 113,urance Suva total Other Expenses. Security se fvces b i'ty nsuranr= a Pet care Oftce supp es. Te ecorn SfiafiP mg & travel Tr2nspartalon M'ISceaneerrs Sub -total Administrative Expenses TOTAL OPERATING EXPENSES 89,063 21.50 FTEs 113,771 2,366 22,736 46,, 42 5 1,250 47,675 $ 32,120 1,250 750 430 645 '23 4,500 650 $ 40,668 $ 30,021 230,163 City Council 22 — 15 4/6(2021 Community Development Agency https://www.santa-ana.org/cd Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: HEAP Subcontractor Agreement with Orange County United Way AGENDA TITLE: Approve HEAP Subcontractor Agreement with Orange County United Way for Landlord Incentive Program for Foster Youth to Independence Housing Voucher Holders. RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Orange County United Way to utilize Homeless Emergency Aid Program (HEAP) funds in an amount not to exceed $184,544.29 to provide landlord incentives for Foster Youth to Independence vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In an effort to jumpstart the lives of foster youth who will receive a Foster Youth to Independence voucher, the City is recommending to use a portion of the HEAT' funds to provide incentives to landlords to accept these unique Vouchers. In 2018, the City of Santa Ana received $3,690,885.84 in HEAP grant funds from the State of California to address immediate homeless challenges. Five percent or $184,544.29, of the grant must be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness. The Santa Ana Housing Authority ("SAHA") was recently awarded Foster Youth to Independence ("FYI") housing vouchers for young adults under the age of 25 who are, or have recently left, the foster care system without a home to go to and are at extreme risk of experiencing homelessness. SAHA has partnered with the Orange County United Way to engage approximately 14 youth applicants eligible for FYI housing vouchers through WelcomeHomeOC, the United Way's landlord incentive program that matches voucher holders with available units. Linking with the United Way, the HEAP grant funds will be utilized to support incurred costs related to leasing up the new FYI voucher holders, including property owner signing bonuses, security deposits, application fees, furnishings, holding fees, moving costs, utility deposits, renter's insurance, and a damage mitigation fund which is estimated to cost approximately $15,000 per voucher holder. City Council 23 — 1 4/6/2021 HEAP Subcontractor Agreement with Orange County United Way. April 6, 2021 Page 2 FISCAL IMPACT Funds in the amount of $184,544.29 are available in the Homeless Emergency Aid Program grant, Payment to Subagent account (no. 12218700-69135) for expenditure in the current fiscal year. EXHIBIT(S) 1. HEAP Subcontractor Agreement between the City of Santa Ana and Orange County United Way Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 23 — 2 4/6/2021 EXHIBIT 1 HOMELESS EMERGENCY AID PROGRAM SUBCONTRACTOR AGREEMENT BETWEEN THE, CTTY OF SANTA ANA AND ORANGE COUNTY UNITED WAY THTS GRANT A(ME.EMENT ("HEAP .AgreemenC"), is hereby made and entered into this April 6, 2021, by and between the City of Santa Ana, a Public body, corporate and politic ("Contractor"), and Orange County United Way, a California nonprofit organization (" Subconuractor"). RECITALS: A. Pursuant to Chapter 5 (commencing with Sectiou 50210) of Part I of Division 31 of The Ilcalth and Safety Codc, and all other relevant provisions established under SB850 (Chapter 48, Sta(ules of 2019), the State of California has eslablished the Homeless Emergency Aid Program (NEAP")_ HEAP is administered by the California Homeless Coordinating and Financing Comicil in the Business, Constuna- Services and Housing Agency. HEAP provides one-time flexible block grant funds to Administrative Entities to address their immediate homelessness challenges. B. ('OntraelOr is the recipient of HEAP funds from the Statc of Califonna. In 2019, Contractor entered into Agreement Number 18-11EAP-00007 with the State of California receiving, and recoe,nizing S3,690,885.84 in I IFAP gram twids to be used by Conu-acror Lo address inurnediate homeless challenges (`Stara HF.AI' Agreement"). A Irue and correct copy of the State HEAP Agreement is attached hereto as Exhibit A and incorporated herein by this reference. C. M84,544.29 in HEAP grant funds must be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness_ Subcontractor has partncrod with Santa Ana Housing Authority to engage approxirnatcly 14 youth applicants eligible for Foster Youth to Independence (FYI) vouchers beginning April 1, 2021. Subcontractor operates the WelcomellotncOC Program which matches voucher holders with available units. I II -AP grant fituds will be used to incentivizc properly owners to rent to the homeless youth voucher holders. D. Subcontractor has been made aware of the State HEAP Agreement and agrees to comply with all the conditions of the State 11liAP Agreement and the applicable State requirements governing the use of TTFAP grant funds. E. Subconuaclot' represents that it has the requisite qualifications, expertise, and experience in the provision of the Program and is willing to use said HEAP funds to operate said Program. NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals arc it substantivc part of this HEAP Agreement, and the tidlowing tcrrns and conditions arc 1 City Council 23 — 3 416/2021 EXHIBIT 1 approved and together with Lill exhibits and attachments hereto, shall constitute the entire TTE.AP Agreement between the Contractor and Subcontractor_ SCOPE OF SERVICES Subcontractor shall perform during the [enn of [his HEAP Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work required to Billy and adequately complete, tire services necessary for the Program, in accordance with the Scope of Work attached hereto as Exhibit B. 2. TERM This HEAP Agreement shall take etfect on the date first written above and shall terminate on Junc 30, 2021, unless othc-wi e cancelled or modified according to the terms ofthis I IFAP Agreement. 3. DISBURSEMENT ANT) FUNDS A. ('ontractor was allocated 5184,544.29 in IIEAP funds from the State of Calif ruia to be expended by JunC 30, 2021 to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness- Contractor shall make payments to Subcontractor based on rcinibursemeni of cxpcnscs, as detailed in Exhibit B, up to the maxilnutn amount of eligible funding. Snid sum shall be paid after Contractor receives invoices submitted by Subconn•seror ,IS provided herein. B. Subcontractor shall submit invoices (on or befi)rc the 15"' day of April, May and June) in a form prescribed by the Contractor, detailing such expenses. Such schciltile may be modified with the approval of the Contractor. C- Payment is subject to thcc rcccipt and approval of such invoices- Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied That such expenses have been incurred within the scope of this HEAP Agreement and that the Sttboonn:actor is in compliance with the terms and conditions of this I II:AP Agrccmcnt. The thirty (30) day period will discontinue if the reimbursement request is [letennined to be incomplete and will restart [he thirty -clay timeline once the remaining, rcquircd cicmcnts have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. D- Subcontractor agrees to use said funds pursuant to this HEAP Agreement to pay for costs allowable under state law and regulations to operate said 11LAP Program only. Said amounts shall include and will be hinitcd to the operation of landlord incentives for the WelcomeHOmeOC program only. SubOOnn-aCLO 'S failure to perionn as required may, in addition to other remedies set linth in this HEAP Agreement, result in readjusunent of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor ptasuant to the terms hereof, or tcrrnination Of this HFAP AnProcment. 2 City Council 23 — 4 4/6/2021 EXHIBIT 1 4. RESERVED 5. INDEPENDENT CONTRACTOR Subcontractor shall, during the cutne tam of this HEAP Agreetent, be cousuved to Tie an it contractor and not in a»pIoyce ofthe Contractor. This H k A P Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the protcssional manner in which Subcontractor performs the services which are the subject matter of this HEAP Agreement, however, the services to be provided by Subcontractor shall be provided in a manner cnnsisrent with all applicahlo standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes. unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 6. OWNERSIIIP OF MATERIALS This HEAT' Agreement creates a non-exclusive and perpelual license I61- Conu-aclor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property cmbodicd in plans, specifications, sntclics, drawings, estimates, and other doenment, or works of authorship fixed in any tangible medium of expression, including but not limitcd to. physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this TTEAP Agreement (-Documents & Dana"). Subcontractor shall require all subconu-aclors to agree in writing than Contractor is granted a non-exchuive and perpetual license for any Document; & Data the subcontractor prepares under this I I I•:AP Agreement. Subcontractor represents and warrants That Subcontractor has the legal right Lo license any and ;ill Documents & Daia. Subcontactor males no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at an_y tine, provided that any such use not within the purposes intended by this 11EAP Agreement shall be at Contractors sole risk. 7. INSURANCE Prior to undertaking performance of work under this HEAP Agreement, Subcontractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a, Commercial Cicneral Liability Instuance. Stbcontactor shall maintain connnercial general liability insurance naming the Contractor, its oflTcers, employees, agents, volunteers and representatives as additional inhurod(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 Subcontractors operations in the performance of this IIEAP Agreement, including, without limitation, acts involving vehicles. The antormts of insurance shall be not less than the billowing: single limit coveragee applying to bodily and personal iniury, including death resulting 3 City Council 23 — 5 416/2021 EXHIBIT 1 therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate- Such insurance shall (a) name the Contractor, its officers, employees, agents, and representatives as additional iusurcd(s); (b) be primary and not contributoly with respect to insurance or self-insurance programs maintained by the Contractor; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than S1,000,000 per occurrence. Such insurance shrill include coverage for owned, hired and non -owned autnmobilcs- c- Worker's Compensation Tnsurance. To accordance with the provisions of Section 3700 of the Labor Code, Subcontractor, if Subconu-actor has any enployccs, is required to be ittSured against liability for worker's compensation or to undertake self-inSurane.c. Prior Io commencing the performance of the work under this ILLAP A_•ecment, Subcontractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Subcontractor is or employs a licensed professional such as an architect or engineer Professional liability (en -Ors and omissions) insurance, with a combined single limit of not less than S 1,000,000 per claim with S2,000,000 in the aggregate. c- The following i-cquirements apply to the insurance to be provided by Subcontractor pursuant to this section: i- Snbcon raclor Shall maintain all insurance required above in lidl force and effect for the entire period covered by this 11EAP Agreement. ii. Certificates of insurance shall be liuuished to the Coluractor upon excention of this 111%AP Agreement and shall be approved by the Con a actor. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material ;aspect withoul thirty (30) days prior written notice to the Contractor- iv- Where the anuxunts or coverage provided by the certificates of insurance provides coverage greater than those listed by this HEAP Agreement, the amounts provided by the certilicatcs of insurance shall be incorporated by reference into the II) AP Agreement. V. Subcontractor shall supply Contractor with a filly executed additional insured cndorsancnt. f. If Subcontractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to lilrnish the Contractor Willi required proof that insurance has been procured and is in force and paid for, the Contractor shall have the tight, at the Contractor's election, to forthwith terminate this HEAP Agreement_ Such tcrntination shall not affect 4 City Council 23 — 6 416/2021 EXHIBIT 1 Subcontractor's right to be paid for its time and materials expended prior to notification of termination. Subcontractor waives the tight to receive compensation and agrees to indemnify the Contractor 1'or any work peiurined prior to approval of insurance by the Contractor. S. iNDEMNIiFIiCATIiON Subcontractor agrees to defend, and shall indenrinly and hold harnless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives fiom liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or otltca persons acting on its behalf which relates to the services desctibed in section I of this HEAP Agreement-, and (2) from airy claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising trom this III[AI' Agreement, l his indemnity and hold harmless agreement applies to all claims for clamaes, just compensation, restiuttion, judicial or equitable relief suffered, or alleged to have been suffered, by reason ol' the events rcl'crrui to in this Section or by reason of the terms of, or effects, arising ti•cnn this HEAP Agreement. 'fhc Subeontracwr tilrther agrees to indemnity, hind harmless, and pas' all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, revrarding any action by a third parry challenging the validity, of this HEAP Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or cquitablc relief dueto personal or property rights arises by reasorr of the terms of, or effects arising from this 11EAP Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Subcont-actor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section2782.8, to claims that arise out of, pertain to, or relate to the negligence, reclacsness, or willtitl misumduct of the Subcoturactor. 9. RECORDS Subcontractor shall keep records and invoices in connection with the work to be perfortmed under this 11EAP Agreement. Subcontractor shall maintain complete and accuraie records with respect to the costs incurred under this HEAP Agreenrent and any services, expendittu-es, and disbursements charged to the Contractor for a minintrurr period or three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this HEAP Agreement. All such records and invoice; shall be clearly identifiable. Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcript; or copies of such records and any other documents created pursuant to this Hh:AP Agreement dining regular business hours- Subcontractor shall allow inspection of all work, data, doetumeats, proceedings, and activities related to this HEAP Agrecntuu tirr a period of three (3) years from the date of final payment to Subcontractor under this HLAP Agrecincrrt. 10. CONFIiDENTIiALiTY 5 City Council 23 — 7 416/2021 EXHIBIT 1 Tf Subcontractor receives from the Contractor inforniation which due to the nature of Such information is reasonably understood to be conlidential ancUor proprietary, Subcontractor agrees Chao it shall not use or disclose such inlunnation except in the perlbrrnance of this IIEAP Agrcanent, and further agrees to exercise the same degree of care it uses m protect its own information of like importance, but in no event less than reasonable care. "Confidential htforimmon" shall include all nonpublic inR rntalion- Confidential information includes not only written information, bill also inlbrrnation transferred orally, visually, electronically, or by otha- trreans- Confidential information discloses) to either party by any subsidiary and/or agent of this other party is covered by this 11LAP Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rigtrtful possession of the Subcontractor without an obligation of confidentiality. (d) is required to be disclosed by opa'ation of law; or (e) is independeully developed by the Subcontractor without reference to information disclosed by the Contractor, 11. CONFLICT OF INTEREST CLAUSE Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would contlict in any manner with performance of services specified under this TTF.AP Agreement- 12. NON-DISCRIMINATION Subcontractor 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. Subcontractor aflirtns that it is an equal opportunity employer and shall cornply with all applicable tederal, state and local laws and regulations. 13. EXCLUSIVI VY AND AMLNDMENT This HEAP APrccrnent represent the complete and exclusive stttcntcnts bctwecn the Contractor and Subcontractor, and supersede any and all other agrectrtents, oral or written, between the patties. This 11EAP Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor- The patties agree that any terms or conditions of any pill -chase order or other instnumalt that arc inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this 11EAP Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasimrch as this HKAP Agreement is intended to secure the specialized services of Subcontractor, Subcontractor ntay not assign, transfer, deleLate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null 6 City Council 23 — 8 416/2021 EXHIBIT 1 and void. Nothing in this TTFAP Ag•eenhent shall be construed to limit the Contractor's ability to hate any of' the services which are the subject to this HEAP Agreement perl'onned by Contractor personnel or by other Subcontractors retained by Contractor. 1.5. TERMINATION This HEAP Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor slhall be cutiticd to rcccivc and the Contractor shall pa-v Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work Product shall be the proper-ty of the Contractor unless prohibited by law, and Subconlractor consents to the Contractor's use thereof for Sueh puuposes as the Contractor deems appropriate. b. Payment need not be made Ibr wool, that fails ur tncct the standard of performance specified in the Recitals of this HFAP Agreement. 16. WAIVER NO waiver of breach, failtlrc of any condition, or any right is rcmcd-v containcd in or granted by the provisions of this HEAP Agreement shall be effective unless it is in writing and signed by The party waiving the breach, faihne, right or remedy. No waiver of any bre,u h, failure or right, or remedy shall bec deemed a waiver of any other breach, failure, right Or remedy, whether or nol similar, nor shall any waiver constitute a Continuing waiver unless the writing So specifics. 17. JURISDICTION - VENUE This HEAP Agreement has been executed and delivered in the State of Catilbrnia and the validity, interpretation, perfortnartce, and enforcement of any of the clauses of this HEAP Agreancnz shall be determined and governed by the laws of the State of California. Roth 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 TTFAP Agreement. 18. PROFFSSIONAI.I.ICF.NSF.S Subcontractor shall, throughout the term of this TTFAP Allreenhent, maintain :111 necessary licenses, Permits, approvals, waivers, and exemptions necessary for the Provision of the services heretmder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and :all other governnacntal agencies. Subcoutractur shall nutity the Contractor immediately and in writinr, of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exenyriions. Said inability shall because for termination of this HEAP Agreement. 7 City Council 23 — 9 416/2021 EXHIBIT 1 19. NOTICE Any notice, tender, demand. delivery, or other communication pursuant to this 11FAP Agreenrerrt shall he in writing and shall he deemed to tie properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by tax or other telegraphic communication ill the manner provided in this Section, to the following, persons: CONTRACTOR: I ein h:ggers Homeless Services Manager - City of Santa Ana Community Development Agency (M-25) 20 Civic C-'enLerPlaza P.O. Box 1988 Santa Ana, CA 92702-1988 (714)647-5378 (714) 647-6549 FAX cggcrs(u',santa-ana.org SITBRECTPTENT: Becks He-vhoe EXCCLLh Ve Director United to Lnd Itomctessness Orange County United Way 18012 Mitchell Soul, Trvinc, CA 92614 (949)263-0112 becksh(a,unnedwayoc.org A parly may change its address by giving notice in writing to the other party. Thereafter, any conimunicalion shall be addressed and ttatnsmittcd to the new address. If sent by mail, convnunication shall be effective or deemed to have been given three (3) days after it Iris been deposited in the United States mail, duly registered or cetified, with postage prepaid, and addressed as set forth above. Tf sent by fax, conmLill iCation shall lie effective or deemed to have been given twenty-four (24) hours after- the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these tine frames, weekends, federal, state, County or City holidays shall be. excluded. 20. MISCELLANEOUS PROVISIONS I . Each undersigned represents and warrants that ill ;ignaturc herein beto" has the power, authority and right to bind their respective parties to cacti of the terms of this 11LAP A�n-eemenr, and shall indemnify Contractor hilly, including reasonable costs and atorney's fees, [In- ally injuries or damages to Contractor in the event lhat suclr authority or power is nut, in lacl, 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 HLAP Agreement. (Signatures on lblloia'irrgpcageJ 1.3 City Council 23 — 10 416/2021 EXHIBIT 1 IN WITNESS WIIERE OF. the parties hereto have executed this I IEAP Agrcemcnt on the date and year first written above_ AT I'ES'I DAISY' (OMEZ Clerk of the CALn1CII APPROVED AS TO FORM SoNTA R. CARVAUTO Cicrtcral Counsel By: , Assistattt Counsel 9 FHF: CITY 0F$ANTA A N A KILISI INF: RI06F City Manager ORANGE COUNTY UNITED WAY I-:milee Tello Chief Financial 01'lic.er City Council 23 — 11 416/2021 EXHIBIT 1 IN WITNMSSS WHEREOF, the parties hereto have executed this HEAP Agreement on the date and year first written above. ATTF,ST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO General Counsel By: RYAN 0.1IODGE Assistant Counsel 9 THE CITY OF SANTA ANA KRISTINE RIDGE. City Manager ORANGE COUNTY UNITED WAY Susan B. Parks President & Chief Executive Officer City Council 23 — 12 4/6/2021 EXHIBIT 1 EXHIBIT A HEAP Agreement Number 18-HEAP-00007 10 City Council 23 — 13 4/6/2021 EXHIBIT 1 STATE OF CALIFORNIA AGREEMENT NUMBER AMENDMENT NUMBER AGREEMENT SUMMARY 18-HEAP-00�®7 S tD 215 (Rev. 082017) CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED — .............— 1. CONTRACTOR'S NAME __....... ........ 2. FEDERAL I.D. NUMBER City of Santa Ana N/A ...'.--_._..�_.._-.. 3. AGENCY TRANSMITTING AGREEMENT __....._.... 4. DIVISION, BUREAU. OR OTHER UNIT .._ 5. AGENCY BILLING CODE Business, Consumer Services and Housing Agency Homeless Coordinating and Financing Council N/A 6a. CONTRACT ANALYST NAME 6b, EMAIL 6c. PHONE NUiABF..R Daniel Castillo daniel.castillo@bcsh.ca.gov (916) 6S1-2788 1AS YUUR AGENCY CON I RAC I LU FOR I HtSL SLRVICES BEFORE? QNo FYes (if Yes. antiar Prier COntractOr Name and Agreement Number) PRIOR CONTRACTOR NAME .... ........... ...__.._. 8. BRIEF DESCRIPTION OF SERVICES Contract is for the provision of shelter and services to address homelessness. PRIOR AGREEMENT NUMBER 9. AGREEMENT OUTLINE (Include reason for Agreoment Identify specific problem, administrative requirement. program need or other circumstances making the Agreement necessary; inctude special or unusual terms and conditions.) Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), the State has established the Homeless Emergency Aid Program (HEAP). HEAP is administered by the California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency. HEAP provides one-time flexible block grant funds to Administrative Entities to address their immediate homelessness challenges. 10. PAYMENT TERMS (More than one may apply) ❑ Monthly Plat Rate Quarterly Q One -Time Payment U Progress Payment l Itemized Invoice withhold � % n Advanced Payment Not To Exceed Reimbursement I Revenue or Other (Explain) 11. PROJECTED EXPENDITURES FUND TITLE ITEM FISCAL CHAPTER STATUTE PROJECTED YEAR EXPENDITURES General Fund 0515-101-0001 2018-19 29 2018 $3,690,885.84 OBJECT CODE AGREEMENT TOTAL $3,690,885.84 5432000- Grants & Subventions -Governmental _...................... _._... _._..... ... .... _._............ OPTIONAL USE ._....._.._.._......._......... AMOUNT ENCUMBERED BY THIS DOCUMENT $3,690,885.84 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT --._ ................ I certify upon my own personal knowledge that the budgeted funds for the current '__..._. TOTAL AMOUNT ENCUMBERED TO DATE budget year are available for the period and purpose of the expenditure stated above. $3,690,885.84 ACCOUNTING pFr ICER'S SIGNATURE ACCOUNTING OFFICER'S NAME (Print or Type) DATE SIGNED AIf City Council 23 — 14 4/6/2021 / EXHIBIT 1 STAT[ OF CALIFORNIA A AGREEMENT NUMBER AMHNDMENT NUMBER AGREEMENT SUMMARY STO 215 (Rev.08/2017) 18-HEAP-00007 12, AGREEMENT ' ..................... r.._._.__. _._ ....... _. ...... AGREEMENT TERM TERM 70TAL COST OF BID, SOLE SOURCE, EXEMPT FROM THROUGH THIS TRANSACTION Original 8/31/2021 EXEMPT Amendment 1 Amendment 2 TOTAL 13. BIDDING METHOD USED ❑ Request for Proposal (RFP) (Attach justification If secondary method is used) ❑ Use of Master Service Agreement ❑ invitation for Bid (IFB) ❑ Exempt from Bidding (Give authority for exempt status) ❑ Sole Source Contract (Attach STD. 621) ❑J Other (Explain) Authorizing legislation provides a predetermined allocation of funds. . ..._.................... ...... Note: Proof of adverdaament in the State Contracts Register or an approved form STD. 821, Contract Advertising Exemption Request, must he attached 14. SUMMARY OF BIDS (List orbidders, bid amount and small business status) (If an amendment. sole source, or exemp( leave blank) N/A IS- IF AWARD OF AGREEMENT IS TO OTHER THAN THE LOWER BIDDER, EXPLAIN REASON(S) {lf en amendment, sole source, or exempt, leave blank) N/A 16. WHAT IS THE BASIS FOR DETERMINING THAT THE PRICE OR RATE IS REASONABLE? N/A 17a. JUSTIFICATION FOR CONTRACTING OUT (Check one) Contracting out is Justified based on ❑ GoverrvnCAent Code 19130(b). When this box Contracting out is based on cost savings per Government Code 19130(a). The State Personnel Board has been so notified. ❑ checked, a completed JUSTIFICATION - REGULATIONS, TITLE 2, SECTION 547.60 mustust be be CODE OF a tta attached to this document. ❑J Net Applicable (Interagency / Public Works I Other ) 17b. EMPLOYEC BARGAINING UNIT NOTIFICATION ❑ By checking this box,/ hereby certify compliance with Government Code section 19132(b)(1). AUTHORIZED SIGNATURE ISIGNERS NAME (Print or Type) DATE SIGNED N/A N/A N/A 18 been reported to the.Departme t of AGREEMENTS IN EXCESS F it Employmen and $5.000. Has the [citing of the agreement ❑ ❑ O WA 22. REQUIRED RESOWTIONS ARE No Yes ATTACHED 19. HAVE AS REQUNFLICT IRED E BYOF INTEREST ISSUES BEEN IDENTFIED THE STATE CONTRACT MANUAL SIECTIOND ROE? OLVED ❑ No ❑ Yes © N/A ®No ❑Yes [� N/A 23. IS THIS A SMALL BUSINESS AND/OR 20, FOR CONSULTING AGREEMENTS: Did you review any None on file ©No ❑Yes ❑J N/A A DISABLED VETERAN BUSINESS contractor evaluations on file with the DGS Legal OfOee? CERTIFIED BY DO$? .. _.... _.................. ...................... 21. IS A SIGNED COPY OF THE FOLLOWING ON FILE AT YOUR AGL-'NCY FOR THIS CONTRACTOR? ❑ No ❑ Yea A, Contractor Certification Clauses R STD 204 Vendor Data Record ❑ No ❑ Yes El] NIA El No ❑ Yea C J N/A SB OVBE CertificationNNumber. 24. ARE DISABLED VETERANS BUSINESS ENTERPRISE GOALS ❑ No {Explain detnwJ ❑Yes 9'0 of Agreement REQUIRED? (If an amendment, explain changes if any) N/A 26. IS THIS AGREEMENT' (WITH AMENDMENT`S) FOR A PERIOD OF TIME No Yes (If Yea, provide LONGER THAN THREE YEARS? ❑ ❑ p justification below) N/A I c ertify that all copies of the referenced Agreement wilt conform to the original agfeement sent to the Deparhnent of Genoral Services. SIGN RE NAMEI HTLE (Print or Type) DATE SIGNED g/� Anna Podxyn, Staff Services Manager II23 y ....... �o I..... �.�.....................__. _ ._... r STATE OF CALIFORNIA - DEPARTMENT OF GENERAL. SERVICES EXHIBIT 1 STANDARD AGREEMENT —._ AGHEF,MENT NUMBER PURCHASING AUTHORITY NUMBER (if applicable) STD 213 (Rev. 10/20113) 18-HEAP-00007 - 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACT ING AGENCY NAME — BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY ........ C:ONI'RACTOR NAML The City of Santa Ana 2. The term of this Ayreement is: _. .... ..... ._. _.._ - srARr nnrE - - '---- Upon RCSH Approval ' HROUGhI F„Np DATE 10/31/2021 _.- 3.The maximum amountofthis Agreement is: " $ 3,690,885.84 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made apart of the Agreement. EXHIBITS TITLE PAGES Exhibit A Scope of Work 3"— Exhibit B Budget Detail and Payment Provisions Exhibit C Terms and Conditions _................. ........... _....... Exhibit D _..._ .._. ...... . Special Terms and Conditions "' 1 I wuu urr uxerun l r, urr rrereuy irtcurperutea oyrenerence and maaepafr ar MIS agreement as it attached hereto. These documents can be viewed of www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx IN WITNESS WHEREOF, T HIS AGREEMFNT HAS BEEN EXECUTED BYTHE PARTIES HERETO. CONTRACTOR` CONTRACTOR NAME (If other than an individual, state whether a corporation, partnership, etc.) The City of Santa Ana CONTRACTOR 6U$INF„SS ADDRESS CI7Y STATE. ZIP 20 Civic Center Plaza, M-26 Santa Ana CA 192701 _ .._.....-- ---.........--.... ....... .- PRINTED NAME OF PERSON SIGNING ---'-- WILL -... Robert Cortez Deputy City Manager CONTRA( IOR Al�6'F SIGNFtTURE DATESIGNED .... STATE OF CALIFORNIA .. CONTRACTING AGENCY NAME SU1 INESS, CONSUMER SERVICES AND HOUSING AC.,ENCY CONTRACTING AGENCY ADDRESS CIrY STATE ZIP 91 S Capitol Mall, Suite 3.50-A ..................... ....... ._......... ......_...... Sacramento ---.............. CA 95814 PRINTED NAME OF PERSON SIGNING __.... ---... TITLE ....... Alexis Podest NN , Agency Secretary CON'rRACTINWL)TH RI SIGNA DATE`S'IGNEO7 California Department of General Services Approval (or exemption, if applicable) APPROVM AS TO FORM I y Duna 23 — 16 4/6/2021 Paoe 1 of 1 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 1 of 3 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Homeless Emergency Aid Prnesrnm MMAP1^ I. Authori Pursuant to Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), the State has established the Homeless Emergency Aid Program ("HEAP" or "the Program" or 'the grant'). The Program is administered by the California Homeless Coordinating and Financing Council ("Council') in the Business, Consumer Services and Housing Agency ("Agency"). HEAP provides one-time flexible block grant funds to Administrative Entities as defined in the September 5, 2018 HEAP Notice of Funding Availability (NOFA) and Large Cities to address their immediate homelessness challenges. This Standard Agreement along with all its exhibits ("Agreement') is entered into by the Agency and an Administrative Entity or Large City ("Contractor") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Contractor agrees to comply with the terms and conditions of the Agreement, the Notice of Funding Availability ("NOW) under which the Contractor applied, the representations contained in the Contractor's application, and the requirements of the authority cited above. 2. Purpose The general purpose of the Program is to provide one-time block grant funding to address the immediate emergency needs of homeless individuals and individuals at imminent risk of homelessness in the service area of each Contractor. In accordance with the authority cited above, an application was made by the Contractor for HEAP funds to be allocated for eligible uses under the grant, which include, but are not limited to, the following: services, rental assistance or subsidies, capital improvements and homeless youth activities. 3. Definitions Terms herein shall have the same meaning as the definitions set forth in the HEAP NOFA. 4. Scope of Work The Scope of Work ("Work') for this Agreement shall include one-time uses that are consistent with Chapter 5 (commencing with Section 50210) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under SB 850 (Chapter 48, Statutes of 2018), for eligible uses, which include, but are not limited to, one or more of the following: Hom ft®rr9@mcy Aid Program 23 — 17 Contractor'WhitM2 lk NOFA Data: 09/05/2018 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Page 2 of 3 Standard Agreement EXHIBIT A A. Services, B. Rental Assistance or Subsidies, C. Capital Improvements, D. Homeless Youth Set -Aside, E. Administrative Costs, and F. Other 4. Agency Contract Cogrdinator The Agency's Contract Coordinator for this Agreement is the Council's HEAP Grant Manager or the Grant Manager's designee. Unless otherwise instructed, any notice, report, or other communication requiring Contractor signature for this Agreement shall be mailed by first class mail to the Agency Contract Coordinator at the following address: Business, Consumer Services and Housing Agency Attn: Homeless Emergency Aid Program Grant Manager 915 Capitol Mall, Suite 350-A Sacramento, CA 95814 S. Contractor's Contract Coordinator `rhe Contractor's Contract Coordinator ("Authorized Representative") for this Agreement is listed below. Unless otherwise informed, any notice, report or other communication required by this Agreement will be mailed by first class mail to the Contractor's Contract Coordinator at the following address: Contractor's Hafsa Kaka, Authorized Homeless Services Manager Representative Name: 20 Civic Center Plaza, M-26 Address: Santa Ana, CA 92701 Phone: (714) 640-4245 Email: Hkaka(dsanta-ana.org Home ftgragmcy Aid Program 23 - 18 4/6/2021 NorA D te: 09/0512018 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Page 3 of 3 Standard Agreement EXHIBIT A 6. Effective Date. Term of Agreement and Deadlines A. This Agreement is effective upon approval by the Agency (indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. B. All HEAP grant funds must be at least fifty percent contractually obligated by January 1, 2020. One hundred percent of Program funds must be expended by June 30, 2021. Any funds not expended by that date shall be returned to the Agency and will revert to the General Fund (See Health and Safety Code Section 50215). 7. Special Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure the goals of the Program are achieved. Hom I�IWI Aid Program 23 — 19 4/6/2021 NOFA D te: 09/05/2018 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 1 of 3 EXHIBIT B BUDGET [DETAIL_ AND PAYMENT PROVISIONS Homeless Emerapnew Aid Pro ram HEAP 1. E3-ardget De it The Contractor agrees that HEAP funds shall be expended on one-time uses that address immediate homelessness challenges. Consistent with the application submitted by the Contractor on September 28, 2018, the Business, Consumer Services and Housing Agency ("Agency") shall award funds in the form of a grant for the following eligible activities: A. Capital Improvements: $3,321,797.26 B. Services: $0.00 C. Rental Assistance or Subsidies: $0.00 D. Homeless Youth Set -Aside: $184,544.29 E. Administrative Costs: $184,544.29 F. Other: $0.00 Total HEAP Award Amount: $3,690,885.84 2. General Co ditions Prior to Disbursement General Requirements — All Contractors must submit the following forms prior to HEAP funds being released: A. Request for Funds Form (RFF), B. Four original copies of the signed STD. 213 form and initialed Exhibits A through D, and C. Any other documents, certifications, or evidence requested by Agency as part of the HEAP application. 3. Denditure of Funds Specific requirements and deadlines for contractually obligating and expending awarded funds are defined in the HEAP statutes. Health and Safety Code Sections 50214 and 50215 mandate the following: A. No more than five (5) percent of HEAP funds may be used for administrative costs related to the execution of eligible activities. B. No less than five (5) percent of HEAP funds shall be used to establish or expand services meeting the needs of homeless youth or youth at risk of homelessness. C. No less than 50 percent of HEAP funds shall be contractually obligated by January 1, 2020. D. One hundred percent of HEAP funds shall be expended by June 30, 2021. Homes EtmMacy Aid Program 23 — 20 Contractor's fmfove NOFA Date: 09/05/2018 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 2 of 3 EXHIBIT B E. Any funds not expended by June 30, 2021 shall be returned to Agency and will revert to the General Fund. Homeless Coordinating and Financing Council ("Council") staff will provide ongoing technical assistance and training to support Contractors in successfully complying with these requirements and deadlines. HEAP funds may not be obligated and expended prior to the effective date of this Agreement or prior to Contractor's receipt of HEAP funds, whichever date is later, even if it is for an eligible use under the statute. Program funds shall be expended in compliance with the requirements set forth in Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other relevant provisions established under SB 850, the NOFA, and this Agreement. 4. Disbursement of jFunds HEAP funds will be_disbursed to the Contractor upon receipt, review and approval of the completed RFF by Agency, which will then forward the RFF to the State Controller's Office ("SCO") for a check to be issued. The RFF must include the proposed activities and amount of funds proposed for expenditure under each eligible use. HEAP funds will be disbursed in a single allocation once the RFF has been received by the SCO. S. Budget Changes After the effective date of this Agreement, the Contractor agrees that no changes shall be made to the Contractor's HEAP budget, funded homeless service providers ("subrecipients"), or eligible activities listed in the RFF without first obtaining approval from Agency. Any changes to this Agreement must be requested by the Contractor in writing through submission of a Change Request Form. Changes must be approved in writing by Agency. 6. Ineligible Costs HEAP funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code Section 50214. Agency reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement. If the Contractor or its funded subrecipients use HEAP funds to pay for ineligible activities, the Contractor shall be required to reimburse these funds to Agency. Hom �lgocy Aid Program 23 — 21 4/6/2021 NOFA D te: 09/05/2018 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 3 of 3 EXHIBIT B A. An expenditure which is not authorized by this Agreement, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Contractor. B. Expenditures for activities not described in Exhibit A or Paragraph 1 above shall be deemed authorized if the activities are consistent with Health and Safety Code Section 50214 and such activities are included in the approved RFF or are approved in writing by Agency prior to the expenditure of funds for those activities. C. Agency, at its sole and reasonable discretion, shall make the final determination regarding the allowability of expenditures of HEAP funds. D. Program funds shall not be used for overhead or planning activities, including Homeless Management Information Systems or Homelessness Plans. 7. Administrative Costs The Contractor must comply with Health and Safety Code Section 50214, which limits administrative costs related to the execution of eligible activities to no more than five percent of HEAP funds. For purposes of this Program, "administrative costs" does not include staff costs directly related to carrying out the eligible activities described in Paragraph 1 of this Exhibit. HOFAlS'a% i]�JW018id Prograrri 23 — 22 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 1 of 9 EXHIBIT C TERMS AND CONDITIONS Homeless Emergency Aid -Program (HEAP) 1. Effective Date Commencement of Work and Completion Dates A. This Agreement is effective upon approval by Agency, which is indicated by the signature provided by Agency in the lower left-hand corner of page one, Standard Agreement, STD. 213, when signed by all parties. Contractor agrees that the work shall not commence, nor any costs to be paid with HEAP funds be incurred or obligated by any party, prior to execution of this Agreement by Agency and the Contractor, or prior to Contractor's receipt of HEAP funds, whichever date is later. Contractor agrees that the work shall be completed by the expenditure date specified in Exhibit A, Paragraph 6. B. Contractor must contractually obligate no less than 50 percent of HEAP funds by January 1, 2020. One hundred percent of HEAP funds shall be expended by June 30, 2021. Any funds not expended by June 30, 2021 shall be returned to Agency and revert to the General Fund. "Obligate" means that the Contractor has placed orders, awarded contracts, received services, or entered similar transactions that require payment from the grant amount. In the case of an award made to a general purpose local government that subcontracts with private nonprofit organizations via letters of awards and Service Provider Agreements, the Subcontractors are required to obligate the funds by the same statutory deadlines. "Expended" means all HEAP funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. C. Contractor and its Subcontractors agree that the work shall be completed by the expiration date specified in Exhibit A, Paragraph 6 and that the Scope of Work will be provided for the full term of this Agreement. 2. Sufficiency of funds and Termination A. Agency may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Contractor. Cause shall consist of: violations of any terms or conditions of this Agreement, or any breach of contract as described in Paragraph 7; violation of any Federal or State Laws or Regulations; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Contractor shall be returned to Agency within thirty days of the Notice of Termination. B. This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. in addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other City Council 23 — 23 4/6/2021 Homeless Emergency Aid Program Contractor's Initials Lr .. NOFA Date: 09/05/2018 EXHIBIT 1 City of Santa Ana 1 B-HEAP-00007 Standard Agreement Page 2 of 9 EXHIBIT C laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 3. Transfers Contractor may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except with the prior written approval of Agency and a formal amendment to this Agreement to affect such subcontract or novation. 4. Contractor's Application for Funds Contractor has submitted to Agency an application for HEAP funds to provide urgently needed emergency assistance to homeless people in communities with a declared shelter crisis or applicable waiver as authorized by Health and Safety Code Section 50212(b). Agency is entering into this Agreement on the basis of, and in substantial reliance upon, Contractor's facts, information, assertions and representations contained in that Application, and in any subsequent modifications or additions thereto approved by Agency. The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. Contractor warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of Contractor's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Agency approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Agency may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 5. Reportina/Audits A. The Contractor shall submit an annual report to Agency on forms provided by Agency, by January 1, 2020 and January 1, 2021. If the Contractor fails to provide such documentation, Agency may disencumber any portion of the amount authorized by this Agreement with a 14-day written notification. The Contractor shall also submit a final report by September 30, 2021. B. The annual report shall contain a detailed report containing the following: 1. Amounts awarded to subrecipients with activity(ies) identified. 2. Contract expenditures. 3. Unduplicated number of homeless persons or persons at imminent risk of homelessness served. Homeless Emergency Aid Program NOFA"ECOffiW?018 23 — 24 4/6/2021 EXHIBIT 1 City of Santa Ana 18-NEAP-Ooo07 Standard Agreement Page 3 of 9 EXHIBIT C 4. Number of instances of service (defined in September 5, 2018 HEAP NOFA. 5. Increases incapacity for new and existing programs. 6. The number of unsheltered homeless persons becoming sheltered. 7. The number of homeless persons entering permanent housing. Breakdowns will be expected for each activity (i.e. services, capital improvements, rental assistance, etc.) and program type (i.e. emergency shelter, rapid re -housing, outreach, etc.) for the supplemental reporting requirements listed above, when applicable. The same information will also be requested specifically for the following subpopulations, based on priorities defined by the U.S. Department of Housing and Urban Development (HUD): 1. Chronically homeless 2. Homeless veterans 3. Unaccompanied homeless youth 4. Homeless persons in families with children Counts by subpopulation will not be required in cases where that information is unavailable, but it is expected in cases where client information is entered in a Homeless Management Information System (HMIS). Additional breakdowns for other subgroups (e.g. race, ethnicity, disability status, etc.) are optional, if the Contractor chooses to include them. The Contractor will also be asked to comment on the following: 1. Progress made toward local homelessness goals. 2. The alignment between HEAP funding priorities and "Housing First" principles adopted by the Homeless Coordinating and Financing Council 3. Any other effects from HEAP funding that the CoC or large city would like to share (optional). C. Agency reserves the right to perform or cause to be performed a financial audit. At Agency request, the Contractor shall provide, at its own expense, a financial audit prepared by a certified public accountant. HEAP administrative funds may be used to fund this expense. 1. If a financial audit is required by Agency, the audit shall be performed by an independent certified public accountant. 2. The Contractor shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. 3, The Contractor is responsible for the completion of audits and all costs of preparing audits. 4. If there are audit findings, the Contractor must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the Homeless Emeraenev Aid 23 — 25 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 4 of 9 EXHIBIT C audit finding report. 6. Retention and Inspection of Records A. The Contractor agrees that Agency or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. The Contractor agrees to provide Agency or its designee, with any relevant information requested. The Contractor agrees to permit Agency or its designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other materials that may be relevant to a matter under investigation for the purpose of determining compliance with the Chapter 5 of Part 1 of Division 31 of the Health and Safety Code and all other applicable requirements established under SS 850, HEAP program guidance document published on the website, and this Agreement. B. The Contractor further agrees to retain all records described in Paragraph A for a minimum period of five (5) years after the termination of this Agreement. 1. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 7. Breach and Remedies A. The following shall each constitute a breach of this Agreement: 1. Contractor's failure to comply with the terms or conditions of this Agreement. 2. Use of, or permitting the use of, HEAP funds provided under this Agreement for any ineligible activities. 3. Any failure to comply with the deadlines set forth in this Agreement. B. In addition to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: 1. Bar the Contractor from applying for future HEAP funds; 2. Revoke any other existing HEAP award(s) to the Contractor; 3. Require the return of any unexpended HEAP funds disbursed under this Agreement; 4. Require repayment of HEAP funds disbursed and expended under this Agreement; 5. Require the immediate return to Agency of all funds derived from the use of HEAP funds including, but not limited to recaptured funds and returned funds; Homeless Emergency Aid Proaram NOF"ErM 018 23 — 26 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 5 of 9 EXHIBIT C 6. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with HEAP requirements; and 7. Seek such other remedies as may be available under this Agreement or any law. 8. All remedies available to Agency are cumulative and not exclusive. 9. Agency may give written notice to the Contractor to cure the breach or violation within a period of not less than 15 days. 8. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Contractor of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Agency to enforce these provisions. 9. Nondiscrimination During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a--f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 10.Conflict of Interest All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not Homeless Emergency Aid Program N0FtR9t1n8WR&(F018 23 - 27 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agr®ement Page 6 of 9 EXHIBIT C limited to, Government Code section 1090 and Public Contract Code, sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to the contract while employed in any capacity by any State. agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy -making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Contractor: Employees of the Contractor shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of Interest provisions of the California Political Reform Act, Government Code section 87100 et seq. 11. Dru -Free Workplace Certification Certification of Compliance: By signing this Agreement, Contractor, and its subcontractors, hereby certify, under penalty -of perjury under the laws of State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: A. Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355(a)(1). B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 23 — 28 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 7 of 9 EXHIBIT C 2. Contractor's policy of maintaining a drug -free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement: 1. Will receive a copy of Contractor's drug -free policy statement, and 2. Will agree to abide by terms of Contractor's condition of employment or subcontract. 12.Child Sup ort Compliance Act For any Contract Agreement in excess of $100,000, the Contractor acknowledges in accordance with Public Contract Code 7110, that: A. The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 13. Special Conditions — Contractors/Subcontractor The Contractor agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Contractor shall ensure that all Subcontractors are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HEAP funds. Failure to comply with these conditions may result in termination of this Agreement. A. The Agreement between the Contractor and any Subcontractor shall require the Contractor and its Subcontractors, if any, to: 1. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable. 2. Maintain at least the minimum State -required worker's compensation for those employees who will perform the work or any part of it. Homeless Emeraencv Aid Program NOFPdqq^M018 23 - 29 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 8 of 9 EXHIBIT C 3. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Contractor or any Subcontractor in performing the Work or any part of it. 4. Agree to include all the terms of this Agreement in each subcontract. 14. Compliance with State and Federal Laws Rules Guidelines and Regulations The Contractor agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HEAP program, the Contractor, its Subcontractors, and all eligible activities. Contractor shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Contractor shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Contractor shall provide copies of permits and approvals to Agency upon request. 15.Inspections A. Contractor shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable Federal, State and/or local requirements, and this Agreement. C. Contractor agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient or Subcontractor until it is corrected. 16. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable. Homeless Emeraencv Aid Proaram NOF"C. gWAW018 23 — 30 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 9 of 9 EXHIBIT C B. The Contractor shall notify Agency immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Agency. Homeless Emerqency Aid 23-31 4/6/2021 EXHIBIT 1 City of Santa Ana 18-HEAP-00007 Standard Agreement Page 1 of 1 Exhibit D SPECIAL TERMS AND CONDITIONS Flomeless Emer enc Aid M am H AP 1. All proceeds from any interest -bearing account established by the Contractor for the deposit of HEAP funds, along with any interest -bearing accounts opened by Subrecipients to the Contractor for the deposit of HEAP funds, must be used for HEAP -eligible activities. Consistent with Health and Safety Cade Section 50214 (b), no more than five (5) percent of these proceeds may be used for general administrative purposes. At least five (5) percent of these proceeds must be allocated to establishing or expanding services for homeless youth, as defined in HEAP Program documents. 2. Any housing -related activities funded with HEAP funds, including but not limited to, emergency shelter, rapid -rehousing, rental assistance, transitional housing and permanent supportive housing must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institution Code Section 8255(b). HomOtvg Etoergeilcy Aid Program 23 - 32 Contractorw4lac NOFA Cate: 09/05/2018 EXHIBIT 1 EXHIBIT B SCOPE OF WORK Subcontractor will utilize S 184,544.29 in HEAP funds to support 01-311ge County United Way's WelcomellomeOC landlord incentive program in housing the Santa Ana housing Authority's Poster Youth to Tndependence (PYT) voucher holders. WelcoincHotnCOC helps homeless individuals with rental voucher; to secure housing in private market apartments with the goals of increasing available rental units through landlord outreach, engagement and incentives, (2) reducing the length of time between voucher issuance and lease up, (3) assisling PHA's to increase voucher lease up success rate and (4) permanently housinuo 110111CICsS houscholds- HEAP will support incurred costs related to supporting the new FYI voucher holders including security deposits, furnishings, application fees, holding fees, moving costs, utility deposits, Tema-', insut-ancc, proper-ty owncr-honuscs, and mitigation Nhich is cstimatcd to cost approxiniatel-v S 15,000 per voucher holder Conu,actor shall make payments to Subcontractor based on reimbursement of incurred costs for each FYI voucher leased, up to the maximum am0unl ol'eligible lunding. Suheoniaclor will provide invoices to the ContraCLor- 11 City Council 23 — 33 4/6/2021 EXHIBIT 1 EXHIBIT C. BUDGET United to End tiommelessness-fticom aftmeOC Bud ry SAHA FYI Housina and I ancoord Detail Casf for 14 Security D)eposims 2 months x 5VN (awe 4 bedroomy $34001HH 5 47,600 piliralion Fees $451HH S: 630 Unit Holcmg Fees $2200average baldingifeelHH S 30,800 Basic Fumniskings MOO (refdgerame, bed, bedding„ table, seatingjlHH 8. 32,200 Mavmg Costs/Flexible Funding Moving, costs., storage amsts, othef lwusdng stabdlizaton. teats $ 12,0871 Renders Insurance $1I451HIH $ 2,030 Property Caner Bonfuses $500 bonus for signing ieasePHH S: 7,000 Mitigation Fund $3;000UHIH fot 10%of HH gwtmckded. due m. expedienmy ntexpediWmss $ - Totad. Housingand landlord Incentive Expenses 5 132,347 Supportive Services Expenses Case Managenyent Case management and mfenals for one year Funded Total Supportive Services Expenses $ - Proaram. Expenses Hausmg WavgatiorafPlaoemenm Sala.mes., BeneFim, and Payroll Taxes@ $17801HH 8. 24,920 Program Implementation Outreachto landlords marketing, IT Guppom @ $7501HH. $. 10,500 Total Program Expenses 5. 35,420 Subtotal 5 167,167 lndirecdAdminstrative Costs (1O%} 5 16,7T7 ToW Expawait ` A 11 ,544' Cost Per llauseMd4 $12,M, 12 City Council 23 — 34 4/6/2021 Community Development Agency https://www.santa-ana.org/cd Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Regional and Unified Local Workforce Plan for PY 2021-24. AGENDA TITLE: Approve the Regional and Unified Local Workforce Plan for Program Years 2021-2024 RECOMMENDED ACTION 1. Approve the Regional and Unified Local Plan for Program Year 2021-2024 and authorize staff to submit to the California Workforce Development Board and State of California Employment Development Department. 2. Authorize the Mayor to sign all documents necessary for the submission of the Regional and Unified Local Plan for Program Year 2021-2024. 3. Authorize staff to make non -substantive changes to the Regional and Unified Local Plan in response to public comments received or as requested by the California Workforce Development Board and the State of California Employment Development Department. DISCUSSION At its regularly scheduled meeting on March 18, 2021, the Workforce Development Board, voted 14:0 (Elliott, Knitter, Korthuis, Perez absent) to forward the recommendation to City Council to approve the Regional and Unified Local Plan for Program Years 2021-24. The California Unified Strategic Workforce Development Plan (State Plan) is an overarching state policy document that provides a conceptual outline for Local Workforce Boards and their partners as they jointly develop Regional and Local Plans. The State Plan policy objectives, developed in collaboration with Workforce Innovation and Opportunity Act (WIOA) partners and Local Boards, drive towards the shared vision of creating a comprehensive system that impacts poverty, promotes income mobility, and embeds equity as a cornerstone of service -delivery. As outlined under WIOA Section 106, Regional Plans provide a roadrnap for alignment of resources and investments to meet specific outcomes within the 15 Regional Planning City Council 24 — 1 4/6/2021 Regional and Unified Local Workforce Plan for PY 2021-24. April 6, 2021 Page 2 Units (RPU). Regional Plans are used to articulate how RPUs will build intentionality around industry sector engagement, drive workforce development outcomes across multiple jurisdictions, and expand on -ramps to career pathways for individuals who experience barriers to employment. As outlined in WIOA Section 108, Local Plans provide an action plan for operationalizing the roadmap laid out in the Regional Plan by describing how individuals access services through the America's Job Center of California (AJCC) system. Local Plans are used to articulate how Local Boards will coordinate with local partners to ensure person -centered service -delivery. In alignment with the State Plan, the draft Regional and Unified Local Plans (Exhibit 1) focus on the development of partnerships to create a coordinated service delivery approach to targeted populations, including individuals with barriers to employment and hard to serve populations. In order to develop a Regional Plan that represents all the moving parts involved in the workforce system, the Directors and staff from the Anaheim, Orange County and Santa Ana Workforce Boards (Orange Region Planning Unit- ORPU) proactively engaged leadership of key partners identified in the Regional Plan through a series of community stakeholder engagement sessions held in January 2021 collectively approaching leaders and decision makers as one workforce system. For this reason, the ORPU also collaborated on the preparation of a Local Plan to develop a Unified Local Plan. The Regional and Unified Local Plan was available for a 30-day public review and comment period that closed on April 2, 2021. If the plans receive comments that require substantial edits, staff will bring them to the City Council's attention. Otherwise, the Regional and Unified Local Plan will be submitted to the State by the April 30, 2021 deadline. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Regional and Unified Local Plan PY 2021-24 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 24 — 2 4/6/2021 I sr_ - 2024 anal Pl ORANGE IONA I m,mm PLANNING /��ll !/��ll���14/6l alRl� "�lllpnrlr7� �� /�111� �Imri�I�rrnrirl l Orange County Workforce Development Board Carma Lacy, 714-480-6420, canna.lacy@occr.ocgov.com Santa Ana Workforce Development Board Deborah Sanchez, 714-565-2621, DSanchez@santa-ana.org Anaheim Workforce Development Board Marco I ucero, (714) 76S-4341 , MI ucero@anaheim.net ANAHEIM WORKFORCE oraooe cowry woa�o.ce ne•e oomom uoea Fl wt*a.OiuJY [o vro Ceun1Y Ol OrJnge �/ f"" SANTA ANA WORKFORCE DEVELOPMENT BOARD City Council 24 — 3 4/6/2021 WSWOU"a 1i Reginnnl Plan Cnntent 2A. Analytical Overview of the Region........... 2B. Fostering Dernand-Driven Skills Attainrnent. 2C. Enabling Upward Mobility for All Californians 2D. Aligning, Coordinating, and Integrating Programs and Services......... Appendices :............ 3A. Stakeholder and Community Engagement Summary..... 3B. Public comments received that disagree with the Regional Plan........ 3C. Signature Page City Council 24 — 4 4/6/2021 f IWMUOJ i"i1i 2A. ANALYTICAL OVERVIEW OF THE REGION The Orange Regional Planning Unit (RPU) is comprised of three local Workforce Development Boards (WDBs) serving 34 cities and several large unincorporated areas in Orange County (OC). The RPU includes the Anaheim Workforce Development Board, which serves the City of Anaheim, the Santa Ana Workforce Development Board, which serves the City of Santa Ana, and the Orange County Workforce Development Board, which serves the remaining 32 cities and unincorporated areas of Orange County. Orange County is the third -most populous county in California (3,193,929 people)' and the sixth -most populous in the nation. The region's population has increased by 1.4% since 201S, growing by 44,649 people. Orange County had experienced several years of job growth and economic vitality, resulting in record -low unemployment rates before the COVID-19 pandemic. The pandemic has since derailed this long streak of growth and the long-term social rypppp and economic impacts remain to be seen. Orange County's �������','i������VUG�9WV��I.�Pf.,�����M�INMlvpalYlvpalYlvpalYlvpalYlvpalYlvpalYlvpald Gross Domestic Product (GDP) increased annually since 2015 S 225,178,78T00 2009 to 269.2 billion in 2019.2 Orange County's economy 2016 $ 234,OS3,392.00 ranked 31" in California and glh nationally in 2018 based on 2017 $ 247,314,645.OD its GDP. Orange County has employed 1,598,700 in $ 256,981,87TOD nonfarm jobs as of December 2020. The median household 2019 $ 269 229 770.00 income was $85,400 in 2018, $25,100 above the national average.' Orange County is experiencing demographic shifts that have economic and worktorce implications. Over the next several decades, Orange County's senior population will increase significantly while working -age populations fall. According to the California Department Orange County Projected Population Change of Finance (DDF), estimates show seniors 65- between 2020-20604 74 will increase by 17.75%, 74-84 group by Bs, 65.7%, and 85 or older will increase by 71-M4 268.7%Y The population change will likely 6S-74 require increased employment in health care 20-64 I and other senior service occupations. 5-19 Simultaneously, the shrinking working -age n-4 1 population could impact economic 0 ;0 100 1.0 200 2so 300 prosperity and cause more challenges for Sourre Calirnrn`a Department at Finance, Demngraphlr employers filling open positions. ' CMSI Lobo( Mmkct Anolyr,cs, 2021, wwwcconomicmodchng.com. l "GDP: U..S. Bureau of Emnnmir Acolysis (BEA).' CDP / U..S. Bureau of Ernonow Anolysis (BEA), www. hen.gnvldnm/gdp. 'EMS] Lobo Mo(ket Anolyrics, 2021, www. cc onontianodolmg.com. City Council 24 — 5 416/2021 WSWOU"a 1i Ethnic diversity in Orange County is high. The national Racial/Ethnic Breakdown 2020 average for an area the size of Orange County is 1,266,736 racially diverse people, while there are 1,910,690 in OC.A inwhitp 2%sr Orange County's diversity is projected to continue to grow v Ilispanic through 2060. Whites (39%) and Hispanics' (34%) make up zz% the largest percentage of the Orange County population, with Asian the Hispanic population growth between 201S and 2020 at Black 19%, while the white population declined by 4%.a Growing other diversity will increasingly be a key workforce and economic """' "I. °`"''"""'»""`'°" development advantage for Orange County. Diversity often creates an environment where the exchange of ideas, strategies, and viewpoints fuel innovation and entrepreneurship, contributing to sustained economic success. Racial diversity challenges local education providers and workforce development to support English learners' success by improving program support and creasing innovative programs such as vocational ESL programs. Non -English language speakers represent 4S.S% of Orange County residents, which is higher than the national average of 21.9%. In 2018, Spanish was the most common non-English language spoken, with 24.8% of Orange County residents being native Spanish speakers. Vietnamese (6.44%) and Chinese (2.94%) are the second and third most common languages.7 Industry employment which includes self-employment, private household workers, farm and nonfarm jobs in Orange County, is projected to reach 1,853,600 by 2026, a 9.3% increase over the ten-year projection period of 2016 to 2026. Twelve of the 13 nonfarm industry sectors are projected to grow during this period. Growth by Industry Sector Educational Services (Private), I Iealth Care, and Social... n38,400 Professional and Business Services n23,200 Leisure and Hospitality n27,400 Cnnstrurtinn o 19,000 Govcrnmrnt I wwxxxxxxxa 6,700 Financuil Activities ul .rvvvvvvvfl 5,700 Retail Trade ul.rmvvvvan 5,100 Transportation, Warehousing, and utilities IYEewxxx#F 4,1 no Other Services IYEeawlo 3, lot) Information I ,,wrcn 2,1)00 Wholesale Trade I an 2,800 MdnufllChL ing o,,.: 1,000 Sour(e: FIA) I abor Markel Information Total nonfarm jobs are projected to gain 145,000jobs by 2026. Significant job growth is projected in four industry sectors with educational, health services, and social assistance, leading to °uwSl innnr Mn,krrAnolyrics, 2021, www. eronnmicmndehng.com. 'tMSI L0b0f Market Analytres, 2021, www.econom¢modeling. cam, Hispanic population induce, all races that identify as Hispanic. "EMS? Labur Market Anolyt,L , 2021, www.econornicrnadeling.curn. Burp ill, US (_PnS115. "Amp nra l (_OmIT 1llty St Ivey Oaia Re l eases.TJIB Unap .5rorps Censuli Biirpau,.11 J'.P.y 2020, W Ww.rPn415.gov/programs- surv2y,/acs/news/data rclmses.201a.Ittn11. City Council 24 — 6 4/6/2021 Nswou"a 1i expected gains of 38,400 jobs, with 17,300 projected to be in ambulatory health care services. Professional and business services is projected to add 28,200. Leisure and hospitality is projected to grow by 12.9%, adding 27,400 jobs. Construction is projected to add 19,000 with 13,700 of the jobs in the specialty trades subsector.R The top five fastest -growing industry sectors are construction (19.5%), health care and social assistance (18.9%), leisure and hospitality (12.9%), information (11%), and professional and business services (9.5%). 9 The industry sectors that added the most jobs between 2017 and 2020 are represented in the chart below. •o��nnM,�.,,11lllMld'dak�A����1����� �A''��II i I ��d�.�ij`J' f d 4d� "." �„nnnrmlpa mI .�„ndHitldpaf mn orlvdaif l aIY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpall..��„n Ip mipaf Ivp .�„I,n io I" m*,4ivp j�� .�„nnnidfjk6�O(I 1" 62 Reallh care and 3oclal A6sislarlce 19f,,2s0 209,045 12.755 56 Administrative and Support and Waste Management and 15:3,58:1 169,619 4,099 Remedialion Services 54 Professional, Scientific, and Technical Services 151,234 166,909 5,674 S.`. Management of CumpanleS and Lnterprines 33,32U 3(,!13: 4,61E l3 Cunslmu limn 191,841 19)n,428 3,b31 SourceEMSI Labor Market Analytics, 2021 Orange County is a thriving hub for medical device companies and cutting -edge industry sectors, including life sciences, information technology, digital arts and media, and advanced manufacturing. It is also known for its growing ecosystem of entrepreneurship and innovation. Many Southern California startups work on virtual and augmented reality, cybersecurity, biomedical science, bioengineering, medical imaging, medical device, and environmental health technologies. Over the next several years, Orange County is poised to be at the center of emergent industries based on educational and intellectual assets in the region. The county's most robust traded clusters with a high employment specialization in the area are medical device manutacturing (US Ranking 1), lighting and electrical equipment manufacturing (US Ranking 2), apparel manufacturing (US Ranking 3), information technology and analytical instruments manufacturing (US Ranking S), and financial services (US Ranking 6).10 2Ai. Provide an analysis of current employment and unemployment data. Orange County had a positive economic outlook before the impacts of the COVID-19 pandemic. In January of 2020, Orange County had an unemployment rate of 2.9%, the lowest in Southern California. In the preceding 12 months, the county's unemployment rate had not exceeded 3.1%. Before California's first statewide stay-at-home order issued in March, closing all nonessential businesses and restaurant dining, the unemployment rate stood at 2.8%in February of 2020. The economic disruption from COVID-19 resulted in steep job losses, with the unemployment rate quadrupling at its peak of 14.7% in May 2020, the highest unemployment rate ever recorded for ° Labor Market Informmtfon, bllD, 2021, www.labormarketmfo.edd.ca.gov 'Lobar Markel lnfummfiuri, EDD, 2021, www.Iabur inarkelinfo.edd.ce gov 10 "L1.5. Cluster Mapping: Ma ntring a Nation of Regional Clusters." U.S. Cluster Mapping I Mapping a Nation nJ Reginnal Clusters, www.c. ustennapping.us/. City Council 24 — 7 4/6/2021 WSWOU"a 1i Orange County. The rates slowly declined to 6.4% in November 2020 before ascending to 7.4% in December 2020 when regional stay-at-home orders went back into effect. This rate compares with an unadjusted unemployment rate of 8.8 percent for California and 6.5 percent for the nation during the same period." Orange County 2020 Monthly Employment. Unemployment, and Unemployment Rate ^eJi/A n A i�Ul/ 119A 1i14 �1]. (TY i._.n ].ItA ]3�aIX 11d iPl ]/]!Vi ]I:LllR yr _.lu. im. .in �Mu 1�c fix inn YS'i x.x err. (a.a ieq Concentrated job loss in hospitality and tourism stung more sharply in the Orange County region due to its economic dependence on tourism. In 2019, a record 50.2 million travelers visited Orange County, spending $13.0 billion", however with the continued closure of major tourism sites, especially Disneyland Park, the leisure and hospitality industry and surrounding cities remain heavily impacted. The percent of unemployment by industry sector shows a grim picture for industries that rely heavily on tourism. As of November 2020, retail trade had the highest unemployment numbers at 16,063, and accommodation and food services had 10,815 unemployed. Other industries with high numbers of unemployment include Health Care and Social Assistance (11,628), Manufacturing (11,215), Construction (9,371)." " Lubur Murkcl Ina1w,tw, iun, EDD, 2021, www.l zburrnarlmtinlu. uddcz.guv/data/Irni by subjccls.hlrnl. " Orange County Visitors Association, 2019, Orange County Visitors Assocation 2019-2021 Destination Marketing Plon, www. travelcastamesa. cam/vtsittlleoc/wp-conrenr/uploads/2019103lMar lteting.pdj. " E145/ Labor Market Anolytics, 2021, www.ecunomicmudel`ng.tom. City Council 24 — 8 416/2021 Mwou"a i"i11 Percent of Unemployment by Industry Sector November 2020 Agnru',ture, Forestry, F shing and Hurn ng 1%. b5% Mining, Quarrying, and O`I and Gas Extraction -^"y 14f u6 Util`ties i To u°L CUnstructiUn 7%. Manufac-wi[It nldn'hhhpp 10'M 1196 Whulc,,lc Trade h 3M ReLad1 Trade 1G'M ransp6rLSLi6n and Warcheusl nR h of+>rdi9/b79/9/9/9/9/9/9/9/9fll S,)6 2% Information h 4% finance and Insurance �qn Rea'., Fstate and Rental and I easing h ; 21 I I'rcifess,on ai, �ci Pntlfl c, anJ loch ii raI $PrvirPS ax I� "]>rA'rpf/flk Q% Management of Compa '.es and Enterprises HUI p F; Administrat9ve and Suppolz and Waste nlddhhtl0� 4 0% IN, Educational Services nlddhhtlpp '4°� 5°5 Health Care and Social Assistance nlddhhtlpp ,r>ra1pd111% 135b ArL, EnLerLainmen L, and ReoeaLiurl nlddhhtlpp II 2?0 SK ACeUInlnudS bOn 5nd Fouo Service, nldAhhtlh� .ralal4d/f/f/f/f/f/f/f/fl!' 74"6 uss Other Services (except Rubhc Adminottatlon) " S ro Govclrvncnl Rr@rnao 1',+' 1% No Vreuimic Wnrk IwPPrlen[e(Ilnsprri rierl Ua4 d� t O'y 5% 10'$ is% Iu %of National Unemployment ■%of Regioal Unemployment Smnic: FMSI IAur Melk,rL Analv,,>. 2021 The pandemic -induced recession caused a loss of 267,600 nonfarm jobs between February and April in Orange County- The employment loss between March and April of 2020 alone was 225,800, the largest ever recorded in a single month. All industry sectors experienced declines between February and April, but leisure and hospitality (down 102,800) accounted for 38 percent of the total nonfarm job loss during this period14. Most of the decline was between March and April, wiLh a loss of 90,300 jobs. SevenLy-seven percent of Lhe drop occurred in accommodaLion and food services (down 70,300jobs), led by decreases in food services and drinking places (down 59,800 jobs). Other significant drops during this period include arts, entertainment, and recreation, which fell by 20,000 jobs. Trade, transportation and utilities decreased by 31,400 jobs, with retail trade accounting for 66 percent of the decline (down 20,800 jobs). Wholesale trade dropped by 8,800 jobs, and transportation, warehousing and utilities decreased by 1,800 16 LUom MUrkel Infurrriabun, EDD, 2021, www. aborrnarkeLinfo.eodca.gov/da'.a/Ifni-by-subdec s h.rnl. City Council 24 — 9 4/6/2021 WSWOU"ai"i1i jobs. Professional and business services declined by 29,200 jobs. Administrative and support services, which includes temporary help firms, dropped by 18,900 jobs.11 Pandemic Job -Related Losses 16 Total Nontarm 1,677,Rn0 1,636,000 1,410,200 1,553,000 -267,600 15.9°S. 142.800 53 4w, 124,R00 Construction 105,400 100,600 96,800 107,900 -2,600 84; 11.100 1298: -2,500 Mamtarhiring 1SR,700 1S7,S00 141.200 145,M0 -is,S00 Ra,. 2,100 13S., 13400 TranSportatlan & vv:mohn,, .'g 26,/f10 21i,:100 24,:100 2%soo 2,400 ao, 5, Inn 220.H a 2,40(1 professional R Bcs. tics Service; 326,3UO 313,300 288400 318,400 37,900 12116 30,000 79'o 7,900 ECLC31 anal Services 31.500 31400 31.100 27.600 -3.100 9.o°G -3.500 -102996 6,900 HeaLn Cale&Suca Assistance 200,600 19$R0n 172.600 '_06,400 -29,000 14.0°S. 23 80n 95 Ow, 4,200 Leisure & Hospita ity 227,50u 21S,600 121,700 168,700 -102,800 45.24. 41 600 12 8', 58,8uu Other Services 90,200 44,400 33,000 41,100 -17,800 35.Oti: 8,100 45.5°. 9,700 Cavernrnent 162,700 170,500 162,000 156,100 -6,700 4.0% -5,900 -821%. 12,600 As California moves toward reopening, regional differences Jobs Recovered between May and December 2020 will contribute to the pace of irscwoo 1so,9o0 142,800 recovery. The current depth of 140,000 1ss.7o0 job losses and Orange County's 120,000 reliance on service sectors 97.s0o 100,000 means the region will have 77,4oD more ground to make up. How 8u"uoo ss,4°° 70 900 quickly businesses reopen and f0,000 rehire will depend on their 40,000 viability and how public health 20,000 8,400 risks evolve within the area. - hor sectors and companies that May 20 Jun 20 Jul 20 Aug 20 sep 20 Oct 20 Nov 20 Dcc 20 rely on in -person interaction, source. EDD Labor Market nformation the recovery pare is likely to be slower. AS of December 2020, the county recnvered 142,800 nonfarm jobs, which is equivalent to 53% of the job losses since the pandemic recession. Most industries are experiencing incremental job gains monthly. Transportation and utilities and construction jobs have exceeded pre -pandemic levels, with the largest month -over increase, up 4,200jobs- Wholesale trade gained 1,800 jobs, retail trade added 1,500 jobs, and transportation, warehousing and utilities expanded by 900 jobs." 1 i Labor Morketinfonnotion, EDD, 2021, https://www.labormar<etinto.edd. ca.gav/geography/orange countyitml tc LMSI Labor MarkcLAnalytiei, 2021, www.ccanomlemnclellne.cam. "Labor Market Information, LDD, 2021, www.labonnarketlnfo.odd.ci.pov/data/In1I by :ubjccts.htnll. City Council 24 - 10 4/6/2021 According to Opportunity Insight's Percent of workers in jobs paying $15.00 or less Economic Tracker, the drastic difference between the low and Black or African high quartiles shows that lower low, American income bracket workers are �s 5% � American Indian or disproportionately affected by the Alaska Native pandemic In Orange County, as of November 15, 2020, employment ti rates among workers in the o Native Hawaiian or bottom wage quartile (C$27K)- 20/ Other Pacific Islander decreased by 25.4%, middle Two or More RBGe5 quartile ($27K-$60K) decreased by 1.4%, and high quartile (>$60k) Hispanic or Latino increased 6.8% compared Lo January 202018. Minority residents Source: EMSI '_a bur Markel Analysis, 2021 . whin mostly held these lower -paying jobs and went into this economic crisis much more financially insecure and unstable 2Aii. Provide an analysis of the current educational and skill levels of the workforce, the current needs of employers in the region, and any relevant skill gaps between the two. Orange County is home to major universities such as the University of California, Irvine (UCI), California State University, Fullerton (CSLJF), and Chapman University. It has flour rnmmunity college districts with nine community colleges. These community colleges educate approximately 310,000 students in credit and noncredit courses each year. Orange CounLy's prirrlary competitive advantage is a talent pool of highly educated, qualified residents. In Orange County, 48.8o/ of adults over the age of 25 have an associate degree or higher, while only 14.5% lack a high school diploma. Orange County residents who possess a bachelor's degree are 6.3% above the national average, and 7.7% hnld an associate degree, which is 0.9% belowthe national average. Orange County educational Attainment " "The Economic Tracker." Economic Tracker, trackthorecovery.org/. Gr,iduatc Degr H'ghe i r<; than vih Grade. 7.8P. 9di Gradc to 1?th 6racle, b, Associate's Drgrce, 7'7X, Suurce: EMSI, Labor Market Analyr. cs, City Council 24 — 11 41612021 WSWOU"aw1 Education data covers the population aged 25 years or older, indicating the highest level of education achieved. Inequitable access to postsecondary education is a persistent problem. One way In which this manifests Is 2015 Educational Attainment by Race/Ethnicity through widely varying 600,000 educational attainment across race and ethnicity. California's s02,000 Post -secondary to Prosperity 400,000 Dashboard shows only 16% of 300,000 Latinx residents hold a four-year 700'000 degree. The dashboard also 100,000 6rrrrrrr shows that most Latinx lull WIIIIIOIIIIWII IIII Hispanic Asian Whitt Othcr Black residents have n0 college ■_ess Than High School High Schou Diplurna Co'ege Degree experience (59%), greater than all othergr-oups.10 The most popular majors in Orange County are Liberal Arts and Sciences (21,289 and 25%), Business Administration and Management (8,251 and 10%), and General Psychology (8,251 and 3%). Orange County Regional Institutions Program Completions 20 L!bcra'. Arts and SCicneci/L'. bcral 24.0101 Studies 9.762 10444 11.289 11.090 21.289 Business Adnn n`straeon and 52.0201 Management. Ce eral 7,093 7,992 7,914 7,758 6,251 42.0101 Psycnology, General 2,145 2,208 2,138 2,462 2,617 :111.U1U1 Hiningiral and PnyS. cal Sr'. enre5 1,U45 1,TIU 1,154 1 44t1 1,91M Registered Nursing/Registered ]1.3801 Nursc 1,366 1}23 1,/31 1,G]S 1,844 Speech Cunnnunica Liun no 9.0101 Rhetor.c 1.325 1401 1.541 1.524 1.601 45. 1101 Sociology 1,041 1,025 1,141 1,296 1,221 11.0701 Computer Science 502 310 020 1,122 1,271 Biology/Biological Sciences, 26.0101 General 1,101 1,(156 1,015 1,083 1,200 No'..I Techn-cian/Special'st ano 12.041 Iwanil-L.1 A 965 1,195 1,230 870 1,163 Employer need in the Orange County region is based on job posting and employment data analysis, and educational programs' completions. Per _ the two -digit Standard � =0 Occupational Classification 616 Prc,yrams 8t.6S C naocbnt. 20191 14,A'.'Op, - r ( � , �esrzo197 (SOC) code group, there are twenty-four occupations 19 "P2P Regions." Catornia Competes, cal`torniacompetesorg/p2p/regions7region-orange. CMS] Labor Market Analyncs, 2021, www.oconontianodcli ig.coin. City Council 24 - 12 4/6/2021 .f�'l."IIii"i11 and 610 programs in the region of study that may train for these occupations. Of these programs, there were 86,656 program participant completions in 2019 and 196,852 job openings that needed to be filled. Identified in the table below are the occupations with the highest projected skills gap for Orange County between 2015 and 2025. This analysis indicates a continued need to identify strategies to fulfill training needs in various high -gap occupational areas. The research includes data based an the following: • Occupations where the 2020 median income hourly wage is higher than $16.00 an hour • Openings greater than 10 (openings represent replacement jobs and Bureau of Labor Statistics(BLS) growth estimates) • Entry-level education that was greater than a postsecondarynondegree award and equal to or less than a bachelor's degree • Top 15 occupations with a skills gap greater than zero (skills gap is the ditterence between the projected openings and completions) • The Openings figure estimates the change in growth and replacement jobs (Growth + Replacements = Openings). Growth captures the change in the total number of workers employed in an occupation. At the same time, replacementjobs are estimates of workers permanently leaving a career and needing to be replaced by new hires. A combination of both numbers indicates total openings. Skills Gap by Occupation22 8uotleet i,, Al,.,.nng, .r.)d So to ro.IcdE. 43-3031 2g984 20,503 f3&1) 13058 1-1,243 676 12.567 $22.58 rwaiti nC Cleras no degree Texan. nk As.si,o..s, Cxceul So 0e01,dE. 25-0045 11,752 12,207 155 5,678 7,591 45 7346 51753 I'ostseconoary to degree n.awa dT actor rran.rTmck P/'� ccmday 533032 Y0,600 10,908 408 5433 6,891 183 6,759 .22,92 C rluers tlegree P....crund," 311121 KU1- Accicvnr 9,54E 10594 1,049 5.118 7,441 1.178 G.M3 G1G 75 nond�re. Pu.,,..cru d,,, 31-1U92 Medic. Ass'. starts 8,b2d 9,5".a 92U 4.4/b 6,49E 2.13b 4Alu $ll bl '00desree ,n Postsecondary it �Irlll NI]<UeP lrl<rani CfG 4114 h4X`I //� /,h.fi At11 =. lnl/ %,`I1M1 C1M1`Ifi indCtlree Associate 234011 PalaleCals and teCal Assistants 4,308 4,bn2 364 2,143 3.b09 114 1.835 S22 i1/ ]cgm 49 3023 Auto not ve sel ce IeCh0 CldoS 6,645 6,526 (119) 2,%7 3435 608 2,827 C2199 eostseco)aary .md Nlotlrtnlc, nrtnrmgro vosTseco,dary 31-9091 Dental Assstantc 5,617 5,799 182 2,94E 3,54E 1,295 2 353 C19 39 nondegu. 'one Co IC?.g, 43-4151 UrdCr Clerks 3,57E 3,337 (210) 1,926 2,211 41 2,170 <1734 n deer,. n0a,T 1F., Air ronditioil ip. aT'id k, ..rnntlory 49-9021 O etrlgeranlon MecGanle a rd 3,944 4.182 228 1.727 2,2,4 2G2 2092 5290G Monde Six I) all s C 11"L ter Umr S.".1L cu'.IeEe. 13-1 3 1,826 8,2-4 418 2.690 3,/24 164/ 20// '26.3b SPEC', 'e C deCreE L¢r-u PI -Li-. ono_. LILLO P i unday 29-20bl 5,214 8,894 CEO 2.2]4 . tlOf 2TOnal AV«ES npn(VE�rPE " CMSI Labor Market Analytics, 2021, www.economlanodoli ne..com. City Council 24 - 13 41612021 f IWMUOJ "i11 I elecommu ,,nons Lq,i)me it pn;r:rrnnrhry 4g2022 Ir ,;,ncr R t.du-r:,rzro-,1 2,127 Jpg9 ()2E1 111g 111i 0 1,111 ,`,2g41 Line Insta le L rlora....d:nu] nccuunL_ 11-3U13 Lngineerr. ng lachio'. ogisis ano 2,21J2 2,211 1� )1] 1,121 1 1.121 $3084 A—U-1o, agree TttnnlGan: The top three hard skills requested by employers in job postings between January 2020 to January 2021 were accounting, auditing, and customer relationship management. The following charts show the top common hard skills and the top common skills in relation to the frequency Lhese skills appeared in job seeker profiles. Top Hord Skills Acc-�unl nN old0old0old0oN�0old0old0old0old0old0old0old0oN�0old0old0old0old0old0oldOdrva° °°°°°°°°':..'°°°°°°°. And tilg ............ ...."""".. Merchanclising Selhr� T✓rlrrr cn e, old0old0old0ot0old0old0old0old0old0old0old0ot0old0olli °°°°°°. ".r°°°°°a` nxtaurant Operation O�fi�.0i�.0 .0. ,""""" •"""°'.. Nursing OdO0dO0dO01dO0 waaaa aaaa,... sal (Pr„gr,nrr,rn„I,rr,,.r,„cl old0old0old0ot0old0old0old0old0o6dllPaaaa°aaaa, Customer Relationship Ma nagemenr p�p�p�pk p�p�p�p�p�p�p�pk p�pih Protect Management old0oliiji jiijiiji jiijiiji jiijiiji jiijr New Prudocr Dlupn erl O�O�O�Ok O�O�O�O�O�O�O�Ok0�00 091. 2°a 4t.L 6t.L m frequency In Job Poalne., am rrequulcy In Profile; Source EMSI, Labor Markct An alytics, 2021 Tr,p rnrnm:;n Skills Commu9cat ons dddddddddhndddddddddddddddhndddddddddddddddhndddddddddddddddhndddddhnm INHI1dQCnl Cllt dddddddhnm Customer Servicc Sale: Lcudccn p diry Operations dd ddddiddddM ncl:iil Orit•.nlcd p�ddddndddddddddddddddnddddni Problem Solving dddiddddddddddddddddid dim NlirrOnnft Lxfe1 Prc,enlo Liun. 4XXXXXXXXXXXXX.X. 0% 5% 10% ISM 20% 25%. 30% 35% 'iA', ncgocrµv in lob Pool -I'll M -ttk1oen,.y in Prrdilca Snurre FM51, I Mini, Marker Analytlrc,?W1 40% City Council 24 — 14 41612021 WSWOU"aw1 2Aiii. Provide on analysis of industries and occupations with on emerging demand. The RPU analyzed location quotient, total jobs, and competitive effect data to identify industries and occupations with an emerging demand. An analysis of location quotient data demonstrated which occupations and industries are unique and specialized in the Orange County region (compared tothe national average). I he competitive effect indicates how much of the job change results from some unique competitive advantage in the area. The competitive effect measures the job change that cannot he explained by national growth and industry mix. The change in competitive effect points to regional -specific factors on the change in local employment numbers. Factors such as labor force training and education, skills, transportation, supply chains, aging demographics, and other regionally influenced factors may impact these industries and occupations' cornpeLiLive ness. Using the 3-digit NAICS code, the emerging industries identified had a Location Quotients are Location Quotients are location quotient that increased greater than 1.2 and greater than 1.2 and between 2015 and 2020 and had a steadily decreasing steadily increasing location quotient less than 1.2. The w. _ industry list was filtered to include Location Quotient is less Location Quotient is less industries with a competitive effect than 1.2 and steadily than 1.2 and steadily greater than 1, percent change in jobs decreasing increasing higher than 10%, and more than 1,000 jobs. The following chart consists of a list of the top thirteen emerging industries in Orange Cnunty. This combined list of sectors accounted for 773,367 jobs in 7020. This group of industries is projected to grow to 327,315 jobs by 2030. Industries with Emereine Demand TransiL and Ground Passenger 49 , Tra M(lOriannn 4 l45 G 1 R. 1,891 45rh 1.209 0(.4 079 14 SG?o RPverage and Tnharro Product 312 Manufacn:dng 1,551 2 O80 529 34A 125 O.G2 O.GS 3.04'n 4A1 Air I rnncporrrnnnn A)/ 1 IAI )(14 Ox 14/ 0 if, o )o 1 )WA 674 A.>h',„+nr_c 41,749 50'w) 9,07) ))X• 3.690 0.95 1.U) 484 Taic K Transporianon S,6U4 (,621 1,017 18% 841 U.3u U.34 3.92% waste ManaR.clncnt and SG2 4,GGS 5,3£S 720 is 'A 153 1.02 1.D4 15£90 Rernediabun Services 4G4 Non,torc Retailer, 0,937 7,943 1,011 15% 273 097 299 2.0014 902 Sutc Gwcnunua 28,208 32,308 4.100 1556 3,S52 043 054 5.19"n 621 ArnbolaWry HCaILh Care Se VILU, 84,699 96,614 11,915 14% 3,346 107 1.U9 2.2498 N,m aria, :nH ReslJen Ool (:me 6)3 )R,146 )R,413 1,267 13% ),987 0.64 0.76 6.7)9(. Facilities 32S Chemical Manufacturing 7,473 £,441 9G3 131A 59, 0.34 0.£9 5.0 % FurnlLLre and Rela Led Prod -ILL 337 Manutaripring 4,X,3 4,30) 540 13;(, 64111 097 1 10 13 38?o 446 Health ano Personal Care Scores 10,942 'U,253 1,319 1)94 1,5)4 OCM 1 06 1 1.R79i. Snurro: FMSI, I ahor MarYct Analytics, 2071 City Council 24 - 15 4/6/2021 WSWOU"a 1i 2020 Location Quotient Industries with Emerging Demand The following is a list of the top occupations in Orange County with emerging demand. These occupations have a location quotient of less than 1.2 as of 2020. The location quotient has increaser) sinre 7015. The competitive effect is positive in these prnfessinns, demnnstrating a high degree of regional -specific factors influencing job growth. Home Walih and Porsopal 31-1100 Cms Aides. and fdulslhU 30.a83 54.G4a 24.1 G1 As, sim, .Oidcd'. es, and P... l ivlr., Aide, Occr-(patio al Health and 19-5000 Safely SPSC1311ata aid 574 877 203 TEc imc'. ant CVJnit'lola, Sol_ill 211000 Workers, and 0tncr 1r.3s2 24.920 1.063 Go' l llrl4111.1 illld S'Y: J SerylCl- SOL`Clalj3lg Saol:rvlsors of Protcstivc 33-1000 „erviee WprkerS 1.127 1.363 2GG ether Fd, cvidnA 25-l1001 lrstr11chJ0 a11d L11Hary 1E, 12/ -19.31.i ;i.-14h ncC'.Ipatlnn9 53-3000 Motor Vahlcle Operators 29.104 31.733 Sji29 53-2000 Air Transportation Workers 1.012 1.201 192 Other Management -iy 11 gnml oce-1patlons 2sr: 4r,24h 6 y91 41-1001 FIe:Mnp, and Fnrvn ry 94 ill 17 Wofksls Olhcl and 47-4990 rt,,htrd Workers 7271 3.0351 G64 79'%. $13 52 20.03G 115C 091 033 53% $40 e2 112 059 0.73 a 10 40Y. $23-94 L082 0-ir 0-96 0-13 23 % $33 c0 G4 0 37 036 001 211"/ $-18 iu 1,/42 11H:1 1143 ILUI 19 % $1004 3 050 ow 0.06 005 19/. $4177 11, 028 0.31 003 id' T,4=3-06 2.12I 0.8tl 1-01 0-93 17'Y lollds,) 19 0_11.. n l ik 0 D-, 17 % $2806 201 1170 0.74 0 )G City Council 24 — 16 4/6/2021 WSWOU"aw1 Plant and System SI-a111111 Operators 1,h 1It 1,B42 224 14-A S39J4 164 04:1 1LS2 ILO/ 45 3000 1 isr,.nq and 1.1118riq 81 91 10 121^z $1d,.G4 24 0.10 0.2G 0.)7 Wo1K"rc �3-r000 Material Moving Workers r6.369 Ma 29 9.160 12% $14-41 2204 106 1-0( 0A1 39-1000 `",perolr.nr-.; 011'ermrlal 2.551 2.841 290 11V, $17-43 99 0-90 0-99 0-02 Cairo :roll Sarvlcc WOrkCrs 294000 H`=ac,hh0ham_ DlUgnnsing of 17.6M 52ts87 f,.082 11 %. $51 ds )0t3 079 079 0.00 Tq Pq,ptlipnprt 34-4000 Othcr Personal Care and )1.7i4 9sBS3 ).-130 10% $-14 US ) 5)1 081 1) g0 0.04 Service Wcrkcrs 2r 1000 Postsecondary Teachers 17.453 10.004 1551 9% $42-07 1G99 0-87 0-93 0-07 0111c1 11u1e18 a'.Un. 49-9V00 Mamll-ran., "no hcp5lr 2H,U31 3rrterd 2337 811 1,22-97 Ii4-t 0-83 083 U-01 0cc'.Q+a1iUrls 33-2000 I irchrylilnq anU rIuvUTJ00 1.783 1.016 13G 8°5 $4045 110 048 OS) 0)2 W VrKcrs 21-2000 Rellsvous Workers 4.140 4.640 200 7% $20-t4 138 r]-t14 0--115 0-02 51-3000 Food Proccss'.ng Workers 6.764 7.042 278 4'1 $14 O5 196 0.70 0.77 001 45-4000 Fwssl. Conservation. and 116 120 4 4% $14.14 4 014 0.1e 0.00 Logging Workcre 37-2000 Bmldlno Cleaning and Past 48,275 49,995 1,720 4^/, $14 M 1,514 1 tit 1117 ❑ [)h Control Workers Source: EMSI, Labor Market Analytics, 2021 2B. FOSTERING DEMAND -DRIVEN SKILLS ATTAINMENT 2Bi. Identify the in -demand industry sectors or occupations for the region - The Orange RPU has identified four priority industry sectors (or industry clusters) with a substantial current and potential impact on the regional economy based on labor market information. Advanced manufacturing, health care, information communicaLion technology and digital media, and retail, hospitality and tourism contribute to the growth and stability of other supporting businesses, industry sectors, and jobs that lead to econornic self-sufficiency and advancement opportunities for Orange County residents. NIAICtlStl industry codes included in each sector rry q m V161,".�;1jslrid'a�n0gAld��ibiipl�lvpfllipllvpfllipllvpfllipllvpfllipl�lvpfllipllvpfllipllvpfllip11vp8 . vdtllPSlvpflliSlvpflliSlvpflliSlvpflliSlvpflliSlvpflliSlvpfll,�;dniQ,n"rl� rVhIVNN�q���lvpfliipllvpBlipllvpBlipllvpBlipllvpfliipllvpBlip 3240, 3251-54, 3259, 3271, 3279, 3311, 3313, 3315, Advanced Manufacturing 3331-3333. 3336. 3339. 3341-3346. 3351 3353 Healthcare b21,022,023 Information and Communications Cif, ,5a1, Technology (ICT)/Digital Media Retail, HUSpltallty, & I Our Sin 44, 115, 71,72 I .:., r1,i, Atip„ / ,', ,i'r,I",, , sector has 92,045 full and part-time jobs. The average earnings per job in 2020 was $122,840. There were 2,169 payrolled businesses in the Orange County region in 2020. The industry growth between 2017 and 2020 was .9%, below the state average of 1.9%. Regardless of this slight upward percentage movement, manufacturing has been on the decline in the region and the nation. The expected change between 2020 to 2030 is -5.2%, with a loss of 4,741 jobs. Automation, change in skills required to pertorm new tasks, import competition, and a decrease in mobility are all reasons cited as contributions to the decline. City Council 24 — 17 4/6/2021 SWOU"a 11 Despite the declining jobs, advanced manufacturing is a priority in the Orange RPU due to the number of jobs and the impact on the local economy, given the sector's total gross regional product (GRP) of $23.8 billion. This sector represents approximately 10% of the county's total GRP. The advanced manufacturing sector has highly specialized and growing advanced manufacturing subsectors in Orange County. Medical equipment and supplies manufacturing had a concentration in the Orange County region five times higher than typical regional areas, with a location quotient of 5.43. Medical equipment and supplies manufacturing also increased jobs by 12% between 2015 and 2020, bringing the total employment in 2020 to 19,776. Other healthy and growing subsectors in the region are semiconductor and other electronic component manufacturing (LQ 3.78), audin and video equipment manufacturing (LQ 4.89), semiconductor and Other Electronic Component Manufacturing (LQ 3.28), and Manufacturing and Reproducing Magnetic and Optical Media (LQ 3.12), aerospace product and parts manufacturing (LQ 1.95). Manuracturing companies will need a Skilled worker pipeline to fill jobs in these 2020 Industry Sector Age Breakdown specialized subsectors and retirement 30000 positions. The sector has an aging 2SO00 23,542 22,688 workforce regionally and nationally. 2u000 1L791x,5a0 Workers 65 and older represent 6.7% of ts000 the workers, and 24.6% are between 55 100n0 G,192 and 64. Recruiting and retaining ahigh- 3.771 quality workforce for new technology- 50C1C1 118 driving positions will be necessary for ° to-tx to-za 26-34 35-44 as-sa ss-ea es+ manufacturing innovation. I here are SOJI¢: EMSI. Labur MerkcL Ana IVLl6, multiple opportunities at various entry pnints for individuals with a high schnnl diploma, a certification program, or a 7-4 year cnllege degree. n R, sector has 158,224 full and part-time jobs. The average earnings per job in 2020 was $77,496. There were 11,248 private and public healthcare establishments in the Orange County region in 2020. The industry growth between 2017 and 2020 was 5.4%, above the state's growth percentage of 5.2%. The expected change between 2020 to 2030 is 18.2%, with a gain of 28,832 jobs. The sector contributes $15.5 billion in GRP, 99/u of the county's total GRP. The healthcare sector comprises several related subsectors and supporting industries that include ambulatory health care services, hospitals, and nursing and residential facilities. The healthcare sector is growing and continues to be a stalwart industry throughout the pandemic. Healthcare is one of the few recession -proof industries, with registered nurses being the top posted occupation between January 2020 to 202122. The sector will likely continue to be a driver of economic activity given the rapidly aging Orange County population, increasing the likelihood that many residents will require more health care and support services. EMSI Labor Market Arlolytics, 2021, www.econontiunotleli ne..com. City Council 24 — 18 4/6/2021 WSWOU"a 1i h, A 1 u m p., 'A I ., (ICT) sector has 54,096 full- and part-time jobs. Computer programming services, computer systems design services, and software publishers have the highest number of jobs in the county, at 33,410jobs combined. The average earnings perjob in 2020 was $132,987. There were 4,545 payrolled business locations in the Orange County region in 2020. The industry growth between 2017 and 2020 was 0.8%, below the nation's percentage of 3.5%. The expected job growth between 2020 to 2030 is 7.1%, with a gain of 3,849 jobs. The sector contributes $16.1 billion in GRP, 11% of the county's total GRP. The technology sector accounts for a significant portion of Orange County's economic activity, as economies, jobs, and personal lives become more digital and automated. The ICT sector develops innovative services and products that impact all industries in a region. The ICT applications ran be seen in manufacturing with computer simulation and the healthcare industry with the rise of telemedicine and telehealth. Training and upskilling of existing staff in the industry will be crucial in ensuring regional competitiveness. u � p„ , sector has 369,332 full- and part-time jobs, making it the largest targeted sector of the RPU. The average earnings per job were $39,625 in 2020. There were 19,500 payrolled establishments in the Orange County region in 2020. The number of jobs declined by 5.9% between 2017 and 2020. The state and the nation declined by 5.7% during the same period. The expected change between 2020 to 2030 is a growth of 3.0% and 11,153 job gains. The sector contributes $26.2 billion in GRP, 10% of the county's total GRP. According to the Orange County Visitors Association, OC welcomed 50.2 million visitors who spend 413 billion dollars in 2019. This sector is part of Orange County's DNA and was hit the hardest by the pandemic's effects. The industry sector is diverse and includes hotels, restaurants, entertainmentvenues, cultural attractions, sports parks, theme parks, food establishments, retail stores, and other venues. The industries with the highest numbers of jobs in 2020 were full - service restaurants (60,461), limited -service restaurants (52,8)8), and amusement and theme parks (27,368). Often the jobs within these industries are characterized by low -wages. The industry has historically offered entry-level employment opportunities to new immigrants and candidates with a high school diploma. While many jobs exist in lower -paid, entry-level classifications, there are many opportunities to secure positions offering higher compensation. The challenge is ensuring those in entry-level positions obtain additional job -specific skills and English language skills necessaryto qualifyfor promotional opportunities. Sector strategies and incumbent worker training are workforce development strategies that can play an essential role in lifting people up from lower -wage jobs. 28ii. Describe how the RPU and regional partners will expand or develop, and then implement sector initiatives for those in -demand industry sectors or occupations. Orange RPU started the regions sector partnership work under the Slingshot grant. The RPU engaged John Melville, a national leader in the design and practice of next -generation industry engagement. John Melville's initial work guided the launch of Industry Sector Partnerships (ISP) in the RPU's four priority sectors using the Next Gen Sector Partnership model. The first City Council 24 — 19 4/6/2021 collaboration meetings occurred just before the COVID-19 pandemic. These meetings represented a starting point for a partnership that will deepen and grow over the next several years. The RPU had participation from core partners, employers, chambers, and unions. The Orange RPU regional organizer will continue to lead the sector partnership work. The goal of the RPU sector partnership strategy is three -fold: 1. Conduct regular sector meetings with employers to identify common industry priorities, address shared vitality issues, and understand hiring and training needs to create a pipeline of qualified candidates in growing sectors. 2. Develop workforce strategies in partnership with adult education, community colleges, and other partners that include mapping career pathways, work -based learning, and apprenticeship programs. 3. Unify and coordinate business engagement efforts by all partners to minimize duplication of efforts, minimize employer fatigue, and promote systemic change that benefits the industry, workers, and the community. To address upward income mobility and improve economic self-sufficiency, continuous and authentic industry leadership and shifts in workforce strategies are needed to transition low -skill job seekers into middle -skill careers and address underemployment in the region. The pandemic has slowed the industry sector's work progress. The RPU is still committed to re-engaging employers and partners and building upon the industry sector work started. The RPU will work jointly with the Los Angeles/Orange County Regional Consortium (LAOCRC) as the lead sector strategy convening team. LAOCRC serves as a regional framework to communicate, coordinate, collaborate, promote and plan career and technical education and workforce and economic development in the Los Angeles/Orange County Region. In Orange County, LAOCRC includes nine community colleges and one stand-alone continuing education (noncredit) center within four community college districts. LAOCRC Regional Consortium has identified separate priority sectors for each subregion. Orange County community college sectors are shown below. Four of the community college sectors align with the Orange RPU priority industry sectnrt; however, the RPU changed the titles to match those of the community college to ensure no confusion on Lhe region's prioriLy industries. Sectors for the OC Advanced Manufacturing ✓ ✓ Advanced Transportation & Logistics ✓ Life Sciences/Biotech ✓ Business and Entrepreneurship ✓ Energy. Construction, and Utilities ✓ Healthcare ✓ ✓ ICT/Digital Mrdia ✓ ✓ Retail, Hospitality, & Tourism ✓ ✓ City Council 24 — 20 4/6/2021 WSWOU"a 1i In partnership with LAOCRC, the RPU will expand sector partnerships by working with Orange County chambers of commerce and other community and educational partners to identify additional core team members who will support strengthening industry sector partnerships. Orange County has many state, county, and local civic organizations, four community college school districts, twenty-seven K-12 school districts, California State University and University of California systems, and numerous other public and private stakeholders with a vested interest in workforce and economic development. Such a large number of stakeholders requires a great deal of commitment from the core group to build deep, sustainable relationships resulting in career pathways and a steady pipeline of workers within our identified priority sectnrs. This core team will be responsible for developing and carrying out an action plan that provides a strategic and coordinated effort to unify business engagement efforts, identify and engage industry charnpions, other businesses, and supporL partner organizations. The core Learn will relaunch sector meetings in the four sectors to gather information about the challenges and opportunities. After the initial meetings, employers will be invited to regular meetings to set goals to address their needs and take actions with the partners on those goals. Meetings and agendas will be employer -driven, and actions taken will create a pipeline of qualified candidates who meet industry needs for in -demand occupations. Although the RPU has started using the Next Gen model, fidelity is not as important as determining the appropriate strategies tailored to the Orange County regional economy, industry sectors, and worker populations. The RPU will schedule industry sector group meetings, and the groups will begin to identify strategies, design appropriate programs and services, and then move into the implementation of sector projects. Implementation will likely include a mix of basic strategies that include: • Training and skills development to bring new employees into specific industries and occupations • Business development • Incumbent worker training • Labor market and industry research • Restructuring of work environments to improve recruitment, hiring, training, compensation, and retention strategies • Integrating two or more of these strategies in a multifaceted approach 2C. ENABLING UPWARD MOBILITY FOR ALLCALIFORNIANS 2Ci. Describe how the RPU will prioritize working with employers who provide quality jobs that provide economic security through family -sustaining wages and comprehensive benefits. This should include whether the RPU has, or plans to develop, a formal policy related to job quality. The Orange RPU is committed to identifying strategies that improve the workforce system, ensuring that it enables economic growth and shared prosperity for employers and employees. The California Workforce Development Board defines quality jobs as employment that provide City Council 24 — 21 4/6/2021 family -sustaining wages, health benefits, a pension, worker advancement opportunities, and collective worker input and are stable, predictable, safe, and free of discrimination. The local boards are attuned to the pandemic's increased impact on residents in lower -paying jobs and the increasing national attention given to those in low -wage jobs and who face increased inequality. The RPU and regional partners work tirelessly to move unemployed and underemployed individuals, especially those with barriers to employment, into higher -paying jobs with benefits. Before the pandemic, Orange County's unemployment numbers were historically low. But unfortunately, low unemployment did not mean all Orange County residents were thriving. Rased on the two hundred and sixty-sixth percentile (266%) of the 2020 Federal Poverty LBvels, the self-sufficiency standard in Orange County is $23.99 an hour for a family size of 2. Low -wage workers have suffered the most in this pandemic -induced recession. In 2020, 741,966 of the 1,805,612 jobs (42%) had an average wage of less than $20.00 an hour. The majority of these jobs (511,322) were held by rninoriLy workers, with Hispanics holding Lhe IargesL share of Lhese lower -wage jobs (46%). Massive job losses have been concentrated among lower -wage workers in retail, hospitality and tourism, and food service jobs. The region's targeted industry sectors show potential for family -sustaining wages but are not immune to offering lower wages. Such jobs are a big part of the Orange County regional economy, given its large footprint in the retail, hospitality, and tourism industry. While some of these entry-level occupations in targeted industry sectors have well -articulated career pathways to a job with self-sustaining wages, each of the professions provides foundational skills that will better qualify individuals for enhanced employment and income opportunities. Aspen Institute's work on sectoral workforce development strategies identified two fundamental approaches to helping people connect to better employment: 1) removing barriers to good jobs for low-income people and 2) improving the quality of jobs in key sectors in which many low-income people work" The RPU and regional partners understand the importance of developing strategies that accomplish both. Through industry sector work, the RPU is committed to ensuring that job training is a bridge to more financial stability and not a funnel for low -skill individuals into low - wage occupations. The Orange RPU understands its role in investing in and advocating for qualityjobs. The RPU will develop a standard tool for determining job quality to assess what industries, companies, and jobs to target. The RPU will prioritize working with employers who provide qualityjobs and those interested in improving theirjob quality and being part of moving low -wage workers into better - paying positions. The RPU will develop business engagement protocols that focus on engaging businesses that provide quality jobs or have an interest in improving job quality. The RPU will work with industry sector business leaders to ask questions and begin conversations around job 33 MallrBBn Conway Pi al., Sectors StratBE`,IBS }pr Low -I ncomp workers. '_Pssons }roil the FIB Id (WashingTon, DC: Aspen Institute, October 1, 2007), https://www.aspeninst!tnteorg/publications/sectora strategic, low ncmne workers lessons fold/ City Council 24 — 22 4/6/2021 WSWOU"a 1i quality, helping businesses understand how workforce investments can improve their competitive advantage. Through sector work, the RPU will work with the businesses and regional partners to identify entry-level positions and develop career pathways with multiple entry and exit points, ensuring individuals understand their path to self-sufficiency. The RPU will review high -road employment practices and strategies, such as the National Fund's Design Framework, to design better jobs. Their approach meets employers where they are and supports them along a continuum of improvement. Lastly, the RPU will target limited dollars for on-the-job training and incumbent worker training towards quality jobs that provide upward mobility. 2Cii. Describe how the RPU and regional partners will work together to identify shared target populations and develop targeted service strategies The one -stop delivery system provides the local boards and partners the framework to continue and advance discussions of how workforce prograrns can be rnore effective, efficient, and aligned. The regional partners recognize that the answers will only come when we step out of our respective silos. The RPU and partner organizations have identified and are currently addressing the needs of shared target populations that include English language learners, justice - involved individuals, individuals with disabilities, Veterans, and disconnected and foster youth. A recurring theme in our planning meetings was that organizations seeking to serve these populations feel they would benefit from better linkages with other organizations doing the same work or complementary work. The RPU has regularly scheduled meetings to address service delivery and performance for all but one of these targeted groups, English language learners. During the regional planning meetings, the local boards and partners shared promising practices to address English language learners' specific challenges. The group discussed Lwo disLincL subcaLegories, chose with low skills and education and those with higher skills and educational degrees from other countries. The RPU and partners made commitments to reconvene to discuss how we can collectively improve service delivery to English language learners and determine if other populations warrant different workforce development strategies to serve them more effectively. 20ii. Describe how the RPU and regional partners will work with employers and training providers to ensure that historically unnerved and underserved communities have equal access to the regional sector pathways, earn and learn opportunities, supportive services, and other approaches identified by the RPU. This should include whether the HPU has, or plans to develop, a formal policy related to equity. The RPU and regional partners will ensure historically unserved and underserved populations have equal access to regional sector career pathways and other services and support through sector partnerships. Through sector partnership work, the RPU and partners will have the opportunity to work with employers to create career pathways that help mitigate the many challenges unserved and underserved populations face in completing educational goals and City Council 24 — 23 4/6/2021 moving into employment with family -sustaining wages. Workforce development programs and supports should not be designed as a one -size -fits -all solution. The populations we serve are diverse, and program designs should reflect this diversity if we are going to close the skills gap and combat economic inequality. Career pathways are a service -delivery model that can close achievement gaps and advance racial equity by helping individuals build skills over time. Career pathways are a long-term approach to serving individuals with limited basic skills or other employment barriers that the local boards are committed to developing. Sector partnership work will also provide an opportunity for the RPU to address issues such as degree inflation that tend to exclude minorities from jobs during the hiring proress. Acrording to Manjari Raman, director of Harvard Business School's project on Managingthe Future of Work, degree inflation refers to jobs that historically required more than a high school diploma or less than a college degree but now require a college degree 24. Explicitly requiring degrees for positions instead of Lhe jobs' skills exacerbates Lhe effect of racial disparities in educational achievement and eliminates workers who may have acquired the skills in other ways. Also, through sector partnership work, other hiring practices that disproportionately affect minorities, such as automatically excluding potential employees using criminal background checks and credit checks, can be discussed. Another strategy that the sector partnerships will address is creating work -based learning programs and pre -apprenticeship programs. Pre -apprenticeships can be valuable for people of color who have been historically underrepresented in apprenticeships. Work -based learning programs can provide vital formal access to employers that the population may not have had when relying on their existing professional and social networks. During the regional planning meetings, two general themes surfaced every session. One was how some people lacked access to OC One -Stop services and the second issue was the lack of digital literacy and access to broadband services. These are issues that the pandemic has exacerbated. Attendees discussed how transportation and childcare needs, and a general lack of understanding of the services available, contribute to preventing a large percentage of those most in need of assistance from accessing them. The local boards recognize specific populations require more outreach and require unique methods and strategies for locating, attracting, and retaining their participation in workforce programs. The Orange County Board recently purchased a mobile unit equipped with 12 computers inside and a monitor outside for presentations. The mobile unit is accessible by wheelchair by using the wheelchair lift. The mobile unit will serve as a mobile One -Stop Center for the Orange County community. During the regional planning meetings, the local boards discussed options for deploying the mobile unit to low-income communities, areas not close to a comprehensive One -Stop Center, and partner locations to increase access and awareness of services. Also, the partners will explore developing and using outreach and communication responsive to the targeted populations. I he boards and partner agencies will also explore additional referral agreements and referral processes with " Morgan, KaLe. "'Degree Inf!a Lion': How Lhe Four -Year Degree Became Required." BBC Worldife, BBC, 25 Jan. 2021, www. Me cnm/work Iite/anicIe/20210126-degrep-intlation-how-the-toar-year-degree-oerame- requwrodn:`:text=Coi ne1t`1.2ueA203%20v.cti m25200f. Manaai ne,1620thc o20Futurco20oW20Work. City Council 24 — 24 4/6/2021 WSWOU"a 1i other organizations that can be engaged as partners to serve targeted people in their communities. Disadvantaged and vulnerable populations need increased support services, multiple service strategies, co -enrollment in additional programs, referrals to community service providers, and a team approach to succeed in the labor market. Broadband internet access is necessary for participants to complete enrollment applications, financial aid applications, and work requirements. Job openings are now almost exclusively accessible via the internet. Many job search websites are not fully accessible to mobile phone users. The digital divide between people who have broadband internet access and those who have no arress or cell phone -only access is also a huge harrier to accessing pnst-serondary education and entering the workforce. The RPU and regional partners have discussed the need for partners to collectively address the digital divide and commit to convening a workgroup to address this issue. The RPU has had informal conversations on strategies to address issues related to equity. The boards are committed to continuing the dialogue on regional equity issues and policy development related to equity. 21). ALIGNING,COORDINATING, AND INTEGRATING PROGRAMS AND SERVICES 2Di. Describe any regional service strategies, including use of cooperative service delivery agreements or MOU. A cooperative service agreement has been established between the three local boards to solidify the commitment to the overall workforce and economic development of the OC Region through system alignment, integration of service delivery, and leverage/braiding of funding. The regional boards have a very active and healthy partnership. Regional service strategies include: • Improve and enhance customer experience by ensuring staff receives ongoing professional development training and cross -training • Meet the needs of employers by implementing and scaling career pathways • Improve the quality of the workforce by improving alignment and partner connections • Align investments in targeted populations and industry sectors • Expand opportunities for employers and participants to engage in integrated learning and work experience activities • Sharing resources and braiding funds for tools and services that support the region as a whole 2Dii.Describe any regional administrative cost arrangements, including the pooling of funds for administrative costs for the region. The three boards in the Orange County RPU collaborate on multiple projects, with one or the other board acting as the fiscal agent. The RPU does not have any overarching arrangements or intent to pool funds for administrative costs at this time. City Council 24 — 25 4/6/2021 Orange County RPU's goal is to better align workforce services with economic development, educational institutions, and business. The boards will consider administrative costs arrangements if it allows the RPU to accomplish the objectives of the RPU more efficiently. City Council 24 — 26 41612021 Wswou"a 1i 3A. STAKEHOLDER AND COMMUNITY ENGAGEMENT SUMMARY City Council 24 — 27 4/6/2021 313. PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE REGIONAL PLAN City Council 24 — 28 4/6/2021 rM."IIii"i11 3C. SIGNATURE PAGE ORANGE COUNTY REGIONAL PLANNING UNIT The regional plan represents the Orange Regional Planning Unit efforts to maximize and coordinate resources available under Title I of the Workforce Innovation and Opportunity Act. This regional plan, inclusive of a unified local plan, is submitted for the period July 1, 2021, through June 30, 2024, in accordance with the provisions of WIOA. LOCAL BOARD CHAIRS LOCAL ELECTED OFFICIALS ORANGE COUNTY WORKFORCE DEVELOPMENT BOARD COUNTY OF ORANGE BOARD OF SUPERVISORS Signature Teri Hollingsworth Name Chair, Orange County Workforce Development Board Title Date ANAHEIM WORKFORCE DEVELOPMENT BOARD Signature Joe Paquette Name Chair, Anaheim Workforce Development Board Title Date SANTA ANA WORKFORCE DEVELOPMENT BOARD Signature Stacey Sanchez Name Chair, Santa Ana Workforce Development Board Title Date Signature Andrew Do Name Chair, Orange County Board of Supervisors Title Date CITY OF ANAHEIM COUNCIL Signature Harry Sidhu Name Mayor, City of Anaheim Title Date CITY OF SANTA ANA COUNCIL Signature Vicente Sarmiento Name Mayor, City of Santa Ana Title Date City Council 24 — 29 41612021 WSWOU"a 1i Reginnnl Plan Cnntent 2A. Analytical Overview of the Region........... 2B. Fostering Dernand-Driven Skills Attainrnent. 2C. Enabling Upward Mobility for All Californians 2D. Aligning, Coordinating, and Integrating Programs and Services.....................................................21 Appendices:................................................................................................................................................. 23 3A. Stakeholder and Community Engagement Summary..... PYl 3B. Public comments received that disagree with the Regional Plan....................................................25 3C. Signature Page 26 City Council 24 — 30 4/6/2021 f IWMUOJ i"i1i 2A. ANALYTICAL OVERVIEW OF THE REGION The Orange Regional Planning Unit (RPU) is comprised of three local Workforce Development Boards (WDBs) serving 34 cities and several large unincorporated areas in Orange County (OC). The RPU includes the Anaheim Workforce Development Board, which serves the City of Anaheim, the Santa Ana Workforce Development Board, which serves the City of Santa Ana, and the Orange County Workforce Development Board, which serves the remaining 32 cities and unincorporated areas of Orange County. Orange County is the third -most populous county in California (3,193,929 people)' and the sixth -most populous in the nation. The region's population has increased by 1.4% since 201S, growing by 44,649 people. Orange County had experienced several years of job growth and economic vitality, resulting in record -low unemployment rates before the COVID-19 pandemic. The pandemic has since derailed this long streak of growth and the long-term social rypppp and economic impacts remain to be seen. Orange County's �dn�l��'i������VUG�9WV��I.�Pf.,�����M�INMlvpalYlvpalYlvpalYlvpalYlvpalYlvpalYlvpald Gross Domestic Product (GDP) increased annually since 2015 S 225,178,78T00 2009 to 269.2 billion in 2019.2 Orange County's economy 2016 $ 234,OS3,392.00 ranked 31" in California and glh nationally in 2018 based on 2017 $ 247,314,645.OD its GDP. Orange County has employed 1,598,700 in $ 256,981,87TOD nonfarm jobs as of December 2020. The median household 2019 $ 269 229 770.00 income was $85,400 in 2018, $25,100 above the national average.' Orange County is experiencing demographic shifts that have economic and worktorce implications. Over the next several decades, Orange County's senior population will increase significantly while working -age populations fall. According to the California Department Orange County Projected Population Change of Finance (DDF), estimates show seniors 65- between 2020-20604 74 will increase by 17.75%, 74-84 group by Bs, 65.7%, and 85 or older will increase by 71-M4 268.7%Y The population change will likely 6S-74 require increased employment in health care 20-64 I and other senior service occupations. 5-19 Simultaneously, the shrinking working -age n-4 1 population could impact economic 0 ;0 100 1.0 200 2so 300 prosperity and cause more challenges for Sourre Calirnrn`a Department at Finance, Demngraphlr employers filling open positions. ' CMSI Lobo( Mmkct Anolyr,cs, 2021, wwwcconomicmodchng.com. l "GDP: U..S. Bureau of Emnnmir Acolysis (BEA).' CDP / U..S. Bureau of Ernonow Anolysis (BEA), www. hen.gnvldnm/gdp. 'EMS] Lobo Mo(ket Anolyrics, 2021, www. cc onontianodolmg.com. City Council 24 — 31 416/2021 WSWOU"a 1i Ethnic diversity in Orange County is high. The national Racial/Ethnic Breakdown 2020 average for an area the size of Orange County is 1,266,736 racially diverse people, while there are 1,910,690 in OC.A inwhitp 2%sr Orange County's diversity is projected to continue to grow v Ilispanic through 2060. Whites (39%) and Hispanics' (34%) make up zz% the largest percentage of the Orange County population, with Asian the Hispanic population growth between 201S and 2020 at Black 19%, while the white population declined by 4%.a Growing other diversity will increasingly be a key workforce and economic """' "I. °`"''"""'»""`'°" development advantage for Orange County. Diversity often creates an environment where the exchange of ideas, strategies, and viewpoints fuel innovation and entrepreneurship, contributing to sustained economic success. Racial diversity challenges local education providers and workforce development to support English learners' success by improving program support and creasing innovative programs such as vocational ESL programs. Non -English language speakers represent 4S.S% of Orange County residents, which is higher than the national average of 21.9%. In 2018, Spanish was the most common non-English language spoken, with 24.8% of Orange County residents being native Spanish speakers. Vietnamese (6.44%) and Chinese (2.94%) are the second and third most common languages.7 Industry employment which includes self-employment, private household workers, farm and nonfarm jobs in Orange County, is projected to reach 1,853,600 by 2026, a 9.3% increase over the ten-year projection period of 2016 to 2026. Twelve of the 13 nonfarm industry sectors are projected to grow during this period. Growth by Industry Sector Educational Services (Private), I Iealth Care, and Social... n38,400 Professional and Business Services n23,200 Leisure and Hospitality n27,400 Cnnstrurtinn o 19,000 Govcrnmrnt I wwxxxxxxxa 6,700 Financuil Activities ul .rvvvvvvvfl 5,700 Retail Trade ul.rmvvvvan 5,100 Transportation, Warehousing, and utilities IYEewxxx#F 4,1 no Other Services IYEeawlo 3, lot) Information I ,,wrcn 2,1)00 Wholesale Trade I an 2,800 MdnufllChL ing o,,.: 1,000 Sour(e: FIA) I abor Markel Information Total nonfarm jobs are projected to gain 145,000jobs by 2026. Significant job growth is projected in four industry sectors with educational, health services, and social assistance, leading to °uwSl innnr Mn,krrAnolyrics, 2021, www. eronnmicmndehng.com. 'tMSI L0b0f Market Analytres, 2021, www.econom¢modeling. cam, Hispanic population induce, all races that identify as Hispanic. "EMS? Labur Market Anolyt,L , 2021, www.econornicrnadeling.curn. Burp ill, US (_PnS115. "Amp nra l (_OmIT 1llty St Ivey Oaia Re l eases.TJIB Unap .5rorps Censuli Biirpau,.11 J'.P.y 2020, W Ww.rPn415.gov/programs- surv2y,/acs/news/data rclmses.201a.Ittn11. City Council 24 — 32 4/6/2021 Nswou"a 1i expected gains of 38,400 jobs, with 17,300 projected to be in ambulatory health care services. Professional and business services is projected to add 28,200. Leisure and hospitality is projected to grow by 12.9%, adding 27,400 jobs. Construction is projected to add 19,000 with 13,700 of the jobs in the specialty trades subsector.R The top five fastest -growing industry sectors are construction (19.5%), health care and social assistance (18.9%), leisure and hospitality (12.9%), information (11%), and professional and business services (9.5%). 9 The industry sectors that added the most jobs between 2017 and 2020 are represented in the chart below. •o��nnM,�.,,11lllMld'dak�A����1����� �A''��II i I ��d�.�ij`J' f d 4d� "." �„nnnrmlpa mI .�„ndHitldpaf mn orlvdaif l aIY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpalY lvpall..��„n Ip mipaf Ivp .�„I,n io I" m*,4ivp j�� .�„nnnidfjk6�O(I 1" 62 Reallh care and 3oclal A6sislarlce 19f,,2s0 209,045 12.755 56 Administrative and Support and Waste Management and 15:3,58:1 169,619 4,099 Remedialion Services 54 Professional, Scientific, and Technical Services 151,234 166,909 5,674 S.`. Management of CumpanleS and Lnterprines 33,32U 3(,!13: 4,61E l3 Cunslmu limn 191,841 19)n,428 3,b31 SourceEMSI Labor Market Analytics, 2021 Orange County is a thriving hub for medical device companies and cutting -edge industry sectors, including life sciences, information technology, digital arts and media, and advanced manufacturing. It is also known for its growing ecosystem of entrepreneurship and innovation. Many Southern California startups work on virtual and augmented reality, cybersecurity, biomedical science, bioengineering, medical imaging, medical device, and environmental health technologies. Over the next several years, Orange County is poised to be at the center of emergent industries based on educational and intellectual assets in the region. The county's most robust traded clusters with a high employment specialization in the area are medical device manutacturing (US Ranking 1), lighting and electrical equipment manufacturing (US Ranking 2), apparel manufacturing (US Ranking 3), information technology and analytical instruments manufacturing (US Ranking S), and financial services (US Ranking 6).10 2Ai. Provide an analysis of current employment and unemployment data. Orange County had a positive economic outlook before the impacts of the COVID-19 pandemic. In January of 2020, Orange County had an unemployment rate of 2.9%, the lowest in Southern California. In the preceding 12 months, the county's unemployment rate had not exceeded 3.1%. Before California's first statewide stay-at-home order issued in March, closing all nonessential businesses and restaurant dining, the unemployment rate stood at 2.8%in February of 2020. The economic disruption from COVID-19 resulted in steep job losses, with the unemployment rate quadrupling at its peak of 14.7% in May 2020, the highest unemployment rate ever recorded for ° Labor Market Informmtfon, bllD, 2021, www.labormarketmfo.edd.ca.gov 'Lobar Markel Infurniubun, EDD, 2021, www.Iabur inarkelinfo.edd.ce gov 10 "L1.5. Cluster Mapping: Ma ntring a Nation of Regional Clusters." U.S. Cluster Mapping I Mapping a Nation nJ Reginnal Clusters, www.c. ustennapping.us/. City Council 24 — 33 4/6/2021 WSWOU"a 1i Orange County. The rates slowly declined to 6.4% in November 2020 before ascending to 7.4% in December 2020 when regional stay-at-home orders went back into effect. This rate compares with an unadjusted unemployment rate of 8.8 percent for California and 6.5 percent for the nation during the same period." Orange County 2020 Monthly Employment. Unemployment, and Unemployment Rate ^eJi/A n A i�Ul/ 119A 1i14 �1]. (TY i._.n ].ItA ]3�aIX 11d iPl ]/]!Vi ]I:LllR yr _.lu. im. .in �Mu 1�c fix inn YS'i x.x err. (a.a ieq Concentrated job loss in hospitality and tourism stung more sharply in the Orange County region due to its economic dependence on tourism. In 2019, a record 50.2 million travelers visited Orange County, spending $13.0 billion", however with the continued closure of major tourism sites, especially Disneyland Park, the leisure and hospitality industry and surrounding cities remain heavily impacted. The percent of unemployment by industry sector shows a grim picture for industries that rely heavily on tourism. As of November 2020, retail trade had the highest unemployment numbers at 16,063, and accommodation and food services had 10,815 unemployed. Other industries with high numbers of unemployment include Health Care and Social Assistance (11,628), Manufacturing (11,215), Construction (9,371)." " Lubur Murkcl Ina1w,tw, iun, EDD, 2021, www.l zburrnarlmtinlu. uddcz.guv/data/Irni by subjccls.hlrnl. " Orange County Visitors Association, 2019, Orange County Visitors Assocation 2019-2021 Destination Marketing Plon, www. travelcastamesa. cam/vtsittlleoc/wp-conrenr/uploads/2019103lMar lteting.pdj. " E145/ Labor Market Anolytics, 2021, www.ecunomicmudel`ng.tom. City Council 24 — 34 416/2021 Mwou"a i"i11 Percent of Unemployment by Industry Sector November 2020 Agnru',ture, Forestry, F shing and Hurn ng 1%. b5% Mining, Quarrying, and O`I and Gas Extraction -^"y 14f u6 Util`ties i To u°L CUnstructiUn 7%. Manufac-wi[It nldn'hhhpp 10'M 1196 Whulc,,lc Trade h 3M ReLad1 Trade 1G'M ransp6rLSLi6n and Warcheusl nR h of+>rdi9/b79/9/9/9/9/9/9/9/9fll S,)6 2% Information h 4% finance and Insurance �qn Rea'., Fstate and Rental and I easing h ; 21 I I'rcifess,on ai, �ci Pntlfl c, anJ loch ii raI $PrvirPS ax I� "]>rA'rpf/flk Q% Management of Compa '.es and Enterprises HUI p F; Administrat9ve and Suppolz and Waste nlddhhtl0� 4 0% IN, Educational Services nlddhhtlpp '4°� 5°5 Health Care and Social Assistance nlddhhtlpp ,r>ra1pd111% 135b ArL, EnLerLainmen L, and ReoeaLiurl nlddhhtlpp II 2?0 SK ACeUInlnudS bOn 5nd Fouo Service, nldAhhtlh� .ralal4d/f/f/f/f/f/f/f/fl!' 74"6 uss Other Services (except Rubhc Adminottatlon) " S ro Govclrvncnl Rr@rnao 1',+' 1% No Vreuimic Wnrk IwPPrlen[e(Ilnsprri rierl Ua4 d� t O'y 5% 10'$ is% Iu %of National Unemployment ■%of Regioal Unemployment Smnic: FMSI IAur Melk,rL Analv,,>. 2021 The pandemic -induced recession caused a loss of 267,600 nonfarm jobs between February and April in Orange County- The employment loss between March and April of 2020 alone was 225,800, the largest ever recorded in a single month. All industry sectors experienced declines between February and April, but leisure and hospitality (down 102,800) accounted for 38 percent of the total nonfarm job loss during this period14. Most of the decline was between March and April, wiLh a loss of 90,300 jobs. SevenLy-seven percen6 of Lhe drop occurred in accommodaLion and food services (down 70,300jobs), led by decreases in food services and drinking places (down 59,800 jobs). Other significant drops during this period include arts, entertainment, and recreation, which fell by 20,000 jobs. Trade, transportation and utilities decreased by 31,400 jobs, with retail trade accounting for 66 percent of the decline (down 20,800 jobs). Wholesale trade dropped by 8,800 jobs, and transportation, warehousing and utilities decreased by 1,800 16 LUom MUrkel Infurrriabun, EDD, 2021, www. aborrnarkeLinfo.eodca.gov/da'.a/Ifni-by-subdec s h.rnl. City Council 24 — 35 4/6/2021 WSWOU"ai"i1i jobs. Professional and business services declined by 29,200 jobs. Administrative and support services, which includes temporary help firms, dropped by 18,900 jobs.11 Pandemic Job -Related Losses 16 Total Nontarm 1,677,Rn0 1,636,000 1,410,200 1,553,000 -267,600 15.9°S. 142.800 53 4w, 124,R00 Construction 105,400 100,600 96,800 107,900 -2,600 84; 11.100 1298: -2,500 Mamtarhiring 1SR,700 1S7,S00 141.200 145,M0 -is,S00 Ra,. 2,100 13S., 13400 TranSportatlan & vv:mohn,, .'g 26,/f10 21i,:100 24,:100 2%soo 2,400 ao, 5, Inn 220.H a 2,40(1 professional R Bcs. tics Service; 326,3UO 313,300 288400 318,400 37,900 12116 30,000 79'o 7,900 ECLC31 anal Services 31.500 31400 31.100 27.600 -3.100 9.o°G -3.500 -102996 6,900 HeaLn Cale&Suca Assistance 200,600 19$R0n 172.600 '_06,400 -29,000 14.0°S. 23 80n 95 Ow, 4,200 Leisure & Hospita ity 227,50u 21S,600 121,700 168,700 -102,800 45.24. 41 600 12 8', 58,8uu Other Services 90,200 44,400 33,000 41,100 -17,800 35.Oti: 8,100 45.5°. 9,700 Cavernrnent 162,700 170,500 162,000 156,100 -6,700 4.0% -5,900 -821%. 12,600 As California moves toward reopening, regional differences Jobs Recovered between May and December 2020 will contribute to the pace of irscwoo 1so,9o0 142,800 recovery. The current depth of 140,000 1ss.7o0 job losses and Orange County's 120,000 reliance on service sectors 97.s0o 100,000 means the region will have 77,4oD more ground to make up. How 8u"uoo ss,4°° 70 900 quickly businesses reopen and f0,000 rehire will depend on their 40,000 viability and how public health 20,000 8,400 risks evolve within the area. - hor sectors and companies that May 20 Jun 20 Jul 20 Aug 20 sep 20 Oct 20 Nov 20 Dcc 20 rely on in -person interaction, source. EDD Labor Market nformation the recovery pare is likely to be slower. AS of December 2020, the county recnvered 142,800 nonfarm jobs, which is equivalent to 53% of the job losses since the pandemic recession. Most industries are experiencing incremental job gains monthly. Transportation and utilities and construction jobs have exceeded pre -pandemic levels, with the largest month -over increase, up 4,200jobs- Wholesale trade gained 1,800 jobs, retail trade added 1,500 jobs, and transportation, warehousing and utilities expanded by 900 jobs." 1 i Labor Morketinfonnotion, EDD, 2021, https://www.labormar<etinto.edd. ca.gav/geography/orange countyitml tc LMSI Labor MarkcLAnalytiei, 2021, www.ccanomlemnclellne.cam. "Labor Market Information, LDD, 2021, www.labonnarketlnfo.odd.ci.pov/data/In1I by :ubjccts.htnll. City Council 24 - 36 4/6/2021 According to Opportunity Insight's Percent of workers in jobs paying $15.00 or less Economic Tracker, the drastic difference between the low and Black or African high quartiles shows that lower low, American income bracket workers are �s 5% � American Indian or disproportionately affected by the Alaska Native pandemic In Orange County, as of November 15, 2020, employment ti rates among workers in the o Native Hawaiian or bottom wage quartile (C$27K)- 20/ Other Pacific Islander decreased by 25.4%, middle Two or More RBGe5 quartile ($27K-$60K) decreased by 1.4%, and high quartile (>$60k) Hispanic or Latino increased 6.8% compared Lo January 202018. Minority residents Source: EMSI '_a bur Markel Analysis, 2021 . whin mostly held these lower -paying jobs and went into this economic crisis much more financially insecure and unstable 2Aii. Provide an analysis of the current educational and skill levels of the workforce, the current needs of employers in the region, and any relevant skill gaps between the two. Orange County is home to major universities such as the University of California, Irvine (UCI), California State University, Fullerton (CSLJF), and Chapman University. It has flour rnmmunity college districts with nine community colleges. These community colleges educate approximately 310,000 students in credit and noncredit courses each year. Orange CounLy's prirrlary competitive advantage is a talent pool of highly educated, qualified residents. In Orange County, 48.8o/ of adults over the age of 25 have an associate degree or higher, while only 14.5% lack a high school diploma. Orange County residents who possess a bachelor's degree are 6.3% above the national average, and 7.7% hnld an associate degree, which is 0.9% belowthe national average. Orange County educational Attainment " "The Economic Tracker." Economic Tracker, trackthorecovery.org/. Gr,iduatc Degr H'ghe i r<; than vih Grade. 7.8P. 9di Gradc to 1?th 6racle, b, Associate's Drgrce, 7'7X, Suurce: EMSI, Labor Market Analyr. cs, City Council 24 — 37 41612021 WSWOU"aw1 Education data covers the population aged 25 years or older, indicating the highest level of education achieved. Inequitable access to postsecondary education is a persistent problem. One way In which this manifests Is 2015 Educational Attainment by Race/Ethnicity through widely varying 600,000 educational attainment across race and ethnicity. California's s02,000 Post -secondary to Prosperity 400,000 Dashboard shows only 16% of 300,000 Latinx residents hold a four-year 700'000 degree. The dashboard also 100,000 6rrrrrrr shows that most Latinx lull WIIIIIOIIIIWII IIII Hispanic Asian Whitt Othcr Black residents have n0 college ■_ess Than High School High Schou Diplurna Co'ege Degree experience (59%), greater than all othergr-oups.10 The most popular majors in Orange County are Liberal Arts and Sciences (21,289 and 25%), Business Administration and Management (8,251 and 10%), and General Psychology (8,251 and 3%). Orange County Regional Institutions Program Completions 20 L!bcra'. Arts and SCicneci/L'. bcral 24.0101 Studies 9.762 10444 11.289 11.090 21.289 Business Adnn n`straeon and 52.0201 Management. Ce eral 7,093 7,992 7,914 7,758 6,251 42.0101 Psycnology, General 2,145 2,208 2,138 2,462 2,617 :111.U1U1 Hiningiral and PnyS. cal Sr'. enre5 1,U45 1,TIU 1,154 1 44t1 1,91M Registered Nursing/Registered ]1.3801 Nursc 1,366 1}23 1,/31 1,G]S 1,844 Speech Cunnnunica Liun no 9.0101 Rhetor.c 1.325 1401 1.541 1.524 1.601 45. 1101 Sociology 1,041 1,025 1,141 1,296 1,221 11.0701 Computer Science 502 310 020 1,122 1,271 Biology/Biological Sciences, 26.0101 General 1,101 1,(156 1,015 1,083 1,200 No'..I Techn-cian/Special'st ano 12.041 Iwanil-L.1 A 965 1,195 1,230 870 1,163 Employer need in the Orange County region is based on job posting and employment data analysis, and educational programs' completions. Per _ the two -digit Standard � =0 Occupational Classification 616 Prc,yrams 8t.6S C naocbnt. 20191 14,A'.'Op, - r ( � , �esrzo197 (SOC) code group, there are twenty-four occupations 19 "P2P Regions." Catornia Competes, cal`torniacompetesorg/p2p/regions7region-orange. CMS] Labor Market Analyncs, 2021, www.oconontianodcli ig.coin. City Council 24 - 38 4/6/2021 .f�'l."IIii"i11 and 610 programs in the region of study that may train for these occupations. Of these programs, there were 86,656 program participant completions in 2019 and 196,852 job openings that needed to be filled. Identified in the table below are the occupations with the highest projected skills gap for Orange County between 2015 and 2025. This analysis indicates a continued need to identify strategies to fulfill training needs in various high -gap occupational areas. The research includes data based an the following: • Occupations where the 2020 median income hourly wage is higher than $16.00 an hour • Openings greater than 10 (openings represent replacement jobs and Bureau of Labor Statistics(BLS) growth estimates) • Entry-level education that was greater than a postsecondarynondegree award and equal to or less than a bachelor's degree • Top 15 occupations with a skills gap greater than zero (skills gap is the ditterence between the projected openings and completions) • The Openings figure estimates the change in growth and replacement jobs (Growth + Replacements = Openings). Growth captures the change in the total number of workers employed in an occupation. At the same time, replacementjobs are estimates of workers permanently leaving a career and needing to be replaced by new hires. A combination of both numbers indicates total openings. Skills Gap by Occupation22 8uotleet i,, Al,.,.nng, .r.)d So to ro.IcdE. 43-3031 2g984 20,503 f3&1) 13058 1-1,243 676 12.567 $22.58 rwaiti nC Cleras no degree Texan. nk As.si,o..s, Cxceul So 0e01,dE. 25-0045 11,752 12,207 155 5,678 7,591 45 7346 51753 I'ostseconoary to degree n.awa dT actor rran.rTmck P/'� ccmday 533032 Y0,600 10,908 408 5433 6,891 183 6,759 .22,92 C rluers tlegree P....crund," 311121 KU1- Accicvnr 9,54E 10594 1,049 5.118 7,441 1.178 G.M3 G1G 75 nond�re. Pu.,,..cru d,,, 31-1U92 Medic. Ass'. starts 8,b2d 9,5".a 92U 4.4/b 6,49E 2.13b 4Alu $ll bl '00desree ,n Postsecondary it �Irlll NI]<UeP lrl<rani CfG 4114 h4X`I //� /,h.fi At11 =. lnl/ %,`I1M1 C1M1`Ifi indCtlree Associate 234011 PalaleCals and teCal Assistants 4,308 4,bn2 364 2,143 3.b09 114 1.835 S22 i1/ ]cgm 49 3023 Auto not ve sel ce IeCh0 CldoS 6,645 6,526 (119) 2,%7 3435 608 2,827 C2199 eostseco)aary .md Nlotlrtnlc, nrtnrmgro vosTseco,dary 31-9091 Dental Assstantc 5,617 5,799 182 2,94E 3,54E 1,295 2 353 C19 39 nondegu. 'one Co IC?.g, 43-4151 UrdCr Clerks 3,57E 3,337 (210) 1,926 2,211 41 2,170 <1734 n deer,. n0a,T 1F., Air ronditioil ip. aT'id k, ..rnntlory 49-9021 O etrlgeranlon MecGanle a rd 3,944 4.182 228 1.727 2,2,4 2G2 2092 5290G Monde Six I) all s C 11"L ter Umr S.".1L cu'.IeEe. 13-1 3 1,826 8,2-4 418 2.690 3,/24 164/ 20// '26.3b SPEC', 'e C deCreE L¢r-u PI -Li-. ono_. LILLO P i unday 29-20bl 5,214 8,894 CEO 2.2]4 . trOf 2TOnal AV«ES npn(VE�rPE " CMSI Labor Market Analytics, 2021, www.economlanodoli ne..com. City Council 24 - 39 41612021 f IWMUOJ "i11 I elecommu ,,nons Lq,i)me it pn;r:rrnnrhry 4g2022 Ir ,;,ncr R t.du-r:,rzro-,1 2,127 Jpg9 ()2E1 111g 111i 0 1,111 ,`,2g41 Line Insta le L rlora....d:nu] nccuunL_ 11-3U13 Lngineerr. ng lachio'. ogisis ano 2,21J2 2,211 1� )1] 1,121 1 1.121 $3084 A—U-1o, agree TttnnlGan: The top three hard skills requested by employers in job postings between January 2020 to January 2021 were accounting, auditing, and customer relationship management. The following charts show the top common hard skills and the top common skills in relation to the frequency Lhese skills appeared in job seeker profiles. Top Hord Skills Acc-�unl nN old0old0old0oN�0old0old0old0old0old0old0old0oN�0old0old0old0old0old0oldOdrva° °°°°°°°°':..'°°°°°°°. And tilg ............ ...."""".. Merchanclising Selhr� T✓rlrrr cn e, old0old0old0ot0old0old0old0old0old0old0old0ot0old0olli °°°°°°. ".r°°°°°a` nxtaurant Operation O�fi�.0i�.0 .0. ,""""" •"""°'.. Nursing OdO0dO0dO01dO0 waaaa aaaa,... sal (Pr„gr,nrr,rn„I,rr,,.r,„cl old0old0old0ot0old0old0old0old0o6dllPaaaa°aaaa, Customer Relationship Ma nagemenr p�p�p�pk p�p�p�p�p�p�p�pk p�pih Protect Management old0oliiji jiijiiji jiijiiji jiijiiji jiijr New Prudocr Dlupn erl O�O�O�Ok O�O�O�O�O�O�O�Ok0�00 091. 2°a 4t.L 6t.L m frequency In Job Poalne., am rrequulcy In Profile; Source EMSI, Labor Markct An alytics, 2021 Tr,p rnrnm:;n Skills Commu9cat ons dddddddddhndddddddddddddddhndddddddddddddddhndddddddddddddddhndddddhnm INHI1dQCnl Cllt dddddddhnm Customer Servicc Sale: Lcudccn p diry Operations dd ddddiddddM ncl:iil Orit•.nlcd p�ddddndddddddddddddddnddddni Problem Solving dddiddddddddddddddddid dim NlirrOnnft Lxfe1 Prc,enlo Liun. 4XXXXXXXXXXXXX.X. 0% 5% 10% ISM 20% 25%. 30% 35% 'iA', ncgocrµv in lob Pool -I'll M -ttk1oen,.y in Prrdilca Snurre FM51, I Mini, Marker Analytlrc,?W1 40% City Council 24 — 40 41612021 WSWOU"aw1 2Aiii. Provide on analysis of industries and occupations with on emerging demand. The RPU analyzed location quotient, total jobs, and competitive effect data to identify industries and occupations with an emerging demand. An analysis of location quotient data demonstrated which occupations and industries are unique and specialized in the Orange County region (compared tothe national average). I he competitive effect indicates how much of the job change results from some unique competitive advantage in the area. The competitive effect measures the job change that cannot he explained by national growth and industry mix. The change in competitive effect points to regional -specific factors on the change in local employment numbers. Factors such as labor force training and education, skills, transportation, supply chains, aging demographics, and other regionally influenced factors may impact these industries and occupations' cornpeLiLive ness. Using the 3-digit NAICS code, the emerging industries identified had a Location Quotients are Location Quotients are location quotient that increased greater than 1.2 and greater than 1.2 and between 2015 and 2020 and had a steadily decreasing steadily increasing location quotient less than 1.2. The w. _ industry list was filtered to include Location Quotient is less Location Quotient is less industries with a competitive effect than 1.2 and steadily than 1.2 and steadily greater than 1, percent change in jobs decreasing increasing higher than 10%, and more than 1,000 jobs. The following chart consists of a list of the top thirteen emerging industries in Orange Cnunty. This combined list of sectors accounted for 773,367 jobs in 7020. This group of industries is projected to grow to 327,315 jobs by 2030. Industries with Emereine Demand TransiL and Ground Passenger 49 , Tra M(lOriannn 4 l45 G 1 R. 1,891 45rh 1.209 0(.4 079 14 SG?o RPverage and Tnharro Product 312 Manufacn:dng 1,551 2 O80 529 34A 125 O.G2 O.GS 3.04'n 4A1 Air I rnncporrrnnnn A)/ 1 IAI )(14 Ox 14/ 0 if, o )o 1 )WA 674 A.>h',„+nr_c 41,749 50'w) 9,07) ))X• 3.690 0.95 1.U) 484 Taic K Transporianon S,6U4 (,621 1,017 18% 841 U.3u U.34 3.92% waste ManaR.clncnt and SG2 4,GGS 5,3£S 720 is 'A 153 1.02 1.D4 15£90 Rernediabun Services 4G4 Non,torc Retailer, 0,937 7,943 1,011 15% 273 097 299 2.0014 902 Sutc Gwcnunua 28,208 32,308 4.100 1556 3,S52 043 054 5.19"n 621 ArnbolaWry HCaILh Care Se VILU, 84,699 96,614 11,915 14% 3,346 107 1.U9 2.2498 N,m aria, :nH ReslJen Ool (:me 6)3 )R,146 )R,413 1,267 13% ),987 0.64 0.76 6.7)9(. Facilities 32S Chemical Manufacturing 7,473 £,441 9G3 131A 59, 0.34 0.£9 5.0 % FurnlLLre and Rela Led Prod -ILL 337 Manutaripring 4,X,3 4,30) 540 13;(, 64111 097 1 10 13 38?o 446 Health ano Personal Care Scores 10,942 'U,253 1,319 1)94 1,5)4 OCM 1 06 1 1.R79i. Snurro: FMSI, I ahor MarYct Analytics, 2071 City Council 24 - 41 4/6/2021 WSWOU"a 1i 2020 Location Quotient Industries with Emerging Demand The following is a list of the top occupations in Orange County with emerging demand. These occupations have a location quotient of less than 1.2 as of 2020. The location quotient has increaser) sinre 7015. The competitive effect is positive in these prnfessinns, demnnstrating a high degree of regional -specific factors influencing job growth. Home Walih and Porsopal 31-1100 Cms Aides. and fdulslhU 30.a83 54.G4a 24.1 G1 As, sim, .Oidcd'. es, and P... l ivlr., Aide, Occr-(patio al Health and 19-5000 Safely SPSC1311ata aid 574 877 203 TEc imc'. ant CVJnit'lola, Sol_ill 211000 Workers, and 0tncr 1r.3s2 24.920 1.063 Go' l llrl4111.1 illld S'Y: J SerylCl- SOL`Clalj3lg Saol:rvlsors of Protcstivc 33-1000 „erviee WprkerS 1.127 1.363 2GG ether Fd, cvidnA 25-l1001 lrstr11chJ0 a11d L11Hary 1E, 12/ -19.31.i ;i.-14h ncC'.Ipatlnn9 53-3000 Motor Vahlcle Operators 29.104 31.733 Sji29 53-2000 Air Transportation Workers 1.012 1.201 192 Other Management -iy 11 gnml oce-1patlons 2sr: 4r,24h 6 y91 41-1001 FIe:Mnp, and Fnrvn ry 94 ill 17 Wofksls Olhcl and 47-4990 rt,,htrd Workers 7271 3.0351 G64 79'%. $13 52 20.03G 115C 091 033 53% $40 e2 112 059 0.73 a 10 40Y. $23-94 L082 0-ir 0-96 0-13 23 % $33 c0 G4 0 37 036 001 211"/ $-18 iu 1,/42 11H:1 1143 ILUI 19 % $1004 3 050 ow 0.06 005 19/. $4177 11, 028 0.31 003 id' T,4=3-06 2.12I 0.8tl 1-01 0-93 17'Y lollds,) 19 0_11.. n l ik 0 D-, 17 % $2806 201 1170 0.74 0 )G City Council 24 — 42 4/6/2021 WSWOU"aw1 Plant and System SI-a111111 Operators 1,h 1It 1,B42 224 14-A S39J4 164 04:1 1LS2 ILO/ 45 3000 1 isr,.nq and 1.1118riq 81 91 10 121^z $1d,.G4 24 0.10 0.2G 0.)7 Wo1K"rc �3-r000 Material Moving Workers r6.369 Ma 29 9.160 12% $14-41 2204 106 1-0( 0A1 39-1000 `",perolr.nr-.; 011'ermrlal 2.551 2.841 290 11V, $17-43 99 0-90 0-99 0-02 Cairo :roll Sarvlcc WOrkCrs 294000 H`=ac,hh0ham_ DlUgnnsing of 17.6M 52ts87 f,.082 11 %. $51 ds )0t3 079 079 0.00 Tq Pq,ptlipnprt 34-4000 Othcr Personal Care and )1.7i4 9sBS3 ).-130 10% $-14 US ) 5)1 081 1) g0 0.04 Service Wcrkcrs 2r 1000 Postsecondary Teachers 17.453 10.004 1551 9% $42-07 1G99 0-87 0-93 0-07 0111c1 11u1e18 a'.Un. 49-9V00 Mamll-ran., "no hcp5lr 2H,U31 3rrterd 2337 811 1,22-97 Ii4-t 0-83 083 U-01 0cc'.Q+a1iUrls 33-2000 I irchrylilnq anU rIuvUTJ00 1.783 1.016 13G 8°5 $4045 110 048 OS) 0)2 W VrKcrs 21-2000 Rellsvous Workers 4.140 4.640 200 7% $20-t4 138 r]-t14 0--115 0-02 51-3000 Food Proccss'.ng Workers 6.764 7.042 278 4'1 $14 O5 196 0.70 0.77 001 45-4000 Fwssl. Conservation. and 116 120 4 4% $14.14 4 014 0.1e 0.00 Logging Workcre 37-2000 Bmldlno Cleaning and Past 48,275 49,995 1,720 4^/, $14 M 1,514 1 tit 1117 ❑ [)h Control Workers Source: EMSI, Labor Market Analytics, 2021 2B. FOSTERING DEMAND -DRIVEN SKILLS ATTAINMENT 2Bi. Identify the in -demand industry sectors or occupations for the region - The Orange RPU has identified four priority industry sectors (or industry clusters) with a substantial current and potential impact on the regional economy based on labor market information. Advanced manufacturing, health care, information communicaLion technology and digital media, and retail, hospitality and tourism contribute to the growth and stability of other supporting businesses, industry sectors, and jobs that lead to econornic self-sufficiency and advancement opportunities for Orange County residents. NIAICtlStl industry codes included in each sector rry q m V161,".�;1jslrid'a�n0gAld��ibiipl�lvpfllipllvpfllipllvpfllipllvpfllipl�lvpfllipllvpfllipllvpfllip11vp8 . vdtllPSlvpflliSlvpflliSlvpflliSlvpflliSlvpflliSlvpflliSlvpfll,�;dniQ,n"rl� rVhIVNN�q���lvpfliipllvpBlipllvpBlipllvpBlipllvpfliipllvpBlip 3240, 3251-54, 3259, 3271, 3279, 3311, 3313, 3315, Advanced Manufacturing 3331-3333. 3336. 3339. 3341-3346. 3351 3353 Healthcare b21,022,023 Information and Communications Cif, ,5a1, Technology (ICT)/Digital Media Retail, HUSpltallty, & I Our Sin 44, 115, 71,72 I .:., r1,i, Atip„ / ,', ,i'r,I",, , sector has 92,045 full and part-time jobs. The average earnings per job in 2020 was $122,840. There were 2,169 payrolled businesses in the Orange County region in 2020. The industry growth between 2017 and 2020 was .9%, below the state average of 1.9%. Regardless of this slight upward percentage movement, manufacturing has been on the decline in the region and the nation. The expected change between 2020 to 2030 is -5.2%, with a loss of 4,741 jobs. Automation, change in skills required to pertorm new tasks, import competition, and a decrease in mobility are all reasons cited as contributions to the decline. City Council 24 — 43 4/6/2021 SWOU"a 11 Despite the declining jobs, advanced manufacturing is a priority in the Orange RPU due to the number of jobs and the impact on the local economy, given the sector's total gross regional product (GRP) of $23.8 billion. This sector represents approximately 10% of the county's total GRP. The advanced manufacturing sector has highly specialized and growing advanced manufacturing subsectors in Orange County. Medical equipment and supplies manufacturing had a concentration in the Orange County region five times higher than typical regional areas, with a location quotient of 5.43. Medical equipment and supplies manufacturing also increased jobs by 12% between 2015 and 2020, bringing the total employment in 2020 to 19,776. Other healthy and growing subsectors in the region are semiconductor and other electronic component manufacturing (LQ 3.78), audin and video equipment manufacturing (LQ 4.89), semiconductor and Other Electronic Component Manufacturing (LQ 3.28), and Manufacturing and Reproducing Magnetic and Optical Media (LQ 3.12), aerospace product and parts manufacturing (LQ 1.95). Manuracturing companies will need a Skilled worker pipeline to fill jobs in these 2020 Industry Sector Age Breakdown specialized subsectors and retirement 30000 positions. The sector has an aging 2SO00 23,542 22,688 workforce regionally and nationally. 2u000 1L791x,5a0 Workers 65 and older represent 6.7% of ls000 the workers, and 24.6% are between 55 100no G,192 and 64. Recruiting and retaining ahigh- 3.771 quality workforce for new technology- 50C1C1 118 driving positions will be necessary for ° 14-18 19-24 26-34 35-44 as-sa ss-ea es+ manufacturing innovation. I here are SOJI¢: EMSI. Labur MerkcL Ana IVLl6, multiple opportunities at various entry pnints for individuals with a high schnnl diploma, a certification program, or a 7-4 year cnllege degree. n R, sector has 158,224 full and part-time jobs. The average earnings per job in 2020 was $77,496. There were 11,248 private and public healthcare establishments in the Orange County region in 2020. The industry growth between 2017 and 2020 was 5.4%, above the state's growth percentage of 5.2%. The expected change between 2020 to 2030 is 18.2%, with a gain of 28,832 jobs. The sector contributes $15.5 billion in GRP, 99/u of the county's total GRP. The healthcare sector comprises several related subsectors and supporting industries that include ambulatory health care services, hospitals, and nursing and residential facilities. The healthcare sector is growing and continues to be a stalwart industry throughout the pandemic. Healthcare is one of the few recession -proof industries, with registered nurses being the top posted occupation between January 2020 to 202122. The sector will likely continue to be a driver of economic activity given the rapidly aging Orange County population, increasing the likelihood that many residents will require more health care and support services. EMSI Labor Market Arlolytics, 2021, www.econontiunotleli ne..com. City Council 24 — 44 4/6/2021 WSWOU"a 1i h, A 1 u m p., 'A I ., (ICT) sector has 54,096 full- and part-time jobs. Computer programming services, computer systems design services, and software publishers have the highest number of jobs in the county, at 33,410jobs combined. The average earnings perjob in 2020 was $132,987. There were 4,545 payrolled business locations in the Orange County region in 2020. The industry growth between 2017 and 2020 was 0.8%, below the nation's percentage of 3.5%. The expected job growth between 2020 to 2030 is 7.1%, with a gain of 3,849 jobs. The sector contributes $16.1 billion in GRP, 11% of the county's total GRP. The technology sector accounts for a significant portion of Orange County's economic activity, as economies, jobs, and personal lives become more digital and automated. The ICT sector develops innovative services and products that impact all industries in a region. The ICT applications ran be seen in manufacturing with computer simulation and the healthcare industry with the rise of telemedicine and telehealth. Training and upskilling of existing staff in the industry will be crucial in ensuring regional competitiveness. u � p„ , sector has 369,332 full- and part-time jobs, making it the largest targeted sector of the RPU. The average earnings per job were $39,625 in 2020. There were 19,500 payrolled establishments in the Orange County region in 2020. The number of jobs declined by 5.9% between 2017 and 2020. The state and the nation declined by 5.7% during the same period. The expected change between 2020 to 2030 is a growth of 3.0% and 11,153 job gains. The sector contributes $26.2 billion in GRP, 10% of the county's total GRP. According to the Orange County Visitors Association, OC welcomed 50.2 million visitors who spend 413 billion dollars in 2019. This sector is part of Orange County's DNA and was hit the hardest by the pandemic's effects. The industry sector is diverse and includes hotels, restaurants, entertainmentvenues, cultural attractions, sports parks, theme parks, food establishments, retail stores, and other venues. The industries with the highest numbers of jobs in 2020 were full - service restaurants (60,461), limited -service restaurants (52,8)8), and amusement and theme parks (27,368). Often the jobs within these industries are characterized by low -wages. The industry has historically offered entry-level employment opportunities to new immigrants and candidates with a high school diploma. While many jobs exist in lower -paid, entry-level classifications, there are many opportunities to secure positions offering higher compensation. The challenge is ensuring those in entry-level positions obtain additional job -specific skills and English language skills necessaryto qualifyfor promotional opportunities. Sector strategies and incumbent worker training are workforce development strategies that can play an essential role in lifting people up from lower -wage jobs. 28ii. Describe how the RPU and regional partners will expand or develop, and then implement sector initiatives for those in -demand industry sectors or occupations. Orange RPU started the regions sector partnership work under the Slingshot grant. The RPU engaged John Melville, a national leader in the design and practice of next -generation industry engagement. John Melville's initial work guided the launch of Industry Sector Partnerships (ISP) in the RPU's four priority sectors using the Next Gen Sector Partnership model. The first City Council 24 — 45 4/6/2021 collaboration meetings occurred just before the COVID-19 pandemic. These meetings represented a starting point for a partnership that will deepen and grow over the next several years. The RPU had participation from core partners, employers, chambers, and unions. The Orange RPU regional organizer will continue to lead the sector partnership work. The goal of the RPU sector partnership strategy is three -fold: 1. Conduct regular sector meetings with employers to identify common industry priorities, address shared vitality issues, and understand hiring and training needs to create a pipeline of qualified candidates in growing sectors. 2. Develop workforce strategies in partnership with adult education, community colleges, and other partners that include mapping career pathways, work -based learning, and apprenticeship programs. 3. Unify and coordinate business engagement efforts by all partners to minimize duplication of efforts, minimize employer fatigue, and promote systemic change that benefits the industry, workers, and the community. To address upward income mobility and improve economic self-sufficiency, continuous and authentic industry leadership and shifts in workforce strategies are needed to transition low -skill job seekers into middle -skill careers and address underemployment in the region. The pandemic has slowed the industry sector's work progress. The RPU is still committed to re-engaging employers and partners and building upon the industry sector work started. The RPU will work jointly with the Los Angeles/Orange County Regional Consortium (LAOCRC) as the lead sector strategy convening team. LAOCRC serves as a regional framework to communicate, coordinate, collaborate, promote and plan career and technical education and workforce and economic development in the Los Angeles/Orange County Region. In Orange County, LAOCRC includes nine community colleges and one stand-alone continuing education (noncredit) center within four community college districts. LAOCRC Regional Consortium has identified separate priority sectors for each subregion. Orange County community college sectors are shown below. Four of the community college sectors align with the Orange RPU priority industry sectnrt; however, the RPU changed the titles to match those of the community college to ensure no confusion on Lhe region's prioriLy industries. Sectors for the OC Advanced Manufacturing ✓ ✓ Advanced Transportation & Logistics ✓ Life Sciences/Biotech ✓ Business and Entrepreneurship ✓ Energy. Construction, and Utilities ✓ Healthcare ✓ ✓ ICT/Digital Mrdia ✓ ✓ Retail, Hospitality, & Tourism ✓ ✓ City Council 24 — 46 4/6/2021 WSWOU"a 1i In partnership with LAOCRC, the RPU will expand sector partnerships by working with Orange County chambers of commerce and other community and educational partners to identify additional core team members who will support strengthening industry sector partnerships. Orange County has many state, county, and local civic organizations, four community college school districts, twenty-seven K-12 school districts, California State University and University of California systems, and numerous other public and private stakeholders with a vested interest in workforce and economic development. Such a large number of stakeholders requires a great deal of commitment from the core group to build deep, sustainable relationships resulting in career pathways and a steady pipeline of workers within our identified priority sectnrs. This core team will be responsible for developing and carrying out an action plan that provides a strategic and coordinated effort to unify business engagement efforts, identify and engage industry charnpions, other businesses, and supporL partner organizations. The core Learn will relaunch sector meetings in the four sectors to gather information about the challenges and opportunities. After the initial meetings, employers will be invited to regular meetings to set goals to address their needs and take actions with the partners on those goals. Meetings and agendas will be employer -driven, and actions taken will create a pipeline of qualified candidates who meet industry needs for in -demand occupations. Although the RPU has started using the Next Gen model, fidelity is not as important as determining the appropriate strategies tailored to the Orange County regional economy, industry sectors, and worker populations. The RPU will schedule industry sector group meetings, and the groups will begin to identify strategies, design appropriate programs and services, and then move into the implementation of sector projects. Implementation will likely include a mix of basic strategies that include: • Training and skills development to bring new employees into specific industries and occupations • Business development • Incumbent worker training • Labor market and industry research • Restructuring of work environments to improve recruitment, hiring, training, compensation, and retention strategies • Integrating two or more of these strategies in a multifaceted approach 2C. ENABLING UPWARD MOBILITY FOR ALLCALIFORNIANS 2Ci. Describe how the RPU will prioritize working with employers who provide quality jobs that provide economic security through family -sustaining wages and comprehensive benefits. This should include whether the RPU has, or plans to develop, a formal policy related to job quality. The Orange RPU is committed to identifying strategies that improve the workforce system, ensuring that it enables economic growth and shared prosperity for employers and employees. The California Workforce Development Board defines quality jobs as employment that provide City Council 24 — 47 4/6/2021 family -sustaining wages, health benefits, a pension, worker advancement opportunities, and collective worker input and are stable, predictable, safe, and free of discrimination. The local boards are attuned to the pandemic's increased impact on residents in lower -paying jobs and the increasing national attention given to those in low -wage jobs and who face increased inequality. The RPU and regional partners work tirelessly to move unemployed and underemployed individuals, especially those with barriers to employment, into higher -paying jobs with benefits. Before the pandemic, Orange County's unemployment numbers were historically low. But unfortunately, low unemployment did not mean all Orange County residents were thriving. Rased on the two hundred and sixty-sixth percentile (266%) of the 2020 Federal Poverty LBvels, the self-sufficiency standard in Orange County is $23.99 an hour for a family size of 2. Low -wage workers have suffered the most in this pandemic -induced recession. In 2020, 741,966 of the 1,805,612 jobs (42%) had an average wage of less than $20.00 an hour. The majority of these jobs (511,322) were held by rninoriLy workers, with Hispanics holding Lhe IargesL share of Lhese lower -wage jobs (46%). Massive job losses have been concentrated among lower -wage workers in retail, hospitality and tourism, and food service jobs. The region's targeted industry sectors show potential for family -sustaining wages but are not immune to offering lower wages. Such jobs are a big part of the Orange County regional economy, given its large footprint in the retail, hospitality, and tourism industry. While some of these entry-level occupations in targeted industry sectors have well -articulated career pathways to a job with self-sustaining wages, each of the professions provides foundational skills that will better qualify individuals for enhanced employment and income opportunities. Aspen Institute's work on sectoral workforce development strategies identified two fundamental approaches to helping people connect to better employment: 1) removing barriers to good jobs for low-income people and 2) improving the quality of jobs in key sectors in which many low-income people work" The RPU and regional partners understand the importance of developing strategies that accomplish both. Through industry sector work, the RPU is committed to ensuring that job training is a bridge to more financial stability and not a funnel for low -skill individuals into low - wage occupations. The Orange RPU understands its role in investing in and advocating for qualityjobs. The RPU will develop a standard tool for determining job quality to assess what industries, companies, and jobs to target. The RPU will prioritize working with employers who provide qualityjobs and those interested in improving theirjob quality and being part of moving low -wage workers into better - paying positions. The RPU will develop business engagement protocols that focus on engaging businesses that provide quality jobs or have an interest in improving job quality. The RPU will work with industry sector business leaders to ask questions and begin conversations around job 33 MallrBBn Conway Pi al., Sectors StratBE`,IBS }pr Low -I ncomp workers. '_Pssons }roil the FIB Id (WashingTon, DC: Aspen Institute, October 1, 2007), https://www.aspeninst!tnteorg/publications/sectora strategic, low ncmne workers lessons fold/ City Council 24 — 48 4/6/2021 WSWOU"a 1i quality, helping businesses understand how workforce investments can improve their competitive advantage. Through sector work, the RPU will work with the businesses and regional partners to identify entry-level positions and develop career pathways with multiple entry and exit points, ensuring individuals understand their path to self-sufficiency. The RPU will review high -road employment practices and strategies, such as the National Fund's Design Framework, to design better jobs. Their approach meets employers where they are and supports them along a continuum of improvement. Lastly, the RPU will target limited dollars for on-the-job training and incumbent worker training towards quality jobs that provide upward mobility. 2Cii. Describe how the RPU and regional partners will work together to identify shared target populations and develop targeted service strategies The one -stop delivery system provides the local boards and partners the framework to continue and advance discussions of how workforce prograrns can be rnore effective, efficient, and aligned. The regional partners recognize that the answers will only come when we step out of our respective silos. The RPU and partner organizations have identified and are currently addressing the needs of shared target populations that include English language learners, justice - involved individuals, individuals with disabilities, Veterans, and disconnected and foster youth. A recurring theme in our planning meetings was that organizations seeking to serve these populations feel they would benefit from better linkages with other organizations doing the same work or complementary work. The RPU has regularly scheduled meetings to address service delivery and performance for all but one of these targeted groups, English language learners. During the regional planning meetings, the local boards and partners shared promising practices to address English language learners' specific challenges. The group discussed Lwo disLincL subcaLegories, chose with low skills and education and those with higher skills and educational degrees from other countries. The RPU and partners made commitments to reconvene to discuss how we can collectively improve service delivery to English language learners and determine if other populations warrant different workforce development strategies to serve them more effectively. 20ii. Describe how the RPU and regional partners will work with employers and training providers to ensure that historically unnerved and underserved communities have equal access to the regional sector pathways, earn and learn opportunities, supportive services, and other approaches identified by the RPU. This should include whether the HPU has, or plans to develop, a formal policy related to equity. The RPU and regional partners will ensure historically unserved and underserved populations have equal access to regional sector career pathways and other services and support through sector partnerships. Through sector partnership work, the RPU and partners will have the opportunity to work with employers to create career pathways that help mitigate the many challenges unserved and underserved populations face in completing educational goals and City Council 24 — 49 4/6/2021 moving into employment with family -sustaining wages. Workforce development programs and supports should not be designed as a one -size -fits -all solution. The populations we serve are diverse, and program designs should reflect this diversity if we are going to close the skills gap and combat economic inequality. Career pathways are a service -delivery model that can close achievement gaps and advance racial equity by helping individuals build skills over time. Career pathways are a long-term approach to serving individuals with limited basic skills or other employment barriers that the local boards are committed to developing. Sector partnership work will also provide an opportunity for the RPU to address issues such as degree inflation that tend to exclude minorities from jobs during the hiring proress. Acrording to Manjari Raman, director of Harvard Business School's project on Managingthe Future of Work, degree inflation refers to jobs that historically required more than a high school diploma or less than a college degree but now require a college degree 24. Explicitly requiring degrees for positions instead of Lhe jobs' skills exacerbates Lhe effect of racial disparities in educational achievement and eliminates workers who may have acquired the skills in other ways. Also, through sector partnership work, other hiring practices that disproportionately affect minorities, such as automatically excluding potential employees using criminal background checks and credit checks, can be discussed. Another strategy that the sector partnerships will address is creating work -based learning programs and pre -apprenticeship programs. Pre -apprenticeships can be valuable for people of color who have been historically underrepresented in apprenticeships. Work -based learning programs can provide vital formal access to employers that the population may not have had when relying on their existing professional and social networks. During the regional planning meetings, two general themes surfaced every session. One was how some people lacked access to OC One -Stop services and the second issue was the lack of digital literacy and access to broadband services. These are issues that the pandemic has exacerbated. Attendees discussed how transportation and childcare needs, and a general lack of understanding of the services available, contribute to preventing a large percentage of those most in need of assistance from accessing them. The local boards recognize specific populations require more outreach and require unique methods and strategies for locating, attracting, and retaining their participation in workforce programs. The Orange County Board recently purchased a mobile unit equipped with 12 computers inside and a monitor outside for presentations. The mobile unit is accessible by wheelchair by using the wheelchair lift. The mobile unit will serve as a mobile One -Stop Center for the Orange County community. During the regional planning meetings, the local boards discussed options for deploying the mobile unit to low-income communities, areas not close to a comprehensive One -Stop Center, and partner locations to increase access and awareness of services. Also, the partners will explore developing and using outreach and communication responsive to the targeted populations. I he boards and partner agencies will also explore additional referral agreements and referral processes with " Morgan, KaLe. "'Degree Inf!a Lion': How Lhe Four -Year Degree Became Required." BBC Worldife, BBC, 25 Jan. 2021, www. Me cnm/work Iite/anicIe/20210126-degrep-intlation-how-the-toar-year-degree-oerame- requwrodn:`:text=C0i OCtt o2USA203%2DV.Cti m25200f. Manaai ne,1620thc o20Futurco20oW20Work. City Council 24 — 50 4/6/2021 WSWOU"a 1i other organizations that can be engaged as partners to serve targeted people in their communities. Disadvantaged and vulnerable populations need increased support services, multiple service strategies, co -enrollment in additional programs, referrals to community service providers, and a team approach to succeed in the labor market. Broadband internet access is necessary for participants to complete enrollment applications, financial aid applications, and work requirements. Job openings are now almost exclusively accessible via the internet. Many job search websites are not fully accessible to mobile phone users. The digital divide between people who have broadband internet access and those who have no arress or cell phone -only access is also a huge harrier to accessing pnst-serondary education and entering the workforce. The RPU and regional partners have discussed the need for partners to collectively address the digital divide and commit to convening a workgroup to address this issue. The RPU has had informal conversations on strategies to address issues related to equity. The boards are committed to continuing the dialogue on regional equity issues and policy development related to equity. 21). ALIGNING,COORDINATING, AND INTEGRATING PROGRAMS AND SERVICES 2Di. Describe any regional service strategies, including use of cooperative service delivery agreements or MOU. A cooperative service agreement has been established between the three local boards to solidify the commitment to the overall workforce and economic development of the OC Region through system alignment, integration of service delivery, and leverage/braiding of funding. The regional boards have a very active and healthy partnership. Regional service strategies include: • Improve and enhance customer experience by ensuring staff receives ongoing professional development training and cross -training • Meet the needs of employers by implementing and scaling career pathways • Improve the quality of the workforce by improving alignment and partner connections • Align investments in targeted populations and industry sectors • Expand opportunities for employers and participants to engage in integrated learning and work experience activities • Sharing resources and braiding funds for tools and services that support the region as a whole 2Dii.Describe any regional administrative cost arrangements, including the pooling of funds for administrative costs for the region. The three boards in the Orange County RPU collaborate on multiple projects, with one or the other board acting as the fiscal agent. The RPU does not have any overarching arrangements or intent to pool funds for administrative costs at this time. City Council 24 — 51 4/6/2021 Orange County RPU's goal is to better align workforce services with economic development, educational institutions, and business. The boards will consider administrative costs arrangements if it allows the RPU to accomplish the objectives of the RPU more efficiently. City Council 24 — 52 41612021 Nswou"aw1 3A. STAKEHOLDER AND COMMUNITY ENGAGEMENT SUMMARY Email, phone, social WIOA Core 76 individuals The meeting was well media, local board Program registered and 43 attended by websites, Eventbrite Partners attended representatives from several core partner agencies. We had representatives from the local boards, adult schools, community colleges, conservation corps, job corps, community -based organizations, and housing authorities, EDD. Email, phone, social CalFresh 38 individuals The meeting was media, local board Employment registered and 27 attended by websites, Eventbrite and Training Partners attended representatives from the local boards, community colleges, community -based organizations, Orange County Social Services Agency. Email, phone, social Child Support 27 individuals The meeting was media, local board Services Partners registered and 18 attended by websites, Eventbrite attended representatives from the local boards, community colleges, community -based organizations, Orange County Social Services Agenry. Email, phone, social Competitive 34 individuals The meeting was media, local board Integrated registered and 28 attended by websites, Eventbrite Employment Partners attended representatives from the local boards, cornrnunily colleges, ROP programs, Goodwill Industry, City of Irvine Disabilities, and other communily- based organizations. City Council 24 — 53 4/6/2021 WSWOU"aw Email, phone, social English 22 individuals The meeting was media, local board Language registered and 19 attended by websites, Eventbrite Learners Partners attended representatives from the local boards, community colleges, community -based organizations, adult schools. Email, phone, social Re -Entry 40 individuals The meeting was media, local board Services Partners registered and 24 attended by websites, Eventbrite attended representatives from the local boards, community colleges, community -based organizations, State Parole, Orange County Sheriff, Mental Hcalth Services Email, social media, Community at large, 66 individuals The meeting was local board websites, Businesses, Chambers, registered and 33 attended by Eventbrite Core Partners attended representatives from the local boards, community colleges, community -based organizations, adult schools, Veteran Serving Organizations, EDD, State of California WSB. City Council 24-54 4/6/2021 313. PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE REGIONAL PLAN City Council 24 — 55 4/6/2021 rM."IIii"i11 3C. SIGNATURE PAGE ORANGE COUNTY REGIONAL PLANNING UNIT The regional plan represents the Orange Regional Planning Unit efforts to maximize and coordinate resources available under Title I of the Workforce Innovation and Opportunity Act. This regional plan, inclusive of a unified local plan, is submitted for the period July 1, 2021, through June 30, 2025, in accordance with the provisions of WIOA. LOCAL BOARD CHAIRS LOCAL ELECTED OFFICIALS ORANGE COUNTY WORKFORCE DEVELOPMENT BOARD COUNTY OF ORANGE BOARD OF SUPERVISORS Signature Teri Hollingsworth Name Chair, Orange County Workforce Development Board Title Date ANAHEIM WORKFORCE DEVELOPMENT BOARD Signature Joe Paquette Name Chair, Anaheim Workforce Development Board Title Date SANTA ANA WORKFORCE DEVELOPMENT BOARD Signature Stacey Sanchez Name Chair, Santa Ana Workforce Development Board Title Date Signature Andrew Do Name Chair, Orange County Board of Supervisors Title Date CITY OF ANAHEIM COUNCIL Signature Harry Sidhu Name Mayor, City of Anaheim Title Date CITY OF SANTA ANA COUNCIL Signature Vicente Sarmiento Name Mayor, City of Santa Ana Title Date City Council 24 — 56 41612021 I VA EW41 L� ., Orange County Workforce Development Board Carma Lacy, 714-480-6420, canna.lacy@occr.ocgov.com Santa Ana Workforce Development Board Deborah Sanchez, 714-565-2621, DSanchez@santa-ana.org Anaheim Workforce Development Board Marco I ucero, (714) 76S-4341 , MI ucero@anaheim.net ANAHEIM WORKFORCE oraooe cowry woa�o.ce ne•e oomom uoea Fl wt*a.OiuJY [o vro Ceun1Y Ol OrJnge �/ f"" SANTA ANA WORKFORCE DEVELOPMENT BOARD City Council 24 — 57 4/6/2021 Luca|Hao[ontent ------------------------- IA.VV|OACore and Required Partner Cvvrdinoiion..................... 2B. StateStrategicPartoerCoundinaduo------------' I{.VV|0ATitle | Coordination ....................................................... Appt,ndireq 3A. Stakeholder and Community Engagement Suro/nary—.—. 38. Public comments received that disagree with the Local Plan l �1 S .9 16 16 18 19 City Council 24-58 4/6/2021 2A. WICIA CORE AND REQUIRED PARTNER COORDINATION 2A1. How Local Boards and AJCC partners will coordinate the services and resources identified in their MOU, as outlined in WSD18-12 - W/DA Memorandums of Understanding. The local boards and AJCC partners coordinate the delivery of services and resources described in the loral hoards' memorandums of understanding (MOU), which delineates each MOLL partner's responsibilities when it comes to helping plan, develop, and implement the local AJCC system. The MOU serves as a functional tool that outlines how the boards and /UCC partners will work together to create a unified service delivery system that best meets their shared customers' needs. The MOU is reviewed and updated every three years, and the infrastructure agreement and other system costs are reviewed annually. Local boards hold AJCC partner meetings monthly, where each partner participates in helping strengthen the partnership across prograrns and works to improve the system's effectiveness that meets local customers' needs. Consistent recurring meetings allow the partners to review performance, shared goals, and address issues that impact service delivery. Partner meetings are also used to cross -train staff to maximize understanding of resources available in the AJCC system. The local boards and partner organizations share the responsibility of providing professional development training to staff. Co -located partners are in the One -Stop Center, and they collaborate closely and avoid duplication of services. Staff from partner agencies interface with clients as necessary and support case managers in developing individual employment plans that may include partner agency services. They also participate in general orientations, host client workshops, support clients in the resource room, and support on -site hiring events. Outreach efforts that support the AJCC programs are shared amongst partners. Partner agencies promote each other's programs to job seekers in the community to increase exposure to the One -Stop Center services. AJCC partners also assist in staffing the One -Stop mobile unit to reach a greater number of individuals out in the community. AJCC partners also coordinate employer services that support the training and retention of a skilled workforce. Coordination involves identifying and designing appropriate business and employment solutions, engaging businesses in sector strategies, and participating in rapid response events. Partners also support the promotion of work -based learning programs to the business community. 2A/1. How the Local Board and AJCC partners will work towards co -enrollment and/or common case management as a service delivery strategy, as outlined in WSD19-09 - Strategic Co -Enrollment — Unified Plan Partners. Local boards support the integration of service delivery within the AJCC system, including strategic co -enrollment and common case management strategies. Local boards have strong City Council 24 — 59 4/6/2021 partnerships with system partners committed to collaborating to increase service integration as appropriate for the local area's needs and for improving participant experiences. These practices allow partners to leverage limited resources and eliminate duplication of services. Case management is a shared responsibility amongst partners. CalJOBS is used to facilitate communication between partners and document participant activities, outcomes, and referrals. During intake, case managers determine if participants can benefit from being enrolled in more than one partner program. The intake process includes participant's authorization to release information that allows sharing of information amongst partners. Co -located partners use a common enrollment application that all partners can use to assess basic eligibility. System partners are cross -trained and knowledgeable in the eligibility and program offerings of multiple programs, allowing them to make appropriate referrals and helping participants navigate and access resources across partner programs. In the community and stakeholder meetings, the local boards have identified the following areas to improve integrated service delivery and a seamless cus.orner exper-ience: • Increase cross -training on WIOA programs and services to include community college and adult school from. -line staff. • Regularly schedule cross -training sessions to ensure staff knowledge of partner programs and services is current and new sLarf are Lrained. • Improve bi-directional referral process between local boards and all system partners to improve communication and outcome tracking: o Increase CaIJOBS referrals system usage by system partners or review other systems recently adopted by partner agencies. o Provide training to system partners on CaIJOBS referrals. • Provide system partners with CaIJOBS referral training. • Continue Orange County Leadership Council meetings but create working groups of partner organizations to address system issues that impede a seamless customer experience. 2Alll. How the Local Board and AICC partners will facilitate access to services provided through the one -stop delivery system, including in remote areas, through the use of technology and other means. In March of 2020, the local boards modified operations due to the COVID 19 pandemic. Santa Ana and Orange County AJCC/One-Stop Centers are open for in -person (by appointment) and virtual services. Anaheim provides phone and virtual services to clients and partners with the Anaheim Central Library to support clients who need access to computers and additional in - person support. I he local boards have all made the necessary adjustments to continue facilitating access to services provided through the One -Stop system, simultaneously ensuring clients and staff remain safe. City Council 24 — 60 4/6/2021 The local boards are committed to working with AJCC partners to identify strategies to increase access during and after the pandemic. Hybrid and virtual methods utilized during the pandemic may be incorporated in the service delivery model post -pandemic to support individuals who prefer to access services without going into a One -Stop Center location. This delivery model can help individuals who may have barriers such as transportation and childcare. However, a virtual delivery model has also created obstacles for individuals who struggle with technology and do not have access to a computer or broadband service. Before the pandemic, Orange County Workforce Development Board started developing a comprehensive virtual One -Stop Center and is still working to that end. The virtual One -Stop Center delivery system will use a customized learning management system (LMS) that provides the local boards and AJCC partners with a single system for the online delivery of services. The LMS system will help jobseekers access job search assistance, training, and essential support services frorn Lhe safely or their hornes. Also, employers may conducL virtual hiring evenLs and access AJCC support from virtually anywhere. The system provides an additional point of access to Orange County residents, including those in remote areas, increasing overall accessto services. Currently, orientations, workshops, and rapid response events are delivered online. In some cases, in -person classes are conducted with limited numbers of people. AJCC educational partners are providing instruction online. During stakeholder meetings, some providers expressed that they will likely continue with a blended training model that includes online and in -person training. Some of the boards and AJCC partners have internet hotspots, laptops, and Chrome books available for program participants to use. However, there is a greater need for additional devices to support access. The boards continue to serve employers with modified hiring events that include controlled on -site hiring events and virtual job fairs using the Premier Virtual platform. Lastly, Orange County has purchased a wheelchair -accessible mobile unit that will be a One -Stop Center on wheels. The mobile unit has twelve computers and a monitor on the outside used for outdoor orientations and workshops. It is available for the boards and system partners to use to serve Lhe cornrnuniLy. The unit will be dispatched Lo cornrnuniLy evenLs, libraries, parLner agencies, and parks. It will also be used to outreach to targeted communities and reach remote areas that are not near a comprehensive One -Stop Center. 2AIV. How the Local Board and AJCC partners will coordinate workforce and education activities with the provision of appropriate supportive services. The local boards have a supportive services policy that outlines resource and services coordination. Supportive services provide participants with assistance like child care, bus passes, gas cards or mileage reimbursement, work attire, occupational license fees, school supplies, and work tools. These are some of the supportive services provided that enable an individual to engage in WIOA career and training activities. Case managers work directly with clients to address any barriers to participating in career or training services, including barriers that can be mitigated through supportive services. If the case manager determines a need and supportive services cannot be obtained through other programs, they can provide the support. In that case, City Council 24 — 61 4/6/2021 a participant may receive the necessary support that would allow them to complete career or training services successfully. The local boards work with AJCC partners and other community organizations to identify support services resources. The demand often exceeds the budgets of the local boards. Customers are referred to other organizations to obtain such services before the boards' limited support services are expended. The resources that the boards are usually able to obtain through other supporting organizations are clothing and food. The supportive services most needed are child care, transportation assistance, and work attire. 2AV. How the Local Board and AJCC partners will comply with W/OA Section 188 and applicable provisions of the Americans with Disabilities Act of 1990 regarding the physical and programmatic accessibility of tocilities, proqrams and services, technology, and materials for individuals with disabilities, as outlined in WSD17-01 - Nondiscriminotion and Equal Opportunity Procedures. The Orange County, Santa Ana, and Anaheim Workforce Development Boards comply with WIOA Section 199 and the applicable provisions of the Americans with Disabilities Act of 1990. All AJCC/One-Stop Centers are accessible and assistive technology is available for those who have a physical, visual, or hearing impairment. The local boards and AJCCs ensure all locations meet ADA requirements through the Biennial Local Area Self -Assessment checklist. The local boards also ensure all eligible training providers meet the standards necessary to allow participants to access training. The boards comply by following the nondiscrimination and equal opportunity procedures outlined in WSD17-01. More specifically, the boards ensure the following: • Contracts, cooperative agreements, job training plans, and policies and procedures contain the nondiscrimination assurances • The OC local AJCC/One-Stop Centers provide initial notice and continuing notice that it does not discriminate by posting the required "Equal Opportunity is the Law" poster with the EEO contact information for filing a complaint. Postings are in prominent places in the centers and on the websites. • The nondiscrimination information is provided during verbal presentations, including participant's orientations. • Enrolled clients sign a nondiscrimination form, and it is maintained in the participant's file. • All staff members are provided with nondiscrimination policy information and training upon hire. Orange County repeats the training annually, and Santa Ana and Anaheim staff repeat the training every two years. • Program flyers and program communication contain an EEO and auxiliary aid and services statement. City Council 24 — 62 4/6/2021 2B. STATE STRATEGIC PARTNER COORDINATION 2B1. How the Local Board will coordinate with County Health and Human Services Agencies and other local partners who serve individuals who access Cal Fresh E&T services. The boards and co -located AJCC partners will work with the Orange County Social Services Agency (SSA) Lo improve labor rnarkeL ouLcornes for all recipients or CalFresh, including buL noL IirniLed to participants in CalFresh Employment & Training services (CalFresh E&T). The Orange County CalFresh E&T program participation is mandatory for individuals who receive general relief. The general relief program provides temporary cash aid to eligible indigent adults without children. The CalFresh E&T program is not currently available to other CalFresh recipients. CalFresh E&T participants participated in work experience programs at worksites developed by SSA staff before the COVID-19 pandemic. Since then, SSA has relied on the Cell -Ed online program to support CalFresh E&T program participants in obtaining their required 20 hours per month of job search and training activities. The California Department of Social Services (CDSS) partnered with Cell - Ed to provide Welfare -to -Work and CalFresh E&T program participants with the opportunity to receive education and training online to build skills and engage in eligible CalFresh participation hours while sheltering -in -place during the COVID-19 pandemic. Cell -Ed online services have fulfilled an immediate program need during the pandemic. The local boards provide priority service to recipients of public assistance referred to the centers. Before the COVID-19 pandemic, the local boards were finalizing the program design and referral process for CalFresh E&T participants. SSA requires tracking of participant attendance in staff monitored job search and other WIOA program activities. Historically, AJCCs have not tracked hours and attendance except for WIOA funded training programs. A process to track hours and attendance was established but has not been used because of the AJCCs modified service delivery during the pandemic. To strengthen the partnership and improve outcomes for the target population, the boards and SSA are committed to the following: • Finalize the program and referral process and move forward with referrals to the AJCC for those CalFresh E&T participants who elect to be served through the AJCC instead of the Cell -Ed online platform. • SSA will ensure CalFresh E&T participants who choose to utilize the Cell -Ed online platform also receive AJCC service information so they can access a broader range of employment services. • Provide SSA front-line staff training on the programs and services available through the One -Stop delivery system's staff and partners. • The boards, SSA, and community -based organizations will research program models and discuss expanding the CalFresh E&T program to all CalFresh recipients by engaging partners that can provide a non-federal match. 21311. How the Local Board will coordinate with Local Child Support Agencies and other local partners who serve individuals who are non -custodial parents. City Council 24 — 63 4/6/2021 Anaheim, Santa Ana, and Orange County boards, co -located partners, and Department of Child Support Services (DCSS) formal partnership arrangement was established during the WIOA local plan modification process in 2018. A bi-directional referral and consent process was established and is the current method used to refer non -custodial parents to the AJCC's. After instituting the partnership, the boards provided in -person and online training to 136 DCSS staff to ensure staff members understood WIOA programs and the new referral process. In addition to the training provided, the workforce board and DCSS managers met monthly to discuss program success and improvement opportunities. The partners will continue to meet monthlyto discuss opportunities to improve the labor market outcomes of unemployed, underemployed, and payment - delinquent non -custodial parents. The partnership has experienced a moderate level of success, with 131 referrals to the AJCC. Of those non -custodial parents referred, 58%of them had driver's license holds released due to participation in the WIOA program. To strengthen Lhe partnership and improve ouLcornes for Lhe LargeL population, Lhe boards and DCSS are committed to the following: • Grow parLidpanL referrals by focusing on outreach planning and new sLraLegies Lo promote the prograrn to a broader population of non -custodial parents. • AJCC sLaff will provide additional Lraining Lo rront-line DCSS sLafr on WIOA eligibility and detailed program information. • AJCC staff will work with DCSS staff to develop WIOA talking points for front-line DCSS staff to discuss WIOA services with non -custodial parents. • DCSS will train AJCC front-line staff on how to address concerns non -custodial parents express about going to work. Training will include educating staff on DCSS's goal not to be a barrier to the non -custodial parent's employment goals and the tools they have to modify child support orders. • AJCC will work with DCSS to develop a separate referral process for justice -involved non- custodial parents to the prison to employment program. • DCSS will start participating in the Orange County Leadership council bi-monthly meetings so the partnership can develop a broader range of support and participation from other community -based organizations and education providers. • Board staff will explore additional options to provide workshops to non -custodial parents who are English language learners. DCSS serves a large population of Spanish-speaking and Vietnamese -speaking non -custodial parents who could benefit from career workshops taught in their language. One -Stop Center staff currently offers language - specific workshops one-on-one to individuals when necessary. The centers do not currently have any group language -specific workshops. 2BIll. How the Local Board will coordinate with Local Partnership Agreement partners, established in alignment with the Competitive Integrated Employment City Council 24 — 64 4/6/2021 Blueprint, and other local partners who serve individuals with developmental and intellectual disabilities. Competitive integrated employment (CIE) is defined within the Workforce Innovation and Opportunity Act (WIOA, 2014) as full-time or part-time work at minimum wage or higher, with wages and benefits similar to those without disabilities performing the same work, and fully integrated with co-workers without disabilities. The Act requires that states ensure employment is offered as a priority outcome for people with intellectual and developmental disabilities (IDD). In furthering the state and federal laws, programs that provide sheltered workshops are being phased out and moving to competitive integrated employment, eliminating sub -minimum wage jobs. The Orange RPU boards coordinate workforce development services with local partnership agreement partners and other local partners who serve individuals with developmental and intellectual disabilities. The RPU board staff participate in the Orange County Local Partnership Agreement meetings that include the education providers, Regional Center of Orange County, ❑epartment of Rehabilitation (DOR) regions one and three, and other community -based organizations. The partnership has created new employment and training opportunities that align with WIOA and CIE Blueprint initiatives. The latest employment and training programs include Addressing Barriers to Employment (ABE) for adults and the STEPS to Employment (STEPS) programs for youth. Orange County Workforce Development Board and Goodwill Industries of Orange County are the lead program partners. The prograrn gives Orange County region IDD students and adults facing challenges more opportunities to achieve their greatest levels of personal and economic independence. Program participants are provided opportunities to participate in soft skills training, vocational preparation and social adjustment training (VPSA), work experience, and permanent placement into cornpeliLive integrated ernployrnerA. This prograrn partnership is an excellenL example of partners working together and braiding funds to improve targeted populations' outcomes. The local boards and DOR also work together to engage employers in business engagement activities such as chamber events, diversity job fairs, and other network business events. Another initiative is training and development on resources for helping persons with disabilities better understand their role in searching, obtaining, and retaining competitive, gainful employment. This course is taught to front-line staff at the local One -Stop Centers and partner organizations that are a part of the Orange County Leadership Council. To strengthen the partnership and improve outcomes forthe target population, the boards, DOR, core partners, and community -based organizations are committed to the following: • DOR will expand student services to the One -Stop Centers for eligible youth program participants. DOR will provide local board front-line staff with cross -training and professional development to ensure they understand DOR's vast offerings. City Council 24 — 65 4/6/2021 • Local boards and DOR will improve closing the loop on referrals and consider using the CalJORs referral system to provide referral feedback. • Increase participant referrals by focusing on targeted outreach and identifying other community -based organizations serving the target population. 2RIV. How the I ocal Roord will coordinate with community -based organizations and other local partners who serve individuals who are English language learners, foreign -born, and/or refugees. The local boards have a long-standing and effective partnership with the community colleges and adult education partners in the Orange County region. The Rancho Santiago, South Orange County Regional, North Orange County Regional, and Coast Consortiums serve a diverse population of English language learners, foreign -born, and refugee students. The English language learner, foreign born, and refugee community and stakeholder meeting was well attended by the OC educational providers and community -based organizations. The conversation helped all parLies gain insighLs and ideas on improving services and addressing gaps for Lhe LargeL population. To strengthen the partnership and improve outcomes for the target population, the boards, educational providers, and community -based organizations are committed to the following: • Local boards will look at the OC Leadership Council Meeting and determine if this meeting should be reformatted. The board will consider hosting smaller workgroups to address the targeted population's needs. • 1 ncal hoards will work with the educational providers to develop a program plan to improve support for individuals who have degrees from other countries that will: o Reduce confusion by helping individuals navigate the process of obtaining college transcript translation and course equivalency review by colleges, ensuring they do not start from ground zero unnecessarily. (-) Provide funding that individuals need to pay for transcript translation and review. • Help the target population understand how their existing skills can be used in the workplace and explore how work -based learning programs can support them in demonstrating their skills and abilities while learning new skills on the job. • Deploy the Orange County mobile One -Stop unit to the community colleges and adult center locations to improve outreach and access for the communities that do not have a comprehensive One -Stop close to them. Local hoards will provide training to teachers and instructors on WIOA programs and services. City Council 24 — 66 4/6/2021 2C. WI0ATITLE I COORDINATION 2C1. Training and/or professional development that will be provided to front-line staff to gain and expand proficiency in digital fluency and distance learning. The onset of the pandemic and stay-at-home orders, has resulted in staff using more digital tools out of necessity. These immediate changes have dictated that local boards move quickly, and many of Lhese Lools were adopted by individual sLaff members with very IiLLIe Lrdining or direction. All staff members were required to use technology and were digitally literate before the pandemic, and as they have engaged in immersive learning they are moving towards digital fluency. The local boards have supported current efforts by providing an environment that allows staff time for self -directed learning with online videos created for product use. Staff members have taken the time to master products and delivered and produced training videos to help their co-workers gain knowledge. Staff is encouraged to support each other in navigating new digital tools. As we advance, the local boards will add digital tools to the existing training and professional development strategy. Digital fluency is a foundational aspect of productivity, which can enable staff to perform more effectively. The local boards will work towards creating a culture of digital fluency with increased training in this area. They will provide targeted assistance and training to staff who need more help in adopting or contextualizing the use of digital tools within their job duties. 201. Training and/or professional development that will be provided to front-line staff to ensure cultural competencies and an understanding of the experiences of trauma -exposed populations. Staff training and professional development is a high priority for the local boards. The local boards and AJCC partners work together to provide front-line staff training. The Orange RPU has a training plan that includes a host of training, including cultural competence and trauma - informed care. The Orange RPU has successfully collaborated with partners and other organizations and leveraged training in the region. Any training hosted by the local board is open to partner staff and organizations in the Orange County Leadership Council. 2011. How the Local Board will coordinate workforce investment activities carried out in the Local Area with statewide rapid response activities, as outlined in WSD16-04 - Rapid Response and Layoff Aversion Activities. The Anaheim, Santa Ana, and Orange County Workforce Development [boards continue to support stateside rapid response activities by providing rapid response and layoff aversion services to businesses and outplacement services to dislocated workers in the region. Rapid Response teams offer services to employers and workers affected by layoffs and mass closures in the Orange County region. The rapid response team is made aware of large layoffs through Californid's Worker Adjustment and Retraining Notification (WARN) system. Local boards also receive notice of smaller layoffs from AJCC partners, chambers of commerce, industry association meetings, and news outlets. City Council 24 — 67 4/6/2021 The rapid response team includes the local board, Employment Development Department, and other educational and community -based organization staff. Local board staff are responsible for making initial and follow-up contact with employers and coordinating with partner agencies to organize rapid response events. The three regional boards coordinate rapid response events when a large regional employer has notified them of a mass layoff that affects residents throughout Orange County. The board rapid response teams convene regularly and have developed a common rapid response presentation that ensures the boards' teams deliver a consistent message throughout the county. The boards' rapid response teams also participate in the Southern California Rapid Response Roundtable meetings. Local boards also assist businesses that are at risk of laying off employees with layoff aversion services. The boards receive businesses' referrals and use the Econovue system to identify at - risk companies for LargeLed layoff aversion services. Rapid response and layoff aversion services include: • Online or on-siLe ouLplacernenL services for affecLed workers • Coordination with Employment Development Department on Trade Adjustment AssisLance and Work Sharing programs • Custornized training or Incumbent worker training • Conducting individual needs assessment of companies "business retention" needs • Assistance with securing tax credits, incentives, and cost containment programs • Coordination of utility and technology services • Assistance in accessing public financing programs (local, state, and federal) and Industrial Development Bonds • Identification of traditional financing opportunities • Assistance with obtaining Employment and Training Panel (ETP) funding to assist in upgrading the skills of existing workers • Coordinating with educational and job training institutions to satisfy the precise skills needs of one or more businesses Outplacement services for workers that have been affected by a layoff are provided to workers. Affected workers are made aware of these services through online and on -site rapid response events. The rapid response teams support laid -off workers in quickly accessing resources such as unemployment, health insurance, and rollovers for retirement plans. Also, laid -off workers are provided information on WIOA funded career and training services. 2C/V. A description and assessment of the type and availability of adult and dislocated worker employment and training activities in the Local Area. This includes how the Local Board will ensure that priority for adult career and training City Council 24 — 68 4/6/2021 services will be given to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient, as outlined in WSD15-14 - WIOA Adult Program Priority of Service. The adult and dislocated worker employment and training activities offered through the AJCC One -Stop system is a comprehensive array of employment services that includes career workshops, classroom training, on-the-job training, and transitional job opportunities. The following is a more detailed description of the program's services that are offered through local boards: • Comprehensive Employment Services- Career counseling and tools for job search preparation include training referrals, job listings, resume preparation assistance, interview workshops, access to on -site employer recruitments, and labor market information. • Career Pathway Programs: Career pathway programs have a clear sequence, or pathway, of education coursework and may include stackable training credentials aligned with employer -validated work readiness standards and skills. AJCCs offers programs that include a full range of post -secondary education options that may involve attending programs at local adult education, community colleges, and private educational institutions. As appropriate for the individual, Career pathway programs combine occupational skills training with adult education services, give credit for prior learning, and adopt other strategies that accelerate the participant's educational and career adva ncement. • On -the -Job Training Program: Each of the One -Stop career centers offers on-the-job training (OJT) for job seekers whose occupational interests or learning styles are best suited to work -based learning. The OJT program is a work -based learning program where the company provides training based on their specific needs. • Calla boration with Apprenticeship Programs: Santiago Canyon Community College (SCC) is one of the leading community colleges in Orange County that offers apprenticeship and journeyman training in various trades. The local boards make referrals to SCC for apprenticeship programs. The local councils plan to work closer with SCC to explore additional partnership opportunities for pre -apprenticeship programs. The local boards have policies and adhere to the requirements of priority of service. Priority is given to veterans (and spouses), recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient. Priority of service is established during intake and eligibility. AJCC operators' staff have been trained on the priority of service requirements, and the priority status is documented in CalJOBS. AJCC partners are informed of the local board priority of service policy, and they assist in referring individuals that meet the priority of service criteria. 2CV. A description and assessment of the type and availability of youth workforce investment activities in the Local Area, os outlined in WSD17-07- WIOA Youth Program Requirements. This includes any strategies the Local Board has on how to City Council 24 — 69 4/6/2021 increase the digital literacy and fluency of youth participants, including youth with disabilities. The local boards serve eligible in -school and out -of -school youth through contracted service providers and partner organizations, assisting them in their career and educational development. The program for youth includes the following fourteen required WIOA program elements: 1. Tutoring, study skills training, instruction, and evidence -based dropout prevention and recovery strategies 2. Alternative secondary school services, or dropout recovery services, as appropriate 3. Paid & unpaid work experiences with academic and occupational education as a cornponenL of Lhe work experience 4. Occupational skills training 5. Education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster 6. Leadership development opportunities 7. Supportive services 8. Adult mentoring 9. Follow-up services for no less than 12 months after the completion of participation 10. Comprehensive guidance and counseling 11. Financial literacy education 12. Entrepreneurial skills training 13. Services that provide labor market and employment information about in -demand industry sectors or occupations available in Orange County 14. Activities that help youth prepare for and transition to post -secondary education and training The following WIOA youth services are available in Lhe Orange County region: Case Management Case managers provide youth with guidance, support, and motivation while enrolled in the program and working towards education, training, and employment goals. Case managers work with youth to develop an Individual Service Plan (ISP), which identifies the employment goals and the comprehensive services strategy provided to the participant by the One -Stop Center and AJCC partner agencies. Case managers maintain contact with the participant and monitor their progress toward achieving goals in the ISP. If necessary, the case manager modifies the ISP in response to the participant's progress. The case manager also coordinates services with other AJCC partners that are part of the youth's comprehensive service strategy. Work Experience The local boards and AJCC partners provide work experience opportunities for youth to gain workplace skills. Work experience may be a paid or unpaid activity. Work experience is a City Council 24 — 70 4/6/2021 planned, structured learning experience in a workplace for a limited time. Youth may be placed at a private for -profit sector, non-profit sector, or public sector worksite. Youth work experiences opportunities include: • Pre -apprenticeship programs • Summer employment and other employment activities available throughout the school year • Internships and job shadowing • On-the-job Training Through the Orange County Workforce Development Board, OCyouth can participate in earn and learn programs such as Youth with Impact. The Youth with Impact program is a live, online mini - MBA program that equips participants with entrepreneurship skills, confidence, and business knowledge. Job readiness training Local boards and MCC partners provide youth with opportunities to gain employability skills or job readiness training to prepare youth for employment or work experience opportunities. Youth gain these skills through structured activities and workshops. Occupational skills training Short-term occupational skills training is a program activity that may be offered to youth participants. Occupational skills training programs provide specific vocational skills and must lead to an industry -recognized certificate. Educational services Local boards and AJCC partners provide educational services that include tutoring, basic education skills training, ESL training, and instruction that leads to a high school diploma or its equivalent. Support Services Youth are provided support services when necessaryto support their participation in other WIOA activities. Supportive services include but are not limited to linkages to community services, transportation assistance, child care assistance, and work -attire and work -related tools. Digital Literacy for youth Since the onset of the pandemic, youth services have moved to an online service delivery model. Youth participants have adapted to the online model with youth providers' support and Have been learning Lhrough irnrnersion. Over Lhe pasL couple of years, Lhe local boards have been working to strengthen the collaboration with the Anaheim Public Library and the Orange County Public Library system. The local boards have leaned on their library partners to support workforce development services through their offerings, including digital literacy programming, computer classes, online homework assistance through Brainfuse Help Now, resume assistance and career coaching through Brainfuse Job Now, and dropout recovery programming for youth City Council 24 — 71 4/6/2021 and adults. AJCC staff also connect youth to the adult education and community college non- credit programs which provide digital literacy programming. 2CV1. The entity responsible for the disbursal of grant funds as determined by the Chief Elected Official or the Governor, and the competitive process that will be used to award the sub -grants and contracts for WIOA Title I activities. The Orange County Workforce Development Board is designated by the Orange County Board of Supervisors, chief local elected official, to serve as the local board and as the fiscal agent responsible for grant funds' disbursal. Similarly, the City of Santa Ana serves as the Santa Ana Workforce Development Board's fiscal agent and bears responsibility for grant funds' disbursal. The City or Anaheim serves as Anaheirn's Workforce Development Board's fiscal agent and bears responsibility for grant funds' disbursal. The competitive procurement process used to award sub -grants and contracts for WIOA Title I activities depends on the award amounts. The local boards follow the competitive procurement processes of their respective fiscal agents and board procurement policies. These written policies adhere to state and federal procurement regulations. Also, the local boards follow EDD directives WSD17-08 related to the procurement of equipment and related services. 2CV11. A description of how the Local Board fulfills the duties of the AJCC Operator and/or the Career Services Provider as outlined in WSD19-13 - Selection of AJCC Operators and Career Services Providers. This should include the name(s) and role(s) of any entities that the Local Board contracts with. Consistent with WSD19-13 for Selection of AJCC Operators and Career Services Providers, AJCC operators and career services providers were selected for the local boards through an open and competitive procurement process. The following are the names and roles of the entities each board has a contractual relationship with: America Works Managed Career Solutions City of La Habra Gnodwill Industries of Orange County ProPath Hope Builders Orange County Conservation Corps Orange County Children's Therapeutic Arts Center Project Kinship Orangc County Conservation Corps One -Stop Operator Career Services Youth Services Ready. Set. OC Program Youth Services for in -school youth with disabilities One -Stop Operator Youth Services Youth Services Youth Services Youth Services Youth Services City Council 24 — 72 4/6/2021 City Council 24 — 73 4/6/2021 3A. STAKEHOLDER AND COMMUNITY ENGAGEMENT SUMMARY Email, phone, social WIOA Core 76 individuals The meeting was well media, local board Program registered and 43 attended by websites, Eventbrite Partners attended representatives from several core partner agencies. We had representatives from the local boards, adult schools, community colleges, conservation corps, job corps, community -based organizations, and housing authorities, EDD. Email, phone, social Call-resh 38 individuals I he meeting was media, local board Employment registered and 27 attended by websites, Eventbrite and Training Partners attended representatives from the local boards, community colleges, community -based organizations, Orange County Social Services Agency. Email, phone, social Child Support 27 individuals The meeting was media, local board Services Partners registered and 18 attended by websites, Eventbrite attended representatives from the local boards, community colleges, corn Jnity-based organizations, Orange County Social Services Agency. Email, phone, social Competitive 34 individuals The meeting was media, local board Integrated registered and 28 attended by websites, Eventbrite Employment Partners attended representatives from the local boards, community colleges, ROP programs, Goodwill Industry, City of Irvine Disabilities, and other community - based organizations. City Council 24 — 74 4/6/2021 WIT-0-HIM Email, phone, social English 22 individuals The meeting was media, local board Language registered and 19 attended by websites, Eventbrite Learners Partners attended representatives from the local boards, Community colleges, community -based organizations, adult schools. Email, phone, social Re -Entry 40 individuals The meeting was media, local board Services Partners registered and 24 attended by websites, Eventbrite attended representatives from the local boards, community colleges, community -based organizations, State Parole, Orange County Sheriff, Mental Hcalth Services Email, social media, Community at large, 66 individuals The meeting was local board websites, Businesses, Chambers, registered and 33 attended by Eventbrite Core Partners attended representatives from the local boards, community colleges, community -based organizations, adult schools, Veteran Serving Organizations, EDD, State of California WSB. City Council 24-75 4/6/2021 313. PUBLIC COMMENTS RECEIVED THAT DISAGREE WITH THE LOCAL PLAN City Council 24 — 76 4/6/2021 3C. SIGNATURE PAGE ORANGE COUNTY UNIFIED LOCAL PLAN The unified local plan represents the Orange Regional Planning Unit efforts to maximize and coordinate resources available under Title I of the Workforce Innovation and Opportunity Act. This unified local plan is submitted forthe period July 1, 2021, through June 30, 2025, in accordance with the provisions of WIOA. LOCAL BOARD CHAIRS ORANGE COUNTY WORKFORCE DEVELOPMENT BOARD Signature Teri Hollingsworth Name Chair, Orange County Workforce Development Board Title Date ANAHEIM WORKFORCE DEVELOPMENT BOARD Signature Joe Paquette Name Chair, Anaheim Workforce Development Board Title Date SANTA ANA WORKFORCE DEVELOPMENT BOARD Signature Stacey Sanchez Name Chair, Santa Ana Workforce Development Board Title Date LOCAL ELECTED OFFICIALS COUNTY OF ORANGE BOARD OF SUPERVISORS Signature Andrew Do Name Chair, Orange County Board of Supervisors Title Date CITY OF ANAHEIM COUNCIL Signature Harry Sidhu Name Mayor, City of Anaheim Title Date CITY OF SANTA ANA COUNCIL Signature Vicente Sarmiento Name Mayor, Cily of Sanld Ana Title Date City Council 24 — 77 4/6/2021 Community Development Agency https://www.santa-ana.org/cd Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Local Area Designation and Board Recertification AGENDA TITLE: Local Area Subsequent Designation and Local Board Recertification for a Two -Year Period from July 2021 to June 2023 RECOMMENDED ACTION Authorize the Mayor to sign the Subsequent Local Area Designation and Local Board Recertification application for a two-year period expiring June 30, 2023. DISCUSSION At its regularly scheduled meeting on March 18, 2021, the Workforce Development Board voted 14:0 (Elliott, Knitter, Korthuis, Perez absent) to forward the recommendation to City Council to authorize the Mayor to sign the Subsequent and Local Area Designation and Local Board Recertification application for a two-year period expiring June 30, 2021. The California Employment Development Department (EDD) released Directive WSD20- 06 on February 22, 2021, establishing procedures regarding subsequent designation of Local Workforce Development Areas (Local Areas) and recertification of Local Workforce Development Boards under the Workforce Innovation and Opportunity Act (WIOA). The subsequent designation and local board recertification is effective July 1, 2021, through June 30, 2023. This recertification ensures the continuation of WIOA funding and operations in the City of Santa Ana (Exhibit 1). Acting under the authority of the Governor, the process for subsequent designation and recertification of Local Boards under WIOA is overseen by the California Workforce Development Board (State Board). In accordance with WIOA Section 107(c)(2), the State Board will recommend recertification if a Local Board has met WIOA board membership requirements, met or exceeded performance accountability measures, and achieved sustained fiscal integrity. The completed Subsequent Designation and Local Board Recertification Request must be signed by the Local Board chairperson and the local Chief Elected Official (CEO), and City Council 25 — 1 4/6/2021 Local Area Designation and Board Recertification PY 2021-23. April 6, 2021 Page 2 submitted to the State Board no later than March 31, 2021. However, the State will accept unsigned requests so long as a fully signed document is submitted within a reasonable time. FISCAL IMPACT There is no fiscal impact associated with this item. 1. Local Area Designation and Recertification Application Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 25 — 2 4/6/2021 EXHIBIT 1 Local Area Subsequent Designation and Local Board Recertification Application for Program Year 2021-23 Local Workforce Development Area SANTA ANA City Council ' -,- - — 75 — 3 4/6/2021 EXHIBIT 1 Application for Local Area Subsequent Designation and Local Board Recertification This application will serve as your request for Local Workforce Development Area (Local Area) subsequent designation and Local Workforce Development Board (Local Board) recertification for Program Year (PY) 2021-23 under the Workforce Innovation and Opportunity Act (WIOA). If the California Workforce Development Board (CWDB) determines the application is incomplete, it will either be returned or held until the necessary documentation is submitted. Please contact your Regional Advisor for technical assistance or questions related to this applicaLion. Name of Local Area 801 W. Civic Center Drive, Suite 200 Mailing Address Santa Ana, CA 92701 City, State, ZIP March 31, 2021 Date of Submission Deborah Sanchez Contact Person Contact Person's Phone Number City Council . "b` `V' A — 4 4/6/2021 EXHIBIT 1 Local Board Membership The WIOA Section 107(b)(2)(A) through (E) states the requirements for nominating and selecting members in each membership category. The WIOA Section 107(b)(2)(A) requires that business members constitute a majority of the Local Board. The chairperson shall be a business representative, per WIOA Section 107(b)(3). The local Chief Elected Official (CEO) is required to provide the names of the individuals appointed for each category listed on the following pages, and attach a roster of the current Local Rnard which identifies each member'.- respective membership category. Business — A majority of the members must be representatives of businesses in the Local Area who (i) are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with opLirnurn policy -making or hiring aulhorily; (ii) represenL businesses, including small businesses, or organizations; and (iii) are appointed from among individuals nominated by local business organizations and business trade association (WIOA Section 107[b][2][A]). Please identify the Local Board chairperson by typing CHAIR after their name. City Council . "b` V' A— 5 4/6/2021 EXHIBIT 1 Name Title Entity Appointment Date Term End Date Stacey Sanchez CHAIR Exec. Director/ Senior Community Loan Officer CDC Small Business Finance 8/21/18 5/31/22 David Elliott VICE CHAIR President & CEO Santa Ana Chamber of Commerce 9/15/20 5/31/2024 Marjorie Knitter President The Moote Group 9/15/20 5/31/24 Patrick I<orthuis Owner Sir Speedy Printing 9/15/20 5/31/24 Simon Gonzalez General Manager Stauffer's Cookie Company 11/19/19 5/31/22 Jack Haley Principal/Sr. Vice President Lee & Associates 11/19/19 5/31/22 Pierre Loubet Medical Accounts Business Develop. Senga Engineering 3/16/21 5/31/22 Johanna Rivera Human Resources Director Polly's Inc. 3/16/21 5/31/23 Daisy Campos Sole Proprietor Consultant 3/16/21 5/31/22 Bridget Kavanaugh Marketing/Public Relations People's Inc. 3/16/21 5/31/24 Labor - Not less than 20 percent of theme m be rs must be representatives of workforce within the Local Area who must include (i) representatives of labor organizations who have been nominated by state labor federations; (ii) a member of a labor organization or a training director from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area; and may include (iii) representatives of community -based organizations with demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, veterans, or individuals with disabilities; and (iv) representatives of organizations with demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth and/or out -of -school youth (WIOA Section 107[b][2][B]). California Unemployment Insurance Code (CUIC) Section 14202(b)(1) further requires and specifies that at least 15 percent of Local Board members shall be representatives of labor organizations unless the local labor federation fails to nominate enough members. For a local area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board, but any local board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the local area. City Council . "b` - V' A — 6 4/6/2021 EXHIBIT 1 Name Title Entity Appointment Term Date End Date 1. Brent Beasley Business Manager Roofers & Water 8/21/18 5/31/22 Proofers 2. Robert Ruiz Secretary/Treasurer Laborers Local652 8/21/18 5/31/22 3. Bob Tucker Labor Relations Calif. School 5/21/19 5/31/23 Representative (Ret) Employees Association 4. Maria Rosa Ibarra- Organizer UFCW 324 9/15/20 5/31/24 Lopez Education — Each Local Board shall include representatives of entities administering education and training activities in the Local Area who must include (i) a representative of eligible providers administering WIOA Title II adult education and literacy activities; (ii) a representative of institutions of higher education providing workforce investment activities; and may include (iii) representatives of local educational agencies, and community based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals wish barriers Lo employment (WIOA Section 107[b][2][C]). Name Title Entity Appointment Date Term End Date 1. Enrique Perez, JD Vice Chancellor of Education Services Rancho Santiago Community College District 8/20/2019 05/31/2023 2. Vacant President Santa Ana College 3. 4. Economic and Community Development— Each Local Board shall include representatives of governmental, economic, and community development entities serving the Local Area who must include (i) a representative of economic and community development entities; (ii) a representative from the state employment service office under the Wagner-PeyserAct; (iii) a representative of the Vocational Rehabilitation program; and may include (iv) representatives of agencies or entities administering programs serving the Local Area relating to transportation, housing, and public assisLance; (v) RepresenLaLives of philanthropic organizations serving Lhe Local Area; and (E) individuals or representatives of entities as the local CEO in the Local Area Name Title Entity Appointment Term Date End Date 1. Ignacio Alegre Manager Dept. of 5/21/19 5/31/23 Rehabilitation City Council . "b` V' A — 7 4/6/2021 EXHIBIT 1 2. Christine Snapper FSS Director Orange County - Social Services Agency 5/21/19 5/31/23 3. Dennis Varnum Cluster Manager Employment Development Dept. 5/21/19 5/31/23 4. David Elliott President/CEO Santa Ana Chamber of Commerce 9/15/20 5/31/24 5. 6. 7. 8. may determine to be appropriate (WIOA Section 107[b][2][D] and [E]). Performed Successfully The Local Area hereby certifies that it has performed successfully, defined as having met 80 percent of their negotiated performance goals in PY 2018-19 or PY 2019-20 for the following indicators: Employment Rate 2ntl Quarter After Exit • Median Earnings PY 2018 Performance Goals Dislocated Adults Youth Workers Employment or Employment Rate 2nd Quarter After Exit 61.S% 71A% 91.2% Education Rate 2nd Quarter After Exit Median Earnings 2nd Quarter After Exit $6,834 $9,331 BASELINE I Median Earnings City Council . "b` V V' A— 8 4/6/2021 EXHIBIT 1 PY 2019 Performance Goals Dislocated Adults Youth Workers Employment or Employment Rate end Quarter After 69.00/ 69.6% 75.40/ Education Rate 2nd Exit Quarter After Exit Median Earnings 2nd Quarter After $6,094 $10,215 BASELINE Median Earnings Exit Sustained Fiscal Integrity The I ocal Area hereby certifies that it has not been found in violation of one or more of the following during PY 18-19 or PY 19-20: • Final determinotion of significant findings) from audits, evaluations, or other reviews conducted by sLaLe or local governrnenLal agencies or Lhe DeparLrnenL of Labor identifying issues of fiscal integrity or miss -expended funds due to the willful disregard or failure to comply with any WIOA requirement. • Gross negligence — defined as a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both. • Failure to observe accepted standards of administration — Local Areas must have adhered to the applicable uniform administrative requirements set forth in Title 2 Code of Federol Regulations (CFR) Part 200. Certify No Violation ID Engaged in Regional Planning Engaged in regional planning is defined as participating in and contributing to regional planning, regional plan implementation, and regional performance negotiations. The Local Area herby certifies that it has participated in and contributed to regional planning and negotiating regional performance measures in the following ways: 1. Joint completion of the Orange Regional plan including collaboration on the development of a Unified Local Plan for Santa Ana, Anaheim and Or County. City Council . "b` , V' A— 9 4/6/2021 EXHIBIT 1 2. Participation in regular regional leadership meetings (bi-monthly) 3. Among the three (3) Local Workforce Areas, consolidated ETPL management and training provider monitoring through a single contract with I -Train 4. Regionally shared availability of virtual job fair/recruitment platform S. Among the three (3) Local Workforce Areas coordinated RR activities and services with the OC Labor Federation and their membership 6. Regularly discussed operations/servicing at the three Local Workforce Area's AJCC's. Adjusted training vouchers to eliminate client "shopping" for services, and shared policies and best practices. 7. Cnnrdinated preparatinn of proposal and implementation of the reginn's Prison to Employment Grant City Council ' "b` "V' 75 — 10 4/6/2021 EXHIBIT 1 Local Area Assurances Through PY 21-23, the Local Area assures: A. It will comply with the applicable uniform administrative requirements, cost principles, and audit requirements (WIOA Section 184[a][2] and [3]). Highlights of Lhis assurance include Lhe following: • The Local Area's procurement procedures will avoid acquisition of unnecessary or duplicative items, software, and subscriptions (in alignment with Title 2 CFR Section 200.318). • The Local Area will maintain and provide accounting and program records, including supporting source documentation, to auditors at all levels, as permitted by law (Title 2 CFR Section 200.508). Note that failure to comply with the audit requirements specified in Title 2 CFR Part 20D Subpart F will subject the I oval Area to potential rash hold (Title 2 CFR Sertion 700.338). B. All financial reporting will be done in compliance with federal and State regulations and guidance. Highlights of this assurance include the following: • Reporting will be done in compliance with Workforce Services Directive WSD19-05, Monthly and Quarterly Financial Reporting Requirements, (December 4, 2019). • All closeout reports will comply with the policies and procedures listed in WSD16-05, WIOA C/rzsenut Requirement, (luly 29, 2016). Note that failure to comply with financial reporting requirements will subject the Local Area to potential cash hold. (Title 2 CFR Section 200.338) C. Funds will be spent in accordance with federal and state laws, regulations, and guidance. Highlights of this assurance include: • I he Local Area will meet the requirements of the California Unemployment Insurance Code Section 14211, to spend a minimum of 30 percent of combined total of WIOA Title I adult and dislocated worker formula fund allocations on training services. • The Local Area will not use funds to assist, promote, or deter union organizing (WIOA Section 181[b][7]). City Council . "b` - V' A— 11 4/6/2021 EXHIBIT 1 D. The Local Board will select the America's Job Center of Californiasm operator(s), with the agreement of the local CEO, through a competitive process such as a Request for Proposal, unless granted a waiver by the state (WIOA Section 121[d][2][A] and 107[g][2]). E. The Local Board will collect, enter, and maintain data related to participant enrollment, activities, and performance necessary to meet all CalJOBS" reporting requirements and deadlines. F. The Local 8nard will comply with the nondiscrimination provisions of WIOA Sertinn 188, including the collection of necessary data. G. The Local Area will engage in and contribute to, regional planning and regional plan implementation (for example, Local Area has participated in regional planning meetings and regional plan implementation efforts, and the Local Board and local CEO have reviewed and approved the regional plan and modifications). H. The Local Area will participaLe in regional performance negoLiaLions. I. It will comply with CWDB policies and guidelines, legislative mandates and/or other special provisions as may be required under federal law or policy, including the WIOA or state legislation. J. Priority shall be given to veterans, recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient for receipt of career and training services funded by WIOA Adult funding (WIOA Section 134[c][3][E] and Training and Employment Guidance Letter [TEGL] 10-09, and TEGL 19-16). City Council . "b` -- — 25 — 12 4/6/2021 EXHIBIT 1 Application Signature Page Instructions — The local CEO and Local Board chair must sign and date this form. Electronic signatures are permitted for the PY 21-23 application. By signing the application below, the local CEO and Local Board chair request subsequent designation of the Local Area and recertification of the Local Board. Additionally, they agree to abide by the Local Area assurances included in this application. Local Workforce Development Board Chair Signature Stacey Sanchez Name Chair, Santa Ana Workforce Title Date Local Chief Elected Official Signature Vincent Sarmiento Name Mayor Title Date City Council . "b` -- — 25 — 13 416/2021 Clerk of the Council Office https://www.santa-ana.org/cc Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Amend Conflict of Interest Code AGENDA TITLE: Amend Conflict of Interest Code, list of designated classifications required to file annual disclosure form (Slalemenl of Economic Interests form) RECOMMENDED ACTION Adopt a resolution amending the City of Santa Ana's Conflict of Interest Code DISCUSSION At the September 15, 2020 City Council meeting the Council adopted Resolution No. 2020-070 to comply with California State Government Code, which specifies that local agencies must review their Conflict of Interest Codes each even -numbered year. Upon further review, staff determined that the City of Santa Ana's Conflict of Interest Code Policy needed amending to update some positions. The changes to the Conflict of Interest Code list of designated filers are reflected in the resolution attached. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Resolution 2. Edited Version Submitted By: Daisy Gomez, Clerk of the Council Approved By. Kristine Ridge, City Manager City Council 26 — 1 4/6/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND RESTATING THE CONFLICT OF INTEREST CODES OF CERTAIN CITY AGENCIES AND DEPARTMENTS Y�7��1��7�'i�:I�A�i'L�Z�1�P►C�7I��7�9:I=06111i'L*7W9_1kN1WV_n/_V_1W Iir07MOAT&l Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows: A The various offices, agencies, and departments of the City of Santa Ana have maintained Conflict of Interest Codes pursuant to the Political Reform Act of 1974 (California Government Code sections 81000 et seq.) since the enactment of that law. B The last comprehensive revision of the Conflict of Interest Code of the various offices, agencies, and departments of the City is set forth in City Council Resolution No. 2020-070 adopted September 15, 2020. C Certain agencies and departments of the City now desire to amend the list of designated employees in the Conflict of Interest Code set forth in Resolution No. 2020-070. Section 2. The persons holding designated positions defined in Exhibit A attached to and made part of this resolution shall file statements of economic interest pursuant to the requirements of the City's Conflict of Interest Code. Section 3. The disclosure categories as defined in Exhibit B are attached to and made a part of this resolution. Section 4. This resolution shall supersede and replace Resolution No. 2020- 11y,01 City Council 26 — 2 4 11471 -xxx Of 9 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: SONIA R. CARVAI HO City Attorney By: 4"""_ A, Re-� Laura A. Rossini Chief Assistant City Attorney AYES: Councilmcmbcrs: NOES. Council members: ABSTAIN: Council members: NOT PRESENT- Council members - CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2021. Date: Daisy Gomcz, Clerk of the Council City of Santa Ana Res Pag �ifounce 26 — 3 416/2021 EXHIBIT A CITY OF SANTA ANA r CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2021-2022 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix. DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor' 1 COUncilmembers ' 1 Successor Agency Members 1 Citv Manaaer City Manager 1 1 Assistant City Manager 1 Assistant to the City Manager 1 Management Assistant 1 Senior Management Assistant 1 Public Affairs Information Officer 1 Consultants' 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 Cltv Attorne City Attorney 1 1 Chief Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Senior Assistant City Attorney 1 Senior Legal Management Assistant 4 City Council 26 — 4 NF.- (� xxx eg 019 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Communitv Develonment Aaenc Executive Director of Community Development 1 Arts and Culture Specialist 2,4 Community Development Analyst 2,4 Economic Development Manager 1 Economic Development Specialist II 2,4 Economic Development Specialist III 2,4 Homeless Services Manager 1 Housing Authority Analyst 2,4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2,4 Housing Specialist 1 2, 6 Housing Specialist 11 2, 6 Loan Specialist 2 Management Analyst 2,4 Principal Management Analyst 1 Residential Construction Specialist 2, 5 Senior Community Development Analyst 2,4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2, 5 Workforce Specialist 111 2,4 Workforce Specialist IV 2,4 " Consultants (Grants) 2, 4 Finance Manaaement Services Aqenc Executive Director' 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 Payroll Manager 1 Payroll Systems Analyst 1 Principal Management Analyst 1 Senior Budget Analyst 1 Senior Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manager 1 Treasury Services Supervisor 1 Budget and Research Manager 1 Res Pag d �ifounce 26 — 5 4/6/2021 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Information Technoloav Department Chief Technology Innovations Officer 1 Information Services and Network Manager 1 Applications/Tech Support Manager 1 Library Services Aaencv Executive Director 1 Library Operations Manager 1 Principal Librarian 1 Human Resources Department Executive Director 1 Assistant Director of Human Resources 1 Benefits & Compensation Supervisor 1 Payroll Systems Analyst 1 Principal Human Resources Analyst 1 Risk Manager 1 Senior Human Resources Analyst 1 Worker's Compensation Administrator 4 Parks Recreation and Communitv Services Executive Director 1 Administrative Services Manager 1 Recreation and Community Events Supervisor 1 Recreation and Community Services Manager 1 Recreation and Community Services Supervisor 1 General Maintenance Supervisor 1 Management Analyst 1 Park Services Inspection Supervisor 1 Park Services Superintendent 1 Senior Management Analyst 1 Zoo Manager 1 Zoo Curator 1 Zoo Curator of Education 1 Zoo Curator of Health 1 City Council 26 — 6 -xxx Of 9 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Plannina and Buildina Aaenc Executive Director 1 Administrative Services Manager 1 Assistant Director of Planning and Building 1 Assistant Plan Check Engineer 1 2,7 Assistant Plan Check Engineer 11 2, 7 Assistant Planner 1 2, 6, 7" Assistant Planner 11 2, 6, 7" Associate Plan Check Engineer 2, 7 Associate Planner 2, 6, 7" Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2, 6 Code Enforcement Supervisor 2, 6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2,4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7'* Permit Services Technician 6 Planning Assistant 2, 6, 7 Planning Manager 1 Planning Technician 2, 6, 7 Plans Examiner Electrical 2, 6 Plans Examiner Plumbing/Mechanical 2, 6 Principal Planner 2 6 7" Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 Senior Plan Check Engineer 2,7 Senior Planner 2, 6, 7 Senior Plumbing / Mechanical Systems Specialist 2, 6 """ Supervisor of Inspections 2, 6, 7 Res Pag br �ifounce 26 — 7 4/6/2021 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Police Deoartment Police Chief 1 Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant /Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 if I t] t C&r1TGTi'w_t� [� iL- Executive Director 1 Administrative Services Manager 1 NPDES Manager 2, 5,7 Assistant Public Works Maintenance Manager 1 Deputy Public Works Direclor/City Engineer 1 Senior Construction Inspector 5 Construction Inspector 5 Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5, 7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5,7 Senior Engineer 2, 5, 7 Associate Engineer 2, 5,7 Civil Engineer 2, 5, 7 Stores & City Yard Property Specialist 2, 5, 7 Street Maintenance Supervisor 1 Fleet Supervisor 2, 5, 7 Building Maintenance Supervisor 2, 5, 7 Tree Maintenance Supervisor 1 Deputy Public Works Director/ Water Resources Manager 1 Water Services Supervisor 1 Deputy Public Works Director/ Construction Services Manager 1 Senior Management Analyst 1 Board / Commission Members Arts and Culture Commission 1 Community Development Commission 1 Environmental and Transportation Advisory Commission 1 Historic Resources Commission Members 1 Personnel Board Members 1 Parks, Recreation and Community Services Commission 1 City Council 26 — 8 -xxx Of 9 DESIGNATED EMPLOYEES / FILERS Planning Commission Members' Workforce Development Board Members OTHERS Successor Agency Members Housing Authority Member DISCLOSURE CATEGORY 1 1 1 1 1 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. 2 City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Res Pag � �ifounce 26 — 9 4/6/2021 CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development. construction, or [he acquisition or sale of real properly, also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in [his category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and income, including loans and gifts, from any source engaged in engineering, planning, and design services. City Council 26 — 10 -xxx Of 9 ^� CITY OF SANTA ANA CONFLICT OF INTEREST CODE DESIGNATED POSITIONS 2021E-2022 This Conflict of Interest Code is adopted for the City of Santa Ana California pursuant to the Political Reform Act of 1974 (California Government Code, Sections 81000 g.). It consists of the model code set forth in Regulation 18730 of the Fair Political Practices Commission, incorporated herein by reference, together with the following Appendix: DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Elected Officials Mayor 1 1 Councilmembers 1 1 Successor Agency Members 1 Citv Manager City Manager 1 1 f, if it„l' VI Assistant to the City Manager 1 Senior Management Assistant 1 Public Affairs Information Officer 1 Consultants 2 1 Clerk of the Council Clerk of the Council 1 Assistant Clerk of the Council 1 Citv Attorne City Attorney 1 1 Chief Assistant City Attorney 1 Senior Legal Management Assistant 4 Senior Assistant City Attorney 1 Assistant City Attorney 1 Deputy City Attorney 1 Community Development Agency Executive Director of Community Development 1 Arts anicliCyulluunGpecialist 26 — 11 2,4 416/2021 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Community Development Analyst 2,4 Economic Development Manager 1 Economic Development Specialist II 2,4 Economic Development Specialist III 2,4 Homeless Services Manager 1 if , ,(Yt Ti(,( ,/I�� " ,t Housing Authority Analyst 2,4 Housing Authority Operations Supervisor 4 Housing Division Manager 1 Housing Programs Analyst 2,4 Housing Specialist 1 2,6 Housing Specialist 11 2,6 Loan Specialist 2 ,( 11 i ri Management Analyst 2,4 Principal Management Analyst 1 Residential Construction Specialist 2,5 Senior Community Development Analyst 2,4 Senior Housing Specialist 2 Senior Residential Construction Specialist 2, 5 Workforce Specialist 111 2,4 Workforce Specialist IV 2,4 "" Consultants (Grants) 2,4 Finance Manaaement Services Aaenc Executive Director 1 1 Accounting Manager 1 Assistant Director of Finance Management Services 1 Budget Analyst 1 Budget Supervisor 1 Administrative Services Manager 1 Management Analyst 1 Payroll Manager 1 Payroll Systems Analyst 1 Principal Management Analyst 1 Senior Budget Analyst 1 Senior Financial Analyst 1 Supervising Accountant 1 Treasury and Customer Services Manaqcr 1 Treasury Services Supervisor 1 xir, t rrt i '✓ , '16 Information Technology Department Chief Technology Innovations Officer 1 Informer p§%,rylEfs and Network Manager 26 — 12 1 4/6/2021 DESIGNATED EMPLOYEES / FILERS Parks Recreation and Community Services Executive Director Administrative Services Manager Recreation and Community Events Supervisor Recreation and Community Services Manager Recreation i,; Community Services Supervisor General Maintenance Supervisor Management Analyst Park Services Inspection Supervisor Park Services Superintendent Senior Management Analyst ,II I 1i r. v ( , , ,[ d,, " Zoo Manager Zoo Curator Zoo Curator of Education Zoo Curator of Health Library Services Agency Executive Director Library Operations Manager Principal Librar', t Human Resources Department Executive Director Assistant Director of Human Resources Benefits & Compensation Supervisor Payroll Systems Analyst Risk Manager If I ,, ,, r r �,, . y. Senior Human Resources Analyst Worker's Compensation Administrator Planning and Building Agency Executive Director Administrative Services Manager Assistant Director of Planning and Building Assistant Plan Check Engineer I Assistant Plan Check Engineer 11 Assistant Planner I Assistant Planner 11 AssocialoyPbdLi�,hwck Engineer 26-13 DISCLOSURE CATEGORY I 1 1 1 1 1 1 2,7 2,7 2, 6, 7" 2, 6, 7` 2, ( 4/6/2021 DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Associate Planner 2, 6, 7" Building Safety Manager 1 Building Technician 6 Code Enforcement Associate 6 Code Enforcement Manager 1 Code Enforcement Officer 6 Code Enforcement Principal 2,6, Code Enforcement Supervisor 2,6 Combination Building Inspector 6 Management Aide 2, Management Analyst 2,4 Part-time Permit Services Technician 6 Part-time Planning Technician 2, 6, 7 Permit Services Processor 6 Permit Services Supervisor 2, 6, 7" Permit Services Technician 6 Planning Assistant 2,6,7 Planning Manager 1 Planning Technician 2, 6,7 Plans Examiner Electrical 2,6 Plans Examiner Plumbing/Mechanical 2,6 Principal Planner 2, 6, 7— Senior Accounting Assistant 4 Senior Code Enforcement Officer 6 Senior Combination Building Inspector 6 Senior Community Planner 1 Senior Electrical Inspector 6 Senior Electrical Systems Specialist 2, 6 Senior Plan Check Engineer 2,7 Senior Planner 2 6 7 Senior Plumbing / Mechanical Systems Specialist 2, 6 "" Supervisor of Inspections 2, 6,7 Police Department Police Chief 1 Correctional Manager 1 Police Administrative Manager 1 Police Captain / Deputy Chief 1 Police Communications Manager 4 Police Lieutenant/ Commander 1 Police Systems Manager 1 Police Administrative Budget Manager 1 - . ►T.�1"�iei2%twlli DESIGNATED EMPLOYEES / FILERS DISCLOSURE CATEGORY Administrative Services Manager 1 Assistant Public Works Maintenance Manager 1 Deputy Public Works Director/City Engineer 1 ri- Ir I ��� )1:0 n . Contracts Administrator 5 Deputy City Engineer 1 Principal Civil Engineer 2, 5.7 Projects Manager 1 Deputy Public Works Director/ Maintenance Services Manager 1 Senior Civil Engineer 2, 5,7 Senior Engineer 2, 5, 7 ,..nr.i LIB` < '" r-s & Cites Property Specialist s4lpep,4s&F Street Maintenance Supervisor 1 Tree Maintenance Supervisor 1 Deputy Public Works Director/ Water Resources Manager 1 Water Services Supervisor 1 Deputy Public Works Director/ Construction Services Manager 1 S , ,0 , , ',(, 1(< it �, t �`/ I Board / Commission Members Arts and Culture Commission 1 Parks, Recreation and Community Services Commission 1 Community Development Commission 1 Environmental and Transportation Advisory Commission 1 Historic Resources Commission Members 1 Personnel Board Members 1 Planning Commission Members' 1* Workforce Development Board Members 1 •`,!) .,_,`, r , , 1 H ,/ If I r I : (,f ,, 4 ),, r s rT T r;t OTHERS Successor Agency Members 1 Housing Authority Member 1 City Council 26 — 15 4/6/2021 The Mayor, City Council, City Manager, City Attorney, Executive Director of Finance Management Services Agency, and Planning Commissioners file Economic Disclosure Form 700 with the Fair Political Practices Commission per Government Code Section 87200. z City Consultants shall be included when the City Manager determines in writing that a particular consultant is hired to perform duties that would constitute a "designated position". Such written determination shall include a description of the consultant's duties and, based upon the description, a statement of the extent of disclosure requirements. The determination by the City Manager is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. City Council 26 — 16 4/6/2021 CITY OF SANTA ANA CONFLICT OF INTEREST CODE DISCLOSURE CATEGORIES Required filers must review Form 700 Schedules and complete forms as mandated by the specific Disclosure Category designated. Disclosure Category 1: Full Disclosure Persons in this category shall disclose all applicable investments, business positions, income, any interests in real property located in the City or within a two-mile radius outside of the City limits, and, any interests in property owned or used by the City. Disclosure Category 2: Decision Making Authority Affecting Real Property Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which engage in land development, construction, or the acquisition or sale of real property; also reportable are all interests in real property located in the City and within a two-mile radius outside of the City limits or of any property owned or used by the City. Disclosure Category 3: City-wide Purchasing Responsibilities Persons in this category shall disclose applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies, materials, machinery, or equipment of the type utilized by the City Disclosure Category 4: Department/Division Purchasing Responsibilities Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from sources which provide services, supplies materials, machinery, or equipment of the type utilized by the designated employee s agency, department, or division. Disclosure Category 5: Public Works/Construction Projects Responsibilities Persons in this category shall disclose all interests in and income from businesses engaged in construction, landscaping, street repair, traffic signal installation or modification or the supply of materials for any of the above. Disclosure Category 6: Regulatory Power Persons in this category shall disclose all applicable investments, business positions, and income, including loans and gifts, from any source which is subject to the regulatory, permit, or licensing authority of the designated employee's agency, department, or division. Disclosure Category 7: Planning and Engineering Persons in this category shall disclose all applicable investment, business positions, and Human Resources https://www.santa-ana.arg/hr Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Master Pay Schedule AGENDA TITLE: Adopt a resolution amending resolution No. 2019-111 to effect certain changes to the City's Master Pay Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employee's Retirement System (CalPERS) RECOMMENDED ACTION Adopt a Resolution Amending Resolution No. 2019-111 to effect certain changes to the City's Master Pay Schedule for all represented and unrepresented employee classifications of the City of Santa Ana, covered by the City's Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master pay schedule approved and adopted by City Council. DISCUSSION Adoption of this resolution (Exhibit 1) will amend Resolution No. 2019-111 with the following changes to the City's Master Pay Schedule: 1) On July 7, 2020, the Santa Ana City Council approved a second amendment (No. A- 2020-149) with the Police Officers Association's Memorandum of Understanding ("MOU") (No. A-2019-027). The second amendment authorized certain changes and deferred the cost of living adjustment of eight (8) salary rate ranges (approximately 4%) from July 1, 2020, as follows. a. Effective January 1, 2021, salary shall be increased four (4) salary rate ranges (approximately 2%); b. Effective July 1, 2021, salary shall be increased four (4) salary rate ranges (approximately 2%); 2) The resolution amending the Classification and Compensation Plan for Executive Management (EM), as authorized on November 17, 2020 through Resolution 2020-082. City Council 27 — 1 4/6/2021 Master Pay Schedule April 6, 2021 Page 2 3) The Police Management Association (PMA) - relating to CalPERS employee cost sharing contribution, as authorized on August 18, 2020 through Memorandum of Understanding (MOU) A-2019-187. 4) Incorporate the Police Officers Association (POA) Education Incentive Program, as authorized on February 5, 2019 through Memorandum of Understanding (MOU) A-2019- 027. 5) The resolution amending the classification and compensation plan to create one part- time job Classification and Compensation Plan, as approved on December 15, 2020 through Resolution No. 2020-101. Adoption of this resolution (Exhibit 1) will comply with CalPERS' interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the single Master Salary Schedule already on the City's website and publically available and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule. CalPERS, pursuant to their interpretation of Title 2 of the California Code of Regulations Section 570.5, which recommends all California Public Employees' Retirement System (CalPERS) employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements: A. Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws, 13. Identifies the position title for every employee position; C. Shows the pay rate for each identified position, which may be stated as a single amount or as rnultiple amounts within a range; D. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; E. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; F. Indicates an effective date and date of any revisions; G. Is retained by the employer and available for public inspection for not less than five years; City Council 27 — 2 4/6/2021 Master Pay Schedule April 6, 2021 Page 3 H. Does not reference another document in lieu of disclosing the pay rate. CalPERS interprets California Code of Regulations Section 570.5 to require that the City list compensation levels for all positions on one document duly approved and adopted by the City Council. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is not fiscal impact associated with this action. EXHIBIT(S) 1. Master Pay Schedule Resolution Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager City Council 27 — 3 4/6/2021 EXHIBIT 1 RESOLU I ION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND RESTATING THE CITY'S MASTER SALARY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS, SFCTION 570.5 AND THE CAI IFORNIA FMPI OYFFS' RETIREMENT SYSTEM (CALPERS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. The California Public Employees' Retirement System (CaIPERS), has requested that all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 of the California Code of Regulations section 570.5, and meeting all of the following requirements thereof: 1) Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; 2) Identifies the position title for every employee position; 3) Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range, 4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; 5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website; 6) Indicates an effective date and date of any revisions; 7) Is retained by the employer and available for public inspection for not less than five years; and 8) Does not reference another document in lieu of disclosing the pay rate. Page q9T 27 — 4 41612021 Section 2: The Master Salary Schedule was previously prepared, publically available, and compiled from information that was already approved and adopted by the City Council pursuant to previous Resolutions Amending and/or Restating the City's Classification and Compensation Plan, employment agreements, and Memorandums of Understanding with various labor organizations representing City employees. Section 3: On December 3, 2019, the Santa Ana City Council approved Resolution No. 2019-111 adopting the Master Salary Schedule. It was amended by Resolution Nos. 2020-006, 2020-063, and 2020-079. Section 4: On July 7, 2020, the Santa Ana City Council approved a second amendment (No. A-2020-149) with the Police Officers Association to Memorandum of Understanding (°MOU") (No. A-2019-027). I he second amendment authorized certain changes and deferred the cost of living adjustment of eight (8) salary ranges (approximately 4%) from July 1, 2020, as follows: a. Effective January 1, 2021 salary of shall be increased four (4) salary rate ranges (approximately 2%); b. Effective July 1, 2021 salary shall be increased four (4) salary rate ranges (approximately 2%); Section 5: On August 18, 2020, the Santa Ana City Council approved a first amendment (No. A-2020-167) with the Police Management Association's Memorandum of Understanding ("MOU") (No. A-2019-187). Contained therein, were certain changes and other special pay additives that have gone into effect with the approval of the first amendment and MOU. Section 6: On November 17, 2020, the Santa Ana City Council approved Resolution No. 2020-082 to effect certain changes to the City's Basic Classification and Compensation Plan for Executive Management. Section 7: On December 15, 2020, the Santa Ana City Council approved Resolution No. 2020-101 to effect certain changes to the City's Basic Classification and Compensation Plan to create one part-time job classification. Section 8: The City Council has amended and reestablished the City's Master Pay Schedule on several occasions since its adoption. Section 9: The City of Santa Ana now desires to amend and restate the City's "Master Salary Schedule" to reflect the changes outlined in Sections 4 through 7 of this Resolution. The Master Salary Schedule as amended is set forth in the attached Attachment "A" to this Resolution and incorporated herein by reference. Resolution No. 2021-XXX Page 2 of 3 City Council 27 — 5 4/6/2021 Section 10: This Resolution is operative from and after the date upon which it is adopted. The effective dates of the pay ranges for each title and job category identified in the Master Salary Schedule are indicated therein. ADOPTED this 6T" day of April, 2021. Vicente F. Sarmiento Mayor /_1»061TI911DL•6m1197i lVi!@ SONIA R. CARVALHO City Attorney By: _Xcvu A. Rem Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN- Councilmembers NOT PRESENT. Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on April , 2021. Date: Daisy Gomez, CMC Clerk of the Council City of Santa Ana R(,ngT 27 — 6 4/6/2021 ATTACHMENT A 0 1::::: SA IN 11 Pk A 1\1 A IM AS I I I I SA I A RY SO I I I..) J I f YEAli 2020 2021., I ) p d a t e as, o f J t i u a ry, 1 , 2021 City Council 27-7 4/6/2021 REGULAR CLASSES AND ASSIGNMENT OF CLASSES TO SALARY RATE RANGES......... _..................P. D1 -07 PART-TIME CATEGORIES SALARY RATE RANGES................................................................................P. 08 -09 SPECIAL COMPENSATION PROVISIONS................................................................................................P. 12 - 16 OTHER PAY ADDITIVES............................................................................................................................P. 17 - 22 I1eZeliffell3 mm EFFECTIVE CHANGES, INCORPORTED HEREIN.....................................................................................P. 24 PRIMARY SALARY MATRIX (EXHIBIT A).................................................................................................P. 2S MIDDLE -MANAGEMENT SALARY MATRIX (EXHIBIT B).......................................................................P. 26 City Council 27 — 8 4/6/2021 b u ` m ro DTT n nT nT nT n.D m n v �n D m .D T v�T q� K m ,T . 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W W O LL W CI f u J�� u ✓l 7 [i ti �u S asr=n rr} 00 ✓ �LL wT w�[Y F f)(J'mQ �c (([[ r V W a �zt� pW1 rw w o O _ U Z N Y •; ( Z 1 Ul LC IY -- - 0 Lu F L( `� w Z W U?¢ r] CJ W w« U w' ww[i [i'_w cl a CS ?S �w - p'nns�++�++ r 9OZYnx¢a�!«�L tlm� r�Vyy �)� -m¢¢LL >>ta Clash as n�m�s0� u¢w m [) o — i m_ u— m F L 5 0—¢¢ [t m tln u?f ,nWm o rl K K [L a u u O O w u [� it qaa uOJssZiW a sssssr O r 2 Sl 1lCm� o c+�0 A c�iv w-? c�LLLLt1 LL LLLLLL LL LLLL(r s 0mmm mmm v� mmr w 0 D U � W f1 Z W m_ u W m u w w u w w_ u w m_ u w w L u w w L u w w L u w w w_ u w L u w w u w L J m m N (n m 4) !n (n m N !n (n m m !n (n m N [� (n m N N (/J Ill U) N (/J flJ U) 4) (/J f/J U) 41 f/J (/J U) 41 f/J (/J U) 4J (/J (/l U) 4) § § \j�j\�/§\I/�/����� g,2 !o l !§ § / \\IIIIIIIIIIIII I I I I I (\}�/}/!(&/\ ) ) ` `( §\ \\ /�� :-:\ \§\\\ ( /2�):§§\(} \\\\_ MI, 'T, -1 E§}: §§[>§I U0U Clzw E=a;>:ez:gym:)5!j/j:t: ne:::«.��::�:�0 r=rE§E:k\: [!!!l:e::»l=�� �0\\\\\\)\\\ jk\ \)///\/\\\\)\\/\ II )P 11 hlhhll S!'aP.....AIFl ,1"' IF A II II i ES NP Ill.:b S 1l lE.::. 111 AP.::)V IN( :IE.IV1EIN F: The City's basic salary and wage schedule provides for a number of ranges of pay rates (salary rate ranges), each comprised of pay steps or rates. The steps are identified by the letters 'AAA' to 'E' inclusive. Not all salary rate ranges are comprised of seven steps or letters (e.g., SAMA has 17 steps, identified by numbers). For emoloyeeS. the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: For non -management employees, represented by SEIU (Primary Salary Matrix, Exhibit A): AAA Step Normal beginning pay rate. AA Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. A Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. D Step Automatic Increase - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For part-time civil service employees, represented by SEIU (Primary Salary Matrix, Exhibit A): AA Step Normal beginning pay rate. A Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. B Stop Automatic Increase — After 2,080 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase — After 2,080 hours' service in next lower step. Also Optional hiring rate. D Step Automatic Increase — After 2,080 hours' service in next lower step. Also optional hiring rate. E Step Automatic Increase — After 3,120 hours' service in next lower step. Also maximum hiring rate. For non -management employees, represented by POA Sworn/non-Sworn (Primary Salary Matrix, Fxhibit A) A Step Normal beginning pay rate. B Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. C Step Automatic Increase - After 12 months' service in next lower step. D Step Automatic I ncrease - After 12 months' service in next lower step. E Step Merit Rate - After 12 months' service in next lower step. For non -sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. AA Step Normal beginning pay rate. A Step Merit Rate - After 6 months' service in next lower step. Also optional hiring rate. R Step Merit Rate - After 19 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. D Step Merit Rate - After 12 months' service in next lower step. For sworn management employees, represented by PMA (Primary Salary Matrix, Exhibit A) Advancement in the PMA salary rate ranges is granted only for continued meritorious performance of service. A Step Normal beginning pay rule. B Step Merit Rate - After 12 months' service in next lower Step. Also optional hiring rate. C Step Merit Rate - After 12 months service in next lower step. Also optional hiring rate. D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For non -sworn and sworn management emolovees, represented by PMA Annual Performance Based Bonus Pay: Performance rated as Significantly Exceeds Expectations ( 5), one-time bonus payment of five percent (5%). Performance rated as Exceeds Expectations ('4'), one-time bonus payment of five percent (2.5%). Performance rated as Meets Expectations ('3'), ineligible for a bonus payment. Performance rated as Meets Expectations ('2'), ineligible for a bonus payment. Peeivtsu�89cl as Meets Expectations , ine igi ?r a qVus payment. 4/6/2021 Page 10 cif 25 For non -management emplovees, represented by CASA (Off the Matrix): AA Step Normal beginning pay rate. A Step Automatic Increase - After 6 months' service in next lower step. Also optional hiring rate. B Step Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. C Stop Automatic Increase - After 12 months' service in next lower step. Also optional hiring rate. D Step Automatic Increase - After 12 rnonths' service in next lower step. Also optional hiring rate. E Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. For administrative -management employees (AM), represented by SAMA (off the Matrix): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. A Step Normal beginning pay rate. B Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. C Step Merit Rate - After 12 months' service in next lower step. Also optional hiring rate. D Step Merit Rate - After 12 months' service in next lower step. Also maximum hiring rate. E Step Merit Rate - After 12 months' service in next lower step. For middle-manauement emplovees (MM), represented by SAMA (MM Matrix, Exhibit B): Advancement in the SAMA salary rate ranges is granted only for continued meritorious performance of service. SAMA middle -management classifications merit rate ranges are from step "1" through "17" SAMA middle -management optimal hiring rate states are from step "1" through "5" SAMA middle -management maximum hiring range is step "9" SAMA step advancement from `1" through "15" are advanced in two-step increments in an annual basis. SAMA step advancement from "16" through "17" are advanced in one-step increments in an annual basis. For Executive Management employees (EM), represented by Executive Management (Off the Matrix): EM classifications compensation plan is performance salary -based ranges. EM-10 Monthly Salary Range $12,444 - $14.311 EM-20 Monthly Salary Range $14,075 - $18.315 EM-30 Monthly Salary Range $15,537 - $20,218 EM-40 Monthly Salary Range $17,581 - $23,245 EM Performance rated as Extremely Meritorious Performance, one-time bonus payment not to exceed seven and one-half percent (7.5%) in total and at the discretion of the City Manager. For part-time employees, represented by SEIU (Off the Matrix) A Step Normal beginning pay rate. B Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. D Step Automatic Increase — After 1.040 hours' service in next lower step. Also optional hiring rate. E Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. For part-time employees, non -represented (Off the Matrix) A Step Normal beginning pay rate. B Stop Automatic Increase — After 1,040 hours' service in next lower stop. Also optional hiring rate. C Step Automatic Increase — After 1.040 hours' service in next lower step. Also optional hiring rate. D Step Automatic Increase — After 1,040 hours' service in next lower step. Also optional hiring rate. C Step Automatic Increase After 1,040 hours' service in next lower step. Also optional hiring rate. In the primary salary schedule matrix (Exhibit A), each salary range is identified by a three -digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three -digit range number locates the starting step ("AAA. AA" or "A") of the range depending on whether the class has been assigned 5, 6 or 7 steps and the subsequent steps ("AA, A," "B," "C," "D" and "E") are found in the column directly below the starting step. For example, "AAA" step of Range No. 501 is found to be $2402 by moving down the left column (Range No.) to the number 50 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The "AAA" st 523-2650- 2782-29m34manner, Range No555 be9-3285-349-36 - 994-4194. Page 11 of 25 Sl Ill CIGLI(:.;C; 1MII III PJSA d C)N PIFtOVI SIOIN6 Lower case letters appearing next to certain occupational code numbers in the above listing refer to special compensation provisions, shown below, that may be applicable to certain incumbents of the classes of employment so identified. Note- SCIU MOU Article V Section 1B Limitation on Assignment Pay Differentials Employees hired after August 31. 2010 or hired before August 31, 2010, who did not recelve asslgnment pay under section 5.1 of this article prior to June 30. 2013. shall not be eligible to receive it. SEIU MOU Article V section 10 Limitation on Career Develooment Incentive Pay With the exception of employee classifications listed below*, employees covered by this MOU and already receiving career development incentive pay under section 5.10 prior to June 30, 2012 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.8 shall continue to receive said pay under the current career development incentive pay formulas. Employees who have not received career development pay prior to June 30, 2012 shall not be eligible to receive it. The employee classifications listed below' covered by [his MOU and already receiving career development incentive pay under section 5.9 prior to June 30. 2013 and who continue to meet the qualifications described in the applicable career development incentive pay provisions of section 5.9 shall continue to receive said pay under the current career development incentive pay formulas. Employees in the classifications listed below who have not received career development pay prior to June 30, 2013 will not thereafter be eligible to receive it. 'Associate Engineer, Senior Crod Engineer, Senior Engineer, Senior I raffic Engineer. (a) (Reserved) (b) Incumbents in [he classifications of Fleet Services Technician I, II and III who possess nationally recognized certifications for Automotive Service Excellence Master Certification (ASE) and ASE Alternative Fuel, will be paid an assignment pay differential at a rate set five (5) salary rate ranges (approximately 2.5%) for said certification above their then current base monthly salary step. The restrictions set forth in Section 5.1.13 do not apply to this provision. (SEIU MOU Article V Section 1 C) (c) (Reserved) (d) An incumbent in the class of Police Services Dispatcher who is continuously and regularly assigned to and actually performing in a lead supervisory and trainer capacity over an assigned shift of Police Services Dispatchers will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above his or her then current base monthly salary step. (POA MOU Article V Section 1A) (e) Incumbents in the classifications of Fleet Services Technician I, II, III, and Fleet Services Supervisor. who maintain a valid State of California Commercial Driver's License and arc assigned to an area that requires the possession of either a Class "A' or Class '13' license in the course and Scope of their work shall be paid at a rate set five (5) salary rate ranges (approximately 2.5°G) above their then current base monthly salary step. (SEIU MOU Article V Section 1.C.3) (f) (Reserved) (g) (Reserved) (h) Incumbents in the classifications of: Code Enforcement Associate, Code Enforcement Officer, Code Enforcement Supervisor who obtain or possess a valid certificate in any of four Career Development Incentive areas shall receive incentive pay worth five salary rate ranges (approximately 2.5%) for each certificates not to exceed five (5) certificates or a total of twenty-five salary rate ranges (approximately 12.5%). If an incumbent has obtained four (4) certificates from list, he or she than shall be eligible to earn an addilional five (5) Salary rate rang" (approximately 9.5%) pay nddilive upon cnmplelinn of both the SCACEO/CACEO Intermediate and SCACEO/CACEO Advanced Certifications. (SEIU MOU Article V Section 9D) (i) (Reserved) City Council 27 — 20 4/6/2021 PagH 12 of 211 (j) Incumbents in the class of Police Officer who are continuously and regularly assigned to and actually performing duties of a Corporal will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her than current base monthly salary step. If a Corporal is assigned to lead a work unit without a Sergeant, he or she will be paid an additional five (5) salary rate ranges (approximately 2.59/.) above his or her base monthly salary step for such assignment. At the present time, Directed Patrols and Civic Center Patrol units are examples of such assignments. (POA MOU Article V Section 1 C) (k) Incumbents regularly and continuously assigned to lead a functional unit which includes two (2) or more posltlons In the same or lower classlflcatlons as the Incumbent may be compensated at a rate ,,at ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 2), and/or (Council Resolution No. 82-110 Section 3.1, as amended by Resolution No. 91-103), and/or (Resolution No. 99-023) and (POA MOU Article V Section 1 N) (Reserved) (m) Incumbents in the classifications of Assistant Engineer, Associate Engineer, Civil Engineer, Senior Civil Engineer, Senior Engineer, Senior Traffic Engineer, Assistant Plan Check Engineer, Associate Plan Check Engineer, Senior Plan Check Engineer, or Senior Transportation Analyst will be eligible for career incentive pay for any certificates approved for their classification at a rate set of ten (10) salary rate ranges (approximately 5%.) above his or her then current base monthly salary step for valid registration(s) as a Registered Engineer by the State of California or as a Structural Engineer by the State of California (a total of twenty (20) salary rate ranges (approximately 10% for both). Additionally, said incumbents who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of accessibility/usability (one specialty area), residential energy plan check, or non-residential energy plan check, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step in accordance with the following schedule. One certificate from one specialty area! five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two)! ten (10) salary rate ranges (approximately 50/ ); an additional certificate from a third specialty area (total of three). fifteen (15) salary rate ranges (approximately 7.50/ ). (SEIU MOU Article V Section 9.A) and/or (as amended by Resolution No. 97- 028) In no event shall the application of this Career Development Incentive Program result in an individual being eligible to earn more than twenty (25) salary rate ranges (approximately 12.5%) above his or her current monthly base salary step. (SEIU MOU Article V Section 9) (n) An incumbent who was employed as of August 16, 1991 in the classification of Assistant Plan Check Engineer, Associate Plan Check Engineer, Senior Plan Check Engineer and who as of December 31, 1987 had possessed a valid Plan Examiner Certificate issued by the ICBO shall continue to be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base salary step. However effective January 1. 1988 said ten (10) range differential shall be reduced to five (5) salary rate ranges (approximately 2.5%) for any incumbent of said classifications who is issued his or her initial certificate on or after January 1, 1988. (SEIU MOU Article V Section 9B) (o) (Reserved) (p) (Reserved) (q) An incumbent in one of the classifications of, Combination Building Inspector, Senior Combination Building Inspector, Building Technician, or Senior Plumbing/Mechanical Systems Specialist who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in relevant areas (see MOU for full details) shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows: One certificate from one specialty arcs: five (5) salary rate ranges (approximately 2.5%); an additional ccrtificato from a second specialty area (total of two). ten (10) salary rate ranges (approximately 5%), an additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%), an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); nn additional certificate from the fifth specialty area (total of five)! twenty-five (25) salary rate ranges (approximately 12.5%,). (SEIU MOU Article V Section 9C) (r) (Reserved) City Council 27 — 21 4/6/2021 P igH 13 (If 21) (s) An incumbent in the classification of Maintenance Worker II (assigned to the tree crew) who possesses a valid certificate issued by the International Society of Arboriculture (ISA) as a certified Tree Worker shall be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 9H) (t) (Reserved) (u) An incumbent in the classification of Construction Inspector or Senior Construction Inspector who possess a valid certificate issued by the ICDO (or similar nationally recognized certificating organization) In the areas of reinforced concrete, structural masonry, Structural steel/welding, electrical inspection, plumbing inspection, plans examiner, or 027 landscape contractors license, shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows. One certificate from one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two) ten (10) salary rate ranges (approximately 5/,,)Ian additional certificate from a third specialty area (total of three): fifteen (15) salary rate ranges (approximately 7.5%,), an additional certificate from a fourth specialty area (total of four): twenty (20) salary rate ranges (approximately 10%); and an additional certificate from the fifth specialty area (total of five) twenty-five (25) salary rate ranges (approximately12.5%). (SEIU MOU Article V Section 91") (v) (Reserved) (w) An incumbent in the classification of Contracts Administrator who possess a valid certificate issued by the ICBO (or similar nationally recognized certificating organization) in the areas of plumbing inspection, electrical inspection, plans examiner, C27 landscape contractors license, turf grass management, or certified arborist (ISA), shall be paid an incentive pay differential at a rate set above his or her then current base monthly salary step as follows: One certificate frorn one specialty area: five (5) salary rate ranges (approximately 2.5%); an additional certificate from a second specialty area (total of two) ten (10) salary rate ranges (approximately 5%); an additional certificate from a third specially area (total of three): fifteen (15) salary rate ranges (approximately 7.5%); an additional certificate from a fourth specialty area (total of four) twenty (20) salary rate ranges (approximately 10%), and an additional certificate from the fifth specialty area (total of five): twenty-five (25) salary rate ranges (approximately 12.5%). (SEIU MOU Article V Section 9F) (x) (Reserved) (y) Incumbents in the class of Forensic Specialist I, who are regularly and continuously assigned to and actually performing duties in a 'lead" supervisory capacity over a primary functional unit of Forensic Specialist I employees, will be paid at a rate set ten (10) salary rate ranges (approximately 5.00%) above their then current base monthly salary step. (POA MOU Article V Section 1 B) (z) (Reserved) (go) (Rcscrvcd) (bb) Incumbents in one of the classifications of Projects Manager, Tree Maintenance Supervisor. Tree Trirnrrier. Maintenance Worker II (assigned to the tree crew), or Public Works Projects Specialist who possess a valid certificate issued by the International Society of Arboriculture (ISA) as a certified arborist shall be paid at a rate of set five (5) salary rate ranges (approximately 2.50%) above his or her then current base monthly salary step. (SEIU MOU Article V Section 9G) (cc) (Reserved) (dd) An employee who is continuously and regularly assigned as a Training Officer working in either Field Operations, the Detention facility, or as a Forensic Specialist II will be paid at a rate set five (5) salary rate ranges (approximately 2.b%) above his or her then current base monthly salary step. (POA MOU Article V Section 1F as amended by Ninth Side Letter Amendment to the Memorandum of Understanding Between the City of Santa Ana and the Santa Ana POA) (ee) An employee who is continuously and regularly assigned to and actually performing duties of an Internal Affairs Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1 G) ( ity Council 27 — 22 4/6l2021 Page 14 of 25 (ff) The InCUfnbent of the classlflcatlon Senlor Deputy Clerk of the Council designated by Resolution 91- 073 as third in command in the Clerk of the Council's office with full signature authority forth e GIerk in the clerk and Assistant Clerk's absence, will be paid an additional ten salary rate ranges (approximately 5%) above the current base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No.82-110 Section 3.1 [ff], as amended by Resolution No. 91-103) (qg) The incumbent in the class of Accountant II who, at the discretion of the appointing authority, is regularly and continuously assigned eleclronic daln processing (FDP) systems coordination responsibilities, will be paid an additional ten salary rate ranges (approximately 5%) above the current base monthly salary step to which he or she would otherwise be entitled. (Council Resolution No.82- 110 Section 3.1[gg], as amended by Resolution No. 92-034) (hh) An incumbent in the class of Equipment Operator who, at the discretion of the appointing authority, is regularly and continuously assigned, on a full-time basis, to operate a Motor Grader, will be paid an additional ten salary rate ranges (five percent) above the current base monthly salary Step to which he or she would otherwise be entitled. (Council Resolution No. 82-110 Section 3.1[hh], as amended by Resolution No. 92-034 (ii) (Reserved) (]]) (Reserved) (kk) (Reserved) (II) (Reserved) (mm) (Reserved) (nn) (Reserved) (oo) Incumbents In the classlflcatlon of Correctional Officer who are continuously and regularly asslgned to and actually performing duties of a Correctional Supervisor will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1D) (pp) An employee who is continuously and regularly assigned to perform training functions as a Parking Control Officer will be paid at a rate set five (5) salary rate ranges (approximately 2.5%) above his or her then current base monthly salary step. (POA MOU Article V Section 1H) (qq) (Reserved) (rr) Incumbents in the classification of Police Officer who are continuously and regularly assigned as a Canine Officer will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. (POA MOU Article V Sectionl l) (ss) Incumbents in the classification of Police Officer who are continuously and regularly assigned to and actually performing duties of a Motor Officer assigned to the Traffic Division will be paid at a rate set five (5) salary rate ranges (approximately 2.5%.) above his or her then Current base monthly salary step. (POA MOU Article V Section1J) (tt) An incumbent, identified by the Police Department, who is continuously and regularly assigned to and actually performing duties of a Detective/Investigator assigned to the Investigations Division or Special Investigations Units as well as Police Investigative Specialist, Background Investigator, Collision Investigator, and Graffiti Task Force Investigator, will be paid at a rate set five (5) salary rate ranges (approximately 2 5`4) above his or her then current base monthly salary step. (POA MOU Article V Section K) (uu) Incumbents in the classifications of Correctional Officer or Correctional Supervisor, who are continuously and regularly assigned to either the 20/(k) //12.b Detention Work Schedule, or the 4/10.b Detention Administration Work Schedule, shall be paid at a rate set six (6) salary rate ranges (approximately 3%) above his or her then current base rnonthly salary step. (POA MOU Article V Section 1 L) (161ty CaMtoed) 27 — 23 4/6/2021 Page 15 of 25 (ww) Incumbents in the classification of Firearms Examiner who are regularly and continuously assigned to and actually performing duties in a lead' supervisory capacity over a primary functional unit, will be paid at a rate set ten (10) salary rate ranges (approximately 5.0%) above their then current base monthly salary step. (POA MOU Article V Section 1 M and Council Resolution No. 2005-026) (xx) Reserved (yy) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are continuously and regularly assigned as a Tenprint - AFIS Technician will be. paid at a rate set five (5) salary rate ranges (approximately 2.5%) above their then current base monthly salary step. (POA MOU Article V Section 10) (zz) Incumbents in the classifications of Forensic Specialist I and Forensic Specialist II who are continuously and regularly assigned as a Fingerprint Analyst will be paid at a rate set five (5) salary rale ranges (approximately 2.5%) above their then current base monthly Salary slap. (POA MOU Article V Section 1 P) City Council 27 — 24 4/6/2021 Page 16 of 26 0II V 46 IR 1IWY AD DI III\/6 S BILINGUAL PAY. Qualified personnel in the below -listed representational categories who meet the required criteria specified in the Memorandum of Understanding (or Pay Plan) covering their job classification will receive a monthly pay differential above their current base monthly salary step in the amounts specified below by representational category! (1) SEIU (Service Employees International Union): (SEIU MOU Article 5.313, C: • Primary Bilingual Assignments: $175.00 per month. Secondary Bilingual Assignments! $40.00 per month. (11) SEIU f art -time Civil Service (Service Emolovees International Union): (SEIU Article 5.3 B-C) • Primary Bilingual Assignments: prorated amount based on $175 per 173.33 hours. Secondary Bilingual Assignments: prorated amount based on $40 per 173.33 hours. (111) SEIU Part-time Non Civil Service (Service Employees International Union*(SEIU Article 4.5 B-C) Primary Bilingual Assignments $1.01 above base hourly rate. • Secondary Bilingual Assignments: $0.23 above base hourly rate. (IV) SAMA (Santa Ana Management Association)i (SAMA MOU Article • Primary Bilingual Assignments. $175.00 per month. • Secondary Bilingual Assignments: $40.00 per month. (V) CASA (Confidential Association of Santa Ana,)7 (CASA MOU Article 6.3.B-C): • Primary Bilingual Assignments $175.00 per month. • Secondary Bilingual Assignments! $40.00 per month. (VI) POA (Police Officers Association): (POA MOU Article V Section 3C,D,E,F): • Sworn: Street Level Proficiency. The amount equal to the product obtained by multiplying the step "E" base salary rate of employee by five (5) salary rate ranges (approximately 2.5%). • Sworn: Complex Level Proficiency. The amount equal to the product obtained by multiplying the step "E" base salary rate of employee by ten (10) salary rate ranges (approximately 5%). • Non Sworn. Primary Level Proficiency. $175.00 per month. Non Sworn: Secondary Level Proficiency: $40.00 per month. (VII) PMA (Santa Ana Police Management Association)i (PMA MOU Article 5.1)� Primary Bilingual Assignments $175.00 per month. (Vill) EM (Executive Management)i (EM RESO Section 2)1 Bilingual Assignment shall be paid in the highest amount as available to represented management employees. 2. SHIFT DIFFERENTIAL. (1) SEIU. Generally. An employee in a classification represented by SEIU who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 1/2 hours) between the hours of 5:00 p.m. and 7:00 a.m. will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step except however such shift pay differential shall not be applicable to employees in the classification of Park Ranger and Supervising Park Ranger. (SEIU MOU Article V Section 4A) (11) Library Deoartment Emolovees. Employees hired and assigned to the Library prior to December 1, 1987 who work evening shifts until closing time, but who are not otherwise eligible for shift differential as provided under Subsection (a) above, shall receive as special shill pay, an arnounl equal In one-half (112) of one hour's pay for each day they work an evening shift until closing time. Said special shift pay shall be computed on the hourly equivalent of the base monthly salary step. Such half-hour's pay shall not be counted toward the computation of overtime. Such special library shift pay differential shall not be applicable to library employees hired on or after December 1, 1987. (SEIU MOU Article V Section 46) (III) Early Morning Street Crews. A Street Maintenance employee who is assigned to traffic oantino or downtown cleanup crews who is cP7 tiptEgg&apd regularly assigned to a schedule of wgk_�NrP� requires that he or she,$ffiYPl"ork at least Page 17 of 25 flfty percent (50%) of hls or her normal dally work shift between the hours of 1:00 a.rn. and 7:00 a.rn. will be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then current base monthly salary step. (SEIU MOU Article V Section 4C) (IV) Standby Pay. Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time nlher Ihan [heir regularly scheduled working hours, shall be said [o be on slarldhy duly. Fmployees shall receive four hundred fifty dollars ($450) per week when assigned to be on standby duty. Employees who "trade" days will have that time deducted from their pay on a prorated daily rate based on a seven (7) day week. Employees who cover the day shall be pald at the dally rate. All trades must be approved by the Supervisor or Manager. Water Production. Water Maintenance, Public Works Maintenance, Building Maintenance, and Information Technology Department and staff shall be required to serve on standby duty and receive standby pay as defined above. The City's preference will be to accomplish the above through volunteers; however, qualified employees may be directed to be on standby if the number of volunteers is insufficient. In addition to Standby Pay, if an employee is able to handle the incident by phone or other electronic means without reporting to duty. he shall be entitled to overtime pay at the rate of 15 minutes or actual time spent per incident whichever is greater, paid at time and one-half (T 112) per incident. Additional Standby Pay programs may be implemented with the approval of the Department Head and Clty Manager. (SEIU MOU Article V Section 5.A-D) (V) (POA) Police Officers Association Incumbents in the classification of Animal Service Officer I or 11, Forensic Specialist I or 11, Crime Research Analyst, Police Communications Supervisor, Police Investigative Specialist, Police property & Evidence Specialist, Police Service Officer, Police Evidence and Supply Specialist, Police Services Dispatcher, Communications Services Officer, Correctional Officer, Correctional Supervisor, and Parking Control Officer who are continuously and regularly assigned to a schedule of work which require that he or she actually work a minimum of four and one-half (4 112) hours between the hours of 5,00 P.M. and T00 A.M. will be paid a shift differential at a rate set ten (10) salary rate ranges (approximately 5.00/.) above his or her then Current base monthly salary step. (POA MOU Article V Section 2) Effective July 1, 2017 each Sworn employee who is continuously and regularly assigned to a schedule of work that requires that he or she actually work a minimum of four and one-half (4 1/) hours between the hours of 5:00 P.M. and 7:00 A.M. will be paid a shift differential at a rate set at 2.5% above his or her base monthly salary. (POA MOU Article V Section 2) (VI) (CASA) Confidential Association of the City of Santa Ana An employee in a classification represented by CASA who is continuously and regularly assigned to a schedule of work which requires that he or she actually work a minimum of four and one-half (4 '/) hours between the hours of 5:00 p.m. and 7:00 a.m., shall be paid a shift differential for his or her entire work shift at a rate set ten (10) salary rate ranges (approximately 5%) higher than his or her then -current base monthly salary step. (CASA MOU Article 6 Section 4A) (VII) Standby Pav Employees who are released from active duty but who are required by their department to leave notice where they can be reached and be available to return to active duty when required by the department at any time other than their regularly scheduled working hours, shall be said to be on standby duty. Effective no later than the first (1,4) day of the second (2...J) payroll period following Council approval, such employees shall receive two hundred dollars ($200) per week when assigned to be on standby duty. (CASA MOU Article 6 Section 4B) (1) SEIU (Service Employees International Union) An employee that is required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties shall be paid a monthly differential of forty dollars ($40) above his or her then current base monthly salary step. (SEIU MOU Article V Section1.D), (11) (CASA) Confidential Association of the City of Santa Ana Full-time incumbents in any classification who are required by a Department Head or their designee to perform the duties of a Notary Public for the City, in addition to regular duties, shall be paid a monthly pay premium of forty dollars ($40) above his or her then current base monthly salary step. (CASA MOU Article 6 Section 1 B) City Council 27 — 26 41612021 Page 1r (if 2n •►URNUUM MINX11 (1) (CASA) Confidential Association of the City of Santa Ana An employee who is routinely and consistently assigned to sensitive positions by a Department Head, involving labor negotiations which require trust and discretion, in accordance with Government Code section 3507.5, will be paid at a rate set 2.56A, above the current base monthly salary step. (CASA MOU Article 6 Section 6) 5. CARFFR DFVFI OPMFNT PAY (POA) Police Officers Association The Senlor Police Officer 1 -III and Senlor Police Sergeant 1 -III provisions set forth In sections (II) — (VI I) below apply to sworn employees in the bargaining unit hired by the City of Santa Ana into a sworn position prior to January 1, 2014. The Career Development Pay provided for in section (IX) below is for sworn members of the bargaining unit hired into a sworn position with the City of Santa Ana on or after January 1, 2011. (1) Crime Scene Investigator (C.S.1): Any sworn, safety -member Police Officer who attains the following educational and experience requirements and the approval as set out below shall be paid an additional five ( 5) salary rate ranges ( 2. 5%) above his or her (hen Curren( base monthly salary step. The criteria for such designation shall be as follows: A Completlon (acquisition) of at least thirty (30) educational and/or training units. B Assignment to and actual performance of the duties and responsibilities of a C. S. I. C Completion of a special training course for Crime Scene Investigators as developed and administered by the Santa Ana Police Department or such alternative course as designated for such purpose by the Police Chief. D Approval of the Police Chief. The number of such designations as C. S. I. shall be no larger than the requirements of the department as determined by the Police Chief (11) Senior Police Officer I Any sworn, safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/training units fulfills the requirements established in this section shall be designated as a Senior Police Officer I and shall, upon approval of the Police Chief, be paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. (III) Senior Police Officer II: Any sworn, Safety -member Police Officer regardless of duty assignment who completes (acquires) at least ninety (90) educationaVtraining units, or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall be designated as a Senior Police Officer II and shall upon approval of the Police Chief.be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Officer classification. (IV) Senior Police Officer III: Any sworn safety -member Police Officer, regardless of duty assignment, who completes (acquires) at least one hundred and twenty (120) educational/ training units, or possession of an Associate of Arts degree from an accredited college with an additional sixty (60) or more educational/training units shall, upon approval of the Police Chiof be designated as a Sonior Police Officer III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Officer classification. (V) Senior Police Sergeant I: Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least sixty (60) educational/ training units; shall be designated as a Senior Police Sergeant I and shall, upon approval of the Police Chief, he paid at a rate set fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. (VI) Senior Police Sergeant 11: Any officer holding the rank of Police Sergeant in the Santa Ana Police Department, regardless of duty assignment, who completes (acquires) at least ninety (90) educational/ training units; or possession of an Associate of Arts degree from an accredited college with an additional thirty (30) or more educational/training units shall,upon approval of the Police Chief,be designated as a Senior Police Sergeant II and shall be paid at a rate set twenty-five (25) salary rate ranges (approximately 12.5%) above his or her then current base monthly salary step in the Police Sergeant class. (VII) Senior Police Sergeant III Any officer holding the rank of Police Sergeant in the Santa Ana Police A?Wndred and City Q (120) educational/training units; or ses n of an Associate of e from an Page 19 of 211 accredited college with an additional sixty (60) or more edIII catlonalltralnIng units shall, upon approval of the Police Chief, be designated as a Senior Police Sergeant III and shall be paid at a rate set thirty (30) salary rate ranges (approximately 15%) above his or her then current base monthly salary step in the Police Sergeant class. (VIII) Career Develooment Program - Non -Sworn: An incumbent in one of the classes designated as "non -sworn" covered by this MOU shall earn an additional amount as follows: A Upon attainment of an Associate in Arts Degree, employee will be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph shall only apply to employees in classifications, which do not require a degree. B Upon attainment of a Bachelor of Arts or Science Degree, an employee will be paid at a rate set an additional ( 15) salary rate ranges ( approximately 7. 5"/0) above his or her then current bast monthly salary stop. If the employco obtains a Bachclor's Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate set ten (10) salary rate ranges (approximately 5`/0) above his or her then current base monthly salary step. For employees hired after July 1, 2017, the pay in this paragraph Shall only apply to employees in classifications, which do not require a degree for any employee hired after July 1, 2017. C Upon attainment of a Masters in Arts Degree, an employee will be paid at a rate set twenty (20) rate ranges (approximately 10%) above his or tier then current base monthly salary step. This pay is not stacked with the pay in paragraphs A and B above. For employees hired after July 1, 2017, the pay in this paragraph shall only apply employees in classifications, which do not require a degree. (IX) Career Develooment Pay - Sworn Effective at the beginning of the pay period following City Council approval, sworn Employees hired on or after January 1, 2014 shall be eligible to receive Career nevelopment Pay as follows: A Level One - Upon attainment of an Associate in Arts Degree employees will be paid at a rate set ten (10) salary rate ranges (approximately 5"/,) above his or her then current base monthly salary step. B Level Two - Upon attainment of an Associate in Arts Degree and an additional thirty (30) educational units toward a declared Bachelor' s degree, employees will be paid at a rate set an additional (10) salary rate ranges approximately 5%) for a total of 20 salary rate ranges (approximately 10%) above his or her then current base monthly salary step. If such employee obtains a Bachelor's Degree without attaining an Associate in Arts Degree, he or she will be paid at a rate set twenty (20) salary rate ranges (approximately 10%) above his or her then current base monthly salary step. C Level Three - Upon attainment of a Bachelor of Arts or Science Degree employees will be paid at a rate set an additional (10) salary rate ranges (approximately 5` ,) for a total of 30 salary rate ranges (approximately 15%) above his or her then current base monthly salary step. (PMA) Santa Ana Police Management Association: Effective July 1, 2019, all eligible members of PMA currently receiving Educational Incentives listed in Section (as described below) as of July 1, 2019 will be "grandfathered in" to continue to receive those incentives but no other rnembers of the associalion will be able to participate in this eduCalional incentive. In no event Shall the application of this Educational Incentive program result in an employee being eligible to earn more than ten percent (10%) above his or her then current base monthly salary step. (1) FBI National Academy. Any employee coveredby rhis MOIL whir successfully completes the Pitt National Academy shall be paid at. a rate set tell (10) salary rate r all -es (approxirnetcly 50;,) above his or her then cuncril bast monthly salary step. (I1) California Command College. Any employee covered by this MOIL who successtitlly completes the Califonlia Counn;uld College shall be paid ;it a rain act Ica (10) salary rate ranges (approxinioIcIy 5%) above his or her Iha1 cun-enI base monthly salary step. (111) LAPD Leadership Program. Puny employee coveted by this MOLT who successfully completes the LAPD Leadership Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.51to above his or her then cmiYmt base moritlily aUlary step. City Council 27 - 28 4l612021 Page 20 of 25 (I\ Police Lxcculivc ltc ecarch Forum (PLHP) Senior Manageincm hiNIllUI : for Police. Any ctnploy", covered by this MOU who successfully completes the Senior Management Institute for Police shall be paid at it rate set live (5) salary rate ranges (approximately 2.5"%,) above his of her then cunnnt base lot) III IN' salary src11. (\�) FBI National Academy (LEEDS Progain). Any enploycc covered by Ihis Mt lU who successfully completes the FBI LLBDS Program shall be paid at a rate set five (5) salary rate ranges (approximately 2.5"/,,) above his or her then current base monthly salary step. (VI) Imcrnational Association of Chief. of Police. Any cmploycc covcrcd by this MOU who successfully completes the Leadership in Police Organizations Program shalt be paid at it rate set five (51 Sala l y rate ranges (approximately 2.5"%) above his or her then current base monthly sala 1 y step. (b71) Homeland Sccutity Executive Leaders Progam. Any cmploycc covered by this MOU who successlillly a>mpletes the Homeland Security Executive Leaders Program shall be paid at it Tale scl five (5) stdaly rate ranges (approximately 2-5,A) ahovc his or her then current base monthly SAIally STCp. (vIII) Advanced Leadership Program. '1hc advanced leadership courses listed below represent cuniculonn that exceed nuninurm training mandates tot law entorcennem managet.s. The subject malter addresses a variety ol'critical topic, associated with advanced organizational development and the role of leaders within tic organi7,lrion. All eour�es arc Applicable to Sworn arnl civilian managers. An-y crap loycc covcrcd by this MOU who sucecSSlutIy coulptctcs it cumulative LOW of 112 hours of the below listed advanectl leadership colr,es shall be paid u r 1,110, scI live (5) salary r;ll,: rangee (approximately 2.5.) above his or her then curtclit base monthly Baldry step. Leadership Courses Hour Command lnstitutC I'or Law Lnloreement EXCOLLIkOS (P_R_L -LLLDA) 75 Coutetnporary Leadership Issues (F.B.I. -LLLDA) 32 Lxccutivc DCVelolmcnt Course (P.O.S.1.) 90 Management Civilian Seminar (Part 1) (P.O_S.T.) 24 management Civilian Seminal- (Part. II) P.O.S.'1 24 Organizational Leadership (P.O_S.T.) 40 Po lice Management Seminar Advanced (P.O.S.T.) 24 Supervisor Lcadcr,hip Institute (F.RJ_ LLLDA) QO POST Management Update 24 POST Superviso I v Update 2 4 < RI-LLLDA Lxecutive Survival 32 Ru Ic of the Police Chief 40 POST Supervisoly/Leadership Update 24 Lttective executive Communication 21 Po lice Management Seminar Advanced 24 Civilian Management Seminar 4 0 Advanced Civilian Management 24 I. Additional C011l'4C5. Any other Coul",c, 24 11oon or longer, which ItnCOSCi im devClnpit)P lcadaship skills or inerca sing k nowlcdgc of cotuc upotary law cuRxcemcru issues of a nlanage[lie nt/executive nature, or which enhances knowledge of community policing stratcnics oru-nlds_ shall he revicv, ed and annroved by the Chief of Police after hclshe ensures City Council that the above criteria are ma. 27 — 29 4/6/2021 PegH 21 (if Lh WK) Educational hiccntivc Proerain: Effoctivc .July 1, 2019 for all members L;owred by this MOLT, including Current PMA ntenthers, entployees hired or promoted into the PMA unit on or after July I, _2019, Rltnll not he eligible for the P.ducttiorial Tnccntivc9 Program described (above) lint Shall now be eligible for the Education Incentives listed in this section of this MOLT. Those that were preciously receiving incentives that qualify for the provisions in this section on or aAcr July 1, 2019, ;hall not be eligible for both, only the greater benefit of the two. SWORN ONLY: Sworn entployees may only qualify for one (1) L<lucation hrccntive Lcvcl at one time and not intended to be compounded with one another. 1. Lcvcl 1 - Any sworn cmploycc covered by this MOU who successfutly obittins his/her Supervisoy POST ccrtificare, Rhall be paid it a rate set ton (10) salaryy rate ranges (approximately S%) above his or her then current ha,e monthly ,glary step (cap=S% - 2. Lccel2 -Any swum cmploycc. covered by [his MOU who Successfully obtains his/her supervisory POST' AND California Command College OR 17731 National Academy shall be paid at twenty (20) salary rate ranges (approximately 10",,) above his or her then current hMe ncmthly salary step (cap-10'!A). 3. T-evcl 3 - Any sworn cmploycc cove cd by this MOU who attains their MA/MS Legs: AND Supervisory POST shatl be paid at twenty (20) salary rate ranks (approximately 10'A) on above his or her then current base monthly salary step (cap 10'/,)- 4. Lcvcl 4- Any sworn cmploycc covered by this MOU who atlainv IhcirMA/MS Dcrive AND Supervisory POST' AND California Command Collcgc OR 1l81 National Academy shall be paid at ibu-Ly (30) salary rate ranges (approximately 14',�) or] above his or her then current base monthly salary step (cap 15%)- ii. NON -SWORN 1. Any non -sworn cmploycc coverect by this MOU who successfully att<Iin�. a Masters of Art or Master of Science degree shall be paid at a rate set ten 110) Sala I-y rate ranges (approxinintely 5"t.) above his or ha• then current base monthly sal I step (cap-5%). (EM) Sworn Unrepresented Executive Management: i. SWORN ONLY: Sworn cnyiloyces may only quality for one (t) Education hiccativc Lcvcl at one tine and ttitt intended to be ci,npoundcd with nnc another. I . T.crcl I - Any Nwoni cmploycc covered by this MOT1 irho aucecssfully uhLains his/her Supervisory POST certificate, shall be paid at a Talc sc[ ten (10) salary rate ranges (approximately 5",,) above his or her then current base monthly salary step (cap-5'%,). 2. Level 2 - Any sworn employee covered by this MOIL who successtully obtains his/her Sttpctvivay POST ANT) California Command Collcgc OR T 11T National Academy shall be paid at twenty (20) Nalary rate rmgos (approximaLcly 10o/.) above IIN or hn- thcat cun-cm base monthly salary Stcp (cap-10,.). 3. Level 3 - Any sworn employee covered by this MOU w-ho attains their MA/MS Degree. AND Supervisory POST shall be paid aL twenty (1-0) salary rate ranges (approxirnalely 10%) on above his or her dren current base monthly salary step (cap 1011.). 4. Level 4- Any sworn employee coveted bythis MOU who attains theirMA/MS Degree. AND Supevisory POST AND California Conmtand Collc2c OR FBI National Acadcrny shall be paid al thirty (30) Nala y rate ranges (approxirnatcly 1 5 .,) on above lni or her Ihcn cuncni base monthly salary step (cap 15%). City Council 27 - 30 4/6/2021 PegH 22 of 21) II 00 11 1No f II S Employee groups and City Council appointed employees are designated as follows: "Ar)MIN MGMT-NS", denotes classifications defined as Administrative Management (AM) personnel under the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022; "MID M-NS" denotes classifications defined as Middle Management (MM) personnel under the terms of the Memorandum of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022, "SAMA-AM-PTCS" denotes classifications defined as Administrative Management (AM) "Part -Time Civil Service" (PTCS) personnel under the terms of the Mernorandurn of Understanding (MOU) (A-2019-185) between the City and the Santa Ana Management Association (SAMA) from January 1, 2019 to June 30, 2022, "APPOINT" denotes City Manager; City Attorney, and Clerk of the Council; "EXEC-NS", "EXEC -SWORN" denotes classifications defined as "Executive Management" (EM) Non -Sworn and Sworn personnel under the terms of Santa Ana City Council Resolution No. 2015-026, "PMA-NS". "PMA-SWORN" denotes classifications defined as Represented Management (RM) personnel covered by the Memorandum of Understanding (MOU) (A-2019-187) between the City and Santa Ana Police Management Association (PMA) from July 1, 2018 to December 31, 2021, "POA-NS", POA-SWORN denotes classifications defined as Non -Sworn and Sworn covered by the Memorandum of Understanding (MOU) (A-2019-027) between the City and the Santa Ana Police Officers Association (POA) from July 1, 2018 to December 31, 2021; "SEIU 6" denotes classifications covered by the Memorandum of Understanding (MOU) (A- 2019-227) between the City and the Service Employees International Union Local 721 Chapter 1939, AFL-CIO, (SEIU) from July 1, 2019 to June 30, 2022; "PT CS SEIU 6" denotes classifications defined as "Part -Time Civil Service" (PTCS) personnel under the terms of Mernorandurn of Understanding (MOU) (A-2020-090) between the City and the Service Employees International Union Local 721 Chapter 1939, AFL-CIO, (SEIU) (A-2020-090) from July 1, 2019 to June 30, 2022, "SEIU PT" denotes regular, long-term part -Lime classes covered by the Memorandum Of Understanding (MOU) (A-2016-034) between the City and the Service Employees International Union (SEIU). Local 721 Chapter 1939. AFL-CIO, Part-time Employees' Representation Unit from July 1, 2015 to June 30, 2017; "UC" denotes classifications defined as "Confidential" (UC) personnel under the terms of Mernorandurn of Understanding (MOU) (A-2019-186) between the City and the Confidential Association of the City of Santa Ana (CASA) for January 1, 2019 to June 30, 2022 "PT CS CASA" denotes classifications defined as "Confidential" WC) "Part -Time Civil Service" (PTCS) under the terms of Memorandum of Understanding (MOU) (A-2019-186) between the City and the Confidential Association of Santa Ana (CASA) for January 1, 2019 Io.lune 30, 2022 Notes: Unrepresented "Executive Management" (EM) personnel, and as such, are eligible to receive certain employee benefits which are different from and/or greater than those available to non -management personnel. (T) designates a "terminal" class. A position classification that has been designated as "terminal" by formal City Council action will he deleted from the City's Basic Classification and Compensation Plan when vacated by its last remaining incumbeoit"Mi-fWpointments may be made to a class thatzryasl3�gn so designated. 4/6/2021 P ]f)H 2.1 of 211 II 6 II II C If INM CllIAINCA S, Irs (DIRIfa0IRt 11 ICE d III RII IN 1) The incorporation of second amendment No. A-2020-149 to the Santa Ana Police Officers Association Memorandum of Undorstanding No. A-2019-027, as approved on July 7, 2020. 1. Effective January 1, 2021, the base salary of employees covered by this MOU shall be increased by four (4) salary rate ranges (approximately 2.0%). 2. Fxtension of the term of MOU No. A-2019-027 from July 1, 2018 through December 31, 7071. 2) The incorporation of Santa Ana Police Officers Association Memorandum of Understanding No. A-2019-027 Educational Incentive Program. 3) The incorporation of Santa Ana Police Management Association Memorandum of Understanding No. A-2019-137 Educational Incentive Program. 4) The incorporation of Rcsolution No. 2020-082. a Rcsolution of the City Council of the City of Santa Ana to amcnd Resolution No. 2015-026 amending, reestablishing and delineating the Basic Classification Plan for classifications of employment designated as Unrepresented Executive Management, as approved on November 17, 2020. 1. Deletion of step -based compensation plan. 2. Addition of Executive Management performance salary -based compensation plan. 3. Deletion of Deputy City Manager (EM). 4. Education Incentive Sworn Executive Management. 5) The incorporation of Resolution No. 2020-101, a Resolution of the City Council of the City of Santa Ana to amend Resolution No. 2015-026 to effect certain changes to the City's Basic Classification Plan and Compensation Plan and to amend the current annual budget for fiscal year 2020-2021, as approved on December 15, 2020. 1. Addition of Engineering Apprentice. City Council 27 — 32 4/612021 PegH 24 of 211 EXHIBIT A Primary Matrix Effective 1/1/2021 RANGE 0 1 2 3 4 5 6 7 8 9 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2� 11 2� 27 2� 39 2� 51 2� 63 2� 75 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 79'13 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994 89 16058 16136 16216 16298 16381 16462 16545 16626 16711 16794 90 16861 16943 17027 17113 17200 17285 17372 17457 17547 17634 91 17704 17790 17878 17969 18060 18149 18241 18330 18424 18516 92 18589 18680 18772 18867 18963 19056 19153 19247 19345 19442 93 19518 19614 19711 19810 19911 20009 20111 20209 20312 20414 94 20494 20595 20697 20801 20907 21009 21117 21219 21328 21435 95 21519 21625 21732 21841 21952 22059 22173 22280 22394 22507 96 22595 22706 22819 22933 23050 23162 23282 23394 23514 23632 City Council 27 — 33 4/6/2021 Page 2.) of 20 n o G -- N N M � - - - - - - - - - r - N M G M iJ - N � rl0 •D N N V F- N m Q 'D m N F- CO O 'i aJ (O Kl M N O O D p r� n� O M GJ OJ �� YJ �]N} m �� m N m O CO N m� l(I O •T aT l(J T G, n p r ON In 0 (O (P W N N SJ Q CJ N N (O O Q U N (D N O Q M Q aJ N N N M M M Q Q h N (O aD cD n n g q Qi QJ OJ r Off' a o pN h pN Q I� ID [P b Q CJ Q MyD vJIn O O [➢ OJ N K> q? N) K> Z q ry iy v) p OJ j o i(✓ i4 LL r 6J a N o 0 cA vJ N IN m r p rN, n-, ti G M rp GJ IN N m m m -r R e" <� q N IA m use, I�9Ji c�i to -d U -d Q '-Q D) M M N O N O I(J m 10 ICJ N �� N 'S M? m m ID M G G N m O CG N m M G G In Cy M v C� m m � F- 6• M � M N O N � O LL] m N LL] N F- N Q (O �-f (� (O l0 F- Q m- Q m O O (D CJ m n M O N O M (O O Q O (O M O O M (O O (D N r O N ] F- V UJ r- m aJ N LL] JJ m LL] m In m Q m N rL J) O o T oM n n !o m m > m n O m n K F m M M N O N O^ (O In 10 N I'- N Q fD Q (P W IO I'� M O O (➢ N CA vJ M O M CJ O v O C➢ In O_ C] N ID CO (O 6) M (O O N n I- O N n Iti CA � O CO N (O O 0."J N N � O yl lV w OJ O m OJ C7 17 ID (➢ n n m q N b O m O C C h ti O% M CJ N O N C- vJ b g N P N--� G1 y U d E1 m pp�� ��p m O CP N q M O O O T ;9 O T O ID M O O <P O O cm I` O N v) ti_ M (O O. IN v] Z I q q N I q N tP m rn m m m In N N F- V M -} D Q •L n JJ F- W G Q G (U M O G v In�� � I� N N aJ M M N G N G N m N n N F- V m Q D (D N N M Q (D m M (nD O D aV •D n M 0 0 M 'D O Q O (D M O u In m N N D) M � M N O N � O^ f0 N 4] N F- N Q tL -f t0 (➢ 0 S. O N Q (D %l O N f) r O N YJ I'� _ tD QJ N 4] q q 4] q N '➢ O Q r cn q ID m mJ OJ V• CO f� D' M M N r- ` � O b y m Q M O IP N g O M O f�- C N W IXJ N W OJ OJ OJ C+J O O O O N N N M M M J uJ m m r 2 c-� r r <V IV N m 13i mJ Q Q m m iD 7 S, aJ M m F- m M V- N - ] In N F- N Q m o •p M N O m In m U] M O O O M m O Q O m M Iv G m m m m m aJ aJ a, a, O O 0 0 �J N N N C'f M Q Q Q ICJ x C] M In J] ID M N m aJ CD r- M M N F M N O N O �➢ (O �➢ �➢ N F- N Q -} •D O N M Q In IO SI m O N M Q ID (O F- -n m O Public Works Agency https://www.santa-ana.org/pw Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Grant Application for Landscape Transformation Program AGENDA TITLE Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Small -Scale Water Efficiency Projects for the Santa Ana Landscape Transformation Program (Non -General Fund) RECOMMENDED ACTION Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Small -Scale Water Efficiency Programs Grant for the Turf Removal and Irrigation Improvements Program, in an amount up to 575,000. DISCUSSION The U.S. Department of the Interior offers grant funding for small-scale water efficiency projects through the Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow (WaterSMART) Small -Scale Water Efficiency Programs (SWEP). To be considered a small-scale project, total project costs should generally be $200,000 or less. The current Notice of Funding Opportunity includes approximately $3 million for award to agencies, with a maximum award amount of $75,000 per agency. Adoption of the resolution authorizes the Executive Director of the Public Works Agency to submit a grant application. The Public Works Agency, Water Resources Division currently coordinates with the Metropolitan Water District of Southern California to administer a landscape transformation program that offers rebates for projects involving turf -removal and the incorporation of water -saving plants, technology, irrigation and hardware. The program aims to reduce outdoor residential water demand and improve water supply resilience through landscape transformation, education and awareness. The Water Resources Division intends to utilize the SWEP grant funds to expand the program and subsidize the cost of residential turf removal projects for Santa Ana residents living in areas of the City identified by California State Bill 535 as disadvantaged communities (DACs). The Santa Ana Landscape Transformation Program will result in quantifiable water savings for the City as a whole, and financial savings for DAC residents who participate in the program. City Council 28 — 1 4/6/2021 Adopt Resolution for BOR SWEP Grant April 6, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. 1. Resolution Authorizing Grant Application for Landscape Transformation Program Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 28 — 2 4/6/2021 jmf 3/10/21 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING FROM THE BUREAU OF RECLAMATION'S WATERSMART SMALL-SCALE WATER EFFICIENCY GRANTS FOR THE SANTA ANA LANDSCAPE TRANSFORMATION PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS. Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana will offer financial assistance for turf removal and irrigation improvements for Senate Bill 535 identified Disadvantaged Communities (DACs) within the City of Santa Ana, as part of the Santa Ana Landscape Transformation Program. B. A combination of subsidies for turf removal, installation of low water usage plants, and low water use irrigation systems will be offered to the willing participants. C. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Small -Scale Water Efficiency Project Grants (SWEP) for this type of project. This program provides up to $75,000 in funding for projects that provide small-scale water efficiency. D. The City of Santa Ana desires to fund part of the cost of the Santa Ana Landscape Transformation Program with grant funding from the Bureau of Reclamation's WaterSMART SWEP program in the amount of $75,000. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of Public Works, or his or her designee, to complete, review, sign and submit, for and on behalf of the City of Santa Ana, a grant application for the Bureau of Reclamation's WaterSMART SWEP Program for the Santa Ana Landscape Transformation Program in the amount of $75,000. Section 3. The City Council of the City of Santa Ana hereby designates the Executive Director of Public Works, or his or her designee to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Section 4. The Executive Director of Public Works, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities HHKolution No. 2021-XXX City Council 28 — 3 4/6/20"e 1 of 2 under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing a minimum of 100% in matching funds ($75,000) for the project, and up to the balance of funds needed to complete the construction of the project. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOP I ED this day of Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Sr. Assistant City Attorney AYES. NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 2021. CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2021 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2021- Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 28 — 4 4161202ge 2 of 2 Police Department https://www.santa-ana.org/pd Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Donation of a Police K-9 Animal, Equipment and Supplies, and Training AGENDA TITLE: Adopt a Resolution and Approve an Agreement Accepting the Donation of a Police K-9 Animal, Equipment and Supplies, and $5,000 to Cover Training Expenses from Johanna Scillieri for the Santa Ana Police Department Vice/Narcotics K-9 Program RECOMMENDED ACTION 1. Adopt a resolution accepting the donation of a Police K-9 animal, equipment and supplies, and $5,000 to cover training expenses from Johanna Scillieri for the Santa Ana Police Department's Vice/Narcotics Unit and implementation of a K-9 Narcotics Detection Program. 2. Approve an appropriation adjustment recognizing $5,000 in Police Miscellaneous Reimbursement revenue (account no. 01114002 57402) and appropriating same to the Vice/Narcotics Training, Transportation and Meetings account (no. 01114470 62120). DISCUSSION The Santa Ana Police Department recently researched the benefits of implementing a K-9 Narcotics Detection Program. Currently, the Department does not have such a program, and relies on neighboring agencies for K-9 narcotics detection dogs. A K-9 narcotics detection program will assist the Department in identifying areas in which narcotics are sold. This will include narcotic houses that are a blight on the community, illegal cannabis cultivations, and other locations. The implementation of a narcotics program will also assist in the seizing of narcotics and reducing the amount of man hours required in these types of investigations. Currently, the Santa Ana Police Department Canine Unit has six apprehension canines, a bloodhound, and a therapeutic dog. In addition to enforcement duties, the Canine Unit performs public relation activities that enhance the crucial bond between the Police Department and community members. During public demonstrations, community members are able to "meet and greet" the police service dogs and observe live bite and detection demonstrations. City Council 29 — 1 4/6/2021 Donation of a police K-9 animal, equipment and supplies, and training April 6, 2021 Page 2 From time to time, community members contribute funding and supplies to enhance Department programs. Recently, Police Volunteer Johanna Scillieri agreed to donate K- 9 "Poppy", and a K-9 training essentials kit to the Santa Ana Police Department's K-9 Program. Ms. Scillieri's also volunteered to donate a one-time amount of $5,000 for the Basic Handlers Training Course. The total value of the K-9 animal, equipment and supplies, and $5,000 in training funds donated by Johanna will be $12,715.11, as detailed below: 1 K-9 Poppy $7,000 2 K-9 Training Essentials Kit $715.11 3 Rasic Handlers Training Course Total $5,000 $12,715.11 In addition to her generous support of the Santa Ana Police Department's K-9 Program, Johanna volunteers up to 30 hours per week to support the Investigations Bureau. Ms. Scillieri also contributed resources towards a natural plant beautification project for the Police Administration Building's main entrance. The Santa Ana Police Department appreciates the partnership it has with its volunteers and recommends approval of this resolution. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $5,000 in Police Miscellaneous Reimbursement revenue (account no. 01114002 57402) and appropriating same to the Vice/Narcotics Training, Transportation and Meetings account (no. 01114470 62120). EXHIBIT(S) 1. Resolution Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 29 — 2 4/6/2021 Exhibit 1 1:7=01all IICi.■i.relIll li=71 TB 4.6.2021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING THE DONATION OF A POLICE K-9 ANIMAL, TRAINING, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. WHEREAS, the Santa Ana Police Department ("Department") does not currently maintain a K-9 Narcotics Detection Program and has implemented the use of such K-9 resources via the assistance of neighboring law enforcement agencies; and B. WHEREAS, the Department will initiate its own K-9 Narcotics Detection Program to provide a valuable narcotics detection resource to assist the Department's Vice/Narcotics Unit, and C. WHEREAS, community members contribute funding and supplies to enhance the K-9 program and Police Volunteer Johanna Scillieri, who volunteers up to 30 hours per week in the Investigations Bureau at Santa Ana Police Department (SAPD) and who has a passion for animals and the Department's K-9 program, wishes to donate one Police K-9, Poppy, to the Santa Ana Police Department; and D. WHEREAS, Poppy will be trained and certified under the SAPD's program with Centurion K-9 I raining and will serve in the Department's K-9 Narcotics Detection Program; and E. WHEREAS, the total cost to Ms. Scilleri to purchase Poppy, including training, equipment and supplies which she will donate to SAPID is approximately $7,715.11; and F. WHEREAS, the value to provide the basic handlers training course for the K-9 Narcotics Detection Program and handling of trained K-9 for this Program is $5,000; and G. WHEREAS, the total value for the donation by Ms. Scilleri is approximately $12,715.11. Res6Iityd0d"ddilxxx 29 — 3 4/6/2021 Pago 1 of 3 Section 2. The City hereby accepts the donation of Poppy, to its ranks, and the training, equipment and supplies for this K-9, and its handler, for the K-9 Narcotics Detection Program. Section 4. If section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney n By: ----- Tamara Bogosian Sr. Assistant City Attorney AYES: COUncilmem NOES: Council ABSTAIN: Council NOT PRESENT. Council Res6Idgc0dWdilxxx 29 — 4 4/6(2021 Pago 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Clerk of the Council City of Santa Ana Res6I dycQdWdilxxx 29 — 5 4l6(2021 Pago 3 of 3 City Manager Office https://www.santa-ana.org/cm Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Legislative Advocacy Services; Local, State, and Federal Government Associations AGENDA TITLE: Approve Agreement with Townsend Public Affairs for Slate Legislative Advocacy Services; Approve Amendment to Agreement with Holland & Knight for Federal Legislative Advocacy Services, Provide Direction to Staff relating to Local, State, and Federal Government Associations RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Townsend Public, Affairs for State legislative advocacy services for a three-year term, from April 6, 2021 through March 31, 2024, with an option to extend the term for an additional one-year period, for a four-year not -to -exceed amount of $252,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an amendment to an agreement with Holland & Knight LLP for Federal legislative advocacy services for a one-year term from April 1, 2021 through March 31, 2022, in an amount not to exceed $117,600, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Provide direction to staff relating to local, state, and federal government associations. DISCUSSION Local governments rely on the expertise of state and federal legislative advocacy firms to represent their respective government agencies in Sacramento and Washington DC. This service includes legislative monitoring and analysis, state budget advocacy, and grant coordination and advocacy. These firms also provide monitoring of executive proposals and legislation, as well as administrative rules and regulations that may affect cities. Legislative advocacy services are also essential in identifying funding opportunities, grant applications and other special programs for which the City may qualify. After a competitive Request for Proposal (RFQ) process, staff has prepared a new three- year agreement with Townsend Public Affairs for State legislative advocacy services. City Council 30 — 1 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 2 Separately, staff has prepared an amendment to the existing agreement with Holland & Knight LLP for Federal legislative advocacy services to provide services for one additional year. Below is additional information relating to both State and Federal legislative advocacy services, as well as information relating to subscriptions or memberships with existing local, state, and federal government associations that assist the City with legislative advocacy. State Legislative Advocacy Services The City's current lobbyist, Townsend Public Affairs (TPA), has served the City of Santa Ana as the state legislative advocate for more than 22 years. During their tenure, TPA has demonstrated its commitment to advocating on the City's behalf using the Legislative Platform and previously identified funding priorities of the City, securing over $70.4 million in funding for the City. On February 2, 2021, City staff released a Request for Qualifications (RFQ) to solicit proposals for state legislative advocacy services. The RFQ provided an overview of the state legislative advocacy services the City desired, which included the following scope of services: 1. Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. Advocate the City's position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor's staff. 3. Support a positive relationship with the Governor's office, State Legislature, Governor's office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key cornmittees and other important policyrnakers. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. 5. At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following: A. State laws/regulations or proposed legislation B. Legislative hearings, reports and testimony C. State funding opportunities D. Reporting and data that may impact City operations 6. Provide updates on state legislation that affects the City's legislative priorities, particularly those included in the City's Legislative Platform. Identify potential future legislative issues or opportunities that may interest the City, and help position the City Council 30 — 2 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 3 City to benefit from new laws/regulations/policies, programs, or funding opportunities. 7. Lobby for the City's position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City's position at these hearings. 8. When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City's interests. 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City's Legislative Program. 10.Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues. At the request of the City, prepare briefing materials such as memos summarizing legislation. 11.At the request of the City, assist with drafting position letters on legislation legislation or language for City policy resolutions. 12. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision -makers on pertinent City issues. 13. Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or accomplished on behalf of the City. 14.Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 15.Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. Staff notified 250 firms, one of which was based in Santa Ana that an RFQ had been issued for state legislative advocacy services. The RFQ was also posted online at the City's procurement website, PlanetBids. Sixteen firms downloaded the RFQ, and five firms responded. These firms were Edelstein Gilbert Robson & Smith, Lucien Global, Renne Public Law Group, Townsend Public Affairs, and Jose A. Gonsalves & Son. Lucien Global was not considered because their firm did not upload a completed proposal. Additionally, Jose A. Gonsalves & Son decided to withdraw their individual proposal and instead incorporate their services into Edelstein Gilbert Robson & Smith's proposal. The evaluation of the four remaining proposals was not limited to price alone. Some of the criteria used in the assessment of the proposals included the following: • Overall ability to provide the services based upon the responses to the RFQ • Technical qualifications and experience of key members of the firm City Council 30 — 3 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 4 • Experience with similarly sized governmental agencies in providing the types of services outlined in this RFO • Capability of handling all aspects of the engagement as defined as well as providing support and technical assistance • Fees and charges related to the level of work proposed Below is a summary of the proposals received, along with their average annual cost for the proposed three-year term: Firm Location Average Annual Price Townsend Public Affairs Sacramento, CA $62,000 Edelstein Gilbert Robson & Smith Sacramento, CA $144,000 Renne Public Law Group Sacramento, CA $120,000 The proposals were reviewed by a panel composed of staff from the City Manager's Office. After considering both proposals, staff recommends that the City Council approve an agreement with TPA based on the firm's experience, availability of their staff to discuss legislative matters with City Councilmembers and City staff as issues arise, and the overall satisfaction of the City utilizing this firm since 2004. Federal Legislative Advocacy Services In 2013, the City conducted a compelilive RFP process for federal legislative advocacy services, which yielded three respondents. One of the respondents was the then -existing consultant, The Ferguson Group, who had been providing the City with federal legislative advocacy services since 1987. According to evaluation/scoring/rating criteria, Holland & Knight, the City's current firm, ranked #1 out of three. On December 16, 2013 the City Council awarded an agreement to Holland & Knight for a one-year term in an amount not to exceed $84,100. The original agreement was amended several times to extend its term, and the immediate past three-year agreement with Holland & Knight expires on March 31. 2022. Based off staff's overall satisfaction of the City utilizing this firm since 2013, staff recommends amending the existing agreement to increase the compensation to fund the additional one year of services. The monthly cost to provide services for the proposed additional year is the same as the monthly cost for the previous three years: $9,800. City Council 30 — 4 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 5 Local, State, and Federal Government Associations The City of Santa Ana subscribes to several local, state, and federal government associations to advocate for all types of policy matters that affect local governments. Participation in all of the following associations are voluntary: Memberships FY 2020-21 Description and Dues Expenditure Orange $26,770 Regional governing and/or coordinating bodies that offer County planning, coordination, and technical assistance to their Council of members to administer programs at a regional level; acts as Governments intermediaries between the local government members and QCCOG the state or federal government U.S. $20,500 Official non -partisan organization of cities with populations of Conference of 30,000 or more; exists to accomplish the following: helps Mayors develop and promote effective national urban/suburban policy; builds stronger and more effective federal -city relationships; monitors the effectiveness of federal policy in terms of its service to urban needs; serves to help mayors develop leadership and management tools; and creates a forum in which Mayors can share ideas and information Association of $52,800 Association of Orange County cities that represent the California interests of Orange County cities on regional public policy Cities — issues Orange County (ACC- OC League of $63,070 Association of California cities that advocates for cities at the California State Capitol to expand and protect local control for cities Cities through education and advocacy to enhance the quality of life for all Californians At this time, staff requests City Council direction relating to continuing participation with the above -mentioned associations. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in Fiscal Year 2020-21 in the following accounts from April 1, 2021 throuch June 30. 2021: Department Fund Account Townsend Holland & Public Affairs Kni ht LLP Public Works Fund 101 10117601- $5,000 $9,800 Agency 62300 City Council 30 — 5 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 6 Police General 01114400- $b,000 $9,800 Department Fund 62300 City Manager's General 01104012- $5,000 $9,800 Office Fund 62300 TOTAL: $15,000 $29,400 Funds will be budgeted and available in Fiscal Year 2021-22 in the following accounts from Julv 1. 2021 through June 30, 2022: Department Fund Account Townsend Holland & Public Affairs Knight LLP Public Works Fund 101 10117601- $20,000 $29,400 Agency 62300 Police General 01114400- $20,000 $29,400 Department Fund 62300 City Manager's General 01104012- $20,000 $29,400 Office Fund 62300 TOTAL: 1$60,000 1 $88,200 Funds will be budgeted and available in Fiscal Year 2022-23 in the following accounts from Julv 1. 2022 throuah June 30. 2023: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601-62300 $20,500 Police Department General Fund 01114400-62300 $20,500 City Manager's Office General Fund 01104012-62300 $20,500 TOTAL: 1$61,500 Funds will be budgeted and available in Fiscal Year 2023-24 in the following accounts from Julv 1, 2023 throuoh June 30, 2024: Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601-62300 $22,000 Police Department General Fund 01114400-62300 $22,000 City Manager's Office General Fund 01104012-62300 $22,000 TOTAL: 1$66,000 Funds will be budgeted and available in Fiscal Year 2024-25 in the following accounts from July 1, 2024 through March 31, 2025: City Council 30-6 4/6/2021 Legislative Advocacy Services April 6, 2021 Page 7 Department Fund Account Townsend Public Affairs Public Works Agency Fund 101 10117601-62300 $16,500 Police Department General Fund 01114400-62300 $16,500 City Manager's Office General Fund 01104012-62300 $16,500 TOTAL: $49,500 EXHIBIT(S) 1. Agreement with Townsend Public Affairs 2. Amendment to Agreement with Holland & Knight LLP Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 30 — 7 4/6/2021 AGREEMENT WITH TOWNSEND PUBLIC AFFAIRS FOR STATE LEGISLATION AIIVOCACV SERVICES THIS AGREEMENT is made and entered into this 6th day of April, 2021, by and between Townscod Public Affairs, inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constinitiott and laws of the State of California ("City"). RECITALS A. On February 2, 2021, The City isned Request for Qualifications No. 21-016, by which it soughtproposals from qualified firms toprovide state legislative advocacy services on Ate City's behalf. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope ol'worl< that was included in RFQ No_ 21-01 Oi C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with sttelr standards as may reasonably be expected from a prolessional consulting firm in the field. NOW THEREFORE, in consideration Of the tmtntal and respective promises, and subject to the terms and conditions hereinaner set rorlh, the parties agree as 1,01lows: SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFQ No. 21-016, which is attached as Exhibit A. and as further delineated in C011sultant's proposal, which is attached as F,xhibit B and incorporated in I'ull. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services tinder this Agreement, the rates and chargcs ielentified in Exhibit B for the term of this Agreement, and any extension thereof provided by Section 3. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed S252,000. b. Consultant shall not be reimbursed for arty expense; tmless authorized in writing by Ciry. C. Consultant shall lie compensaled for any services provided to (lie Cily slarting on April 1, 2021, to Are cl'lcctivc date provided below. City Council 30 — 8 4/6/2021 Pagc I of8 d. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work pertornred, subject to City accounting procedures. Payment need not be made Inr work which fails to meet the standaods of perlormance set forth in the Recitals and Scope of Work, whicli may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first titincn above and tcrnrinate on Mal"C}r 31, 2024, unless tenninated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant sliall, 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 unrsu-ucd to create an employe --employee relationship, a joint vcnttu-c relationship, or to allow the City to exercise diseretion or control over the professional mariner ill which Consultant performs the services which are the subject matter of This Agreement; however, the services to be provided by Consultant shall be provided in a manna' consistent with all applicable standards and regulations governing such services. Consuhanl shall pay all salaries and wages, employer'. social security taxes_ unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to Copy, use, modify, raise, or sublicense any and all copyrights, designs, and other irncllectual properly embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not linlited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by CunsLdtxnt under this Agreement ("Documents & Data"). Cunsultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Doc unents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk- 6. INSURANCE Prior to undertaking performance of work under this Agrcanent, Consultant shall maintain and shall require it,; subcontractors, if any, to oblain and nrainlain insurance as described below: I CUtmnCrelal General Liability [nsuranec. Crmittltan[ shall Maintain C0111MCI—Ci I general liability insurance naming the City, its officers, employees, agents, City Council 30 — 9 4/6/2021 Pagc 2 of 9 volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claim; arising h'om bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occunence arising out of C011SUILamL's operations in the perlbrinance of this Agrectucnt, including, without limitation, acts involving vehicles. The irnrounts 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 alrnxtnt of S 1,000,000 per occurrence, with $2,000,000 in the aggrngatC. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insurcd(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY: and (c) contain standard separation of insured.' provisions. b, business automobile liability insurance, or equivalent form, with it combined single limit of' not less than S1,000,000 per occurrence- Such insurance shall include coverage for owned, hired and non -owned itutomobilcs. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the perfotlnance of the work under this Agreement, Consultant agrees to obtain and maintain ally employer's liability insurance xvith limits not less than $1,000,000 par accident. d. if Consultant is or employs a licensee[ prol'essionxl such as an arelinCCL or Crtgincer: Protcssional liability (errors and omissions) insurance, with it combined single limit of not less than $1,000,000 per claim with y2,000,000 in the aggregate. C. The following requiremenLs apply Lo the insurancC 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. (it) Ccrtificatcs of insmancc shall be farnishcd to tttc City upon execution of this Agreement and shal I be approved by the City. (in) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or cham_cd in any outer material aspcet, by consultant, without thirty (30) days prior written notice to the City. (A Consultant shall supply City with a fully executed additional inswred endorsernent- t. It Consultant tails or rebuses to produce or Lnaintaiu the insurance required by this section or fails or rehtses to furnish the City -with required proof that insurance has heel) procured and is in force and paid fin-, the City ,hall have the right, at the City's election, to lirthwith terminate this Agrecnu-nt. Such termination shall not al7cet City Council 30 — 10 4/6/2021 Pagc 3 ot8 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- 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, cmpinyccs, Coll sullants, spccial counscl, and represcntaLives from liability: (1) for personal 1111Ury, damages, llist coIripensation, restil Litton, lUihelal Or CClUnable relief arising Out of elallns for personal injury, including death, and claims for property damage, which may arise trom the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) fi-om any claim that personal injury, damages, Just compensation, restitution, judicial or equitable relief is dtle b-y reason of the terms of or effects arising trom this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitrtion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the evenLs rcfcr-col to in this Section or by reason of the tcmis of, or effecLs, arising from this Agreement. The Consultant further agrees to indcnmify, hold harmless, and pay all costs for the defense of the City. including fees and costs for Special counscl to be selected by the City. regarding any action by a third parity challenging the validity of this Agrccmcnt, or asserting that Personal injury, damages, just compensation, restitution, judicial or equitable reliefdue 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. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 27H2.K, the above indenmily shall be limited, to the extent required by Civil Code Section 27818, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant- 8. INTELLECTUAL PROPERTY INDEMNIFICATION C,onsulianl shall defend, indernttify and hold harmless the City, its officers, agents, rcprcacntativcs, and cmpinyccs against any and all liability, including cosh, and anorncy's Iccs, for infringenem of any United States' letters patent, trademark, or copyright contained in the work produc( or documents provided by Consultant to the City pursuant to this AgreenrenL. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed Linder this Agreement- Consultant shall maintain complete and accurate records with respect to the cosh incurred Linder this Agreement and any services, expenditureS, and disbursements charged Lo the City for a tninimutn period of diree (3) years, or for any longer period required b-y law, tiuni the date of final payment to Consultant nuclei this Agreement. All such rewrds and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records anti any other documents created pLu-suauu Lo this Agrccmcnt durinu rcuularbusincsS hours- C.011SUILant shall allow inspcclirm ofall work, data, documents, proceedings, and activities related to this Agrccmcnt for a period of three. (3) years lion rite date of final payment to Consultant under this Agreement. City Council 30 — 11 4/6/2021 Pagc 4 of 9 10. CONFIDENTIALITY II Consultant receives from the Cily information which dice to the nature of such information is reasonably understood to be confidential and/orproprietary, C011Sullant agrees that it shall not List or disclose such information except in the perturmancc of this Agrceancnt, and fitrdier agrees to exercise the same de. -rev of cart it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic infomation. Confidential information includes not only written information, but also information namsfcn-cd orally, visually, ciccu-onically, or by otlicr means. Confidential information disclosed to tither party by any subsidiary and/or agent of the other party is covered by this Agreement. 'the foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consullaw disclosed in a publicly available Source; (c) is in righlful possession of the Consultant without all obligation ofconfidcntiality; (d) is required to be disclosed by operation ol'law; or (c) is independently developed by the Consultant without reference to inturmation disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this A greens en t. 12. NOTICE Any notice, tender, demand, delivery, or ollaer 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 tax or other telegraphic communication in the ntamter provided in this Section, to the following persons: To City: Clcrk ol'thc Citv Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Sox 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, C:alifbrnia 92702 City Council 30 — 12 4/6/2021 Pagc 5 of8 To Consultant: Townsend Public Affairs, Inc. Attn: Christopher Townsend, President 1401 Dove Street Suite 330 Newport Bcach, CA 92660 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. Tf sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, iltd-y registered or ecrtified, with postage prepaid, and addressed as set forth above. lfsent by tax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the n,ansnrission report issued by the transmitting facsimile machine, addressed as set lorth above. For purposes ol'calculaling these tintC liantcs, weekends, Icdcral, state, County or City holidays shall be Cxcludcd. 13. EXCLUSIVITY AND AMENDMENT This Agrccincnt rCprescnis the ContplctC and CxclusivC statcntcnt bCUKCell the City and Cottsullant regarding the subject platter herein, and sopCrsedes any and all other agreements, oral or wrinen, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the tarms of this Agrecnrart shall prevail. 'I his Agreement may not be modified except by written insu-ument signed by the City and by an authorized representative of ConsLdLmt- The parties agree that any terns or conditions of any purchase order or other insutuncnt that are inconsistent with, or in addition to, the tcrtns and conditions hereof, shall not bind of obligate Consultant or the City. Each party to this Agreement aclulowledges that no representations, inducements, promises oragreenrenls, orally orotherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Tnasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, u-atrster, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation of subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be consulted to limit the Cily's abilily to have any of the services which are the subject to ibis Agreement perRrnned by City personnel or by other consultants retained by City- 15. WAIVER No waiver of ])reach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or retfredy. No waiver of any breach, tailure or right, or remedy shall be deemed a waiver of any other breach, taihuC, fight or remedy, whether or not similar, nor shall any waiver constiutte a continuing waiver unless the writing so specifics. City Council 30 — 13 4/6/2021 Pagc 6 of 9 16. TERMINATION this Agreement may be tenrtinaled by the City upon thirty (30) days wtinen notice of Lermination- In such event, Consultam shall be entitled to receive and the City shall pay Consultant uampcosauon for all services pertirrmcel by Consultant prior to [-Cecil)[ of such notice of tcrtnination, subject to the following conditions: a. As a condition of such payment, the Fxecutive Director may require Consultant to deliver to the City all work product atrnplCtecl as of NUCII date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made lirr work which fails to meet the standard of performance specified in the Recitals of this Agreement. 1T NON-DISCRIMINATION Consultant shall not discriminate beeatt]C of race, color, creed, relation, scx, marital stains, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, Scloetion, training, utilization, promotion, tcrtnination or other employment related activities or in comtection Willi any aclivitiea under lhis Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable tcderal, slate and local laws and regulations. 18. JURISDICTION -VENUE This Aprccmcnt has been executed and delivered in the Stale of California and the validity, imerpretation, 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 patties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out nf, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the tern of lhis Agreement, maintain all necessary licenses, pertttits, approvals, Wa1Ve-s, and exemptions necessary for the provision of the sctviccs hereunder and required by the laws and rcbntlations of the United States, the State Of California, die City of Santa Ana and all Other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions- Said inability shall be Cause for termination of this Agreemrent- 211. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants thal its signature herein below has the power, authority and right to bind their respcetivC parties to each of the lams of this Agreement, and shall indemnify City fully, including reasonable costs and City Council 30 — 14 416/2021 Pagc 7 of 9 attorney's fees, for an-y 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 exhibils referenced herein and attached hereto shill be incorporated as il-fully set forth in the body of this Agreement. IN WITNFSS WHEREOF, the parties hereto have executed this Agreement the elate and year first above written. ATTLST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CAR VAI.I10 Cily Attorney In v/wB yI —11J� i John M. Funk St Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager TOWNSEND PUBLIC AFFAIRS Namc- Title - City Council 30 — 15 4/6/2021 Ngc 9 of 9 EXHIBIT A SCOPE OF SERVICES DESCRIPTION The City of Santa Ana is seeking statements of qualifications from a qualified firm to provide legislative advocacy services. The firm works under the policy direction of the Mayor and City Council and is administratively responsible to the City Manager. The principle responsibility of the firm will be to provide legislative advocacy services to augment the City's existing relationships with federal legislators and policy administrators. II. SCOPE OF SERVICES Work with the City Council, the City Manager, and other City staff to discuss goals, objectives, opportunities and priorities. 2. Advocate the City's position to members of the State Assembly, State Senate, State agencies, and other interested parties. Identify opportunities for elected officials and City officials to participate in the legislative process and make recommendations. Those opportunities include, but are not limited to, communication to legislators, providing testimony at legislative hearings, and communication with the Governor and the Governor's staff. 3. Support a positive relationship with the Governor's office, State Legislature, Governor's office, and other State agencies. Assist in establishing relations between councilmembers/City staff and legislative persons, including chairs and consultants of key committees and other important policyrnakers. 4. Provide sufficient support to lobby aggressively on any number of legislative priorities as determined by City. Support includes proactively searching for potential legislative mechanisms relating to those topics and affecting the outcome of those proposals. 5. At the request of the City, research, provide information, and prepare written reports on a variety of topics, including, but not limited to, the following. a. State laws/regulations or proposed legislation b. Legislative hearings, reports and testimony c. State funding opportunities d. Reporting and data that may impact City operations 6. Provide updates on state legislation that affects the City's legislative priorities, particularly those included in the City's Legislative Platform. Identify potential future legislative issues or opportunities that may interest the City, and help position the City to benefit from new laws/regulations/policies, programs, or funding opportunities. 7. Lobby for the City's position on legislation and regulatory matters of interest including attendance at key legislative hearings and expressing the City's position at these hearings. City Council 30 — 16 4/6/2021 RFQ No. 21-016 State Legislative Advocacy Services Page 15 of 29 8. When appropriate, coordinate and cooperate with other organizations, municipalities, companies and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City's interests. 9. Provide the City with copies of bills (introduced or amended) or proposals pertaining to issues of concern/interest to City, particularly those affecting or relating to City's Legislative Program. 10. Track said legislation and provide the City with advance notice of hearings or critical actions relating to those bills or issues. At the request of the City, prepare briefing materials such as memos summarizing legislation. 11. At the request of the City, assist with drafting position letters on legislation legislation or language for City policy resolutions. 12. Coordinate meetings with State Legislators and state agency leaders to provide the City the opportunity to meet with key decision -makers on pertinent City issues. 13. Provide regular updates on the political landscape in Sacramento to help provide context, and identify opportunities and potential issues. Provide monthly reports of activities pursued or accomplished on behalf of the City. 14. Arrange for an annual visit to the City of Santa Ana for a legislative committee meeting and/or to meet with the City Manager and/or designated City officials. 15. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. City Council 30 — 17 4/6/2021 RFQ No. 21-016 State Legislative Advocacy Services Page 16 of 29 Imo"I No i Statement of Qualifications for State Legislative Advocacy Services Tableof Contents............................................................................................................................ 2 1. Cover Letter.............................................................................................................................. 3 2. Agreement Statement............................................................................................................... 4 3. Firm and Team Experience...................................................................................................... 5 4. Cost Proposal.......................................................................................................................... 22 5- Certifications--------------------------------------------------------------------------------------------------------------------------- 23 6. References..............................................................................................................................28 7. City Information. Scope of Services....................................................................................... 30 8. Evidence of Financial Capacity.............................................................................................. 31 9. Insurance................................................................................................................................ 32 Cj "'Ma—temeriTof Qualifications for State Legislative Advocacy'°ervices I City of Santa A'na"--Nge 2 S February 22, 2021 Daniel A. Soto. Management Assistant City of Santa Ana — City Manager's Office 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Soto: Thank you for the opportunity for Townsend Public Affairs, Inc. ("TPA") to submit our statement of qualifications to provide State Legislative Advocacy Services to the City of Santa Ana ("City"). TPA has been proud and honored to serve as the state legislative advocate for the City over the past 22 years. During our tenure, TPA has demonstrated its focused and unwavering commitment to the legislative platform and funding priorities of the City, securing over $79.4 million in funding for the City, while serving as an extension of the City staff. Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve. personal attention, maximum accessibility, and passion for their mission. Our strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers. Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law, and secured over $1.8 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies. Thank you again for your interest in our firm and your consideration of this proposal. This statement of qualifications will be valid for ninety (90) days. Please contact us if you have any questions or need additional information. We would be honored to continue to serve the City of Santa Ana. Yours truly, 0(tvr� Christopher Townsend, President" `Principal who can make legally binding commitments for TPA 0I Cunt Council 30 — 20 416/2071 aternent of Qualifications for State Leqislative Advocacy Services City of Santa Ana aye 3 TPA accepts all provisions contained in the Standard Agreement included Exhibit B in the RFQ. CjCim Counr�il 30 — 2� 4/6/20�1 atemen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 4 ru IA. % ` " ;..% nj "h "j,: % % ::: "r 11, 4 ` ww% � ." :::" %" VI I It a aw:::: III _'tt F "Po rI wa R "z m 7W )',::."' % " I % . 'ry.w. " n7pn % W % P P". % % " MW A "tl ro "w % ',..)% ' ,: 1w,n )h Ir A..%.. a r' w .aw i TPA is a legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California. • Founder/Owner/President: Christopher Townsend Advocacy Success: Shepherded over 100 client -sponsored bills into law • Funding Success: Over $1.8 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies • Longevity: 23 years (founded in 1998) • Number of Employees. 15 • Number of Registered State Lobbyists and Grant Writers. 12 Number of Offices: Five o TPA State Capitol Office, Sacramento o TPA Federal Office, Washington, DC TPA Northern California Office, Oakland TPA Central California Office, Fresno n TPA Southern California Office, Newport Beach • Types of Clients: (> City and County Governments 0 Water and Sanitation Districts o Transportation Districts r. Community College and K-12 Districts Parks and Recreation Districts Museums, Science Centers, and Cultural Facilities • Ranking by Revenue Reported to the California Secretary of State: 7"' of 486 Firms Registered for 2019-20 Legislative Session 98"Percentile • Changes in Ownership. None C) Cim Counr�il 30 — 2?S 4/6/202-1 atemen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 5 FIRM AND TEAM EXPERIENCE U,A %"M .I r?I ,. "n,uw,j .tv a: p r t.m I a 'I 14.,4 Lead Project Manager, TPA State Capitol Director Casey Elliott, Contact Information: • Address: 925 L Street, Suite 1404, Sacramento, CA 95814 • Email Address: celliott@townsendpa.com • Phone Number (916) 447-4086 j rPo m , M m..j..... CLIENT SERVICE TEAM With a team of 12 legislative and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to rnaxirnize success for the City while minimizing the burden on City staff. TPA proposes a dedicated a team of four advocates to perform state legislative advocacy services for the City. 1. Christopher Townsend President Project Role: Senior Strategic Advisor 2. Casey Elliott State Capitol Director Project Role: Lead Project Manager and Legislative Advocate 3. Cori Takkinen Senior Director Project Role: Legislative Advocate 4. Nlccolo De Luca Senior Director Project Role: Legislative Advocate The TPA State Capitol Office is located across the street from the State Capitol building, which allows us to engage with key decision makers in a timely manner. The City may also access the TPA State Capitol office as a venue for advocacy meetings or a temporary work area when City staff visits Sacramento. Additionally, the TPA Southern California Office, located in Newport Beach, gives TPA the ability to meet in -person with City staff and departments with little notice. Resumes for each member of the client service team are included on the following pages. Cim Counr30 — 2 4/6l20�1 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 6 FIRM AND TEAM EXPERIENCE Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 235 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts, as well as nonprofit organizations. Townsend Public Affairs, Inc. President 1998-Present Christopher provides leadership to a team of 12 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include: Under Christopher's leadership, TPA has become one of the most successful advocacy firms in California (and is continually recognized as a "top ten" firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm. Under Christopher's leadership, TPA has shepherded over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including: President Bill Clinton, George W. Bush, Barack Obama, Donald Trump, and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom. Christopher and his team have secured over $1.8 billion in local, regional, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety. Christopher and TPA have participated in the development and implementation of several California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural resources, including Propositions 1, 1 B, 1C, 1 D, 1 E, 12, 13, 14, 40, 47, 50, 55, 68 and 84_ Most recently, Christopher worked closely with the State Legislature and the Governor's office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68. In 1999, Christopher was appointed by Assembly Speaker Antonio Villaraigosa to serve on the Speaker's Commission on State and Local Government Finance. In 1997, Christopher was appointed by Assembly Speaker Cruz Bustamante to serve on the California Film Commission. Cim Counr30 — 2 4/6l202,1 nen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 7 FIRM AND TEAM EXPERIENCE PepsiCo/Taco Bell Corp., Irvine, CA Senior Director, Government & Community Affairs 1992-1998 Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation. Stein -Brief Group, Inc., Dana Point, CA Vice President, Public Affairs 1982-1992 Christopher directed government, community, and media relations at the level, state, and federal levels, including the management of all political, civic, charitable, and cultural activities. Christopher provided land -use planning and entitlement process analysis far domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use. Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives. JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991 Claremont McKenna College, Claremont, CA Bachelor of Arts. Political Science, Magna cum Laude. Political Science Honors Prize 1982 Coro Fellow Southern California 1981 Harry S Truman Scholar California 1980 Cim Counr�il 30 — 2 4/6l20�1 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 8 FIRM AND TEAM EXPERIENCE Casey Elliott, State Capitol Director: Casey brings 20 years of legislative and public policy experience to TPA. Casey develops and implements legislative strategies for local public agency clients throughout California. Casey maintains relationships with key members and staff of the State Legislature, the Administration, and select state agencies. Casey has expertise in the policy sectors of municipal finance, budget, redevelopment, education, local governance, water resources, parks and recreation, and cultural resources. Townsend Public Affairs, Inc. State Capitol Director As State Capitol Director, Casey oversees a team California Secretary of State. Casey provides timely proposals introduced each legislative session for thei Casey's accomplishments include: 2006-13resent r of 12 TPA lobbyists registered with the expert analysis of legislative and budget potential effect on TPA clients. Some of Working with the City of Oakland and the City of Santa Ana, Casey helped advance legislation and state budget requests to secure funding for California's largest cities to help address issues surrounding homelessness. These efforts culminated in the creation of the Homeless Emergency Aid Program (HEAP). Approved as part of the 2018 state budget, HEAP provided a $500 million block grant program designed to provide direct assistance to cities and counties to address the homelessness crisis. HEAP contained a specific pot of funding for large cities, including a combined $12.3 million for Oakland and Santa Ana. Building on the success of the HEAP program, in 2019 the State Budget created the Homeless Housing, Assistance and Prevention (HHAP) Grant Program, a $650 million grant that provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges. The HHAP program maintained dedicated funding for California's largest cities, including a combined $28.1 million for the cities of Oakland and Santa Ana. Through his work with the Department of Finance, the Legislature, and the Office of the Governor, Casey has been able to lessen the impact of RDA dissolution on TPA clients. Specific outcomes include: having over $35 million in projects in Santa Ana, Lafayette, Brea, and Hayward recognized as enforceable obligations; facilitating accelerated transfer of former RDA assets in Buena Park to allow for new development, and the passage of legislation to allow expenditure of certain development agency bond proceeds. Casey worked closely with the City of Santa Ana to craft an advocacy strategy for the City to transfer customers from Diamond Park, and mutual water company servicing approximately 90 families with aging infrastructure and no access to safe drinking water, onto the City water system. Ultimately, TPA was able to secure a line -item in the FY11 State Budget to provide $7.5 million in Proposition 84 bond funds for public water agencies to take-over control of under -funded and under -performing mutual water companies located in the cities of Santa Ana and Maywood. Casey helped the Rancho Santiago Community College District and Coast Community College District secure over $68 million in funding through the State Budget for three CjCim Counr�il 30 — 2F� 4/6l20�1 aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 9 FIRM AND TEAM EXPERIENCE capital outlay facilities projects. Casey worked with the districts' legislative delegation, budget committee staff, and the Community College Chancellor's Office to advocate for the priority budget items, including having the projects recommended for funding by the Board of Governors of the California Community Colleges. The funding for these three projects will allow for the design and construction of three new buildings that will provide state of the art learning environments for community college students in Orange County. Casey worked closely with the City of Lafayette to establish a small business assistance program to help local businesses and non -profits lessen the economic impacts from the coronavirus. Casey was able to work with the City to promote the program, work directly with program participants to connect them with available state and federal resources, and work with businesses to secure funding. Ultimately, the small business assistance program worked with nearly 100 small businesses, which employed nearly 400 workers, and were able to secure over $1.5 million in direct funding for the businesses. Assemblyman Thomas Umberg Legislative Assistant 2006 Casey managed legislation for the Member, including education, workers' compensation, and school facilities measures. Casey staffed the Member on the Assembly Education committee. He also worked closely with legislative staff, committee consultants, state agencies, and interested parties on legislation. In addition, he advised the Member and Chief of Staff on pending legislation. Secretary of State Legislative Coordinator 2005-2006 Casey briefed the Secretary of State and senior staff members on legislation affecting the agency. Casey worked with Division Chiefs, senior staff members, and the Secretary of State to develop legislative positions for the agency. Casey also worked with Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. In addition, he researched and drafted legislative proposals for the agency. Secretary of State Legislative Analyst 2003-2005 Casey assisted in the research and development of legislation. In addition, Casey worked closely with the State Legislature, Governor's Office staff, committee consultants, Department of Finance, state agencies, and other interested parties on issues that affected the Secretary of State. Some of Casey's special projects included staffing various taskforces, assisting in the development of spending plans for legislatively mandated programs, and election -night support. Office of the Governor Senior Legislative Assistant 2000-2002 Casey chaptered all bills that the Governor signed and he processed all vetoed measures. Casey worked closely with the Secretary of State, Chief Clerk of the Assembly, and the Secretary of the Senate throughout the bill chaptering process. Casey also supervised a staff of 10 personnel during the creation and assembly of up to 1500 bill files presented to the Governor. University of California, Davis Bachelor of Arts, Political Science 2000 CjCim Counr�il 30 — 27S 4/6/2(P21 aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 10 FIRM AND TEAM EXPERIENCE Cori Takkinen, Senior Director: Cori brings 12 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of transportation, water resources, infrastructure, sanitation, local governance, parks and recreation, and economic development. Townsend Public Affairs, Inc. Senior Director 2011-Present Throughout her tenure at TPA, Cori has been responsible for scouring millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal and water infrastructure issues, Cori has a strong network of relationships with State Legislators, key staff, and various state agencies. Some of Cori's accomplishments include the following: • Cori worked with the City of Santa Ana to secure a direct funding allocation in the FY 2018- 19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City's legislative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City's water customers to have real- time access to their water usage, which will help facilitate water conservation and reduce customers' utility bills. • Cori worked with the Orange County Water District and the Orange County Sanitation District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bi-partisan support for the legislation and it was signed into law. • Cori leveraged her relationships with the Santa Ana Legislative Delegation as well as Assembly and Senate Budget Committees and Legislative Leadership to secure a $10 million State Budget Earmark in FY 2019 to build a parking structure to facilitate additional visitors as well as an expansion of the Discovery Cube Orange County in Santa Ana. • Cori worked closely with the State Legislature and Administration on the development and implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. Specifically, relevant to Santa Ana, Cori worked closely with the Discovery Cube Orange County to include language in Proposition 68 that created a grant funding program specifically for nonprofit museums in specific counties. Following passage of Proposition 68, Cori worked with Discovery Cube Orange County to submit a competitive grant application to the prograrn and was successful in securing $3.46 million to fund science education at the Discovery Cube Orange County. In the FY 2019-20 State Budget, Cori worked with 5 municipal clients and 1 nonprofit client to secure $20.2 million in budget earmarks for priority projects, including funding for a stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children's science education. Cim Counr�il 30 — 2 4/6l2�1 0 aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 11 FIRM AND TEAM EXPERIENCE Leveraging relationships with the State Legislature, Cori secured an earmark in the FY17- 18 State Budget in the amount of $20 million to form the North Orange County Public Safety Task Force. This Task Force will serve six TPA clients: the cities of Anaheim, Brea, Buena Park, Fullerton, Placentia, and Stanton. These cities will be able to facilitate regional collaborative efforts to combat hornelessness, youth violence, and other critical public safety issues in the region. • Cori has been actively engaged in State fire prevention legislation to reduce the risk of fires caused by above ground utilities as well as to provide opportunities for local jurisdictions located in high fire hazard severity zones to receive priority for fire mitigation measures. Cori worked with the City of Brea to secure over $10 million from local, state, and federal sources for the Tracks at Brea project. The project is a four -mile multi -use rail to trail project that will traverse the City. Funding sources include: the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transportation Commission, and the Southern California Association of Governments. County of Orange, Board of Supervisors Policy Advisor for Supervisor John Moorlach 2010 Cori served as a policy advisor for, then -County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups. Tom Campbell for US Senate Campaign Chapman University, Orange, CA Master of Public Administration 2010 2014 Claremont McKenna College, Claremont, CA Bachelor of Arts Economics and Government with Leadership Sequence 2011 Cim Counrfil 30 — 29S 4/6l21 rnen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 12 FIRM AND TEAM EXPERIENCE Niccolo De Luca, Senior Director: Niccolo brings 24 years of legislative and public policy experience to TPA. Niccolo has expertise in the policy sectors of local governance, parks and recreation, public safety, natural resources, cultural resources, cannabis, and consumer affairs. Townsend Public Affairs, Inc. Senior Director 2008-Present Throughout his tenure at TPA, Niccolo has been responsible for dozens of legislative proposals that have been signed into law and secured millions in competitive grant funds for local public agency clients. In addition to his public policy expertise, Niccolo has widespread bi-partisan relationships with Members and staff of the State Legislature, Governor Newsom Administration. and relevant agencies. Some of Niccolo's accomplishments include: Niccolo was a major part of the coalition to help pass the state's first ever medicinal cannabis regulatory framework legislation. A comprehensive, thorough approach to statewide medicinal cannabis guidelines has been needed for several years. Niccolo served as an instrumental member of the statewide coalition that supported the views of both local government and the industry. Niccolo actively drafted language and advocated with legislators and staff to ensure statewide regulations would be in the best interest of cities. Due to these efforts. Niccolo has been recognized as a policy expert on cannabis policy and has testified before numerous legislative committees on issues related to the statewide implementation of cannabis regulations. Niccolo led the TPA efforts to secure $33.1 million in critically needed park funding for cities and nonprofits in the Bay Area, Central Valley, and Southern California. These efforts included working on the funding guidelines, drafting the applications, lobbying for the applications, and working hand in hand with the funding agency. Niccolo was the team lead and instrumental in the many victories of our clients. • Niccolo, in recognizing the need for additional tools to protect public and private infrastructure from natural disasters such as earthquakes, championed legislation to allow cities to create a special assessment district to provide low-cost earthquake retrofit loans in areas with vulnerable housing stock. In addition, Niccolo worked with the City of Oakland and the City of Los Angeles to create the first ever state loan program for seismic retrofits of multi -unit buildings. Niccolo assisted the City of Oakland in securing $2.2 million in State Budget earmarks in FY14 and FY16. Niccolo coordinated with the Oakland Mayor, State Legislature, Governor's Office, and appropriate Administration officials to draft the language for inclusion into both budgets. Niccolo's strategy and execution led to two significant financial wins for the City and their various public safety efforts. • Niccolo worked closely with the City of Oakland to secure four grants in the combined amount of $18.9 million from the Community Oriented Policing Services (COPS) Hiring Program. Niccolo developed the applications and shepherded them through the grant process, including leveraging relationships with the US Department of Justice and COPS staff, which resulted in critical federal funding for the City to hire additional police officers. 0 Cim Counr�il 30 — 3(� 4/6l2�1 aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 13 FIRM AND TEAM EXPERIENCE Niccolo worked with the City of Emeryville to secure $600,000 in federal funding from the Pre -Disaster Mitigation Grant Program to finance the cost of seismic retrofitting of the City's one and only emergency community gathering and housing facility. Niccolo worked closely with the City and Congresswoman Barbara Lee on the application as well as development and execution of an advocacy strategy, including the defeat of a hostile amendment that would have taken the grant away from Emeryville and reverted the funds back to FEMA. City of Oakland Deputy City Administrator 2004-2007 Niccolo was responsible for the daily operations and decision making for the two largest departments (public works and police department), overseeing a combined annual budget of $323 million. Niccolo also directly supervised four different divisions with 45 employees. Niccolo provided direct organizational leadership to create a standard operating procedure for a multi -faceted crime reduction initiative, which was adopted by the City Council and resulted in crime reduction. Additionally, Niccolo expanded the number of organized neighborhood public safety gatherings for three consecutive years, with an average of nearly 100 percent annual increase. Furthermore, Niccolo served as lead administrative staff member for three City Council committee, providing expertise and support to the Mayor and City Council in the formulation, interpretation, and application of public policy. City of Oakland Assistant Director, Public Works Agency 2001-2004 Niccolo was responsible for three divisions of the public works department (including finance and human relations), five direct reports, and 40 staff members. Niccolo oversaw the financial operations of the entire public works department, including revenues and expenditures. Niccolo implemented procedures to reduce the number of worker's compensation claims subsequently adopted for the entire City. Niccolo also served as the spokesperson of the public works department and maintained all media relations. Niccolo built strong media relations and served as hearing officer for union grievances, ultimately helping to improve key relationships with affected unions. City of Oakland Assistant to Counci6nember Richard Spees 1998-2001 Niccolo served as lead spokesperson forthe Council Memberwithin the district. Niccolo improved the overall district -wide public approval rating of the Council Member through grass roots marketing campaigns and new information dissemination strategies. Additionally, Niccolo led constituent services for the district, ensuring proper and efficient service delivery for 58,000 residents. University of Oregon Bachelor of Arts, American History 1997 Cim Counr�il 30 — 3� 4/6l21 rnen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 14 FIRM AND TEAM EXPERIENCE TPA is one of the largest advocacy firms in California and is continually recognized as a "top ten" firm registered with the California Secretary of State. TPA has provided customized legislative and funding advocacy for 235 local public agencies throughout the State of California including the Big 11 cities of Santa Ana, Oakland, Fresno, Anaheim, and Bakersfield. TPA's proven methods providing legislative and funding advocacy have generated significant victories on behalf of our clients. Since 1998, TPA has worked with the Legislature and Executive branches to shepherd over 100 client -sponsored bills into law and secure over $1.8 billion in funding for our clients' priority projects. Our policy expertise includes, but not limited to water and sanitation, transportation, cultural and historical resources, housing, economic development, public safety, parks and recreation, and education. TPA was born in Santa Ana and has worked for over 20 years to be an effective legislative advocate, shepherding City sponsored bills into law and securing funding for legacy projects. TPA has been privileged to work not only with the City of Santa Ana, but with many of the public and non-profit institutions that deliver services to residents. In addition to the City, TPA has provided advocacy and/or grant funding services to: • Rancho Santiago Community College District • Orange County Water District • Discovery Cube Orange County • Santa Ana Unified School District • Orange County High School of the Arts • Orange County Educational Arts Academy • Bowers Museum • Latino Health Access Our work with these clients has resulted in hundreds of millions of dollars being delivered to the City of Santa Ana to create new facilities, expand existing operations, and deliver increased levels of service to the residents of Santa Ana and the surrounding region. Cim Counr�il 30 — 3?S 4/6/2�1 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 15 FIRM AND TEAM EXPERIENCE In additional to state legislative advocacy, TPA has also provided information and advocated on behalf of City funding applications at the state level, securing over $79.4 million: Project Grant: Delhi Community Center $2,200,000 Project Grant: Delhi Community Center $800.000 Proposition 84 Statewide Parks Program: Jerome Park Community Center $500,000 Madison Park Batting Cage $50.000 Vans for Underserved Kids $60.000 Santa Ana Zoo Commissary $40.000 El Salvador Community Center: Proposition 12 Murray -Haden Grant Program $681.000 Santiago Park: Proposition 12 Riparian and Rivenne Habitat Grant Program $150.000 Santiago Part(: Proposition 12 Urban Recreational and Cultural Centers Grant Program $742.500 Healthy Community Fund — Eddie West Field $900.000 Land and Water Conservation Fund: Prentice Park $75,000 Land and Water Conservation Fund: Santa Ana Zoo Exhibit Development Project Santa Ana Zoo Commissary: Anteaters Exhibit $150,000 $150,000 Bicycle Transportation Account Grant $1,000,000 Habitat Conservation Program: Santiago Nature Reserve $100.000 Habitat Conservation Fund: Centennial Park Waterfowl Sanctuary $62.500 Habitat Conscrvation Fund: Cicncga do las Ranas Habitat Rcstoration $60.000 Habitat Conservation Fund: McFadden Triangle Habitat Restoration $75.000 Recreational Trails Grant: Fairview Triangle Habitat Restoration $132.000 Recreational Trails Grant: Santa Ana Golden Loop Rehabilitation Project $253.440 California Gang Reduction, Intervention and Prevention Program $400,000 Proposition 84 Statewide Parks Program: Willard Intermediate Park $4,400,000 Department of Water Resources Grant: Infrastructure Improvements Related to Diamond Park Mutual Water Company $2,000,000 Proposition 84 Statewide Parks Program: Roosevelt Elementary Park Development $5,000,000 Redevelopment Agency Dissolution Enforceable Obligation $22.000.000 Active Transportation Program Grant: Civic Center Bike Boulevard $3,729.000 Active Transportation Program Grant: Edinger Protected Bike Lanes Project $2,366.000 Active Transportation Program Grant: Santa Ana and Fifth Protected Bike Lane $5,424,000 West Willits Street Protected Bike Lanes $2,970,000 Safe Routes to School Davis Elementary ADA Compliance $5,754,000 Youth Soccer and Recreation Development Grant $1,000,000 Advanced Water Metering Infrastructure $4,000,000 Homeless Emergency Aid Grant Program: Large Cities fund $3.690.885 Homeless Housing, Assistance and Prevention Grant Program: Large City Allocation •199 sillily - rO - r r - $8,579,777 a Cim COT it 30 — 3 4/6/2�21 e atemen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 16 FIRM AND TEAM EXPERIENCE TPA LEGISLATIVE ADVOCACY ACHIEVEMENTS Pcblic Facilit'. es and Finance Local Control and Finance Po:blie Employee Prcgramq (;,rnlr:uaii:d Ar:::u�e:rnaul Prcu y:v.v: lnfrastmcmrc Financing Opportuninics PEPRA Compliance Local Governance Public Employee Benefits .II -A Bd Mn TIM McCIICAI Eenef,Tr. We WlG Cannabis Dr,14to_'XUl:gRJ SLaln Glrin:lbri K((1ol:ll,drls Loral CauUol Transportation Local Streets and Roads n I ocal vcroc s��lrr,q� „Stoicrr,Jr1w„r: State Highway System state sion f Toll lg for /Tcll R y Projects Expmision of Toll Lanes/Teal Rdadq Drink'.. ng Water Public I Iealt•••.,i Regulations Water Quality Groundwater Pollution Lialb Ilty GI'OurldwAte, Management rlAns I lncct/Ind✓ceT Putdblq HCLSq Stat, Bond rundng for Warr Prot. cts Water and Sanitation Water Infrastructure Local Reliability Protects Water Conservation Programs "tnq�(4gnn:xlv M,11enKrn;r:n nim:nuv:d T, Sanitation Infrastructure Developing Funding for Affordable Housing Expanding Affordable Housing Elig'..lo lity Affordable Housing CapiTal lrveernlenT Incentive Prorlrgm Fxpanginn Housing and Economic Development Enierorse 2o,1& Pro rorrl Re•.Ikn*Iens Community Development Md Lary Base Reuse Land Planning AUency nissulu6ur, Press Redevelopment Developing Poet -RDA Funding Sources 51A1e LlAblll �.y reemm!.Inn .mint- 1se PrCl e(,M wiTh Sci1MA-. DisT, rrs Recreation and Natural Park Facilities Sut� uopd ending for Lcj aJ Pirrt Prui sU, (Proposivans 11. 68. and 84) Resources Greenhouse Gas Reduction TOD w,.isiny tu Suppon Cap and Trade Obbdives I ncreass Trans t AccessdTirty for Aciiv9 Ti ansponation Cultural and Historical Resources Cultural Facilities CA Ccltiral and Historical Endowment CA Nakao Education Fschues Procrsm Air Pollution KcduQ'An McLrlods Public Health Treatment of Viet Rcnia'ru it a Dcscassd Wie rnl Rs9CIUIf q Reduction Sex Tm Afficking Ccrra G„n Control Public SafetyCrime OffP.A^.i0r Lnf.A I•nit2 l'fP.':P.nC.P./CUI•S Local Law Enforcement Pol,co Dody Cmncas Radi wi Public: Gafcty Task Fumc Initl at'. vex Veieizans Resources Community Gollege Districts Allenlotive Fnergy Joo Trvo,nq ADA RMnnu K-12 5Ch001 Districts K-19 Safe,y Planning Program, Joint use Pra'..ccts with Civic Agencies Education Charter School Facilities Funding School Facilities Community College Facilities Finding K-1J $,Chool Di¢ti rf Fi(,ilitie` FCuI(.'.. nq Cim CQUI it 30 — 3 4/6l20 Cj aternen of Qualifications for State Legislative Advocacy ervlces I City of Santa Ana P28ge 17 FIRM AND TEAM EXPERIENCE This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs. These arnounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements. I ransportation Water and Sanitation $546.6 Million $117.8 Million $101.7 Million $7.7 Million $648.3 Million $125.5 Million Housing and Economic Development Public Safety Parks and Recreation $397.6 Million $59.9 Million $105.8 Million $5.0 Million $54.8 Million $6.2 Million $402.6 Million $114.7 Million $112.0 Million Cultural Resources Education TOTAL $112.6 Million $247.9 Million $1.588 Billion $7.0 Million $44.8 Million $227.2 Million $119.6 Million $292.7 Million $1.815 Billion Cim Counr�il 30 — 3 4/6l2�1 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana aye 18 FIRM AND TEAM EXPERIENCE 1 mm The following list includes the City's project manager, TPA State Capitol Director Casey Elliott, located in the TPA State Capitol Office in Sacramento, most significant engagements (all of which are public sector) of over the past five years: City of Santa Ana c TPA Project Manager: Casey Elliott c: Scone of Work: State Legislative Advocacy �> Date of Contract: 1999 to Present Contact Name and Title: Daniel Soto, Management Assistant Telephone Number: (714) 647-5234 City of Cupertino o TPA Proiect Manaoer: Casey Elliott o Scope of Work: State Legislative Advocacy Services Date of Contract 2019 to Present o Contact Name and Title: Deborah Feng, City Manager c Telephone Number: (408) 777-3212 City of Lafayette TPA Proicct Manager: Casey Elliott and Johannus Rcijnders Scope of Work: State Legislative Advocacy and Grant Writing c: Date of Contract: 2019 to Present Contact Name and Title: Niroop Sirvatsa, City Manager c: Telephone Number: (925) 299-3206 • City of Modesto 0 TPA Proiect Manager : Casey Elliott Scope of Work: State Legislative Advocacy Services o Date of Contract: 2020 to Present Contact Name and Title: Edgar Garcia, Management Analyst c Telephone Number: (209) 571-5101 City of Santa Clara TPA Proiect Manager: Casey Elliott and Laura Kroeger • Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2020 to Present (, Contact Name and Title: Deanna Santana, City Manager o Telephone Number: (408) 615-2210 Cim Counr�il 30 - 36 4/6l21 Cj aternen of Qualifications for State Legislative Advocacy Services I City of Santa Ana age 19 FIRM AND TEAM EXPERIENCE City of Temecula o TPA Protect Manager: Casey Elliott and Cori Takkinen c Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract 2019 to Present Contact Name and Title: Randi Johl, Legislative Director o Telephone Number: (951) 694-6421 City of Tracy o TPA Proiect Manaoer: Casey Elliott and Andres Ramirez c Scope of Work: State Legislative Advocacy o Date of Contract: 2019 to Present Contact Name and Title: Karin Schnaider, Director of Finance c: Telephone Number: (209) 831-6800 City of Walnut Creek TPA Project Manager: Casey Elliott and Andres Ramirez > Scope of Work: State Legislative Advocacy n Date of Contract: 2014 to Present Contact Name and Title: Carla Hansen, Deputy City Manager o Telephone Number: (925) 943-5899 Coast Community College District o TPA Proiect Manaoer: Casey Elliott and Laura Kroeger o Scope of Work: State and Federal Legislative Advocacy and Grant Writing Date of Contract: 2011 to Present c> Contact Name and Title: John Weispfenning, Chancellor Telephone Number: (714) 438-4600 • East Contra Costa Fire Protection District c; TPA Project Manager: Casey Elliott and Cori Takkinen 0 Scope of Work: State Legislative Advocacy and Grant Writing o Date of Contract: 2018 to Present o Contact Name and Title: Brian Helmick, Fire Chief Telephone Number: (925) 240-2130 Innovative Integrated Health, Inc. o TPA Project Manager: Casey Elliott and Sean McReynolds c Scope of Work: State Legislative Advocacy c Date of Contract: 2020 to Present c Contact Name and Title: Phil Tsunoda, Executive Director, Public Policy & Public Affairs Telephone Number: (714) 981-7596 Cim Counr�il 30 - 37S 4/6l2�1 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 20 FIRM AND TEAM EXPERIENCE Port of Hueneme o TPA Project Manager: Casey Elliott c Scope of Work: State Legislative Advocacy o Date of Contract 2015 to Present Contact Name and Title: Kristen Dccas, CEO and Port Director o Telephone Number: (805) 488-3677 Rancho Santiago Community College District o TPA Proiect Manaoer: Casey Elliott and Laura Kroeger c Scope of Work: State and Federal Legislative Advocacy o Date of Contract: 2010 to Present Contact Name and Title: Marvin Martinez, Chancellor c: Telephone Number: (714) 480-7450 Cim Counr30 — 3 4/6l21 Cj aternen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 21 CONTRACT YEAR 7cc)nlracl ® r MONTHLY FEE` NOT -TO -EXCEED ANNUAL FEE Year 1 $5,000 $60,000 Contract Year 2 $5,000 $60,000 Contract Year 3 $5,500 $66,000 Optional Contract Extension: Year 4 $5,500 $66,000 Optional Contract Extension: Ycar 5 $6,000 $72,000 Optional Contract Extension: Year 6 $6,000 $72,000 'The monthly fee includes all anlicipaled hours, hourly rates, and all reasonable business and travel expenses. At the request of the City, TPA will provide a detailed hourly rate schedule. Cim Counr�il 30 — 39� 4/6/21 Cj atemen of Qualifications for State Legislative Advocacy ervices I City of Santa Ana age 22 CITY OF SANI A ANA ATTACHMENT B RESPONOEN I'S STATEMENT Respondent understands and agrees that this written RFC] (or any part thereof speclficaly designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the on6re �agreenrent between Respondent and the City only after 0 hn9 boon accepted by tho City Council, endorgrid by the Cleck of the Council with her signature and official seal noting hereonthe 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 101411 of this doCurriOnt, and its exoouhon, and when It or an exact copy of it has been either delivered to Respondent or deposited with the United States Postal Service properly addressud to the Respondent with the correct postage affixed thereto. Respondent further agrees that upon delivery (as dettnod above) of the aaf�pted agreement he/she will furnish City all required bonds and rertiticato of liability insurance within teen (10) days (excluding Saturdays, Sundays and Ciy's legat holidays), or the funds, check, draft, or Respondent's bond substituted in lieu thereof accompanyarud this statement of qualificaitOnsshall become the property of the City and shall be considered as paymont of damages duo to the delay and other causes suffterod by City because or the failuro to furnish The necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is ditficult. to ascertain, otherwise said funds, check drafts, or Respondent's bond substituted in lieu thrdreof shalt be retui riod to the undersigned. Respondent understands that a statement of qualificalions.is required for the entire work, that the astornated quantities set forth in the RF4 schedule are solely for the purpose of corriparing statement of qualifications. and that final compensa€ion under the contract will be based upon the actual quantities of work satisfactorily completed, All terms contained h the specfications, the certification of nondiscrimination by contractors, and the required insurance certlflratos are to be incorporated by ieferenco into Ehis agreement and are made specifically as part of this RFC. Signed and Printed Name: 'I"lde Prosident Date 2-1 l�5 / Z� L.l, THIS FORM MUST STATEMENT OF RFQ No. 21-016 Christopher Townsend AND INCLUDED WITH rH t THAT DO NOT CONTAIN NONRESPONSIVE. State Legisinfivo Advax:.acy Serviats Page 25 of 28 ICU Counr�il 30 — 4(4/6/2 1 Cj atemen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana age 23 CERTIFICATIONS CITY OF :MANTA AN'A ATTACHMENT C NON -COLLUSION AFFIDAVIT _..................---- ----- --- ...... (Title 23 United States Code Suction 112 and Public Contract Code) Section 'T 106) To the CITY OF S'AN I A ANA In accordance with 'Title 23 United States Code Section 112, and Public Contract Code 7106 the Respondent dccfares that the statornent of qualrticationsis not rnade in the interasl of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the statement of qualdicationsm gr:nuine antl riot collusive of sf�arn; heat the Respondent has not directly or indirectly induced or solicited any other Respondent to put in a fnl¢r nr sham ctatnmpnf of climlifir-,alion„ and has not directly or indirectly coeiuded, conspired, connived or agreed with any Respondent or anyone else to put in a sham statement of qualification, of that anyone shall refrain troor bidding; that the Respondent has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the statement of quald caaonspnc_, of the Respondent or any Respondent, or to fix any overheard, profit, or cost element of the statement of quahhcallunsplrcoor of that of any other Respondent., or to secure any advantage against the public body awarding the contract of anyone; interested in the proposed contract, that all siafenienls cuotaned in tilt state nett[ of qualificationsale true'. and, furthctr, that the Ropuridfint has not directly or indirectly, tiubrnitted his or hot statc:maxd of qualificationspuce or any breakdown thereof, or the contents thereof, or divulged information or data 'Mative thBreln. or pAi[l;end will n;)t pay, any fee to any corpol'OtIBn, partnership, company association, organization, bid depository. or to any member os agent thereof to effectuate a collusive or Shane statement of qualification_ Note: Tho above noncolltlsion affidavit is part of the statement of qualification. Signing this slatemerrt of quaUtcationson the signature portion thereof shalt also constitute signature of this noncollusion affidavit. Respondents are cautioned that making a false certification may subject the certifier to criminal prosecution. j✓� .® I �1_0 7 r Sty ofV Stito Of California, Cc , % CIC Subscribed and sworn to (or affirmed) before me on this f Cl day 2 by provod W me on the basis of satisfactory ovWunce to be peason(s) who appeared before me- 10SI, COWLIN Gcmik v2272888 f;i_z�nTr NOIARYO I CCAI IF(41111 _NGe COUNrx . ^@pee plfOYlY16N M. Z_021 N I;r u'61uc Slgrrature Notary Public Seal rHIS FORM MUST BE COM,Qi,k�.T�g AND ({1,Ofr_,�itpF.p�ijfJTH THE STATEMEJ-IfJ�F �UALIFICATIONyR. STATEMENT OF OUALCFICATIONS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.. izFG No 21-016 Svito LogPx4 tiveT Advocacy Sorvices Pago 26 of 29 CjCim COT it 30 — 4� 4/6l20 aternen of Qualifications for State Legislative Advocacy ervlces I City of Santa Ana P28ge 24 CERTIFICATIONS CITY OF SANTA ANA ..-.. ... ATTACHMENT D NON-LOBB'(ING CERTIFICATION The prospective participant oendies, by signing and submitting this bid or statement of qualification, to the best of his or tier knowledge and ballet, that: (f) No I-ederal approprated tunds have been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or attempting Io influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Gongre33 in connection smith tho awriWing 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, renowal, aneondment, or modification of any Federal contract, grant, loan, or cnopnrativn agreement (2) If any fiends other than Federal appropriated funds have been paid or will be paid to any porson for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an ottacer or employee of Congress, or an employee of a Member of Congress in connection Willi this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and Submit Standard form LLL, "Disclose.rre of Lobbying Activities," in conformance with its instructions_ This certification is a material rapresenTAtMr1 of fact upon which refianee was placed when this transaction was made or entered into Submission of This certification is a prererynisBe for making or entermp Mtn this transaction imposed by Section 1352, "l'itle 31. U_S- Code- Any person who fails to file the required certification shall be subject 10 a civil penalty of not less than $10,000 and not more Phan $100,000 for each Such failure. this Prospective pa't,lpant also agrees by subrtting his or her bid or statement of qualifications that he � t or she shall requi he lanquage of this certification be included in all lower tier subcontracts, which oxoced $100 00 a of auch a ,LALipiaata x all r.artify and diaclosta accordingly. Signed -6 itle: I'resident Firm: Townsend Public Affairs. Inc. Date: THIS FORM Mu$l STATEMENT OF RFQ No 21-016 State I egfslative Advocacy Services Page 27 of 29 Cim COUI it 30 — 4?S 4/6l20 Cj aternen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana P28ge 25 CERTIFICATIONS DCITY OF S ANlgA ANA ....... .. ----------------- Al GACHMENT E. NON-DISCRIMINATION CERIC IF"ICATION The undEa3igned cons.rtQant er f..ol'po6:afe ortleer, dUl1I)q the p5erforiiiaiice of tha>5 aorrt,ract cartifaes as fcdlDws ..rho Consultant shall not discruetinale atla;rtst any rmptloyee or nppf,cant for canploylnonit because of race, co,or religion, sex, or national origin_ The Consultant shall lake affirmative aul,orr to ensure that applicantsare etnployeo, a.no that omployc o.s aretreateo during employment wltnota, regard to their race, color, reliopon, sex, or national ongsn_ .Such .action shall include, but not be. Inxntted to the foliowmig: errlploynaWnt. Upgrading. dernotion, or trarnsfer, recruitment or recruihrne"I advertising; layoff or lerviinaflon; rates of pay or othor terns of compensatnon;: and selection for training, including apprenticeship. 'f he Consultant agrees to post in CorlspiCuous pia.ces, available to employees and .applicarntsfor employmerrt, ndhces to be pr ov dad sestnng fnrtfo dns: prlwisie)ns. of thps irootadlrcriiatinat6oil clause. 2_ The COnSI-11 l' shrill, in all :,ndtoitatinns or advertisements for enlpiovees plmced by or On behalf of the, ConSUltallt, state that all qualified applicants will receive oonsndfratnn for empfoynrie.nt without regard to ,ace, color, religion sex, or nauona, ongn_ 3 The CDnsultaM shall send to each Labor union or iepteserrtative of wdrkens wrcth which he/she has a collective batyaimng agreement or other contract of understanding, a nodoe to be prowdea advising vhc« savA labor union or workersreprsentatives of the Consu It a nt'% comeniti Pie nts urkder thus r,oD flgn, and shall post copies of the nonce In conspicamAs p€aro.s avafrable to employees and applicants for ornployrnen;t. 4_ The Consultant shall comply with all provisions. of Executive Of 11246 of 3epteiiiber 24, 1965, and of the rules, regulatons autd relevantorders of the Secretary of Labor. 5. Inc LDnS.tdtannt slla€I furnish all info,rnnation and reports rogijared by I,xe*c,afivs CirrU,( 1124f% of September 24, 1965, and by rules. regulations, and riders of the Secretary of Labor., or PWSI-rant' thereto and wll perwet access to hlrJhnc bno,,5 m_^covda.. and accota-its by the adinm.stenng agency and the Seore>tany of Labor for purposes of anvestlgation. to ascertain cornphance wlm such irides, regulations.. and orators. 6_ In the ovrint of the Consultaral s non-comphance with the nondiscrurninat:iof) clauses of lhIS contrart or wnh any of the said rules, f0gi.1l, lions or orders the contract may be canceled, terminated, ui 51-]Sperldnd In wholo or In part and the. Consultant may be declared inehglble foi further Uovaefnrrnom contracts or federalry assisted construction contracts in accordance with prowl- Uros authonzod in Execution Order 11246 of 4epherrnber 24, 1965 arnrl s.trch nthw sanr:nnrrs may he impiny.d grid rernerlies invoKec as pirovicied un Executive Qroer 112,46 of September 24, 1965. of by rule. req U'alions, or order of oho Socre.tary of _abor, or as otherwise provided by law_ F2'FQ No 21-016 Stale LegislaGvo Advocacy Soavicos Pago 28 of 29 Cie CQUI it 30 — 4 4/6l20 Cj atelnen of Qualifications for State Legislative Advocacy ervlces I City of Santa Ana P28ge 26 CERTIFICATIONS e o~ ITYOF SANTA AAA i.. Tine Consultant shall in C[LJde the portmra of tho widener. immocimto.y proced.ing paragraph (1) and III pIuv.bruius a,,f p.niaga:a, Oil i (1) IIII ouyll ('r) ilk every subcuntrrat: l or purthase urger unless ewerniomd by rules. n^:gulatinns- or orders of Rtae Seure[aoy of Lahor Issaxerf punsrrarr[ to Saaa:hovn 204 of I xpnotive Orden i1'246 (if Septernlxar 24, 1%5. so that such prov sdons will be 13Wding upon each SLIbcontract 4r purchase order as the adomrrsterinq agency an 63y dirfw.t w, niii of orktorc,nq such provisions. cnciIddingl sanctiuns for noricomipllance, provided, however, that in the. event the Coansr_dtant beeomes- molvera n1 or is threatened wltt➢, litigation with a subconsultant or vendor as a result of suo05 direction by tie aninninislfering agency. the Coarsullant may request that throe United Stake., enter Into such litigation to protect tine interests of the Urm d States. 8 Pursuant to California UiDor Cade Section 1735, as added by Cnapter 643 smis 1939and as 80tentle,d, no dl3erhn»r5.tifioin shill bm rmsdo n thn OMP10y1110nd of prrsorrs upon public worixs beCauSe of racL, r�eligdous creedcolor, national origin, ancestry, physical handicaps. mental conchtion, marital' status or sa;x of s. eh pamone, excepl as provinllod ul Soution 1,120 ano miy c:one,.i,iltairo4 of pubes¢ workF, ulolsfif ( Sef-Mon subfcci to It the pcnaltres iinnposcd for a vio an of illc Chaptr_i SignerB -.. Title_ IIf esoen2 Firms G®wnsend Humc.Attairs, Inc Date 'L.I \5? , � ?�">2- THIS. FORM MIST BE C.PM:P.L.,.9 f�D AND yNCI,VPF;P SMITH THF. STATEMENT OF OUALIFYCAT1+ W STATEMENT OF QUALIFICATIONS 'THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON:RESP{ NSIVE- RFQ No 21-016 Stara Logisdatrve Advocacy Services Pafye 29 of 29 CjCiro COT it 30 — 4 4/6l20 aternen of Qualifications for State Legislative Advocacy ervlces I City of Santa Ana P28ge 27 ATTAC HIMENT A REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, ecl,uipmnent or services included in the scope of the statement of qualifications specifications Attach additional pages if required The City reserves the right to contact each of the references listed for additional information regarding your frm's qualifications Customer Name : City of Oaklana Address._ t Frank H Ogawa Plaza 3rd Floor CA 94612 Contact Ind'.iv da.ai. Ed Reiskirn. City Administrator Phone Number (5tl0)238-3301 Facsimile Number (510) 238-2223 Contract Amount_ 312 S(Om per month Year 2006 to Present ®escr ption of supplies, equipment, or services provided TPA prwdes state aril federal legws.lative advocacy services to the C,ty of Oakland_ Reference Custoaner Name:: C.ityoff Anaheim Address.. 200 S_ Anaheun Bivd'... Suite 733 Anaheim, C:A. 92805 Contact Indiv duau Jinn Vanderpool, C ity Manager Phone Narnber: f714� 936-0972. Facsimile Number_ None Contract. Amount $5.€700 oer month Year. 2015 to PreseI Caescr.ption of supplies, equipment., or services. provided: TPA provides slate legislavve and fundnng advocacy to the City of Anaheim_ Reference Cusfomaer Nanne= City of Modesto Address: 1M l0th Saaeel Contact Individual Edgar Garcia Malrnoiement Anafyst Phone Number +.20'9) 571-5101 fMlodesto. CA 953f4 Facsimile Number None. Contract Amount_ $5,000 per imonln Year 2020 to Present Description of s�pplhes equipment, or services prom ded: TPA provides state legislative advocacy services to the City of Modesto. Cimr Counr�il 30 — 4 4/6/21 Cj atemen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana aye 28 Refe re n ce Cusiormer Name Rancho Santiago Community Contact Individual, Chancellor Marvin Marmrnez Coflerj,e 1s nc Address 2323N Broadway Phone Number. {714}480-7450 Santa Ana, GA 92700 Facsimile Number. Q714) 796-3915 ContracT Amount $6 500 per niontri Year 2010 to Present Desanption of suppfes, equipmemvt, or services provoed: TPA provides state amid federal legtslAive advocacy services to Rattcno Sanuago Community College Dstrict_ Reference Ctlslorner Nance Discovery Cube Oraange County Contact Indiviaival ce Adams, Chief Executive Officer Address2,500 N MIaln Staeel Phone Number: (�Orj) 5210-122 Santa Ana CA 9270E Facsimile Numnber: None. Cxinetracl. Amount S5,000 per month. Year 1998 m Present Description of supplies, equipment, or services prmvldedl TPA provides state and federal Iegisdative and funding advocacy to the Discoveryy Cube Orange County. TEAS FORMMUST BE COMPLETED AND INCLUDED WITH THE STATEMENT OF QUALIFICATIONS.. STATEMENT OF GUALIFICATIONS THAT DO NOT CONTAIN THIS FORM WILL 2E CONSIDERED NONRESPONSIVE. Cim CQUI it 30 - 4F� 4/6l21 Cj atelnen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana age 29 TPA has NOT and will NOT disclose the information provided by the City for the purpose of conducting the scope of services to any third party without the City's written permission. Cim Counr�il 30 — 47S 4/6/21 Cj atemen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana age 30 If requested. TPA will provide its most recent audited financial statement evidencing the firm's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. Cim Counr�il 30 — 4 4/6/21 Cj atemen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana age 31 If selected, TPA will provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after the receipt of Notice of Intent to Award. TPA will maintain the insurance coverage required by the City for the duration of the contract. Cim Counr�il 30 — 4 4/6/21 Cj atemen of Qualifications for State Legislative Advocacy Li -vices I City of Santa Ana age 32 FIRST AMENDMENT" 1'O PROFESSIONAL SERVICES AGREEMEN'1 TO PROVIDE FEDFRAL GOVERNMENT LIAISON SERVICES WITH IIOLLANU & KNIGI[T LLP THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 6. 2021, by and bctween Holland Sc Knight, LLP, a limited liability partnership ("Consultant"), and the City of Santa Ana, a charter city and Municipal corporation organized and eX1SLing Linder the C OUSb1L111on and Taws of the Stalc of california ("City")_ RECITALS A. The parties entered into Agreement No. A-2018-080, dated April 1, 2018, by which Consultant agreed to provide services tot -tie securing of federal tunding said achieving deLermined legislative and regulatory ouLtxnmes on behalf of the City ('Agreement")_ B. The Parties exercised their option to extend the Agreement which is cull-ent and in effect through March 31, 2022. C. The parties now wish to inclense the overall amount of compensation under the Agreement in consideration of the extendod tam. NOW T11 EREFORE, in consideration of the mutual and respective promises, and Subject to the tenns and conditions of said Agreement, except as herein modified, the parties agree as follows. Section 2.a_, Compensation, is amended to increase the overall compensation at an amount not to exceed S9,800 per month during the extended term, for a total of bl 17,600 for the one-year extension. The total amount to be expended during the term of the Agreement shall not exceed 5470,400. 2. EXccpt as modified by this First Amendment,m all terms and conditions of the Agrwxncnt shall remain in lull force and clTcct. IN WITNESS WHEREOF, dic parties hereto have executed this First Amendmetr. to rite Agrccrncnt on dtc datc and year first written above. CITY OF SANTA ANA Kristine Ridge City Manager Clerk ofthe Council APPROVED AS TO FORM Sonia R. Carvalho City Attorn�y 13y_ %� t Ryan (0. Hodgc Assistant 0ty Attorney ATTEST Daisy Gomez CONSULTANT By: Leslic Pollne Titles Senior Policy Advisor City Council ' "' '30 - 50 4/6/2021 City Manager Office https://www.santa-ana.org/cm Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Resolution Condemning Racism Xenopobia and Hate against Asian Americans AGENDA TITLE: Adopt Resolution Condemning Racism Xenophobia and Hate against Asian Americans RECOMMENDED ACTION Adopt a resolution condemning racism, xenophobia, and hate against Asian Americans. DISCUSSION The City of Santa Ana is committed to diversity and inclusion, and advancing social justice and inclusion for people of all races, ethnicities, and national origins. Since the outbreak of the COVID-19 pandemic in March 2020, racist and xenophobic rhetoric related to the geographic origins of COVID-19 has resulted in a rise in reported hate crimes against Asian American and Pacific Islanders (AAPI) individuals, communities, and businesses throughout the United States. From March 19, 2020 through February 28, 2021, Stop AAPI Hate, a national coalition aimed at addressing anti- APPI discrimination amid the COVID-19 pandemic, received reports of over 3,795 hate incidents in the United States against AAPIs related to the COVID-19 pandemic. Hate incidents against the APPI community is not new in the United States, and the City of Santa Ana acknowledges how racism and discrimination has adversely impacted Asian Americans and Pacific Islanders. The City of Santa Ana is home to an estimated 332,318 residents, of which Asian American and Pacific Islanders comprise 12.1 percent —or approximately 40,210 residents. The attached resolution declares the City of Santa Ana's commitment to its residents by unequivocally stating that it will condemn racism, xenophobia, and hate against Asian Americans and Pacific Islanders. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT City Council 31 — 1 4/6/2021 Resolution Condemning Racism Xenopobia and Hate Against AAPI Residents April 6, 2021 Page 2 There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution Submitted By: Kristine Ridge, City Manager Approved By. Kristine Ridge, City Manager City Council 31 — 2 4/6/2021 :7 4901 all 11•3 i, i1I1Yli a a as A RESOLUTION OF THE SANTA ANA CITY COUNCIL CONDEMNING RACISM, XENOPHOBIA, AND HATE AGAINST ASIAN AMERICANS WHEREAS, the City of Santa Ana is committed to diversity, equity, inclusion, and advancing social justice for people of all races, ethnicities, and national origins; and WHEREAS, the City of Santa Ana is home to an estimated 332,318 residents, of which 12.1 percent —or approximately 40,210 residents —are of Asian or Pacific Islander descent; and WHEREAS, the first Asians arrived in what is now the continental United States in the 1500s but are still perceived as "perpetual foreigners'; and WHEREAS, no city, including the City of Santa Ana, has escaped the history of hateful actions against Asians; and WHEREAS, Orange County's first Chinatown, located in the heart of Santa Ana, was burned to the ground due to racist and xenophobic falsehoods spread about its Asian residents; and WHEREAS, the United States has a long history of anti -Asian violence and discrimination, including the Page Act of 1875 which prohibited Chinese women from entering the United States, the Chinese Exclusion Act of 1882 which prohibited any Chinese laborer from immigrating to the United States, the internment of Japanese Americans during World War II as authorized by former President Franklin D. Roosevelt through Executive Order 9066 in 1942, and murders of Asian Americans such a$ Vincent Chin, and WHEREAS, since the outbreak of the COVID-19 pandemic in March 2020, racist and xenophobic rhetoric such as "kung flu" and "China virus" was proliferated by former President Trump, which contributed to an unprecedented and alarming rise in reported hate crimes against individuals, communities, and businesses perceived to be Asian throughout the United States; and WHEREAS, from March 19, 2020 through February 28, 2021, Stop AAPI Hate, a national coalition aimed at addressing anti -Asian discrimination amid the COVID-19 pandemic, received reports of over 3,795 hate incidents in the United States against those believed to be Asian; and WHEREAS, throughout American history, Asian women have been fetishi7ed, sexualized, and objectified; and WHEREAS, on March 16, 2021, a white man targeted three Asian American -owned businesses in Georgia and murdered eight people, six of whom were Asian women who he fetishized, sexualized, and objectified in order to eliminate his "temptations'; and RCG0lL1 � b f 31 - 3 4/6/2021 Page 1 0 WHEREAS, throughout American history, Asian Americans have been stereotyped as the "model minority," a myth used to pit communities of color against one another; and WHEREAS, the City of Santa Ana acknowledges how racism and discrimination have adversely impacted Asians in America for many generations and continue to do so to this day; and WHEREAS, the City of Santa Ana welcomes, honors, and respects the contributions of all its residents and acknowledges and embraces their differences; and WHEREAS, the City of Santa Ana thrives on the diversity of its residents, including its residents of Asian descent, and WHEREAS, the City of Santa Ana desires to demonstrate its commitment to its residents by unequivocally stating that it will condemn racism, xenophobia, and hate against Asians and Pacific Islanders in America. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The City Council of the City of Santa Ana hereby condemns racism, xenophobia, and hate against Asians in America; and Section 2. The City of Santa Ana stands in solidarity with our Asian community in its fight against hate; and Section 3. The City of Santa Ana will work to ensure that all members of our Asian community are treated with dignity and respect. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of April, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Resolution No. 2021-XXX City Council 31 — 4 4/6/2 051g, 2 of 2 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Council members NOT PRESENT- Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2021 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2021. Date: Clerk of the Council City of Santa Ana City Council 31 — 5 4/6/2021 Housing Authority https://www.santa-ana.org/cd Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 6, 2021 TOPIC: Housing Authority Annual Plan AGENDA TITLE: Public Hearing - Approve the Housing Authority Annual Plan RECOMMENDED ACTION 1. Conduct a public hearing in consideration of the approval and submission of the Housing Authority Annual Plan to the United States Department of Housing and Urban Development. 2. Adopt a resolution approving the Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the United States Department of Housing and Urban Development. DISCUSSION The United States Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an Annual Plan for the management and operation of the program. The general purpose of the Annual Plan is to advise HUD, program participants, applicants, and members of the public on the Housing Authority's policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the Annual Plan (Exhibit 1) provides information on the following topics. (1) new activities to be undertaken by the Housing Authority in the next year; (2) findings from the most recent Fiscal Year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the Five -Year Plan for FY 2020-2025. This Annual Plan is for the second year of the Five Year Plan for FY 2020-2025. As required by HUD, three ad hoc Resident Advisory Board meetings were held on March 12, 2021 with seven HCV participants who receive housing assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish. and Vietnamese. All active participants were mailed an invitation to participate on the Resident Advisory Board and the Board provided input for the development of the Annual Plan. The comments from the Resident Advisory Board were incorporated into the City Council 2-1 4/6/2021 Public Hearing - Housing Authority Annual Plan April 6, 2021 Page 2 Annual Plan. The Santa Ana Housing Authority (SAHA) also conducted a survey of all HCV participants. The survey was mailed to all active HCV participants to complete. Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by doing the following: (1) considering the feasibility of each recommendation; (2) discussing as a team the opportunity for the SAHA to implement each recommendation; and (3) making a determination on which recommendations) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the Annual Plan. On February 20, 2021, a legal notice was published in the Orange County Register, La Opinion and Nguoi Viet newspapers advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 6, 2021. The Annual Plan was also made available on the Housing Authority's website and in the Housing Authority lobby. HUD federal regulations requires a 45-day public comment period and the public comment period ends on April 6, 2021. All public comments received will be included in the Annual Plan submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. 1. Housing Authority Annual Plan 2. Resolution Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 2-2 4/6/2021 EXHIBIT 1 Streamlined Annual U.S. Department of IIousing and Urban Development OMB No. 2577-11226 Office of Public and Indian IIousing Expires 02/29/2016 PHA Plan (HCV Only PHAS) I'm rpusc. Tbc 5-Year cunt An anal VT If% Mans pmu idc a mach Cool cC All inICICMCll panic, to locate bwic PIIA poiILICN, Itch and l equiren terns cuIlk tit ifI the PHA'.s iglClgrionI, prof_r,3rn', and SCIYIeL<, ind inipnni HUD, ivnili0S Hewed by Thg PHA, ;mt1 nlfnlher5 ofrhC PUhIic of t1w PHA's miiiion, c(1315 and objecti Vei for serving the necJs of loo- income, <ep low- inconic, and eummc.% low- Ineoluc fanlibcN Applicability_ Fnlm HLiD-50075-HCV I%to be cnmplctal amumlly h-V IICM-011ly PIIA&. PI IA; LhaL llleet the definition of a Standafd NI IA, 'I roubled PIIA. I Iigh Pcrlimnci PI IA, Small PIIA, Of Qualilicd PI IA du not need hl aubmil this Rnul. Where apHlicablc, Neparate Annual PIIA Plat, limns ale aVallable lia web of dicse t}pcs ,[ PI IA,. Defioiliuns. (I) High-Per(m•rner PHA A PHA Than own o nlanaly 1 1)"', nlan 550 comhi nnl pubha housing unlrr Mild hrlll Iog chnlec V011011,t`,, Mild w:lv cal llI:ITCI av a 111gb ICIlot Inc1 on Ilolll of Ibc mess reccnl PtlbhC IToa.lne A.scsslncnt Scslem (I'IIAS) and Sceion Light Maual,Cment .Avcsalnem T'nlgralu (3LM: V9 .Isscc;mcnt f:eiminls nnl bosh pmgrmis, or PHAS Ronly admin smrin.•publia hnuui,w (�) 9nallPHA- A PHAthat is notdcsiimitcrl o< PHAS o1 SFMAP nnufdcd, 01 Mr ni kofhehlp, rlsfn.vei esdoubled,Tharmvn.ofnl.annr+cs La'srh3n'511 public huuaing uniL. dnd anv TItI111hur of Voachcn MI rc nIc lo,..ul c(nnbill It unit cnccc.tN 55(1. (3) Hilmm Choiec I w oh.r (140 ) Unly PHA - A YHA That administca mom than 55d H(Vs. was nog. designated se Ireublcd in it,must recent SISMY nl� not I)-, ill'olo.+g,. I ... hit 11n11.L1g. (A) .SfandanI PBA - A PHA (1i1r own: or of 1 lag•-i 350of lnorc p11LGc holti nL lln C; Jnd cn } nil nlbcf of vollohc i lchus: III, total L Ik,,,LJ llr t).Yco•:di 55G, rInk] that a vs is Itnmcd un a slundnrrt po li»mu'in thanmsu'e uu PitAS and tiI,MAP a ssnlents. (5) hauhled PHA- A PHA Thal oNumll PHAS ill SCMAP .or of lss Ilan 001)erccn_ (6) Qualified PH.4 - A PHA with 550 o1$urr public housint, dwdlin{•units snNn1 hnuwing dlowI: muslin, cnmh Icd, Mild i. not PH AS n1 SHM All rrnublcl_ A. PHA Inftm)natitin. A.I PIIA Karns Ilna..ng Aalh,,mV el 111e(511, OfSsnlu All, _ PHA (silt C'A'40 PIIA Plan b)r Fiscal ) car Reginningr (M%1 YFI ___ULQIl_ MA 111101tV15 I13ai[Ll w, Allrll.,l C Vrltrlb UtIVrU (1+i111J\:I (ACt_ I Ilnlli A Unit of r I bl:_innmg, abo Yk) Numbs- of l lousing Choiec Vouchers (II(Vs) 1 (01, 1111A Plnn Submission I}yc: ® Almnai Snbntission ❑Rcliocd Amnlal Submission AvrdlabWry of lnfol'Innflon. hi zchliliou to the ileitis kited in Ibis form. 1`11As must ha.c the drancros lisud below readily acailabl, u1 ill, public A PHA In1w ulcntlty r1l-vpaa fie Iocanon(s) wh.rc T ho propo,Yd PHA Phn, PHA PImil Flans tts, and all IIItot m(iT,On rJ avanr To TIIC ul-bf, h,,aIII y alld Illopostll PIIA 1'Idll arc I% ti la b It Ior IfINI?ee I1V11 by III ptl Ill it Addl.iolwlly, lbC PIIA IIIJ]t pr(,I I& illjolillik ll of[ II1111 .IIe pl1,111l nIAV (I -von. 1, , 1hTMI Il:1d11T.fait l ill to rin:iTi()) (.1-The PHA I nli"l.\ i(llIT:IIn, kill) Tit, 'TM11tlal tl Alinti:II Plan, I1111 fix,-I111,d ro)in Tilcit-4rri{ill I ii—I 1lIb111111Inf1N_ At J lillu11n III If. PITA, IIIIINI poll PITA N,ii,- IIMILId111S llpdaltN, al IIIC Mitts ()lots 01 CGnI1Jl (dtl(:C 01 dle NTA_ PTTAN ale NLIUIIFIV nConl9eCd to PofT C:onII)IM, PHA Pl wa on Thrit oftidol fv b[Am. ❑PWit CongOrfi¢ fCIll ok Ivor itgl"In rnnf_Mioinr Pl;ln.lnd a,nlplot, t1hlo l)&AI-1 Parlicipaling 1'1IAs IIIIA Cod,, Progfaul(s) in the Cunanrtia PruLnuu(i) wit in Ibo inn;nrtia No. of LititN in Each Program I eai IIN Page 1 of 5 Imm IRID-5111175-11(: 1(I100I4) EXHIBIT 1 £B. ''}1i117,13j 1112I7. B.1 ILivlsluu of PILA Plan Eh mcurs. (a) HnVc rin tollowiaC PHA Plan clum=nrs btzn Iwiscd bV rlic PHA <muc ir5 last lvmual Plan <ubimismi, Y N ❑ ® I Inuxn,,v NCL i..nd Sn'naepv for Addrweinh I loimiig Neck ® hn otta ruttalton atul 011lra Polo iei IhaI C',11, Gligibilily. Cdcction. aml Adntuiions_ ® I unuard Re.ourcc<_ B® Rent Urtra'min:ilion_ ® Opalsnon and Nh':IFcrncnr_ ® Llfarinll Rr11e m 111earnlg Pruccdulei ® Homnxvne,,h p I'l ntnams ®SIN SLl iciml.y Pn>granls and Tleauucnl olTncoule Ch 1n •es T<csllting hcml IVCILAC Plv_laul Re<Iuiremalu. ® 1I I1,'lani lal I) .Y l-lt lnl l_ ❑ ® S _rli0caul AlucudulcnVModiGcaiuu. (h) If the PIIA ansvcrcd vc, (ornnv cluncuL dc,crib, the m, i>ion> for each cicmcn«sl_ 11.) Ncrr Aeliyillca (.0 Th— Ill, PIIA Io1,d a...... 1,I k - — AL 111 Il' fblh„d Ig Ill Ih- PIIA Ilnevl rht.d V—'? Y N ❑ ® PiaiceT Hascd Vauchcl<_ (N Ifthis activity ir. planned for the micnt Fiscal Veal; dcceribcthe activities Pinvide the prnjxtcd nuntncl-of project-ba_sd unus and general loeulim,, and describe how PWi cLl-busing .vnuLl be eonvsleilt ,. ith the PIIA Plau. 113 Mnst Recent fiscal Year Audit- (J) N [IC IhCIY ally f111C1111Eh Ill rlle MOSI KCellt I') Atldll Y N NIA ❑®❑ (b) L yes, Plecne d xaibc_ 14.4 lk it Rixhl4 reftllwatiml rot ill TTTTT�Sh1)77, TTTa r EITlTI[Ylll!)lt, I/ 1�11}I ihL T'TTA Uan, Re_,ulwmm' III1.1�t bC ltIb1111ttCd :y the PTIA a� -it C entonlc :urac:hnnnT m rha PH-1 Plan. 11.5 Certification by Stlde ur Lel.d Official, Purr, IIUD S0077-6L, r f l r111LWIOP hf Suue w Lo.1J Plain C onaulenhe Lg"Iflt tCmlaoRdoted Plan, ul Lt ba sub,niucd by the PI IA ac a : n dearnnic a1,.chmcm itl the PI IA Plan. Council 2-4 4l612021 Peg' 2 al5 filim HIID-50075-HCV (1212014) EXHIBIT 1 R,4 Progress Report. PLO%isle a desntplion of the P11A's pntgress in nieeuns is Mission and Goal rlescrtbed at it, 5-Yeai PHA Plan_ Coolµ 1: Telly ill ili.v ell I' .... d11,g provided by fibII) uod .II fur uddifiwnJ fuudlug Iu a,r,c Ibc mttubev's of our community. Ohjertiveff I: I hili.e I DO% of Anneal Rorlgel Anlhnrily Provided by III ID Inr each ( V • SATTA ur cd )Ai%ell LO, Ann, ,I TWIT ,I ALI0IO"W two, TTL7c I„r CY '.)),) Tnu was clue to Lwo rnab. Ilulon. Tvsl, Lilt C CJVTr1- 19 panrlen ,: impartad not su III np,,,apariry and ahiliq m sava OOlretrain assislad-lamiliaa „dola Irying In a„isI oa,r ldllt iI ad Ebro. our Matnstmam C'ouchcz Fmyaam_ Second, SAHA has bun nxcu,mg s sub,Lanuahv mcrC HAY lcndin_ licm new HLILc-A'ASH ,anthers, hll. ura have nnI haen Ia ai,inp. adeq-11t, tel2rtah. [in Ili IIIa VAMC II I nno Reach In 11/2 Ibir. Iaw ILn"I"o, Objcctivc t 2: Apply for new funding oPPurtuniTics for addttiunal voLmha-x. • In UeL)heT ^-0^0, S A I IA T,xcivcd en award of twCluy-live (25) additional foster Vm,ih to Indcpucdnc cc wuchals INlIn. inq a a,tnpddive application process under VLII NVnCe 202U-2Bi_ r In Nbsenmer 2020. SAI IA received an swaid of sevnity-live (751 ad:inonal MaIMLIcant IinCILltc VnnehelS Iollnwing a contpcuLirc iggdt,attou proccv III 1'dl Notice 2020-22 ❑tintµ 2: Expand pnnccipniton to the 19111111y Sell-Sulhricu Cv Program for lafnilics to use as it pla(lorut to ublatu sell-sullicicncq and independence from our assistance. Objettive tT 1: Expand ncL. numbca of aftVC Peaicipznts in the farm]}' Self-SuffictalCy lYogtanl_ • The nuulbcr of active pal IcipzuLs in Lilt Family SOII Sufhcicncy Program dcnca.cd hom l2- familic eni lltJ Lu IZ_'_ The ( I)VTLI-I9 Qan'Ic'mo "you"I w, "pac av,and ob,hryro oan,00i to iKMI [ upgnt<, Hocvcvcl. the niLnbct of m3nJ3t- y:Io[<tbt SAHA is only fo pm'Licipunl,, SAHA aonTlncxl semlingn norm ly Cl zmnic FanclV Sdt-Snttic'Tncy Ploptam crwslrrr. I() (lilt who have poll dcdu; md11 Ihdr e-Mail addms,ez 1-acl1 ntvslctICI Icamm, e SAM' of Suuc,. nI a tinnily wllo io pmuupahng III the pocgreur Tu ,JJniou, SAHA Itspi,•vidti an armtrit ealendai to all 010111 parueipants wick o Swiy 01 Success for raclr moutc. Objcclivc µ 2: Area, l .etch Self Suflidctc v PI'o•g am perIlk,1I L to bunco ,ell-auficrnL and gnacht:uc Wont thz progru»t DIIrinF The f nfal scary lhl a: (1) Pamir III Fiaduarcd from the Fancily $elf-tiuft .i �ncy l't oflntnt_ Goal P 3: Emure the affllrnty, integrin' and Comphin" of ill vowher program operations. Obitclivc µ 1: Retain High Perbmncr STIMAP sLalus. • SAHA was ccrttticd av a High Pcrformcr for FV 17-20_ SAHA audaCd a nctat of 353 filer unJCI SLMAP Indicator 3, crcn though dcc . ........ IPI, 1- I-gnhz.I by iiUrl —. ,oily 45 1d« rnr3rMAP ln.b,-....0 l/ i SATIA: d.1-1., I.e:d of u9 n.peni, n. even though the minimum sample sir i �qwmd by HI I O was only 33 qualiry conttnl inspxnons_ [anal B h Increase assisted housing choices by providing gnaliry cueiomer service to inukring landlnrdx and cnnducring nurreach to new landlords. Objecfive k I: Cnlnnnuficare me a IcguIar bads with active landlords by pmvidmn intonnstinn nn key pmgram updat. _ Dorm, imh Fxral Vcal S A I I A e-ncailcrl a ncv.,IcuIII in Illy and OCIOheL ,SAI IA slso c-n1.111M a I (nlidav card in D-rcmhcu miccrive t 2: Maintain naive participation in the (Ah-ange Courry Apamnent Associatior and attend meal event, in proncnte Ilartictpatinn in dtc ploiJ:... • S0.11A een,,ed our tnetnbenhtp wish [fit Orange C'nunly Apailtneut AS6DclauVr,. 1wlcal eacnR welt cancelled due Ie the Imudeuitc Goa IV 5: Prim idc equal oppurtunitV, al lTrm: tivcly IurtlI fair hou,in}, and prnvidc rcpu l at training on fair II Im, Ibr stall', owners and pat rlripants. OlkiLCI vC µ 1: PITIVlde an annual InandaLory Liam p !brall I Iou.ing ALILhority.colC • Oil Sepiembcr 11, 2020 SAHA hCld an annual I':nr Holumg I achy for :ill Noosing Dlvlmon anp loyu,. I III, annual tra ning ., required for all employees Ohjecrive 1, 2: 111,n IJ,infntmsnoo nn trail housing to owns f 1 I perTlcipatrc • SA11A pi,v JCd inwimcnion on lsir11usit>` Ill O-11Ci..I1111 P,,Intcil?atrls. Goal h: Pr wide infuruutlion ou the Violence Againsl Woulcn Act (VAR'A) of 2013 uI active participants and uwnci II In cnsm-c ILI'utectiuu for Victims of Domestic. Violenee, Dating Violence, tievll:ll Assault, or tirall:ing_ • tiAHApro,k1c(Iinthlncation r0VAWAm3II[)ITq:nncpph0-1n[. pa n1010antt fin d landlol(k. Council 2-5 4l612021 Pngc t of 5 form HIID-50075-H17V (12t2014) EXHIBIT 1 R.7 IRxsltlent Ativlsory Roard (I2AR) Conuueuts. (a) Did the RAB(s) pro, —de a'nunems to the P11A Plus' 91� ■ (b) Ifves,COMM C1 nv nu19t hcslbmdmd by The PH A :Iv All sTesrh nl o It TO the P H A Pan. V H Asm IT i lso I ncl a do I:ufat rvc de I.)nllthen mwl%a , of the RA I , ,mat,AaLioII, and the decision. made on Ihe.c revolt nt,ndations. Three Resident Advisory Booid nmetulgs were held on Minch .2 2021 with sewn (7) iR;V pol.icipanL% who receive alhlhtullL< Dorn din iha.sing Authoty Ihvin, r lr,cw,„eonrlllcTodnithrclll_llsy_q-: Fn Itll,Sfranidl,andViriiai,sc. All 31tivc P3Pd0ra11t. WO v nlcli 111 ],1 i nVit.Irion h) purtl.Iputa on tha Resident Ad%isop Boma and Lhc RcNidcn Advacn} Board Provided inl'LL for dlc dcvcoprncu of ttc AImaW Plan_ PlQdhQ sec cUM, 1111,"IT TO, R A R (anml(nc, SAl1A As 1,1,1sc11 ) survey lie all of 11CV parucipcuns_ Thr SUIVc1 was nladcci to all aClnc 11('\' patlidpanC 11111 a Bole W III suury. A total Of hlur 14) xmvcy ncsponsu: ,rcn; rccciv;;:i_ lblfPLnniv C l nll nfthe mrommcndationn Tom the Renidalt Advisory Hoed end ,wv.y r,pon,es by l) canNI(LI III The TONS lhilITV of CArh tctcmam n]alion; 2) h L <sing as a ]OMIT the oPF^ilmtily 101 SA11A u, intplcnn nl rack rcronmt,=ndalioo: and I) nlalunC a daantinal '.in can N111:AI ra;ommcnd:ninn(a) mold be l niplcnenrd IT rnnaidorcd for finmr implcmenrvrion_ Allofthc rceommaldstions wcrc T.t<e.l urn rnnsidciarinn by Lit, ffousinc ALILhority. Instructions for Preparation of Form HUD-50075-HCV Annual PHA Plan for HCV Only PHAs A. I'HA InIbCNARGII. All PHAS mit@r L011tPl:1L: rhlc mtrlMl. L_4 CFR tl904.^A(4)L. i) A.1 hlrlode the Iilll PIIA Nnme. PIIA Code. PIIA Type. PIIA Fiscal Vav Binning IN IN Number of housing Choice Vouchers (IIC Vs), YHA P6m Submixaion l'rpc and the Avaihtbilily of Inbn-malion, spc.i tic locauen(v) of al inl2+inw lion Ia avam m tha public h::aring anA prupuvcl I'lln Plan PIIA I Innvnrlla Ihe:-k ho. it tijNO,Il inP, a 1n1n1 PI IA Plan and alny)leie the 111.1e (14 CFP 6941 1 `.x(al) R. Anmud Plnu, All PITA, VRlil LovipleLl Lbu scLliorx Or CrR 29U7 111110)) R.I IteviRinn of PHA flan Fletnetm- PIIA, nnut Irlenrity apsifically which plAI, dclncns lined hclow that IIAVe hsn rt5 sal hV the PI I A_ 10 spc OiN, which dented[, have heed rcvBcd, mark ticV-, ' lbw_ I'm dcmcnl has not bcxn TO%isLd, marl, -no " ❑ housing Needs and Strategy for Addrrssing housing NLxds. I'lo V IAL a statement addressing the housing nccds of low income very low incomL Izniilic-.,d„ rlc6, ll,c PHA'. 1 j d-_ll .,,,it „il 1, iilic, ivl a-uc...1La Aa-Gm R Ic .1 1 ba—I G.1_ The ail. _1 it_iiGly 11l_ housing nLcds of(i) fatnihcs kith iiuomes bclo,c 30 pa-cau of area median URLITTC (cetrcmcdv low ironic), Ill) cddady fmnilics and famlhrs with Ill ,. 11111(111)1 <. -1 „LIN ol VAI I I 1.,Il iih, vi IIIIIN I, Oil dL:ju6d6,I:011 Ol OlIIIL 11- e. B.l. 11.11L.I kI III LI VLf.I by 111. applicable Consolidated flan, uilL ..... pm<idcd by 11L1D. and other generally Mailable J,La. the idemilication of hoLuing need. nnnl Iddae..s ivuc, of affr nlahi6rm sufply .11MIOV, aIILII.kl;ry, vbL of naiu. And Ir auoa_ (24 (:'FR ,Q01 7(n)(I i iOd 24 ('.FR $u(IA 7(1)(2)6)). POW. L a 111a1xifuoo of the Ill IA n %Lnncge bI addressing the housing Ileed> of famllic in Lhc jLLI i LIiniun and on dle wailing ILL in the upcoming year_ 24 CI R e91) ; ?(a)f21(IIl ❑ DMITICenlrulion and tuber Policies Ihal Cnrern Lligibility, Sdeelion, and admissions. A sLaLeiucnL ofdin V IA's policies utat gurenl resldenl o. r, In I, 1.pld.tv4 eh,;fionand-Iln-iiion inoltrhI , j.O1ns pJ......;to, H(V CI CFR 190. 7, b)1 ❑ Flnanclal Rtsuul'crs. A Ira nmaatt of &llauua] n-scntmci, ink Ind L lg a Itst111L bV Causal cau:gotici, of the PHA ant ipaud nSaint cOs. inch :u PHA I II V Il,ITdatg and )Ih l .,IT Iapalc.i I sicral I Chour.c. :I%an lab l c I .hc PI IA.. r. wdl as vnant ILIT IN and 1111111 In-11111 avellab lc t115uflllolr tut All t-baxc I assutwL: Iha gm,nicnr also should nclu do nck non-Fcdas] sources of frrudi supporting rash FL&LaI ptolam, and hart (tic plallnud lac fat din revnur..:r_ (24 CI'R 59037(el) ❑ Renl De I erm i moron A rwIOinOil l of thepoI101 s of the Pl I govern i IT l cn l.d conrhvl l ons oflsoliO ON IILIIVIitg l I,taut-bavul aNI I IMIC , LIT111 ell JItill 'V IHIMIIILIIII lenanl 12nIN , and hayni,nI standard pollele<. 04 CFR 6903'0d)) ❑ Upernlion and Managnuenl. A iIateanenl Ihut includes a dc;cripLion of PIT,A nla ageuteut organi�aliQLL and a ]Hung ofthe I'LogLans ddnliniACIeLl hV III PHA_ (2d ( FR eI)OA 7(.9(A)( I)} ❑ Infin-Ina I Reriew and Hearing PI areduIPi A &NVI IpbOil of The Init) tor d Ill shop sod 1 airw P1 'x1'11111e Th:u The PHA me I<cs svai ls111e To .Tv apph,ants (4 CFR S i(Ji 7(I)) Council 2-6 4l612021 Pegs: 4 a15 forte HUD-50075-H17V (1212014) EXHIBIT 1 ❑ Honrnunrrghip 14oltranls_ A <rasm.;nT (],.Ili io,.anV hon.: nwnc:<hlI) p np•Ianx. (hldu;liIV I) OIL T ofIn02r end IT if IT coonfi itI'll IIll Iren:d by the upmrzy Linder seaiou tSy of Ill, I) t7 A, Lai for which Ihe. PI IA htu apl,lial of II el+ply !iv uppnrvaL (14('PR 5901 7(IO) ❑ Self Sufficiency Pro-Vinm and Trenlluient of income ( han;;cs Resulting fnnn Welfare Progrmn Requirements. A dcvsipliau of any PITA ptofta lox 1, 1 anon_ TO ,Ivleac anal no,nines e0ni(I i natal, prnnonwd, of InOVi kI INT rho PHA ill v;i;rgi Tanu llk, ineln..o f, thJSd f ill It i n); To p in tll: PITA', Purtncrship with other eTltlliUN, for the enhancen1011 of the Wouonlic aucl so, ILL silt-suffidrn y of I .Ms.cxl fill 1IWi mCluding plagnanu provicied Ili oft r l,, :"rv_ enll of the pi I A'c -fill 011ie, nuilia and ITlvlli e,oda norm 7 of the I loijio,IIndC nannnily Devil,pna-'nl AT of 19bA and colder TCgLaremcTnv for the T-urni1% Sol PSufhdulav Prognml and odlas. Ink, IrldC the progrurn'r ,ve (mClucling required aIDl auual size of the F9SpmgrOn))"rod nleana n l a l 10111112 14ai9l anrc In hm,cehll(I; (74i'MS9017(I)L))Dselihc hnw the Pl l A will comply .vilh illo e]nifunon, s of accliun 12(c) and fill of the 1937 Act Moat rotate to Treatment. ufin.unc cLang.w resulting Lem lcdfarc am rq uircusnti. (24 CI R a2011 )(111)), ❑ Substantial Dcaiation. PHA on,t provide its union it for detemlinine it ":atboantial d vianon" to it l .al Plan. ( 14 C F H �-IU3 7(rlfIl[l) ❑ Significant Amend menu Moditic:aiun. PHA nulvt provide in: coat eta for dct lrnining a "Significant Anlcndnicat of Madirianon" to Ili I -Year and %IIII1111 Pl:u1_ Ch.,IIhl the III ln 1.,1I 111 del i I - I .1 ,,, 1. 1 ... Tell/1 ud.f-I o.,n.', fit ID will k a ridef fie I„ILw, ,, nk I III-koill ollorloolloorill,.,r nooditicatiou,'_ a) chealg,Cl To root ell adnowsioos policies of Organization of the waninp list of h) any change with mgafd to honocwv,nenlhip propralli Seems-I-,,,;e elf II[lp, II-i-lf.e_ V.I.,,pill 1909-s I_(2,t crR �90 7(r1(1peo) if any boxes arc nu kc<I `YisI". do c -be d.' rev; Sofl(s) to those 1,10f Io,I %);n the pace provided. D.2 Vow Aelisili. II Ih' I'IIA Vub:uels to ntah:rWL' ue v activity Using IIousitlg Choice VV (ICLI:rs IfIICV,) har new Ir,jca-Da:Cd VO,Id1cr, IIkD`tI the arrant Fiscvl Ycar. (nark "yca" lotihi, ciclnenl, and dceenhc rho lei lion .l. in Pic nndensken in the spice provided_ 11 Doc PHA does nnl plan ro-n(lartakc Ills aclivily. mail: "no" (241YR B981.J%fbh I1 ;cod SLillo 5(L Ill:) of the 1 coital Slalcs housing Act of 1431, ❑ Projccl-Bused Vouchers (111IV). Dcsnbc any plain: Io u,c I IC'ks fof new Pueccrba:cd voucher. If using It -IN , provide the nolcclTcd number of ptnlw haled nails And ({en_i:4loctunn., end dcncllhc hnw plolcu-ha_ain2 woWd he on, a,n,oh the PHA Plan_ B.3 Mosl Rerrul I iseat Ycar Andil. I: the results of the most mccot h, al ycal arltllt !'Of the PI IA included any Iindings, nlaLke e;' and d,snib, (hose lindings in the spnec provided (^_4 CFR 1901 11(e)(3), 24 ('rR 2901 7(n)) RA Civil Rights Certificafion-FormHtTD-S0077, PHA Cr.. NI s..J C...... r ,. I. 1„T6 T6.- PHA PLmc lied R, 1111, 11 Rl-�Iiofrloon, IItUT be sulnntn dby rh.: PI IA as an dcclnali, alladuncnl to the VI ]A Plan 11us include, all cefiificah( ns leleting to C'[I If Rights and mlamd regulations. A If [A hill be conii l",: I in eolnpl nn,:c ttSTII the AFFH (:;eltifennoo it it can dOcllalso rh AT IT IITT IniHo, I Ili plpPraIn and groggiest 01 O,+.f Iles To iIII fit ifV llfly Inaped1111en ; to lull11OLT HIL i-hOlCe wnlnu Ihoec Pmgrauns; acldrt..Cl Ihose nnpedmlencs In To Ieaumah!e Isahum In crew of dlc resources avudable: work, NV i rh Th; loll fin-i 4d l eT i p n To inlPh' nlpn a nv Of rile ❑IIc(I i r i OnS I,Ti2n V,e5 TO art menV11vfit nc,r fA I hclA I ny;e nil a'Ill rag lh er rh, I fill,, l p l a i iz ennsisteot wish any nppheable Coltiohdatcd Plan fonts jflll,(IIUIOOI (14 CTR M01; 71ni1 KS llerliftndiun by Shile (or Local Officials. Pctn IF[TD-APl77-SL LcfGfioarmn In=Stv/c of T.unl I tl/ ,"A of PTIA Thud Co,Iln, ens x&h fill, Colrsol"(Wed I'la.,. uiettiding the mannei in which the applicaL le plan contact tic eon,i,teti[ mi[h fhe Gmv.lidafal Plans. must be subnti¢cd rey [tic PIIA ae un dcchonle nla.hmanl m the PHA Plan ( 14 ( I R 3903_I S) 14.6 Prugrcas Report_ I (IT IfII Annet Plan, III IOwi ng,ubnlis,ion of the lint Annual Plan, s PHA must include A xiefsl slcnlco �. of 1111, PH A's prayrca, in ul,cling the Ilns,fon and goals dcsfibcd in the 5-YcafPl1A Plan. (14 CPR 19(11116 K 1), 4 ('FR 6901 7( )(11) B.7 Resident Advisory Board (RAB) ronunenls_ L the RAD fit,,, I contloi to the annual plan. nlmlc' c ' .ubmil LIe I omluenta In ,If ahmrhnsul to the.Pllnrodde,o,hoTh, edy;i> of rho conmenrs and rh, IIHA ckkision fllld-Oil tllc;elccgnrolCndaron;(I I( 'FIt �IjoI I i(d, 7 (.FR �,qH.l q) lhi Into Tell -)(.11nl. Lido red by tieofol Sl l Gf the q 111yIIfroo,,aOdlYOrk lle3grxibll tyAll. wit ell added a flew ,eiGOn)A Ia Ill, IlS lion. gAM or Ito 11. .le ll IeJ. ei le, If otjul redo -Aloof itl'IIAlit oi. I lit, Auun:l l'I IA litil, [If rolle, . I ody:Il I,III Iefe lulpai-'_ Ian turtle lrlc It IA I,I .rnl.... and I Tell, I, I e oill I I klflK theIT A ,.n1.1 11 if o,,T.jki-.dc. I—_odlfr n IIIU. I:wllc.v . I]hy l IT IA:cod m,oh, .,I lr"ell, to n,. II, II ... 1,1 If n:amCc ,I'fyILIki ivacu lc. dn( Ill I(.alcly!Ow ut n' Lin. lac ullh;-. Puoac re ourden for Luis infonlilLOl cudcchoe is e1tIMrrC i TO average 4-5 hunt Per rrspmisc. indu(Gug tuc Lllle for reVICk ing instff.ctions, scarchigc cx.,,un g aera Solnrcr;. fdthcllll(,a ild 11 anir31ning Thi data llcidcd. and CIAII'rIll,and I'CVIcWlllg the cillecTIOII Or lllonmatioll. HUD Illay1er Coleccthii; Intel Illation, and IT_sI ollarllci 31e nor Itya11ILIEll Co111p1Btt fill; fill 111. tlllla' It ftl'lH]}K a All IOnly V]Ilfl UMK t:unClbl Ntllnbtt. P. wa.yA,orNnhu[ Th, IIniO,J i :fl p:vn... n t l llflny,anil I rhon ❑cvcL,pm ntI.. non -.,To :.d=tth,.-n6rn:vinn i, III Thi . fei ITT liyall r , ntTolrh2 11iZC I-Sr,rnn 17n1 ,—, nil I fr"IlAtlokisp f,Arril th-r-tind, I ,TtII I ,. of Frdcral Rc; lai< TO Ilven,— ro d rnlnxfn ff nanm_ rgI crlrn ohteul a henefir Or to reran a benefir. The infolmenon requested sloe; nor lend lrselfm confidennahty Council 2-7 4l612021 Peg' IS of 5 farlu HUD-50075-HCV f 12(2014) EXHIBIT 1 Certifications of Compliance Wl�h U.S. Depar(meat of Huusiag and Urban Development Officc of Public and Tndian Housins PHA Plans and Related Regulations QMRNo. 2577-0226 (Standard, Troubled, HCV-Only, and Lxpires (12/29121116 Hif1h Performer PHAs) PHA Cerlilicalions ol'Compliance wilh the PHA Plain and Related Regulations iucluding Required Civil Rights Certifications Aclirgg fire hr-hnlfoj Ihr- R... I'd of (iteenv ii canon. nfthe P,bhr- TTunruq{ Agonr_I(PIIA) loled beln.... "I if, Chuirmon m-nthei aathm i,M PHA ofrcird it i1wre ii no Roar'd ofCommicvioueri, T approve the svhtnticion Of 1naaal PHA Plan lfir the PH,i fecal year 1, 2027, hetclnalic't- t-egtt-ed to as' the Plan ofwhieh this doceaneni is a pact and make the following ccriiTcatiorm and a,{ter-fin fits with they Department rrfllnmmg and Urhatt Urvekipnrent (IIUU) in eanneetvm wilt the rUht fts�ion of the Plan and implementation rhereof' I. -I he Plan is consistent with the applicable comprchensiva housing atlindabiliry su-afegy (or any plan incorporating such sti:Rlcgy) IOr the jnriscliction in which the PIIA is Ipcated. 2. The Plan eoniains n certification by dic appropriate SmIc of local officials Ihfil. the Plan is consistent with the applicable Consolidated Plan, which includes a certification that Inquires the preparation of an Analysis of Iutpcdinlenls Ili I'tlir Housing Choice, for the PTTA's jurisdiction find fi dascriptinn of tilt manner in which the TIT TAP Iin i; eon,Ii,Irenr with the nlipI ioahle C:onsolidatcd Plan. 3. The PITA has emablisltcd it Resident Advisory Board or Boards, the manbcitbip of wllicli represents the residents assisted by the PIIA. consnited with this Iesident Advisory Ituaid oI Itoards in developing die Plan, inclttdin_e any changes in revisions to the Policies and programs identified in the Plan before they were implemented, and considard the rccommrndations of the RAU (24 CI'R 903.13). The PITA teas included in file Plan submission it copy of the recommendations utadc by die Resident Advisory Board or Board; and a de,cription of the manner in which tilt Plan addresses these ruomnrclidations. 4. The PHA made the proposed Plan and all inftuTnation relevant to The public hearing avalablc fot public inspection at least 45 days bcfurc the hGanng, published it notice that it hearing "OUld be held alld condaCICLI it hcarlll�, it, di5C1155 the Plan and invited public comment. 5. hhe PHA ccrlihes that it will cant' oul the Plan in contimniry with Title VI of the Civil Righu Act of 1964, the Fair Housing Act, section 504 ofilw Rehabilitation Act of 1973, and title It of the Americans with Disabililics Act of 1990. 6. t he PHA will of trinrlvcly further fair housing by cnnniinin, (heir pro�rfims of proposed pfo�rams, idcnlifyin, any impediments to kill holmlig choice within those programs, addressing those impediments in a leasonable fashion in vicm, of the ICSouICCN available and work with local jurisdictions to iruplenicnl any of file jLit isdictiorl's initiatives to allirrn:nivcly furlhci fnir housing thatrequire thoPTTA's involvement find by mninit imoR records rellecling these nnnlyses And Actions. 7. For PITA Plans that includes a policy for site based wailing lists: • The PITA regularly submits required data to IFUM SooS8 PICiMS Module ill Lill atturate, comptete and Iimoly Inaunor (as specified in PTTT Notice 2010-25); • The system of sitc-based waiting lists provides lirr bill di.1CIUSLIrC to each applicant in the selection of the development in which to reside. including baste lnfuttliahon about avalablc sues; and Lill eminiate of file period of tube the apphc&nt would likely have to wait to he admitted TO units of different sizes and types at each sire; • Adoption of it mle-haled waiting Crst would not violate ally com-1 order or settlement agrcemeut or be iucou,utenf with it pcadiag complaint brought by 1111); • The PHA shall rake reasonable measures to assure that Such a waitinllist is consistent with affinnatively fiuTherimW fair housing; • the 1'llA ptovidei for review of it' site -based waidag list policy to determiat if it is consistent with civil rights laws sad c ccrtifinions, a::pcciticd in 24 C'.FR part 903.7(c)(1 ). - Si 1'hc PHA will comply with [tic proliibitiotic against disctiininatiou on [tic basis of dgc pm-suaiit to die Age DLcrirnination Act of 1975. 9. The PHA will comply with the Archilecuiral Barrios Act of 1908 and 24 CFR Pail 41, Policies and Procedures lit the Lnforceinenl of Standards and Requireincnls for Accessibility by the Physically Handicapped. I fl. The PITA will comply with The ICquirenrutrs of section 3 of the Thmsing and ITrhao Devclopmenr Act of 196, Linployinent Opportunities Iin-Low-or Vcry-Low Tneomc Persons, and with its implannuing regulation at 24 CFR Part 135_ I I. I hc. PI IA will comply with acquisitioti and relocation Icquirctncnts of the Uiiilot fit Relocation Assistance and Real Property Acquisition Policiesc Act of 1970 and implementing regulations fit 49 CFR Part 24 fis appl icnhle_ 12. The PHA will take appropriate allinnalive action to award COMILIcts to minority and wonrert's business entciplises Under 24 City Council 2-8 41612021 Pagc I of 2 fonu 11UD-50077-ST-11CV-T1P (17f70i4) EXHIBIT 1 13. The PHA will provide the nspunsible utility or HLID any documentation that the respullsiblc entity or HLD ticcds to carry out ilE review under the National I lnvirontne nil I Policy Act and other related au010111ieS in accordance with 1-4 CI R I'arl 58 IT Part 50, 1 Cspecm ely- 14. 1h'iih Icspecl to public housing the PI IA will comply with Davis-Bac.00 or I ILID determined wake talc requirements under Section 12 ofthe United States NominA Act of 1917 and The C tlorrnCT Worlc tLwn nod Safety Standard: Act_ 15. The PHA will keep i ccoi ds in accordance with 24 CFR 8S_20 and facilitate an effective audit ro determine compliance with program Icquiremcnls_ 16 The PTTA will comply with the T tad-Ttasrd Pninr Poisoning Pievenrion Aer, the Re;idennal T tad-T(ased Painr Ttazard Reduction Act of 1 99). and 21 CFR Part 33. IT The PIIA will Lumply with the pull( ies, gllidcHIWSc clod regtlircureuts of OMB Circular No' A-87 (Co,( Principles fur State, Local and Indian Tfihal Governments), 2 CFR fart 225, )it(] 24 (FR I'm n5 (Admi lisliaflve Requirements for Grants and Cooperam e Agreements to State, Local and Federally Recognized Indian Tribal Govcnnnclns)- 1 gi the PIIA Will Llllderlakc only acllvme5 and prUg17,111e Levered by the Plan ill I manticr curimmclll With 1t5 Plan and Will ❑IiliZc eovcred gialIT fiu)ds only for activities that aze approvablc under the regulations and included in its flan. 19. All attachments 10 the Plan have been and will cunlinuc 10 he acailabIC a1 all times and all location. that the PHA Plan is available for public. impccliun. All toquinsl suppurlillg LIUetllrleill5 liavv been made available lur public inspcctiun along with the flan and additional IcquirpnaltS At The primary business office of the I'HA and at all orhCI times and locations identified by the PHA in its PHA Plan and will continue to be made availablc at Icast a1 the primary business ollicc of die PHA. 22_ The PHA certifies that it is ill coliipliance with applicable I'Cdural slaWlory and rcgulatury rcquinrncnts, inch(ling tIu T)cclaralion of Ti ust(s). Housing Authorily of the City of Santa Ana PIIA Name Annual YHA Plan for Fiscal Year 2021— 2022 CA093 PIIA Number/1IA Code I hnchy ce1.114 that all the inlbim ii ion tie I limin, as wdl an any inl n non pmviAcd in the xrrompsniill znI ha-cwi ill, iv uric and acauala wa rni nX: Ht 111 will pr.: "Inc Talcs daiais and m,I,ill, Lim Coavicfion acry reedit ill cIiauaal 511d/ui dvit pcnalric�, (18 I1 S.C. 1001, VIM lot 31 U &C. 372'). 3802), Name of Anhnnr_d 011ielal T1tic Mayor VSsuac S,mnicnlo Mnyur, C it) of Semen Ana City Council 2-9 4/6/2021 Pagc 2 of 2 form TTLTD-50077-ST-11CV-11P (1 J2o 11) EXHIBIT 1 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PH,4s) tl- S Department of Housing and Urban Development Ullicc of Public and Indian Housing OMB No- 1577-0226 Expires 2/29/21116 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan T, Kristine Ridge, Cily Manager fi2r the C'ily of Santa Ana, cerli fy lhal the Annual PHA Plan ol- the I lousing Authority ol'the City of Santa Ana (CA093) is consi�wnt with the Cousolidawd Plan and the Analysis of Impediments (Al) t0 fair Housing Choice of the City of Santa Ana puissant to 24 CH? fart 91. Provide a ilescription of how the PHA Platt is consistent wide the Consolidated Plan and the Al: The Arnueal PHA Plan de romistont with rho community developennt need, and marker ronditiarre view-d in the Consolidated Plan and the Anal.vsdr ot" Impeditnenis to Fair Housing Choice becuuse the Plan es conzsisuaet With tke ohlect11'ca, outconnts, tired tweeds identified in the Plan Needs Ass'esstrrents and eiti_en pul-riciptilton process. dt also seeks to acddtEs,� the tweeds identified in the Analysis of7ntpcdltnentts to huh- llourirtg Choice jor the City of'5ivatt Aeut. I1.-1 —01,.i ,..in m..i lacalcc 11 —111 .-,11.iumIl.. b—Id— III tlL --nII .10-fl- rILt-101, 11 uuc.o(1-L—U1-LLcWmroinp: HUM 1111 FIL-1Lit, ale-11 —J — "LLA - inn ld/oi cull rinLLS1:-1001,1110- 011 3ILY1 37'9-3KI) Nameof A.In. ra d011col Kr sLine Ridge 5,..gnalure IUIm City Manaqer. City of Sama Ana Oa.e City Council 2 — 10 4/6/2021 Page 1 of 1 form HUD-50077-SL (12/2014) EXHIBIT 1 Civil Rights Certification U.S. Department of Housing and Urban Development Ofilec of Public and Indian Housing (Qualified PHAs) oMR Approval No. 2577-0226 Gxnlres 02/29121116 Civil Rights Certification Annual Certification and Board Resolution . eumZ Olt heAalla/ dw rrina!'rl ,,f C ,,;nt)am, pm of the Puldir Thp" eh 41,0ney (PT14) lMP d hPlwv. ai ii, Chaittaw, ,l- OLher author Led P/IA official. l alpi m e the rahimistmn of the Antnual PM Plan far -the PM of which this doeuntent i.r a (xxrt, and make the Jol/o wiag cer ll(icatioet and a4) eeit enls with the Depar bnent n% Holism- suer L4-hma Ueue/opnrertt MUD) in tonne e diiln wetGr the snhnlm;loa of the pill)/!( itr,It,, mg pl ot;tatn Of at;eacv and implementation rite, ow The I'HA certifies that it will carry out the public housing program of the agency in confonnity with title V I of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title 11 of the Antcricans with Disabilities Act of 1990, and will allirmativcly further fair housing by cxamininh their pl-ograms or proposal pl-ogran)S, identifying any impediments W fair 110119in2 Choice Within those progn'am, addressing those impediments in a reasonable Gishion in view oflhe resources available and working with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housinu that require tlic PHA's involvement and by maintaining records reticcting Ihcse analyses and actions. Housing Authority of the Cily of Santa Ana P11A Namc Annual P11A Plan for Fiscal Year 2021— 2022 CA093 PiiA Number/11A Cade I lncr� by Occify that aft nc� inibmisaon scan d lt'tein, I? W,it a< any uiY"rmaunn providai in ill,- a Q=onlpanintfal( MowiOt. is till and we m Irc. Warning: IPL 1) Witt nr< r u.e f J,c Li im. cmd clnlrr cnlc ( on, 1, n rmn rc.ull in criminals Uor I,il DenoIt,c, 118 TT S ( 1Om 1 O1O. 1() 1' 11 U S ( . '17 ") Au'l N,me of Authmircd 011m,tl Title Meynr V ±aura tissrm ianar Mayor, ()tv Of5M ITi An:, S,�maL u c Uatc City Council 2-11 4/6/2021 Prcviml, Vumiorl is obualWc P¢rgc I of I form TTUn-MO77-CR (,/201 i) EXHIBIT 1 3 m my,p�uf� Z m � m Z0CAAmC cC C C v Z C o>3j Z N n N Ql r O 0 = Z ( m �' O m O X r O r m MN;o � A � O m 2 O _ m :E z r 1 r m Z p Z LA O m n (Ar, On 3 n T n n N 1 p n n m m A -0 to am to a v C � F+ N n m O N N Z �O�v+m 4 LA a z n N n n m C 0 Z o a a - P Q K Z N a a T N A O C 40 O m m m_ a W N o = m z O -0 O '0 m C i � U) >p In C < N 0OD A —0 gym n 3� na O C p zmcnm=- °Cczi>ZN� � n r- z D r m � v==Ln V1 7 j: 4 '^ m m n o. n 0 7' _ ov6'm j M m C O I+ C m m Q n d N, C m z A 3 0 01 m o lmod n Z N m o za ^'z Nnm No Z C r a � GI • -O 1 1n�rt° 5• CL *C �- 5• -13 °mnLD�DM vo0- 7 N 0 Lr 0- CL = O nN 3 � rD o s" o m r. av a C v: O_ O ° n O N rt ID W zv 00 0 •C to N O_ aOq C -P O- f-r, O O v C rD N( v S C n �• �^ v rT O N v a� N 0 N Q M o ao r- CL (D N -. 3 rD a s O n fp S rD 0 v CL rt al1 F 3 � P m ❑ 6 y an T _ ° ^. m n 3 0 y v ° c 77 C a as o v m O W CL 1 — Z5 O — N m�_ O O O v o s s o- -o a 3 ` 3 m n ^- o' D T (D c ° w E v m a v a '0 ' r 00- N G o N n N O N G v a0 ^_ O 3 v> O GI O a O o 3 v o T Q O a, N Q N v Ll P N 3 T 0' 3 N •C T v o N^ n o D c n CL v v' Q N ^ (D 0 -o' o_ N o C O 0 N ^ o v (D ^ p O D C p C1 0 (D O N v O a j 3 n 7 < < w pl CZ n CL w- v Q rD ➢ O n. Q 3 a n D rr + o` 1D r v fD n c o o n N Q o 0 D, o CL M a . n v N rD D, o a d 2 a 3 rD c n 7_ W 4 rD NO N N (D -O rD m M N as CL D o n „ 6 COD < no v 0 3 CI >Z E, d O O a) zs N➢ i1. ^. a c 3 N m 3 O, fD _N O N v CL .T D � �, O` Ul 3 T CI -G fD 3 w . o (D &lib p; (,Ily (,ouliCll Stnbsp;2 &ndash;&nhsp;l2 4/Ed2021 &nhsp, 0 EXHIBIT 1 mx T mLM m0^�0 1Zm� ZOwAkmrZ rrnC G10n 0 C C v Z C on3N�o Z N D N r _ O 0= 70 w m rn 0 O 7o�orm MMN -VA C0�'��n 0m��rrnn Z 2 z z m m N z o woTm O � -u 3n� A < w 0 N r .. A 0 n m0O� 0 :;'D 3 np E C n = p p Z v � N _I cc)>zNE n r- Z> o m � � = _ O L M m m O n C Z n O x c C Z t^i) O C• n -D _ _ G1 ci n C mi N C a O O L' c pl• = Ot Z In m: o 2 O y. O m,, y, n x n = O z A = .Q z L^ F- H` c 11• > c A m n ° a „ z p, 0 2 0°. = C N n C• m� p, n w a '�' c : n A mr C , 'O r qa G O n n n z Z n n 4 m N ~ L) Mk C. GI -O 61 Q * �i 5• -1 m rD - C 3 voI�n° D rD 2 n. r cQrN 0- Q x O m n o o m av N C all O C Q O = :T; ° D ID m 7 7 3 'C to v, fZ o0u C -O o- rr, O m s m r0-r O m 7 n O O 00 C Q Q m 0- rD W 0. � „" m N a m 3 ; O QS rD 0CL ID C y m ° c 77 c N -0 'm o a oa M m rD ° m° m o s s o rD a 3 ` o m 3 rD 3 � n o T m ° [ ^ ° m v C pi fly C S Nt .n; Ni _, C G 4 .p 'MD' S x C- 3 j ^ 3 Ni a aq d r s 3 c 3 a z ' m> Z S MD, ,.. O c 3 � pq C s •� S �> ors G y O -p S OY 4 •�� a s n S ��� D�q w 4 n •6 o Q. m S F r Y (%/ n Cal 4 n < Oa FD% m n .4 z y. s 4- N O)• K C 4 W — O .ID d 3 n Oo G. a m G, G n d: a. o0 co, 3 = Ni C m = f�'Ot a � c rDl &lib p; C,it% C.OlI11Cil Stnbsp;2 &ndash;&nhsp;l3 4/G/2021 &llbsp, EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza . P.O. Box 22030 Santa Ana. California 92702 (714) 667-2200 www.s:3n)a-an.9.nro Resident Advisory Board Meeting Agenda March 12, 2021 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how It relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs c. Eligihility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures City Council 2 — 14 4/6/2021 EXHIBIT 1 d. Rent Determination Policies e. Operation and Management f. Grievance Procedures g. Housing Plus Program h. Progress in Meeting Mission and Goals i. Other Recommendations Not Listed Above City Council 2 — 15 4/6/2021 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza . P.O. Box 22030 Santa Ana. California 92702 (714) 667-2200 www.s:3n)a-an.9.nro Resident Advisory Board Meeting Agenda March 12, 2021 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how It relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs (Necesidades de vivienda y estrategia para mitigar las necesidades de vivienda) c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures (Politicas de elegibilidad, selecci6n y admisi6n, incluidos los procedimientos de desconcentraci6n y lista de espera) City Council 2 — 16 4/6/2021 EXHIBIT 1 d. Rent Determination Policies (Politicas de determination de renta) e. Operation and Management (Operaci6n y Administration) f. Grievance Procedures (Procedimientos de quejas) g. Housing Plus Program (Programa de housing plus) h. Progress in Meeting Mission and Goals (Progreso on cl cumplimicnto do la mision y los objctivos) City Council 2 — 17 4/6/2021 EXHIBIT 1 (Otras recomendaciones no enumeradas arriba) City Council 2 — 18 4/6/2021 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza . P.O. Box 22030 Santa Ana, California `.A2702 (714)667-2200 www.santa-nns.nro Resident Advisory Board Meeting Agenda March 12, 2021 Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how It relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs Nhu cau nh,) d va chitin lucre gini quyct nhung nhu cau nzy c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting List Procedures NhCmg dieu kien, vi CiC qui luat vz sir lira chop di� chfgc gia uhtip vio chunllg triuh, bao gum giii 01) khoi nhu'ng khtt tntc Wyi nguc)n lqi tirc Chap vit nhvng thu tttc cila danit rich ch& 8cyi City Council 2 — 19 4/6/2021 EXHIBIT 1 d. Rent Determination Policies Qui I� vz cich xk Minh tizn thuz nha e. Operation and Management Holt Wng vh Quan I _y f. Grievance Procedures l'hti we k11i6tl nZi g. Housing Plus Program chua1tg Triuh Ilousiug Plus h. Progress in Meeting Mission and Goals Su Ticn I lank cite Cdc Nlticm vu vi) Muc Lieu City Council 2 — 20 4/6/2021 EXHIBIT 1 NhtYng Y Kien khac kh6ng c6 nau tran City Council 2 — 21 4/6/2021 EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza . P.U. Box 22030 Santa Ana, California 02702 (714) 667-2200 v" 31L03iJ�.Illl�,oCfl Resident Advisory Board Meeting Agenda March 12. 2021 I. Welcome and Introductions II. Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III. Explanation of the Housing Authority Annual Plan (24 CFR 903.3) a. Explanation of the Housing Choice Voucher Program Administrative Plan Update and how It relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) b. Housing Needs and Strategy for Addressing Housing Needs chu nhA & vA chien hr(yc giAi quy6t nhtrng nhu r II c. Eligibility, Selection and Admissions Policies, including Deconcentration and Waiting Procedures NhUng diL kiln, vA cAc qui hi4t v� sq. Ilya chop de dtrgc gia nh$p vio chuang trinh, bao g$nt gidi tAn kh6i khu vvc vfri tgu$n Igi t(yc th(ip vA nhOrig this tt c ci5a daah s}" c11c7 dq' Ilya rl- _ f)-U vJYL',' W100 r - . City Council 2 — 22 4/6/2021 EXHIBIT 1 d. Rent Determination Policies Qui 1e ve ckh xAc Binh tien iud nhA OA-11 . e. Operation and Management 14n t LlRnn v: (l,," T di yvx.L S (e �/ g. Housing Plus Program Chu(11lig Trinh flausing Plus -,rj f c- fu P)/1'E F" RI X 111�11 i�Y7711/1 h. Progress in Meeting Mission and Goals Sy T161i Hdnh 6)a C6c Nhii m vu va MVc tic'u v rk 9 "110 . W t� Ins i n 1 u J ('-V) -GCA City Council 2 - 23 4/6/2021 EXHIBIT 1 i. Other Recommendations Not Listed Above City Council 2 — 24 4/6/2021 rl -- m©+ \N\' /» \ . w����c/���� �/ M EXHIBIT 1 Santa Ana Housing Authority Annual Plan The Santa Ana Housing Authority is preparing our Annual Plan for 2021-2022 to submit to the U.S. Department of Housing and Urban Development (HUD). Housing Choice Voucher Program participants are invited to attend a Resident Advisory Board Meeting and/or complete a brief survey (see QR Code or link below) to assist and make recommendations regarding the development of the Annual Plan. Resident Advisory Board Meetings Thursday, March 12, 2021 2:0013M — 5:0013M VIA ZOOM IF YOU WOULD LIKE TO PAR77CIPATE IN A MEETING, PLEASE RSVP BY CALLING (714) 667-2269 NO LATER THAN WEDNESDAY. MARCH 12. 2021. WE WILL SEND YOU A ZOOM I LINK FOR THE MEETING UPON YOUR RESERVATION. w � https://www.surveymonkey.com/ r/8CY9XH5 H City Council 2 — 28 4/6/2021 EXHIBIT 1 Autoridad de Vivienda de Santa Ana Plan Anual La Autoridad de Vivienda de Santa Ana esta preparando el Plan Anual 2021-2022 para presentarlo al Departamento de Vivienda y Desarrollo Urbano (HUD) de EE.UU. Se invita a los participantes del programa de vales de elecci6n de vivienda a asistir a una reuni6n de la Junta Directiva de Residentes ylo Ilenar una breve encuesta (vease el C6digo QR o enlace abajo) para asistir y dar recomendaciones acerca de la creaci6n del Plan Anual. Reunion de la Junta Directiva de Residentes Viernes, 12 de marzo del 2021 2:00PM a 5:00PM POR ZOOM St DESEA PARTICIPAR EN UNA REUNION, FAVOR DE RESERVAR AL LLAMAR AL 1714) 667-2269 A MAS TARDAR EL MIERCQLES, 10 DE MARZQ DEL 2021 _ LE ENVIAREMOS UN ENLACE DE ZOOM PARA LA JUNTA CUANDO RESERVE. • w a w w:. y Use el • • o visite: https://www.surveymonkey.com/ r/8CY9XH5 H City Council 2 — 29 4/6l2021 EXHIBIT 1 CO' QUAN NHA 6' SANTA ANA Ke hoach hang nam Ca quan nha & Santa Ana dang chuan bi Ke hoach hang nam cho nam 2021-2022 de de trinh len Bo Nha & va Phat trien Do thi Hoa Kj (HUD). Nguoi tham gia Chrvang trinh Phie i Lwa Chon Nha o, drxcyc rno,i tham gia Cu6c hop Hoi dong Co van Gia av vh/hoac hoan thanh m6t cugc khao sat ngan (xem W QR hoac li6n ket b6n du&i) de ho trq va du,a ra cac do nghi lien quan den vi�c phat tricn Kc hoach hang nam. Cuoc hop cua Hoi dong Co van Gia cuv Thin sau, ngiy 12 thing 3, 2021 2:00 chieu - 5:00 chieu QUA ZOOM NEU QUY VI MOON THAM GIA CUOC HOP, VUI L6NG GOI (714) 667 -2269 MOON NHAT VAO NGAY THU' TU', NGAY 10 THANG BA, 2021. CHONG T& sE G&I CHO QUY VI MOT LIEN KET DEN CUOC HOP QUA ZOOM KH/ QUY VI HANG KY H hoac truy cap: https://www.surveymonkey.com/ r/8CY9XH5 City Council 2 — 30 4/6/2021 I 6E li A 4 N p 3� 3 X+ Ewa O U W � W ro d J O Ga y ro ro n u� o� n A � p Q N n r W � 5 N C5 n O a O e r-r V O ro CG P &libsp; _............ C I I y COunCil Stnbsp;2 &ndash;lnhsp;31 4/Ed2021 c$nb5p; EXHIBIT 1 4 v EXHIBIT - ! \{\ ^ [ } \ { - /( { \ } ^ \\ ƒ 77 16 2j § ; n>c a, _lad,:< Wiz! wn EXHIBIT 1 I CD LL o Ci O On p oci (.1 4 &libsp; City (Oki tic I Stllllsp;l &ndash;&nhsp;33 4/6/2021 c$ 11 h S 1), Al I EXHIBIT 1 0 CL u UQ UQ C) 3 0 cl ti � &libsp; CI ly (Oki tic I Stllllsp;l &ndash;&nhsp;34 4/6/2021 ('01hSI), ti EXHIBIT 1 I 0 IT ci 70 p 0 &lib�p� C ly coulicil Stllllsp�l &ndash:hsp�35 4/6/2021 60lbSj), �z I n 1 EXHIBIT 1 4 ti a ti p n n C m �ro A C &nbsp; C ly (;puncII &nbsp;2 &ndash; &nhsp;3G 4/6/2021 c$nh5p; . EXHIBIT 1 I u �f ;m CD 7-5 E to 7. CD 7 &libsp; C ly Council Stllllsp;l &ndash;&nhsp;37 4/6/2021 c$ 11 b S 1), EXHIBIT 1 I (K) I Z., &libsp; C 11) Council Stllllsp;l &ndash;&nhsp;3S 4/6/2021 c$ 11 h S 1), EXHIBIT 1 4 I m± A"r e &lib p; C ly c oul1CII Stnbsp;2 &ndash;&nhsp;30 4/Ed2021 c$nh5p; EXHIBIT 2 RESOLUTION NO. 2021- A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2021-2022 BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1. The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. The Housing Authority of the City of Santa Ana (the "Authority") is required by the U.S. Department of Housing and Urban Development ("HUD") to have an Annual Plan due to the fact that the Authority administers a Housing Choice Voucher ("HCV") Rental Assistance Program. B. The purpose of the Authority's Annual Plan is to advise HUD, program participants and members of the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority, including programs, participants, services for the upcoming year, and any operational or tenant concerns. C. The Authority is required to review its operations and needs for the Annual Plan with input from HCV participants. Three (3) Resident Advisory Board Meetings were held on March 12, 2021, with responses incorporated into the Annual Plan, as required by HUD regulations. D. HUD regulations require a forty-five (45) day public comment period. On February 20, 2021, notification was published in the Orange County Register, La Opinion and Nguoi Viet newspapers that the draft plan was available for public review. The public comment period ended on April 6, 2021. Further, a public hearing was held by the Housing Authority on April 6, 2021, and all comments received at the hearing are included in the final documents to be submitted to HUD. Section 2. The Annual Plan for Fiscal Year 2021-2022 of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD. Section 3. This Resolution shall take effect immediately upon its adoption by the Authority Board, and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. City Council 1 2 — 40 41612021 EXHIBIT 2 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, General Counsel By: gh J ! i� Ryan iD' Hodge Assistant Counsel FWANNE yl 1► 81*M I..�FI. i0G1- I, TOM 1-3.F1 0 1i - Ii 47M ABS I AIN: Boardmembers: NOT PRESENT: Boardmembers: `WAN Vicente Sarmiento Chair CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Recording Secretary to the Housing Authority, do hereby attest to and certify the attached Resolution No. 2021 to be the original resolution adopted by the Housing Authority of the City of Santa Ana on April 6, 2021. Date: Daisy Gomez, Recording Secretary City Council 2 — 41 41612021