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FULL AGENDA PACKET 2021-07-06
City Council Meeting Packet July 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 92/01 Vicente Sarmiento Mayor Thai Viet Phan Councilrncmbcr—Ward 1 Jessie Lopez Councilmember- Ward 3 Johnathan Ryan Hernandez Councilmember- Ward 5 David Penaloza Mayor Pro Tcm - Ward 2 Phil Bacerra Councilmember- Ward 4 Nelida Mendoza Councilmember- Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge Daisy Gomez City Attorney City Manager Clerk of the Council In compliance with the Arnericans with Disabilities Act (ADA). if you need special assistance to participate in INN Meeting. contact Michael Ortiz. City ADA Program Coordinator. at (714) 647-5624. Notification 43 hours prior to the Meeting will enable the City to make reasonable arrangemonts to assure accessibility to this meeting. The City Council agenda and supporting dor;umHntation can bH 5wnd on thH City's wHhsitH www.santn-ann.org/city-mHHtinys. City Council 1 7/6/2021 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 7/6/2021 Members of the public may attend the City Council meeting in -person orjoin via Zoom. 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 yyy�t••y, n�k�kre o rgnor 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 an 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 review. 2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at.(;;tt:.'xytsttat(" sr. r�YJ tY�J. 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 PUBLIC 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 V .q r. 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. 4. IN -PERSON PUBLIC COMMENTS OPTION - Members of the public can provide in - person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-19. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. 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 or IN -PERSON PUBLIC 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. City Council 3 7/6/2021 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 byjoining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC 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. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS — You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting dOCUrnentatlon) 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 Tom 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 PUBLIC COMMENTS — Members of the public may address the City Council 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: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph City Council 4 7/6/2021 (1) of subdivision (d) of Section 54956.9 of the Government Code - A. Marbella Rangel v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2019-01110037, Orange County Superior Court B. Gonzalo Carlos and Jennifer Salgado v. City of Santa Ana, Orange County Superior Court, Case No. 30-2020-01145192 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. RECONVENE — City Council will reconveno to continue regular City business. City Council 5 7/6/2021 CALL TO ORDER INVOCATION Mayor Sarmiento Bob Barnett, Police Chaplain CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Councilmember Lopez to Stanbridge University for Outstanding Contributions to the Community. STAFF PRESENTATIONS 2. 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, with the exception of 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: 3 through 25. 3. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of April 20, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 5. Minutes from the Regular and Housing Authority meetings of May 4, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. 6. Adopt Ordinance No. NS-XXXX- AN ORDINANCE OF THE CITY COUNCIL OF THE City Council 6 7/6/2021 CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY SECTION 33-54 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PRESERVATION OF NEWLY CONSTRUCTED AND RECONSTRUCTED ARTERIAL STREETS Firs[ reading at the June 15, 2021 City Council meeting and approved by a vole of 7-0. Published in the Orange County Reporter on June 25, 2021. Department(s): Public Works Agency Recommended Action: Place ordinance on second reading and adopt. 7. Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-472 AND 41-472.5 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR PROCESSING FACILITIES AS DEFINED IN SANTA ANA MUNICIPAL CODE SECTION 41-1250 First reading at the June 15, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on June 25, 2021. Department(s): Planning and Building Agency Recommended Action: Place ordinance on second reading and adopt. 8. Approve an Appropriation Adjustment of $81.915 to the Fiscal Year 2021-22 Budget for the Community Development Block Grant Program (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an appropriation adjustment (#2022-008) recognizing $81,915 in additional Community Development Block Grant funds from the U.S. Department of Housing and Urban Development in revenue account and appropriating same to expenditure account for Fiscal Year 2021-22. (Requires five affirmative votes) 2. Approve a new Fiscal Year 2021 CDBG Program Budget to include an increase of $65,532 to our Community Development Block Grant, Single Family Rehabilitation Projects and a proportional increase in our allowable administrative costs of $16,383. 9. Approve a First Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $14 Million of Federal Emergency Rental Assistance Program Money Allocated from the Department of Treasury (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve a First Amendment to the 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. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into City Council 7 7/6/2021 negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the First Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an appropriation adjustment (#2022-011) recognizing an additional allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $14,026,593.90 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) 10. Approve Appropriation Adjustment and Grant Agreement with United States Soccer Foundation, Inc. the Installation of Mini -Pitch Soccer Field at Delhi Park (Grant Funded) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute a Grant agreement with United States Soccer Foundation, Inc. for the installation of Mini -Pitch Soccer Field at Delhi Park, in an amount up to $100,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 2. Approve an appropriation adjustment (#2022-009) of $120,000 in Acquisition & Development funds received in prior years to the capital expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2021-2022 Capital Improvement Program to include the Mini -Pitch Soccer Field at Delhi Park project. 11. Approve Appropriation Adjustment and Award a Construction Contract to RMF Contracting, Inc. dba R&M Electrical Contracting in the Amount of $748,014 for the El Salvador Park Basketball Court and Court Lighting and the Riverview Park Ballficld Sports Lighting Renovation Projects with an Estimated Project Delivery Cost of $935,018 (Project Nos. 20-2714 and 20-2717) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment (#2022- 007) recognizing prior year fund balance of $443,946 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) 2. Award a construction contract to RMF Contracting, Inc. dba R&M Electrical Contracting, the lowest responsible bidder, in accordance with the base bid in the amount of $748,014 for construction of the El Salvador Park Basketball Court and Court Lighting project and the Riverview Park Ballfield Sports Lighting project for the City Council 8 7/6/2021 term beginning July 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contracl subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $935,018, which includes $748,014 for the construction contract, $112,204 for contract administration, inspection and testing, and a $74,800 project contingency for unanticipated or unforeseen work. 12. Amendment to the Blanket Order Contract with Ultimate Entertainment dba Mega Outdoor Entertainment for the Movies in the Park Series to Increase the Total Amount to 5101,343.60 Which Includes a 20% Contingency for the Period Through September 30, 2021 (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Approve an Amendment to the Blanket Order Contract with Ultimate Entertainment dba Mega Outdoor Entertainment for the Movies in the Park Series to increase the total amount to $101,344 which includes a 20% contingency for the period through September 30, 2021, subject to non -substantive changes approved by the City Manager and City Attorney. 13. Approve Continuation as a Career Services Provider under the Federal Title I Workforce Innovation and Opportunity Act Department(s): Community Development Agency Recommended Action: Authorize the Mayor to sign and direct staff to submit to the California Workforce Development Board an application to provide Adult and Dislocated Worker Career Services for a four-year period expiring May 2025, as authorized in the final regulations of the federal Title I Workforce Innovation and Opportunity Act. 14. Approve an Agreement with Habitat for Humanity to Administer a Residential Rehabilitation Program in an Amount not to Exceed $545,532 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Habitat for Humanity to administer the City's Residential Rehabilitation Program from July 6, 2021 through June 30, 2022, in the amount not to exceed $545,532 in Community Development Block Grant funds, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 15. Approve On -Call Environmental Review Services Agreements with Rincon Consultants, Inc., Chambers Group, Inc., and Michael Baker International, Inc. (Non - General Fund) Department(s): Community Development Agency City Council 9 7/6/2021 Recommended Action: Authorize the City Manager to execute three agreements with the firms listed below to provide on -call environmental review consulting services. The agreements shall commence on August 1, 2021 and continue until July 31, 2022, with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney. The total compensation provided to all three firms shall not exceed an aggregate amount of $150,000 annually, for a potential total not to exceed amount of $450,000 during the entire Lerrn of the agreements, including extension periods, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 1. Rincon Consultants, Inc. 2. Chambers Group, Inc. 3. Michael Baker International. Inc. 16. Award $435,000 of Workforce Innovation and Opportunity Act Formula Youth Funds for Program Year 2021-2022 to Three Providers (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute agreements to award $435,000 in Workforce Innovation and Opportunity Act youth program funds to the following recipients for a one-year period beginning July 1, 2021 thru June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney: 1. Orange County Children's Therapeutic Arts Center to provide occupational skills training in the areas of office administration, mental health paraprofessional, and childcare worker certification, offer job preparation, paid work experience, tutoring, mentoring, counseling, and supportive services, for 20 youth in the amount of $160,000 (Agreement No. 2021-XXX). 2. Orange County Conservation Corps to provide alternative secondary education that leads to a high school diploma, credential training in forklift operator, safe food handling, customer service, computer software, job preparation, paid work experience, post -secondary education resources, and support services for 14 youth in the amount of $115,000 (Agreement No. 2021-XXX). 3. Charitable Ventures of Orange County dba Project Kinship to provide training in customer service, forklift operator, guard card, and silk screening, provide job preparation, paid work experience, mentoring, counseling, civic engagement, internships, post -secondary education resources, prepare participants to enter training in the electrical and welding certificate programs, and supportive services for 20 youth in the amount of $160,000 (Agreement No. 2021-XXX). 17. Historic Property Preservation Agreements Departrnent(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), subject to non -substantive changes approved by the City City Council 10 7/6/2021 Manager and City Attorney. Property Ownerfsl, Historic Property Preservation Agreement No., Address/House, Vote by HRC 1. Andy and Alice Hoang, 2020-10, 2119 N. Freeman Street, 8:0.1 (Frazier Absent) (Agreement No. 2021-XXX) 2. Amy Raphael, 2021-05, 415 W. Nineteenth Street, 8.0.1 (Frazier Absent) (Agreement No. 2021-XXX) 3. Peter and Evan Jackson , 2021-08, 2339 N. Heliotrope Drive , 8:0.1 (Frazier Absent) (Agreement No. 2021-XXX) 4. Harris and Nancy Feldman, 2021-07, 2344 N. Riverside Drive, 7.0:2 (Frazier Absent and McLoughlin Abstain) (Agreement No. 2021-XXX) 18. Award Agreements to two firms, Design Path Studio and James Gartner & Associates, for the Development of Pre -Approved Accessory Dwelling Unit plans for a total aggregate amount not to exceed $215,000 Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute two agreements with the firms listed below for three years ending July 5, 2024, with provision for a single two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $215,000 for the two contracts combined, for the term of the contract, including the optional renewal, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX): 1. Design Path Studio 2. James Gartner & Associates 19. Authorize a Purchase Agreement in the Amount of $898,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: SPS Technologies, LLC) (Project No. 18-6901) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner SPS Technologies, LLC, a Delaware limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 1224 E. Warner Avenue (APN 016-150-09) in the amount of $898,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 20. Approve Amendments to Agreements with Kimley-Horn & Associates, Inc., Huitt- Zollars, Inc., CSG Consultants, Inc., Anderson Penna Partners, Inc., NV5, Inc., Tait & Associates, Inc., Mark Thomas & Company, Inc., Willdan Engineering, and Stantec City Council 11 7/6/2021 Consulting Services, Inc. to Increase the Shared Agreement Amount by $3,000,000, for a Two -Year Term, for a Total Amount not to Exceed $5,000,000 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute amendments to agreements for on -call general engineering services with Kimley-Horn & Associates, Inc., Huitt-Zollars, Inc., CSG Consultants, Inc., Anderson Penna Partners, Inc., NV5, Inc., Tait & Associates, Inc., Mark Thomas & Company, Inc., Willdan Engineering, and Stantec Consulting Services, Inc., to increase the shared agreement amount by $3,000,000, for a total agreement amount not to exceed $5,000,000, and extend the term of the agreements two years to June 18, 2023, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021- XXX). 21. Approve Agreements with AESCO Inc., Kleinfelder Inc., and RMA Group for On -Call Material Testing and Special Inspection Services in an Amount not to Exceed $1,000,000 for a Three-year Term (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with AESCO Inc., Kleinfelder Inc., and RMA Group to provide as -needed material testing and special inspection services in a shared aggregate arnount riot to exceed $1,000,000 for a three-year term beginning July 6, 2021 and expiring July 5, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 22. Sole Source Purchase Order to the National Fitness Campaign, LLC (NFC) for Art Wraps for Eight Fitness Courts for an Amount Not to Exceed $218,500 (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a sole source purchase order to the National Fitness Campaign, LLC (NFC) for Art Wraps for eight fitness courts in an amount not to exceed $218,500, subject to non -substantive changes approved by the City Manager and City Attorney. 23. Authorize Relocation of Public Utility Easements and Emergency Vehicle Access Easements within 2590 South Redhill Avenue, and 1901, 1951 and 2001 East Dyer Road (Applicants and Owners: PR/Broadstone Heritage I LLC, PR/Broadstone Heritage 11 LLC, PR/Broadstone Heritage III LLC, and LD Acquisition Company 19 LLC) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute quitclaim deeds relinquishing the City's interest in public utilities easements and emergency vehicle access easements at 2590 South Redhill Avenue, and 1901, 1951 and 2001 East City Council 12 7/6/2021 Dyer Road to PR/Broadstone Heritage I LLC, PR/Broadstone Heritage II LLC, PR/Broadstone Heritage III LLC, and LID Acquisition Company 19 LLC, Delaware limited liability companies, in exchange for replacement public utilities easement and emergency vehicle access easements. 24. Approve Appropriation Adjustment, Resolution and Agreements Accepting Fiscal Year (FY) 20 Emergency Management Performance Grants (Non -General Fund) Department(s): Police Department Recommended Action: 1. Approve an appropriation adjustment (#2022-010) recognizing $45,724 in FY20 Emergency Management Performance Grant (EMPG) funds and $16,661 in FY20 EMPG Supplemental funds in revenue account, and appropriating same to expenditure account. (Requires five affirmative votes) 2. Resolution No. 2021-XXX— Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for the purpose of obtaining FY20 Emergency Management Performance Grant (EMPG) funds related to homeland security, emergency management and/or disaster recovery, provided by the US Department of Homeland Security and sub -granted through the State of California. 3. Authorize the City Manager to execute a two-year agreement with the County of Orange, for the period of July 1, 2020 through June 30, 2022, for the FY20 EMPG Grant in an amount not to exceed $45,724, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 4. Authorize the City Manager to execute an agreement with the County of Orange, for the period of January 27, 2020 through October 26, 2021, for the FY20 EMPG Supplemental Grant in an amount not to exceed $16,661, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 5. Award a contract to ATT for the purchase of 911 Vesta Computers for the City's Emergency Operations Center Department in the amount of $51,915, subject to non - substantive changes approved by the City Manager and City Attorney. 25. Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation (Caltrans) as Required by Master Agreement No. 12-5063521 and Approve Revised Administering Agency -State Master Agreement No. 12-5063521 to Secure State Grant Funds Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by Administering Agency -State Master Agreement No. 12-5063521 with Caltrans to reimburse the City for State -funded projects. 2. Authorize the City Manager to execute a revised Administering Agency -State Master Aqreement No. 12-5063521 for State -funded projects with Caltrans, subject to City Council 13 7/6/2021 non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). **END OF CONSENT CALENDAR** IBUSINESS CALENDAR 26. Designate a Voting Delegate and Up to Two Alternates for League of California Cities 2021 General Assembly Department(s): Clerk of the Council Office Recommended Action: Designate a voting delegate and up to two alternates for the League of California Cities' Annual Business Meeting (during General Assembly) on Friday, September 24, 2021. 27. Approve the $80,012,101 Revive Santa Ana Spending Plan and Appropriate Federal American Rescue Plan Act (ARPA) Funding Department(s): City Manager Office Recommended Action: 1. Approve the $80,012,101 Revive Santa Ana Spending Plan to protect and revive our community as we emerge from the impacts of the COVID-19 pandemic. 2. Approve an appropriation adjustment (#2021-212) of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between spending plan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes) 28. Housing Ad Hoc Committee Progress Report and Recommendations Regarding the Housing Opportunity Ordinance Department(s): Planning and Building Agency Recommended Action: Receive the progress report from the Housing Ad Hoc Committee, discuss the recommendations, and provide direction to staff. WA � 10311241 a q-TRIJIMMIMI 111114 ►PEI COUNCIL COMMENTS City Council 14 7/6/2021 AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT— Adjourn the City Council meeting and convene to the Housing Authority meeting. Adjourn in memory of Vladmir Goren. Future Items 1. Adopted Budget Follow -Up Items 2. Carnegie Shelter Operator 3. Solid Waste Franchise and Contract Award 4. Police Oversight Update S. Enhanced Homeless Outreach Services 6. Mental Health Mobile Outreach Services City Council 15 7/6/2021 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 Items: 1 and 2. 1. Excused absences Department(s): Clerk of the Council Recommended Action: Excuse absent members. 2. Minutes from the Housing Authority Meeting of May 4, 2021 Department(s): Clerk of the Council Recommended Action: Approve minutes. (Please refer to Agenda Item 45 in the City Council meeting agenda) **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS City Council 16 7/6/2021 1'1111A111 • • w' City Council City of Santa Ana, California April 20, 2021 VIRTUAL MEETING CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's -..I . ,: - �r^;-and the City Council's " OU o no of r, rJ r j,-„, 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 Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5.-03 p.m. Clerk of the Council conducted roll call. All councilmembers were present. Councilmember Hernandez joined the Closed Session meeting at 5:20 p.m. City Council 14 — 1 4727012021 PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: Clerk of the Council, Daisy Gomez, reported out on correspondence received. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Randy Saunders V. City of Santa Ana, Workers' Compensation Appeals Board Case #ADJ11212513 B. City of Santa Ana v. JPacific International. et al., Orange County Superior Court, Case No. 30-2021-01183801 2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code. One Case A. El Centro Cultural de Mexico 837 N. Ross 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102- 06) Negotiators: City Manager Kristine Ridge Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd Terms: Potential Sale of Cypress Fire Station 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 to room 147 to consider items listed on the Closed Session for discussion at 5.06 p.m. City Council 24 — 2 47UO12021 RECONVENE — City Council will reconvene to continue regular City business. City Council 34 — 3 47270/2021 MINUTES: Mayor Sarmiento recessed Closed Session meeting at 6:11 p.m. and convened to the Regular Open Session. Mayor Sarmiento announced that Council will reconvene to Closed Session to consider Closed Session Item 3 after the Open Session items have been considered. Mayor Sarmiento recessed the Open Session meeting at 7:58 p.m. and reconvened to the Closed Session meeting to consider Closed Session Item 3. Mayor Sarmiento recessed the Closed Session and reconvened to the Open Session meeting at 9:15 p. tn. City Attorney Carvalho reported out and stated that Closed Session Item 3 is continued for two weeks. CITY COUNCIL REGULAR OPEN SESSION MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:16 p. M. Mayor Sarmiento announced that Council will reconvene to Closed Session after the Regular Open Business items are considered. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Mayor Sarmiento announced that Item 28 will be heard at a later date, per staffs request. PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Moment of Reflection CEREMONIAL PRESENTATIONS 1. Certificate of Recognition Presented by Mayor Sarmiento to Jeff Jensen of Chapter One in Recognition of the 10-Year Anniversary and Outstanding Contributions to the Community. 2. Certificate of Recognition Presented by Councilrnember Lopez to Orange County Fire Authority Fire Captain Robert Richardson for 35 Years of Outstanding Service. City Council 44 — 4 4727012021 3. Certificate of Recognition Presented by Councilmember Mendoza to Alianza Translatinx for Outstanding Contributions to the Community. 4. Proclamation Presented by Councilmembers Phan and Bacerra to Pivot Network Recognizing Black April, the Fall of Saigon. STAFF PRESENTATIONS 5. COVID-19 Update in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on vaccine hesitancy, availability and the pause in distribution of the Johnson & Johnson vaccine. 6. Friends of Santa Ana Zoo MINUTES: Cathi Decker Executive Director with Friends of Santa Ana Zoo provided a brief presentation. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was no reportable action for item 1 and 2 of the closed session; noted council will reconvene to Closed Session to consider item 3 after the Regular Open items have been considered. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Clerk of the Council Daisy Gomez reported out on correspondence received. Victor Mendez spoke regarding COVID-19 communications made available to resident. An unidentified speaker spoke regarding the public comment process. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 7 through 27. 7. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 8. Minutes from the Regular, Special, Housing Authority, and Successor Agency Meetings of March 2, 2021 Department(s): Clerk of the Council City Council 54 — 5 4727012021 Recommended Action: Approve minutes. 9. Appoint Andrea Harris Nominated by Mayor Pro Tern Penaloza as the Ward 2 Representative to the Arts and Culture Commission for a Partial -Term Expiring December 13, 2022 Department(s): Clerk of the Council Recommended Action: Appoint Andrea Harris to the Arts and Culture Commission representing Ward 2. 10. Receive and File Certification of Approval by City Fngineer of Final Tract Map 2017- 02 (610 South Newhope Street) (Applicant Steven Jones; Owner. Rocky L.Y. Diamond, LLC) Department(s): Public Works Agency Recommended Action: Receive and file certification of approval by City Engineer of final Tract Map 2017-02 (640 S Newhope Street). Moved by Councilmember Phan, seconded by Mayor Pro Tern Penaloza to Approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 11. Receive and File Citywide Sidewalk Replacement Program Update Department(s): Public Works Agency Recommended Action: Receive and file citywide Sidewalk Replacement Program update. 12. Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2020 Department(s): Finance and Management Services Recommended Action: Receive and file the Single Audit Report for the Fiscal Year ended June 30. 2020. 13. Adopt a Resolution Accepting Grant Funds from the California State Library for the Workforce Partnership Initiative Project and Approve an Appropriation Adjustment to Recognize and Appropriate the Grant Fund (Non -General Fund) Department(s): Library Recommended Action: 1. Resolution No. 2021-XXX— Adopt a resolution City Council 64 — 6 4727012021 accepting grant funds in the amount of $16,500 from the California State Library for the Workforce Partnership Initiative project to offer workforce training to Santa Ana residents and authorize the City Manager and her designee, the Library Services Director, to complete, sign, and deliver any required document as it relates to the grant and its implementation. 2. Approve an appropriation adjustment (2021-162) to recognize $16,500 in grant revenue from the California State Library and appropriate $16,500 into the corresponding expenditure accounts (Public Library Grant Fund) in implementing the program. (Requires five affirmalive voles) MINUTES: This consent Item- Resolution No. 2021-019 was approved. This consent Item- Agreement Number No. 2021-051 was approved. 14. Award a Purchase Order Contract to Dave Bang Associates, Inc. to Provide Fabric Shade Canopies over the Fitness Courts Located at Cabrillo, Delhi, El Salvador, Heritage, Jerome, Lillie King, Rosita and Thornton Parks, in an Amount Not to Exceed $151,401.62 (Non -General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Award a purchase order contract to Dave Bang Associates, Inc. to provide custom fabric shade canopies over the fitness courts located at Cabrillo, Delhi, El Salvador, Heritage, Jerome, Lillie King, Rosita and Thornton Parks in an amount not to exceed $151,401.62, subject to non -substantive changes approved by the City Manager and City Attorney. 15. Award Purchase Orders to Safeway Sign Company and Zurnar Industries, Inc. for Traffic and Street Name Signs, for up to a Five -Year Term, in an Aggregate Amount not to Exceed $850,000 (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: Award blanket purchase order contracts to Safeway Sign Company and Zumar Industries, Inc. for the purchase of traffic and street name signs for a three-year period beginning April 27, 2021 and expiring April 26, 2024, with provisions for two, one-year renewals exercisable by the City Manager, in an aggregate shared amount not to exceed $850,000, subject to non -substantive changes approved by the City Manager and City Attorney. 16. Award a Purchase Order in the Amount of $145,939 for One John Deere 410L Backhoe to Bragg Investment Company Inc., DBA Coastline Equipment (Specification No. 20-138) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorise a one-time purchase order and payment to Bragg City Council 74 — 7 47UO12021 Investment Company Inc., DBA Coastline Equipment for one John Deere 410L Backhoe in the amount of $135,939, with a $10,000 contingency, for a total amount not to exceed $145,939, subject to non -substantive changes approved by the City Manager and City Attorney. 17. Award a Purchase Order in an Amount not to Exceed $89,257 to National Auto Fleet Group for One Ford Transit Crew to be Used as a Zoomobile for the Santa Ana Zoo (Specification No. 21-007) (Cannabis Public Benefit Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of purchase order to National Auto Fleet Croup for the purchase of one Ford Transit Crew T-350 van, in the amount of $84,257, plus a contingency of $5,000, for a total amount not to exceed $89,257, subject to non -substantive changes approved by the City Manager and City Attorney. Moved by Mayor Pro Tom Penaloza, seconded by Couneilmember Hernandez to Approve. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 18. Award a Construction Contract to Best Contracting Services, Inc., in the Amount of $491,188 for the Main Library Roof Improvements Project With an Estimated Project Delivery Cost of $552,000 and Amend the Fiscal Year 2020-21 Capital Improvement Program (Project No. 21-7536) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a Construction Contract to Best Contracting Services, Inc., the lowest responsible bidder, in accordance with the Base Bid in the amount of $491,188, for construction of the Main Library Roof Improvements Project, for the term beginning April 20, 2021 and ending upon project completion. Authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $552,000, which includes $491,188 for the construction contract, $20,812 for contract administration, inspection and testing, and a $40,000 project contingency for unanticipated or unforeseen work to be funded from Community Development Block Grant (CDBG) funds. 3. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to include $552,000 in construction funds for the Main Library Roof City Council 84 — 8 4727012021 Improvements Project, to be funded from CDBG funds. 19. Approve an Agreement with Edgeworth Integration, LLC for the Purchase and Installation of Security Cameras at the Santa Ana Zoo at Prentice Park in the Amount of $82,359.67, and for Annual Monitoring and Maintenance in an Annual Amount of $51,000, with a Three -Year Not -to -Exceed Amount of $153,000, for a Total Not -to - Exceed Amount of 235,359.67 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Edgeworth Integration, LLC for the Purchase and Installation of Security Cameras at the Santa Ana Zoo at Prentice Park in the Amount of $82,359.61, and for Annual Monitoring and Maintenance in an Annual Amount of $51,000, with a Three -Year Not- to-Fxceed Amount of $153,000, for a Total Not-to-Fxceed Amount of 235,359.67, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-052 was approved. 20. Approve an Amendment to Agreement with Data Ticket, Inc. in the Amount of $1,007,685 for Parking Citation Processing Services for the Police Department (General and Non -General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Data Ticket, Inc. for parking citation processing services in the amount of $1,007.685 for the period of April 20, 2021 through February 6, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-053 was approved. 21. Approve a $1,687,047 Loan Agreement with North Harbor Housing Partners LP for a 55-Year Term for the Development of the North Harbor Village Affordable Housing Project; Approve a Future Subordination Agreement with JP Morgan Chase Bank, N.A.; Approve a Future Subordination Agreement with the State of California Department of Housing and Community Development (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a loan agreement with North Harbor Housing Partners LP (c/o Jamboree Housing Corporation) for $1,687,047 in Community Development Block Grant funds for the development of the North Harbor Village affordable housing project located at 1108 N Harbor Boulevard, Santa Ana, CA 92701, subject to non -substantive changes approved by the City City Council 94 — 9 47UO12021 Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute two future Subordination Agreements with Union Bank and Jamboree Housing for the City's Community Development Block Grant loan agreement with North Harbor Housing Partners LP, prior to the execution of the loan agreement, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute a future Subordination Agreement with the State of California Department of Housing and Community Development, for the City's Community Development Block Grant loan agreement with North Harbor Housing Partners LP, after the North Harbor Village affordable housing project is complete, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Phan recused herseff from Item 21 due to a conflict of interest. MINUTES: This consent Item - Agreement No. 2021-054, Agreement No. 2021- 055, Agreement No. 2021-056 Agreement No. 2021-057 were approved. 22. Approve an Agreement With IDS Group for Design Services for Pacific Electric Bike Trail Phase 2 and Sandpointe Park Security Lighting in an Amount not to Exceed $71,556 for a Three -Year Term (Project Nos. 21-2726 and 21-2728) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation and Community Services Recommended Action: Authorize the City Manager to execute an agreement with IDS Group to provide concept design, design development, and contract documents for the Pacific Electric Bike Trail Phase 2 and Sandpointe Park Security Lighting project in the amount of $65,051, with a contingency of $6,505, for a total amount not to exceed $71,556, for a three-year term beginning April 20, 2021 and expiring April 20, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). MINUTES: This consent Item - Agreement No. 2021-058 was approved. 23. Approve Agreement with Little Diversified Architectural Consulting Inc. for Design and Construction Services for 17th Street Triangle Park Renovation in an Amount not to Exceed $81,323 for a I hree-Year I errn (Project No. 21-2741) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation and Community Services Recommended Action: Authorize the City Manager to execute an agreement with City Council 1@ — 10 47UO12021 Little Diversified Architectural Consulting Inc. to complete plans, specifications, and cost estimate for the 171h Street Triangle Park Renovation Project in the amount of $73,930, with a 10 percent contingency of $7,393 in an amount not to exceed $81,323 for a three-year term beginning April 20, 2021 and expiring April 19, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-059 was approved. 24. Approve Agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Aria Zoo Giant River Otter and Primate Trails Project in the Amount of $106,980 With an Estimated Total Cost of $118,000 (Project No. 16-2658) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation and Community Services Recommended Action: Authorize the City Manager to execute an agreement with CLR Design, Inc. for Bidding and Construction Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project, for a two-year period beginning April 20, 2021 and expiring April 20, 2023, with provisions for two one-year renewal options exercisable by the City Manager and City Attorney, in an arnount not to exceed $118,000, including any renewals, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-060 was approved. 25. Approve a Three -Year Agreement with the Orange County School of the Arts for School Resource Officer Services in the amount of $829,560 (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a three-year agreement with Orange County School of the Arts (OCSA), which provides for the Santa Ana Police Department to staff one full time School Resource Officer to the academic institution, for the period of April 1, 2021 through March 31, 2024, in an amount not to exceed $829,560, subject to non -substantive changes and approval by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-061 was approved. 26. Authorize Budget Reallocation in the Amount of $18,761 and Approve Appropriation Adjustments to Carry Forward Unspent Amounts From Previous Fiscal Years to FY 2020-21 in an Amount not to Exceed $23,664,294.23 (Non -General Fund) City Council 14 — 11 47UO12021 Department(s): Public Works Agency Recommended Action: 1. Approve an Appropriation Adjustment (2021-171) to increase the FY 2020-21 budget for amounts carried forward from previous fiscal years in an amount not to exceed $2,693,8y5.89. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment (2021-168) of $7,728,611.60 in Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M- Street Construction Revenue account and appropriate the same amount to the Measure M2 Competitive Street, Improvements Other Than Ruilding expenditure account. (Requires five affirmative votes) 3. Approve an Appropriation Adjustment (2021-170) authorizing the expense of $1,455,739.14 from the Traffic System Management, State Grant -Direct revenue account and appropriating the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 4. Approve an Appropriation Adjustment (2021-169) authorizing the expense of $2,017,642.98 in Highway Safety Improvement Program grant funds from the Federal Aid Safety Program, Federal Grant -Indirect revenue account, and appropriating the same amount into the Public Services -Street Safety Projects, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 5. Approve an Appropriation Adjustment (2021-167) recognizing $9,768,444.62 from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account, transferring the funds to the Select Street Construction revenue account, and appropriating the same to the Select Street Construction, HUTA 2103 Gas Tax, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 6. Approve the reallocation of unspent Measure M2 Local Fairshare funds in the amount of $18,761 from Project Development FY 19f20 Project (No. 20-6899) to Edinger Protected Bike Lanes Project (No. 17-6885). 27. Approve Submittal of Request for Time Extension of Measure M2 Comprehensive Transportation Funding Program for Bristol Street Improvements Phase 3A, Bristol Street Improvements Phase 4, and Santa Ana Transit Stop Improvements (Project Nos.13-6792, 11-6741 & 15-6843) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the Public Works Agency to request a one-time, two-year time extension of Measure M2 Comprehensive Transportation Funding Program Construction funds for the following projects: Bristol Street Improvements Project Phase 3A, Civic Center to Washington; Bristol Street Improvements Project Phase 4, Warner to St. Andrew; and Santa Ana Transit Stop Improvements (Project Nos. 13-6792, 11-6741 and 15-6843). Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Phan to City Council lit — 12 4727012021 Approve. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Executive Director of Public Works Agency Nabil Saba addressed council regarding project timeline. Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to Approve Consent Calendar items 7- 27 with the exception of 10, 17 and 27. Councilmember Phan recused herself from item 21 due to a conflict of interest.. YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR" IBUSINESS CALENDAR 28. Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and Reckless Driving Exhibitions Department(s): Police Department Recommended Action: Approve first reading of an ordinance to prohibit spectators who knowingly attend or assist with illegal speed contests and reckless driving exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street Racing" will be added to the Santa Ana Municipal Code. MINUTES: Mayor Sarmiento announced that Item 28 is removed from Council's consideration at the request of staff. MINUTES: City Manager Kristine Ridge provided technology updates within various department and the block beautification contest. City Council 14 — 13 4727012021 COUNCIL COMMENTS MINUTES: Councilmember Bacerra spoke regarding police accountability, the George Floyd murder case verdict, Santa Ana High School and Mater Dei High School's undefeated football season and Earth Day. Councilmember Hernandez spoke regarding Autism Awareness Day, recent attacks towards street vendors, expressed condolences to the families of Adam Toledo and Dante Wright. Counctlmember Lopez provided updates on free dental screenings, upcoming newsletter, expressed her condolences to George Floyd:s family, and extended her support to anyone who needs assistance. Councilmember Mendoza spoke regarding a false rumor regarding the City's water, as a representative of the Orange County Citizen Advocacy Committee announced Mal they are advocating for more senior citizen aimed bills, and lastly, expressed the privilege of working together with many stakeholders to assist the underprivileged. Councilmember Phan spoke regarding the verdict George Floyd murder case trial verdict, accountability, Denim Day, and water conservation. Mayor Pro Tem Penaloza spoke regarding the George Floyd murder case, accountability, the importance in supporting businesses, Administrative Professional's Day and Denim Day. Mayor Sarmiento thanked executive assistants for their hard work, requested from staff to bring back to council Oversight Commission recommendations, inquired about reinstating the "Gun Buyback Program, "requested recommendations to limit access to those who shouldn't have fire arms. and announced the "Libro Mobil" located in downtown will be reopening soon. Lastly, asked staff to bring back to council recommendations for best use of Federal and State funds, requested creation of an ad hoc committee based on legislative matters and asked those on council who are interested in serving reach out to him. ADJOURNMENT —Adjourn the City Council meeting. 1. Carnegie Shelter Operator 2. Reasonable Accommodation and Group Homes Regulatory Update MINUTES: Mayor Sarmiento recessed the Regular Open Session meeting at 7:58 p.m. and reconvened to the Closed Session meeting to consider Closed Session Item 3. Mayor Sarmiento recessed the Closed Session and reconvened to the Open Session meeting at 9:15 p.m. City Attorney Carvalho reported out and stated that Closed Session Item 3 is continued for two weeks. Mayor Sarmiento adjourned the City Council meeting at 9:17 p.m. City Council 14 — 14 4727012021 1'1111A111 • • w' City Council City of Santa Ana, California May 04, 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 92701 Due to Governor Gavin Newsom's ❑. 1 +) I, r and the City Council's r...,. T 1,qi, v,, , there was no in -person meeting location for the community to attend public meetings. 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 Thai Viet Phan 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 councilmembers were present. Councilmember Bacerra joined the Closed Session meeting at 5:20 p.m. City Council 15 — 1 B/d/2021 Mayor Sarmienlo recused himself from closed session Item 1A, due to a conflict of interest. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES_ Clerk of the Council, Daisy Gomel, reported out on correspondence received. Benjamin Vaszquez spoke regarding the criminalization of vagrancy and reopening the Link Shelter. Tim Johnson provided comments on the Link Shelter, El Centro Cultural de Mexico and various other topics. Brooke Wietzmen expressed concern with the lack of homeless assistance and urged council to seek solution to save money and lives. Pat Davis spoke regarding the use of the American Rescue Plan Act funds and various other topics. David Duran spoke regarding the concept of humanity, urges council decriminalize homelessness and various other topics. Dale Helvig provided various comments regarding closed session Items 2 and 3. Noted the historical significance of the Cypress Fire Station and expressed concern with the unsanitary and unsafe conditions at El Centro Cultural de Mexico. Karen Hernandez spoke on closed session Item 2A and urged council to work with El Centro Cultural de Mexico, the use of Project Roornkey Funds. and various other topics. Esperanza De Rosas spoke regarding assistance and housing to the unhoused population. Pat Lenahan spoke on closed session Item 2A inquired about the outreach provided to the unhoused currently residing at H Centro Cultural de Mexico. Felicity provided comments regarding the criminalization of the unhoused and various other topics. Aileen with El Centro Cultural de Mexico spoke regarding the disbursement of funds towards homeless outreach and services. Urged council to provide rehabilitation and mental health assistance and spoke on various other topics. City Manager Kristine Ridge spoke on the various outreach services provided at El Centro City Council :5 — 2 S/d/2021 Cultural de Mexico, settlement agreement, Rescue Plan funds yet to be received by the city, and regional housing needs met by the city. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. 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 B. City of Santa Aria v. County of Orange, et al, United States District Court Case No. SA CV 20-0069-DOG (DFMx) C. Orange County Catholic Worker, et al. v. Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) D. City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) 2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One Case A. El Centro Cultural de Mexico — 837 N. Ross 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102- 06) Negotiators: City Manager Kristine Ridge Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd Terms: Potential Sale of Cypress Fire Station MINUTES: Item continued to the May 18, 2021 City Council Meeting. 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. City Council 3a — 3 B/d/2021 MINUTES: Council recessed to consider items listed on the Closed Session for discussion at 5:56 p.m. RECONVENE — City Council will reconvene to continue regular City business. City Council C — 4 B/d/2021 MINUTES: Closed Session recessed to Open Regular Meeting at 6:01 p.m. Mayor Sarmiento recessed the Open Regular meeting after Council Comments concluded at 11:59 p.m. to Closed Session. Mayor Sarmiento reconvened to Closed Session on Wednesday, May 5. 2021 at 12:08 a.m. and adjourned the Closed Session at 1:32 a.m. CALL TO ORDER MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:17 P.m - MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Councilmember Phan joined the Open Regular Session meeting at 6:57 p.m. PLEDGE OF ALLEGIANCE Mayor Sarmiento INVOCATION Moment of Reflection — Gustavo Hernandez CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Sarmiento to Juan Tariffa, Bolmex Financial Group in recognition of the 30-Year Anniversary and Outstanding Contributions to the Community. 2. Proclamation presented by Mayor Pro Tern Penaloza recognizing May 9th — May 15th, 2021 as National Police Week. 3. Proclamation presented by Council member Lopez recognizing May as Drowning Prevention Awareness Month. Ar_aaaaN*iAIL IIF-01111[d ILW. 4. •Update MINUTES: City Manager Kristine Ridge provided a brief update on. Revive Santa Ana, guidance for fully vaccinated individuals, vaccine hotline updates. Council provided direction to staff regarding vaccine outreach. City Council IT — 5 B/d/2021 CLOSED SESSION REPORT— The City Attorney will report on any action(s) from Closed Session. MINUTES: Mayor Sarmiento announced that council will reconvene into Closed Session after the Regular Open Session has concluded and that he is abstaining from Closed Session Item IA. PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Clerk of the Council Daisy Gomez reported out on correspondence received. Victor with the Media Arts of Santa Ana provided announcements for various upcoming virtual events. Daniel Channel spoke regarding concerns of an increase in criminal activity by Santiago Creek. Councilmember Tran joined the open regular session at 6.57 p.m. Tim Johnson spoke on Item 26 and urged city to pursue Project Room Key funds. Jennifer Rojas with the American Civil Liberties Union spoke in support of Item 24. Speaker with El Centro Cultural de Mexico spoke on the homeless encampment and lack of beds available at local shelters. Indigo Vu spoke in support of Item 21. Brooke Weitzman spoke in support of Item 26. Allison with VietRise spoke in support of Item 21 and in solidarity with EI Centro Cultural de Mexico. Victor Mendez spoke regarding COVID outreach, vaccine assistance and parking. Karla Juarez spoke regarding homelessness, the lack of housing, the referral process and closed session Item 2A. Luis Sarmiento spoke in support of the use Community Development Block Grant funds and Project RoornKey funds towards homelessness services and spoke regarding Item 26. City Council (5— 6 S/d/2021 Hairo Cortez with CHISPA spoke in support Item 24 and various other topics. Roberto with Resilience Orange County spoke regarding Item 21, provided input on ICE detainee transfers, and provided comments regarding the American Rescue Plan. Penelope Lopez with CHISPA spoke in support of Item 21. Benjamin Lopez spoke in support of Item 21, participation in vaccination outreach, El Centro Cultural de Mexico and various other topics. Jose Trinidad Castaneda spoke in support of Item 21, 24 and the importance of addressing climate change. Felicity Figueroa with the Orange County Quality Coalition spoke in support of Item 21, Item 24, and Item 26. Manny Escamilla spoke on Item 20 and regarding the disbursement of American Rescue Platt funds. Steph Dorantes with El Centro Cultural De Mexico spoke on an open editorial regarding El Centro Cultural and homelessness. Katie N. spoke on an open editorial regarding El Centro Cultural and homelessness, and expressed support of Item 21 and 24. Salvador Gregorio Sarmiento with the National Day Laborer Organizing Network expressed support of Item 21, spoke regarding the encampment at El Centro Cultural, and spoke in support of Itom 24. Tim Rush spoke regarding Closed Session Item 2A, El Central Cultural de Mexico. David Jairnes with Clergy and Laity United for Economic Justice spoke in support Item 24, El Centro Cultural, Item 21 and other topics. Claudia Lazaro urges council to support Item 24. Kristopher Fortin spoke in support of Item 24, El Centro Cultural and Item 26. I CONSENT CALENDAR RECOMMENDED ACT/ON: Approve staff recommendations on the following Consent Calendar Items: 5 through 19. 5. Excused Absences City Council T — 7 B/d/2021 Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 6. Appoint Various Boards and Commissions Members Nominated by Councilmember Lopez as the Ward 3 Representatives for a Full Term Expiring December 10, 2024 Department(s): Clerk of the Council Recommended Action: Appoint. 1. Dorian Romero — Environmental and Transportation Advisory Commission 2. Edward Murashie— Historic Resources Commission 7. Quarterly Report for Housing Division Projects and Activities for the Period of January 2021 — March 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2021 — March 2021. MINUTES: Housing Division Manager Judson Brown addressed council regarding community outreach for the Down Payment Assistance program, the Housing Opportunity Ordinance and property maintenance located at 302 E. Second Street. Councilmember Bacerra and Councilmember Lopez provided input to city staff. Item was received and filed. 8. Receive and File Standards and Guidelines for Wireless Telecommunication Facilities in the Public Right -of -Way Department(s): Public Works Agency Recommended Action: Receive and file Standards and Guidelines for Wireless Telecommunication Facilities in the Public Right -of -Way. MINUTES: Executive Director of Public Works Agency Nabil Saba addressed council regarding design guidelines. Item was received and filed. 9. Approve an Appropriation Adjustment to Recognise $100,000 of Estimated Revenues in Fiscal Year 2020-21 from CIP Construction Permits Department(s): Public Works Agency City Council 13 — 8 B/d/2021 Recommended Action: Approve an appropriation adjustment to recognize an estimated $100,000 of receipts from Capital Improvement Program (CIP) construction permit fees into the Public Works Agency, CIP Construction Projects Permits revenue account and appropriate the same amount into the Public Works Agency Services, Contract Services-PWA CIP Construction Permits expenditure account for consultant services to provide labor oversight on the Community Workforce Agreement for CIP construction projects. (Requires five affirmative votes) 10. Award a Purchase Order Contract for the Purchase of 100 Combination Waste - Recycle Receptacles for City Trails to Outdoor Creations, Inc. in an Amount Not to Exceed $214,130 (Specification No. 21-056) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize a one-time purchase and payment of purchase order contract for 100 combination waste -recycle receptacles for City trails to Outdoor Creations, Inc. in the amount of $214,130, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff addressed council regarding locations of receptacles. Councilmember Bacerra provided input to city staff. Moved by Councilmember Bacerra, seconded by Councilmember Hernandez to Approve. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 11. Award Blanket Purchase Order Contracts for Zoo Animal Feed, Hay, and Tack to Newco Distributors, Midway City Feed Company, Inc., and Kruse Feed & Supply, Inc. in an Annual Aggregate Amount Not to Exceed $35,000 for up to a Five -Year Term (Specification No. 21-035) (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Award blanket purchase order contracts for zoo animal hay feed, and tack to Newco Distributors, Midway City Feed Company, Inc., and Kruse Feed & Supply, Inc. in an annual aggregate amount of $35,000 for a one-year period beginning June 1, 2021 and expiring May 31, 2022, with provisions for four, one-year renewal options exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. City Council $ — 9 B/d/2021 12. Award a Purchase Order to PSI Water Technologies, Inc. for Hypochlorite Generator Units and Equipment in an Amount not to Exceed $3,300,000 (Specification 21-013) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to PSI Water Technologies, Inc. for hypochlorite generator units, in an annual amount not to exceed of $660,000, for a two-year period beginning May 4, 2021 and expiring May 3, 2023, with provisions for three one-year renewal periods exercisable by the City Manager and City Attorney, for a total not -to -exceed amount of $3,300,000, subject to non - substantive changes approved by the City Manager and City Attorney. 13. Award a Contract to Pacific Mobile Structures, Inc. for a Modular Restroom Building at the Centennial Park Training Facility for a Five -Year Period in the Amount of $126,758 (Specification No. 21-057) (General Fund) Continued from the May 4, 2021 City Council meeting. Department(s): Police Department Recommended Action: Award a contract to Pacific Mobile Structures, Inc. for the lease of a new modular restroom building at the Centennial Park Training Facility, for the period of June 1, 2021 through May 31, 2026, in an amount not to exceed $126,758, subject to non -substantive changes approved by the City Manager and City Attorncy. MINUTES: Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff addressed council regarding deed restrictions. Police Chief David Valentin addressed council regarding the various training that take place on site. Council provided input to city staff. Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Bacerra to continue the item to May 18, 2021. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ASSENT: 0 Status: 7-0-0-0— Pass 14. Approve an Amendment to Fiscal Year (FY) 2020-2021 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient City Council 15)— 10 B/d/2021 Agreement with 2-1-1 Orange County for HMIS Data Collection (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an amendment to the Santa Ana Police Department HEART Program Memorandum of Understanding to increase the amount of the agreement by $7,954 for program year July 1, 2020 — June 30, 2021 for additional street outreach activities, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- XXX). 2. Authorize the City Manager to execute an amendment to the 2-1-1 Orange County Subrecipient Agreement to increase the amount of the agreement by $6,248.40 for program year July 1, 2020 — June 30, 2021 for additional Homeless Management Information Systems data collection, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-062 and 2021-063 were approved. 15. Approve Agreement with CliftonLarsonAllen LLP for Professional Auditing Services in an Aggregate Amount Not to Exceed $759,245, for Up to a Four -Year Term (General and Non -General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with CliftonLarsonAllen LLP for professional auditing services, for a two-year period beginning with the fiscal year -ending June 30, 2021 and June 30, 2022, with a provision for one two-year renewal for the fiscal year -ending June 30, 2023 and June 30, 2024, for a total aggregate amount not to exceed $759,245, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement No. 2021-064 was approved. 16. Approve a Resolution, Appropriation Adjustment and Agreement for Fiscal Year 2021 Homeland Security Grant Program Funding in the Amount of $4,993,750 (Non - General Fund) Departinent(s): Police Department Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution authorizing the City Manager and the Chief of Police, or his designee(s), to enter into an agreement with the State of California, California Governor's Office of Emergency Services (Cal OES) for the FY2021 Urban Areas Security Initiative (UASI) funding program, for the period of October 1, 2021 through September 30, 2024, in the City Council 131— 11 B/d/2021 amount of $4,993,750, of which $715,000 is obligated to the Orange County Inlelligence Assessmenl Cenler. 2. Direct the City Attorney to prepare and authorize the Chief of Police and the Clerk of the Council to enter inlo reimbursement agreements for all grant related program and project activities, to include planning, organization, equipment, training, exercise, and management and administration costs, with the County of Orange or any of the cities located in the designated Anaheim/Santa Ana Urban Area subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Approve an Appropriation Adjustment recognizing $4,993,750 in the FY 2021 Urban Area Security Initiative revenue account and appropriate same to expenditures accounts. (Requires five affirmative votes) MINUTES: Police Chief David Valentin addressed council regarding funding, use and management of grant. Councilmember Hernandez provided input to staff. This consent Item - Resolution No. 2021-020 and Agreement No. 2021-065 were approved. Moved by Councilmember Hernandez, seconded by Mayor Sarmiento to approve to amend to include a report detailing fund allocation of the Urban Areas Security Initiative funding program. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— Pass 17. Adopt a Resolution to Provide for Continuation of Partially Paid Temporary Military Leave of Absence for City Employees Called to Active Duty with the Armed Forces and Continuation of Benefits for Employees and Their Eligible Dependents Department(s): Human Resources Recommended Action: Resolution No. 2021-XXX—Adopt a resolution authorizing the City Manager to continue to provide additional partially -paid temporary military leave of absence and benefits for City employees and their eligible dependents called to active duty with the armed forces. MINUTES: This consent Item- Agreement No. 2021-021 was approved. 18. Adopt a Resolution Authorizing a Grant Application Submission for Funding from the Proposition 68 Urban Flood Protection Program for the Downtown Flood Reduction City Council 15?— 12 S/d/2021 and Stormwater Infiltration Project 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 California Natural Resources Agency for the Downtown Flood Reduction and Stormwater Infiltration Project, in an amount of up to $3.805 million subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item — Resolution No. 2021-022 and Agreement No. 2021-066 were approved. 19. Authorize a Budget Reallocation in the Amount of $41,937 for the Grant -Funded Westminster Avenue / 17th Street Regional Traffic Signal Synchronization Project (No. 16-6869) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize Reallocation of $31,306 in unspent Measure M2 Local Fairshare funds from the Bristol St. Traffic Signal Synchronization Project (No. 15-6829) and $10,631 from the Traffic Safety Project (No. 21-6905) for a total of $41.937 to fulfill the City matching funds requirement for the Westminster Avenue ! 17th Street Regional Traffic Signal Synchronization Project (No. 16-6869). Moved by Councilmember Bacerra, seconded by Mayor Pro Tom Penaloza to Approve Consent Calendar Items 5 through 19 with the exception of 7, 8, 10, 13 and 16. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR** 20. City Council Fiscal Year 2021-22 Budget Workshop Session Department(s): Finance and Management Services City Council 1$3— 13 B/d/2021 Recommended Action: Provide additional direction to staff, as needed. MINUTES: EXeCL/tive Director of Finance and Management Services Agency Kathryn Downs provided a brief presentation. Council provided input to city staff. 21. Resolution Declaring the City of Santa Ana's Support for Assembly Bill 937 (the "VISION Act") Department(s): City Manager Office Recommended Action: Resolution No. 2021-XXX—Adopt a resolution supporting Assembly Bill 937 ([he "VISION Act'). MINUTES: Management Assistant Daniel Soto provided a brief presentation. This Business Item - Amended Resolution No. 2021-023 was approved. Moved by Councilmember Phan, seconded by Mayor Pro Tern Penaloza to adopt as amended to include language related to the City's Sanctuary Status. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF BUSINESS CALENDAR** 22. Public Hearing — Approve the Fiscal Year 2021-2022 Annual Action Plan and Budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and Authorize Submission to the U.S. Department of Housing and Urban Development Legal Notice published in the Orange County Register, La Opinion and Nguoi Viet on April 9, 2021. Department(s): Community Development Agency Recommended Action: 1. Approve the Fiscal Year 2021-2022 Annual Action Plan and authorize the submission of the Fiscal Year 2021-2022 Annual Action Plan to the U.S. Department of Housing and Urban Development. 2. Approve the Fiscal Year 2021-2022 budgets for the Community Development Block Grant Program in the total amount of $6,171,499 that includes 55,558,720 from City Council 191— 14 B/d/2021 Grant Year 2021 allocation and a re -allocation of $612,779 in prior -year program funds, HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2021 allocation, and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2021 allocation. 3. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various City departments awarded funds as part of the approved Community Development Block Grant program budget for a term beginning July 1, 2021 through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 4. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with non-profit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning JUly 1, 2021 through June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: Mayor Sarmiento opened the public hearing at 10:05 p.m. Judson Brown with the Community Development Department provided a brief description of the item. No public comments. Council provided input to city staff. Mayor Sarmiento closed the public hearing at 10:12 p.m. after council deliberation. This Business Item - Agreement No. 2021-067 and 2021-068 were approved. Moved by Councilmember Phan, seconded by Mayor Sarmiento to Approve. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 — 0 — 0 — 0 — Pass 23. Public Hearing -Zoning Ordinance Amendment (ZOA) No. 2021-01 to Amend Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to Require a Conditional Use Permit (CUP) for Light Processing Facilities as Defined by (SAMC) 41-1250 (d) Legal Notice published in the Orange County Reporter on April 23, 2021. Department(s): Planning and Building Agency City Council $— 15 B/d/2021 Recommended Action: Ordinance No. NS-XXXX —Approve ZOA No. 2021-01 to adopt an Urgency Ordinance to amend Sections 41-472 and 41-472.5 of the Santa Ana Municipal Code (SAMC) to require a conditional use permit (CUP) for Light Processing Facilities in the Light Industrial (M-1) zoning district. (Requires five affirmative votes) MINUTES: Mayor Sarmiento opened the public hearing at 10.14 p.in. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. No public comments. Council provided input to city staff. Mayor Sarmiento closed the public hearing at 10:22 p.m. after council deliberation. This Business Item — Urgency Ordinance No. NS-3004 was approved. Moved by Councilmember Bacerra, seconded by Mayor Pro Tom Penaloza to Adopt. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass COUNCILMEMBER REQUESTED ITEMS 24. Discuss and Consider Directing the City Manager to Direct Staff to Prepare a Resolution Declaring the City Of Santa Ana's Support for Senate Bill 2 (Wiener) for Consideration by the City Council — Mayor Sarmiento and Councilmembers Lopez and Phan MINUTES: Council provided direction to city staff to return to council with additional information to provide a more robust discussion. 25. Discuss and Consider Directing the City Manager to Direct Staff to Expand the Sunshine Ordinance — Councilmember Lopez MINUTES: Council provided input to city staff to return to council regarding the following: 1. Add second community meeting. 2. include tenants in notifications. City Council 1%— 16 B/d/2021 3. Expand notification from 500' to 2, 000' perimeter. 4. Uphold the values of transparency to have lobbyists register with the City Clerk. 5. Change the agenda publication to one week. 6. Community meetings be both in -person and virtual. 26. Discuss and Consider Directing the City Manager to Direct Staff to Look Into Project Roomkey or Alternative Housing — COUncllmember Hernandez MINUTES: City Manager Kristine Ridge provided guidelines to qualify for Project RoomKey Services. Council provided direction to obtain additional information. Councilrnomber Bacorra and Ponaloza request it be considered by the Homeless Ad Hoc Committee. Council directed city staff to enact Project RoomKey services for the individuals who qualify and provide council with an update. 27. Discuss and Consider Directing the City Clerk to Take the Appropriate Action Necessary to Resume the Option of In -Person Participation for Members of the Public at City Council Meetings to Allow for Formal and Robust Participation During the Budget Process — Mayor Pro Tem Penaloza MINUTES: Council provided direction to city staff. Recessed the Council meeting and convened to the Housing Authority meeting at 11:44 p.m. Chair Sarmiento adjourned the Housing Authority meeting and reconvened to the Regular Meeting at 11:47 p.m. CITY MANAGER COMMENTS MINUTES: None. MINUTES: Councilmember Bacerra provided community announcements regarding the upcoming Ed Arnold Golf Classic Tournament and May being Oncology Nursing month. Councilmember Hernandez noted Mav is Mental Health Awareness month and City Council 17— 17 B/d/2021 additionally that May 51h is National Day of Awareness for Missing and Murdered Native Women and Girls. Councilmember Lopez thanked Santa Ana Unified School Teachers, City Municipal Clerk and her staff and Public Works Agency for their dedication. Announced that Mabury Park would be having a dumpster day on Saturday May 8, 2021. Councilmember Mendoza announced that the Orange County Office of the Aging is requesting for proposals regarding elderly services. Thanked Councilmember Lopez for her acknowledgment of Santa Ana Unified teachers and reminded everyone that May is also National Bike Month. Councilmember Phan announced that the hate crimes report is now live on the city's website. Encouraged residents to visit the Southern California Edison website and research cost saving measures and lastly, noted that it is mosquito season. Mayor Pro Tem Penaloza wished all mother's a Happy Mother's Day. Mayor Sarmiento wished all mother's a Happy Mother's Day, announced that the Arbor Day Foundation named Santa Ana Tree City USA for the twenty second consecutive year. Thanked the Public Works staff for the hard work they contribute to maintaining the city's tree, and thanked Chief Valentin and staff for coordinated May Day march supporting immigration reform. ADJOURNMENT— Adjourn the City Council meeting and convene to the Housing Authority meeting. 1. Solid Waste Services Work Study Session 2. Carnegie Shelter Operator I Reasonable Accommodation and Group Homes Regulatory Update City Council 1%— 18 S/d/2021 MINUTES: Mayor Sarmiento adjourned the Closed Session meeting at 1:32 a.m. Mayor Sarmiento recessed the Open Regular meeting after Council Comments concluded at 11:59 p.m. to Closed Session. Mayor Sarmiento reconvened to Closed Session on Wednesday, May 5. 2021 at 12:08 a.m. CALL TO ORDER ATTFNDANCF 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 11:44 p.m. Clerk of the Council conducted roll call. All Authority Members were present PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: No public comments on Housing Authority items. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 5. 1. Excused Absences Department(s): Clerk of the Council Recommended Action: Excuse the absent members. 2. Receive and File the Quarterly Report for the Housinq Choice Voucher Program for the City Council 13)— 19 B/d/2021 Period of January 2021 to March 2021 Department(s): Community Development Agency Recommended Action: Receive and file the Quarterly Report for the Housing Choice Voucher Program for the period of January 2021 to March 2021. 3. Approve an Agreement with Happy Software, LLC for Housing Authority Managerent Software Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Happy Software, LLC to provide housing authority management software services beginning June 1, 2021 and expiring May 31, 2024, for a total amount not to exceed $200,000 over a three-year period, subject to non - substantive changes approved by the Executive Director and Authority General Counsel. 4. Approve an Agreement with Nan McKay and Associates, LLC for Housing Authority Case Management Service Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute an agreement with Nan McKay and Associates, Inc. to provide case management services for the Housing Authority beginning May 4, 2021 and expiring April 30, 2024, for a total amount not to exceed $300,000 over a three-year period, subject to non -substantive changes approved by the Executive Director and Authority General Counsel. 5. Approve a Firs[ Amendment to [he Memorandum of Agreement for Infer -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute a First Amendment to the Memorandum of Agreement for Inter -Jurisdictional Mobility with the Orange County Housing Authority, Anaheim Housing Authority, and Garden Grove Housing Authority effective May 4, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. MINUTES: Authority Member Phan recused herself from Item 5, due to a conflict of interest. Moved by Gouncilmember Hernandez, seconded by Gouncilmember Mendoza to City Council 3)— 20 B/d/2021 Approve Consent Calendar items Authority Member Phan recused herself from item 5, due to a conflict of interest. YES: 7— Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmienlo NO: 0 ABSTAIN: 0 ABSENT:0 Status: 7-0-0-0— Pass **END OF CONSENT CALENDAR" HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT— Adjourn the Housing Authority meeting. MINUTES: Chair Sarmicnto adjourned the Housing Authority mooting and roconvcncd to the Regular Meeting at 11:47 p.m. City Council B— 21 S/d/2021 brs 6/4/21 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY SECTION 33-54 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE PRESERVATION OF NEWLY CONSTRUCTED AND RECONSTRUCTED ARTERIAL STREETS WHEREAS, the City of Santa Ana owns and maintains over 1,100 lane miles of concrete and asphalt paved streets; and WHEREAS, preservation for the public benefit of the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the pavement, is of great value and cost effectiveness to the City and its residents; and WHEREAS, Section 33-54 of the Santa Ana Municipal Code, entitled "Preservation of newly constructed and reconstructed arterial streets," was adopted to provide basic coordination levels between the City and private efforts related to pavement preservation and provides that newly constructed or resurfaced arterial streets shall not be cut or opened for a period of five years following construction or resurfacing, except in case of emergency or imminent peril to life, limb, or property; and WHEREAS, the five year moratorium in Section 33-54 does not currently include local streets and alleys; and WHEREAS, with increased activity to accommodate new technology utilities, the approaching service life of existing underground utilities, and increased traffic congestion, there is a need to update and amend the current "street cut' protocols and practices in Section 33-54; and WHEREAS, the changes to this ordinance are consistent with standard practices in other Orange County cities; and WHEREAS, to effectively update Section 33-54, it is necessary that Section 33-54 be repealed and reenacted. Or din.vu:r. No. NS %%N Page 1 of 0 City Council 6-1 7/6/2021 brs 6/4/21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby repealed in its entirety. SECTION 2. Section 33-54 of Article II of Chapter 33 of the Santa Ana Municipal Code is hereby reenacted in its entirety as follows: Sec. 33-54. Excavation moratorium for the preservation of newly constructed, reconstructed, resurfaced, surface sealed streets, or any treatment that adds to the structural capacity or life of the pavement. (a) Purpose. In order to preserve the ride quality, structural integrity, and appearance of newly constructed, reconstructed, resurfaced, surface sealed street pavement, or any treatment that adds to the structural capacity, life, or aesthetic value of the streets in Santa Ana, a moratorium on excavation or street cuts shall be imposed. (b) Definitions. As used in this Section, the following words, terms, or phrases shall have the meaning hereinafter set forth: (1) "Utility Operator' or "Utilities" means privately or publicly owned entities that provide electricity, natural gas, water and sewer, and telecommunication services to the public. (2) "Private Developer' means any individual or entity proposing to construct projects residential, commercial, or industrial in nature that include construction in the public right of way. (3) "Moratorium" means the prohibition of any cutting, digging, potholing, or other disturbance of any City street surface, including arterial streets, local streets, and alleys that is imposed by this Section. (4) "City Street Pavement" means all street classifications, including but not limited to arterial streets, local streets, and alleys. (c) Moratorium on cutting or excavating street pavement. (1) Newly constructed, reconstructed or resurfaced City Street Pavement shall not be cut or excavated for a period of five (5) years, subject to exceptions below. Newly constructed, reconstructed or resurfaced City Street Pavement is defined as any installation that adds to the structural capacity Or din.vu:r. No. NS %%N Page 2 of L City Council 6-2 7/6/2021 brs 6/4/21 or life of the pavement of any street resulting from placing one (1) inch thickness or more of new asphaltic or cementitious materials. (2) Newly surface scaled City Street Pavement shall not be cut or excavated for a period of three (3) years, subject to exceptions below. Newly surface sealed City Street Pavement is defined as any treatment that adds to the structural capacity, life of the pavement, or aesthetic value of any street resulting from applying less than one (1) inch thickness of asphaltic or cementitious materials overlaying, filling existing surface defects, or stabilizing base or subbase layers. (3) The City Engineer or his or her authorized representative may permit newly constructed, reconstructed, resurfaced, or surfaced sealed City Street Pavement to be cut or excavated prior to expiration of the respective Moratorium period above. The City Engineer or his or her authorized representative may approve or conditionally approve any such exception if one or more of the following cases are present: A. Emergencies which endanger life, property, or public health and safety. R. Restoration of essential utility service. C. Other situations deemed by the City Engineer or his or her authorized representative to be in the best interest of the general public. Exceptions made will require special restoration to mitigate the excavation which impacts the structural capacity, life of the pavement, or aesthetic value of any City Street Pavement. The City Engineer or his or her representative shall cause to be made available an accompanying set of details which mitigate the excavation or cuts. (d) Start of the Moratorium time period. The Moratorium shall begin on the date that the City accepts the newly constructed, reconstructed or resurfaced City Street Pavement, or newly surface sealed City Street Pavement, as documented by the City. Such records and documents shall be made available by the City upon request. (e) Notice of Moratorium to Utilities and Private Developers. The City shall provide notice of the Moratorium by making available a list of City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed on the City O, dinon,:r. No NS %%N page 3 of e City Council 6-3 716/2021 brs 6/4/21 website to provide Utility Operators and prospective Private Developers time to arrange for excavation or street cuts prior to the noticed City Street Pavement that will be newly constructed, reconstructed, resurfaced, or surface sealed. (1) City Street Pavements that will be newly constructed, reconstructed, resurfaced, or surface sealed will be published on the City's website and made available for inspection in the Public Works Agency at least twelve (12) months prior to the beginning of such construction. (2) For Private Developers who have received conditions of approval from the Public Works Agency, it shall he the Private Developer's responsibility to be informed of any updated Moratorium locations that may impact their proposed development using the means described above- (f) Streets where Moratorium not in effect. Cuts or excavations performed on City Street Pavement not subject to this Moratorium shall be subject to the following requirements: (1) For new utilities' service laterals, the street opening limits shall comply with City of Santa Ana Standard Plans and policies for purposes of connecting the service lateral. Notwithstanding the foregoing, the lateral itself shall be bored, jacked or open -cut installed from the property line of the property being serviced. (2) All street openings, trenching, backfilling and resurfacing shall at all times comply with the City of Santa Ana Standard Plans, as specifically approved in writing by the City Engineer or his or her authorized representative. (3) All street openings shall be subject to the then -current street work permit requirements and fees. (g) Appeal. An applicant shall have the right to appeal any decision of the City Engineer or his or her authorized representative under Section 33-54 pursuant to the provisions of Chapter 3 of the Santa Ana Municipal Code. SECTION 3. The City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. Or din.vu:r. No. NS %%N Page 4 of L City Council 6-4 7f6/2021 brs 6/4/21 SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion [hereof irrespective of the fact that any one or more sections, subsections, sentence, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its adoption. SECTION 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2021. /WATSMUSITINIFE'UWfIxel"M A Sonia R. Carvalho, City Attorney By: Brandon Salvatierra Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor Ord.' . "' r. No. NS %%N Page s of L City Council 6-5 7/6/2021 brs 6/4/21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Or din.vu:r. No NS %%N Page G of L City Council 6-6 7/6/2021 jmf 6-15-21 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-472 AND 41- 472.5 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE A CONDITIONAL USE PERMIT FOR PROCESSING FACILITIES AS DEFINED IN SANTA ANA MUNICIPAL CODE SECTION 41-1250 THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows. A. On January 19, 1988, the City Council adopted Ordinance NS-1946, adding Article XIV to Chapter 41 of the Santa Ana Municipal Code (SAMC) to regulate recycling facilities. B. Ordinance NS-1946 established definitions, zoning, regulations, and operational standards for a variety of recycling -related uses, including recycling facilities, collection facilities, and processing facilities. C. On October 6, 1997, the City Council adopted Ordinance NS-2333, amending various sections of the SAMC regarding recycling regulations to update and bring the City's existing recycling facilities ordinance into conformance with State laws in place at the time. Ordinance NS-2333 remains in full effect. D. Pursuant to SAMC Section 41-1250 (d), a Processing Facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end - user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and rem an ufactu ring. Such facilities are distinguished between Light Processing Facilities or Heavy Processing Facilities, as defined in SAMC Sections 41-1250 (d) (1) and 41-1250 (d) (2), respectively. E. A Light Processing Facility is permitted as a use in the Light Industrial (M- 1) and Heavy Industrial (M-2) zoning districts pursuant to Sections 41-472 (y) (3) and 41-489 of the SAMC, respectively, without the need for a conditional use permit. F. SAMC Section 41-1 (Purpose) articulates the purpose and intent of the City's Zoning Code, that because of the necessity of segregating the location of Ordinance No. NS-XXX Page 1 of 9 City Council 7-1 7/6/2021 jmf 6-15-21 residences, businesses, trades and industries; and regulating the use of buildings, structures, and land, and regulating the location, height, bulk, and size of buildings and structures, the size of yards and other open spaces; the city is divided into land - use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The City's zoning regulations are considered necessary in order to: (a) encourage the most appropriate use of land: (b) conserve and stabilize property value, (c) provide adequate open spaces for light and air and to prevent and fight fires; (d) prevent the undue concentration of population, (e) lessen congestion on streets and highways, and (f) promote the health, safety and the general welfare of the people, all as part of the General Plan of the City. G. The absence of a Conditional Use Permit requirement for Light Processing Facilities is inconsistent with the goals expressed by SAMC Section 41-1 (Purpose) in that discretion by the Planning Commission and City Council cannot be exercised to ensure that the location and operation of such facilities are compatible with the scale, character, and nature of surrounding properties and neighborhoods as specified in SAMC Sections 41-1 (a), (b), (e), and (f). H. Heavy Processing Facilities are currently required to obtain approval of a Conditional Use Permit and are only permitted in the City's Heavy Industrial (M-2) zoning district, pursuant to SAMC Section 41-489.5. I. Due to the City's age, development patterns, and past zoning practices, there exist multiple areas of the City where Industrial (M-1 and M-2) zoning districts directly abut residentially -zoned or used properties, now identified as Environmental Justice Communities pursuant to California Senate Bill (SB) 1000. These Communities include the Delhi, Logan, Cornerstone Village, Lacy, French Park, Artesia Pilar, Casa Bonita, and other residential areas near Harbor Mixed -Use Transit Corridor Specific Plan (SP-2), and also the Santa Anita and Mar -Les neighborhoods that are not part of an established Neighborhood Association. J. There currently exist 12 Light Processing Facilities in the City. Of these, six are located in the Light Industrial (M-1) zoning district, five of which are operating without a Conditional Use Permit. Out of the 12 light processing facilities, 11 are within 1,000 feet of property zoned or used for residential purposes. K. Due to the nature of their operations, Light Processing Facilities often operate in outdoor settings, creating dust, noise, odor, and negative aesthetic impacts on surrounding properties and neighborhoods that generate calls for code enforcement and police services. Since 2010, the Code Enforcement Division has received and reviewed 48 complaints for such facilities. The nature of these complaints includes unpermitted storage and construction; sanitation, health, or safety concerns; operating beyond approved operations or operating standards Ordinance No. NS-XXX Pagc 2 of 9 City Council 7-2 7/6/2021 jmf 6-15-21 specified by the SAMC; outdoor business activity; debris, trash, and litter; graffiti; homeless encampments, and unpermitted or excess signage. L. The amendments proposed by this Ordinance are consistent with numerous Goals and Policies of the existing General Plan. These include- 1. Land Use Element Goals 1 (Promote a balance of land uses to address basic community needs), 3 (Preserve and improve the character and integrity of neighborhoods), and 5 (Ensure that the impacts of development are mitigated); 2. Noise Element: Goal 1 (Prevent significant increases in noise levels in the community and minimize the adverse effects of currently -existing noise sources). 3. Public Safety Element: Goal 1 (Preserve a safe and secure environment for all Santa Ana residents and workers); and 4. Urban Design Element Goals 1 (Improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment) and 2 (Improve the physical appearance of districts through development that is proportional and aesthetically related to its district setting). M. The City is in the process of comprehensively updating its General Plan. Proposed new or updated Elements of the General Plan include Community, Economic Prosperity, Noise, Safety, Land Use, and Urban Design. These proposed new or updated Elements contain draft policies that have been identified and thoroughly reviewed by members of the Santa Ana community through surveys, workshops, meetings, and public hearings. Consistent with SIB 1000, the City is considering changes to its goals, policies, and actions to take into consideration the topic of environmental justice that will improve existing and future conditions for all of Santa Ana, with a focus on those in Santa Ana in greatest need of help and protection. These draft policies are intended to improve and maintain a high quality of life for residents, businesses, and visitors of Santa Ana and address deleterious land uses such as Processing Facilities, both Light and Heavy, in the City. N. If Light Processing Facilities remain a use permitted in the Industrial (M-1 and M-2) zoning districts without a conditional use permit, they will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. Such uses may continue to locate in the City's Industrial zoning (M-1 and M- 2) districts without appropriate and thorough review by the City's Planning Commission and City Council. Such uses would remain subject to the City's administrative review process for administrative development projects, Ordinance No. NS-XXX Page 3 of 9 City Council 7-3 7/6/2021 jmf 6-15-21 pursuant to Article V, Division 3 of Chapter 41 of the SAMC. This administrative review process ensures consistency with adopted development standards and design guidelines, but (1) does not allow the City to evaluate each submitted application for consistency with surrounding properties and neighborhoods, as well as the General Plan, and to therefore recommend approval or denial of such applications subject to a discretionary review process, and (2) prevents the Planning Commission and City Council from imposing conditions of approval to ensure compatible and harmonious operations of such facilities with surrounding properties and neighborhoods. 2. Operations typical of Light Processing Facilities, which include preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing, are known to have detrimental effects on surrounding properties due to the noise, odor, vibration, vermin infestation, visual, and traffic impacts caused by inbound and outbound truck movements to and from such facilities. The absence of a Conditional Use Permit requirement for such facilities severely circumscribes the City's ability, through its administrative review process, to impose conditions on such operations that would otherwise protect the health, welfare, and safety of residents and visitors to properties abutting or in the vicinity of Light Processing Facilities. O. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the enactment of this Ordinance. The absence of this Ordinance will create a serious threat to the orderly and effective implementation of any code amendments, General Plan amendments or specific plan amendments which may be adopted by the City. Light Processing Facilities permitted by -right may be in conflict with or frustrate other provisions of the SAMC intended to guarantee or preserve the public peace, health, or safety. Moreover, permitting such facilities without requiring a Conditional Use Permit would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. P. On May 4, 2021 the City Council unanimously adopted Urgency Ordinance No. NS-3004 amending sections 41-472 and 41-472.5 to the identical effect prescribed by this Ordinance, ZOA No. 2021-01. In accordance with California Government Code section 65858, Urgency Ordinance No. NS-3004 is an interim ordinance that remains effective for up to 45 days from the date of its adoption (subject to extension) to allow the Planning Commission further opportunity to study the matter. Q. On May 25, 2021 the Planning Commission held a duly noticed public hearing on ZOA No. 2021-01 and recommended by a vote of 6:0:1 (Calderon Ordinance No. NS-XXX Page 4 of 9 City Council 7-4 7/6/2021 jmf 6-15-21 absent) that the City Council approve ZOA No. 2021-01 and adopt the recommended ordinance. R. The Request for City Council Action for this ordinance dated June 15, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. S. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with State or Federal law, nor to otherwise permit any activity that is prohibited under the California Beverage Container Recycling & Litter Reduction Act or other applicable law. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project', as defined in Section 15378 of the CEQA Guidelines. Section 3. Section 41-472 of Article III, Division 18 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in full as follows. Sec. 41-472. - Uses permitted in the M1 district. The following uses are permitted in the M1 district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished product, excluding those uses specified in section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. Ordinance No. NS-XXX Page S of 9 City Council 7-5 7/6/2021 jmf 6-15-21 Q) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m)Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity- (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w)Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities riot in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Passenger transportation services. Section 4. Section 41-472.5 of Article III, Division 18 of Chapter 41 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 41-472.5. - Uses subject to a conditional use permit in the M1 district. The following uses may be permitted in the M1 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) per cent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. Ordinance No. NS-XXX Page 6 of 9 City Council 7-6 7/6/2021 jmf 6-15-21 (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Ealing establishments with drive -through window service. (h) Petroleum and gas storage- (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) per cent of the gross floor area. (1) Light processing facilities and Hcavy processing �^^�, e5_ facilities. (m)Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41- 199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Indoor sport facility, subject to development and operational standards set forth in section 41-482. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby Ordinance No. NS-XXX Page 7 of 9 City Council 7-7 7/6/2021 jmf 6-15-21 declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: 141. T�� hn M. Funk Sr. Assistant City Attorney /G\ =1103 Vicente Sarmiento Mayor Council members: NOES: Councilmembers' ABSTAIN. Council members: NOT PRESENT: Councilmembers: 2021. Ordinance No. NS-XXX Page 8 of 9 City Council 7-8 7/6/2021 jmf 6-15-21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Pago 9 of 9 City Council 7-9 716/2021 Community Development Agency www.santa-ana.org/cd Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Appropriation Adjustment of $81,915 Additional Community Development Block Grant Funds AGENDA TITLE: Approve an Appropriation Adjustment of $81.915 to the Fiscal Year 2021-22 Budget for the Community Development Block Grant Program (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $81,915 in additional Community Development Block Crant funds from the U.S. Department of Housing and Urban Development in revenue account and appropriating same to expenditure account for Fiscal Year 2021-22. 2. Approve a new Fiscal Year 2021 CDBG Program Budget to include an increase of $65,532 to our Community Development Block Grant, Single Family Rehabilitation Projects and a proportional increase in our allowable administrative costs of $16,383. DISCUSSION On February 25, 2021, the City received an official notice from the U.S. Department of Housing and Urban Development (HUD) with our Fiscal Year (FY) 2021 allocations for our Community Development Block Grant (CDBG), HOME Investment Partnerships, and Emergency Solutions Grant (ESG) Programs. The FY 2021 allocations were as follows: CDBG — $5,558,720, HOME — $1,706,231, and ESG — $489,14 1. City Council approved the program budgets and appropriations for these funds on May 4, 2021. However, on May 13, 2021, HUD sent a new official notice informing the City that there was a revised calculation of our FY 2021 CDBG allocation. Specifically, our FY 2021 CDBG allocation increased from $5,558,720 to $5,640,635, equal to a difference of $81,915. To allocate these additional funds, staff is recommending approval of an appropriation adjustment to recognize these new funds in our FY 2021 CDBG Program Budget and approval of a new FY 2021 CDBG Program Budget to include an increase of $65,532 to our Single Family Rehabilitation Projects and a proportional increase in our allowable Administrative costs of $16,383. City Council 8-1 7/6/2021 Appropriation Adjustment of $81,915 Additional Community Development Block Grant Funds July 6, 2021 Page 2 FISCAL IMPACT Approval of the appropriation adjustment will recognize $81,915 in the Community Development Block Grant revenue account (No. 13518002-52000) for expenditure as follows: Fiscal Grant Accounting Fund Accounting Unit, Year Year Unit -Account Description Account Amount Description Community CDBG FY 21- 2021 13518780- Development Administration, $16,383 22 62300 Block Grant Contract Services - Professional FY 21- 13518782- Community CDBG Housing, 22 2021 69135 Development Payment to $65,532 Block Grant Subagent Total $81,915 1. HUD's Original FY 2021 Allocation Letter from February 25, 2021 2. HUD's Corrected FY 2021 Allocation Letter from May 13, 2021 Submitted By: Steven Mendoza, Assistant City Manager Approved By. Kristine Ridge, City Manager City Council 8-2 7/6/2021 EXHIBIT 1 U.S. DLI'ARI MEN 1 Uh HOUSING AND URBAN DLVLLDI'MLN'r WASIIINCTOV. DC 20410-7000 p %W9 TANT S CCRI'TN2Y IOR ( ONIMIAI'I'Y I•I nNNINO AND D!':\'I'I OPM1'\ I February 25, 2021 I he I lonorable Vicente Sannicnto Mayor of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701-4058 Dear Mayor Sanntenlo: 1 am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2021 allocations for the Office of Community Planning and Development's (CPD) formula programs, which provide filnding for housing, community and cc onornic. devclopmcnt ac nvitics, and assistance for low- and noderate-ntcotne persons and special needs populalfons across the COUntty. Public Law l lb-2b0 includes FY 2021 funding for these programs. Your jurisdiction's 1'Y 2021 available amounts are Iis follows: Con-ununity I)cvcloprrient Block Grant (CIA16) S5,558,720 Recover Housing Program (RHP) $ 0 HOMELivesu-nentPartnerships (HOME) S1,706,231 Housing Opportunities for Pcrsons With AIDS (HOPWA) $ 0 Lincrgmey Solutions Grant (LSG) $489,141 Individuals and families across the u?trnLry are strugglin.- in the lace of f1JUr converging crises: the COV1D-19 pandemic, The resulting economic crisis, climate change, and racial inequity. Through these bedrock programs, CPT) seeks to develop strong conununitics by promoting irate rated approaches that provide decent housing and suitable living environments while expanding economic opportunities for low- and moderate-ineome and special needs populations, including people living with I IIV/AIDS. We urge grantees to m-ategically plan the disbursement of grant hinds to provide relief for those affected by these converging crises and help move our country toward a robust recovery. Based on yourjurisdiclion's (A)BO allocation for this year, you also have S17,793,600 in available Section 109 bon-owmg authority_ Since Section 108 loans are federally guaranteed, this program can 1Cvc11tgc your jurisdiction'; existing CDBG funding to acu3310w-intcrest, lung -term financing to invest in Opportunity Zones or other target areas in your jurisdiction. Because the funds are not appropriated by Congress, Housing Trust FLaid (HTF) formula allocations will be announced at a later date under separate cover. City Council 8-3 7/6/2021 www.hud.g0\' espanol.hud.rov EXHIBIT 1 HUD continues to emphasize the importance of effective performance measurements in all its formula grant programs. Proper reporting in the Integrated Disbursement and Information System (IDTS) is critical to ensure grantee~ comply with prop am requirements and policies, provide demographic and income inforination about the persons that benclited from a community'; activities, and participate in 11UD-directed grantee monitoring. Your ongoing aucntion to ensuring complete and accurate repotting ofpertorni mce nrcasuremem data continues to be an invaluable resource Willi regard to the inrpacl of these lirmrula uraou prograuns. he Office ofContrrttttrity Planning and Development is looking forward to working with you to promote simple steps Ihat will enhance the perlornrance of these critical programs and suu essfully meet the challenges that our e011111111111ricS face Tf you or any member of your staff have questions, please contact your local CPD Office. Director. S inccrcl y, ,lames ArthurJemisnn II Principal Deputy Assistzurt Secretary t6i Community Plaruting and Dcvdopntcnt City Council 8-4 7/6/2021 EXHIBIT 2 llllll� `� ()I I R I UI-COMMUNITY I'I ANNING 1NI1 DI:VIII 11rM I NI' U.S. DEPAIL'1'MEN 1 Uh HOUSING AND LIILBAN ULVLLUI'MLNT WA4IIINCTOK DC 20410-7000 May 13, 2021 I he I lonorable Vicente Sannicnto Mayor of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701-4058 Dean- Mayor Sannlenlo: 1 am pleased to inform you of your jurisdiction's Fiscal Year (FY) 2021 allocations for the Office of Community Planning and Development's ((-'PT)) formula programs, which provide hording for housing, community and cL onornic. development acuvitics, and assistance for low- and moderate -income persons and special needs populations across the COUntty. Public Law l lb-2b0 includes FY 2021 finding for these programs. Please note that this letter reflects a revised enmount for the Community Development Block ( rant and Section 108 borrowing Fmthoriry. Your juri.sdiction's FY 2021 available amounts areas follows: Community Development Block Grant (CI)B(-j) $5,640,635 Recovery Housing Program (RHP) s0 HOME hivestment Partnerships (HOME:) $1,706,231 1lou.sing Opportunities for Persons With AIDS (I IOPWA) $0 Emergency Solutions Grant (ESG) $499,141 Individuals and families across the country are Struggling in the face of Rn.1r converging criscs: fire COVID-19 pandemic, the resttlting economic crisis, climate change, and racial inctluity Through these bedrock programs, CPD seeks to develop strong communities by promoting integrated approaches that provide decent housing and suitable living envirotllllents while expanding economic opportunities for low- and moderate -income and special needs populations, including people. living with HIV/ATDS. We urge grantecS to strategically plan the di.sbttrSCrnetrr of grant funds to provide relief for those affected by these eotiverging crises and help move our country toward a robust recovery. Based on your jurisdictioi i's CDBG allocation tot this year, -you also have S 18,203,175 in avai [able Section 108 borrowing authority. Since Section 108 loans are federally guaranteed, this program can leverage yourjuri x1iclion's existing (I)HO litnding to access low -interest, long-lenm financing Lo inveSt in Opportunity Zones or other target areas in your jLu-isdieLion. HUD continues to emphasize the importance of effective perfznmlance nreasurentents in all its formula grant programs. Proper reporting in the Tntegrated Disbutsenrcnt and Tnfornration System (IDIS) is critical to ensure grantees comply with program requirements and policies, provide demographic and income information about the persons that benefited from a cornrnunity's activities, and participate in TTUD-directed grantee monitoring. Your ongoing attention to ensuring City Council 8-5 716/2021 www.hud.goN, espanol.hud.rjov EXHIBIT 2 complete and accurate reporting of performance measurement data continues to be an invaluable resource with regard to The impact of these formula grant programs. The Office of Community Planning and Development is looking forward to working with you to promote simple steps that will enhance the performance of these critical programs and Successfully meet the challenges that our ammutnities face- If you or any member of your Staff have questions, please contact your local CPD O111ce Director. Sincerely, iVIP James Arthur Jemison II Principal Deputy Assistant Secretary lot- Community Planing and. Development City Council 8-6 7/6/2021 Community Development Agency www.santa-ana.org/cd Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: First Amendment to Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $14,026,593.90 AGENDA TITLE: Approve a First Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $14 Million of Federal Emergency Rental Assistance Program Money Allocated from the Department of Treasury (Non -General Fund) RECOMMENDED ACTION 1. Approve a First Amendment to the 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. 2. 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 First Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an appropriation adjustment recognizing an additional allocation of Emergency Rental Assistance Program funds from the U.S. Department of Treasury in the amount of $14,026,593.90 in revenue account and appropriating same to expenditure account. DISCUSSION On February 16, 2021, City Council approved the Emergency Rental Assistance Program spending plan and appropriated $9.8 million of federal Emergency Rental Assistance Program money allocated to the City from the Department of Treasury (Exhibit 1). The source of the funds came from the Consolidated Appropriations Act of 2021 that was signed into law on December 27, 2020. These funds are generally referred to as ERA1 funds. Following approval of the Emergency Rental Assistance spending plan, on March 11, 2021, the American Rescue Plan Act of 2021 was signed into law and included $21.55 billion in Emergency Rental Assistance Program funding. The City of Santa Ana received a direct federal allocation of $14,026,593.90. These funds are generally referred to as ERA2 funds. City Council 9-1 7/6/2021 First Amendment to Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $14,026,593.90 July 6, 2021 Page 2 In accordance with the statutory provisions in the American Rescue Plan Act of 2021, the Emergency Rental Assistance Program (ERAP) made available $21.55 billion to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic. The funds were provided directly to states, U.S. territories, local governments, and Indian tribes. Grantees must use the funds to provide assistance to eligible households through existing or newly created rental assistance programs. Not more than 15 percent of awarded funds may be used for administrative costs attributable to providing financial assistance, housing stability services, and other affordable rental housing and eviction prevention activities. The remainder of awarded funds must be used for direct financial assistance, including: rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Funds generally expire on September 30, 2025. As an eligible grantee with a population greater than 200,000, the City applied for a direct allocation of these funds from the Department of Treasury on May 10, 2021, which included an agreement to comply with the statutory requirements summarized above (Exhibit 2). On May 13, 2021, our application was approved by the Department of Treasury. Under ERA2, an "eligible household" is slightly different than ERA1 and defined as a renter household in which: 1. One or more individuals within the household has qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial hardship during or due, directly or indirectly, to the coronavirus pandemic; 2. One or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability; and 3. The household is a low-income family (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). ERA2 funding is restricted money and the City must account for it in a special revenue fund. Accounting staff has established Fund 177 for this purpose. Staff recommends appropriating the full amount of the ERA2 allocation, due to the short timeline for spending. First Amendment to ERAP Spending Plan This First Amendment to the ERAP Spending Plan achieves three things. 1) it recognizes and appropriates the $14 million in additional ERA2 funds received from the Department of Treasury; 2) it conforms to the statutory requirements of this new funding; and 3) it allows staff to double our capacity to administer these ERAP funds as efficiently and effectively as possible. Specifically, staff recommends allocating $11,922,604.05 to our City Council 9-2 7/6/2021 First Amendment to Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $14,026,593.90 July 6, 2021 Page 3 CARES for Tenants Program that we have been administering since May 2020. The remaining $2,103,988.95 (15% of the total grant) will be allocated to the administration of the CARES for Tenants Program. The City has over 366 applicants waiting for assistance through our CARES for Tenants Program and 456 applications are currently under review by the four providers who have been contracted by the City to administer the program. While various other emergency rental assistance programs across the country have opened and closed their applications, the City has kept the application process continuously open for new applicants since August 17, 2020. Since the City began administering ERA1 funding, a total of 403 families have been recertified for additional assistance, 352 new families have been assisted, and $3,122,729 has been approved for payment by the four providers. However, of the $3.1 million, only $1.8 million has actually been paid by the United Way of Orange County because property owners are generally unresponsive to requests for their W-9. In order to increase the City's efficiency to administer these funds, staff will be contracting with at least eight providers to begin processing applications. This will double the capacity of the City to administer these ERAP funds as expeditiously as possible. The CARES for Tenants Program provides emergency rental relief for qualified, low- income households who are not able to pay their rent due to the Coronavirus. Low-income Santa Ana renters impacted by the Coronavirus may apply online to receive full payment (100%) of all their rental arrears / past due rent owed to their landlord since April 1, 2020. With the $14 million in additional funds, if the City Council does not change the core requirements of the CARES for Tenants Program, the City will be able to pay off 100% of the rental arrears / past due rent for everyone who has applied for assistance to date, based on the information reported on their original applications. Families who have already applied or been approved for up to $5,500 or $3,000 in emergency rental assistance since May 1, 2020 (previous participants), will also be considered for additional assistance up to their total rent owed (up to a maximum of 15 months of rental arrears) since April 1, 2020 after re -certifying their eligibility and submission of the additional verification of income and at risk of homelessness documentation. Re -certification must be documented before an additional payment will be sent to the landlord. Our CARES for Tenants Program already conforms to the new statutory requirements of the ERA2 funds. Staff is attaching the Program Guidelines, Frequently Asked Questions and Flyers for the CARES for Tenants Program (Exhibit 3, 4 and 5). These documents have also been translated into Spanish and Vietnamese. Staff have been advertising the program as widely as possible by sending out monthly Nixles, monthly text messaging, and providing two workshops a month after regular business hours in English, Spanish and Vietnamese. City Council 9-3 7/6/2021 First Amendment to Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $14,026,593.90 July 6, 2021 Page 4 This first amendment to the ERAP spending plan will successfully assist as many families as possible if there are no major changes to the application requirements that would require staff to redesign and relaunch a new application for our residents. This first amendment will allow staff to assist all of the families who have already applied for emergency rental relief and process those applications currently under review. State Allocation for the City of Santa Ana On January 28, 2021, the California Legislature passed the COVID-19 Tenant Relief Act (SB 91), extending eviction protections through June 30, 2021 and creating a mechanism to deploy $2.6 billion in Federal Emergency Rental Assistance Program (ERAP) resources to assist struggling tenants and landlords impacted by the economic damage of COVID-19. On February 16, 2021, staff recommended entering into an Option C Memorandum of Understanding with the State to self-administer our funds and the State would administer their funds designated for the City of Santa Ana. This is where, if a City chooses to self-administer its federal allocation but chooses to not conform their local program to the state requirements, it would not be eligible for a State block grant. Landlords and tenants located in our jurisdiction could still apply to the State Program for a proportionate share of the state funds, but the responsibility to manage duplication of benefits will rest with the City. On May 10, 2021, Governor Newsom announced that the State would begin paying rental housing providers 100% of the rent owed (instead of 80% and requiring landlords to forgive the remaining 20%). This change requires legislative approval and an amended form of SIB 91. Following this announcement, staff revised our CARES for Tenants Program to begin paying 100% of the rent owed to match the State and relaunched the program on June 1, 2021. In addition, staff are in the process of negotiating with the State to enter into an Option B Memorandum of Understanding in order to receive a State block grant of $10,633,695 in State ERA1 funds and a to -be -determined amount in State ERA2 funds allocated to the State of California by the Department of Treasury and designated for the City of Santa Ana. Staff will be returning to City Council after the Option B MOU is ready for City Council approval with a Second Amendment to the ERAP Spending Plan and a request to appropriate over $10.6 million in additional ERAP funds allocated to the City by the State of California. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $14,026,593.90 in the Emergency Rental Assistance Program grant revenue account (no. 17718002-52008) for expenditure as follows: City Council 9-4 7/6/2021 First Amendment to Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $14,026,593.90 July 6, 2021 Page 5 Fiscal Year Accounting Unit Account Fund Description Accounting Unit,Account Description Amount FY 21-22 17718701- Emergency Emergency $14,026,593.90 (July -Dec.) various Rental Rental Assistance Assistance Program Program 2, Various Total 1 $14,026,593.90 The spending plan above is only an estimate and is subject to change. EXHIBIT(S) 1. Staff Report from February 16, 2021 2. Agreement for ERA2 Funds 3. CARES for Tenants Program Guidelines 4. CARES for Frequently Asked Questions 5. CARES for Tenants Program Flyer Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 9-5 7/6/2021 EXHIBIT 1 Community Development Agency https://www.santa-ana.org/cd Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 16, 2021 TOPIC: Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment AGENDA TITLE: 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) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognising 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 (No. 17718700-52008) and appropriating same to expenditure account (Nos. 17718700-various). 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 arnount 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. DISCUSSION On December 27, 2020, the federal Consolidated Appropriations Act of 2021 was signed into law and included $25 billion in Emergency Rental Assistance Program funding. The City of Santa Ana received a direct federal allocation of S9,880,391.30. This $9.8 million allocation is separate from the $28.6 million of state CARES Act money passed -through to the City by the State of California and appropriated by City Council on August 4, 2020. It is also separate from the $2,936,476 of federal CARES Act money passed through to the City by the County of Orange and appropriated by the City Council City Council 9-6 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 2 on July 7, 2020. Finally, it is also separate from the $21.6 million in federal and state CARES Act funding that the City has received in various installments and appropriated on April 21, 2020, August 18, 2020, and December 1, 2020. In accordance with the statutory provisions in the Consolidated Appropriations Act of 2021, the Emergency Rental Assistance Program (ERAP) makes available $25 billion to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic (Exhibit 1). The funds were provided directly to states, U.S. territories, local governments, and Indian tribes. Grantees must use the funds to provide assistance to eligible households through existing or newly created rental assistance programs. Not less than 90 percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Remaining funds are available for administrative costs. Funds generally expire on December 31, 2021. An "eligible household" is defined as a renter household in which at least one or more individuals meets the following criteria. 1. Qualifies for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; 2. Demonstrates a risk of experiencing homelessness or housing instability, and 3. Has a household income at or below 80 percent of the area median. Eligible households may receive up to 12 months of assistance, plus an additional three months if the grantee determines the extra months are needed to ensure housing stability and grantee funds are available. The payment of existing housing -related arrears that could result in eviction of an eligible household is prioritized. Assistance must be provided to reduce an eligible household's rental arrears before the household may receive assistance for future rent payments. Once a household's rental arrears are reduced, grantees may only commit to providing future assistance for up to three months at a time. Households may reapply for additional assistance at the and of the three-month period if needed and the overall time limit for assistance is not exceeded. A surrirnary of information on the Emergency Rental Assistance Program by the National Community Development Association (NCDA) can be found within Exhibit 2. The Frequently Asked Questions for the program can be found within Exhibit 3. As an eligible grantee with a population greater than 200,000, the City applied for a direct allocation of these funds from the Department of Treasury on January 12, 2021, which included an agreement to comply with the statutory requirements summarized above (Exhibit 4). On January 21, 2021, our application was reviewed and approved and we received an allocation of $9,880,391. CARES funding is restricted money and the City must account for it in a special revenue fund. Accounting staff has established Fund 177 for this purpose. Staff recommends City Council 9-7 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 3 appropriating the full amount of the CARES allocation, due to the short timeline for spending. Proposed ERAP Spending Plan Based on professional staff recommendations, the proposed spending plan below achieves two things. First, it builds upon our results and success to date with our existing CARES for Tenants Program. And second, it conforms to the statutory requirements of this new funding source. This is the approach staff recommends to most efficiently and effectively spend this $9.8 million in additional funding before the end of the year. Specifically, staff recommends allocating $8,892,352 to our CARES for Tenants Program that we have been administering since May 2020. The remaining $988,039 (10% of the total grant) will be allocated to administration of the program. The City has over 1,100 applicants waiting for assistance through our CARES for Tenants Program; staff has kept the applications open for new applicants since August 17, 2020. The CARES for Tenants Program currently provides a one-time emergency rental assistance payment of $3,000 per eligible household and the City has assisted over 1,238 families with emergency rental relief so far. With these additional funds, staff recommends to increase this one- time payment to S5,500 per eligible household. If the City Council does not change the core requirements of the CARES for Tenants Program, staff will be able to assist all 1,100 families waiting for assistance, who have already applied, and over 516 additional families. A flat assistance amount of $5,500 per household was calculated based upon the remaining number of households to be served with ERAP funding, the average monthly rent in the City of Santa Ana, and an analysis from Moody's Analytics and the Urban Institute. Firs[, [he average cost of rent was established for the following housing types: studios, one -bedroom, two -bedroom, three -bedroom, and four -bedroom apartments. The average cost of rent for each type of housing was calculated based on three sources. HUD Fair Market Rents for the Santa Ana/Anaheim/Irvine Metroplex; a survey of Santa Ana landlords who participated in the 2020 "CARES for Landlords" program; and the average rent costs in Santa Ana based on estimates from a popular apartment search platform. The average monthly rent across all housing types was $1,983, which was rounded up to $2,000 per month. Based on this amount, it was determined that approximately 1,334 households could be served with three months of rent, at $6,000 each. This amount was reduced to $5,500 per household based on data published by Moody's Analytics and the Urban Institute, which indicates that the typical delinquent renter owes $5,600 in rental payments across the country. A total of 1,616 households would receive $5,500 each in Emergency Rental Assistance funds. This amount is less than the County's Emergency Rental Assistance Program which provides $10,000 per household, but our funding will go further to serve more families per dollar. In addition, staff launched our Santa Ana Vital Eviction Solutions (SAVES Program) on February 1, 2021 with over $5.5 million to provide families with additional eviction prevention assistance. City Council 9-8 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 4 Our CARES for Tenants Program already conforms to the new statutory requirements of the ERAP funds. The components that staff need to add to the program to conform includes the following: • Provision to allow for payments directly to tenants if a landlord does not agree to accept such payment from the City after the City documents outreach to the landlord. • A prioritization (sorting of existing applications) for very low-income families who earn less than 50 percent of the area median income. • A requirement to ensure that the City's payment goes towards the family's rental arrears first before current or future rent. • A requirement that a family demonstrate a risk of homelessness or housing instability by providing a past due utility or rent notice, a self -certification of current housing -cost burden; a self -certification of doubling or tripling up with other households, and/or a rent ledger from the landlord documenting an accumulation of rent. A current requirement in the Frequently Asked Questions (FAQs) published by the Department of Treasury to verify the income of each family we assist as opposed to allowing the family to self -certify their income. (There is an effort by housing advocacy organizations across the country to recommend the Department of Treasury change this requirement to reduce the administrative burden on grantees and participants. Preliminary indications show that the Department is going to update the FAQs to respond to this recommendation.) Staff is attaching the draft Program Guidelines and Frequently Asked Questions for the CARES for Tenants Program that has been revised to conform with the new ERAP funding (Exhibit 5 and 6). The Program Guidelines and Frequently Asked Questions are provided in redline format for City Council to see what provisions were changed in order to comply with this new source of one-time emergency rental assistance funding. The draft Program Guidelines and Frequently Asked Questions are subject to further revision by staff as needed in response to this pandemic. This spending plan will be successful to assist as many families as possible if there are no major changes to the application requirements that would require staff to relaunch a new application process for our residents. This spending plan will allow us to assist an additional 1,616 families with emergency rental relief. For families that have already received assistance in the amount of 53,000, those families will be able to recertify for additional assistance up to the $5,500 of assistance per family. This will change staff's projection of how many new families we will be able assist with these funds. State Allocation for the City of Santa Ana On January 28, 2021, the California Legislature passed the COVID-19 Tenant Relief Act (SB 91), extending eviction protections through June 30, 2021 and creating a mechanism City Council 9-9 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 5 to deploy $2.6 billion in Federal Emergency Rental Assistance Program (ERAP) resources to assist struggling tenants and landlords impacted by the economic damage of COVID-19. Staff is attaching information from the Business, Consumer Services, and Housing Agency that explains these state funds further (Exhibit 7). The State received a direct allocation of ERAP funds from the Department of Treasury for the City of Santa Ana similar to the City. The City received a direct allocation of $9,880,391.30 and the State received an allocation of $10,633,695.01 that must be designated for the City of Santa Aria. This is a total of $20,514,086.31. Regarding the State's allocation for our City, the following are the three options for cities and counties with over 200,000 in population: 1. State Program: Participate in a central state program where both federal allocation and state allocation are managed on behalf of the City or County by a Community Development Financial Institution partnered with the State; or 2. Self -Administer: Receive a state block grant allocation and self-administer the City's share of rental funds in a manner consistent with state and federal program requirements; or 3. Self -Administer and State Administer: If a City or County chooses to self- administer its federal allocation but chooses to not conform their local program to the state requirements, it is not eligible for a block grant. Landlords and tenants located in their jurisdiction may still apply to the State Program (administered by a CDFI) for a proportionate share of the state funds, but the responsibility to manage duplication of benefits will rest with the City or County. To summarize, the State is offering the City three general options: 1) give our $9.8 million back to the State to administer a State Rental Assistance Program; 2) enter into a contract with the State for a block grant of the $10,633,695.01, but with the caveat that we must administer the funds in conformance with the State's Rental Assistance Program, or 3) self-administer our own allocation of $9.8 million and the State will administer their $10.6 million for the City of Santa Ana. The State's Emergency Rental Assistance Program will be administered statewide by the Local Initiatives Support Corporation (LISC) and includes the following key parameters per SB 91: • The State's rental assistance program will provide eligible landlords with immediate relief through the payment of 80% of their tenants' rental arrears accumulated between April 1, 2020 and March 31, 2021. Landlords, in turn, agree to accept this payment as payment in full of any unpaid rent for that period. (This is nearly identical to our CARES for Landlords Program that we administered from August 17, 2020 to December 15, 2020.) • In cases where a landlord chooses not to participate, an eligible tenant may apply to the program for 25% of their rental arrears, which will be paid to the landlord. City Council 9 — 10 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 6 The program also allows for prospective payments of 25% of monthly rent for the months of April, May, and June. Establishes a requirement for funds to be administered in at least three rounds, prioritizing: (1) Below 50% AMI or unemployed for 90 days; (2) Below 80% AMI and in a community disproportionately impacted by Covid-19; (3) Below 80% AMI and not addressed by rounds 1 and 2. Staff has reviewed the three options and recommends Option # 3. Self -Administer and State Administer for three reasons. First, the City currently has 1,100 applicants waiting for assistance through our CARES for Tenants Program. If we were to allocate our funding back to the State (Option # 1), we would need to notify all of these families that they will need to reapply to the State for assistance, sending them through a new application process with LISC. Second, the State's Rental Assistance Program essentially replicates our CARES for Landlords Program which was not as effective as our CARES for Tenants Program to allocate our funds. Specifically, we allocated $2.7 million of our State CARES Act funds to our CARES for Landlords Program in August 2020. By November 2020, we needed to reallocate $1.6 million of this funding back to our CARES for Tenants Program because landlords were not participating in the program as much as expected, even after staff exhausted outreach efforts with three mass mailings to every multi -family property owner in Santa Ana and two workshops to the Apartment Association of Orange County and California Apartment Association. If staff were to request the State's funding be allocated to the City via Option # 2, staff would have to conform the City's local program to the State program requirements and the City would have substantial difficulty in administering the assistance for landlords directly. Finally, the State's Rental Assistance Program does not provide enough assistance per household. Specifically, the State's Program will only pay 25 percent of a tenant's rental arrears. To reach the City's payment of $5,500 per household, the family would have to owe a total of $22,000 in rental arrears (25% of $22,000 equals $5,500). The City's one- time assistance per family will go further to assist Santa Ana residents. Therefore, staff recommends Option # 3 because- 1) staff has 1,100 applicants already waiting for assistance through the City's program; 2) not as many landlords will apply for the State's program based on the City's experience with the CARES for Landlords Program; and 3) the one-time assistance payments of $5,500 per household will go further to assist our residents than the 25 percent payment that the State will be able to provide to each household. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $9,880,391.30 in the Emergency Rental Assistance Program grant revenue account (No. 17718002-52008) for expenditure as follows: City Council 9 — 11 7/6/2021 EXHIBIT 1 Emergency Rental Assistance Program Spending Plan & Appropriation Adjustment February 16, 2021 Page 7 Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 20-21 Emergency Rental Emergency Rental (Feb. -June) 17718700-various Assistance Program Assistance Program, $3,950,000.00 Various FY 21-22 Emergency Rental Emergency Rental (July -Der.) 17718700-various Assislance Program Assistance Program, $5.930.391.90 Various Total $9,880,391.90 The spending plan above is only an estimate and is subject to change. EXHIBIT(S) 1. Statutory Provisions in the Consolidated Appropriations Act of 2021 2. Summary of Information on the Emergency Rental Assistance Program by NCDA 3. Frequently Asked Questions, January 19, 2021 4. Agreement for ERAP Funds 5. Program Guidelines in Redline Format for CARES for Tenants 6. Program FAQs in Redline Format for CARES for Tenants 7. Information from the Business, Consumer Services and Housing Agency on the State's Emergency Rental Assistance Program Submitted By: Steven Mendoza, Assistant City Manager Approved By. Kristine Ridge, City Manager City Council 9 — 12 7/6/2021 EXHIBIT 1 TT T,. U;i-w,: TITLE V—BANKING Suhtitle A —Emergency Rental Assistance 3Vf- SIII. NMNHf:NN1'% NEWAI. AY IYTANCF. Ins i1PPCOPIJAI'Ii1N— City Council 9 — 13 7/6/2021 EXHIBIT 1 TT T,. 1:t:i—Rk4 (1) IN OENEt L.—till[ nC any aloncy al Iho Treaxury of LI Tin Icd tit-dc_ L IT : ap ticd. Il......... ppro_ I" L,d (�nk,n.- r ) , III - I •� . nnd,r Ihi. $35 000 000 006 fo, r." .I yc„.- i0-1 - 2 ItentnccnoN tit Y4,N11E F,IN me rrxMTIIh_ts A ll rKIKAI.umn n, ON n'I ✓,y—c�fLh�_a�n� o Lapp.vpn ,l .d o�ds� par,r- Y�. pL (I1, , :, $�0,066,6 1 if rcacrvC— IA) jT1. :"11 .1'n)0 ��f ,.,d.:jai-it, G.f m:II P p:t,) Rf , nd TT...1 : - rthe, „l it,T,fl 1, (Ild1h �.i Ti.<it.o Rlfo 11.f rT,.�I,.d 's1,�1,,. �-if.�,. r.1:�nd,, r,.l.l,.., I)., (1�„�....,,..- wcallh of (1). Mx(h(,.. Ma ,:, Iaand3 and Anl(r$sn .., time..e nd (RI .$A00,000. 000 of Ill, eny, peyll nrh r1,1 �dL . to rhgihle gf:. Ir `��..- W).-...d fU) Id.ob., I I6e. $1j,00tl fito IGf a(101...5nl- lorary do".61 ed in snbacctinn (hl. (b) PAvn1P,NTs Poi: RBnrTAT- As.5T,,TeX( r — (I'. A.I.ill AI'Il1iN AN i r'.1VMF:N Ii, (] ,I'iII \N I) 11\I'I.n (11' I,.I'A I. (;"VKKNMf:N'I:- 1A'. IN rnvKK�1_—'hhc anwunc appropriated ., nrler pAIAW.I.aph (1) of subaection le) that ren,aioa after the app,catior. of pt,tlnrI,h 12'of arch-.uh+-'roll 4h011 be allcened a..d p:dJ u� �ligibh gra.a.«, din.:.; I,,,] 1 ,uhp:.ra- graph (8) In the aaale manner as Lhe amount appropriated undo aubsxtior. (a)( I ) of Rom...I 60I of the Social Security Act 14 LIS(L Aol) is allocated and pa,d To Steteh and Milt, of local government under aube.ert,m-.i. fb) and ft) of such section. and ahall he subject to the same requira- mcnle, c.cccpt thet— (11 the deadline for paymants under eecticn 601(bli1) of au_h Act finL, for pur1lo6a6 of payments tinder thin se [ion. Us deem+d to Ue uor later th:ul ;0 derv,, after thh date of enactment of thin section; (11) tali amount rct:rml r+ in paragraph (3) of eectien 60110 of such Act shall be deemed to be the W oft appropriated I.M.I e Itt,l tI (1) oflit til n o (a) of th,s 2, n that inma,nh after the applicstian of paragraph .i ofsuch) of LTIlinn; flip ecaien GOl(c) of the tioeial SxuriLy Att shad be applicd— iI) by aubatitutin,'I of the 50 3tatas or the District of Columbia for -1 of the 50 State,' each place it appcare: 111; in paragraph (2 i(Af, by substituting .. $200.000.000 � fox ` 51250.000.000"- TTT. to pararaph fz.(Ti.. by su{�e Itatinu "each of the 60 Jlatc,i and Di,,riO of C..hunko" 1Hr `"'lilt oI Iho F0 6t"t'i (1V, m paragalph ;4). by subslILulmg "crduding tali I bmmonwcarth of N",t, nlo�, the TTnited -tatea Vii n, Talsnda Guam. the Common- wcuhh ,f th" IF,�rllwrn Mariana Islands. 111111 Arncriem Saaloa" Tor 'c:.cehldicpt the D11ITIl t of [;nlunilbra and XIrIt n'ra, apanhod al sLlbsczlaa City Council 9 — 14 7/6/2021 EXHIBIT 1 TT Tr. U;V_m90 (IVtit tl(dI of su<11 Act n Atoll ot upptY to alt('11 puyincluv: and Ic) eeetion LAIPC i anal- be applied (1) by RuhRtluthrg "undCf R,Cllal 501 of Ruh - to 1e A of till, V of thorcm N of Lhe Consobd.oz (I Apt1 roj riallhn:_ ALL, $p21' lirt xulldcr tlus ccl ion and ill, by eubetilutine -lecal government ciceta to ICCCIIe Lot& Bonn the Sccrctary under Rstion i01 of suhtitl, A of L,11e V of doo&ool N of Lhc Consolida l.:'I AP...... ai.,nN Act, 20z1 :uul will ur Qs fund' in a aaaurcr coati= -rat 111111 Iu1,11 IaAien"' for '1oca1 gnvcrrrmtuts prcpcacd ILI" of the lunda are CPllala Lcnl, 11111 AIII)S CL1111 (d, H. H1A01e1r ( :AV'r1:I:A )I.-cau,I)—The Pfg ble g N d,.Nc. ib-] Io 1 lo, .�,bp:�r:ry, r:y f6 :o c rh,.: foll—olif (i) A Slob: lhos i' 1 of ti, 50 or the Dior ice of [ olumbur (ii) A unit of ]need govcnrmcnl located to a :Ante d29Cr1hPd 11) elalrae 111. r AI.IA)1:11'i n,, AN I I-NYMi'\I i '(, 'I IJI:: ill. L(,M.ILN1'1'11::i.- 1A, TN I:r: 11:1t A'.. —Fri the a1. 1t.t.1vtol .o.111.1 ".1b'nalon (wr3;�B,_ the tiecreturv'hall— (i) pay the ammunt equal to (10 perecrit of such amount to the Departmenr of llawaiian home Lands; and GD olge 1 1e, ><ohpa ��q�y,h (F.l, from 11. n.1"' of N1.11. l000lool. :l1lol I po' 1n ':,oh Indian tribe (of if auhhad�,lc. Ill, tribally dcri;;nal<xl houe.lug en.iLY of an Indian Lnbeo that was eligible for a grant under title 1 of the Native Amerinau !Touring A,mi MlKe and Sdt-1)erelloilinTrAi Ace of ON (NATTASTW (2i T7.9.C_ 1111 r1...,q; for B.:c:ll y,,.r >010 oI 11oa lmnra Ihr r prnpnn;un 1'. the ouch remainder as the lulmtmt eaah Inch Indian tribe for entity) was eliknl& to reca%,6 for such tiscil yamfiorn The arnounr n1-gavpri1tad uroler pll Igniph f11I ..der ill, "\N,IVr: Im,' r'N "o"C'I"'s- v� 1, 1 C),o- to-alm, -Pi ri r NNu TNno, Hot o,w' of will. Bo TT of d; vi vior, TT of 1Lr Fvrlluy- i'.,o„olid,. i. 1 Appro- priations Act. 2020 (Public Law 11(i Jd, to <arry out the Native American Ilunsing Block Gnro to luoplut bwx to Thom .11o,nmt 1pprogai1T,d uudl-r nude pma- argd, for ao'l, flrr:d y .o' pr„vld"d 1.h, A,..,l nuihoriv.d to oll„c.uc. ; cq,nl.'lbl, o determined 6y the Secieurry. and pity any Indian tribe that opted out of rateiving a giant allocation under the Native Ametic-an IIoueing Block Onmts prolrram for mulct in fiReal year 2020. including by eRtahlishtug s minlnwnl a,nount of paynlPnts to Ruch lndlaa ulriP' provided such lndlan tnhe nollGo, the Secretary not I;,Ior than Ati days =IItE" th, (1,110 of 0111etn1clt If t o a Act Lh„1 it oLcods t.o ru. rvv:dlo¢g GUn@ gad pgv- nn:ntM Lo doe thin 9"t....1 tF„ Per+ esrN N,T,ns1'nlrvr- n1s'rmrv.vl'nw nrnr.cl.tNrn rnNna— City Council 9 — 15 7/6/2021 EXHIBIT 1 TT Tt1:t:i—k 11 Qi Pe!% RArA audus-raemr .—The S,,_y,,lury shall o I -III I Id I c1 _ 111 d000loil 111' tll Llloca- F ,hdcn, I uT d,,, d. 1 (n) of R l l ,-:q,h .Al r,o , oClb-» d, »rrlLnl . _n.1. A..o.. Al 1 ,pry 1n r-lrsan+ (hill. (III.b4o1 onr,nml „f Papnumis aualInlrsu- aol to =o11' 011o do" -"it • -111 xd 11 v „_,a:docl,.I ,va000t dszcrlbcJ I aUch c11t, " Gb DIS1'Ia earl ON nv nerl.INl:) rll\ne_—Tf 6}0 3(.,:_ n.... .. I Ali d.o,_. a0., r flu 'Lo, ..i ill ill of f hb, All llr,l iiii z.ally d.:. r.h, d iii rboo... f ) ( ,,1?p r r- 1h iA) h rl d-'rrl 1 Ili I II ,Il nnl,„ ,E„ A.uf , Ll ,s. Ill, ..I I.n, r I.It.ln 1.'i I,vn :lice, nod, dare, rlle Se.:rer.lry .hall ,rsPo- I.r.hirle, ill I [oo Ill lull :1II(-:al. og 11 ('111. - „1 1 (.:.cal I n,:h . 111.11 li jvr not dalI,)I'd II I, "' , ...... lo"It rmz. nti v �3,A..... 11'lit 'I'IN- ANI. 141MI-N 1`i 1) 1 AM I'll)a11 (A, TN erM7T:.nT--Frolo the am.anir renewed Millet Sri -Nok2,(A,, .obje 1. it, r.obrj.j,, !.:q.h (P). the shall Alloc:at( :111d pav 11, zACo cllglhle grsarea dOR,r:,,n to 9uhpn,nf!C:pli (C:; an :enleonL oil 1., to the 'turd"" of— (i 1 the amour-.t ao t= IN,d; and (.I) e _,.,:I, A g.bl, of I.be- hmed tel l population of all swell e oe bin penntcea. .aa dl,to,mmod by trio Scrota, v. H. AT,TAcATTpN ADII19TNr.NT.— (i) RF(T-TT FMFN'T.—The nrml of the amount, Allo- ztitM under subparagraph Ai to all of the eligiola g,anteea desc,ihcd ur claoec pl of subparagraph ((', ahad not be lees than the amount aqua_ to 0 3 percent IS the mnounr spprcpriar d under aub.,acnml (a)(Ii. (it) lerTATIJUIN.— b.e 'i,elwal'y rl rll (educe the amount of the allocation deternoned under subpara- graph (A) far the eligible grantee described m clause (i) of eubpara�aph (Cl ale ineeaesry to mast the requirement of clause , i i. (C; ELRATiT.r (7raANTrr., T)rsenTurn—The eligible gtentecs described in this subparagraph arc — 'I) the C:emnwnwcal(h of1'ucrto Hied. and (it) the United Statca Vii nn lslsnds Cason, the Commonwealth of the Northern H{srimra island,, and Ameriean. nmo. fc) LTse Or FUNDS— '1, 1N .LNCRAL.—An eligible grantee steal_ only uec the ftmds provided from a payment made under this section to provide financial aeoi tance and houeing etability sert5ces to diaibl, households_ 'I, FINANCIAL ASSMANgL.— (A) 1N CENE w—Nolloss than 90 pcsccuL of the hmds rccsiwzl by An c111ab1c Enantrc firm a pawlcnt made under this seotion shall be used to provide financial aaaisGinoe to rlieiblc hnna,dmhls. itreluditr;; qrc r,ltyrncatsf (i) mrC (rri rein,] orraar,: n) otdiUuS and h„mc c11"py oats: �ivl ulilili, .lilt] home en ,,,,1.A oov.00ll ol.d City Council 9 — 16 7/6/2021 EXHIBIT 1 IT Tt. 1:t:i—k), (vl other cspcusr, rclul4xl to hoaalk( interred due, diie(LI, or indire(tly, to 111C novel corxmavinle diSRtnC woA it) 19) outbrcalt, as dclincd by the ucerctar¢ Such assstance shall he prov.dcd by a period not to exceed 12 nx, e the 0, 1e pt Ih.,1 Oran tce< may p16vlr40 _leaancc to, au additional h nlonllts o"h it ncc1. ,t to ansurc houautg atoblhty for a houshold aublcel Io the a.'aulablhty Of holds. (l3i L1.vaanL ,N ON A.?S13 nNrc 1ia< I.0.,reCame anNI It) IN CENLH2.L---3o11.,.111, ills cxo, fit loll 11 dooa¢ un cligiblc grawc., -,lndl not provide u,I clieiblc holtachold with financial aseiaumcc for prospcetivc rent payments 1,,r more than :3 months baled on any all pllCat Io11 by or no hehaII of the hosehoId. (II) F." , ,nuN.—Pit u., ,.Ggi bl. I....I,,:hold d(-s,;rlhcd in r'ho., 'i), "cl1 h,mschold au,v receive. LnunIul a. sltulec Lr prospcelatYr lrnt payamnla ter additional month - III subject to the availahi!ity of renlainiug 6. olr. ,. lit ,e-1aly :11 Ic:ae-d It, d , A glblt- g—olt,r. Iod III, bits,-, ,a1 a =ubu'nuWit 1. ;41)[)111 loaon 16rddi- Itonal hnmuial aIIAietancc provided that the Leal montha of financial assistzutce provided to the household rin rot esneed the rnral nvalrhs of as=iar- tI.-dluwed :,::der -.,,Iq,::1:,g::rt,l: (A)_ I II'F: n;.I IF I.iunALL roN—To Ili,: I.ximn. Ilnn. ,Ipplicmtla huvc rcnlol arr<mra. groliwva lnuv nolmalt, ammlitnlente for proxpecGre rent payments wdess they have also provided assistance to reduce an eligihle hmind �„ .1 112 r1ntal 11 11 1; 1)ivr:: - uoN ur :'it,'vn N n�<'i Ni. AssiarIncl:— l.�) (I- IN IN GLNLII�L—With respect I,, financial assistance for rent and rent., snreare and utilities and home a,agy ,n,sra and uri liry end home 11111gV ,,. '— 1 "oo, 'I'd Ii dlxl6le I.... Hold Loot, par vv.ol. „d,. I ndr, Ild,: "a ... 1, oo or utility provider on behalf otthe elt),nble house- hold. except Char. if the lessor or utility provider d„, I of agr« To aIo I,r nud. paym-,.r if „m rb, x- fit —:.fir „illf—th to 11, 1r--.,,.,,, ,nithy loo- .,idcr by 1111 n1„1 1}11 ntrIllov + -L, vl� puvments directly to the eh nble household for the pulyoee ofmaltine payments to the lessor of utility Ill. . I (lit %Trti t R cuNri.Yd to lval Nothing in this secGmt shad! ite cinstr,.ed to 1nvaGdate any nther- ,..Isa legitbnatc pra,.ods R,r cvhGon. (.1) Ouau MhN'I At ON any pavroeots mado b� an tllYd>h: lCc tat 1 11 a nr , - ol. tv prnvid' I , hJ�alf if I,,i163b1c 6o, .hr,IJ, the tl vlblc Y:rmba rth:dl ri ovld,: d„c.un, n1:, 11„u or —A p;,ynunln ni h,,,uvh„ld City Council 9 — 17 7/6/2021 EXHIBIT 1 TT Tt. l:t:i—k ):i I:t) $pUNIN9 31'ABIL-'Y NEHvlr,g4.—NOt more Ihun 1J Im- ecnt of fund.- received by an eligible grantee from It payment mach under this sceticn may be uecd to Ion aidc eligible house hello ,All use ma,ragement and olhzr ASrvi[eA related to the novel m.r.na y.rux d..casn. WOVIU-19. onrixcA lc, .,_. r11'6ned by fits !4-i,larl, mt.;ndcd to h,dp ksg, h.n„holds stalely houcd (4, 1'IdJI(1TITATLIN Of nSSISTnNCE.— (A) In t.v +Leg appl:catLons lot l:nanc.al aseietancc and housblg slsblfty servlc za to cllglhlc houachotds from YIucI.I nr..rlc oud,r Lhis —z III"'. on cL,giblc g"It'tc, shill priorillze cm,sirlen,laon If the applisaWous of ten doable hou:mhcld that e.Ieptics any elf the lollewing tondi- Ll^n4: (I) The .nco.ne of the household rinee not exceed 60 luild. , (11- 1 or niter, mdlvnduals wlthm the household are unemployed as f the date of the apph,awei, lbw sssistvnce and nave not been employed for the 00- d.-,y Inlet grand ... K I —I. IEIt ,R; NolhL.g . il.i..v-lkn..1-11- hibi( if, ,hriblc reanw, ivwr f`e—aline It process lot the further prioritizim; of applicawliix L r financial asaislsnec and housing stability services from It payment made under this saciion. inell IdIng TO slim hle hnllcehnlds in which I w . di vld.,: dr. n.l.l1, 1.Lr L'I'll—hold .. . ..d.le rIII�L 1L,�.Ir pl:.cr of o,,.pl... .o. 1.1 , r I},nlr eh.,, It -rirliev- menl v-us di d bcauliv of a public hcal4n order imposed as a dir.eL reaulL of Lhe COVID-19 public health emergency_ (51 ADAfTVTeTkATTtT IA'. Iy 1+.:Ntiem--Nit I.wrr 1`1.11. 10 greeds of Cur nl. p:,ld 1.. ItI,d lylLh pr:.a.r .d, ,Il'i ,. ,IL „y h,-Ave] Ile nda t I)lIiv ,al, ,.unb..l„hl„ I.It pr,vldl II,; linaneiail aeaitiounce and heusiiw stability aervicvs under psraprsphe i`_>I and (3). respectively. including for clata (R rollei and reporring requiranenrd ldared ro an h f5mda_ F,'. No u'I'l lr: e. rum,, h.lfil'Y. A'I'I vr: earls—Au.na..1�. p:Jd ,un,. mLcr 1L+n, u, 1Lr-,r.1.•n 1. „llo.yrd ur,dr, (Al. (d) RPAf.TAOATTON ,F UNC&CD Ft NT,s.—Iielnuning on Sep- trndlrr 10, 303E 11- Srorrrnry sl.ell 1-rc1pon-, rsann ful.dn, a drtr . . rd by Ihr Sr(-eu:,�y, flol. oL11g:n.r,1 be yr: tine fill ihr nvdar „,I. -,Lion III „nd lit, So"I .Ite, ah,.11 reallocate and repay such amounts to elite ble grattWes wlln, at the time of such reallocation. have obligated At least 65 percent of the amount ori),nneilly allocated and paid to such glsntee under euhseaticn (h)fl) only for the allowable uses deserihed under euir sectrcm fc)_'1'he Amount nl any seen reallocation sl?All be determined based nn danv,nstr:_tod aeod r, lthln .i prantecs iu,isdlcGnn, as rdot.e,'m l neJ br tho $ocroto v, (C, AcA u,n Xl I'I'Y.— rl:: In r..:ny. all. —Fond' proylJoJ to . Iht"bIp. M ;mlbc. ids-:, p:.. aveo 1. ,...d,.., od,-r 011.. xiselnn IlMo l.h...... In Dar„...6,-:it 1011 City Council 9 — 18 7/6/2021 EXHIBIT 1 TT T;. l:i:i—rcga 2) EXfE-N ION YJx YLINPN P[l,o-DE i PexgcAN'f 11, A xE- ALLiCAl'1ON OF UNUISED FLNLIE.—Yor funds rcdllocu lcd to an eligible grantee pursuant to subsection fd), an eligible grantee ID3v toquSPL, suh ct to ilia appruval it ilia Scclotaal', a 90- 111y osl -nsrcm of lh rlcid1.110 n t,liloe.hcd od p-c :ipra ph (ll. (b APPLv A11JN Y ), A�1-1,ANc, x1 ,,I i),N,,s.- 11) IN GENE6 L—SubjCtl to pafuarupll r3). notlnng m this section =hall preclude a landlord or owner of a residential d.i elllng lroen ,A :_eeJsG. ng a u:nur of .oeh rlwe'Jing on applymp -i51..mo. Lou, p..,no."' tuodc uud,i Ilu? loin, of fIi) appl,ving Ibf such assistance oil behalf el a rcuLer of such dwelling. r2, RI UV uu;n1,Nt; Pu1L At I LAARon.Y HVIIIII) um HALY UY II'AN I'B-11 .-, 6,odlonl , o,. of A ,,.o ool of dv: clung'ohn"L- nu opphrol,ou 1 i i-goisInv, a p,vmeliL nnldc under Qus scclmn ou bshulf of a renlct of such dwclline— IA) Lhe landlord must Ahtnin the signature ,I the Len - ant on such application, which may he documented elac- lr, :Illy. ,��i Rl dor o...00 l:d o". of .ol l.:q,pfralo ..hill lc po-oh d tI, (lit- I.r-muo by Qlc lundlord: uml W, uliv payluenbt rcuYvcd by Llic landlord Boon It payment made under this section shall he used to satisfy the tenanr's renral ohligations to the nwnsr. ��. TII':Yol� INfi pllijl I!:!!MI':N'IN— TN Cl-vI'I:AL—The St.( rf-ioov ,o-,dl:dloo will, It,, rirntrlury of IImtsiue a of iirbo i Lcvclotuncnl. skull provide - public reporss nol, less frequenLly Lhan quarterly regardinc the use of finds made available under this section, which shall 11.1a1ld- wish r—p-cr to aeh 1ligihh grnlas, Tl.i-: .(l fol 601. frl llo pma. qu,lrlo, .,od opt, Ile it r .od for wLlch uw), Ilo'd„ o—o—iloilI,— (A) the number of eli;.nble households that receive nssiatanre from such payments. LF:: The sreeptanm rate of a}q-,liaanrs Rm assisranroo pr„v61n1 1 nu-1. ,I IyfLhL„�„v.hnld . ITII ILo. nv,-r1,r-tot 1,1 of inndio;; ymvid<-d pc,-diyihlr. houeehcld Ieceitm}r aseintance; (Is. household inmma level. with such iufmmation di,.nggrrgateIl fin - 6o11.eh„ IJ, wiTb inmunr_ TlinTr (o, do., not. -d .^,0 pe ,col. of the .1-1 ln-dl::n e.re n.. to o for rh1. bon ocl�,dd (oil exceeds 30 percent but does not exceed 50 percent of the area median income for the household; end (iii) exceeds 50 percent but dope not exceed n0 psrcpnL Al .area madian Income Gv the hnussn,)hL and IF) ilia xiga numbor of mfolfly ,onLal or ,.61L. p5vmnntn 1,11ni 010 nvenvl Ili it,, foodin P. snuou,l. Lhet, a hoo3ohol(1 wa:rvc.l-ac 5ppha,blL. I 3 I:+Ape ANevr. nN—F."). i-portundo floe soboat000 ,h:Ill , ,:�u•. Il„. f„fl,no:dloo mLth,x I,o hoe.„ - hold, pro- vid,sl ..... ,.vhp:o:,Y.-,q,h., �a. Thno,.;h (Fl of }»o-ow or,h rrl City Council 9 — 19 7/6/2021 EXHIBIT 1 TT T,. 1:1:i—k 15 by Iho gender. tort, lend clhrivily 1,1 the ptamry uppltcuut for ass st'l.It I sod, hot chrlds. 1:4, AI I'F'.I�.V,\'I,,,, A!'. YI,1:'IINI: I�. t:f 1, Ilt: Y.M t'. N'I": t„A. f'-t'.Y'I'A1N r.I:n N'r r. ra—ThI, Se, r-I It , , -1,Ihl,.11 .IIn nl,aJv,: II oov: II111 I et, unSnCul:, for gn1nev., described in ".1, (1,V1)- 14) 1'HIVAi'4 aY.QVIaK.M Y.N IX, (A) iv Gr N✓Hr1.,—F.,, p11 1 t d)1C Y..,, tort tigA rCca.'rvca' p..vn , 1.1 o h. 16, ,a.6or A.Ill pr my nl ,. I I I 1.11V rqn ot11 for thr In fio vl:all n, d,r..11 h„ 1 t pl, ( I I I Ln 1- 1 ItHod 1l o>r$t n l:,I n'i l suv lh;(1, II , -I _ f 11 _ - I,iiri I , h, I Iron in pr.,- nl: GD pnlvklr I,a. for flJorul:a;au, I,I,Judlog p, :Illy kh:Ia ilh,bh: I161 :al, :oll.rL,,I ICI J only for th( p,lrpo+ r1:,Pnti LG )tf 1,_porL¢ yndrr .1 ph(I and (iii) pnmidr Eol. idr1.1-Uliry III -or- 11one for darn 1A- I-"ll :,bu11t. :IIv ird-oh-1,: It bu of Intl mate pae rtnr vrcn:r. Acm, ual ::...,,.It, ro scalkl ow. Q) IN Lt;N I.:Imi--The Se-rdary— !Il may provide fit II and unrrAacred II&AMa- t.loo lit— deg I11IJer r<,16 p..e..gey16. (A) 111a,ugll IF of paragra,1r (11, Including pelHonalIy idenG6- ahlt� Illfi„'nlaLli,n_. ti„' RC9tii,rical waoa,'ih pll Yp"rikk in a11"I dAnce wit1, exieti ng ISM- and III:. may tulle-[ a1,A -take available for nTAV,,- veaI resetnch. ar LhE ce1ffilla tract lr,wl, informa- t:rm cr,llcctcd ,.lydcr si-hpsrsgrsph (A). (ii) Aa'euCAnJN Jn rmvnCz ul`�uwixarva'S.—A recipia)t of infmv)ariml under• dolls( I- (hall estabhah for suah int"IMAtion tl',e (]:It:, Inivaey :ut,] seauity requirements daecrihecl m suhparagraph (A). (5, NONA!'1'LII-Art-11\ 01' 111E At-l. Subchapter 1 of chapter 35 of title 11, United Statae Code, sh.111 not apply to the col lectfon of informscion fm' the reporting or research requirements spe06ed fn thin subeverfoa_ (h) ALM1N15TRnT1VE EXPENSES; (IF THE ti12"1111TAR1-0f the lungs apprOlMIlled p•utreuant to suUsection (a), not more than $15.000.000 may be used for administiative expenses of the Scc- retary fn admfnfytenng Lhfs yeetion. including technical a lsiyunte h) (,rantaee in order m timilitate ettective use of funds provided tl rovr Ihts lectiAll Q7 Inspector (Jcreral UversighC liccuupnsnt fl) UtfERSICHT ALIIHORI=.—The Inspector Genered of the neppa,-anent of the Treasu*Y ehall wrdutc moni Wring and over- eiph( of the rer eipt. dixhtu-aeuient, oud use. of litllds made•. available under thiy +celion_ (') hEI 1UfMENT,—If the lnspcctor Cieacral of the Lltpart- mcnt of the 'lie-lsuiv dctcr[nine- that s Stdtc. 'I'nbal eovcrn ment. r unit !,f lotol soce,-nment hay foiled to to,npfy with eubee, (ion (t). (It, unlounl equal r IIt,- amounl of f aide used in violu(ion of sucdt sub ... tatn shall be bnokcd It, a debt of sort cutup tried to tltc Federal (ri-vcrmacnt, laounk, rcrov- crcd order this sobcctflnn .hall be dcpogltcd Irh, Lhc ea+crud fund rf fhr. Tn:nm.._r City Council 9 — 20 7/6/2021 EXHIBIT 1 IT Tt. 1:1:i—k l6 I:t) Ai'lw,I'Rlxrl,,N.—Out of Inv atOnCy , the Tr,,,sury of lh„ TTlob,d $apx. o„L oth„r.vlat appl-oprlattch till" an: .,I,I o...ix:d to the Oi riu. of Ihe. T.,Rpe C. ,d of IhI Tnpn,a„u,I oflho Tn:,ory,*6n006001o, -tv foo Io,,itjil. and I(_oUPlnctlt u'(IVII 11-- undu Ihls eUII CL 1 1111- AfneAml-s 1,111, ofn It,{ .1. t II I -null lr trot .h dl _ o:do I.IJ. 141 AI: I lllr. nv INr.Hrvnu: r. r.n t:ev_—Nol.}u u� ul IVII. I:Ilh,: 1 fit �.1, o1111) Ill:lrl:od to lotoo 11 01- a11I)lu,'11V ol':111. Top ::,:d o,- (;.el.r„I, lrog-loding .Dill :,1ahorn) :,. pn,vhl.If III Ilv. In. ,ycII 11, 11.r„1Arl I, fI(RS i:±U tie_ App.) f nt:n I MIN I ur AsKry 1NCt;—A v :c pro 1 d Lo a Ioo II I I t... n .... nt vindr , IIIer tld,: ,rruon 1:6a11 nor 11, frg: t rI] Ild r.L:,ll Ilot. br rrga rded II, I'or pll rpo-r.: I of 1, I I I I I I I I t I ill- I Ib I l it _I of Ilo hod Ill. 1 al blur (I l tIII . h�ls, IllJ fol hCo,fl .'ass Lrtl ec orL'nean for l-avit If benefits i,,IIIT,nc ni&r env FEd, .II pry Pram 1 nndvr ntly Starr to Io,:il pit,irlll fii.ni.E d it. wLola r I,, ill pltr Urdu Frdrvd 16 od-:. i k l L e: eI N I I' I lm —In I Is section: I I. AH,A Mklll AN INI IIMk —'I'll& L. VIn •`a fe:1 In ell hill Ill to 1111 nlerl n,, wlrh I11part it A hou,eho A, r'ne need ran Incorn, ill, rile area. 11, Which the holl—hold in lof ated. as drier,otna,l by1heSet el Lryof IItIt—Ilg ,o ld Ilrb.,ll D..,l opn lna_ (". $IACI hI.,; nr.A Wire. —The n rn, `olig.hl& grantre" nl&ans .stw of too folk-wI IIL: (A. A State (as defined in ,ectiml 60V,ilII of the Soria) Security A Y. (42 U8(;_ 9011g)U fl_ (L) A unit of ocal government (a, defined in paragi aph IF, i)- IC'. An Indian tribe or ire tribally de61gnatad hoaaing entiry (se such trial, sie defined in reetion 4 of the Nstive Anlaican housing A.,Meiance and Se11-Deizrn»usilon Act of 1996 (25 it S C. 410 o thar was Miphdb to receive a grant undcs title 1 of such Act ('_G L S tt. 4111 of scq.) for fiscal Year 2020 f3mn the amount appropriated under paragriph (11 under rile Ilesding "NA=. AMERICAN FRO- GRANs" alder the handing-PI?T11.T(. ANT) INDIAN II01TSIN(,• 01 tiLle 11 of division 11 -1 the Purther (',neolldtllcd Appr•:,- priatiena Act. 2020 (Public Law 111.-94) 4l carrIe DILL LAC Native Ainirican Housing block Crants picgraill For tAC ilVp1dll11Le if doubt. t1i, t,rm Indian L19h± shall 1ndud, .91ne101 anal, em'porotlon, eAablfahed pursuant to the AI,liko Nativc Claim, @ct.killent Act. (4:e U6C 1601 ct scq L (Ll)'1'h., llcpn artmcnt of lla,minn lloclanda. J, 1',I rL:rnl r TTyT rilpi n_ (A:: IN oLNLP,L—The. wrnl `ellbl,lc. honsch,,I Y octal - ,I hcuachold o1 1 cr nlm-s indi.iduala Min arc ohlicatrd Lo png real ou it residential dwclhne and with respect to avhi :h the Cli¢ihl, _ IoL,c incvl,,d deter mcs ;i) [hut 1 Ili more individusla within the household has lI qu Ililird ter uncnuplovnuall 1 c iclitr: or (II) laperuct, Ld I reaLiCtioll ILL hauachald nlnmu, Ineurrcd a1gnlPcanL costa, o, cxpe,1,,,,d of hrr rloAlo 1AI h„I111+1p dol- doI'l I I 1.1 i.vlin:e llv. City Council 9 — 21 7/6/2021 EXHIBIT 1 TT Tt. 1:t:i—k l') to the novel aKtmavin6 (it I II_.' (f'UVID-18) oor bn,ak. w11i01 Lhc (pI1++L(an1l shall lalost io writ000` Iii Ihn 1. T m o ir(lIvidn,dR mi lhin Ih" h�nu 1,I'M , a1�-mm�et1111 —I, od... p<.icn.d nv ho....1, H.00�.� or Ifousio. io=lohilD, which Ill.. , inehul(— (I a past do.. of I lj� of rz III liot it u to i_vi ,' loll not o.' (TT) j—ii. or it ,it(:fh},y Ii,it, < rOidii ot-i o. JTTnth"f "vklooIt. nI I.,.1, .11. 11, Iv - Iil�l-I Ig Ill.�..I 11ohh. Yno Jcc nu ulvc(I: and l (hr hnI _=chold h (, a hoo e6 I Inp)me th:It nl. mom LIr it Ru pr-iLL1.1 of l,hr_a..H mod..... income &n th, l oonehold. (E'. RWI 1l'Iun.—To rL, r,1 1 fe—.old,, to I gl01, ill .Irdl . oNto. tlra.. oy I I 111.11 I..I:mop.ovid,x1 to : t I.,ibh hool..hold por�wt II t, fund, rran l--:,reilObl._ loodot 1111. KrYtuT o, not. CLA1,11CATIlik ofao} rhtt Federally finidrd I 11MI an..i.Mlue provid-d To 11111. hou—hold- IC.I,,ou, nlir!:!:MIn]IIUN.— (l In rhAorntining the income of ; horse hold 2r porposos of dotzrnll., hl t9 aoch hooso h o l d's ollpl hi 111.y for aaslstanre from a p.-3ymeot made o ldef finis section (including fill laul.osrs of IMI—et3on (f)'-1)), the eliKiille .of— Io.oL-d ol-II f o -ol"-rJl.'nu- (1) the houael?old's total Iacono for calcodxr yesr 2020, cr (111 subject to clause (it), sufficient confirma- tl(a-,. as determined oy the tiecietety, of fine hml— holrls monthly income at the time of applicatiou 16, such apsostaIlCc. (ii) In the caee of income determined under eub- lm (11), ti If nble -tanree shall be required TO nrdetermine rh, NArbi try of a 1.ol ellld's lolonm otter esch such period of 2 months for which the house- hold raxivcs assistant tram a payment made unsex rule section. (I INNPECTOT( 61711 .M._=1'he term-hnspeaor Ceueral- means the Inspector Canalel of the Deportment of the 1'rc.suiv. (5) Sartoettucr.—'thc tcro-ticcrctarv' means the Scercrary of the Tri:as rv. ((P, UNIT or 1.0G.i1. GOVERNMENT. —The term ='unit of local government" has the meaning enven ouch term in paia(,rraph (21 otaedion GOD g) of the social Scourlty Ai,, (41 U 6 C g01'gu, except tnnL in all Ml'y cuch term 1 r 1lirposes of this secUon, such par2graph shall h: applied by _uhstitucing `200.000" for 100.001) - (I? TLimimm-ON ,F I4h)U11AM.—The ou(hority of sn eligible EI noel, 10 malm nc% obligatioue to t t 1dc I):Iymcuta un(lcs sub- ullon (C) :hidl tCM11AatC ran the dote c LaI)hshcd In subscetron (c) fol that eligible grmtac_ Amounts Lot expao d i n ac.nrda)u; With this seatior shun revert to the Tleprivnert of the Treaaury- City Council 9 — 22 7/6/2021 EXHIBIT 2 National Community Development Association Emergency Rental Assistance Overview Congress included $25 billion in emergency rental assistance in the Consolidated Appropriations Act of 2021. The President signed the measure into law on December 27, 2020. The legislation includes an extension of the federal eviction moratorium through January 31, 2021. The legislation also extends the disbursement deadline for the CARES Act Coronavirus Relief Fund from December 31, 2020 to December 31, 2021. Federal Administration The Treasury Department will adrnini M r the program. Distribution Formula Tribal corn inuniLies, U.S. rerrirories, scares (including the District of Columbia), and local governrnenrs with populations over 200,000 arc eligible to receive funding. Approximately $400 million will be allocated to U.S. territories and $800 million to tribal communities. Approximately $23.7 billion will be available for allocation to states and local governments. The funding will be distributed to states based on the states population according to the 2019 Census data. Each state will receive no less than $200 million. Forty-five percent of a state's allocation will be made available to local governments with populations over 200,000 (based on the 2019 Census data). To receive funding, eligible local governments must submit a certification signed by the chief executive of the locality to the Treasury Department by January 26, 2021. Treasury has not released the certification form yet. NCDA encourages those localities that are not eligible for a direct allocation to reach out to their state or county (if they are located within an urban county) to seek funding. Duplication of Benefits No duplication of benefits. Renters receiving rental assistance through this program cannot also receive rental assistance under another federal program. Use of Funds Grantees can use up to 10%of their allocation for administrative expenses. The remaining 90% must be used for rent, rental arrears, utilities, utility arrears, and other housing expenses resulting from the pandernic for households meeting the criteria below; up to 10% can be used for case management or other services. The assistance can last up to 12 months plus an additional three months, if necessary, to ensure housing stability. Timeframe for Clblieatine Funds I he I reasury Department will recapture any funds not obligated by September 30, 2021. Unobligated funds will be recaptured and reallocated to those grantees who have obligated at least 65 percent of their grant by September 30, 2021. The amount of the reallocation will be based on demonstrated need, to be determined by the Treasury Department. EliMble Households City Council 9 — 23 716/2021 EXHIBIT 2 Renters with incomes up to 80% of area median income (AMI) who meet the following criteria are eligible to receive assistance. • One or more individuals in the household has qualified for unemployment benefits or can attest in writing that they have experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due to the coronavirus pandemic; and • One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability which may include a past due utility or rent notice or an eviction notice; or unsafe or unhealthy living conditions; or any other evidence of such risk as determined by the grantee. Grantees must prioritize funding assistance to renter households at or below 50 percent of AMI and to households in which one or more household member is unemployed and has been unemployed for 90 days. Income Determination Household income must be recertified every three months if the household is receiving rental assistance. Eligibility for funds after each three-month period is subject to the availability of remaining funds. Payment Process Eligible households will apply for assistance through the grantee or grantee -designated agency. Grantees will make payments directly to landlords and/or utility providers on behalf of eligible households. Landlords can also apply for assistance directly or apply on behalf of their tenants but are required to notify the tenant that assistance is being provided (provide them with a copy of the application) on their behalf and obtain the tenant's consent (landlords must obtain the signature of the tenant which may be electronic). If a landlord or utility provider is unwilling to participate, the grantee may provide funding directly to eligible households. Reporting Requirements The Treasury Department must provide quarterly public reports on the following information (which means that grantees will need to collect this information) aggregated by gender, race, and ethnicity of the primary applicant. • The number of eligible households that receive assistance • The acceptance rate of applicants for assistance • The types of assistance provided to each household • The average amount of funding provided per household • The income levels of the households assisted (30 percent or less of AMI; between 30 and 50 percent of AMI; between 50 and 80 percent of AMI) • The average number of monthly rental or utility payments that each household received Grantees will need to establish data privacy and security requirements. The Treasury will provide more information on these requirements. City Council 9 — 24 716/2021 EXHIBIT 2 City Council - 9 — 25 7/6/2021 EXHIBIT 3 I1.S- Deparinreol of the Treasury Emergency Rental Assistance Frequently Asked Questions January 19, 2021 The Deparllnenl ol'lhe Ttcasnry (Treasury) is providing these Frequently Asked Qucstir IIN (FAQ) as guidance regarding Onee requirements of the Emergency Rental Assistance (ERA) program established by vrcliIll I SO ol'Division N of the Consolidated Appropriations Act, 20?1, Puh. T.. No. 1 16460 (Dec. 27, 2020) (the "Act'). These FAQ will he supplemented by additional guidance and FAQ on a rolling basis. 1. The statute provides that ERA funds may he used for `utilities and home energy costs." How are tlinse terms defined? Utilities and home energy costs arc separately-Niatcd chaugcs related to the occupancy of rental property. Accordingly, utilities include separately -stated electricity, gas, water and sewer, Lrash removal and energy costs, such as fuel oil. I elecontnwnication services (telephone, cable. Internet) delivered to the rental dWClllllg arC 1101 COUSI ZI-CLl Lll he LtllhheN. T1L111L1C5 that. are cmcred by the lalld101d lvlthlll rCllt Will be treated as rent. 2. Must a beneficiary of the rental assistance program have rental arrears? No. The Statute does not piohibiL [lie enrollment of households for only prospective benelas. Section 501 (c)(2)(Rgiii) of Division N of the Act dneN provide that aNs1NL:411Ce to rechrcc rental allears, if any, must be provided before prospective rental benefits may be provided. The statute also provides a limitation on prospeclive benefit;; of three nwnths at one time. 3. Alust a grantee pay for all of a household's rental or utility arrears? No. .I he full payment of an-carN is allowed tip to the 12-month limitcsulblished by the suuute if the arrears can he shown to be clue to COV1D-19. (Grantees rnay provide assistance for an additional three months it necessary to ensure housing stability for it household.) However, it grantee play structure a program to provide le» rhan full covelage of arrears_ When avcmring nccir prot;rarn, giantcc,< should consider how to best minimize aliv incentives for the non-payment of rent or utilities by potential bcncficiai ics of tlic program. 4. What outreach must be made by a grantee to it landlord or utility provider before determining that the landlord or Wilily provider will not accept directpayment from the grantee? Grantees nnust make reasonable efforts to obtain the cooperation of landlords and utility providers to accept payuicim from the LRA proT,7am. Outrcach will be considered complete if a request for participation is sent in writing by certitied mail, to the landlord or utility provides, and the addiosscc dire; not respond to the request within 21 calendar days after mailing, or, It the grantee has lnadc at least three attempts by photic or entail over a ^_ 1 calendar -clay period to roquesl the landlord or utility provider's participation. All ell -oils must be documented. The cost of the mailing would be an eligible adrninish-alive cost. City Council 1 9 — 26 7/6/2021 EXHIBIT 3 5. The statute limits eligibility to bousebol(fs with income that does not exceed W) percent of area median income its defined by the Department of Housing and Urban Development (IILID) but does not provide a definition of household income. How is household income defined for purposes of the ERA program? flow will income be documented and verified? 'I Ile statute provides Ihal u-miiees may determine income eli-gibilily by relelence ro either (i) household [oral inutile for calendar year 2020 of (ii) sufficient confirmation of the housellold's rtlimthly iticmue at the time of application, as determined by the Secretary Of tile Treasury (Secretary). With I CspCct to Cash household applying fox assistance, grantees may choose between usiutt Elie definition Of "annual income" as provided by HUD in 24 CFR 5.609 and using adjusted glass income as defined for purposes of repirrring under Inrcrnal Rcvcntto Saviec (IRS) Form 1040 scrics for individual I-c(kral annual incomee tax purposes. For dcrerrllining annual income, grantees should obtain at rllc time of application Solllvc docunlcnrs evidenclllg annual income (B-�>-, wage statement, interest statement, unemployment compensation statement), or it copy of Form 1040 as filed wish the IRS for the household. For determining monthly income, grantees mist obtain income source documentation, as listed above, for at least the two months prior to the submission of the application for assistance. I an applicant qualifies haled tin monthly income, the grantee mast redetennine the hottschold income eligibility- every three months for the duration of assistance. 6. Tn addition to providing an attestation in writing, must applicants document that they have experienced a reduction in income, incurred significant costs, or experienced other financial hardship due tit the UOVTD-19 outbreak? Yes, to the extent administratively feasible, grantes must require applicants to document that they have (1) qualiflcJ for uncnlp1051110111 bcnoIIu or (it) experienced a rcducton in inconlc, incurcd significant costs, or experienced other financial hardship due directly or indirectly to COVID-I) that threaten the houschold's ability to pay Ihe costs of the rental property when due. Grantees must also require applicants to danonstrate a risk of experiencing honlclessness or housing instability, which may include past due rent and utility notices and eviction notices, if any, as part of the application process. 7. Is there a requirement that the eligible household have been in its current rental home when the puhlic health emergency with respect to COVTD-19 was declared? No. However, payments under ERA are to be provided to households to meet housing cost~ that they are tmable to meet m a result of the COV1D-19 outbreak There is no statutory requirement foi the length of ICllltl-C Ill the G1111Clll Ulllt- R. Whal data should a grantee collect regarding households to which it pro ides rental assistance in order to comply with Treasury reporting and rentrdkeeping requirements? TrcasUry will provide ltlstl"ochotls al a later Inlllc 05 to what- information groiuccS Illtlst 10,p011 t0 Treasury and how this information mist be reported. At a minimum, in order to ensure that Tteasury is able to fulfill its quarterly reporting requirclnans under section 501(g) of Division N of Ihe Act and its ongoing monitoring and oversight responsibilities, grantees should anticipate the need to collect [roam households and retain records on the lollowing: City Council 9 — 27 7/6/2021 EXHIBIT 3 • Address of the rcmxl unit, • Name, address, social ;cciu ity nuotbei, tax applicable, for landlord and utility provider. identification number or DUNS number, as • Amount and percentage Of'mnnLhly rent covered by LRA assislance, • Amount and percentage of separately -Stated utility and home energy costs covered by ERA a55i clan ce, • Total anion tit of Inch type of as,isrance (i.c., rent, rental aI Iear , ntiIiriei and home energy eosts, utilities and home energy costs arrears) provided to each household, • Antolini of oulmoridink rental arrears for each household, • Number of months of rental payments and number of months of utility or home energy cost payments Ior which ERA assislance is provided, • 1 lotlschold income and nttmher of individuals in Ill(; household, and • Gender, race, and ethnicity for the primary applicant for assistance. t ranices should also collect information as to the numha ofapplialtions leceivcd in omen (0 be able to rcpurt to Tromuty the acceptance rate of applicants for assislance- lrcasur)'s Office of Inspector General may require Ills collection of additional information in order to fulfill its oversight and monitoring requiremenrs_' Trcasury will provide additional information regarding reportlllg to Trcasuly at it future date. Grantees will llccd to comply lvlth the rcq LllrCMC11t ill 5C'CIi011 501(2)(4) ofDivision N ofthc Act to establish data privacy and,ccurity Wquirentcnu ['or' information they colleeL. 9. The siatule requires that ERA payments not be duplicative of any other federally -funded rental assistance provided to an eligible household. Are tenants of federally subsidized housing, e.g., Low Income Housing Credit, Public Housing, Or Indian Housing Block Grimi-assisled properties, eligible for ERA? An eligible hOueChOld that occupicS a federally -Subsidized r1 idclllial or mixed -use property may receive ERA assistance, piovi led that ERA fund, are not applied to costs that have been or will be reimbursed Under any other lederal assistance. Tf an eligible household receives a monthly federal subsidy (e.., a TTous1111� Choice Voucher, Public Housing, or Projecl.-Based Rental Assistance) and the tenant rent iS dcIji,bied according Lo changes in Ill COT IIC, LlIC rcltcr I10ISCIMI LI TIIay lllll rccnI c LRA a5315 Lail CC. It it Imusehold receives rental assislance other than the ERA, the ERA assistance may only be used to pay for costs, such as the lei lanl-paid portion oflenl and utility costs, that arc Iol paid tin- by the ul[ICY reolal , SSistance. PLlydltant to section 501(k)(3)(B) of Subdivision N of the Act and 2 CFR 200.403, when Pi oviding, ERA assislance, the grantee must review the houscho hl's income and sources ofassistance I contlrrn that the LRA assistance does nor duplicate any other asskrance, including federal, state, and local assistance provided for the same costs. I Note thaL Lhis FAQ is not intended to addle„ all reporting rcquirolnents that will apply to the FRA program but rather to none for grantees information that they should anTfcipate ncedin, to wIICCT front households with respect to the provision of rental a65i Etancc:. City Council 1 9 — 28 716/2021 EXHIBIT 3 10. May a grantee provide assistance to households for which the grantee ie the landlord? Yes, it grantee may provide assisuulce 10 households tor which the urantee is the landlord provided that the glatltCC complies with the all provisions of the statute and thiS guidance ILIA that II pre['erences beyond those outlined in the statute Life given to households that reside in the grantee's own properties. 1 I, May a grantee provide assistance for arrears that have accrued before file dale of enactmentof tile. Statute? Yes, 11111 I01. hefore March 1 3, 2020, the dale of 111C ern:-rgcncy decLl:uion pursuardto scrlinn Sol (h) of the Robert T. Stafford Disaster Relief and Fmergencv Assistance Act, 42 U-S-C- 3191(b)- 12. May a grantee provide assistance to a renler household with respect to utility or energy costs Without also covering rent? Yc,,- A gralllCC does not llccd to providc essimanc[r with respco to rent in order to prol'ldc jsNisiancl' A iih respect to utility or energy costs- The limitations in section 3011c)(2)(i3) ofDivision N ot'the Act limiting assistance tbrprospective rent payments do not apply to the plovisi oil of utilities or home energy costs. 1-1. Mav a grantee provide F,RA assistance to hamenwners to cover their rnm-tgage payment, utilities, or energy costs? No- The statue Ircµlires that TRA assistance be provided only to 01Igihle 11ollscho16, which i dclined to include only households [hall are obligated to pay rent on a residential dwelling. 14. The dalule provides that F,RA funds ma%y he used for "niher expenses" as related to housing incurred due, directly or indirectly, to COVID-19, as defined by the Secretary. What are same examples of these "other expenses"? The Secretary has no[ made such a determination at this tinle- City Council 9 — 29 7/6/2021 EXHIBIT 4 OMB Approved No.: 1505-0266 Expiration Date: 7/31/21 Recipient name and address: City of Sani<a Ana 20 Civic Center Plaza Santa Ana, ( A 92701 0000 U.S. DC.PAR] MFN'T Cal T111 TRI ASURY EMERGENCY RI3NTAL ASSIS I ANCt DI fNS Nwnber': ott 315-32-17 Taxpayer Identification Number: 95-6000785 Section 501(a) of llrvuion N of the C'om)lidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) authorizes the Department of the Treasury (' T casmy") to make payments to certain recipients to be used to provide emergency rental assistance. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Authorized Representative Name: title: City Manager Date signed: January 1.1, 2021 Kristine Ridge. City Council 9 — 30 7/6/2021 EXHIBIT 4 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501"). 2.. Renavment and reallocatiQn..Qf..fun.ih4. a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury. b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and shall be subject to the availability of funds at such time. 3. A.maflgbihiy of fimds. a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award shall remain available only through December 31, 2021, unless, in the case of a reallocation made by Treasury pursuant to section 501(d), Recipient requests and receives from Treasury an extension of up to 90 days. b. Any such requests for extension shall be provided in the form and shall include such information as Treasury may require. c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to Treasury in the manner specified by Treasury. a. Administrative expenses of Recipient may be treated as direct costs, but Recipient may not cover indirect costs using the funds provided in this award, and Recipient may not apply its negotiated indirect cost rate to this award. b. The sum of the amount of the award expended on housing stability services described in Section 501(c)(3) and the amount of the award expended on administrative expenses described in Section 501(c)(5) may not exceed 10 percent of the total award. a. Recipient agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations under section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section ISO I I (b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. No. 11.6-136), as amended by Section 901 of Division O of the Consolidated Appropriations Act, 202I (Pub. L. No. 116-260). Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. b. Recipient agrees to establish data privacy and security requirements as required by Section 501(g)(4). 6. Maintenance ofand Ageess to Record.ci City Council 2 9 — 31 7/6/2021 EXHIBIT 4 a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury. 7. Cost Sharing, Cost sharing or matching funds are not required to be provided by Recipient. a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.P.R. Part 25 and pursuant to which the award tern set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 G.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.P.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following_ i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; City Council 9 — 32 7/6/2021 3 EXHIBIT 4 ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefrtting from federal assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 9. False Statements. Recipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. to. _iiblications. Any publications produced with funds from this award must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 11. Debts Owed the Feder..ti52y�01�2i1 12. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are not repaid by Recipient as may be required by Treasury pursuant to Section 501(d) shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 3I U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. d. Funds for payment of a debt must not come from other federally sponsored programs. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient. City Council 9 — 33 7/6/2021 EXHIBIT 4 13. Protections for Whistle'blowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal fimds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 14. ingtpa�.ing Seat Belt Use iw11g�>jtited States. Pursuant to Executive Order 13043, 62 FR 19217 (April S, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 15. Reducing Text Messaging While Driving Pursuant to Executive Order 13513, Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. City Council 9 — 34 7/6/2021 EXHIBIT 5 The City of Santa Ana recognizes the financial hardships faced by many of its residents due to the Coronavirus (COVID-19). In response, the Santa Ana City Council established the Curunavirus Emergency Rental Relief Fund for Tenants (Santa Ana "CARES for Tenants") to provide emergency rental relief for qualified, low-income households who arc not able to pay their rent duc to the Coronavirus. Low-income Santa Ana renters impacted by the Coronavirus may apply online to receive up to $ 7-,.IUI in emergency rental assistance toward any rent due after March + o 2020 „ d .die ti �r l : dii + ., .i . I h I . . i r I( , I i ,i d :u 6 I" -'o i, n r t r I -'+I .( jPl_I 1'' i TO !r r1Y In I1,G+ I Y, ,l r tl r ! 1 r III ,! r : : iiil+rI +IIIo„ li I+ Irli 'f rr L.I .rr 3. •1P, I ni u,,ei ur d tli+��ir:d Iip. T,Y^i-In r:i ir^ I Ioi iv/kf nil f"0 i To 1, i:: ;,.h, cp.il inn I, - - -_ p-k,[I1 ii i,anl,_id These Program Guidelines describe the Background, How it Works. Eligibility Criteria, no, ATWO ()I N I J ,•i I, Application Requirements and Instructions. Applications are available on the Santa Ana CARES website (Field code Changed n--Ixgh_ovid lWrenf al re Lr C/e:�n [nr tc nanYs), at our City offices m I,, i r-or can he requested directly di n I i " o1,. ol,m (I o ,, n. i I nr i of,: I The City is accepting CARES for Tenants applications until all of the funds are exhausted. Formatted: FonT 10 pt Formatted: i,dem Leh u S Formatted: FonT: 10 pt Formatted: FOOL I0 pt ... n l . ,.-, "I" ! , +, 1, p . Ir + n li + I -..� - - i Formatted: Font 10 pt y ,, a r 'WO 1 11 J ,+, r IFOW ,. I- Renters wno have sheady .+, vif,, + f been approved for $1.500 r - , • n on emergency rental Formatted: Fon* 10 pt assmtwtue ai-f, „ _ be unnsldered for..++-adddmnal f r + r, 1, 1+6f (G, , mdxunurn of Formatted. For, In pL $ .( 00) if assularrCe afler re cerblymy lheu e00,bddy ' a/ i . +, „ .I r , l I i . d J. ,n,r I Formatted: Fon, 10 To Formatted: rnn,. 10 n+ Background The Coronavirus ctibis has hiL many Sanld Ana families hard. Pdying rent may aheady be ddhcull under normal ci rcu insla aces, but lost jobs and reduced work hours due to [tie virus have made it near impossible ,,,I ,,.t-, Ir ,, A, I ,H) eviction moratorium has helped renters stay in their homes. but we know paying rent to the landlord can be a big mountain to climb. We. are here to help. The Coronavirus Emergency Rental Relief Fund for Tenants (Santa Formatted ,Itfed Ana "CARES for Tenants") aims to help struggling low-income renters who have been - unable to make their rent payments since March + 1, _ 2020. ' 1 Ir + n o To , I . i,, Coronavirus Erncrgency RenLal relief Fund fur IenanLs Page 1 1 ProEranl culddilics as of +I.... v I I-., , iJ,., 2021.,i City Council 9-35 7/6/2021 EXHIBIT 5 r 1 a , I , ( r ,r-II , 6 ,,/ h 18 I n h / f I 411 IT IT I + v r, I ff Id_trIIA) _I.I,rJII It fII�, ,I,�,,.I ,II,IMIY•.+A+� r 7 I rr, II urp+ 14 , f! 0 v+ >r. Low-income tenants who earn less than 80% of the Area Median Income and who are in need of direct rental assistance should apply. It I ',pll„� ,,a L..:I I, If I+ II r r I I l;r r dV + L_:r o f I I.f fha. i„I A I I N I,I, . I, M_ . I,I I .f, ,+ I r i r '. IT, ,n , ,l I u I I n r + ..This assistance is a grant and does not have to ha paid hark. See the Frequently Asked Questions on the program at yuww ,.,Auta• ( Field coda Cl,al,yad uI3 -n;I/r ov,d'I'7frenl d re hr fh-e e for te_nwnfs. Read more below. How does it work? Low-income renters who are struggling to pay their rent due to the Coronavirus who have not previously received assistance from this program can get one-time assistance in the form of a $ i, t100 payment to their landlord. The assistance Is a I ✓ I I Ir II / ff,,I ifa. + ,f.I of S,, 000 per household. Assistance I,,,f, I I I p be used to pay rent owed since March If, 1. 2020 ,+ f. _ + of r l oI I Ir- w+r+ .fi . n I ,I r, ul I I iI , H +, c I ,,+^+ %)0 r i I iM1 + i, i i i. ., i, i n .r✓ ...➢; IT) I 10✓ . 1,: ./... . I iS r.� Il d f9.if fI l: I ✓:I,j f - x , v .Y n /! J - n vnI 9_ I ( _ „ „ r r ll• , I i n The City of Santa has partnered with two local nonprofiL organizations 10 review applications and make payments directly to landlords. Specifically, the City is working with the Salvation Army of Orange County and GatholiC Charities Of Orange County. Payments will be made from one of r I+ I; two nonprofit organizations to the landlord. Applications must be complete, including the required documents, before the application can be submitted. Applications will be selected based on a lottery and sorting methodology process l .i I Py ,;, a I _1+ v . i,n, , , I . III n(_ i ., wm i,,i +.l' I'_ t+ I K.l I I , F I, l .I l� Each approved applicant will receive $', 100 paid to their landlord or property manager for any rent payments incurred after +a, . a • , V ,+ ul +w , ar I, , mi o +,u March . o I In, 2020. f fIns ITT Ill '. „r I , + rI I I IT vAI N I, rf fI 1 I .n L' 1✓ .IT I fr i .oI I Y I i fi, iI, I't'/ I I I" [., i .d )y In_h, f, ln! r .I n 11y.1 ,OIN l- , l (I I / 1 ly q++, I IfI f I^; f I I I rr , I I ) I LI-. Y1 0 I .h1 _ I f+.. p?r n f Y l I V, l 4IT Y, I I I I r NI I I f I p+ . f I �' Vl I+ 1/„dr 0 n r o.OV l I rf + rp rh I, In r I, r f. l nlil . Y p I Al .e L,F . n ru , f "l; I n if n I Coronavirus Emergency Rental kclicf Fund fur CnanLs Page 1 2 ProEram culdr•In,rs is of+ I....a ,iI , I iJ,., 2021(, City Council 9 — 36 7/6/2021 EXHIBIT 5 Here is a general flowchart r I T ,, . I .� . I I,_ . I , -I If tm Tr ant Cutil ji Iur¢ theA flra[ot q9 0 � I Saba(iOn Pnny an010r < tlolit, Chant., Q fw5 It,, 4v Tenant -e APf roved for � - ' C urer uy Ru t l v y R Land!oird Provide , tM1ur 0 w9t rJF c u 1 r ton f d t ry P y rnt It. Jtl-tid! r oaymrw Documamarion Is •.'. ProvJd0d b r!tn (sty it t ., Coronavirus hmcrgency RenLal Relief Fund fur IenanLs ProEr6n) culdelnics as of+ �.... v I ,-.� , iJ.,2021(, Page 1 3 City Council 9 — 37 7/6/2021 EXHIBIT 5 Tenflf ll C.hiplem, "he All", 1 :711 0, r Ph7110, r, T.,. Ill is ApplUVed for C nc 0'- icy R� lal A stt cc l Fty C1C Is C[I I ( R OO Sal ,au.n Army fln<IIO! C,10i 01. rilipy rl-ell �I I l t4 Is I. The LanplOrtl GrOYICefi IhOIr W-9 AhO APy�ne01 IntOrhilli Iv n ,v i, Y Y e Pgy»4MpOWm> IiOn iy tl 10 he C, y v dv �v Renters who have already applied or been approved for $1 500 , l in emergency rental assistance r,,w f , ,,f i I,, 1 4-11l. vYA ,l be considered for l Y r on ,Ik ,:0 dell Yin , f I, l Itl I ,, , i r l (( i ) o l +i ft ' II) I n+fan ,..y-a„„ j-ll .IiOd, in assistance after re -certifying their eligibility that they are still having difficulty paying rent because of a COVID-19 impact 1 o Y i, t I r 1 1:a In , fi r, .V l fL,>> 1_ V 1 o 13 I I rt __ d If I YIN f Y, it ( IT, if ( I. Re -certification must be documented before a second payment will be sent to Lhe landlord. I , „1, , . ,ff I,, f 1, „I, , Coronavirus Emcrgcncy Ren Lai Rd icf Fund furl Onan Ls RroEr6n) culdrinlcs is of , I,... , I ,i,), I , i_I,., 2021.ri Rage I I City Council 9 — 38 7/6/2021 EXHIBIT 5 a^^,sY ., O d- P A standard set of questions will be asked of either the landlord or renter to determine if the renter qualifies for an additional one-time payment 1,. i, I _^.l ( 1,r Y Iran, r I III 1pl r1I . 11 no I i S II (+00)- If the renter is re -certified as eligible following this recertification process, a check Ir p r will be sent to their landlord with a letter that states that the V^+ 'a`^Iry. I,( III n must be returned to the nonprofit if there is a duplication of benefits for a month that has already been paid by the CARES for Tenanls Program. Who is Eligible? 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I Pang apn N0n11170 co - I II'Ll 1 NmmaMIC Sryle: ;. 1 1 _ Srarr at 1 At:.gnnle it '._efr+All It -j :,t 0 +bireiT T a5` P.,7nn:❑-1 I (White) I Formatted on ,I)a vr111 ) A, I1 I PI Formatted Fr r ;Drf, I ) A A fi 1.r iForur r �I)eHu r Ar d 1 rnattedJ 7 pr Formatted• st va,3grap'n, N.rnbe eC Laval: 1 N,.......... ,yl- 1, 11, 111. _.-.,r,rr,t I - All9. nre.d: '._cft At Coco ar: 05' 1111cnt at 1" Formatted. _ist Par g irin Narnhr.r d - Lcv,l: 1 - NOnl.ermC, SWIe: -,... 1 1 =rarr at 1 Al,..gnn,arrt eft+Al yn r .,.: n + CI-. Formatted: Frm. 1Dr. r:,r.,l ) A, d 121J Formatted: font. 10 City Council 9 — 39 7/6/2021 EXHIBIT 5 1„, f" , I f f a I If .s,r f a If, I rry :an f1f, I I I — - - 'I •••'•" Formatted! Fonc (Defaulc) Aral 10 pt I rvy/I cy vIFl 11 1 11, +ww,H i,{I, xlwn7, 1n"7v' I Fl,I ✓i 1 I? 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(pefaulc) Anal V pt Formatted ronc Noc Itall< IFormatted Fonw No* TA, '..i Formatted: Space MI 0 pr City Council 9 — 40 7/6/2021 EXHIBIT 5 rdI , Wr Y tyI d i 1, 1 if 1, 11 I! 1( I prr + I�Inrd I,n II nrnnr it I I:�rPI � n I di i 1 Inf ��s� f �i i o i t✓I �d IIlv"11 I ^°� 1 1_ II w v ll ill ✓I 1, /. 11' n 1a( .j It I-nt Pd,r,- r_ I I I ✓, _ I r,. n �_ I, ✓r I _ � 1� I _ � X � 1 , I f I n d i ,fI a� r; N v� v =✓ II � I rI ] f I I I f n � i ,_ 8 i^ o�� � I �sdv�l 3 r� 71�1� r^ VI n_fiI Iv I.d(, I✓rr✓ F; I,,r 1 p q8 I,of a.r AI +auir, ., .1rla411 41111naz> a.✓oar, +.✓I, ✓ Y, .,+i-,Iv,I ✓�� al$i r.. �.11 c r, ,o-i—° w � +3ca +a. „h�.s� v,+ Ir i�t iIP r+I rtaIf IYI FI I, IIfItII o I IY$ I .- QWI IP r+IIfi 11 Hi 1 wI hfjflxl -=} fytiyrµ3�{g- }jlq(j en arrifsr�r�try�x€ €saixt�3 s€xsh samer� lr x-�r s�:xsalaaa slsalias €re�r�€�€x�l>Fti rla�l,enters who receive:(+;•,. assistance through the Coronavirus Rental Relief Program for Landlords ("CARES for Landlords') are not eligible. Households who � recefv i_f assistance from another emergency rental relief or rental assistance program are not eligible. 10 I, n o PI✓III, .-f r r of I YI( i, ini Io I 1, 1✓ o nn1,'11 W✓.,Ila Ii,.✓I.i'o�I, -pa'ka, 1 . .x,X Y (Formatted Sp �,. Afroi Ors d �. —X ✓ al ✓aB+I�, of^v.i w✓�I tz Ial, d. 4iirdro, �l {Ivi- wl fl wr Ilge �I, r:„anl v,� a N88_�rI If e� ✓ ,af .io. tl, a, vf% a f It., n i Y, al:'Id r'VHM II I , I A II {- w w � I II I f YA rvxX ✓ #{vx II Nh I v.. :1.. V I How do I apply and what are the requirements for my application? Applications for the CARES for Tenants Program are available on our webpage, at our City offices, in -person or can be, requested directly f n i Ti,', r I n A[ ✓ n I. _ ✓ _I a_ The following documents are required at the time of submittal for a complete application packet �, Iw I f n, valid photo LD for each adult family member --[ Fnrmraeeea sl„ez nn�r: o „r 1 Landlord/Property Management's name and contact information. Including phony nunI email, and/or fax numhpr • Copy of your lease or sublease agreement:. { f d "Ni fl. a rf . v t n..✓rn it1 Formatted I IM I I i s ion d I I, o f f i,;' I r 1, ,, i I — — — — _f I r _ f I!+ 11 ( cq + f I I I'd o f ✓ ✓r X I )of o f i, Y I f r f 1. II , I i f r I y oo , I .✓ i (Y fl Y M ✓r I rirl ,� . I it I ,n (✓I I a_: � id _ ,ronr I/,.n� _d r I o� .� of i�i Coronavirus Emergency Ren Lai Rd icf Fund fur 10n8 n is Page I ProEram culddilics is of+ I....v ,-.� , iJ,., 2021(, City Council 9-41 7/6/2021 EXHIBIT 5 -,I, 1 1, Id, IT, 1 Irr /,n15, r. Yf I f ,VIA .I f, f+I, df Formatted r,paro Aft, npr f 1 ili per f '.V i.R, F IT rl (If "P r rI I V i i% v fv i IA.r'R I M fnSi iV IV R'W %nRfd i11i r1I N,FV r rrIIY+" - IInI ,R 'If 1, IBI. nl 1 O/I nI II n 4 ff Cf rril rr ff Rf- r.rr , If'IY11I f I, inl , AN '-IN , rr. ,. V u d A"I' oyY, d {{. I VI„ d r T, A I f Ilxi 81 . ,AI I I, {. rI I11 Ir f IIIRI f I III N IWf, I I —11 IITI I I Af f I fY 1,1 f f ,.r ,IHIYi f 1 1, _.:......Copy of a letter to your landlord providing notification of your inability to pay rent. I I xr , in I. The letter Is the dOCll men La lion [hat the City is requesting to show that the tenant Cannot make rent due to a reason related to COVID-19. (If you have a concern j tortnatted ro,t %ot aahc about sending a letter to your landlord, you can address the letter to the clrty)Th,,r_ II I _,Ij f Iiif , d,I, IIQ,)[ f i.+ �NI rfvr _ftl r:I III I � 1 q l I I rI nl f n c IM f a, ryn nl � �r I rI".. 1 y ni IR , nll iP, n, if 1.' I, II 1 1i i 11 i r , 1, If If i,f ,I 1 4 il_ f II f I Ir I , I, 1 I I +r If I. I i , r o tln lA IT, fI f , +1 ..i it II i , f y , I I on I ,I i fli .f�.'.11� XI f h,•_01.. r .3,f, / =. I of IS'� Itt, no 11 in, fl I I f r Y fzI ,�i iloe in, ilns_a il;hr�. IT r1 d 11 _ I , I l f I id , I;I ( I I I w n w a, IT IA, I d I .I, nt_ Field Code Changed Formatted: Font: Bold Formatted: Space After. 0 pt Formatted: Fan',: Bold Formatted: Space After. 0 of Formatted: nnr. 9nlrl Formatted ,Inu.AT. of it Formatted: ,I, I Iecfwlr) A, A V lit Formatted. On fl?(ra„I) A,I 1 J FI Furn atted• rut t IIJcf�ilt] Ar,l 12 lit rxdnaAo Rru. d + If a dtafof If 1, V '.'ITT,; oT Af 18.''ARAx tl*b ' 8yr A^i.. nB f; R..ox. 0. =Vdff +II dfr -IV cI a _ [ Formatted! root{ Default) Ar Al 19 pt npo w, TO vR . fa 1"w „..o d.. JU ..la A -, I-'d .A A ,--_ — — — — 88^E7'M,lrlky .^ fr,,M1d Eno .R r , Formatted. ror, (17c1, 1)A,al12p1 Corr iNs Emergency RenLal Relief Fund fur IenanLS RroEr6m culdolnlcs is of f,...v ,if , iJ,., 2021.ri Rage 1 8 City Council 9 — 42 7/6/2021 EXHIBIT 5 Application Process„ Formatted: or, (Ile r-111 A,I d IJ Formatted: F,n, 11Oefa,lc) A, A 12 Formatted: el n(MI ,1 0' I louseholds with access to the Internet, including computers, smart phones or tablets can complete the on-Ilne appllcatlon themselves. An email address Is required to reglsler. HE-gislranL must have access to their email amount to verify registration The application 1s available 1n English, Spanish. and Vietnamese ( Formatted: on ;pr It„1 I Ar-1 v r,l Any adult that is listed on the lease or sublease can submit the application for rental assistance on behalf of the household. Your household should only submit one application. For Households with Internet Access and an Email Address Coronavirus Emergency Rental Relief Fund fur IenanLS RroEr6m culdolnlcs is of+1.... v ,-., , iJ,., 2021.ri Page 19 Formatted: Nu—de,6nc Uri, wlur. Au1u Formatted! For* (Uef„u1c) Ar „1 1 _ I,t ''. Formatted: Forc: Noc B,lc Formatted: Forc Nei Bole i Formatted: Forc: Nei Bole, City Council 9 — 43 7/6/2021 EXHIBIT 5 Step 2. Select the option to "Register" and create your account information. Passwords must be eight letters long, have one upper case and one nurtiber and one special character. Step 3. After registering, log into your email account and click on the email from Neighborly, follow [he instructions Lo confirm your email. Step 4. Return to the Neighborly portal at jtt �- llpurtaLnr hbrnly, r�ttw ,[r corril-_ ant 'In lc alp lr I ir tl m and 'Sign In Formatted. r„n, m�1.1 10 Ar.I 12 r i using your account information. Step 5- Read the instructions for the application and proceed to enter your households information into the application portal. Step 6. If you have not done so already. ,,.r + , b, 1. r, + I n, ,n r, d n ai ', r 10 /',d. tl r., ix, o, .. s to your landlord notifying them that you are unable to paY Your rent due to COVID-19 related hardship and explain how COVID- 19 has impacted y0 , r (, 1irry + J1, v it P- , i i' , y� b b ,[, F r i /i+ i ,I... I � la Upload a copy of this letter to your application portal. Step 7. Upload the supporting documents as requested by the application portal. Applications will be reviewed to ensure the correct documents have been uploaded in order to receive assistance. Step S. Make sure you have completed all information properly and correctly before submitting. Important[ Applications cannot be submitted without all of the supporting doouments. YOU CANNOT EDIT YOUR APPLICATION ONCE IT HAS BEEN SUBMITTED. Cor.n.v,rus Emcrgcncy RenLal Relief Fund fur rCnanLs ProEr6n) culdrinics as of+ �....v ,-., , iJ,., 2021(, Page 1 10 City Council •� 7/6/2021 EXHIBIT 5 For Households with No Internet or Email Address Family members, friends, or a cage manager i 1 ,d 1= ' ., [,, I ! Ir I N r. I c, can assist you with completing the application by computer. If you do have someone to assist you, please ensure you have the required documents for the application. The documents will need to be uploaded to complete the application. If you do not have access to the internet, please call one of these two nonprofit organi7atinns to request an application: • Catholic Charities can provide assistance in English. Spanish and Vietnamese. Please contact a ) i d, o o"N , � a , at Catholic Charities at (714) 347 jf, ,S, Sao(,, or The Salvation Army can provide assistance in English and Spanish. Please contact Tabitha Walton at the Salvation Army at (714) 384-0481 ;)I,f lrrulyyr fVl, V Tj�})grrl}]II. ,,);, rI I Formatted• Po, T iD,t, iIT) n , 12 a If the household does not have anyone to assist them by computer: There are two options: Option 1. You Can till out a copy of the physical apphCatlon In English, Spanish, or Vietnamese at The Salvation Army Red Shield Community Center at 1515 W. North Street. Anaheim: (714) 783-2344. Please call beforehand to inform the Community Center if the applicant chooses this option.,. t;;-uhe Community Center is closed to the public. 4 If households chooses:: Option 1. household will need to bring copies or originals of the required documents for the application. Applications will not he accepted without the supporting documents. ,max IV, Ir s .q-O -:.x II..a a" e,WH ,n, d el 1 . n i IIW 'afi , 'Naha Pia A IN '(a'.)}, N� d,or ll aci+. ,• w o, .—�,m,� rw9 I Id,,r H4, r++,.,7 d,1 ith,,,.N A, NIMI wh I1,n-r„..r,a.aa 11_raI, ,N,,ra, ilNra1 ,: y 11 ..11 qr ...Ih cu,-Y.T11,I +n .Y1 Fa"yI 8. Nn iY n nIJx1. w aON Y O ! r ,. II ! , 1 11 ),I 1 i II Yl Iv o 1 „ )NTd II N,,.rl, I nr , , ,0. NVa 1t I , n ,J ,r, " _ YrY, I'T U, a1 .N I fbri I la i,..o. ,„rqr.,_ ,r 11 li F +AYUiV 'F,r1 Hy,,Nal 11W Irt "fn a if I) m. d d' 'g f M "''W a Ih 1ai-f Coronavirus hmergency Rental Relief Fund fur IenanLS ProEr6n) c3ulddilics is of+ N,...v ,-.� , iJ,., 2021.ri Page 1 11 Field [ode [hanged Fartnatted: onr. 111efqu1T) A, d 1 City Council 9-45 7/6/2021 EXHIBIT 5 f ,xyL. ILL llrl a I"ra -xl�. .,LIP- rp ..,ir—Ia.i lL n. r; rr..�dd�e r. ;-;-- L.oto�dour4 x.r, 1 A y h r.r .3rar VAN Li ref rr Lai a�.L if y.- The Neighborly Administrator will romplete the application through the Neighborly portal on your behalf. Option 2. If household cannot rome to nne of the non-profit office locations, the Neighhorly Administrator can complete the application with the household over the phone. Household will need to provide the supporting documents to the Administrator by email or fax before the application can be started. The application cannot be submitted without the required documents. Email reri»,ttenr .(oaf, i,)A, v,. Fax: (714) 783-2324 Formatted. Sp Ile Alai Op Duplicate Applications. • For applications with the same address ..a I..applicant first name and last name, the City will accept one application submitted and reject the duplicate application. (Scenario # 1) • For applications with the same address but a different applicant first name and last name. the City will review the application to determine if there is a preponderance of evidence that the application is a duplicate by reviewing the names listed as members of the household, the household size, landlord information and any variations of the name or mailing address. (Scenario # 2) • Duplicate applications will be rejected without any form of notification to the applicant other than a "change of status' in the Neighborly Software System to "Withdrawn" with the word "duplicate" noted in the status details. Applications with Addresses Outside of Santa Ana: Applications from residents living outside of the City of Santa Ana will be rejected without any form of notification to the applicant other than a change of status' in the Neighborly Software System to "Denied" with the statement "Out of Area" noted in the status details. Once the Application is Submitted I " f ; , 111,E . I I F d r , f 11 o f , f z, I �6 " � Formatted. Sp. cc Bcforc C pt _. — — — — J L ,ry.ol.L Irq +r1 .oir+.a+ , Ianrn+ i L rd" rnMrl nIN. rc,I a Cor.navirus Emergency Rental Relief Fund fur len8nL5 Rroer6m cuidrinics is of+ r.... ,-.� , iJ.,2021(, Rage 1 12 City Council 9 — 46 7/6/2021 EXHIBIT 5 II'1 Il 1411.II r, r L�1 �A r14r I�r_ 'o i Processing time depends on each applicant. The average length of time for processing is expected to be four wccks from the date the application is , a. 1 r. + , f: i if t ym ,if,, ., until payment has been processed and sent to the landlord. If there is unvenriable inrorrnation or there are multiple applications submitted all at one Lillie, the four -week turnaround time may turn into six to eight weeks. Applicants will be able to view the status of their application by going online and logging into their account at hupr-a[y_r rt;Ln[Ightx dy+ �ftw- r orn/ int; tu--Vpirtir ipanf/I o„�tn You will need to f Fo,.attcd. roe, rncl,.,i,) A,,i I? pr f log -In using the username and password that you used to complete your appllcatlon. If you have any trouble logging In, please contact �d I I -, i r I'_ it , i 1 _ Field Code Changed Field Code Changed Formatted: onr 1)e iJT) Ari al 1) pt Formatted! ron,{ueraihi A,al 1i pL l If you are approved and selected to receive $,+ N . r nrf In rental assistance, you will receive an ernail notification that your application has been selected and you will be awarded the rental assistance payment paid directly to your landlord. If the $., . I Ij does not cover your entire rent, you should work with your landlord to set up a payment plan that will allow you to repay the remaining rent you Owe ". ii� I, A+ r r f 1 r r 1 n r +r " " 1 1 r G'd I ff, 1 f J f 1 ., +_ Field Code Changed i II rll. L CARES for Tenants Timeline Ir M1'A , .o Irlrro t Applications will be accepted until all of the funds are exhausted. Still have questions? Check out our Frequently Asked Questions on our website at wtrrw ;,,,tort lns_„grr)(r rvkllr}(nr lrr6frE FqP t„li nr ____ ____ ____ ( Field Code Changed The City of Santa has partnered with two local nonprofit organizations to review applications and make payrnents w r ,� err, tv..ai9 s. Please contact one of the two organizations listed below if you have any questions. Catholic Charities of Orange County (Languages Spoken: English, Spanish, Vietnamese) r .y r 'k"m." ,, � ,n 1820 E. 16th Street Santa Ana, CA 92701 ( 1'11 1C. L..': Field Code Changed Cor.navirus Emergency Rental Relief Fund fur IenanLs Page 1 13 Pro( r6m culdchlics as of+r.... v ,-.� , iJ,., 2021.ri City Council 9 — 47 7/6/2021 EXHIBIT 5 ed F? . (D( f, A.) A, 1 V pr Salvation Army of Orange County (Languages Spoken! English, Spanish) Tabitha Walton The Red Shield Community Center 1515 W. North Street Anaheim, CA 92801 (714) 384-0481 pt, f 3fnily, t„fVir t {cr)dm iil t :ai I Formatted: Fonc fDefa,k) Ar a1 12 pt ......... ......... If you have any additional questions or you are unable to reach one of the two nonprofit organizations listed above, please contact: Maricela Marquez City of Santa Ana (714) 647-6962 tarn LrGu. -.{af uit-- 3n� nrfl ( Formatted, ror, (neJa.In A, a1 v pr Coronavirus Emergency Non Lai HO icf Fund fur Iona n Ls Page 1 11 Prot,r6m culdelnics as of+�.... v ,- , iJ., 2021.ri City Council 9 — 48 7/6/2021 EXHIBIT 6 The City of Santa Ana recognizes the financial hardships faced by many of its residents due to the Coronavirus (COVID-19). In response, the Santa Ana City Council established the Coronavirus Emergency Rental Relief Fund for Tenants (Santa Ana "CARES for Tenants") to provide emergency rental relief for qualified, low-income households who arc not able to pay their rent duc to the Coronavirus ,v ,1 ,If, ' r II 1_ ,I i i << 1 0 ,I_n 1 ,1 tf i 1 nl1 d I ni Id A , ii, _� y 1 d 8 If If f , 1,f, ,, I , , d1 .11 f I,yf, fnv f(I ,111 n_ 1 1 n PI 110 f ,, dif N , 11 ,,f If I ,f1 1 ,10,1 ,7 v rP ,1y11 ,l x,xd ,Ar, ,.v, , 1 t Al i r Hi, ni,r H,1 ,h 11PI, I _in1 x iI „i, 1, of 1,�_ r,itl,r i, 1,f r1 'M - 1 0 'v 1R.: r` 141 n nx.x'�J -"m xA x nn" 1 S 1, {3 „101 .. M .. .1.R a. ,, ..... 7 ,., , If d, r , ' ,7 n 7 ,31 "1140 O.A c�-:v.18v.A✓ .�g,rr1 i x,xa +f Al r� 1, . A f a f f Formatted: Ind-nc Leh G 5 s Ir i i i f r.: r„nx Nr�t 14 "I„q-1„ —. ,v, ,lrgpwr, 1 Y.n yi, fy Y ,,JIf, r, Y'f ,,W 1,�f r .r+ 1 r .,V , ,, I , i, r ., '„r, n 1, I "N f1. 1 f7 1, f, , ,„q . r,.Rfl nr;:,'rIl Wf, IS, rr" rri"r("" These frequently Asked Questions provide answers to the most common questions regarding the CARES for Tenants Program. 01) Who can apply? A. Low-income City of Santa Ana renters who have been impacted by COVID-19. The renter must be a resident of the Cily of Santa Aria with a current lease or Sublease agreement with an address in the City t In1,M"i n .;a1 a 11, In 1 ,1 f If a 1 0, rf r ,,, u 1 vl v , _'' , + I 1 I _ ,, The family must qualify as a low -Income household according to the income limits below. M-•k4XXA b x rxtkp x1aHHkx :I0R, x-rxxx y up ss Mf /ry ,PA yr x-HH Mfhh x-n A x':y n¢,nn nIt OM "A A a *,, 't,uH e yx.rt' "' 1A 0. n ;nn xA i 7f AY 'd%. Coronavirus Emergency Ron tan Rdef Fund fur Ien8nt5 Page 1 1 Frequently ASknd QUOitIOn. , I ;i I f x:,,I. Formatted: Four: kal',c, Fanmala, Ra. Formatted' ronc: Ital'.: City Council •M 7/6/2021 EXHIBIT 6 Q2) What is the eligibility criteria? r f , nM a c w,s , f, , I P to A. Renters must meet the income qualifications as a low-income family earning no more than 80% or the Area Median Income. The financial impact on the family's inability Lo pay their rent musL he as a result of COVID-19. Renters must provide documentation of their inability to pay rent due to the Coronavinis in the form of a written letter to their landlord. The letter is the documentation that the City is requesting to show that the tenant cannot pay their rent due to a reason related to COVID-19. (If you have a concern about sending a letter to your landlord. you can address the letter to the City). r r_ ,)a I _ tr .I ;y G x _ f 111 _ rt t �� NI 11P I+: �:d r if + IA I f r f ou t 9 f I yr /A,I fvt l d iM1 Y I , t I II I1 I f rr in IIef II tI � rI m1 d1 r1 td i �tan r I vd o i o -r I I r ',d Y� r �h I nI yu art fr A 11 1, [1. i0l r let, /,A _ V 1 I i 'i111 t 11 1_ r 1 r l t; i t, _t p t r If, 1 fA /°. r1 3 t, )t VtiI 1 ,41,1 „aIn I.t,3,N {„axVf1}B Y, V I.lr+, Iln yri Y,4I t Ir d J 4r4-+ r,, I,.t_ 1(IV fvdwt+> I1t , H f ax 1 1 1,I It .f Ia , I f; 41i ra f 1 f3t Iv p N^. r I ntlr r1 r t'_ o cto11 �o� < IIr Irh .Io �v d;.n Ir d s,; "4,L )f1 ., - Varna'. Y I I Coronavirus hmcrgcncy RcnLal Relief Fund fur IcnanLs Page 1 L FrrquCOLly Asknd QucsLIOIL I ( ;i I I a:,,I. City Council 9 — 50 7/6/2021 EXHIBIT 6 ao m (Ow M r,.y= n , ,V,rtr-r,;, ,r rf: 14 ,I � era 1, I ,tr , ,rr . 1., c ,(,,r..a—Receiving unemployment benefits or a stimulus check does not make Your household ineligible. 03) When can I apply? rp,i, r, o n'„err , to rr A. Applications ;, v r , i , available online, at our City offices, in -person or can be requeMed directly ., rd,fl 7 H) e, ,4 a rya i V r io irrl i 5, , )[ i ( io ,✓ ,,.d . You will need to submit several documents with your application, so make sure you have them ready to go before you start filling it out. You can find a list of requirements under our Program Guidelines at wtY.wsan:k.;a:: ar i c,rdMgvrll_9/r=rrf,aB_tr!:_BIf(,_rry�fc r_[_-rr;;in)_s. There is no deadline to submit the application. A weekly lottery and application sorting procedure will be conducted to randomly select applications that will be processed until all of the funds are exhausted. If you do not cornplete all of the steps in Lhe application and it does not have a status of "application submitted", it will not be included in the lottery process. Q4) What are examples of COVID-19 impacts to show that I cannot pay my rant due to a reason related to COVID-19? A. Examples include, but are not limited to you are no longer working because you were laid off: you are no longer working because you have to take care of children, you are no longer working because you are sick or you are taking care of a family member who is sick. QS) How much financial assistance is available? (tI , r , ! 111., ,,1, , ;.ar `r, >. A household can receive $+ M,, ; for rental assistance n, rorma0tcd. I nul,r, I,n 044 _ III I .IN rt f vi I I mI , _ „r1 irl ,i , �P r I, IMII boo i _ ENV n v d r i+ it n [if �_ If I 1_ h 1(J I. rf f,j I. , , rr ri =f I , ,h V I t r n 1 v rr 1.I , n I^ I; I t rii r ti + i ,h= ,ro rr ,h I" I r Pd I. to ,y to m h y Ion, _rlr„ V/i i r IIr ,� rn os, , q.r III n, ifn T.; 'A _ N' , n , t,ri _, I 0 I(( , (' III .W.!N ,I, r r jr,l, r, 1 f ! 1 A ,p 0 I ry ( rr Y . l r _ , r0 1; I , , r q ,t:Iil J.. .L „ +S. f I�,., Si,.,,�n,,, „Bd i',n�o, .IaN iV,+ +- �Fonr,atted•lid-nc Lift uG9 NC Lulkv _r nm, ho n<1 Cor.n.v,rus Emcrgcncy Non Lai Rd icf Fund fur Icna n Ls Page 1 3 FrryuonLly A,kcd City Council 9 — 51 7/6/2021 EXHIBIT 6 t r,, How many people will receive assistance'? „r ry r tr f, r vI':, T, Ar;r-- ---- f Formatted. lridetit Lch t 31 No l.dlry or A. We estimate that we will be able to serve over 1,500 families with emergency rental assistance. This number is subject to change if we receive additional funding from the State or Federal government. Q7) If I receive this assistance will I have to pay it back? A. No, this assistance is a grant and does not have to be paid back. Will the rent payment be paid to me or the landlord? ' ,74+., , 44 n, r e 'Yh "IM Formatted. Indent L-ft C 25", No ballets or sl i I I 1 a If T, In f t i A I A I fnha (, X r a I 3 I. II 13�� _! , Ol (, ( Itl f , FI I In Ir t1 nll [N ;lA _ Formatted- Indent Left C44 Line _pac ne Mo Ingle III ) I l t l Y n v I J H I t I' � n151 N� (I,r,�d- 1:2-Nur 4 I;lyl�-. a, ¢, - - _ C, _. Mart al al g ent I efr Aligned =t 0_�5" �Intlenl3L OE" vdldow/erph3n con Vol — ��Anr 1 4 I �:-4 rrr I'T �y on'A4A- I 1 . (r 111 1 ID / I, qyl .Yr /Yt/+ I I d IT, 04, MIN (iI ,- 7 . My rent is less than $3,000 per month. How will that affect my award amount?,�,I grl;n;,l trl, r! a",r I�Tup- --- Funr acted lf.d,II Left 11 Li Norulleth A. The Coronavlrus Emergency Rental Relief Fund for Tenants Is a A If, I'YIIHIIWI Ar[ I r IT, , ),�iw I of$ '111 m,i per household l,,TO , a111p 4, , p n.r „file ..I fm,y I, If' Ir YNI!, ill -Vi Ill fkA,l r40 , Ill f r,l I, ICI AID ,I I-. _1 /I I IX.I,_ 1 I - IIGI,�_ tl/ ,.I ,1M I,1 IaI II I " , r' IO/ 1.i/ I ( .I Y II Ot I dl if /A( II I , I, I IIIII II 1 1 1 1, , 'I I _`4 2 II,,, s p INN r IT l I II -I rArI I., I If I r { h I( Y Iilf I, _1 Iry j' _i'I I�u I W I v _, f, n In nn /, ,_In If r II J AI Id R 9 II Y I I II I , , )IiII I I(9i I,^ II I I Ir ^(^ IA , 1 I 1 II I IIP!i t 1 Wqp } B¢^, Is the application available in languages besides English? A. Yes, the application is available in English, Spanish and Vietnamese. 16 AI How can I apply to receive rental assistance? 'r d, r 11.-.d va r,II i ^I, 'IT Cor.navirus Lnlcrgcncy RcnLal Hchol'Fund fur IcnOnLs FrnGuonlly AACd QLnJiLIOnn, ;i I (,:,,I. Rage I I City Council 9 — 52 7/6/2021 EXHIBIT 6 Formatted- Indenr: Lift u25' No LJIl ti A I ,r ,1 o.r.,r. -F „ , + .i I I' ,'4 . 0" a 11 d" lease visit II1r //,. , , � , I , I , I f r,.1`, II Id / i, fI If, I, II, ,i, _,,,a. „8 to complete an on-line application. There is no deadline to submit the application. A weekly lottery and application sorting procedure will be conducted to randomly select applications that will be processed until all of the funds are exhausted. , — a<:I if , &A ,.r; 1111, ,c,, I + , t , n I, d a .;.t,.. Lror yr . +, it .t+, a 1 r,, i ,, , pf 1,,, 4 The application is available in English, Spanish, and Vietnamese. The following cincurif are required at the time of submittal for a complete application packet: A: I r if [,,,I , i f ifa I I 1/ I I el IL if . Iy ..'I , „ 11 , y,... do I I t ,I, i IV I 1 0 d.j %d 11 L7..i r pI r._0 ,'I, If" o 1 I+ d I rit I, ro,. 11 rif I+ dl,. 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City Council 9 — 53 7/6/2021 EXHIBIT 6 r I1;iI u I 1 I Ir IT I :I /, jn6 J , 11,8. I , II I I , I 143 lid r j I I . Y ^lT,. ^. 'om , G^ >om ,d„IrI p I.I^.I 1m �^ zI:. d8- (t io io.-.1 rri uu f r iI y+ v i ro 11 rh,k1 n� , ni n_ rI fI , r,I>1 81r dl ,f ,I I}I�f Iry IIII . I .a r 10 v rlpv b v I ro :;I,r ii r^ Iffy r:a^r1 r r New Htll p t 44 r?,lr IX drr n-1141 I!, -inn pe4 41(.t 4 t, I I , II I I , I aa_i,,,, r„ r . rrdl,I , i II,I , I,v I{I IN,f,I, („ 6 1 Y f i , n II, v, Iaw p,r ,,^ w I f I W "I,In —Ff II ry,N„e.v,d,dr„ ,>,»Ia, rxl lv fN,.I,, Ir », �✓I lrr is »811ni"I rV� ^•tlA0.»»Y 11 Fl"d HN ql YN r +rrfi r.I Fl rV+r—NV^YiV# , I IY 1„IJ "elf 881 ,38 ,Af I r Y2I rI I=1 ,. I II I1r .rY An >j rd Hr'-1 Inf I, V, f V r fk,i I rIIwH {I,If , v,fi^n� I III r+li rra,I ,^l^ r3ln ..vr ff .y ft, rrf,l e rl, tta -afIf fq a11n'. Formatted: 1111 rotor ter ' �.,...... r Coronavirus Emergency RenLal Relief Fund fur IenOnLs Page 1 6 hrrq uen L I V Asked QWJiL1011., I ;i I I,:,,I. City Council 9 — 54 7/6/2021 EXHIBIT 6 U1 I I M f I r, 11, 11,,, I l 1,'a P,I V,1 i111 ,�, +r....I DO NOT have internet access; how do I apply for rental assistance? A. If you do not have access to the inlernel, please call or e-rnail one of these Iw nonprofit organizations to request a physical application: Formatted Indoor I aft n 1, No If Aar or m----. ube oc Formatted I ldnv l aft 0 in No hullrl:. o, O nnlhar,g Catholic Charities can provide assistance in English, Spanish and Vietnamese. Please contact ". I I1 I t, III, 'r r i { / I ,+ i 10 ' ,off _ r F/ +1±f I f,'aadf , ,f 1 "WO to 1 ln. fi(1, -1 14/ The Salvation Army can provide assistance in English and Spanish. Please contact Tabitha Walton at the Salvation Army at (714) 384-0481 yx;;f:;irn lyj;s�ry i5;q;�str&)grnail__cz;�rn. You may also contact Mancela Marquez at (714) 647-6962 or rrtri if rc l,lr;>a_.( it.P.J: �arcp. ,, tl ---_How long will it take to process my application? ur , r., o �L , 7u , T r; n Fnrmattcd: P-, for f,,.,I,) A, 1 11 p1. Gird Formatted: Nrlrrnol, Np 'ptJUf. pr ntinl'p p,ine7 I Y, +1"II ""A , YI Ir, rl I, ,11 , I, , ;It .non Ili t i1 I r/ Vf , 4 _ - Formatted _b.i P:e qr I, Lr „111 • I if,'f, of IJ . r, • I 'Kf 1, 1 1 1, nf"Uk J for Y .. ,c LpaoilgMoltiple 1.15I1. Nanitarad a,e1- J f,s ,. _� r - r.11 _/ , vf I , , 1 „tf f 1(I N't ng i,yle: A. U. C. - S.ae it I . Alignment of. i Al ,i,o . n b d,, r;it n ; Po"N ,1 ,.ICI G+1 ,I, ,;-,„1, i 1 ,L. 0,1, 1 1 Ily I1h - - - - <„ Formatted' r.t Psi rlr,pll ldsnfie. It lenT: Left : 0 h9 Wc.naun¢ Malholr, I ] 1, ¢ o - xl , +", y ,os.I i I "I Y r.. n1 , - i n It „1 ,hr ,, o , „..m . ., 1 I", I i Formatted. F,t L 1),.fd d0 Ar J 12 1)----. ---_ I I I l d L "WY a I /;71 , o" '""A , l,,, 1 I11 ]I I, i It In It( o f l W 1 ,+ d C do n d I nd ,I 1 1 I,I',1, 10 I it Iwo D +NA V 111r n l 1(8_, io,_ 1 , 111 l- 1 i , - i ir.-, I 1 - I Formatted! 0111 Nefaulp Aral 12 pt 'n,— Y! W 11"1 71111, ll ", IW W + d 11 7 .l., a I ,., / Y 4, AI'llf I f, Formatted! PonT fLefaulTJ Ar al 12 lit. N, u d�rll ,a ,.ifI,i , I, ,Nrv1+ I1,171"1111 I,ifl,t4fl "w 1 0o, r,lor Au( -- oo. 1 f.In ,, , ,, 1 n, .r , V,Y —11 1 ,llnl 1 ,i d il,.d . n, ., In , f — al la+ a+ .;y, 1r a ,! 1dt, ItIH n1 I r , 1, -e11f I v,1 r fa „f if ogr' , hrY1 if '1" .n , ai"W If, m,1, 1f, , , twil, o,r .1 l,nxrt r..,,, ! n- 1,,,, . 1f I It „o"p I .,, , , Cor.navirus Emergency Rental Rdicf Fund fur Tenants Page / Frrquontly Asknd City Council 9 — 55 7/6/2021 EXHIBIT 6 application? A. You can check the status of your application on-line by logging into the Neighborly application system that you used to submit your original application. You should have a username and password that you used to complete your application. Please write these down as well as the application number that is assigned to you once you start an application. If you have any trouble logging in, please contact ,J . I Iri I d ,f 11 I :. , I It r,' 0 I, 1> If r _ I I o r,. n1 t n" , r,, ea ,,. n , ,,t d1Fla ri,I .-Fa1 f. w4l, 7.+, N, I I I L m ,, „ q. Tabitha Walton at the Salvation Army at (714) 384-0481 ucfeirnilygc rvic_f =:j�x rn ;!il.cc�rri; or Mancela Marquez at (714) 647-6962 or Ll:tdi.;iLft1!1it�L(t�.F:siLltsl: "altl£A:SLf.;�( kp a) I already submitted an application for $1,500 K a ... aariy e rm ,"Ir ra nay .c ;! i Fermaetee o5 ,u5hc an na :N, s,tlUtlVatl in rental assistance. Will I automatically be considered for the increased amount of $,fl.pDgPQV R.,;rQ9tl9? (Uprvrf aPJ Rix,,t, 9 2021; a I'V Form tted I,d-,, L&L O,. M1u111�L A- `r4 . W `w , vv e Id If do,- Ir , , yr n I A ly_o) G I[ l n .a o.` r 1 1 , fI, ,o^la "o I 11, 0 I"Id , ,�_ I,. , t.r. _ I Commented tBJ11: Q17) My landlord submitted an application for the Coronavirus Rental Relief Fund for Landlords (Santa Ana "CARES for Landlords"). Am I still eligible? A. If your landlord's application for the CARES for Landlords program was approved, and your rental unit was included in thaL application, you are riot eligible for the Coronavirus Rental Relief Fund for Tenants Program. 018) Are citizenship documents required for this program? A. No, while we do require identitication for all members of your household, we will not ask about your citizenship status. I are asking about my race and ethnicity? 1+, tl f ,a ' a ,I , Y....Why you , pap L,pt.°,p 1 ,; F.V tl"a.- f Formatted: I,dcm Lcfr u25 No bullctso l If, 114 r3.t , If a R rtl _ i l l / I] t i l I I''sl .+V^ I 1 _r 1 1 N I" ..I n 1 il,+rl ,1 11 I , 1 It I I, I I In / tl I, I, 1 tl } I 1' o I I� nl Formatted: ".insL,ft Lla4' N,1111 ,r �d+Lev rve J of it( 1 fn i , III r IrvI „ I my a, Nunn^nnu xyl, A. Li C - S,w, at. I * AliItn..wot f eft i Al gnec]L OS I ,denc at 05 t3 I I I"If r, _• I + „1 ,�,I — — — — I d , ,dd I I , G.; d Al ['ft.. IV[ ,,=n 1 , !Y ( '"', h(,n if IY 4 ! I i"A'111 1! 3 "w" It! —.I I. .IALH1 I1, ,. ^«,I.trr iI'T 0d V"I,aI , 1-4nr+,VlI^,a .,., r I„, I Id,, III(, 41- (,y Coronavirus Emergency Rental Relief Fund fur IenanLs Page 1 d FrrquCOLly Asknd QucsLIOIL, I r I;i I r,:,,I. City Council 9 — 56 7/6/2021 EXHIBIT 6 fW TA1 1..........Should I tell my landlord that I am applying for this program? A. Yes. communication between renters and landlords is important. Most landlords do not want to lose good tenants and communication can go a long way to help maintain a good relationship. g4 fart,',, ,What if my landlord refuses to participate in the program? ;r,rro A. We hope that will not happen, but if It dots n , t n A I. 1, a. 1 11.,_ r 1 I' V1,1 11� ✓" r I i X , I r 1 W _ 1 ) /r I1 , "V I✓ I I v c I T If, ri , .i it rd _✓ v.r r :;v "r r :,1 rr Id _ 1 I 1 P, I ✓ IA, IT ✓ 1 I d11+ iI 1 _ I'If 0 rI r_ I� r.I , f ✓ �✓ rf1f, I✓� ri ✓ I n _ I : 1 r r �. r ✓ 1 r+ m I o✓_✓ I✓« i i i_ I✓ 1 , i i p_ r r `' ✓, 11,41I IT, f I ( J( 4f r f I 1 I fP.D ,✓rvr .�:_ I_ ✓ 1 if r ul ,: _I f �hr f . J n ✓' 1�I n i;ir r r n �p r r,1o{ r✓ )i. ✓ v r o, rrn 11 rl t i " r i. ✓ I :. II II IT, I .,,._ . , ,d ,A..,. .II We believe most landlords will be glad to receive rental income and will be inclined to participate. CVIIrt"t"f?f How will I be notified if I am approved to receive rental assistance? A. You will receive an email notification that your application has been selected and you will be awarded the rental assistance payment paid directly Lo your landlord. You may also receive a phone call it you do not respond to the e-mail. 4 kr4"t!.°..f:%>+.......... Why can't you pay my entire rent? A. The need in Santa Ana is great due to the Coronavirus and we want to help w:: I : 1 i I h ❑ IN , ',I fI IfIr" "'. We are doing our best to make our available funding go as far as possible. 442rrQ'T4I have multiple adults living in my household. Who should submit the application? A. Any adult that is listed on the lease can subrniL the application for rental assistance on hphalf of the household. Your household should only submit one applicalion. Cor.navirus hmergency RenLal Relief Fund fur Ien8nL5 Rage 1 a FrrGuenLly A,krd I I ;i I T,:,,1. "i Formatted: Fong fDefaultt Aria) 12 pt. Eold City Council 9 — 57 7/6/2021 EXHIBIT 6 childcare. Am I eligible? A. Yes. If you your childcare provider or school closed due to coronavirus and you had to leave your job or reduce hours to care for them, you are eligible for this prograrn. Q25) If I have questions, who do I contact at the City? A. The City of Santa has partnered with two local nonprofit organizations to review applications and make payments directly to landlords. Please contact one of the two organizations listed below if you have any questions. It is most helpful if you have your application number available when you call_ Catholic Charities of Orange County (Languages Spoken! English, Spanish, Vietnamese) l 4C " r I. 5_ Salvation Army of Orange County (Languages Spoken: English, Spanish) Tabitha Walton The Red Shield Community Center 1515 W. North Street Anaheim, CA 92801 (714) 384-0481 c,�r-:farniBy•{ rvi� cz;.(ri?_arrisaiB_,cnrri If you have any additional questions or you are unable to reach one of the two nonprofit organizations listed above, please contact. Maricela Marquez Cor.ndvirus hmergency Rental Relief Fund fur IenOnLs Page 1 10 FrrquenLly Asknd QUeiLIOn. , I ;i I � s:,,I. City Council 9 — 58 7/6/2021 EXHIBIT 6 (714) 647-6962 111rna1si!1WzCf,� 1�ni;�cana n_r�a Coronavirus hmergency RenLal Relief Fund fur IcnanLs Page 1 11 FrCq UeOLly Asked QUCiLIOn. j, I I ;i I � s:,,I City Council 9 — 59 7/6/2021 EXHIBIT I State of California BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY CiBvin Nsww;om (xrvrrrior Loo, deF, M. Q.ASIrr,) I2 ainir�z,',,, �,.ary California Emergency Rental Assistance Program Expression of Intent On December 27, 2020, the federal Consolidated Appropriations Act 2021, a $900 billion COVID-19 relief bill, was signed inlo law and $25 billion was allocaled to the United States Treasury (UST) for the Emergency Peentol Assistance Program (ERAP) to assist households that arc unahle to pay rent or utilities due: to tha COVID-19 pandemic. California will receive $2.6 billion of the federal ERAP funds. To implement these rental assistance resources, the state of California worked with the state Legislature to develop a programmatic trarnework that eases administrative burden and most effectively deploys these resources to those most in need. On January 28 the State Senate and State Assembly passed the COVID-19 Tenant Relief Act �`;.P,...`j.a.), extending eviction protections through June 30. 2021 and creating a mechanism to deploy $2.6 B In lrrl A, is (rir r Prrx{rcirri (ERAP) resources to assisl struggling lenanls and landlords impar_led by COVID-19. In an effort to understand how local jurisdictions plan to deploy these rental assistance resources, the state is requesting Counties and Cities with populations of 200,000 and above that are eligible for a direct allocation from the LIST to complete an Expression of Intent survey by February 3, 2021. Jurisdictions are encouraged to submit their responses as soon as possible. By February 12, the some Cities and Counties with populations of 200,000 and above will be required to complete a final Expression of Intent Form submitted to the Dcpartmcnt of Housing and Community Development (HCD) indicating: A. The Jurisdiction will participate in the State Program and will also direct its Federal Allocation through the State Program to serve its population. B. The Jurisdiction requests a State Block Grant and will conform to the State Program Rules when self-administering a combined Federal Allocation and State Block Grant local program. C. The Jurisdiction will not conform to the State Program Rules, will self-administer the Federal Allocation, acknowledges Thal the Slale will also serve ils populalion via the State Program, and accepts responsibility for duplication of benefits checks between the two programs. Based on the final Expression of Intent form, HCD will issue a Standard Agreement to eligible jurisdictions that select A or B to facilitate the transfer of funds either from the jurisdiction to HCD (option A) or from HCD to the jurisdiction (option B). 915 Capitol Mall, Suite 350A, Sacramento, California 95814 (916) 653-4090 www.bcsh.ca.gov 4a1�y 1Cl I t I1, ty.f dd1 rn n(r n . Cit9 Cbb'hbil ` T.. y; , (n Y�� fSQ r, 7020'21 EXHIBIT I Proposed Framework Elements: The state of California is expected to receive approximately $2.6 billion in rental assistance for individuals economically impacted by COVID-19. This funding will be split between larger jurisdictions (those with a population of at least 200,000) receiving approximately $1.1 billion directly frorn the United States Department of The Treasury (UST) and the remaining $1.5 billion in funds allocalod dircClly Io the slolc for administration. The state has established a funding reservation table (attachment 1) with estimated allocation amounts for each eligible jurisdiction. While not a comprehensive list, L r y._[ c.;lc;.r..c..al._r..a;;.<.;;fu..i.r.c: rieii 1. include: Funds rnusl be used Io supporl eligible households up Io 80% Arco Mcdiurn Income (AMI), with a priority for those up to 50°% AMI and those who have been unemployed for 90 days prior to the date of application, with funding focused to ensure rental arrears are addressed to stabilize households and prevent evictions. u 90% of funds rnusl be used to provide financial assistance, including back and forward rent and utility payments and other housing expenses - (I Payments should be made directly to landlords or utility companies on behalf of renters; if a landlord refuses to accept the rental assistance the assistance may be provided directly to the tenant. u The UST is required to recupture excess funds not obligated by September 30, 2021 and will ro-obligalc Ihcm to jurisdiclions Ihol hove mcl obligation targets. Programs must be established to avoid duplication of federal rental assistance benefits to households. California COVID-19 Tenant Relief Act (S.f}...`l.L) • SB 91 extends the Slole's current eviction moralorium for Ienanis unable 10 poy rent due to COVID-related financial hardships, as established under AB 3088, by �) months, from January 31, 2021 until June 30, 2021. • Tenants must continue to pay 257o of their rental obligations, as required under AR 3088, through June 30, J021 . During this tirne., if tenants continue to pay of least 25% of Iheir rent, then Ihey are prolecled from eviction for any unpaid rent that has accumulated through June 30 and it can never be used as the basis for eviction. the 25% may be paid monthly, oral a lump sum, by June 30, 2021. SB 91 also establishes required elements for the state rental assistance program. Though nol comprehensive, the list below highlights sorne of the key program porornelers: • The rer lol ossistance program will provide eligible landlords wilh immediale relief through the payment of 80% of their tenants' rental arrears accumulated between April 1, 2020 and March 31, 2021. Landlords, in turn agree to accept this payment as payment in full of any unpaid rent for that period. • In cases where a landlord chooses not to participate, an eligible tenant may apply to the prograirn for 25% of their rental arrears, which will be paid to the 2o, 6tv Council 9 — 61 716/2021 EXHIBIT I landlord. The program also allows for prospcctivc payments of 25`70 of monthly rent for the months of April, May, and June. Establishes a requirement for funds to be administered in of least three rounds, prioritizing: (1) Below 5D'7o AMI or unemployed for 90 days: (2) Below 80°7o AMI and in a communily disproporlionalely impacled by Covid-19: (3) Below 8017o AMI and not addressed by rounds 1 & 2. For purposes of stabilizing households and preventing evictions, rental arrears shall be given priority. Proposed Implementation Model Last year. AB 3088 included a provision requiring the California's Business, Consumer Services and Housing Agency (Agency) to conduct a stakeholder engagement process to ensure the state is ready to implement future federal relief. As part of this stakeholder process as well as ongoing workshops and listening sessions, the Agency learned a great deal both from stakeholders and other state and local partners which has informed our administrative framework on how to most effectively deploy these resources. Kcy tenants of this implementation model include: o Ability to meet the new federal AMI targets within a rapid implementation timeframe. Desire for consistent treatment of landlords and tenants throughout the state to support equity of distribution as well as clarity of messaging. o Bolancing the need of fraud prcvcnlion and conlrolling duplicolion of bCnOfil; with the need to be flexible and provide landlords and tenants with multiple methods to verify eligibility. o Ensuring the state allocation is directed equitably across the state and is expended in alignrnenl with direct UST allocalions. o Structuring a program to provide local, regional and community facing outreach to encourage participation and support applicants. o Recognition that there are many competing priorities locally and that many jurisdictions could benefit from having a central solution that removed the odminislralive and logislical burden to rnonaging This program. o Provide flexibility in the model to account for local jurisdictions' preference and needs. Accordingly, the State of California will be utilizing its allocation of federal rental assistance resources as follows: A. Create a State Rental Assistance Program managed centrally by a Community Dcvclopmcnt Financial Institution (CDFI) to servo countics with populations under 200.000 and the cities within those countics. Ensurc equitable distribution by providing these jurisdictions a state reservation based on population. UST funds administered through the program will be expended solely within each participating jurisdiction. 3o, 6tv Council 9 — 62 716/2021 EXHIBIT I B. If requested, Block grant o portion of the state's direct allocation of funds (based on a jurisdiction's share of statewide population( to direct allocation jurisdictions over 200k in population that wish to administer their share of state block grant funds, as well as their share of funds allocated directly from the UST, in a manner consislenl wilh slole and federal law. C. For .Jurisdictions that wish to operate their own rental assistance program with funds provided directly by the UST in a rrionner that does not align with the State program, they will be able to do so, but their share of block grant funds will be administered by the state on their behalf through the state's rental assistance program and controlling for duplication of benefits will fall to the jurisdiction. Jurisdictions arc oncouraged to opt in to the state administered Rental Assistance Program. Given the one-time nature of these funds, rapid implementatinn timeframes, programmatic complexity, among other considerations, the State believes that a centralized administrative structure would be most effective in deploying these resources in on effective and compliant manner. As part of the State's Rental Assistance Program, resources will be available to provide robust multi lingual technical support, IT, and communications capabilities needed to ensure the success of such o program, including support to ensure compliance with the program requirements provided under federal law, such as the prohibition of the duplication of benefits. Such a solution removes a local jurisdiction's administrative burden and risk while also providing ownership, partnership, and communications tailored to local jurisdictions who can utilize exisling channels Io refer consliluenls to the cenlrol opplicolion. If a jurisdiction is not interested in the state CDFI program, the state would encourage requesting the block grant and implementing the direct federal funds in accordance with the state block grant prograrrt to enable braiding of the funds to provide consistency to landlords and tenants across the state. To support the implementation of ERAP, the State will also create a robust statewide public education and outreach campaign to reach hardest hit communities with culturally sensitive messaging to deepen awareness of rental assistance resources and eviclion proleclions. A. State Rental Assistance Program As part of the State's efforts to provide coordinated relief. jurisdictions and Federally - recognized tribal nations may allocate their direct share of federal assistance to the state and opt into the State's Rental Assistance Program. The State will supplement jurisdictions' resources by reserving a portion of the State's direct share of resources for each jurisdiction that elects to have the State administer their rental assistance on their behalf. A sct-aside of $150 million will be created for counties with populations under 200,000 and the cities within these counties that roughly doubles the state allocation share in order to compensate for them not receiving a direct federal allocation. Within this pool funds will be reserved at the County level to be administered through the States RCntol AssistancC Program. 1 Or 6tv Council 9 — 63 7/6/2021 EXHIBIT I All jurisdictions seeking to claim their Stotc RcscrvCd Funds by opting -in to the State's Rental Assistance Program are encouraged to submit an f a fir . iri rrrif Init:nl i, to the Department of Housing and Community Development (HCD) by February 3, 2021. The final Expression of Interest Form (attachment 2( will be required by February 12 and will iniliale a Slandard Agreemenl Process wilh HCD. In ordor to opl-in to Iho Slolo's RCnlol ASSisIanCC Program, juriSdiClionS do nol need to apply to the UST for a direct federal allocation. If the jurisdiction did NOT apply to the UST for direct federal allocation by the January 12 deadline, these funds will roll into the sfofe's direct allocation and the amount the jurisdiction would have received directly will be added to that jurisdiction's reservation amount. If the jurisdiction has already opplicd, they may sign a reimbursement agreement with HCD, allowing HCD to administer the jurisdiction's direct federal funding in addition to the jurisdiction's allocation of state administered funding. Features of the State Rental Assistance Program: • Slale oulreach and educalion campaign with adaplabilily for local messaging. • Standardized, federally consistent application and eligibility criteria, accessible to both landlords and tenants. • Contracted solution with a state-wide network, including rural areas. • Robust, multi-lingual client support and technical assistance. • Processing of Applications (input, review, verification, fraud control, notifications to ICnanl and landlord, vcrificalion of accounls, disburscmanl of payment, reporting per state and federal government requirements, downstream audit management). • Central privacy protections and fraud control. • Managernenl of duplicalion of benefils in accordance wilh the Consolidaled Appropriations Act, 2021. • Application portal will open in early March 2021 to begin receiving applications from landlords and tenants. B. Block Grant Option Under the proposod framework, counliCS and cilics wilh populations over 500,000 arc eligible to request their state reservation amount through a block grant. Cities and Counties with populations between 200,000 and 499,999 are also eligible to request a block grant, but must attest that they have the capability to implement the resources wilhin the poramelers eslablished by federal and slate low. All counlies Thal receive a block grant must also attest that they will distribute assistance equitably and consistent with demonstratecl need within the jurisdiction. The sire of the block grant is hosed on a jurisdiction's proportionate share of statewide population, as set by the State Reservation Table (attachment 1(. All eligible jurisdictions are encouraged to complete the survey by February 3, 2021, but must submit the Expression of Interest Form to HCD by February 12, 2021 to bC CligibIc 5o, 6tv Council 9 — 64 7/6/2021 EXHIBIT I for a Block Cront (attachment 2). Jurisdictions arc highly cncourogcd to submit their preference os soon as possible and before the deadline. Contract Requirements Participation in the state administered Rental Assistance Prograrn through the acceptance of a block gran) will require a standard ogreemenl wilh the HCD. Agreements will include performance milestones for obligation and funding liquidation as conditions of ongoing funding_ Funding provided through the State Block Crant will be subject to the some reporting and verificalion requirements as provided under slale and federal law. This includes quarlcrly reporting rcquircrnanls, income verificalion, priorilizing dirccl payrncnls to landlords and utility providers before directing funds to tenants, prioritizing arrears, validating tenancy, prioritizing households at 50% or less of Area Median Income (AMI), as determined by the Department of Housing and Urban Development, complying with tenant and landlord notification requirements, and all other programr-nntic requirements in the bill. Parlicipalingjurisdiclions will be required to rne-el all of the personal identifying information protections identified in the bill. Further, recipients of Block Grants must also conform their UST allocation to the State Program rules in order to be eligible for a Block Grant. &5% of the 1 D`. Administration Fee allowable under federal law will be passed through to Iha Jurisdiclion Io supporl irnplerncnlolion. C. Non -Conforming Local Implementation of Federal Allocation. If a Direct Allocation Jurisdiction will not conform to State Program rules, but chooses to self-administer the Federal Allocation. the State will still serve its population via the State Rental Assistance Program but will look to the local jurisdiction to ensure there is no duplicalion of benefils cheeks belween the Iwo programs. 6 01 6tv Council 9 — 65 716/2021 Attachment 1: State Reservation Table EXHIBIT I DRAFT - Federal Coronavirus Relief Funds State Rental Assistance Reservation Table Direct Federal State 2,3,5 Total County/City Pop > 200,000 : Estimated Allocation `; Estimated Allocation Estimated Direct Federal and State Allocation Alameda $29,64A,131 DS $3190A,572.69 $61556,70374 Fremont $7, 168619.ri3 $7,715,17L02 $14,F8H,7901)6 0gk1clno $12.874.763.67 $13856,36524 $26,731 128.91 Butte $6,516.78044 $7,013,634.75 $13,530,415.19 Contra Costo $34.296,331 J3U $36,911,162A1 $71,207.4Y371 Fresno Fn:;nn $13,900.3302C $15.804.r,77.66 $14969,123:31 $17n09,6/2./1 $28,860,453.51 $32814740.27 Kern $15.343270.84 $16.513077.07 $31,A56,347.91 Ba'Rersfield $11.42129799 $12,292,084DO $23,713,381.99 Los Angeles $160.0/3. 41 O./4 $1/22//,//5A1 $332,3b1. 186.14 1Owl heoCh $13./S4,/3188 $14,803,4"_6AC1 $28,558,16028 1 oe Angeles $ 18.319,/O5./e $12/.340,6/2.03 $24',,660 3//.8 Snntn Clnntn $6.332.235.55 $6.815019.74 $13, 147,255.29 Morin $7,695.Ue,.4A $8,282.057.38 $15.977,403.86 Merced $8.255908.64 $8885358.09 $17,141 26634 Monterey $12, 90538736 $13889,32375 $26.794,71 1 . I I Orange $6S,S/6.55630 $/O,5/6,26364 $136,Ib2,81994 Arinhe.m $10.416.959.93 $11.211.1/2.89 $21.628.132.8 twine b8.544.930.86 $9.196,416.02 $1/./4i.U6.88 Santo Ann $9.88n.391 27 $10.633.69b.01 $90,514,08C,.i8 Placer $11.843.01994 $19.745,951.47 $94,SAA,964.41 Riverside $57. 267.219.73 $61,633,404.15 $118,900,623.83 Moreno Valley $6,334.495.16 $6,817,451.63 $13.151,94639 Riverside $9.851.9082/ $10.603,04UA0 $2C,454,94&6I Sacramento $30.8/4.446?6 $33.998.38499 $64,109,83 .90 Sacramnnto $Ij.9/0933.53 $16.430,�)94.09 $31,/Ci6.1 D8.....,9 San Bernardino $52023,925.20 $55989,59.5.44 $108,019SJQ64 Fontana $6.378.85491 $6865,193.47 $13,244 048.38 San Sernaraino $6, 415.633.07 $6,904,775.68 $13,320,40875 Son Diego CV1ulo Vila $48819, 128J4 $8.101.66039 $52,541,20/A2 $e.719,349.60 $101,36C.332. $16,821,UU999 Son 1) icg0 $42.333.563.0 $45.561,171.14 $87,694,734.16 San Francisco $7(,,709.989.7.5 $28.20fi?99.OF, 1,54,418,274.81 San Joaquin $13.369.956.79 $14.361,7fil.47 $27,744,740.26 Stockton $9. 297.024.87 $10005.851.41 $19,302876.28 Son Luis Obispo $£. 4173£1.71 $9.059,142.23 $17,476,523.94 San Mateo Santa Barbara $22,791,54&59 $13.275.1120.70 $24,529,226A8 $14.287.321.75 $47,320.77907 $27,562.512A5 !Santa Clara $26.938.64819` 52 22969 155.131,16034 Jose 30379739 $$ 326951San $- $63.075,700-97 City Council 9 — 66 7/6/2021 EXHIBIT I Santa Cruz $8. 123.096.98 $8,742.42056 $16,863,517.53 Solana $13,309,20331 $14,323,92809 $27.633. 13190 Sonoma $14. 69/.46/./9 $15.818,036.51 $30,S I S,bU4.30 Stanislous $9.9/3.99/39 $10./34.369.46 $.IU./08,989.// moacs'..,o $6.398.130.81 $6.886.960.-,3 $13?84,1....,,.....34 Tulare T13.800.18699 $14.91/.}Go94 $2d.n8.3�L99 Ventura $18,949,839.74 $9n.387n77.84 $39399,910.58 Oxncrc $6210.39439 $6,683.889.67 $12,894,284.56 Yolo $6. 555.847.94 $7.055,680.85 $13.611.52879 Total County/Cif >200,000 $1,112,988,029.30 $1,197,844,794.21 $2,310,832,823.51 County Pop < 200,000 $150,000,000 Alpine $81.50'....34 $81.)U'...34 Amodor $2.869,633.6i Calaveras $3.313,834.99 $3,313,834.'i9 Colusa $1555.45556 $1555,455.56 Del Norte $2. 007,719.41 $2,007719AI El Dorado Glenn $13,921,135.9/ $2.049.661.19 $13.921.1399/ $2.U49.661.19 Humboldt $9.785.79129 $9,765.791.99 Imperial $13 081,722.72 1,13,081 ,799.72 Inyo $1 30?.916.68 $1,309,91 G.68 Kings $11040,57932 $11040,57932 Lake $4.647,958.50 $4,647958.SU Lassen Madera $2,2U7,033.13 $11.357.272.Su $2.2U7,U33.13 $11.357,272.8U Mariposa $1241,866.71 $1,241,866.71 Mendocino $A2A232025 $6,262,32025 Modoc $638 222.61 $638,222.61 Mono $1042.69736 $1042,697.36 Napa $9.9a3.59636 $Y,Y4.3, SY6.36 Nevada $7.2U1.2U9.89 $7.2ul,2u9.89 Plumas $I.'i57,A57.AI $1_157,A57.A1 San Benito $4,534 CI44-11 $4,534044.31 Shasta $12999,788.2S $12999,788.25 Sierra $216,9'27.83 1216,927.83 Siskiyou $3,143,03521 $3,143 n3521 Sutter $7000.23532 $7; t00.23582 Tehoma $4.698.346.39 $4,698,346.39 Trinity $886f74140 $fA(r1141.41) Tuolumne $3932.71026 $3932,71026 Yuba $5,678,96125 15,678,96125 Total County Pop <200,000 $150.000,000.00 $150.000,000.00 Total County/City State Administration $1,347,844,794.21 $149,/60,532.69 $2,460,832,823.51 $149,/60,b32.69 Grand Total $1,112,988,029.30 $1,497,605326.90 $2,610,593,35620 Eslirnoled alrecl federol allocation for local governmen6 w.lh popule Hors over 200,000 based on 2019 US census dale. Eslirncled slate olloco!'. on rnelhaoolor for local governmenls is bored on 2019 US census dales. ' AO usted population reflects total county less populat on for cf'.. es mot exceed 200000. 'Re flents a carve -out of $150 million for corn r es with a popuICA art below 200000 to annount fnr smaller counlies Ihadid noreceive o direct leceral olloccl`on A11ocv.`on dislribulion s based on population percer.I-lo Ioiul for the $1 50 Mill on sel-aside. Asume; an e;timoted I.S0 percent 001e CA CA min3lrative CCAI Ve-out prior to state allocation dfiio,ition. City Council 9 — 67 7/6/2021 EXHIBIT I Attochmont 2: ExomplC of ExprCSSion of Interest Form The following information is an example of the information that will need to be submitted to the Department of Housing and Community Development by February 12. 2021 . The final form will be made available after the Expression of Intent Survey closes on February 3. For questions, please write to: housing(Q1bcs1 r.ca gov. City or County? A) City B Count If a Cily, whal County does your Cily Reside in? Name of City/County Contact (Name, Phone. Name) Email) Phone) Email Secondary Contact Name) Phone) Ernail What is the Size of the A) Over 500,000 Population you Serve? B) Between 200,000 and 499,999 C Under 200,000 If your population is over A) Opt -In to State Rental Assistance Program 500,000: (Di(eCl Federal Allocalion+Slole ReServolion Amounl) -or- B) Request Stata Reservation Amount via Block Grant and attest local implementation of Direct Federal Allocation will conform to State Requirements. -or- C) Will not be conforming Direct Federol Allocotion to State Program: Acknowledge that the State will still Serve Jurisdictions' Population through the State Progmni but Jurisdiction assumes responsibility for Duplication of Benefits If your population is over A) Yes, the county/city I represer,l has an exislingg renlol 500,000 and you are assistance program Requesting a Block B) No Grant, do you currently have an existing rental ossistancc program? If your population is over $ 500,000, you otjted into the State Program and you already requested a UST distribution, what was the value received? City Council 9 — 68 7/6/2021 EXHIBIT I If your Population is A) Opt -In to State Rental Assistance Program (Direct Between 200,000— Federal Allocation + State Reservation Amount) 499,999: -or- B) Request State Reservation Amount via Block Grant and attest local implementation of Direct Federal Allocation will conform to State Requirements AND Complete Alleslalion Form Ihal Cily/Counly has on existing renlal assistance prograrn and will be able to meel all progrom requirements. -ar- C) Will not be conforming Direct Federal Allocation to State Program: Acknowledge that the State will still Serve Jurisdictions' Population through the Statn Program but Jurisdiction assumes responsibility for Duplication of Benefits If your population is B) Yes, the county/city I represent has an existing rental between 200,000 and assistance program that is capable of meeting the 499,999 and you are state and federal program requirements. Requesting a Block B) No Grant, do you currently have an existing rental assistance program? if your population is between 200,000 and 499,999, you opted into the State Progtorn and you already requested a UST distribution, what wos the value received? City Council 9 — 69 7/6/2021 DoctlSlgn Envelope ID CH99CC9D-ADD4-4860•D206-010AO1AFF1FD EXHIBIT 2 OMB Approved No.: 1505 0270 U.S. DEPARTMENT OF THE TREASURY Expiral.iou Uat« If1(31/2021 EMERGFNC'Y REN] Al. ASSIRI'AN(T Eligible grantee name and address: DUNS Number: 0831 53247 City of Santa Ana 'Taxpayer Identification Number: 956000785 20 Civic Center Plaza Assistance Listing Number and Title: 21.023-Emergency Rental Assistance Santa AI1a, California, 92701 _0000 Program Section 3201(a) of the American Rescue Plan Act of 2021, Pub. L. No. 111-2 (March 11, 2021), authorizes the Department of the Treasury (..Treasury") to make payments to certain eligible grantees to be used to provide emergency rental assistance. The eligible grantee hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Coneogignad hy: 6AL K nf1E200167a47449... Authorized Representative Signature (above) ITo be signed fiv chief execzttive ojjicer ff recipient is a local goveniment.] Authorized Ropreseutative Namo; Authorized Representative Title: Date Sitmed: U.S. Deparhnent of the Treasury: Name ofAn(horized ReinoSOLIIative: 7aeob Leiklaluft 'Iitic. CDIW%eioi to dre Saictsy Date: 5'13i2021 Kristine Ridge Ciry Mallaper 5/1012021 PAPER WORK R EM IC I ION ACT NOIICG: The inlinmutiun collected will be uatid for the I I.S. (lovernnicnt m proceev rettuesla ftrrxrlitoit. -Ihe calinruted bunfcn aasoeiated with thta collection of infionnation ix 15 minutes per rcapnnsc Comments concemiug the accuracy ofthia binder witmate and suggeetionv for reducing (tie burden should be (Invoted to the 01fea of Privacy, IranspaCatey and Records. Depart nont of the Trutsmy, 1500 Pennsylvania Ave., N.W., Waxhington, D C. 20220- DO NO(I'send the tuna to ihia addr-cas. An agency may tint conduct tx apnnaor, and a Person is not rcquitort to reaponrl to, a collection ofinfelatybun uni it diapla(vi a valid control number assigne(I by OMn. PRIVACY ACT STATrNT.NT AUI'l(OR[ FY'toliciation oftltix in fotmation lit sutho i?rd by the American Rescue Plat, Act (if 2021, Titic 111, Pull _ L. No 117-0. PI1R11GSEi I'toanry i5 rcAOiied by the Allien(An Resale Plan Act of2o2t to identify eligible grntt6e3lCR;IpidnAB to jauvide elntagnucy rental assistance to individuals who gnahfy for mhefu rider the Act. Eligible granteeslieelpientx are state, local, and teinmrial governments which idcnnty households ingnhing Iother aarotdire lo rEquhenrents t mlaiued 'tit the Act. Treasury maintains contact information f i autl10ri�1 wptesentauve'e and contact 1)er5013x for the Imupos0 ofcrommunitxnng with eligible unrest fegading iaamx reinted to implementation ofthe Act. ROI ITINF I NFS:The in lorinnuall you tinniall nary he ahaj ni. in accordance with the routine uses out[in+j in the llCaaury'a ayatent oCrecnula notice. Treasury 017-Cnn-espondctim and Contact folennation, which can be tbuM at 8t Fit 78266 (Nov. 7, 20 in). DISCLOSI IR Fi: Dmclnaui a of tttix intbtmaunn to Treavury is rwPined in order to comply with the rquiremrnrx the American Rcacue Plan Act of2021. Disclosure of Ibis irrformatf On is voluntary, howOvu, gran0.xsfreciptntts drat do not dis,,tvw contact i"hi- inaann wilt he a ith[e to ewnmuuiea[¢ with Treasttry on issues related to rlrc i obGgat t"is ithdo the Act and this nray aPRrot the status of ureic award. City Council 9 — 70 7/6/2021 DocuSl9n Envclopa.DE999EC9B-ABB4-4858-B20e-013A01AFF'I FB EXHIBIT 2 OMB AppravcilNo.r 1 i05-0270 U.S. DEPARTMENT OF THR TREASURY Expihamm Date, 10131l2021 EMERGENCY RENTAL ASSISTANCE AWARD TERMS AND CONDITIONS 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only he used tar the purposes set forth in subsection (d) of section 3201 of the American Rcscuc Plan Act of 2021, Puh. L. No, 117-2 (March 11, 2021) ("Section 3201") and any guidance issued by Treasury regarding the Emergency Rental Assistance program established under Section 3201 (the "Guidance"). 2. Reallocation of Funds Recipient understands and agn:cs that any finds allocated by Treasury to Recipient that are not disbursed to Recipient in accordance with Section 3201(c)(2) as a subsequent payment wilt be reallocated by Treasury to other eligible recipients under Section 3201(e). Such reallocation of funds shall be made in the manner and by the date, which shall be no sooner than March 31, 2022, as may be set by Treasury. Recipient agrees to obligate at (cast fifty (50) percent of the total amount of funds allocated by Treasury to Recipient under Section 3201 to be eligible to receive reallocated funds under Section 3201(c). 3. Assistance to Eligible Households, Recipient agrees to permit eligible households (as defined in Section 3201(f)(2)) to submit applications fur tinancial assistance directly to Recipient, and to receive financial assistaneedirectly from Recipient, under programs established by Recipient using finds disbursed under this award. Recipient may make payments to a laridlofd or utility provider on behalf of in eligible household, but if the landlord or utility provider does not agree to accept such payment after Recipientmakes reasonable efforts to obtain its cooperation, Recipient must make such payments directly to the eligible household lit the purpose of making payments to the landlord or utility provider. 4. Period of Performance. The period of performance for this award begins on the date hereof and ends on September 30, 2025. Recipient shalt not incur any obligations to be paid with the Cunding from this award after such period of performance ends. S. Administrative costs. a. Recipient may use funds provided to the Recipient to cover both direct and indirect costs. b. The total of all administrative costs, whether direct or indirect costs, may not exceed 15 percent of the total amount of the total award. 6. Reportin4.Reeipienl agrees to comply with any reporting obligations established by "Treasury as related to this award. Recipient acknowleiigrs that any such information required to he reported pursuant to this section may be publicly disclosed. 7. Maintenance of and Access to Records. a. Recipient shalt maintain records and financial documents sufficient to Support eumpliunee with Section 3201 and the Guidance. b. The Trcasmy Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. a Records shall be maintained by Recipient fur a period offive (5) years attcr the period of performance- 8 Cost Sharine.Cost sharing or matching finds are not required to be provided by Recipient. 9. Compliance with Apolicable Law and Ret tilations.. A. Recipient agrees to comply with the requirements of Section 3201 and the Guidance_ Recipient also agrees to comply with all other applioublc tedcrut statutes, regulation, and eXCClhti Ve orders, and Recipient shall provide for such compliance in :thy agreements it enters into with other parties relatitig to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requlrcnchus for Fcdcral Awards, 2 C.F.R. Part 200, other than such provisions as Ireasury may determine are inapplicable to this Award and sublect to such exceptions as may be otherwise provided by Treasury. Subpart F— Audit Requirements of the Uniform Ouidauce, implementing the Single Audit Act, shah apply to this awarJ. it. Universal Identifier and System for Award Management (SAM), 2 CJF.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C17.1t. Part 25 is hereby incorporated by reference. City Council 9 — 71 7/6/2021 DocuSlgn Envolnpo 1): EB4nEC9B-AB64.4858-Ut)B-013An1AFF1FB EXHIBIT 2 iii, Reporting Suhaward and I-:xccgtivc Compensation Information, 2 C.F.R. fart 170, pursuant to which the award rcnm set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Govemmentwide Debarmeta and Suspension (Nonpfocurement), 2 CY.R. Part 180 including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.P.R. Part 180, subpart R) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set truth in 2 C.F.R. Part 200, Appendix %II to Part 200 is hereby incorporated by reference. vi. GovernmentwideRequirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Pan 21. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Titic VI of the Civil Rights Act of 1964 (42 I1-S.C- §§ 2004d et scq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit disciimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The pair Housing Act, Title V 111 of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973. as amended (29 (J.S.C. § 794), which prohibits discrimination on the basis of disability undcr any program or activity rccciving or bcncfitting Arm fcdcral financial a€sistancc; iv. 'nc� Age Diseriminalion Act of 1975, as amended (42 U.S.C. §§ 6101 et seg.) and Treasury's implementing regulations at 31 C.P.R. fart 23, which prohibit discrimination on the Basis of agc in programs or activitics receiving federal financial assistance; and v. Fitle 11 of the Americans with Disabilities Act of 1990, as amended (42 iJ.S.C. §§ 12101 et seq.), whicliprohibits discrimination on the basis of disability undcr programs, activitics, and services provided or made available by state And local guvernments or instrumentalities or agencies thereto. 10. False Statements. Recipient understands that false statements or claims made in connection with this award is a viutatimr of federal criminal law mid may, result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. I 1 . Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 CT R § 200.318(c), and that such conflict of interest policy is applicable to each activity funded undcr this award. Recipients and subrecipients must disclose in writing to Treasury or the pass -through agency, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.11.2. 12. Publications. Any publications produced with Ands from this award must display the f,,lfowing language: "rhk project [is being] [was] supported, in whole or in part, by fcdcral award number [enter project FAIN] awarded to [name of Rccipicut] by the iJ.S- Dcpatmcnt of the Treasury." 13. Debts Owed the Federal Guvernment. a. Any funds paid to Recipient (1) in excess of the amount to which Itecipictnt is finally dcicrntined to be authorized to retain undcr the terms of this award; (2) that arc determined by the Treasury Office of Inspector General to have beta misused shall constitute a debt to the federal gnvernrnont. b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasurys initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will rcicr any debt that is more than 180 days delinquent to Treasury's Bureau of [lie Fiscal Service for debt collection services. City Council 9 — 72 7/6/2021 DocuSign Envelope ID. E899EC98-ASB4-4868-Ft2D6-013AD1AFF1FB EXHIBIT 2 c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Tlensury. 14. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting ill death, bodily injury, properly damages, or any other losses resulting in any way from Cie, performance of this awm•d or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. 'I he acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient [UMMMMM- i.R4tLH3I IMM a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to it federal contract or grant, a substantial and 9peCifiC danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant- b. The list of perauns and entities referenced in the paragraph above includes the following: i. A mcmba- of Congress or a representative of a committee of Congress; ii. AriLlspectufGeneral, iii. The Govenumont Accountability Olfrcc; iv. A Ttcasury employee responsible fur ceuuaet or grant oversight or mauagemeut; v. An authorized official ofthc Department of fusticc or other law cnlorcement agcnev; vi. A court or grand jury; andlor vii. A mauagemeot official or other employee of Recipieta, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedicn provided under this section, in the predominant oat i ve. I angu age of [lie workforce. M. lnorcasine Scat Belt Use in the United States Pursuant to Executive Order t3043, G2 PR 19217 (Apr_ 9, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rci ted or personally owned vehicles. 17. I2eduein CText Messaxim4 While i i, pursuant to Executive Order 13513, 74 1 It 53225 (Oct. 1, 2009), ReeipieuL should encourage its employees, subicelpients, and contractors to adopt and enforce politics that ban text messaging while driving, and Recipient should establish workplace salary politics to decrease accidents caused by distracted drivers. City Council 9 — 73 7/6/2021 EXHIBIT 3 Santa Ana City of Santa Ana CARES for Tenants Program Program Guidelines The City of Santa Ana recognizes the financial hardships faced by many of its residents due to the Coronavirus (COVID-19). In response, the Santa Ana City Council established the Coronavirus Emergency Rental Relief Fund for Tenants (Santa Ana "CARES for Tenants")' to provide emergency rental relief for qualified, low-income households who are not able to pay their rent due to the Coronavirus. Low-income Santa Ana renters impacted by the Coronavirus may apply online to receive full payment of all their rental arrears f past due rent owed to their landlord since April 1, 2020. These Program Guidelines describe the Program Background, How it Works, Eligibility Criteria, Determination and Documentation of Household Income, Duplication of Benefits Requirements, and the Application Requirements and Instructions. Applications are available on the Santa Ana CARES website ir6_ �,QY(fPJc�Yr $S-:foY_•aF n:,lYdtsy) or can be requested directly from The Salvation Army, Catholic Charities of Orange County, Latino Health Access and/or Families Forward. If you do not have internet access or need assistance submitting an application please contact the Santa Ana Work Center. Assistance is available by appointment only. Please contact the Work Center at (714) 565-2600 or by email atr.=,_av t:,na.orn to schedule your appointment. No walk-ins will be permitted and anyone ......................... entering the Work Center will be subject to temperature checks and must wear a face covering. An application can also be mailed to you via USPS with return postage paid. The City is accepting CARES for Tenants applications until all of the funds are exhausted. "The CARES for Tenants Program has received allocations of funding from the Emergency Rental Assistance Program (CRAP) administered by the Department of Treasury: the Community Development Block Grant — Coronavirus (CDBG-CV) funds administered by the Department of Housing and Urban Development: and the State of California Coronavirus Relief Funds (CRF). The Program Guidelines have been updated to conform to the requirements of each funding source. Therefore, the guidance contained herein supersedes any previously published Coronavirus Emergency Rental Relief Fund Program Guidelines. —Renters who have already been approved for any amount up to $5,500 in emergency rental assistance, may be considered for additional assistance (up to the amount they owe in rental arrears with a maximum of 15 months of assistance) after re -certifying their eligibility and confirmation of their rental arrears is received from the landlord. "'Whero this guidance rof6rs to the "City', this includes The Salvation Army, Catholic Charities of Orange County, Latino health Access, or Families Forward as the subcontractors for the City. Background The Coronavirus crisis has hit many Santa Ana families hard. Paying rent may already be difficult under normal circumstances, but lost jobs and reduced work hours due to the virus have made it nearly impossible. The State's eviction moratorium has helped renters stay in their homes, but we know paying rent to the landlord can be a big Co Pr l o nci 9— 74 7/6/2 1 1 Prograrr� uNerilnes as of June 1, 2021 Santa Ana EXHIBIT 3 mountain to climb. We are here to help. The Coronavirus Emergency Rental Relief Fund for Tenants (Santa Ana "CARES for Tenants") aims to help struggling low-income renters who have been unable to make their rent payments since April 1, 2020. Payments shall be made directly to the landlord on behalf of the eligible household, except that, if the landlord does not agree to accept such payment from the City after outreach to the landlord by the City, the City may make such payments directly to the eligible household for the purpose of making payments to the landlord. Low-income tenants who earn less than 80% of the Area Median Income and who are in need of direct rental assistance for rental arrears should apply. In reviewing applications for financial assistance to eligible households, the City shall prioritize consideration of the applications of an eligible household where the income of the household does not exceed 50 percent of the area median income. This assistance is a grant and does not have to be paid back. See the Frequently Asked Questions on the program at vvww.santa'•anr.A.0Y4 C27B e.`.n'J(& ...................................................................... tenarrtrs. Read more below. How it Works Low-income renters who are struggling to pay their rent due to the Coronavirus can receive assistance in the form of a payment to their landlord for 100% of their rental arrears / past due rent owed since April 1, 2020, up to a maximum of 15 months of rental arrears. The City will not make payments for prospective rent payments (current or future rent), but will provide assistance to eliminate rental arrears (maximum of 15 months) for eligible households. Specifically, an eligible household may receive up to twelve (12) months of assistance (plus an additional three (3) months if necessary to ensure housing stability for the household, subject to the availability of funds). [The aggregate amount of financial assistance an eligible household may receive under ERA2, when combined with financial assistance under ERA1, must not exceed 18 months]. Payment will be made by the United Way of Orange County on behalf of the City. For any payments made by the United Way of Orange County to a landlord on behalf of an eligible household, the United Way of Orange County shall provide documentation of such payments to the household. The City of Santa has partnered with four local nonprofit organizations to review applications and determine the eligibility of families for assistance. Specifically, the City is working with The Salvation Army of Orange County, Catholic Charities of Orange County, Latino Health Access and Families Forward. Payments will be made by the United Way of Orange County on behalf of one of these four nonprofit organizations to the landlord. Applications must be complete, including the required documents, before the application can be submitted. Applications will be selected based on a written sorting methodology process that prioritizes eligible households where the income of the household does not exceed 50 cor l o nci 9— 75 7/6/2 1 z Prograrr� uNeri'ines as of June 1, 2021 EXHIBIT 3 Santa Ana percent of the area median income. Specifically, the City has a preference for households with incomes less than 50% of the area median income. All applicants will be informed about this preference through the publication of the sorting methodology, the Program Guidelines and Program Flyer in English, Spanish and Vietnamese. Each approved applicant will receive an amount equal to their total rental arrears (up to a rnaximurn of 15 months of rental arrears) paid to their landlord or property manager for any rent payments incurred after April 1, 2020. If the landlord does not agree to accept such payment from the United Way of Orange County after outreach to the landlord, the United Way of Orange County may make such payments directly to the eligible household for the purpose of making payments to the landlord. Specifically, the United Way of Orange County will make reasonable efforts to obtain the cooperation of landlords to accept payments. Outreach will be considered complete by the United Way of Orange County if (i) a request for participation is sent in writing, by mail, to the landlord, and the landlord does not respond to the request within 7 calendar days after mailing, (ii) the United Way of Orange County has made at least three attempts by phone, text, or e-mail over a 5 calendar -day period to request the landlord's participation; or (iii) a landlord confirms in writing that the landlord does not wish to participate. The final outreach attempt or notice to the landlord must be documented. Landlords are prohibited from evicting a family for nonpayment of rent in months for which they receive emergency rental assistance. cor l p nci 9 — 76 7/6/2 3 Prograrr� udNerilnes as of June 1, 2021 EXHIBIT 3 Santa Ana Here is a flowchart of how the CARES for Tenants Program works: Tenant Completes the Application I( n IT, u n u-n I n IqI 1 ten lly oot tnb}IIt'll I I IDJi}nl Ib-o w In Inn appil�a6on- Salvation Army, Catholic Charities, Latino Health Access or Families Forward reviews the Tenant's Application I h s n=vlew w ll un lode_ J Cot r ,po �ry iq had< mA fpgh w to tht I(0 , II I(, Qnsnw Iht appG�,mOn u mom, <, <ta<=<,I ant; compk•f (�, �) otnalninq :Illy Intl ,inq Ub1 11ll11 `nldfl on wn 3) Tenant is Approved for W ITT v1e tel,ant:nry Emergency Rental Assistance tf'A Ilff � 7 o rt In l Jloq of < t o , of song-ms. III--lln,ll V r rrirryr rfa al lf, n-✓., i l I l • f1 n 1 VV e 1171 lal ffl �( Ircr -(. I IT i llyV,, 11r f.. IN ,AMfn ullllllr%y �1 u1 • „ „r I e r nS t , r x The Landlord Provides their w-9 and VIV Tara Payment Information ,Iu p 0 MIT ❑, I vt 111 I,,/ IT)fYv b 1 r,ny rp � }11J F Il yn tlllm rl un�•u........W ylf Ilfr rn I- erI r�(n✓I), rtll Awl1)pprvof I,✓✓1 If i Itn III [r(f , ip( I Y I Jy I nt 1 n! "tm�lrmoa "11 Ixmd IN )Il U11111 0IN"yof nnmm ( nunlywl Oti 4_ I( ;/IO, UI( {f l l In noL 111 III, ; CCI [I( ,if,')n of (I I I,{n([ ),d In .lC Ppl i I IVW" IT II the Payment IS ISSnedl Opp t III r11 1 II I (t IT, U VV.lV Of C Ot lly I tV ( 1 r ,I 114yv t if ('c,IMJ I( fL 9n 9 I It Im f I,;I .,I,yn .,atf fvv �y pay, "I TO ll-h" �Ivl rtuo f II Ir f I'q IpnyI,in ul't l_ - I Wt I, II }(ll rnj IMIlI,, I 111 ,I 11 Il"[ Nit I19 f " II I Ilia .Tilt I' „ CRyf r VIII .1 rll p 4 Y I )RAIN I?1 IF I1, 1 I IF 1? q Payment Documentation is provided to the City _ Venl c «n 1 Ih z[ pa, e f I h Uf r eule U s(<!l f, III,, I dold1,1,,, ll la 11 ( / by 11 t ted W", I,f ( nsl (p C 1 ntl_ Cor I o nci 9 — 77 71612 4 Prograr>� uudellnes as of June 1, 2021 EXHIBIT 3 Santa Ana Re -Certifications of Previous Participants for Additional Assistance: Families who have already applied or been approved for up to $5,500 or $3,000 in emergency rental assistance since May 1, 2020 (previous participants), may be considered for additional assistance up to their total rent owed (up to a maximum of 15 months of rental arrears) since April 1, 2020 after re -certifying their eligibility that they are still having difficulty paying rent because of a COVID-19 impact and submission of the additional verification of income and at risk of homelessness documentation. Re- cerlificalion muss be documented before an additional payment will be sent to the landlord. A standard set of questions will be asked of both the landlord and renter to determine if the renter qualifies for an additional payment up to a total amount equal to a maximum of 15 months of rental arrears owed since April 1, 2020. Additional forms will be required of the families to re -verify their income and at -risk of homelessness. The family must be currently eligible with all of the current program requirements provided in their Program Guidelines; the family will not need to resubmit a new application and can be re -certified separately from the standard application. If the renter is re -certified as eligible following this recertification process, a check will be sent to their landlord by the United Way of Orange County with a letter that states that the payment must be returned to the United Way if there is a duplication of benefits for a month that has already been paid by the CARES for Tenants Program or the State of California Emergency Rental Assistance Program. Who is Eligible? The term "eligible household" means a household of 1 or more individuals who are obligated to pay rent on a residential dwelling and with respect to which the City determines: (i) Must be a resident of the City of Santa Ana with a current lease or sublease agreement with an address in the City. (1) The lease or sublease agreement must be a current lease, signed by the applicant and the landlord or sublessor that identifies the unit where the applicant resides and establishes the rental payment amount. If a household does not have a signed lease, documentation of residence may include evidence of paying utilities for the residential unit, an attestation by a landlord who can be identified as the verified owner or management agent of the unit, or other reasonable documentation. In the absence of a signed lease, evidence of the amount of a rental payment may include. 1) a written statement signed by both tenant and landlord indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is; 2) bank statements, check stubs, or other documentation that reasonably establishes a pattern of paying rent; 3) a written attestation by a landlord who can be verified as the legitimate owner or management agent of the unit; or 4) proof of payments from the tenant & balance owed (provided by the landlord/owner — rent ledger). A hand- written or typed written statement signed by both tenant and landlord cor l o nci 9— 78 7/6/2 1 5 PrograrX uNeri'ines as of June 1, 2021 EXHIBIT 3 Santa Ana indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is satisfies both requirements to identify where the applicant resides and their rental payment amount. A hand- written or typed written statement is preferred in the absence of a signed lease. (ii) I hat 1 or more individuals within the household has* (11) qualified for unemployment benefits or (III) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly to the novel coronavirus disease (COVID-19) outbreak, to which the applicant shall attest in writing. (iii) That 1 or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability, which may include— (1) a past due utility or rent notice or eviction notice, (11) written attestation of unsafe or unhealthy living conditions; (111) written attestation that the household is at risk of homelessness; (IV) written attestation of doubling or tripling up with other households, or (V) a rent ledger from the landlord documenting an accumulation of rental arrears. (iv) The household has a household income that is not more than 80 percent of the area median income for the household: Family Size Maximum Family Income 80% AMI Family Size Maximum Family Income 80% AMI 1 $75 300 5 $116 200 2 $86,050 6 $124,800 3 $96,800 7 $133,400 4 $107,550 8 $142,000 In reviewing applications for financial assistance, the City has a preference for households with incomes less than 50% of the area median income. While we do require identification for all members of your household, we will not ask about your citizenship status. We will ask about your race and ethnicity on the application as part of the Department of Housing and Urban Development's (HUD) and Department of Treasury data collection purposes. It may even help Santa Ana get more federal and/or state funds to help our residents. Your race or ethnicity does not impact your eligibility for rental assistance. Households residing in temporary housing such as motels or homeless shelters are not eligible. cor l o nci 9— 79 7/6/2 1 6 Prograrr� dNerilnes as of June 1, 2021 EXHIBIT 3 Santa Ana Determination and Documentation of Household Income: Definition of Income: With respect to each household applying for assistance, the City uses the U.S. Department of Housing and Urban Development's (HUD) definition of "annual income" in 24 CFR 5.6091. The City will determine income eligibility based on either (i) the household's total income for calendar year 2020, or (ii) sufficient confirmation of the household's monlhly income al the Lime of application. If the City uses a household's monthly income to determine eligibility, the City will review the monthly income information provided at the tirne of application and extrapolate over a 12-month period to determine whether household income exceeds 80 percent of area median income. For example, if the applicant provides income information for two months, the City will multiply it by six to determine the annual amount. Documentation of Income Determination: The City will have a reasonable basis under the circumstances for determining income. The City will generally require a written attestation frorn the applicant as to household income and also documentation available to the applicant to support the determination of income, such as paystubs, W-2s or other wage statements, tax filings, bank statements demonstrating regular income, or an attestation from an employer. Under limited circumstances, the City may rely on a written attestation from the applicant without further documentation of household income as described below. Categorical Eligibility: If an applicant's household income has been verified to be at or below 80 percent of the area median income in connection with another local, state, or federal government assistance program, the City will rely on a determination letter from the government agency that verified the applicant's household income, provided that the determination for such program was made on or after January 1, 2020. Written Attestation Without Further Documentation: To the extent that a household's income, or a portion thereof, is not verifiable due to the impact of COVID-19 (for example, because a place of employment has closed) or has been received in cash, or if the household has no qualifying income, the City may accept a written attestation from the applicant regarding household income. In appropriate cases, the City may rely on an attestation from a caseworker with knowledge of a household's circumstances from Catholic Charities of Orange County, The Salvation Army, Latino Health Access or Families Forward to certify that an applicant's household income qualifies for assistance. cor l p nci 9-80 71612 1 7 Prograrr� uNerilnes as of June 1, 2021 EXHIBIT 3 Santa Ana Fact -Specific Proxy: A grantee may also rely on a written attestation from the applicant as to household income if the grantee also uses any reasonable fact -specific proxy for household income, such as reliance on data regarding average incomes in the household's geographic area. The City will use the average income in the neighborhood in which the renter lives as verified by a map provided by PolicyMap. The "household's geographic area" or "neighborhood" is defined as the census block for the household. The average income will be the average income earned per person in [he census block area in a specified year, also known as the per capita income. It is calculated by dividing the area's total income by its total population. Duplication of Benefits: The City shall ensure that any rental assistance provided to an eligible household is not duplicative of any other Federally funded rental assistance provided to such household. An eligible household that occupies a federally subsidized residential or mixed -use property may receive assistance, provided that the funds are not applied to costs that have been or will be reimbursed under any other federal assistance. If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project -Based Rental Assistance) and the tenant rent is adjusted according to changes in income, the renter household may receive assistance for the tenant -owed portion of rent or utilities that is not subsidized. Pursuant to section 501(k)(3)(B) of Subdivision N of the Act and 2 CFR 200.403, when providing assistance, the City will review the household's income and sources of assistance to confirm that the assistance does not duplicate any other assistance, including federal, state, or local assistance provided for the same costs. The City will rely on an attestation from the applicant regarding non -duplication with other government assistance in providing assistance to a household. The City will coordinate and participate in joint administrative solutions with the State of California's Emergency Rental Assistance Program to confirm that the assistance does not duplicate any other assistance. Receiving unemployment benefits or a stimulus check does not make your household ineligible. How do I apply and what are the requirements for my application? Applications for the CARES for Tenants Program are available on our webpage, in - person or can be requested directly from The Salvation Army, Catholic Charities of Orange County, Latino Health Access or Families Forward. An application can also be mailed to you via USPS with return postage paid. cor l p nci 9 — 81 71612 s Prograrr� udNerilnes as of June 1, 2021 EXHIBIT 3 Santa Ana The following documents are required at the time of submittal for a complete application packet: • A valid photo LID for each adult family member • I andlord/Property Management's name and contact information. Including phone number, email, and/or fax number • Copy of your lease or sublease agreement. o The lease or sublease agreement must be a current lease, signed by the applicant and the landlord or sublessor that identifies the unit where the applicant resides and establishes the rental payment amount. If a household does not have a signed lease, documentation of residence may include evidence of paying utilities for the residential unit, an attestation by a landlord who can be identified as the verified owner, management agent or sublessor of the unit, or other reasonable documentation. In the absence of a signed lease, evidence of the amount of a rental payment may include. 1) a written statement signed by both tenant and landlord indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is; 2) bank statements, check stubs, or other documentation that reasonably establishes a pattern of paying rent; 3) a written attestation by a landlord who can be verified as the legitimate owner, management agent or sublessor of the unit; or 4) proof of payments from the tenant & balance owed (provided by the landlord/owner — rent ledger). A hand-written or typed written statement signed by both tenant and landlord indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is satisfies both requirements to identify where the applicant resides and their rental payment amount. A hand-written or typed written statement is preferred in the absence of a signed lease. • Copy of the declaration to your landlord providing verification of your inability to pay rent. c, In order to apply for assistance, you MUST notify your landlord of your inability to pay rent due to a COVID-19 related hardship. The City recommends using the State of California's Declaration of COVID-19- Related Financial Distress form. The letter is the documentation that the City is requesting to show that the tenant cannot make rent due to a reason related to COVID-19. (If you have a concern about sending a letter or declaration to your landlord, you can address the letter to the City). You can find a copy of the Declaration of COVID-19-Related Financial Distress here: tsftF>;;;A/Ie3Yi(..IY)YdIEYlJYVI;,, �,Y ,(e3,,,(. (:NfIi6:;n.;anlaForrn>.fll:rnl cor l p nci 9— 82 7161201 9 Prograrr� uNeri'ines as of June 1, 2021 EXHIBIT 3 Santa Ana � Ally i • Verification of Income Eligibility: c, A written attestation from the applicant as to household income and also documentation available to the applicant to support the determination of income, such as payslubs, W-2s or other wage statements, tax filings, bank statements demonstrating regular income, or an attestation from an employer. Under limited circumstances, the City may rely on a written attestation from the applicant without further documentation of household income as described below. p If an applicant's household income has been verified to be at or below 80 percent of the area median income in connection with another local, state, or federal government assistance program, the City will rely on a determination letter from the government agency that verified the applicant's household income, provided that the determination for such program was made on or after January 1, 2020. o To the extent that a household's income, or a portion thereof, is not verifiable due to the impact of COVID-19 (for example, because a place of employment has closed) or has been received in cash, or if the household has no qualifying income, the City may accept a written attestation from the applicant regarding household income. In appropriate cases, the City may rely on an attestation from a caseworker with knowledge of a household's circumstances from Catholic Charities of Orange County, The Salvation Army, Latino Health Access or Families Forward to certify that an applicant's household income qualifies for assistance. o Documentation to demonstrate a risk of experiencing homelessness or housing instability, which may include— 1) a past due utility or rent notice or eviction notice; 2) written attestation or unsafe or unhealthy living conditions; 3) written attestation that the household is at risk of homelessness; 4) written attestation of doubling or tripling up with other households, or 5) a rent ledger from the landlord documenting an accumulation of rental arrears. The City will be flexible as to the particular form of documentation required, including by permitting photocopies or digital photographs of documents, e-mails, or attestations from employers, landlords, caseworkers, or others with knowledge of the household's circumstances. The City requires all applications for assistance to include an attestation from the applicant that all information included is correct and complete. P ograrr� uNeri'ines as of June 1, 2021 9 — 83 7161 10 EXHIBIT 3 Santa Ana As of June 1, 2021, Prospective Rent Payments Will Not Be Eligible For Payment under CARES for Tenants. Federal guidelines dictate that financial assistance for prospective rent payments is limited to three months based on any application by or on behalf of the household. The City's program is only for payment of rental arrears for Santa Ana residents, up to the maximum allowed (15 months). Application Process: Households with access to the Internet, including computers, smart phones or tablets can complete the on-line application themselves. An email address is required to register. Reqistrant must have access to their email account to verify registration. The application is available in English, Spanish and Vietnamese. Any adult that is listed on the lease or sublease can submit the application for rental assistance on behalf of the household. Your household should only submit one application. Duplicate applications will be rejected. For Households with Internet Access and an Email Address: Step 1. Visit the Neighborly online application portal at this link: h f tii� -! t>c:rt 3l nE-i�h hr�riy ;rift ni f r � ,corn/stni_a an:.tcalf� it hr y� i ntll ��qi rr You can also access the online application portal here: P ograrX LbAerilnes as of June 1, 2021 9 — 84 7161 ll EXHIBIT 3 Santa Ana Step 2. Select the option to "Register" and create your account information. Passwords must be eight letters long, have one upper case and one number and one special character. Step 3. After registering, log into your email account and click on the email from Neighborly, follow the instructions to confirm your email. Step 4. Return to the Neighborly portal at htl:fy,,//ttnrtl„araic�lrf>atrl„y„j4)fIWB;P)„aVyBBBI`ixY1 rArAY1,rxC+x)j4Yf!GB,�!rlYff;/IO(,�!YB, and "Sign In" using your account information. Step 5. Read the instructions for the application and proceed to enter your household's information into the application portal. Step 6. If you have not done so already, provide the Declaration of COVID-19- Related Financial Distress to your landlord notifyinq them that you are unable to pay Your rent due to COVID-19 related hardship and explain how COVID-19 has impacted you. Upload a copy of this Declaration to your application in the portal. Step 7. Upload the supporting documents as requested by the application portal. Applications will be reviewed to ensure the correct documents have been uploaded in order to receive assistance. Step 8. Make sure you have completed all information properly and correctly before submitting. Imoortant! Applications cannot be submitted without all of the supporting documents. 1X111111rN_1lkOLD] i:1101W,16111.7s UUNIOT-1,1111 I IQ 2KelOrWoIOr_ M:14:11 - TJIIa9:1111 P ograrr� uNeri'ines as of June 1, 2021 9 — 85 7161 1z EXHIBIT 3 Santa Ana � Ally i For Households with No Internet or Email Address If you do not have internet access or need assistance submitting an application please contact the Santa Ana Work Center. Assistance is available by appointment only. Please contact the Work Center at (714) 565-2600 or by email at anal ,,or,g to schedule your appointment. No walk-ins will be permitted and anyone entering the Work Center will be subject to temperature checks and must wear a face covering. Family members, friends, or a case manager from The Salvation Army, Catholic Charities, Latino Health Access or Families Forward can also assist you with completing the application by computer. If you do have someone to assist you, please ensure you have the required documents for the application. The documents will need to be uploaded to complete the application. If you do not have access to the internet, please call one of these four nonprofit organizations to request an application. • Catholic Charities of Orange County can provide assistance in English, Spanish and Vietnamese. Please contact Alba Ramiro at Catholic Charities at (714) 347- 9623 or • The Salvation Army can provide assistance in English and Spanish. Please contact Stephen Langlois at The Salvation Army at (714) 384-0481 or SYda.. (;c7 rBS CY}LA$V1L.Se')IVe`I I:Br,:>Y de`AYYYB ..OYC.. • Latino Health Access can provide assistance in English and Spanish. Please contact Hilda Ortiz at Latino Health Access at (657) 229-5450 or I...HABl,FnJ:�(.>IaB:BYdCDh.(..) :fda(:;(:Mas...P:)Yq. • Families Forward can provide assistance in English, Spanish and Vietnamese. Please contact Andrea Burgos at Families Forward at (949) 552-2727 or ...,.�r.,lYd Lriana�Q7 aYYBBI Bfi;fS-fr)Y\NaYC .!:)rq. ............................................................................................................... If the household does not have anyone to assist them by computer. There are two options. Option 1. You can fill out a copy of the physical application in English, Spanish, or Vietnamese at The Salvation Army Hospitality House at 818 E. 3r6 St., Santa Ana, CA. In -person application assistance is offered on Tuesdays from 2:00PM — 4:00PM and Thursdays from 9:00AM — 11.00AM. Please call beforehand to inform Hospitality House if the applicant chooses this option because Hospitality House is closed to the public. The phone number to schedule an appointment is (714)783-2344. You can also fill out a copy of the physical application in English, Spanish, or Vietnamese at Catholic Charities at 1820 E. 16th Street Santa Ana, CA 92701. P ograrr� uNeri'ines as of June 1, 2021 9 — 86 7161 13 EXHIBIT 3 Santa Ana Please call beforehand to make an appointment. The phone number to schedule an appointment is (714) 347-9623. + If households choose Option 1, household will need to bring copies or originals of the required documents for the application. Applications will not be accepted without the supporting documents. The Neighborly Administrator will complete the application through the Neighborly portal on your behalf. Option 2. If household cannot come to one of the non-profit office locations, the Neighborly Administrator can complete the application with the household over the phone. Household will need to provide the supporting documents to the Administrator by email or fax before the application can be started. The application cannot be submitted without the required documents. Email: sm,.i.ca.r(,,, .r )usw,s.. alv�f rsnann _ore c y Fax: (714) 384-0481 Duplicate Applications: • For applications with the same address and applicant first name and last name, the City will accept one application submitted and reject the duplicate application. (Scenario # 1) • For applications with the same address but a different applicant first name and last name, the City will review the application to determine if there is a preponderance of evidence that the application is a duplicate by reviewing the names listed as members of the household, the household size, landlord information and any variations of the name or mailing address. (Scenario # 2) • Duplicate applications will be rejected without any form of notification to the applicant other than a "change of status" in the Neighborly Software System to "Withdrawn" with the word "duplicate" noted in the status box and the active case # under the status detail box. Applications with Addresses Outside of Santa Ana: • Applications from residents living outside of the City of Santa Ana will be rejected without any form of notification to the applicant other than a "change of status" in the Neighborly Software System to "Denied" with the statement "Out of Area" noted in the status details. Once the Application is Submitted The City relies upon a written sorting methodology and prioritization to process applications. A total of 100 applicants will be selected from the list of applicants based upon this written sorting methodology and prioritization requirements. This sorting P ograrr� uNeri'ines as of June 1, 2021 9 — 87 7161 14 EXHIBIT 3 Santa Ana process will take place once a week until all of the funds are expended. Applicants who have been randomly assigned numbers 1 - 100 will be divided into groups of 50 and assigned to either Latino Health Access or Families Forward. Processing time depends on each applicant. The average length of time for processing is expected to be four weeks from the date the aoolication is assigned to one of the four nonprofit organizations until payment has been processed and sent to the landlord. If there is unverifiable information or there are multiple applications submitted all at one time, the four -week turnaround time may turn into six to eight weeks. Applicants will be able to view the status of their application by going online and logging into their account at YIl1: 7S:ii :IOYI:r]L. B6fi]IC Y'Bb011 S:P:DfiWrlYE`.. C:OY'n r`.3ea rll:£Arinr)Cr"lI )r.XY91r;1 ")r.'1 rB I:r`L_OC IY'B .. YOU WIII need t0 K.............. K....................................3....................y..................................................................................................... t..................... R............................. t......... log -in using the username and password that you used to complete your application. If You have any trouble logging in, please contact one of the organizations listed below. If you are approved and selected to receive rental assistance, you will receive an email notification that your application has been selected and you will be awarded the rental assistance payment paid directly to your landlord. The City is also offering eviction prevention assistance for those tenants at risk of eviction. Please go to tinrtinui;;rf,lglta;;, ,an,a.,orc /saves for more information. CARES for Tenants Timeline Applications will be accepted until all of the funds are exhausted. Still have questions? Check out our Frequently Asked Questions on our website at WVVW.sdYBtM. a -ear a.. oY'4:/cares for-[enanls To Check on the Status of Your Application The City of Santa has partnered with four local nonprofit organisations to review applications and determine a family's eligibility for payment. Payment will be made by the United Way of Orange County. Please contact one of the four organizations listed below if you have any questions or concerns regarding the status of your application: Catholic Charities of Orange County (Languages Spoken: English, Spanish, Vietnamese) Alba Ramiro 1820 E. 16th Street Santa Ana, CA 92701 (714)347-9623 C[1reS{fYJCCX ...................... P ograrr� uNeri'ines as of June 1, 2021 9 — 88 7161 15 EXHIBIT 3 Santa Ana � Ally i The Salvation Army (Languages Spoken: English, Spanish) Stephen Langlois Hospitality House 818 E. 3"' St. Santa Ana, CA 92701 (714)384-0481 sn;a c arE Latino Health Access (Languages Spoken: English, Spanish) Hilda Ortiz 450 W. 411' Street Santa Ana, CA 92701 (657)229-5450 I...I��I /1�f�('k�'r d l:(CY1I.E:➢iB Y BC3 YI W i l rN l] (.�:E:':`s:°::?. C)Y /,,�.................................... Families Forward (Languages Spoken: English, Spanish) Andrea Burgos 8 Thomas Irvine, CA 92618 (949)552-2727 s.)nta�n�•(e:r FatYrBBIBW3•POYtNc-�rd.or?: If you have any additional questions or you are unable to reach one of the four nonprofit organizations listed above, please contact: Maricela Marquez City of Santa Ana (714)647-6962 r n rnsA r(:t1.$k:;;�''�lyJ �;r3 nta"'e) rle).. () r('J ...............................:.......::................................!.................... This project is being supported, in whole or in part, by Catalog of Federal Domestic Assistance number 21.023 awarded to the City of Santa Ana by the U.S. Department of the Treasury. P ograrr� uNeri'ines as of June 1, 2021 9 — 89 7161 16 EXHIBIT 4 Santa Ana � Ally i City of Santa Ana CARES for Tenants Program Frequently Asked Questions Revised June 1. 2021 These Frequently Asked Questions provide answers to the most common questions regarding the CARES for Tenants Program. Q1) Who can apply? A. Low-income City of Santa Ana renters who have been impacted by COVID-19. The renter must be a resident of the City of Santa Ana with a current lease or sublease agreement with an address in the City. One or more individuals within the household has: 1) qualified for unemployment benefits or 2) experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the novel coronavirus disease (COVID-19) outbreak, to which the applicant shall attest in writing. The family must be able to demonstrate a risk of experiencing homelessness or housing instability. The household must qualify as a low -Income household according to the income limits below* Family Size Maximum Family Income 80% AMI Family Size Maximum Family Income 80% AMI 1 2 $75,300 $86 050 5 6 $116,200 $124 800 3 $96800 7 $133 400 4 $107 550 8 $142 000 *In reviewing applications for financial assistance, the City has a preference for households with incomes less than 50% of the area median income. (HUD Income Limits effective 411121) 02) When can I apply? A. Applications are available online or can be requested directly frorn The Salvation Army, Catholic Charities, Latino Health Access and/or Families Forward. If you do not have internet access or need assistance submitting an application please contact the Santa Ana Work Center. Assistance is available by appointment only. Please contact the Work Center at (714) 565-2600 or by email at awo r..k..eentc r.{ f!- r:i.l.a-;i.ri.a::org to schedule your appointment. No walk-ins will be permitted and anyone entering the Work Center will be subject to temperature checks and must wear a face covering. An application can also be mailed to you via USPS with return postage paid. There is no deadline to submit the application. An application can also be mailed to you upon request via USPS with return postage paid. Frequently �s� ec�l uestions as of June 1, 2021 9 — 90 7/6/2 1 EXHIBIT 4 Santa Ana � Ally i Q3) What do I need to apply? A. You will need to submit several documents with your application. Make sure you have the following documents ready to go before you start filling it out: 1. A valid photo I.D for each adult family member. 2. Landlord/Property Management's name and contact information including phone number, email, and/or fax number 3. Complete copies of your lease or sublease agreement. (See Question # 4 below for additional guidance if you do not have a signed lease) 4. Copy of the declaration to your landlord providing verification of your inability to pay rent. You can also send this declaration to the City if you do not want to send it to your landlord. 5. Verification of Income Eligibility: paystubs, W-2s or other wage statements, tax filings, bank statements demonstrating regular income, or an attestation from an employer. Q4) How can I apply? A. Please visit tin..otnw.s, nta..,iYBr),_CDr ICa f4 ?t(DY_'a6;;Yl YI_fs to complete an online application. There is no deadline to submit the application. A weekly application sorting procedure will be conducted to select and process applications until all of the funds are exhausted. The application is available in English, Spanish, and Vietnamese. Q5) What if I do not have a signed lease? A. If a household does not have a signed lease, documentation of residence may include evidence of paying utilities for the residential unit, an attestation by a landlord who can be identified as the verified owner or management agent of the unit, or other reasonable documentation. In the absence of a signed lease, evidence of the amount of a rental payment may include: 1) a written statement signed by both tenant and landlord indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is; 2) bank statements, check stubs, or other documentation that reasonably establishes a pattern of paying rent; 3) a written attestation by a landlord who can be verified as the legitimate owner or management agent of the unit; or 4) proof of payments from the tenant & balance owed (provided by the landlord/owner — rent ledger). A hand-written or typed written statement signed by both tenant and landlord indicating the residential unit address, monthly rent amount, who the tenant is and who the landlord is satisfies both requirements to identify Cortjvirt� Frequently �s� ec�l uestions as of June 1, 2021 9 — 91 7/6/201e 1 2 EXHIBIT 4 Santa Ana � Ally i where the applicant resides as well as their rental payment amount. A hand- written or typed written statement is preferred in the absence of a signed lease. Q6) Do I have to be a U.S. Citizen to qualify for this program? A. No, while we do require identification for all members of your household, we will not ask about your citizenship status. Q7) When will I receive assistance? A. Our application has been open since August 17, 2020 and we have hundreds of families waiting for assistance. Processing time depends on each applicant after the application is selected and assigned to one of our four nonprofit organization partners. The average length of time for processing is expected to be four weeks from the date the application is assigned to one of the four nonprofit organizations until payment has been processed and sent to the landlord. If there is unverifiable information or there are multiple applications submitted all at one time, the four -week turnaround time may turn into six to eight weeks. Applicants will be able to view the status of their application by going online and logging into their account at tltly) II l(lY ie}I YVE„B4 Y9I�,,,,,,)QYIy� >(3fI\Ni3,Y6' (;OYYBL sr3nlr3 r3YBr3!:r3P )r3 he ILDr3YdYII,,, ......... ........................ ........................... Q8) How are applications selected? A. Applications will be selected based on Policies and Procedures for Determining the Prioritization of Households that prioritizes eligible households where the income of the household does not exceed 50 percent of the area median income. Specifically, the City has a preference for households with incomes less than 50% of the area median income. A total of 100 applicants will be selected from the list of applicants based upon this written sorting methodology. This sorting process will take place once a week until all of the funds are expended. Applicants who have been randomly assigned numbers 1 - 100 will be divided into groups of 50 and assigned to either Latino Health Access or Families Forward. If you do not complete all the steps in the application and your Neighborly account does not have a status of "application submitted", it will not be included in the sorting process. If you have not received funding previously, your application will be assigned to Families Forward or Latino Health Access: Family Size Maximum Family Family Size Maximum Family Income (50 /o AMI) Income (50 /o AMI) 1 $47,100 5 $72, 650 Cortjvirt� Frequently �s� ec�l uestions as of June 1, 2021 9 — 92 7/6/2 3 EXHIBIT 4 Santa Ana � Ally i 2 $53,800 6 $78,050 3 $60,550 7 $83,400 4 $67,250 8 $88,800 (HUD Income Limits effective 411121) 09) What are examples of COVID-19 impacts to show that I cannot pay my rent due to a reason related to COVID-19? A. I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following: 1. Loss of incorne caused by the COVID-19 pandemic. 2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic. 3. Increased expenses directly related to health impacts of the COVID-19 pandernic. 4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income. 5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic. 6. Other circumstances related to the COVID-19 pandernic that have reduced my income or increased my expenses. Q10) How much financial assistance is available? A. A household can receive assistance in the form of a payment to their landlord for rental arrears / past due rent owed since April 1, 2020, up to a maximum of 15 months of rental arrears. Payments shall be made directly to the landlord on behalf of the eligible household, except that, if the landlord does not agree to accept such payment from the City after outreach to the landlord by the City, the City may make such payments directly to the eligible household for the purpose of making payments to the landlord. Families who have already applied or been approved for up to $5,500 or $3,000 in emergency rental assistance since May 1, 2020 (previous participants), may be considered for additional assistance up to their total rental arrears / past due rent owed (up to a maximum of 15 months of rental arrears) since April 1, 2020 after re -certifying their eligibility that they are still having difficulty paying rent because of a COVID-19 impact and submission of the additional verification of income and at risk of homelessness documentation. Frequently �s� ec�l uestions as of June 1, 2021 9 — 93 7/6/2 4 EXHIBIT 4 Santa Ana � Ally i Q11) How many people will receive assistance? A. The number of families receiving assistance will vary based on the amount of rent owed by each household. Q12) If I receive this assistance will I have to pay it back? A. No, this assistance is a grant and does not have to be paid back. Q13) Will the rent payment be paid tome or the landlord? A. With respect to financial assistance for rent and rental arrears provided to an eligible household, payments shall be made directly to the landlord on behalf of the eligible household, except that, if the landlord does not agree to accept such payment from the City after outreach to the landlord by the City, the City may make such payments directly to the eligible household forthe purpose of making payments to the landlord. Q14) My rent is less than $3,000 per month. How will that affect my award amount? A. Financial assistance for prospective rent payments is limited to three months based on any application by or on behalf of the household. As of June 1, 2021, the City will pay only the rental arrears owed by the tenant since April 1, 2020, up to a maximum of 15 months_ Q15) Is the application available in languages besides English? A. Yes, the application is available in English, Spanish and Vietnamese. 016) 1 already submitted my application. What do I do now? A. Gather the documentation listed under Question # 3 and review it to make sure it is correct and complete. Q17) I pQ NOT have internet access; how do I apply for rental assistance? A. If you do not have internet access or need assistance submitting an application please contact the Santa Ana Work Center. Assistance is available by appointment only. Please contact the Work Center at (714) 565-2600 or by email at r>ltuc_rrkrs_;r_at4r_(cUr]r:at.:...::.r..a.::csrg to schedule your appointment. No walk-ins will be permitted and anyone entering the Work Center will be subject to temperature checks and must wear a face covering. Family members, friends, or a case manager frorn the Salvation Army, Catholic Charities, Latino Health Access or Families Forward can also assist you with completing the application by computer. If you do have someone to assist you, please ensure you have the Cor Fri I eque,s� ec�l uestions as of June 1, 2021 9 — g4 71612 s EXHIBIT 4 Santa Ana � Ally i required documents forthe application. The documents will need to be uploaded to complete the application. If you do not have access to the internet, please call one of these four nonprofit organizations to request an application: • Catholic Charities can provide assistance in English, Spanish and Vietnamese. Please contact Alba Ramiro at Catholic Charities of Orange County at ) - or • The Salvation Army can provide assistance in English and Spanish. Please contact Stephen Langlois at the Salvation Anny at (714) 384- 0481 or •;rfa.car�as rihJs nr.s3lvaYianr3rrrf .ort . • Latino Health Access can provide assistance in English and Spanish. Please contact Hilda Ortiz at Latino Health Access at (657) 229-5450 or I IAIRent:(�r laYin+.,�healYhaccess.or �. .................................... • Families Forward can provide assistance in English, Spanish and Vietnamese. Please contact Andrea Burgos at Families Forward at (949) 552-2727 or .`Gri r:r l:tr r5_nr5 �4UtjiYYBBIBE `(; `ipY Wrr r:(j_,C7YC). Q18) I already submitted an application. How can I check the status of my application? A. You can check the status of your application on-line by logging into the Neighborly application system that you used to submit your original application. You should have a username and password that you used to complete your application. Please write these down as well as the application number that is assigned to you once you start an application. Q19) I already submitted an application for rental assistance or I already received a payment for rental assistance (up to $5,500). Will I automatically be considered for payment of the rent I still owe (since April 1, 2020)? A. No. You will need to contact organization that previously provided you with assistance to recertify for additional assistance. Alternatively, they will reach out to you to invite you to recertify for additional assistance if you qualify. Q20) My landlord submitted an application for the State of California Emergency Rental Assistance Program. Am I still eligible? A. The State of California is also administering an Emergency Rental Assistance (ERA) Program in the City of Santa Ana. If your landlord's application for the State's ERA Program was submitted with your required approval, and your rental unit was included in that application, you are not eligible for the Coronavirus Rental Relief Fund for Tenants Program. Please notify the City of Fri quertly �s� ec�l uestions as of June 1, 2021 9 — 95 7/6/2 6 EXHIBIT 4 Santa Ana � Ally i Santa Ana by calling Maricela Marquez at (714) 667-6962 or by e-mail at ndrn rrcAE.2.Z;te Santa-araa.rxct to remove your application. Q21) Why are you asking about my race and ethnicity? A. We ask about your race and ethnicity on the application as part of the Department of Housing and Urban Development's (HUD) and Department of Treasury data collection purposes. It may even help Santa Ana get more federal and/or state funds to help our residents. Your race or ethnicity does not impact your eligibility for rental assistance. Q22) Should I tell my landlord that I am applying for this program? A. Yes. Communication between renters and landlords is important. Most landlords do not want to lose good tenants and communication can go a long way to help maintain a good relationship. Q23) What if my landlord refuses to participate in the program? A. If the landlord does not agree to accept such payrnent frorn the United Way of Orange County after outreach to the landlord, the United Way of Orange County may make such payments directly to the eligible household for the purpose of making payments to the landlord. Specifically, the United Way of Orange County will make reasonable efforts to obtain the cooperation of landlords to accept payments. Outreach will be considered complete by the United Way of Orange County if (i) a request for participation is sent in writing, by mail, to the landlord, and the landlord does not respond to the request within 7 calendar days after mailing; (ii) the United Way of Orange County has made at least three attempts by phone, text, or e-mail over a 5 calendar -day period to request the landlord's participation; or (iii) a landlord confirms in writing that the landlord does not wish to participate. The final outreach attempt or notice to the landlord must be documented. Q24) How will I be notified if I am approved to receive rental assistance? A. You will receive an email notification that your application has been selected and you will receive a second notification when the rental assistance payment is paid directly to your landlord. Frequently �s� ec�l uestions as of June 1, 2021 9 — 96 7/6/201e 7 EXHIBIT 4 Santa Ana � Ally i Q25) I have multiple adults living in my household. Who should submit the application? A. Any adult that is listed on the lease or sublease can submit the application for rental assistance on behalf of the household. Your household should only submit one application. Duplicate applications will be removed. Q26) I had to leave my job/reduce my hours because I could not find childcare. Am I eligible? A. Yes. If your childcare provider or school closed due to coronavirus and you had to leave your job or reduce hours to care for them, you are eligible for this program. Q25) If I have questions, who do I contact at the City? A. The City of Santa has partnercd with four local nonprofit organizations to rcvicw applications and make payments directly to landlords. Please contact one of the four organizations listed below if you have any questions. It is most helpful if you have your application number available when you call: Catholic Charities of Orange County (Languages Spoken: English, Spanish, Vietnamese) Alba Ramiro 1820 E. 16th Street Santa Ana. CA 92701 (714)347-9623 The Salvation Army (Languages Spoken: English, Spanish) Stephen Langlois Hospitality House 818 E. 3r" St. Santa Ana, CA 92701 (714)384-0481 sna.l."'eire=i rJJUSW.. &:11Vciti43ricirB"i"B ..GYC,. Frequently �s� ec�l uestions as of June 1, 2021 9 — 97 7/6/2 $ EXHIBIT 4 Santa Ana � Ally i Latino Health Access (Languages Spoken: English, Spanish) Hilda Ortiz 450 W. *1 Street Santa Ana, CA 92701 (657)229-5450 L.;HAII'La nl:{ro�latinol7e;althac C"s.orrl. ......................................................................................................................... Families Forward (Languages Spoken: English, Spanish) Andrea Burgos 8 Thomas Irvine, CA 92618 (949) 552-2727 sarrlaana�$ifarnil Bs3s 4orWard ..O rq, .................................................................................................................. If you have any additional questions or you are unable to reach one of the four nonprofit organizations listed above, please contact: Maricela Marquez City of Santa Ana (714)647-6962 rnrnarf Uf;:7 f.P.):3 3Ylt."a ^:a Y1:a,. Y}Y'C Frequently �s� ec�l uestions as of June 1, 2021 9 — 98 7/6/201e 1 9 . 0 C. C. ii�//l���i�lllllllllllllin 4 IA 4 4 4 / ♦/� -- } 4 M O co �l N a0 O O a i l..... ... .. iu pan LL � LL nnnnnnnnnnnnnn W nnnnnnnnnnnnm Ln W Q1 R m � mi nnnnnn���� E _ ;; O C p a O tp„mnmm c v •y c ,,, �, , //��� C O �n "LT a (B O nnnnnnnnnm� m CO m a) i C O- nnnnnnnmi�nnnnnnnnnnnn;;;ii i C 2 Q a M C nnnnnnn/p/nnnnnnnnnnnnm/ m O m a w G -Q �� O L E !� .0 v C a a L f6 L IPon a' F O -0 ra) of X - o c 0)N C w a c i _� o a Q Ulll/ll ai aL u m�2� "riIIIII _ L _ •� C O m a L .-+ O Q w m -O E Q CL Z) _� 0 3 N a o + Y O N N a a v m o 0 t v a s CL p N Z o v o a o E u 41 of Q U w u ac 0 -=a a m o 0 Y C i Q m E a c t YO i p m ° _ Q) o r a 0 a 0 ar E (/1 W C a) O a O a u O u M ,+ a OO y O 3: a v� �° = 0 'aa a Ln E (V c E° a o t m a 70 Q >, aj bn 4 to c eu m C (a a) ca C ai u Y 0 m Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Grant Agreement for Installation of Mini Pitch Soccer Field at Delhi Park AGENDA TITLE: Grant Agreement with United States Soccer Foundation, Inc. the Installation of Mini -Pitch Soccer Field at Delhi Park (Grant Funded) RECOMMENDED ACTION 1. Authorize the City Manager to execute a Grant agreement with United States Soccer Foundation, Inc. for the installation of Mini -Pitch Soccer Field at Delhi Park, in an amount up to $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment of $120,000 in Acquisition & Development funds received in prior years (Acct. No. 31313002-50001) to the capital expenditure account (Acct. No. 31313260-66220). 3. Approve an amendment to the Fiscal Year 2021-2022 Capital Improvement Program to include the Mini -Pitch Soccer Field at Delhi Park project DISCUSSION The U.S. Soccer Foundation, Inc. (U.S. Soccer Foundation) is leading efforts to fund up to five mini -pitches throughout Orange County. In communities where space is at a premium, the U.S. Soccer Foundation developed what they call the mini -pitch (Exhibit 1). These are small, customized hard court spaces perfectly suited for organized soccer programs and pick-up games. Not only do mini -pitches provide quality -playing surfaces for children and adults, they also transform the look and feel of neighborhoods. The mission of the U.S. Soccer Foundation (Exhibit 2) is to improve lives through soccer and use the transformative power of soccer to create positive, lasting change. By supporting the development of places to play, places to grow, and places to learn, their goal is to ensure that children in underserved communities have easy and affordable access to quality soccer programs that support their physical and personal development. The Foundation envisions a future where every child from every community has a safe place to play and benefit from all that soccer has to offer. Their goal is to engage 1 million children in Soccer for Success and create 1,000 Safe Places to Play mini -pitches by 2026. City Council 10 — 1 7/6/2021 Grant Agreement for Installation of Mini Pitch Soccer Field at Delhi Park July 6, 2021 Page 2 The U.S. Soccer Foundation is proposing to fund and install a mini -pitch soccer field at Delhi Park (Exhibit 3). The mini -pitch grant is $100,000 and funded by Dick's Sporting Goods Foundation. Installation also includes state of the art LED lighting technology solutions enabling the community to use in dark hours. Salient Terms of the Agreement include: • The City of Santa Ana is responsible to provide a concrete or asphalt surface 4,000-8,000 square feet, general maintenance and upkeep after installation, and cannot remove the court within the first 6-8 years. • The Foundation's afterschool soccer program, Soccer for Success, will receive scheduling priority on the Mini Pitch for a minimum of 20 weeks per year, 3 days per week, should Grantee and the Foundation agree upon a suitable program operator. • Foundation will be granted usage of the Mini Pitch for one (1) day per year over the first five (5) years following its completion, including, without limitation, for Special Events that are organized by Foundation. • Upon completion, the Mini Pitch will be maintained in accordance with its vendor's reCOMInendatlonS for user safety. Grantee acknowledges and agrees that it will be responsible for the maintenance and safety of the Mini Pitch following its completion. • Grantee grants to Foundation the right to permanently place Foundation's trademark, trade name or any design/logo owned or controlled by Foundation or that of its funding partners, on the surface of the Mini Pitch • Grantee will allow Foundation to install signs/banners on the premises on which the Mini Pitch is built in order to promote and recognize the Foundation and other funders for their contribution to the Mini Pitch. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT This grant is awarded in the form of an acrylic mini pitch surface with goal and lighting installation, which is valued by the U.S. Soccer Foundation at approximately $100,000. The City will be responsible for preparation of the site and on -going maintenance. Preparation of the site is expected to be $120,000 and on -going maintenance is expected to be minimal. For the cost of site preparation, the requested appropriation adjustment is as follows, will appropriate Acquisition & Development revenue received from prior years (No. 31313002-50001) in the amount of $120,000. City Council 10 — 2 7/6/2021 Grant Agreement for Installation of Mini Pitch Soccer Field at Delhi Park July 6, 2021 Page 3 Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 21-22 31313260-66220 Acquisition & Capital Improvements, $120,000 Development Improvements Other Than Fund Building 1 Mini -Pitch Soccer System 2 U.S. Soccer Foundation 3 Mini -Pitch Location Map- Delhi Park 4 Agreement 5 Capital Improvement Program Sheet Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By. Kristine Ridge, City Manager City Council 10 — 3 7/6/2021 All -in -one, modular system Benches and lockable storage Galvanized steel surrounding structure Goals • ADA-compliant access • Bevcragc holders Optional signage opportunities Easy, permanent installation Durable, stable structure Comprehensive long-term warranty i ""���uUll1NllliiliiiJifffff�f IMML Rffiq; Technical Specifications Lighting • Two LED luminaires • 20-30 fr (200-300lux) (vary by pitch cize) • Equipped with Control -Link' for instant on/off scheduling and remote capabilities Pitch Sizes • 40 ft x 84 ft (1 ) rn x )5 rn) pitch: 7G501 b (3470 kg) • 50 ft x 102 ft (15 in x 31 m) pitch: 9400l b (4264 kq) • 60 ft x 120 ft (18 rn x 36 rn) pitch: 10,7001h (4654 kg) • All units are approved for 175 mi/h (78 m/s) winds without any signage and 120 rni/h (54 rn/s) with signage Playing Area • Provided by others • Acrylic surface (recoinmended) Materials • Square cubing and channpl malprial: 11 gauge O.I)O in (3 mm) thick eIppl • Sheet metals 12 gauge 0.109 in (2.7 mm) thick • Anchor for asphalt surface: 12 in (304 rnm) long, 7/ in (22.2 mrn) diameter, with a r/Ae in (11 mm) female head • Anchor for concrete surface: V in x 5 /> in (1),/ ruin x 139.1 mm) • Galvanized after welding Goals and Storage • Goal dimensions: 70 in (1.7 m) tall x 90 in (2.3 m) wide x 34 in (o.y m) deep Storage 20 ft' (5661) of storage on two corners with lockable cabinets Delivery • Systern fits on one truck • Installed in 2-3 days with a person crew At the U.S. Soccer Foundation, we use the transformative power of soccer to create positive, lasting change. By supporting the development of places to play, places to grow, and places to learn, our goal is to ensure that children in underserved communities have easy and affordable access to quality soccer programs that support their physical and personal development. OUR GOALS OUR PROGRAMS *� r& in IA�1 /,r • © uti.<-orerfounUatinn.ory ®@osoccerfndn ©@ussoccerf,rmdation O @�sse�.cerfoor�U:.,tion $6es.e" City Council Exhibit 3 10 — 8 7/6/2021 Exhibit 4 MINI PITCH PROGRAM GRANT AGREEMENT —FISCAL YEAR 2022 Pursuant to this Mini Pitch Program Grant Agreement ("Agreement"), dated as of the 6..' of July 2021 ("RffeeLivc Date"), the 1Tnitcd States Soeccr Fedea-ation Fuundatiou, hie- ("FUllaad'at1011") auras Lu award the Cirant ("Granny) to the City of Santa Ana, ("Grantee.") FY21-723, and 6'nICC accepts such Grant, in accordance with the Let nis and conditions seL lorth herein. Foundatinn: U.S. Soccer Foundation Alin: Grant. T)cparamcnt. 1140 Coimcct Lll Ave. NW, Suite 1200 Washington, DC 20036 Granlee: Cily of Santa Ana Alin: Kristine Ridge, City Manager 20 Civic Center Plaza, M-30 P.O_ Box 1998 Santa Ana, CA 92702 2. Grant: This Grant, awarded in the torn of an acrylic niini pitch surface with goal and lighting installation ("Muni Pitch"), supplied by Mn5CO Sports Lighling (`Vendor'I which shall be valued by FOltndallon, in its silo and abgrilum cli;cretion, in an antounr up Io 5100,000 3. Acrylic NEW Pitt It Consistent with Foundation's nleres(s in promoting youth soccer, particularly within vulnerable conumnities, this Grant will provide the Mini Pitch at Delhi Park (the "Grant Project"). Grantee will determine the appaapriate location tot installation of the Mini Pitch. 4. F.xeculion of the Grani Anreement: CiranLcti niva rauni an cxcv,uLal copy of this Agreement to the Foundation by the 16" of July 2021. 5. Grantee Covenants: Tn order to induce Foundation to enter into rhis Agreement, and to award the aforementioned Grant, t ranLcc covcsianL; as Inflows: (a) The Foundation's atterschool soccer priagram, SucecrJrirStrece,,,,, will roccive scheduling priority on the Mini Pilch fur a miniiituni of20 wccks pa -year, 3 days per week, should GlanLeC and the Foundation agree upon a xaitable program operator. Should Gran(cc ciccl W Ilan the Sth I ('r• for• .Sticcc'S.S program itself a separate agl'eement will lie initiated to entimel'ate foundation support and Grantee obligations for ptagram operation. (b) foundation will be granted us we of the Mini Pitch for one 0) clay per year over tIIc Brat I ivc (5) year., following its completion, including, without limitation, for Special Events (as defined below) that .no organized by Foundation. Foundation will make best efforts to schedule such usage tint dates and times inuntally agreed upon with the Grantee, and Grantee will not unrcasnnahly withhold play space tune for such usage Forputpous of Lhi. AgrarnerLL, ..Special Events" shall be defined as uxlmamenls, clinics, events, training sessions, media functions and any other similar event the Foundation so determines. Foundation agrees to comply with City's proceclures tot- use of its fields by third parties including any necessary waivers or proof of insurance regllilQd. (c) Upon complalon, the Mini Pitch will be maintained in aeeordancc w7th Vendor's recommendations tot user Safety which Foundation will provide to Grantee- Grantee acknowledges and agrees that it will he responsible Ior the maintenance and operation ofthe Mini Pitch following its completion. City Council 10 — 9 7/6/2021 Exhibit 4 (d) Grantcc presently owns, or is cuncntty tenant to an appropriate long-term lease of, the property on which the Mini Pitch will be built. An appropriate long-rerin lease shall tmcan a Icasc of at least ten (10) year; in length following the Effective Date- (C) Prior to conunencim, installation of the Mini Pitch, Grantcc will Obtain, or shall assisl (where necessary) in obtaining, all permits, authoriz:uionS and consenlS bent third parties, including governmental entities, necessary for the installation of the Mini Pitch. 6. Facts and Representations True and Correct: Grantee hereby affirms the representations made in its conversations and communications with Foundation are true and correct and that Foundation may rely upon the truth and ennectncs of the representations made in all Convervations and communications regarding this Grant Pruicct, without further indepCndcnt investigation. GntruCC further affirms that it has not omitted any material lacts, the knowledge of which would atlrersely impact the awarding of Grant to Grantee. Grantee avows that no adverse events have occurred Since the latest communication which have materially and advC[scly alta'C(l the anth or reliability Of the Grant Projcct, includink du tax StanlS of Grantee and the t_h,tnree's ability to allow successful completion of the Grant Project. Grantee ann-ees to inuiredlalcly inform the tonndatlon within fife (5) bnsillCSS days Of ally 111alc1lal Challgc, in Granice or the Grant Project, which might affect any terns of this Agreement. 7. Grantee Rooks and Records: GraniCe agreeS to maintain Sufficient operating and financial books, records and related documentation regarding the activities of Grantee and other evidence sufficient for Fmurdation to Satisfy its fiduciary, public and govcr mental iesponsibititics and duties. Fuuudation shall have reasonable access to the books and records of Grantee for inspection purposes and shall be entitled to copies, as they relate to the Grant Project. 8. Installation of the Mini Pitch. At least thirty (30) days prior to installanon of the Mini Pitch (`Installation"), Foundation and Grantee will agree in writing on a rntuually acceptable process for Installation including a lime utblc, exchange of ltcccssary infornwtion for hmtallation, safety prccaunons, and any planning or building rcgLlircmcnU necessary to comply with appllcablc laws including but not limited to permits, traffic safety, park safety, design and construction considerations. Any failure to a_.rec on any substantive term will be grounds for either Party to terruinatc this Agreement with fuurlecn (14) days' nolicv to the other Party. The Parties will both make bcsl effurts to resolve any disagirccrnents and facilitate Installation. 9. Grantee RennrtS: (a) Impact Retorts: Following colnplclion of the Mini Pitch Grantcc shall cumplctc to Poundalion a report, provided by the Foundation, describing the impact of the Mini Pitch. Such report Shall be submitted to Foundation annually, for five (5) years after completion of the Mini Pitch and Shall include photograph; of the Mini Pitch in use by youth Soccer players and provide 111forrnation on play space usage rates, -stories n[' impact rm the cnmrnunity, and any other infonnalion reasonably requested by Foundalion. (h) Site Visits: Grantee will use its hest efforts to acconutlodate any representative of Foundation Who r'egUCSR t0 Conduct a SitC visit, at the SOIC Cost Of Foundation, for the llurpo.ie3 (if collecting inlhnnation ahoul. the Grant'x impact. (c) Phntofrrauhs/Videos/Stories/'I'estinuutials: In addition to submitting digital photographs, videos, stories and testimonials relating to the Crant Project in the aforementioned Impact RCporls, fire GrurleC ;hall submit Ilic SaznC to the Foundalion upon ra)ucst by the Foundation, including before antl afierphulographs. bosh in daytime anti at night, of the Mini Pitch rile area. City Council 10 — 10 7/6/2021 Exhibit 4 10. Publicily Material and Recognition: (a) Grantec, upon written approval by the Foundation, shall recognize the Foundation and acknowledge the Grant in Grantee's written material;, new; release;, website and related rnarkclinu Or publicity. (b) I he Foundation shall have the right to publicize, show photographs Of' and use the name Of the Mini Pitch and otherwise promote its contributions in any and all media, including the Internet. Grantee authorizes the Foltndatlon to Tltilize those logo or logos, owned or COIIt[ tilled by Grantee and associalcd with the Grant 1'rglccl, for rclxlcd markctin- and/or publicity. Foundation will indemnify Gramce for any claim of intellectual property, trademark. or copyrighl infringement related to the use of Foundation's marks or logos. (c) Gl'anCCc aglvvs to hilly atNsist and coopCrarc ill a mllttl:illy acceptable dedicatioll event, Should the Foundation request, Such, which may include appearances by athletes JI'llhaled with the Foundation. 11. Awareness OpporitlnhieS: GralltCC; gralltS 10 17OLllldalloll the right to pcituallently place Foundation's trademark, trade name or ally de51g11/logo owned Or controlled bj 1OUndatloll (each, a "Mark" and together, the `Marks'), and/or that of its I'unding partner,, on the surface 014 dle Mini Pitch. Unless Foundation chooscs to foicgo the right, Standard Main, will bo included dtuing installation (if the Mini Pitch, per the renderin_ found in Attachment A. Foundation may change its Marks at any time in its sole discretion and al ils sole cost. Each Mark will remain on the Surface of die Milli Pitch for as long as the Mini Pitch is operational, unless removed by Fotndation or unless Foundation otherwise gives its written consent to the removal of -such Mark. Foundation will indemnify Grantee for any claim of intellectual properly, Iradcmaik or copyright inlringclncnt rclatcd to the use of Foundation's nlarkS or logos. Additionally, Grantee will allow Foundation to install signs/banners on the premises on which the Mini Pitch is built, pa the rclid crifig fimnd in Attachment A, in order to promote and recrlgnize the Foundation and (fiber fenders for their cunuihution to the Mini Pilch. 12. Grant Not Assiunable: Grans is intended solely lot Lhe benefit ofOrantee. No benefit of the Chant may be delegated, assigned or othawi;c tranStcr'red widwut the advance, written eimsutt of Filundatiiul, which conscm shall be in the sole and ah,olute discretion of Foundation. 13. Proper Authority: Fach ol'the parties and nN officers reprcecnt and warrant that they are authorizer) to C11lcr into dli3 Agrccnlctn and cXccok' 1110 sank willtoul fLlriller aLlth011ty. 14. Absence of Warranties: FOUNDA I'ION MAKItS NO RI.PRI.SI N"I A IIONS OR WARRAN I WI '. ' Oh ANY KIND, F:IIHF,R EXPRESS OR [Mill IFD, AS 10 ANY MAf fER INCI.UDINCi, HLT NO LIMITED TO_ IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCI ]ANTABILIIY OROTI IERWISF RELATING TOTI IF, MINI PH (A I OR ANY COMPONENT PART TTTERFOF, OR ANY OTHER FNTTTTES' ANT) TTTF.TR ASSOCTATRD SFRVTC N'. IN NO LVLN1' WILL YOUNDATION 11L L1ABLL 1OR ANY DAMAGES 01 ANY KIND INCLUDING, BUT NOT LIMITED 1'0, PERSONAL INJURY, LOST' PRO11TS, OR 0111ER CONSEQLIEN'11AL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PFRFORMANCF OF TI IF OBLIGATIONS I IFRFt fNDFR- 15. Assumption of Risk: 6r.mtce hereby agrccS to assume all risks and liabilities associated svilll the usc, Operation, maintenance, safety and condition of the Mini Pitch. City Council I 10 — 11 7/6/2021 Exhibit 4 16. Indemnil➢calion: (a) Grantee agrees to indemnify, defend and hold harmless Foundation, its parent, subsidiary and affiliated curnpauics, sponsors, benefactors, donors, ofliccrs, dIICCtorS, employees, accountants, attorneys, agcros, succeNson and assigns (-roondatiott P u-tics') IYom and against arty attd all third party claims, demands, losses, damages. liabilities, costs and expenses (including reasonable legal/altorneys' lees and expenses arising out ofor related to any legal proceeding and any legal appeal) ("Claim" or "Claims") related to the Grant, the Mini Pitch or this Agreement and liabilities of any kind or nature whatsoever-. whether in contract, Wrt, ur urhp-wise, resulting rrorn and claim (includittc, willtout limitation, pevonal injury, death, orproperfy damage) actually or allegedly arising out of or in connection with the maintenance, location, or condition of the Mini Pitch, or any person's use of the Mini Pitch, whether authorized or unauthorized, proper or improper. Grantee's indenutitication obligation hereunder shall survive the expiration or carlicr Icrminat.ion of this Agiccrncnl. Without. limiting [his obligation, Chanted will maintain tlic insurance dcsctibcd in Scclion 17 of Ibis Agri anent. Grantee represents to Foundation that the Mini Pitch does not violare any applicable law, regulation, ordinance, Icase, or otherwise violate the right, of any persrvt or entity_ (b) Grantor agree; to indemnity Grantee dining the installation of the Mini Pitch by Foundation or its subcontractors and when Foundation or third parties at the direction ofTnundation utilizes the Mini -Pitch thereafter as follows: Foundatton agrees to defend, and shall indemnify and hold han»less the Grantee, its officers agents employees, conuactos, special counsel, and representatives from liability: (1) tin personal injury, danlagesjust compensation, restitution, Judicial or cquitablc relief at out of claims too personal injury, including death. and claims For property damage, which may arise from the negligent operations of the Foundation, its subcontractors, agents, employees, or other person: acting on its behalf. and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising Liam this Agreement. This indemnity and hold h_imless agrecnnent applies to all claims for damage,, just compensation, restitution, judicial or cquitablc lclicf surrcicd, or:illc"Cd to have been Norf6cd, by ICa,on of Illc cvcnU IcfcrrCd to in IlwN Sub - Section or by reason of the terns of, or effects, arising from this Agrccunau. Notwithstanding the foregoing, to the extent Foundation, its agents or subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall he limited, to the extent required by Civil Code Section 2792.K to claims that arise ouc or, pertain to, or relate to the negligenec, rncklcssness, nr willrul misconduct of the Foundation, its aauns or subconllacturs. 17. Tnsurance Recmireme nts: (a) Tnsurance Requirements of the Mini Pitch, At all LirmCS while the Mini Pitch is in place, Grantec shall provide and maintain, at its expanse, [he licllowing insurance, Or appropriaw Sell' insurance, which shall protect Grantee and the Foundation on a primary basis [rant any and all Claims arising out of or in connoction with the Grant Project and the Mini Pitch pursuant to this Agreement (i) Coomicrcial Gcucral Liability iruin-ancc Will litnitsnot LNs Lln:ni Sl,0 0,000 cash ncertn-cmce and S2,000.000 in the aggregate. Such insurance shall include coverage for contractual liability, premises liability, products -completed operations, personal and advertising injury, property dannage and bodily injury liability (including death)_ Said policy shall he endorsed to name Ill(: Foundation and Foundation P.vtics as Additional lnsurcds. (ii) Aulomobile Liability insurance covering liability arising ouL of the Urautee's use, operation and/or maintenance of any auto (including necks and other consnnction vehicles), with limits not less than S1,000,000 each accident combined single limit 1161 bodily injury. City Council 10 — 12 7/6/2021 Exhibit 4 (iii) Worker' Compeisation insurance covering employes of ( ranlcc involved with the me anti lnainicnance of the Mini Pitch, with him is as required by statutory haw, including Employer's Liability coverage with limits not less than S1,000,000 each accident, $1,000,000 discasc- each e in pl oyee and $1,000,000 disease -policy l i m i t. (1V') Uiribrclla and/or Lxccss Liability inStara11C11 willl limilt not Icss than S2.000.000 each occurrence shall apply in excess of the Conunercial General Liability, Automobile Liability and Employer's Liability (v) Participanl Accidcnl insurance Cov0111q all Participant~ and 01110-individU;1ls using the Mini Pitch with limits not less Ihan S5,000 per participant for Accident Mcdical covctage and 51,000 per participant for AD&D coverage. All such insurance required above ;hall be (I ) cirnsidcred primary with Iespeet to Claims arising out of the use and nrtinlenttnce of the Mini Pitch. Ilpon execution of this Agreement, Grantee shall provide Foundation with l-vidence of Covernge confirming thal the approprialc insurance is in place and that the policies have been properly endorsed to incei the insurancc requirements as set forth above. (h) Insurance Requirements fur Installation of the Mini Pitch. At all times during ncc invrtll,ttiun of the Mini -Pitch, the Foundation and its Installation Vendor shall provide and maintain, at its expense, insurance against claims for injuries to persons of damages to pi'operry which may arise from or in connection with the performance ofthe wort: hereunder and the results of that work by the Foundation, its agents, representative,, crnployces nr subcontractors. i. MINIMUM SCOPE AND LIMI I OF INSURANCE: Coverage shall be at least as broad as: Commercial General Liability (CCil): Insurance Services Office Vol -ill CG (Ill 111 c0venllg CGL on all '-occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with lirnitc no lea than S2,000,000 pa occurrence. Tf a general aggregate limit applies, cilher the gcllcral agurqualc limit shall apply siparalcly to this project/location (ISO CG 25 03 0 25 04) or the general aggregate limit shall be twice the required occunetrec limit. 2. Autonwbilc T.iabilily: ISO Form Number CA 00 01 coveing any auto (Code 1), or if Foundalion, its agcnls or subcontractors have no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than S 1,000,000 per accident for bodily injury and prapeny damage. 3. Workers' Compensation: as required by the State of California, with Slalulory Limits, and Employer's Liability hlsurance with limit of no less than S 1,000,000 pa accident for bodily injwy of disease. 4. if the Foundation, its agents, or subcourae(ors maintain broader coverage and/or higher limits than the nrininnuns shown above, Grantee requires and shall be entitled to the broader coverage and/o the higher limits maintained by the Foundation, iu agcnls or subconuaclors. Any available insurancc procoods in excess of the spccificd minimum limits of insurance and coveage shall be available to the Grantee. City Council 10 - 13 7/6/2021 -5- Exhibit 4 ii. Olhcr Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Srtnls- the Grantee, its offices, officiate, employees, and vnluntecrs arc u, he cuva-ed as addiLlonal msureds on the CGT, policy with respcci to liability wising out of work or operation performed by or on behalf of the Foundation, its agents, and subcontractors including nlaterialS, parts, of equipment ftu•nished in connection with such work or operations. General li,ahiliry coverage Call be provided in the font of an endorsement to the Foundation, it. ;wcasts, and subcontractors insurance (al least :+s bruad :as TSO Fonn CG 20 10 11 85 of it nol available, through dtc addition of bmh CG 2t1 10, CC 20 26, CG 20 33, or CC 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage- For any claims rclsted to Illis contract, 111C puundalion FOUndation's vendor, its agents and its subcontractors' insurance coverage shall be primary coverage at least as broad as ISO CO 20 01 04 13 as respects the Grantee, itS ofTiceiS, ofiieiolS, employees, and volniaceiS. Any inSUi,tnce cn self- insuranec mainlainwh by the Gr:mice, ils ofrices, Officiate, crnpluyocs, Or volunteers shall be excess of the Foundation, its agents and ,ubcontractor's insurance and shall not contribute with it. 3. Notice of Cancellation- Lath insurance policy r(:gmrul above Ahall provide that coverage shall not be canceled, except with notice to the Grantee. 4. Waiver of Subrogation- The Foundation, Foundation's vendor. its agents and subcontractors hereby grant Lu Grantee it waive- ul any right to subrugatiun which any insurer of said Foundation. its agents and subcontractors may ac:quirc against Grantee by virtue Of the payment Of ally loss Under SLICK insurance. Foundation, it; agents and subcontractor; agree to obtain any endorsement that may be neecssary rn alTeel this wokerofsuhrogalion, but this provision applicc r;,,mrdless of whether or not the Grantee has received a waiver of subrugatiun endorsement loom the insular. 5. Scll=hlsired Retentions- Self -insured relcnliuus must be declared lu and approved by the Grantee. The Granicc liviy require the Foundation, its agcnls and/or its subcontractors to purchase coverage with a lower retention or provide proof ofability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be orulon.od to provide, 11ral the scl r-iri ured retention may be satin wd by either the named insured or Grantcc. 6. Acceptability of Tnsurers- Tnsurance is to be placed with insurerS authorized to conduct hLLy1nCSS in the stale with a cun-cnt A.M. Resi.'s iating of no Ices than A: v11, unless olherwisc acceptable to the GrantCC. 7- Claims Made Policies (applicable only to professional liability, sec below)- If any of [he regiliral policies provide claims -made coverage: a. The Retroactive Date must be shown, and crust be before the date of the contract or the beginning of eouvact work. City Council 10 — 14 7/6l2021 Exhibit 4 b. Insurance rnusl be mainlaincd ant) evidence ul' insurance mull be provided for at least five (5) years after completion of the contract of work. c_ Tf coverutzo is canceled or oou-renewal, and not replaccdt with anntlrer claims -made policy form with it Rclroaclivc Date prior to lire contract effective date, the Foundation, it's averts and/ot subcontractors must purchase "extended reporting" covem.0c for a nlininlunt of five (5) ycars ,ftercomplcriun ofworlc. 8. Verification of Coverauc- The Foundation, Foundation's vendor„ its agents and/or Subcirntractors shall tarnish the Grantee with original Certificate; of TnSuranee including all Inquiral amendatory endorsements (or enpics of the applicable policy language vff�cling coveragerequircd by this clause) soul a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins on installation of the Mini Pitch. lluwever, f"lilpre to obtain the required documents prior to the wodc beginning shall not waive the Found:rtiun, its agents ur subconnaclors ubliganon to pruvidc them. The Ganurc reserves the right to require complete, cenificd copies of all required insurance policies, including endorsements required b_y these specilTcations, at any time. Failure of Foundation, Foundation's vendor its agetlls :old/or subc0nlracl0rs to pruvidc the required verification of p)vcrigc prior to the start of any work on installation or the Mini -Pitch shall be gn-uunds lot immediate termination of this Agreement. 9. Special Risks ur C'iruunslances- Grantee reserves the right to rnudily these requirements, inchrding firths, based on the muse Of the risk, prior experience. insurer, coverage, or other special circumstances. 1R. Participant Waiver and Release Forms: To thecxtcnl than Grantee Icquires pillicipanu in I1.9 prog,ranns or others who use the Mini Pitch to sium waiver and release forms, Gr ntec shall include the Foundation and the Foundation Pifflies as released parties in the form. 19. Use of Mark: Notwithstanding anything. in Illk Agreement to the contrary, in the event Grautcc dcsirc9 to n.Rc s Mark uwncd nr conrrollcd by Foundation ins manner consistclu with lhrs Af:tocincm, Grsnlcc shall first submit a sample of the concept of the proposed ux: to Foundation for prior wrinen approval, which approval may be withheld in the sole discretion of Foundation. Any such use by Cirantee shall create no rights for Grantee in or to the Mark. Each Mark shall romain at all times the sole and oxclusivc intcllcctltal pruperry of Fulludatiun, anti Fuurrtlariuu shall have the right, from rime to time, to roquc3r samploti ol'usc I'vorn which it may dcicr-rninccom1111MIcc wish thcsc terms and condirions. Nnlwil i mmlinfr any pros islon of this AL.,rccment to the contrary, foundation rcScrvcs, in its sole and abSOltltc discretion. the right to prohibit use of its Marks_ 20. Applicable Law: Jurisdiction: This ABrccmcnr shall be governor by and consnvod io aecunlancc with the law: of the stale of California, wiIhouI regard to principles of cull nicI of laws. Fach pm-ly agrees Ihal any action o proceeding with respect to this Agicunent may only be brought in a federal or state court siruated in the state of California, and by execution and delivery of this Agreement, such party irrevocably consents to jurisdiction and v CrrLLC in cash such COLLVL 21. Attorneys' bees: Grantee agrees to pay all costs and expenses, including reasonable attorneys' lees, incurred by Foundation in connection with any litigation concerning this Agreement should Foundation III evail against Grantee in such litigation, whether commencedby Foundation or Grantee_ City Council 10 — 15 7/6/2021 Exhibit 4 22. Third Parryy lienericiaries: Itis expressly agreed and by this sl,atcnlcnt spcoilically inlcnllctl by tic Parties that nothing within this Ag-cemeut shall be consuuccl as indicating Lilly intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle sn_V such third party to any right of action on account hereof- 23. Notice%: Any noticc5 or cormutll ications given under tins AgrCellCnt r1ltlst be riladC in wrltlnt, (a) if to Foundation, al the address of Foundation as hereinabove set lorth or al such other address as Foundation may designate by notice, or (h) if to Grantee, at the address of Grantee as hereinabove set girth or at such other address as QI'allree may designate by notice 24. Entire Agreemenl; Modilicalions: This Agreement contains the entire agreement between FOLludahon and Grantee and cannot be changed, modified, amended, waived or canceled except by an agreement in writing and executed by each of the parties hereto. 25. Confidentiality: I I either Party receives krone the other Party inlonnation which slue to the nature ill such information is reasonably undeltitood to be confidential and/or propticL<uy, Each Parry 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 ol'care it uses to protect its own infi rtuaLinn Of like irnportance, but in no event less than lcasilnahlc can. "Confidential Iniorinatiori' shall include all nonpublic inforinalion. Confidential information includes not only written information, but also intormation transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any suhsidialy andlilr agent of the other party is a VOICil by thi; Agrecmenr- The foregoing of ligationq of lltlrl-IISC :111L1 111n IL11ScloMLI-C S11a11 hilt :apply to ally lillor n:111011 that. (1) ha, been di9clo1 cd In Publicly available sources; (b) is, through no fauh of Either Parr, disclosed in a publicly available soured; (C) is ill rightful possession of the Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Party without reference to intonnation disclosed by the Other Party. 26. Non -Discrimination: Foundation shall not diserunilime because, of race, color, creed, religion, sex, marital status', sexual orientation. gelider identity, gender expreSmoli, -ender, medical conditions, genetic information, on military and veteran status, age, national origin, ancestry, or disability, as defined and prrlhihited by applicahlc law, in the recruiunent, scleclion, Leachinz?, trainillp, utiliraLion, prnrnntinn, tcmnination or other employment related activities or any se -vices provided undo- this Agreement. FOLmdatiOn affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 27. Collnleryarl% and Facsimile SiLtlatares: lhls Agrccrucnt lilay be d_YCClltcd in one or More coontcrparls each of which shall be deemed an original but all of which together shall Constiuue one and the same instlunhcnt- This Agreement may be executed by facsimile signature by any party and such signature will be deemed binding tot all plupo;e; hereof without delivery Of an original ;igrlanlre being thereafter rcquircdl. City Council 10 — 16 7/6l2021 Exhibit 4 IN WI IN I •:SS W I IICRI!01% Iho pm Iion have exeeutcal thin AgrecmpA by their duly authurizal sigmaWrits as of the date first above wnticn. U.S. Soccer Foundation Bv' Name: Rob Kaler Title: COO & General COIPISel p,,lc, 6/24/21 ATTEST DAISY GOMF-7 Clone of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Hy & A Rau LAURA A. ROSSINI Chief Assistant City Attoi-ney RCCOMMENDED FOR APPROVAL LISA RUDLOFF Executive Director, Parks, Recreation and CummunityServiees Agency CITY OF SANTA ANA KRISTINE RIDGE. City Mana-cr City Council 9 10 — 17 7/6/2021 0 §{ E L \ §\ �E! as -` 03 wa �u§ w,» u=- . Lu� L «` R\ R}( . It cc« ® ,a+ a.a7 \ § / ■ Public Works Agency https://www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation AGENDA TITLE Award a Construction Contract to RMF Contracting, Inc. dba R&M Electrical Contracting in the Amount of $748,014 for the El Salvador Park Basketball Court and Court Lighting and the Riverview Park Ballfield Sports Lighting Renovation Projects with an Estimated Project Delivery Cost of $935,018 (Project Nos. 20-2714 and 20-2717) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing prior yearfund balance of $443,946 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. 2. Award a construction contract to RMF Contracting, Inc. dba R&M Electrical Contracting, the lowest responsible bidder, in accordance with the base bid in the amount of $748,014 for construction of the El Salvador Park Basketball Court and Court Lighting project and the Riverview Park Ballfield Sports Lighting project for the term beginning July 6, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $935,018, which includes $748,014 for the construction contract, $112,204 for contract administration, inspection and testing, and a $74,800 project contingency for unanticipated or unforeseen work. DISCUSSION The lighting conditions at the El Salvador Park basketball courts and the Riverview Park baseball fields (Exhibit 1) have deteriorated. As such, new LED lighting along with a new concrete basketball court will be installed at El Salvador Park and new LED lighting will be installed at the baseball fields at Riverview Park (Exhibit 2). Once completed, these City Council 11 — 1 7/6/2021 Award Construction Contract to RMF for Projects 20-2714 and 20-2717 July 6, 2021 Page 2 projects will improve safety in the area and enhance the community's ability to play basketball and participate in sports activities. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,034 regional vendors via PlanetBids, many of which are Santa Ana based. Sixty-five vendors requested bidding documents, and a total of four bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 15 and 22 of 2021. The projects were also advertised in PlanetBids from April 12, 2021 through May 12, 2021. Bids were received electronically via PlanetBids on May 12, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 RMF Contracting, Inc. dba R&M Electrical Contracting Lake Forest $ 748,014 2 HYM Engineering, Inc. Fullerton $ 876,500 3 Solex Construction, Inc. Los Angeles $ 912,565 4 Bedrock Group, Inc. La Canada $1,031,400 Of the four bids received, and all were deemed responsive. RMF Contracting, Inc. dba R&M Electrical Contracting submitted the lowest responsive base bid in the amount of $748,014 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to RMF Contracting, Inc. dba R&M Electrical Contracting, in the amount not to exceed $748,014 (Exhibit 4). Project Delivery To deliver complete projects, in addition to the construction contract, the estimated total project 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 includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality, and materials 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 $935,0186 City Council 11 — 2 7/6/2021 Award Construction Contract to RMF for Projects 20-2714 and 20-2717 July 6, 2021 Page 3 Project Item Total Construction Contract $748,014 Construction Administration, Inspection, Testing $112,204 Contingencies $74,800 TOTAL CONSTRUCTION DELIVERY COST $935,018 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2019-77 and 2019-79 were filed for the projects. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $935,018, which includes construction, contract administration, inspection, testing, and authorized contingency. Approval of the appropriation adjustment will recognize prior year fund balance of $443,946 in the Residential Development District 1, Prior Year Carry Forward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account (No. 31113260-66220) for FY 2021-2022 capital expenses to complete the funding for construction of the projects. The following table summarizes the funds budgeted for expenditure to deliver construction of these projects. All Funds are available for expenditure in Fiscal Year 2021- 2022. Fiscal Accounting Unit Accounting Unit - Year Account No. Fund Description Account No. Description Amount (Project No.) APPROPRIATION ADJUSTMENT 31113260-66220 Residential Residential Develop 2021-22 (20-2714) Develop District 1 District 1, Improvements $181,198 Other Than Building 31113260-66220 Residential Residential Develop 2021-22 (20 2717) Develop District 1 District 1, Improvements $262,748 Other Than Building Subtotal $443,946 EXISTING PROJECT BUDGET 31113260-66220 Residential Residential Develop 2021-22 (20-2714) Develop District 1 District 1, Improvements $23,215 Other Than Building 2021 22 05113263-66220 Capital Outlay Park Improvements, $200,000 20-2714 City Council 11 — 3 7/6/2021 Award Construction Contract to RMF for Projects 20-2714 and 20-2717 July 6, 2021 Page 4 Improvements Other Than Building 2021-22 31113260-66220 Residential Residential Develop District 1, Improvements $47,857 (20-2717) Develop District 1 Other Than Building 05113263-66220 Park Improvements, 2021-22 (20-2717) Capital Outlay Improvements Other $220,000 Than Building Subtotal $491,072 GRAND TOTAL $935,018 EXHIBIT(S) 1. Location Map 2. Construction Plans 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency and Lisa Rudloff, Executive Director— Parks, Recreation, and Community Services Approved By. Kristine Ridge, City Manager City Council 11 — 4 7/6/2021 Exhibit 1 SANTA ANA Project Nos. 20-2714 and 20-2717: PW1 El Salvador Park Basketball Court and Lighting Renovation Riverview Park Ballfield Sports Lighting Renovation P,,R ICY rtK$AGFNCY 101bYl� 01 AfaMIVy WOHi NOLLVL GVH36 J A3 141 Ll:0 P -lL ON JO3!'OHd R � a — � c—J O �• Q L^L O IL Z W C Sz �Fz J = CO J W C..) v O n p N Z I Q a N � z� U C) W J J Q mm �ti-j a m 1 Y i 5 fi d a I w V 0 1 i 9 ,r 7 V J Q0 I U c C) 0 U ,>' L rl cn 1MD11-11jR0� TVBL3)IFMB i�dVd hOOVn1V619 VL 8-OS'ON 1 MrOFJd c yi a Aq rl e 8 na0ffiL P � 5 v' ® L 9 a I'i CC % ... a e El cl �I e a v e El 0 1 \ $ § i Z e � . .� § a� me •=4� xw. eT77r ' t• e 3 4 f e n e i o a .... ri y �i r TTT a +J =_ a a ggjig 6clgq4 �g !g OAa7 �a i a a'-- °� �`.G =ie-@ilig p:B @a Sa a �E�5_4 - =3 5� q � go" g° Q �c �S beds 6€ Y=3 �1.5n�-��e�!��eaE g5 p5I S� Sg Mil Ae -.�g=a°�eeq-e 3 Mil !'� Sim ��9 �F.� ��'po ig gs F2 �ES @tee C'B Y�i� E� s�@ ?!a Magf2 m 9 5 c B� gg �n@®pppR®!-m n51 Q- 5i R� �� 8 i� E . 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A a :9D °� �° °5 a. gte� �o c E '3°°-'Till. i . v@a a4- gge 3- _ p° 13�c=�=7 .°.g' �y� a �o �•` is I'd 1, v e F ■=y Fez- re 9.I.- E° a �,ea� € �Zd 6�� E-B ��'-'° S GF G_F € Ee fi� �� pie 5 @ pp o� ° iii ° sid =cg �a�e s,a' t G6 r s[ -Ea e gc �B 2 9 f�� c� fl_g_� °�� y� ��i E ���4_ �`d H£6 ;•� 5 7��� Ri aa4= e�fie fl ": : 1-1 OH Re P_= ° e � e� gall aG_ °@ C isl °4-�0 WEE �� °R2 E i 2 g�� - fgg 5��°: 3 vi an - ° eE'[ �9 E'�S '� °-.... 3 �SITT =p8_ 'Mg i ` . �. a7 51 �.�� g 5 e���eg�Ng9` p� 3 �Be ¢ ° fi pi! I MR' J.� $= 9 $ 98 EGA 8 �'� 9Q-.g S =66 -e12! p°B v'. Gam. 9a9 �$ w @=uYv _- s e [� �ag �� ��ela tee$ 4a - $@y �4 pqq i s_ s9 s9 Si HEE34 ESotE 4e� '§ `S q6q=� :W_ �O ri0 i�5a° _c� �5� 2'e-e.$ 2 �c �=''4; p 4� in 5yy c. e pp ke 3I3? 3°� g g ga _g9 �e-ebxax° BB�pqpq i ge g2g Reea - 1 1�ep6 r a�°pQ e �lke a E�E IN e 6 B� See ° aa ee Cpiea @ee2EII - '�S S11WI lDDf'OJd D71U 133f-Clda NNNN-AA CIN I0D['OUd 2m A-1 HIS IN IF---------- I ..................... lad ME--- ---------- FIN a PIN 8 a 9 hog �I.� I IN 1.titJl It It q VRz,- Fb lY - Wlc O W"I 191m, CITY OF SANTA ANA PROPOSAL NO.20-2714: EL SALVADOR PARK BASKET BAH. COURT AND COURTLIGHTING NO.20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING PI.v.1'_R4PosAI.. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: RMF Contracting, Inc. dba R&M Electrical 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 1 Ballfield Sports Lighting System at ... I ..... ........ ....- LS - Riverview Park 3�C-4 `lC�t 2 Creosote Pole Hazardous Material 1 L$ $ $ Testing — Riverview Park __3 .... .....__ -_L.... - .......... ..... ..... Remove and Dispose Creosote Pores I LS � ... $ Riverview Park ) CX A -, 4 . Concrete Repair at Removed Lights and ............ _ 1....._-- LS $ $ Concluk - Riverview Park j L> Gcv I (, a icy 5 Basketball Court Sports Lighting Systern I LS S $ in El Salvador Park I ,l r " �, 1 2.0) i` u 6 Unclassified Excavation 180 'y $ $ El Salvador Park — ..........d 7 C....._.o..ncre-,c,r,cte... e ReinforcBasketball Court 1I,0(lp SF $ -- .S El Salvador Park 8 Concrete surf -,ice (Non reinforced 4" goo SF S $ thick) — El Salvador Park 9 Set of Basketball PoldRiu>/Backboard 4 EiA $ $ El Salvador Park ]0 RelocatcPnlmT'ree 1 EA $ S Et Salvador Park < e,c,c b lapCr ... ....- - 1................... ......... ..L...._....._.... t 1 Ti.__exicourr Surface System I LS $ S El Salvador Park. 12 Stripe Basketball Court 1 LS $ $ El Salvador Park iI 13 As -Built Plans — Rivervicwand El I LS $2,000 S ................... Salvador Park __... 14 Construction I'ennit —Riverview and El 1 LS $15,000 Salvador Pink I,�rr O(,> P-1 of P-17 Cny Council &nhsp:II –&nhsp;22 7/o/2A21 &II)Sp; CITY OF SANTA ANA PROPOSAL NO. 20-2714: EL SALVADOR PARK BASKETBALL. COURT AND COURT LIGHTING NU 20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING ------------ -----.............— TOTAL, BASE BID (Items I to 14).� 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. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR (.QMPL.ETION OF IMPROVEMENTS AND LIQl11DATE) DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) wodcing day. after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lien of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S 1,600 per calendar day. Name of Firm RMF Contracting, Inc. dba R&M Electrical Contracting Signature of BIDDER ,,,, �1�. ) r � U Title Secretary (If an individual, so state. If a firm or co -partnership, state the finn name and give the names of all individual co-partners composing the firm- If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P-2ofP-17 City council  :II –lnhsp;23 7/6/2021 ktnbsp, CITY OF SANTA ANA PROPOSAL NO.20-2714: E1.. SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO.20-2717: RIVERVIEW PARK BALLPIRLD SPORTS LIGHTING BIDDER'S STM EME'Nq BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of time 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 fiords, 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 tine 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 sliall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, fire estimated quantities set forth it) 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 7029.15 of the California Business and Professions Code, the undersigned certifies ender penalty of perjury that the foregoing is true and correct. Name of Finn RMF Contracting, Inc. dba R&M Electrical Signature of BIDDER Title Secretary (If an individual, so state_ If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and it, of President, Secretary, Treasurer and Manager, thereof.) C1161Y(1 4�-�11'Y�i:l��4 — 40bl/>Sl(���Yy$ P-3 of P-1 7 Ciiy Council &nhsp;II –lnhsp;24 7/o/2021 &1I)Sp; CITY OF SANTA ANA PROPOSAL NO. 20-2714: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING N0. 20-2717: RIVERVIEW PARK BALL,F'IF1.1) SPORTS LIGHTING CONTRACTOR'S LL("LNINC�ND RF:GIS't"RATION STATEMENT 'I he undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of Califbrnia Department of Industrial Relations (DIR), and that the following is n ue and correct. Contractor's Name: Richard Feilmeier Business Address: 26301 Dimension Drive, Lake Forest, CA 92630 Business E Mail Address: rickf@r-melectrical.com Telephone: (949) 770-2269 State Contractor's License No. and Class: Lic. #813655 (A, C-10) License Expiration Date: 10/31/2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000003540 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2021 Signed: Title: Secreta P-4 of P-1 7 C.iiy C'ountil &iihsp; I I &ndxsh; lnhsp;25 7/6/2021 &II)Sp; CITV OF SANTA ANA PROPOSAL NO. 20-2714: EL. SALVADOR PARK RASKF:TRAI..1. COURT ANT) COURT LIGITING NO.20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING PREVAILING WAGE COMPLIANCE AND MDNITORINGSTATEMENT 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 ormore, 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 Conuactor 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 actor'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. Nance of Firm RMF Contracting, Inc. dba R&M Electrical Contracting Signature of BIDDER Title Secretary (if an individual, so state) P-S of P-17 C:ny Council &nhsp:II –lnhsp;20 7/o/2021 &II)Sp; CITY OF SANTA ANA PROPOSAL NO.20-2714: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO. 20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGIIIING SUB -CONTRACTORS Section 4100 ct. 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: ''/off of tire bid or$10,000, whichever is greater o Buildings, patl(s, or other projeers: '/% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of lndusnial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name (6U'/I License 4t/Exp C' y,( DIR Reg #/Exp � 111" D Location hl(,Ai "II Phone U)t I ype Of Work ril)p P �loLl11 (Oy't ti Amount $ .(: i -I Z Name License U/Lxp. DIR Reg.#/Exp. License ff _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. tt/Exp. License Location Phone Type Of Work Amount $ Sigitatwe of Bidder . Name License #/Exp. J DIR Reg.#/Exp Location Phone "Type Of Work Amount $ Name License N/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone _ Type Of Work Amount $ Name License 9/Exp. DIR Reg.#/Exp. License # _ Location Phone -- Type Oi'Work Amount $ P-8 of P-17 C-11Y C:ountil  :II –lnhsp;27 7/o/2021 ktnbsp, CITY OF SANTA ANA PROPOSAL NO.20-2714: 131. SAL.VADOR PARK BASKETBALL. COURT AND COURTLIGHTING NO.20-2.717: RIVERVIEW PARK BAl LFIELD SPORT'S LIGHTING The following are the names, addresses, and telephone numbers for TI_ IR) L public agencies for which the BIDDER has performed similar work within the past three years. 1. Orange Unified School District - 1401 N. Handy Street, Orange, CA 92867 Name and Address of Owner. Scott Harvey • (714) 628-4500 Name and Telephone Numberof person familiar with project. $3,173,679.47 Site & building electrical 0812112020 Contract Amount Type of WolIC 2. Anaheim Union High School District - 501 N. Crescent Way, Anaheim, CA 92801 Date Completed Name and Address of owner. Loan Jason - (714) 747.8021 Name and J eleplhone Number of person familiar Willi project. $1,162,40Z00 Site/building electrical modernization 712/2020 Contract Amount Type of Work 3. RMV PA2 Development - 28811 Ortega Highway, San Juan Capistrano, CA 92693 Name and Address of owner. Brent Matthews - (949) 276-6123 Name and Telephone Number of person familiar with project. $2,553,991.00 Contract Amount Sports field lighting Type of Work Date Completed 6/23/2020 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sur'etes from whom BIDDER intends to procure insurance and bonds- Alliant Insurance Services - 685 E. Carnegie Dr., Suite 265, San Bernardino, CA 92408 Christina Mouniz (Agent) - emountz r@alliant.com, (909) 474-8799 Markel Insurance Company - 4521 Hlghwood Parkway, Glen Allen, VA 23060 Ph, 800-431-1270 P-9ofP-17 Ciiy Council &A-isp:II –lnhsp;28 7/6/2021 &II)Sp; CITY OF SANTA ANA PROPOSAL NO.20-2714: EL SALVADOR PARK DASKETRALL COURTAND COURT LIGHTING NO.20-2717: RIVERVI .W PARK BALLFIELD SPORT'S LIGHTING ADI?ITINA, RETE.RE:NCES The following are the names, addresses, and telephone numbers for THRUE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I. Fullerton Joint Union High School District - 1051 West Bastanchury Road, Fullerton, CA 92833 _..--- ...................""'— Name and Address of Owner. Jeffrey Anthony - (714) 870-2800 ...._ ..—........... ...-- Name and Telephone Number of person familiar with project. _$2,152,52T00 Sports field lighting _ 12/19/2019 Contract Amount Type of Work Date Completed 2. City of I..aguna Beach - 505 Forest Ave, Laguna Beach, CA 92651 Name and Address of owner. Tom Perez - (949) 464-6688 Name and Telephone Number o{{',1et So familiar with uprol-Iect. $820,508.00 Sil nud�ing electrical, parki(�g lot/ 5/6/2020 tm u9n,���, EV charging stations Contract Amount "Type of Work Date Completed 3. City of El Monte - City Hall West - 2nd Floor, 11333 Valley Boulevard, El Monte, CA 91731 Name and Address of owner. Braeden Yu 626.580-2058 Name and Telephone Number of person familiar with project. $408,56T00 Sports field lighting 12/22/2020 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. Alliant Insurance Services - 685 E Carnegie Dr Suite 265, San Bernardino CA 92408 Christina Meuntz (Agent) - cmountz@alliant.rom, (909) 474-8799 Markel Insurance Company • 4521 Highwood Parkway, Glen Allen, VA 23060 Ph, 800-431-1270 P-10 of P-17 City Council &-ilisp; I I – lnhsp;29 7/6/2A21 &II)Sp; CITY OF SAN`I'A ANA PROPOSAL NO. 20-2714: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO.20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer-, (hiring 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 thenace, 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 shalt, 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 shalt 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 shalt 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 112.46 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 Goverment contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-17 City Council II –lnhsp;30 7/6/2021 ktnbsp, CITY OF SANTA ANA PROPOSAL NO.20-2714: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO.20-2717: RIVERVIE W PARK BALLFIELD SPORTS LIGHTING The Contractor shall include the portion of the sentence inuuediately 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 file United States. 8. Pursuant to California labor Code Section 1735, as added by Chapter 643 Staffs. 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: ��. 'a . ( c Title: Secretary Firm: RMF Contracting, Inc. dba R&M Electrical Contracting ...._........ I61. Date: P-13 of P-17 City Council &nhsp:II –lnhsp;31 7/6/2021 &II)Sp; C ITV OF SANTA ANA PROPOSAL NO20-2714: U. SALVADOR PARK BASKETBA1,11. COURT AND COURT LIGRTING NO.20-2717: RIVERVIEW PARK BALLFIELD SPORTS I,IGII'FING STATEMENT RL(,j,ARDING APPRENIICESffiP RLQEN`fs The undersigned BIDDER is familiar with the requirements of Section 1777_5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards forthe 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 i❑ each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Arenticeship Council. Signed:.(, Title: Secretary Firm: RMF Contracting, Inc. dba R&M Electrical Contracting Date: � a t ! ).,L �' I 11-14 of P-17 City Council &nhsp:II –&nhsp;32 7/o/2A21 &II)Sp; ('[TV OF SANTA ANA PROPOSAL, NO. 20-2714: F.I. SAI.VADOR PARK BASKETBALL COURT AND COURT LIGHT"ING NO- 20-2717_ RIVE^RVIEW PARK BAL.LFIELD SPORTS LIGHTING STATEMENT-RLCARDIN %:'pN`I'I-KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3)- This act provides that each contractor or subcorm actor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any patter the compensation to which he/she is otherwise entitled Signed: Title: Secretary Firm RMF Contracting, Inc. dba R&M Electrical Contracting -----.-....---- Date: 11-15 of I'-17 Cny Council  :II –lnhsp;33 7/6/2021 &11)sp, CITY Or SANTA ANA PROPOSAL NO.20-2714: EL, SALVADOR PARK BASKf-3'BALL COURT AND COURT LIGHTING NO.20-2717: RIVF:RVIEW PARK BALLEIELD SPORTS LdGIITING PUBLIC,_ Q, TRACf CODE SECTION 10162.QQLSTIQNNAITLE 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 govet'nment project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circumstances in the following space. 13-16 of P-17 City Council II –&nhsp;34 7/o/2021 &II)Sp; CITY OF SAINTA A1NA PROPOSAL NO.20-2714: EL SAL,VADOR PARK BASKETBALL COURT ANT) COURT LGHTING NO. 20-2717: RIVERVITEW PARK BALLFIELD SPORTS LIGHTING STATLMI=NT 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: hlft�!/www t tnl�-an t grglt�w{ildoutrnuttt/('WA pelf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without inten'uptions 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. Tire undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the�Notice of Inviting Bids. Signed: (�. _ Title: Secretary Firm: RMF Contracting, Inc. dba R&M Electrical Contracting Date: )) 1) 1.., i -�I, o 1. P-17 of P-17 City Council  :II –lnhsp;35 7/o/2021 &II)Sp; CITY OF SANTA ANA PROPOSAL, NO.20-2714: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO.20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING OWNERSHIP AFFIDAVIT STATEOP CALIFORNIA ) COUNTY OF ORANGE ISS: CITY Of SAM A ANA I MaryAnn Feilmeier ___---_, being duly sworn, deposesand rays. ❑ INDIVIDUAL liiat Ire/she is the party nnAing the foregoing Proposal. PAR-1NF.1611IP 'Ilia[ he/she is a member of tile co-uannership frmr designated as: and who has been and is duly vested with ilia authority to make and execute inshinfleraN for file co•pannership by: who conslimle die other members of the co -partnership. �I CORPI)I A110N Thal he is of RMF_Contracting Inc_dba R&M Electrical Contracting ............. if corporation which is making life loregoing proposal: JOINT'VItNTURS That ale is of. -_ .........................— one of tile )aides racking ilia foregoing proposal as ajoin! venture, and the he/she has been and is duly vested with the inubority to cxectdc instruments for an on behalf (if use parties franking said bid who are. ------------------ that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, f01 binaself or any other person. 1 / ), U.) _ Signature of Biddei Subscribed and sworn to before me this clay of May 20 21 (ice. (fie xQlo) — Signature of officer Administering Oath (Notary Public) A notary pull or 011ie, officer compleane this Wdfitate .enaes only tn¢ Identity of ine Indlvlaual who Siaft,d the OOGumenl to which In's Carp(: <alt' is attachee, and no11h, IryM ,flnu 5. H[culd CY. or vdlld�tV of That C9<VrnenL State of Cardorn �/� Couf." of �' 1 1 }ram Subss�cr�ill e�d5 a'�nd((swoil to (or aI IMefonre me on this S v ve daY of prpved to me on the basis of satisfactory a en< ro t)e it.- per oats who �appeared /Wale r/oe- Signawre_-�'✓`""" "'(S¢aIl P-G of P-17 d�w�wwm..ra.m®. �al.w RS0 -on.� Wfll A�VEF$ON N lh a:l lif C 1'/Ornln u pb y t �M23tY r)e [ a.a'n r Fs � 1. 202�Y &nbt p; (,IIY c,ouli,.11  :II – 30 7/o/2021 &Ibsp, :11711 WU91rl:Vt1 MAN)aI1IJRtZ►391viTyf/iCr fyttvRd#a"I _ _............................. ------------ 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 ss. County of San Bernardino On May 3, 2021 before me, Amanda Castillo, Notary_Public. ,...- N; v yvtl Tel° of OfScer (I nne OOq Nols y P11AC') personally appeared _ -,,,_ Christina -Mountz NamO(s) of Sdnor(s1 �---� qkmom AN�AdtM CRS6T&LO w�a 4omrM6td0at M9. 223®369 ►p a NOTARY PUOLIC•CALIRORNIA 2 SAN BERNARDINO COUNT Y Mrcoµm. nln!laa .w vn�Cor s„aY zozs N,,,., who proved to me on tho 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 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. S,ntture of NOlery PaUIIC OPTIONAL ----- --.............. I rough the infolinalion bclow 7s not required by law, It may prove valuable to persons retying on the document and could prevent fraudulent removal and featlachment of this form to another document. Description of Attached Document Title or I'ype of Document:_„_.,., Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name Number of Pages: rl Individual T°a °f"^,mo h°�° ❑ Corporate Officer Title n Partner -- ❑ limited CI General rl Attorney -in -Fact • Trustee • Guardian or Conservator Other: Signer is Representing: Cily Cuuntil  :II –&nhsp;37 7/6/2021 &II)Sp; CITY T Y OF SANTA ANA PROPOSAL NO.20-2714: EL SAL'VADOR PARK BASKETBALL. COURT AND COURT LIGHTING NO. 20-2717: RIVERVIEW PARK BALLFIELD SPORTS LIGHTING NON -COLLUSION Al FID ',V 1: (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In confonnance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive; or sham; that the ,BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or shatn bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone clse to put it) a sham bid, or that anyone shall refrain from bidding, that the BIDDER has not in any manner; directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that (he BII)DT%R has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents theie0f, or divulged information or data relative thereto, or paid, and will not pay, any fee, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are rmtioned that snaking a false certification may subject the certifier to criminal Signed State of California County of Orange Subscribed and sworn to (or affsnrred) before urc on this Clay of May , 2021, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before tire �R� SLt_J Notary Public Signature Notary Public Seal n rld YD101<Of OIhU Ofrter COnpl2Cor lhli CMllnl t4Gffp fy p,p ae IIy01th nd (1 hofr ed the IIII to whjcntn'sc I CdIe� mabcd-ia cIae 1cs ca .It, 1dryofImuu(hem_ 'late of _� f n/a (O 1ty 0fIl-LY sous, bed and two« do rm/Iaf11r J) xlm/�Ie nre bit ❑ s -0 _Jay 01 /t 4, zo,al... t,vS-l.[SLI.C.r61 Vl ]_l'' •.� �J ...........�.. Pro,,ld III 'Il, of satlsl; (.f r I n c ro it tht Ijersu,0"I'ered befol. ./he P 11 ofP-17 h 6n dl L Public VCA.IfCrAI1 m] C m 2n 1)6 [ dwww �^;My Cemm��Vezpves roor��, EOi: Y (ify CouniiI knbsp;ll –lnhsp;38 7/6/2021 &II)Sp; CALIFORNIA ALL. -PURPOSE ACKNOWLEDGEMENT Fnotary public or other officer completing flits certificate verifies only the identity of the mdiwdual who signed the cument to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California y SS. County of San Bernardino On May 3, 2021 before me . ............. .................._Amanda personally appeared Castillo. Notary Public Name illi0 I'IRo or gGcor (p.H,. "Jnno Doo. volor, P 6k j Christina Mountz ____••__. Namc(a) o[ 5pne,{e) 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, G4TkA.0 and that by her signature on the instrument the or the entity upon behalf of which the person 22FORNI person, the instrument. OTARamWRLIC NOTARypIIULIC•CALlffORN1ASAN OV,lo.111 acted, executed BERNARDINO COUNTY . Erov®o MARCH vs. 2022 f I certify under PENALTY OF PERJURY tinder the laws of �^"°"^""""'•""""°'"""""""""' the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .L //n Spgn.own of Notary Put5c Though the information below is not required by law, it may prove valuable to persons relying on the domment and Coultl prevent fraudulent removal and reattachment of this form to another document 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 Name 77 Individual Corporate Officer Title Cl Partner -- f1 Limited f1 General 71 Attorney -in -Fact C7 Trustee ❑ Guardian or Conservator Other: Signer is Representing: Number of Pages: Cily CuuntiI &-hsp:I I –lnhsp;39 7/o/2A21 &II)Sp; d:l[TY OF SAN T A ANA PROPOSAL NO.20-2714:IhSALVADORPARK BASKET BALL COURT AND COURt ACil-I'fiNG NO. 202'71'7; P.IVERVIEW PARK BAI 1 ]'II?Lll SPORTS LlGH'1'ING BID BOND KNOW ALL PRESENT that, RMF Contracting. Inc. dba R & M Electrical Contracting _ , •f.g BIDDER, and Markel Insurance Companyas SU M'Y, are held and firmly bound unto the CITY OF SAN"I'A ANA, as AGL:NCY, in the penal suul of Tenpercent of amount bid Dollars ($_-10% ), which is teat percent (10%) of the total iunount bid by BIDDER to AGENCY for the above -stated project, for file payment of which suns, BIDDER and SURI;IY agree to be bound, jointly and severally, funily by these presents. TIRE CON011 IONS OF THIS OBLIGATION ARE SUCH that, whereas T3IDDER 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 BIDI)L:It in the nrtauner and time specified, then this obligation shall be null and void, otherwise it shall iomain in fall force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set ibeir names, titles, hands, and seal this 3rd clay or ----May--............._ ....................... 2,021 dba R & M Electrical Contracting - 26301 Dimension Drive, Lake Forest, CA 92630 Markel Insurance Coll an 4621 Highwood Pkwy, Glen Allen, VA 23060 °,red SURETY' 4 % Ph 800-431 1270 ----- -�.—� �•�c��.,�,�~t--.-._ __._ '� SEAL P, J ! KJ mip •�1` Chnstlrfa t"vlountz, Attorney -in -Fact Alliant Insurance Services, Inc. 685 East Carnegie Dr. Ste. 265, San Bernardino, CA 92408 Ph: 909-886 9861 Subscribed and sworn to before. me _... -- - ..._.......--- . 1 20._... Signature: Notary Public in and for the Comity of State of F Provide BIDDER/ SURL=TY wune, address, and telephone address, and telephone number of authorized representative. A notary Public Or Other officer fomplPr y, Ihls Cettific,i(r.- wrlihes only the I de!lily of the ndlv,cu,SI who Signer] 11a 1000me tt0 w1j.Cri tf cCe1gale LAltaalld, 210 01 Vie 1/,dhlt ness accifjiora10 y of Ihdl d0 PnfM. Stne of Gpli f cu.ply of S oscroed antl sworn to or if 'f� l a eal yoe��foe m''.11c l s ,L ,_yl nay f k4 .202_( .... proaed to c o the oas s of s t 510ctOry e dentf t0 bC t e PUuO@I i app area U Io ne. P-7 of P-17 Ibis - day of number and the name; title, NARI IAI Vf RSPN nlynrr c+e. Orrfget ly I x�• + f x,anu])h )a e�ns���o-, 000 r0�� Cily Council &A-Isp;ll –&nhspA0 7/6/2021 &II)Sp, PUAU 510028 .JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN DY THESE PRESENTS: That Scm iec Insuranm Company, a Corpornelon dWy organite0 untl eeis6ng under the Ivws of the Sule of Texas and having its principal office in the County Of Harris, Texas and Markel Imurince Company [the "Company'), a corporation duty orgmuted and laming antler file fens of the state of ailnnk. and having ILi Principal admlq:Sttlllvel off.ce In Cie" Allen, Vlrginis, doe; by these presents task,, toniftute and appoint, Jay P. Freeman. Cynibla J. Young. Laurie B. Drucx, Cnratina Mounlz, Melissa D. SCIIWN12 Yhelr true and lawful bEent(SI and a¢orncvfxldndact calf, In [heir xeParale opaclty If more than one Ix named abnvq to make. aeemlq ,at and dower for and On their Own behalf, In drvlJu ally a4 a Sorely or )0[ntly. ai 1. Surehe5, and a5lh0fr all and deed any ;no all bonds and other undertu king In suretyship orwIGCd, howitzer, thrt the penal:um n(any one zuch In5lnmaent OxOcuted hereunder Shall Has exeeetl W e turn oL Fifty Mllllon. and 001100 Dollars ($50.000 000 00) 'tile Power of Attorney IS granted and is S,Kned and ..,led .,,it,, and by the amnorily of she following Resoludom adopued by the Covd al D., 'hill of su.Orel msunnca Lompany and Markel Insurance Company: `RESOLVED, Tkat the Presiden , Senior vKO President, Otto President AfSlitant V1re President, Secretary, Treasurer and exch of them harehy is authodxed to o*cause powers of anomey, en6 such authority qn b¢ OeacutOd Dy use of fa W rY,Il6iIQ0aW r0, whkh may ba asmstmd or ackrtnwi¢Ogad by any offiaar or attorw.y, of the compeny. qualifying the attorney yr vttorneys Harm-d In thrt glum powor of assornny, to rtagcvrO In behatl o(. and ackrwwlodga a<lna an ane eyed of ehe SoroYcc firwlanCe Company and Markel antunnce LLmpany, ax he case anybe. aft hand ouMrbkingsandcontract, of iui-anship, and to alhe the ioll.l to seal thereto` IN W Iff,sn WgEREOF, Market Insurance Company and Sure'rec I.S.,,nce Company have touted thev offldaf seal to be helauato affixed and there Dreienti to be signed by tbnlr duly itinerate! Writers On the eN Illy of ^r'0un .aura_ Surpib.. I ajutireq Company x 6y fMarket .�a, Ce ./n,........... r�fy SEAL Mduel C Vervg, Presdent Waal, Ruro,g or VClrn�riPl pmnSly tlem rtruP+ COmmon Wealth of vbglnia fovnly of Nennco SS: Onll%am day0f a•MS` 'a10B_D-, before mo,axonry Publrc of tfm Commonwpa¢n of VirglNa, inantl fartR4 founryof Nenrlro. duty commYxlon¢d and q,nlificd, .r, m THE ABOVE OFFICERS OF T11C COMPAMES, to me peraor4f known to be the mSnNua's antl officers atse,bed in, who executed the pre"C ing ImtrwDent. and they aeknowledged the ekautlon Of Same, and being of me dolys,,010, disposed and said that they are The Officers OI file 3a d companies aforcnld, and (hat rile Seal If led to the procaetling itruomanr are the Corporate Seats of said Conipan1e3, and the Silla C.IDOrala Seals and vr,,v Slynaturei at Of f e,s were dvlr n(fined and iub.:mbmd W Uy raid Instrument Lv the au Marley antl dir<c@on of the saltl mmpanlcs, antl snot RColutlons atloDtetl by the aoartl o10UPcmfs of Said Coropanit referred to in the Preceding lnSUOment is now In ratio, ..... ""'cj aq , INTCSI1MONYWHEREOF,I)+ane hercunro sat nay hand, and affiaed mA„yj lSe'nP p}ypf'fei thr, it,,, and y041 flit s hove written. CUMMi65'ON an Donna Dorevant Notary Pcblic 70fi3J08 .'t� My commission wimis 1/3t/2023 We, the underrlgncd Officers of Sureoc Imurance Company and anarkcYlr)id(fd[x} C' T(jpcDY r�q'ROra, certify thM fhe.,.hel PDWLR Of A701INC, of which no ioregOLle IS a full, true and e011een cop. Ix "fit In f011 roily and Off", and ItdSclq[,pam toyOA, IN WITNESS WHfHrCi. we have 110reu0to set our hands. and affixed the Senii of raid Companies, on theyrd dalai _--- __ May 2021 RANNC ` IeW.4 4 Sur ec lnsur, ca f. pan .^ : ��•pPPf2'Ngyp� Markel lmurancc Company `hl' SEAL !q: By _ _.. � _.......... — �S ••.y TG � C.0 HY �—� ��iara 1 � .._S �• ..,.. _. M. drt salary, Assistant Secrefal a ;(roof?'• yy� Richard It Gillman, V,e Pn.dent sndaeaca. gyxynl�uyatP, My Instton¢ut lo-er in eons, of rh¢ panalry starod aoo.e is robAyrold and without enyve0.drtv. 410026 for veifKaliOa of NC xuV,Onry ed Ibiy Powe, you may yall1T131812-0gpd en eny 044nia-xaay b[[vr[en 8 3e AM and SiJ PM:aT. &nbap; C,II- C oullC,11 ktihsp:II tidash; tihspAl 7/6/2021 &II)Sp; IF \ S`f AIT OF CAL.11 ORNIA SAN 1 RANCISCO Certificate of Authority THIS IS TO CBR'I"IrY THAT, Pursuant to rile Insureruce Code of the State of California, Mas:kel Imsurane,, Company of Deerfield, 111 iooiF ; organized under the lowsof IllinOi6,Snbfe-ettoits A,(irlesoithuorporation or oJierfundanuntnl o+gm,izntional docmnennr, is he, eby author m d ro wn,sacr within elo, State, subject to allp,ovisions of this C.er-tificate, thefollowing classesof insurance_ Biro, Marine, Surety, Dlaabilit-y, Plate Glass, liability, WOrllarF..'-Compensation, _ Common Carrier Liability, Boiler and Machinery, burglary, ('reQit:, Spr-inklur, Team and Vehicle, Autpmol»..le, and Miacellanpnup, nr snech classes m-e rrow or+nay herer{fler he defined in zhe L,e',erm,ceL.iwrof the Slone r�(California- TIIIS CIRf 1FTCA'CE is expressly conditioned 21 the holder hereof now aped hereafter being in fill compliance- with all, and not in violation of ur); of the applicable Iwvsand lawful fequiremeats made under awhonity of the laws of the State of California as long r,, sach howl or sequin life in effect and applicable, and as'such laws and mejuhzfnetus Row are, a,'way hemofter be changed oronended IN 1UfPNESS Wlil'RI'-OP, effective a+ of tl,e. _.. 1 btIf day Of January _ ......., ._ 2002, I hrive hereunto ter my hand and caitterl my offdal seal to he affixed this _. dry of Jaunary _ 2002 iGLh e By NOTICE: Quahficmioh with the Smetary of Staw must he accomplished ne slierosv aceoftill,i,CM1ificmc ofNahortty. Ialnim to do ao&ill gmfmda far revoking this Cc ffml , of Amhomyparmma w mr. c (onditigtU e9Naloed hereia- y+!� o9c oo am &nb1 p] (�Ily C,(tlilpI __--- t-itird h- rtYfsli;4_ 7/o/2A21 &II)Sp; CITY OF SANTA ANA CONSTRUCTION CONTRACT PROTE-C:T NO. 20-2714 & 20-2717 FI_ SALVADOR PARK BASKETBALL COURT ANI) C:OTIRT LIGHTING RENOVATION RIVERVIEW PARK BALLFICLD SPORTS LIGHTING RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 6" day of Tiny, 2021 by and betWCel the City of Santa Ana, California, a charter city and mtuticipal corporation organized and existing under the Constitution and laws of the State of California (ltcrcinattcr "CITY" ), and RMF Contracting, Inc. dba R&M Flectrical Contracting (harinafter "CONTRAC I OR-1. W I'I'NI;:SSI;:I'I I: The CITY and the CONTRACTOR, for the consideration hercinatte• named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction Of the City Engineer of the CITY. the Et Salvador Park Basketball Court and Cnurt Lighting Renovation and Riverview Paris Ballficld Sports Lighting Renovation Projects (hereinafter refen-ed to a the "WORK OF IMPROVEMENT") identified in and in accordance "ith the Contract DOCnnlCniS prepared by the Cuy's Public Works Agency and approved by the City Council. 2. The completc Construction Contract consists of dtc "Contract Doe utncnts" as defined by the Standard Specifications tot Public Works Construction and which include the following: • Noliec Inviting Bids • Inlbrnalion to Bidders • Bid Proposal • Bid Bond • Contract Fonn • Contract Bortds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications tot Public Works Construction. 3. CITY agrees to pay and CON TRACTOR agrees to accept in hill payment to complctc the WORK OI; IMPROVEMENT the sum total amount not to exceed Seven IIundred Forty -Eight Thousand Fourteen Dollars and No Cents ($749,014.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit -A-- The BID PROPOSAL contains a schedule of unit priec(s) or lump sum(s) ba,cd on approxitnatc quantities only, and the City does not expressly orby implication agree that dre actual amount of work will correspond therewith. but reserves the riglit to increase or decrease the amount of any class or portion of the work or to omit portions of the work -a-, may be deemed necessary or advisable. City Council 11 — 43 71612021 1--, 0-)i01n1117 Page 1 of3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL_ (Exhibit "A") including commencing construction within the trmelrame therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will rcquirc all subcouu-actors to pay, all employees on the WORK OP IMPROVEMENT a salary of wage at least equal to the prevailing salary or wage established tor such work -as set forKh io the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Worktorce Agreement (('WA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA maybe Round on the City's website at: htto://ivA,w.santa-ana.org/pw i/documents/CWA.pdf 7. CONTRACTOR shall, aller award of this Conu-act, furnish two bonds to be approved b_y the CITY, Otte in the amount of One I Inndred Percent (100`10) of the Contract price, to guarantee the faithfill performance o0lie work (Periormaoce Hond), and one in the amount of"One Hundred Percent (100%) offhe Contract price to guarantee payment of all claims for Tabor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds arc supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance.. and payment bonds or the retention paytnenl, furnish a m arranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also he required as a condition of project acceptance. For projects up to Five TTundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greiaerof l en thousand Dollars ($10,000) or Twenty Percent (20°/.) of the final contract price. For projects above Five Hundred Thousand Dollars (S500,000), the Warranty Bond amount shall be the greater of Onc I Intuited Thousand Dollars ($100,000) or hen Percent (10'No) of the final contract price. 9. CON I RAC TOR shall, after award of this Comract, tilrnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDLMN11'1CAT1t )N. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnity, and hold harmless CITY, its City Council, hoards and commissions, offices, agents, cmplo_yces, representatives and volunteers (herumalicr collectively relict -red to as "Indemnaces"), through legal counsel acceptable to C1TY, from and against any liability, claims, actions, costs, damages or losses. including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the billowing: (i) Performance or nonperformance of the Work of lrnprovcmcnt by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Docutncnts; City Council 11 — 44 7/6/2021 Page 2 ol'3 (iii) The construction aaivitieS of CONTRACTOR or its Subcontractor's of any lower lien either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tiel-, for- Wolk of huprovemcla performed oil or off the pluject site; and (v) Any personal injury. property damage or economic loss to third persons related to and arising; from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of fntprovement. (vi) 'I lie indemnity obligations of Subconuractors provided by this Section shall be included in all subcontract documents issued by CONI RACI'OR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any otter Indemnitee. IN WITNESS WLIERLOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEXI': DAISY 60MI:Z Cleric of the Council APPROVPD AS TO FORM: SONIA R. CARVAL110 City Attorney 13y ........_... JO FUNK Senior Assistant City Attorney RWOMMENDED POR APPROVAL: NABIL SABA, PF I:xecutive Director I'ublic Works Agency CITY OF SANTA ANA IRISHNI: RIDGE City Manager CONTRACTOR: RMI, Contracting, Ine_ NAM! f�tl'(9iA41I.i�m� t�aa I` T1TLK: fit L`df{,� d ti t Y Page 3 of 3 City CuunOil &-it-isp; I I – lnhspA5 7/o/2021 ktnbsp; W ■ C a F'10 'Y- "11 - I '4 , , II I I.Irr,.I,. Vendor Name RMF Contracting Inc Address 26301 Dimension Dr Lake Forest. California 92630 United Staies Respondee Richard Feilmeier Respondee Title Presidfent Phone 949-770-2269 Email nckf@r-melecincal. com Vendor Type CADIR License # 813655 CADIR Bid Format Efeclroruc Suomilaed 05/12120211S1 PM(PDT) Delivery Mc-thod Bid Responsivu Bid Status Submitted Confirmation tt 253827 Ranking 0 1, l irji,r I ( " ill I li' /)If _N_ I, II3.. File Nle File Name 1``11f, Type Non -Collusion Affidavit - El Salvador, Non -Collusion Affidavit, El Salvador, Non Collusion Affidavit (Notary Public) REQ Original Hard Cop, Riverviewpdf Riverview_pdf Submittal in Addition R&M bid does - El Salvador, Riverview R&M did does - El Salvador, Riverview, General Forms Santa Ana.pdf SaMt i Ana.gdQ Bid Bond - El Salvador. Riveiview.pdf Bid Bond - El Salvador. Rlveiview.pdf Bid Bond Guaranly'Notary Pu6:Ic) - REO Original Hard Copy Submittal in Addition Ownership Affidavit - El Salvador, Ownership Affidavit - El Salvador, Ownership Affidavit (Noiary Public) - REO Original Hard Copy Riverview.pdf Rivervie.w.pdf Submittal in Addifion City Council 11 — 46 7/6/2021 Discount Terms No Discount I PFrs "GO" 1In ,,I, if, ..... ... ... .. "f ; 11 111 1I)j I i10 f, if.f fl. 1, 1 '-f if, )if 1, ff f 1.f if, I 11,1 If) )if 1 If f I City Council 11-47 7/6/2021 Section 1 file Il* 10("I TOTAL UAIIL: [LSD 04rov- t :o tee _>a6.O11,00 Not, I^,r-2 fI-ai .1III, ,f;IWn-WOf'vAl<f nr (Wit HI)r(s[aj 50n0 UranU TG¢�i 014. C0 City Council 11 — 48 71612021 CITY OF SANTA ANA PROPOSAL, NO. 20-2714- EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING NO.20-2717: RIVERVIEW PART{ BALLFIELD SPORTS LIGHTING ............. _.... TOTAL BASE BID (Items 1 to 14) 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. -I' This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications - TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within ei Orty (80) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,600 per calendar day. Name of Firm RMF Contracting, Inc. dba R&M Electrical Contracting Signature of BIDDER Title Secretary (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm_ If a corporation, state legal name of corporation, and names of President, Secretary, "Freasurer and Manager, thereof.) City Council 11 — 49 7/6/2021 P-2 of P-17 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 20-2714 and 20-2717: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING AND RIVERVIEW PARK BALLFIELD SPORTS LIGHTING PROJECTS Construction Contract 20-2714 $ 323,530.00 Construction Contract 20-2717 $ 424,484.00 Contract Administration, Inspection and Testing 20-2714 $ 56,102.00 Contract Administration, Inspection and Testing 20-2717 $ 56,102.00 Contingencies (20- M4) $ 37,400.00 Contingencies 20-2717 $ 37.400.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 935,018.00 City Council 11 — 50 7/6/2021 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Amendment to Blanket Order Contract for the Movies in the Park Series AGENDA TITLE: Amendment to the Blanket Order Contract with Ultimate Entertainment dba Mega Outdoor Entertainment for the Movies in the Park Series to Increase the Total Amount to $101,343.60 Which Includes a 20% Contingency for the Period Through September 30, 2021 (Non -General Fund) RECOMMENDED ACTION Approve an Amendment to the Blanket Order Contract with Ultimate Entertainment dba Mega Outdoor Entertainment for the Movies in the Park Series to increase the total amount to $101,344 which includes a 20% contingency for the period through September 30. 2021. DISCUSSION As COVID-19 restriction lifted the Parks, Recreation and Community Services Agency (PRCSA) is working towards bringing programs and services back to the community. The PRCSA will be hosting the Santa Ana Movies in the Park series every Wednesday and Friday, beginning July 14 through August 27, 2021. These free movie night events will take place from 7:00 pm — 10:00 pm, with the movie screening beginning at dusk. The series will include fourteen (14) movie nights and will be held at the following parks: • July 14 - Jerome Park July 16 - Campesino Park • July 21 - Rosita Park • July 23 - Thornton Park • July 28 - Edna Park • July 30 - Portola Park • August 4 - Santiago Park • August 6 - Memorial Park • August 11 - Lillie King Park • August 13 - El Salvador Park August 18 - El Salvador Park • August 20 - Delhi Park City Council 12 — 1 7/6/2021 Amendment to Blanket Order Contract for the Movies in the Park Series July 6, 2021 Page 2 • August 25 - Madison Park • August 27 - Centennial Park Free popcorn will be provided to the first 500 guests. The PRCSA had to adjust quickly to the changing COVID-19 restriction guidelines and proceeded with an informal bid process to solicit proposals for equipment rental in order to produce the Movies in the Park series this summer. Proposals from three vendors were collected and Ultimate Entertainment dba Mega Outdoor Entertainment was able to provide the needed equipment at the lowest cost to the City at $84,453. As part of the quote, Ultimate Entertainment will provide 200 headphones for public use for those interested in Spanish or Vietnamese audio during the movie nights, in which they will manage and sanitize all the headphones after each event. At the end of the movie series, the City will own the 200 headphones. The City entered into a $50,000 blanket order contract with the Ultimate Entertainment in order to initiate the first set of movies, but in order to complete the movie series the City is requesting to increase this amount to $101,344, which includes a 20% contingency or $16,891 for as -needed additional equipment and services. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds have been budgeted and are available in the following account for the specified year: Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 21-22 02213200- Special PRCSA Fee & Donation $101,344 62300 Revenue Contractual Services - Fund Professional 1. Quote Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 12 — 2 7/6/2021 Mega Outdoor Entertainment 12104 Park Street Cerritos, CA 90703 Ideal Gandarilla Direct: 424-360-1153 Office Number:866-275-9197 E-mail: ideal@ Ultimateoutdoorentertainment.com Quote Date: June 17, 2021 Quote Bill To: City of Santa Ana c/o Sonia Batres Recreation and Community Events Supervisor 20 civic Center Plaza Santa Ana, CA 92701 Date Type Description Park Name Total Due 7/14/2021 Dynasty Screen 52' Inflatable Screen Jerome Park $3,654,03 7/16/2021 The Saga Screen 32' Inflatable Screen Compersin❑ Park $1,68sm //21/2021 Box Office Smash ' 40' Inflatable Screen Rosita Park $2,403,00 7/23/2021 Box Office Smash 40' Inflatable Screen Thornton Park $2,403.00 7/28/2021 Box Office Smash ' 32' Inflatable Screen Edna Park $1,685,00 7/30/2021 Box Office Smash 40' Inflatable Screen Portola Park $2,403.00 8/4/2021 The Saga Screen i 32' Inflatable Screen Santiago Park $1,685,00 8/6/2021 Dynasty Screen S2' Inflatable Screen Memorial Park $3,654.00 8/11/2021 Box Office Smash 40' Inflatable Screen Lillie King Park $2,403.00 8/13/2021 Box Office Smash 40' Inflatable. Screen El Salvador $2,403.00 8/18/2021 Box Office Smash 40' Inflatable Screen El Salvador $2,403,00 8/20/2021 Box Office Smash 10' Inflatable Screen Delhi Park $2,103.00 8/25/2021 The Saga Screen s 32' Inflatable Screen Madison Park $1,685,00 8/27/2021 Dynasty Screen 52' Inflatable Screen Centennial Park $3,654.00 Generator for Lach Show 14 @ S495 Each i $, 6,030O0s Tree Lights 4 Lights for 5 parks / 20 Lights Tree $450.00 Each 5 Parks 9,DD0.00 Total Without Headphones $ 50,453.00 Head Phone Service Headphones 200 each Silent Cinema headphones Complete administration, Bring to each event, I Setup rack, take ID of each user, Collect at end of night and return user 4 We will collect, store, clean, sanitize and mange them for each event you own them at the end of the $15 /1, 2',per park X14`parks $ i 22,000,00 Head phone buy lHeadphanes leach Buy $ 20,000.00 Headphone Discount Discount Is (8,000,00) Total ITotal 1 1$ 84,453.00 Terms : 1/3 due July 1st 2021, 1/3 due August 1st 2n21, 1/3 due Sept. 1st 2021 Reminder: Please Include --The statern(---nt number on your check. City Council �(�<< OUTD®OR MOVIES America's LARGEST Outdoor Movie Company! 7/6/2021 Payment Due on Receipt. Payment must be on file in order for an Event Crew to be dispatched to your event. THANK YOU FOR YOUR BUSINESS! Ideal Gandarilla -Account Representative City Council 12 — 4 7/6/2021 Community Development Agency www.santa-ana.org/cd Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Continuation as a Provider Under the Federal Title I Workforce Innovation and Opportunity Act. AGENDA TITLE: Approve Continuation as a Career Services Provider under the Federal Title I Workforce Innovation and Opportunity Act RECOMMENDED ACTION Authorize the Mayor to sign and direct staff to submit to the California Workforce Development Board an application to provide Adult and Dislocated Worker Career Services for a four-year period expiring May 2025, as authorized in the final regulations of the federal Title I Workforce Innovation and Opportunity Act. DISCUSSION At its regularly scheduled meeting held on May 20, 2021 the Workforce Development Board approved this action by a vote of 17:0 (Korthuis absent). The City of Santa Ana is the administrative entity that receives direct from the State Title I federal Workforce Innovation and Opportunity Act (WIOA) funding, which was signed into law July 2014 and went into effect July 1, 2015. The Workforce Development Board (WDB) is tasked with providing oversight in implementation of WIOA and policy recommendations as it relates to workforce issues. Initial guidance was given indicating that procurements of programs and services were to be done in order to be in compliance with WIOA; however, on June 30, 2016, the Department of Labor released WIOA Final Regulations that allowed WDB's to retain Career Services, which is defined as eligibility and case management to adult and dislocated workers. City personnel under the Community Development Agency, Santa Ana WORK Center have been providing eligibility, enrollment and case management services for Adult and Dislocated Workers. The Department of Labor requires States to have a process in place to allow local areas to request Career Services be retained in-house or contracted out. Allowing for the Santa City Council 13 — 1 7/6/2021 Continuation as a Provider under the federal Title I Workforce Innovation and Opportunity Act. July 6, 2021 Page 2 Ana WORK Center to retain WIOA eligibility and other career services "in house" would provide continuum of the implementation of multiple time sensitive WIOA mandated activities and maintain quality service levels for WIOA customers, which if not completed, would jeopardize the City's meeting State mandated performance measures and ultimately WIOA funding. The WORK Center and the partners that comprise the one -stop operations have been successful in the past in providing career services to job seekers in the community and have a history of meeting or exceeding performance goals. Below is a table of the WORK Center's published performance outcomes under WIOA. WIOA Goal vs Actual Performance Outcomes Santa Ana WORK Canter Adult and Dislocated Worker Career Services Programs WIOA Goals Goals Actual Goals Actual 2017-18* 2018-19 2018-19 2019-20 2019-20 Adult Employment Rate 2na Qtr. 68.0% 64.0% 61.5% 66.0% 69.0% After Exit Employment Rate 4t" Qtr. After Exit 65.50% 60.5% 69.3% 62.5% 64.3% Median Earnings 2i11 Qtr. $5,157 $5,200 $6,834 $5,600 $6,094 After Exit Credential Attainment within 55.9% 53.0% 58.1 % 54.0% 87.8% 4th Qtr. After Exit Dislocated Worker Employment Rate 2n" Qtr. 71.0% 68.0% 71.9% 69.5% 69.6% After Exit Employment Rate 4'" Qtr. 69.5% 63.5% 72.0% 65.0% 70.7% After Exit Median Earnings 2n`a Qtr. $7,523 $7,450 $9,331 $7,600 $10,215 After Exit Credential Attainment within 48.0% 57.0% 61.1 % 58.0% 83.6% 41" Qtr. After Exit ' PY 2017-18 still had clients under WIA — no WIOA outcomes collected for this year. FISCAL IMPACT No fiscal impact associated with this item. City Council 13 — 2 7/6/2021 Continuation as a Provider under the federal Title I Workforce Innovation and Opportunity Act. July 6, 2021 Page 3 EXHIBIT(S) 1. Application - Adult and Dislocated Worker Career Services Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 13 — 3 7/6/2021 EXHIBIT 1 vn p l oynzen t. Development ,a. flvparfinenl' Slele of (alifnruia ]0 p�0 Workforce Development Board Request for Approval America's Job Center of Californiasm Adult and Dislocated Worker Career Services Provider Local Workforce Development Board Santa Ana Workforce Development Board Local Workforce Develooment Area Santa Ana ..................................................................................................................................................................................................................................................................................................................................... Tho FQQ is nn or;tinl n .p.nnrtr,nit i om Moor/nrnnmm d uvi(inr;, nirlc nnri corviroc City Council are available upon request to indli%uA with disabilities. 7/6/2021 EXHIBIT 1 The Workforce Innovation and Opportunity Act (WIOA) allows Local Workforce Development Boards (Local Board) to be an Adult and Dislocated Worker Career Services Provider with the agreement of the Chief Elected Official (CEO) and the Governor. This application will serve as the Local Board's or administrative entity's request for Governor Approval to be an Adult and Dislocated Worker Career Services Provider within a Local Workforce Development Area (Local Area) under WIOA. The application must be submitted to the California Workforce Development Board (CWDB) by March 1, 2021, through the following method: Email: CWDBPolicyUnit@cwdb.ca.gov Subject line: Career Services Provider Application If the CWDB determines the request is incomplete, it will either be returned or held until the necessary docurnenLaLion is subrniLLed. Please conLacl- your Regional Advisor for Lechnical assistance or questions related to completing and submitting this request. Santa Ana Workforce Development Board Name of Local Board 801 W. Civic Ccntcr Dr. Suitc 200 Mailing Address Santa Ana 92701 City, State Zip Deborah Sanchez Contact Person 714-565-2621 Contact Person's Phone Number TBD Date of Submission City Council . "b` ` "' 13 — 5 7/6/2021 EXHIBIT 1 Request for Approval Adult and Dislocated Worker Career Services Provider Local Chief Elected Official Statement A Local Board or administrative entity that seeks approval to be an Adult and Dislocated Worker Career Services Provider within an America's Job Center of California"' must provide a statement from the local CEO indicating his/her request as well as responses to the following questions. Please provide responses to the following items on a separate document: 1. What factors guided the Local Board's or administrative entity's decision to submit this application to be an Adult and Dislocated Worker Career Services Provider within the Local Area? The Santa Ana Workforce Development Board and the Mayor and city Councilmembers takes the strong position that its one stop office, the Santa Ana WORK Center is the best alternative to provide high quality Adult and Dislocated Worker services to its local residents and surrounding cities within Lhe Orange County region. Before one -slop operations were written into the regulations under the Workforce Investment Act, City Council, its workforce board, and leadership at the local level from the Employment Development Department, Department of Rehabilitation, Santa Ana College, Social Services Agency, and the city's Economic Development Department strategized and developed the Santa Ana WORK Center. Thru co -location and staff working together to provide workforce and education services to the unemployed, underemployed, or new to the workforce services have been better coordinated with the collective customers better served. The WORK Center has been collaborating since 1996 and has passed or exceeded WIA performance goals while also passing financial and program review by EDO and OIG in addition to regular single audits by a third party audit firm. The WORK Center has created an organizational model that maximizes the resources of many partners — employers, education, government and non-profit organizations —in workforce planning and services to the community. The staff and administration of the WORK Center is very agile in meeting the needs of the community whether it is the clients UhliLing Lhe office Lo businesses needing assistance with recruiLing or downsiLing. From quickly adjusting its delivery of service due to the COVID 19 pandemic, to developing an incumbent worker training program for a local medical device manufacturer, or coordinating and planning a regional youth job fair, to developing and hosting an bi-annual manufacturing day to help local manufacturers replenish its retiring workforce and promote the livable wages the manufacturing sector has to offer. The WORK Center and all the City Council . "6` - "' 13 — 6 7/6/2021 EXHIBIT 1 partners' organizations that comprise the center continue to work hard to be innovative and attentive to the needs of the community. 2. How would participants be better served by the Local Board or administrative entity acting in this role rather than through the awarding of contracts? The Santa Ana WORK Center has a long track record of delivering strong performance results for its Adult and Dislocated Worker clients. But beyond landing participants good jobs, staff provides a depth of services and benefits that are often difficult to express in a numbers -driven system. The WORK Center and its partners offer an experienced and stable workforce that has years of knowledge in the workforce industry. Long term ties, knowledge and insight to the residents and business community it serves. The City has oversight and coordination of the WORK Center and is administered under the City's Economic Development Department. Staffs is cross trained on various local, state and federal tax incentives and are well versed on what is happening with businesses moving in, expanding or notified of plant closures or mass layoffs. The WORK Center is very much seen as an asset to the City's business retention and attraction efforts and is valued for ensuring the city has a trained and skilled workforce. Staff has developed strong working relationships with area business associations such as the Santa Ana Chamber of Commerce, the OC Business Corporation, Orange County Employer Management Association (OCEMA),the manufacturing trade group California Manufacture Technology Consulting (CMTC), the local Small Rusiness Association (SRA) and the Small Business Development Corporation (SBDC). In addition to the staff networking connections with employers and their knowledge of the local labor market and economy is invaluable to the participants. With an outside contractor, there would be no Board administrative control over factors such as technical expertise and experience levels of staff, staff turnover, and administrative stability. An outside contractor will be focused almost exclusively on quantitative outcomes to meet contract obligations and to receive full payment. In addition, the WORK Center has developed a successful pre -employment component, such as career assessment and counseling that has been built into program design for the benefit of the participant. The intent is to match participant skill sets, aptitudes and interests to appropriate opportunities to maximize longer term results for the client and over all organizational performance. The WORK Center also has a long established record in working together with the Adult Education and ROP centers to augment clients training and basic skills training that would be difficult to duplicate for an outside vendor. City Council . "6" "' 13 — 7 716/2021 EXHIBIT 1 And finally, the WORK Center is committed to serve its local employer customers at the highest level possible has benefited both job seeker and employers. Staff is committed to 1001/6 employer satisfaction and responds to all local employer job openings and screen and Supply strong job candidates to the prospective employer either through internal sources or through partner referrals. Local employers know that they will get fast, responsive results from the WORK Center staff. The Santa Ana Workforce Development Board have discussed possible procurement of Career Services and felt they would have little control over the level or responsiveness or commitment to employer services, concerned with actual delivery of client services as well as having them struggle with maintaining the reputation for delivering on its promises which in the long run could jeopardize the benefits to both participants and employers. 3. Describe the Basic and Individualized Career Services the Local Board or administrative entity will provide as well as their past experience providing these services. The following basic career services are provided at the WORK Center: Orientation Initial assessment Job search and placement assistance Job fair information Assistance with resumes Info on training providers Resume workshops Job search workshops Referrals to partner agencies Use of resource room Provision of I MI data UI and SSI general information Financial Aide Info Support Services Info On site employer recruitments Individualized career services provided at case management level include: Individual counseling Skills assessment WEX/Transitional jobs Referral to job corps On-the-job training Career guidance/planning Referrals to apprenticeships Interest and aptitude testing Referrals to training programs Development of IEP Referrals to WIOA Title IB training ABE/ESL classes Customized training Referrals to Adult Ed. The WORK CenLer has successfully provided all Lhe services IisLed above and meL or exceeded state performance goals since 1987 to present under federal workforce grants JTPA, WIA, and now known as WIOA. City Council ' "6` - "' 13 — 8 7/6/2021 EXHIBIT 1 4. Provide the Local Area's performance outcomes for each of the last two Program Years (PY 16-19 and 19-20) and evidence that the Local Board or administrative entity is qualified to provide Adult and Dislocated Worker Career Services, including testimonials that speak to the effectiveness and efficiency with which the Local Board or administrative entity has provided or can provide those services. The WORK Center and Lhe parLners Lhal comprise Lhe one -slop operations have been very successful in the past in providing career services to job seekers in the community. WORK Center staff is very knowledgeable of the WIOA program requirements and have a proven history of meeting or exceeding performance goals. The table below illustrates the pnstthree years of the Santa Ana WORK Center performance history under the Workforce Investment Act: WIOA Goal vs Actual Performance Outcomes Santa Ana WORK Canter Adult and Dislocated Worker Career Services Programs Goals Actual Goals Actual WIOA 2018- 2018- 2019- 2019- 19 19 20 20 Adult Employment Rate 211`' Qtr. After Exit 64.0% 61.5% 66.0% 69.0% Employment Rate 4t1, Qtr. After Exit 60.5% 69.3% 62.5% 64.3% Median Earnings 2na Qtr. After Exit $5 200 $6 834 $5 600 $6 094 Credential Attainment within 41h Qtr. 53.0% 58.1% 54.0% 87.8% After Exit Dislocated Worker Employment Rate 2ntl Qtr. After Exit 68.0% 71.9% 69.5% 69.6% Employment Rate 4th Qtr. After Exit 63.5% 72.0% 65.0% 70.7% Median Earnings 2"1' Qtr. After Exit $7,450 $9,331 $7,600 $10,215 Credential Attainment within 41h Qtr. 57.0% 61.1% 58.0% 83.6% After Exit 5. Attach documentation (signed and dated letter) that the members of the Local Board and other relevant parties (e.g., Board of Supervisors) reviewed the information provided in the application and approved the request in a public meeting. Attached are copies of the agendas for the Santa Ana Workforce Development Board and Santa Ana City Council where action was taken to approve continuation as the Career Service Provider for Adult and Dislocated Worker WIOA funds and directed staff to submit the PY 2021-25 Application as such to the California Workforce Development Board. 6. Attach documentation of internal controls, conflict of interest, and firewall policies. City Council . -,- - "' 13 — 9 7/6/2021 EXHIBIT 1 Signature Page By signing below, the local CEO and Local Board chair request approval from the Governor to be an Adult and Dislocated Worker Career Services Provider. Each party certifies that this application submission was reviewed and demonstrates that the Local Board or administrative entity will meet all the requirements as an Adult and Dislocated Worker Career Services Provider under WIOA law and regulations. Instructions The Local Board chair and local CEO muse sign and dale this form. Include she original signatures with the request. Local Workforce Development Board Local Chief Elected Official Chair Signature Stacey Sanchez Name Chair — Santa Ana WDB Title Signature Vicente Sarmiento Mayor — City of Santa Ana Title Date Date City Council ' "6` , "' 13 — 10 7/6/2021 Community Development Agency www.santa-ana.org/cd Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Agreement with Habitat for Humanity for Residential Rehabilitation Program AGENDA TITLE: Approve an Agreement with Habitat for Humanity to Administer a Residential Rehabilitation Program in an Amount not to Exceed $545,532 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Habitat for Humanity to administer the City's Residential Rehabilitation Program from July 6, 2021 through June 30, 2022, in the amount not to exceed $545,532 in Community Development Block Grant funds, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Since the beginning of the COVID-19 global pandemic that began in March 2020, the City's Residential Rehabilitation Program has been on hold because assigned staff were reassigned to provide emergency rental assistance. Specifically, the City's Residential Construction Specialist who administers the Residential Rehabilitation Program has been administering the City's emergency rental assistance program since the beginning of the pandemic. Other City staff have not been available to continue administering the Residential Rehabilitation Program because they have also been engaging in emergency response to the pandemic. Staff could not have anticipated how long the COVID-19 pandemic would continue and the priority has been to administer several millions of dollars in emergency rental assistance as efficiently and effectively as possible to keep families in their rental units, as opposed to rehabilitating single-family homes and mobile homes for existing homeowners. In general, staff triaged existing personnel in response to the COVID-19 pandemic and as a result, the Residential Rehabilitation Program has been on hold for over a year now. Staff anticipates that the City's Residential Construction Specialist will continue to administer the City's emergency rental assistance program until at least June 30, 2022 based on additional funds that the City has received frorn the Department of Treasury. Therefore, in order to resume the City's Residential Rehabilitation Program City Council 14 — 1 7/6/2021 Agreement with Habitat for Humanity for Residential Rehabilitation Program July 6, 2021 Page 2 services for Fiscal Year 2021, staff is recommending approval of an agreement with Habitat for Humanity of Orange County (Habitat for Humanity) to administer the Residential Rehabilitation Program from July 6, 2021 through June 30, 2022 (Exhibit 1). Habitat for Humanity is the only known nonprofit organization currently administering a nearly identical program in other cities in Orange County; their team is currently administering similar residential rehabilitation programs in the Cities of Anaheim and Garden Grove. Habitat for Humanity has extensive experience implementing federally funded residential rehabilitation programs. Their experience is essential to ensure the city complies with the Department of Housing and Urban Development's (HUD) program requirements for the Community Development Block Grant Program (CDBG) funds used for the program. The purpose of the Residential Rehabilitation Program to be administered by Habitat for Humanity is to rehabilitate, repair, and improve housing in the City. The Program will provide grants of up to $25,000 for eligible home repairs for low- and moderate -income homeowners whose income fall at or below 80% of the Area Median Income (AMI) as defined by HUD. Eligible activities include addressing any municipal code violations, the repair, replacement, and/or installation of major systems including plumbing, heating, electrical, windows, roof, paint, and handicap accessibility. On May 4, 2021, the City Council approved the Fiscal Year 2021- 2022 Annual Action Plan that included an allocation of 5480,000 in CDBG funds for the Residential Rehabilitation Program. On July 6, 2021, City Council staff recommended City Council to approve an appropriation adjustment to recognise an additional $65,532 for the Residential Rehabilitation Program. Combined, City Council will have already allocated $545,532 for the Residential Rehabilitation Program. Approval of this agreement will allow the Cily to resume the Residential RehabililaLion Program, while assigned staff continue to respond to the impacts of the COVID-19 pandemic on renters throughout the City. FISCAL IMPACT Upon City Council's approval of the appropriation adjustment (separate staff report), funds will be available in the grant account below for expenditure in FY 21-22: Fiscal Accounting Accounting Unit, Year Unit Account Fund Description Account Amount Description Community CDBG Housing, FY 21-22 13518782- Development Block Payment to $545,532 69135 Grant Subagent EXHIBIT(S) 1. CDBG Subrecipient Agreement with Habitat for Humanity City Council 14 — 2 7/6/2021 Agreement with Habitat for Humanity for Residential Rehabilitation Program July 6, 2021 Page 3 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 14 — 3 7/6/2021 EXHIBIT 1 AGRFVMF.NT RVTWF.F.N THF, ( IT V OF SANTA ANA AND HABFIAT FUR HUMANITY FOR USE OF COMMUNITY DEVELOPMLN'I' BLOCK GILANT FUNDS This Agreement is hereby made and entered into this Gth day of.luly, 2020, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constinttion and latvs of tfu Starc of California ("CTTY"), end TTabirnr for TTtlnanity, a California nonprofr corporation ("SURRFCTT'TFNT"). R 1'.0 [T A LS A. I-hc CII Y, man entitlement lvcipicnt and grantee of the firrlted C Rmr(�s Dcparomcnt of I lousing and Urban Development (--HUD-) Community Development Block Grant f"CDHCi") Entitlement Progam, Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number (FAIN) R-21-MC-06-0509, desires to enter into this Agreement with dle SUI3RRCIPIFNT for the expenditure of C'MiG I'unds in accordance with Tide 24, Part 570 of Codc of Federal Regulations 24 CFR 570.000, el seq. ("CDBG BE(jS"). B. CITY has applied for and received CDBG limds lion HUD Pul-suant to Title I of the Housing and Community Development Act of 1974, Public Lnw 93-383, a amended ("ACT"). C. The SUBRECIPIENT is a ptivatc nonprofit corporation that has been selected by the CITY to receive CDBG finds and administer such financial assistance; and to provide the services described in Exhibit A, in accordancee with the Schedule of Per7onnance included therein, hereinafter referred to aS "said program". SLJIIRECIPILNT tepresccns that it is qualified and willing to operate said prouarn utd certifies that the activities carried otlwith funds provided tide- this Agrce nem. will rmepone ut more of the CDBG progrann's National Objectives (24 CM Part 570.208). D. SITBRECTPTENT agrees that it will adhere to the performance nea;urenents and outcxmeS as indicated on Exhibit A (Sche(lule of Perforcnanec). Failure to follow the measuremenls and nnect the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant finds awarded to SUBRtCIPIEN I' pursuant to this Agrecnncnt. WHEREFORE, it is agacd by and bcawce7n the parties Ilett the foregoing Recitals arc a substamivc part of this Agreement and the following terms and conditions are approved and together wath all exhibits and attachments hereto, Shall constitute the entire Agreement between the CITY and SUBRECIPII-:NT. 1. SLIBRECIPIENT'SOBLIGATIONS A. Nonprofit Status - Represcmations and Warranties. (a) Authority. STJRRFCTPITNT is a duly organized and existing nimprotiu corporation in good standing and aulhorized to do business under the laws of lire State of California. SUML'CIPILNT has full right, power and lawtul authority to accept the funding hereunder and to undendke all obligations aS provided herein and the execution_ performance and dclivev of this Agranncnt by SUBRECIPIENT has bccn hilly atlthori7cd by all requisirc action, iro the parr of SiJBRT CIPIFNT. (b) Experience. SUBRECIPIENT is it qualified provider of the services to be provided hereunder_ City Council 1 14 — 4 7/6/2021 EXHIBIT 1 (c) Familiarity With Services Required- By executing this Agreement, SUBRECIPIENT warrant; that (i) it ha; thoroughly investigated and coo;idered the service., m be performed and provided lacr-currdcr, (it) it has carefidly cnruidcrcd how the slruuld be perRmrral, surd (m) it fully understands the facrilities. difficulties and restrictions attending perfommnec of the services under this Agreement fill Nu Conflict. I the hest of SURRl.0Pll.N I'S knowltAgc, SUBRI(CIPII(N I`S execUriou, delivery and performance orils obligations under- Lhis Agrccmenl will notconstilulc a dJejtrll or a breach under any contract, agrecincin or order to which SUBRECIPIENT is a party or by which it is bound. (e) Nil Rankruptey. STIRRFC'TPTFNT is not the suhicct nl'any cun-cnt or thrcatcncd hankruptcy procccding. (f) No Pending Legal Proceedings- SURR17CIPIENT is not the suhjcct of a currau or throatcnui litigation that would or may mutcrially aficct SUIiRItCIPIIfNI'S paformancc under this Agreement. (g) Application Veracity. All proviiion9 of and infoitmitioo provided in SURRFCIPIENT'S application for runding submilled to ('IT)', including any exhibits, an: true mitt correct in all material respects. (h) No Pending Livestigation. STJRRFCTPTF.NT has in, ki imdcdgc that it is the suhjcct of any c urcnt or 111rralcned crinunal or civil .action invcshgalion by any public agency, ink-ludinn without limitation if police aUency or prosecuting, authority, that would relate to Of drleCt perlUnnance 01 the Agreement or provision ol'services hereunder. R. Amounl of Granl/Terin and Ouarter-ly T)ishurscrnent. Tho amount granted to SUBRECIPIENT is y545,532 ("CDB6 FUNDS"), for it mte-year tent floor July 6, 2021 thtuugh Juuc 30, 2022 for the program named: Residential Rehabilitation Program (RRP). Such rinds shall be expended by SUBRECIPIENT on or before June 30, 2021 The Tenn of dni Agreement may be c:xlcndcd by a writing executed by tilt Cily Manager, or his or tier designee, aild life City Auorncy. The CORE FUNDS shall be disbursed by CII Y to SURRFCIPIFN'I on a quml,;lly basis suhjcct to and upon receipt and approval of it complele qudilet9y activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting infixmation due on or before July 15 of the applicable funding year, a hereinafter more I'ully set I'orth- SUBRECIPIENT shall be obligated u, perform sueh (little' as would normally extend beyond Ills tertn, including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting- Failure to provide any of the required documentation and reporting will cattle CITY to withhold all or a portion of a request for reinilnu•saucnt, or return the entire reimbursemult package to SURRFCTPIRNT, until such documentation and reporting has hCCrl rcccivcd -ntd approved by CITY. The CITY reserves the right to reduce the amount of C'DBG FUNDS to SUBRFCTPTFNT, or to completely terminate this Agreement, in the CITY's sole diseretion, if'there is a reduction in CDBG FUNDS provided to the CITY tell program yuir 2021-2072. The CITY rescues the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRFCIPIFNT's rate of expendintre will result in unspent funds at the end of the program years - Amendment in the grant allocation will he made afterconscdtation with STIRRFCIPTFNT. City Council 2 14 — 5 7/6/2021 EXHIBIT 1 C. Use of Funds- SUBRECIPIENT agrccs to use all tcdcral buds provided by CITY to STIRRFC'TPTFNT pursuant to this Agreemenr to opeiate said program, aS set forth in 'Txhihit A," attached herein xnit by this reference incorporated licrem SLTRRFCTPTFNT'S Gtilure to perfol-Ill :ia regnired may, ill addition to other remedies set forth in this Ataecmcnt, result iu rcadjustincnt of the amount of funds Cfl'Y is otherwise obligated to pay to SUBRECIPIENT hereunder. D. Allowable Costs. SUHRFCTPTFNT agrcks to complere aaid pio-4i. m on of More June 30, 2022, :uul to use said funds to pay for necessary and reasonable costs allowable under the tcdcral law and regulations to operate said progam. Said amounts shall include, but licit be linuted to, wages, administram c cost;, and employee benefits comparable to other Similarly situated employees, and indirect costs. Other allowahle program costs are detailed in the budget, as scl Birth in 'Exhibit R," attached hereto and by this iCtcrenee incorporated hCrein. SUIiRK'lPll,N I Shall use all incclnro ruciVed floor said tilndS only for the same purpuses for which said lands may be expended pursuant to the Leona turd conditions cil- this Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written apprirval of the CITY', Executive Director of the Community Development Agency, or designee, so long as the total budgcl amount rocs not incrca C. Pursuant to 2 CFR §200-3,31(a)(4), the Indirect Cost Rate for the SUBRECI1'ILM -s award shall be an approved federally recognized indirect cost rare negotiated between the SUBRECIPIENT and the Federal governnient, or, if no sneb rate exists, ncc de nrininris indirect ccj3r rate as defined in 2 CFR §200.414(b) Tndircct (F&A) coal.. for this agreement, the cte nuninus indirect cost rate of 109i, will apply. E. Licensing. SUBRECIPIENT aches to obtain and maintun all required licenses, rc-isu-ations, acvrtxlilatiun and inspvclions from all govonring its operaliuns. SUHRFCIPIF:N-I Shall ensure that its stall shall also obtain and maintain all recµured hcetseS, regiStrauons, accreditation and inspections from all ngencle5 govel'lilllg SUBRLCIPIENT'S operano115 heletnlden Such llcenSllrg requirements include obtaining a City business license, as applicable- F. Loning. SUHRFCIPIFN I- agnus that any facility/property used in tlrrTherflnCC of said program shall be specifically zoned and permitted for Such use(,) and activity(ies). Should SUBRECIPIENT tail it, have the required land entitlement and/or permits, thus violating any local, state or tcdcral odes and regulations relating thereto, SURRECTPITNT shall immediately make good -faith cffortS to �ain compliance with local, stab.• or federal rules and regulations following wrillcn notification of said violation(,) ti nn the 01 Y or other authorized citing agency. SU13R-ECIPIEN l shall notify CITY mnnccitatcly of any pending violations. Failure to notify CITY Y Of Pending violations, or to reniedv SLICK known violadon(S) shall result in termination of grant fielding, hereunder. SUBRECIPIENT trust make all corrections required to brine the facility/property into corpliance with nc(: law within Sixty (60) flays of rrotificarion of du violarion(5); failure ter gain compliance within such lime shall rexdt in Icmniliation of }Rant funding ITCiCnndcr. G. Senaration of Accounts. All fiords received by SUfiRI?CIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a Icdcrally insured banking or Savings and loan institution with record keeping of such accounts mainlamcd pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENI is not required to maintain separate depository accounts tor CDBG FUNDS, provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicahlc 2 CFR 200-302 rcquircmcnts. H. Audit Rcporl Raluircmcrrts. SUBFECIPIEN'1 agrccs that if SUBRECLNENf cl 1cnds Seven Hundred Fitfy'hhousand Dollars (S750,000) or more in tederal funds, SUBRECIPIEN f shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and City Council - 14 — 6 7/6/2021 EXHIBIT 1 published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY With a copy of said audit by April I of the year ftdlowing the program year in which this Agreement is cxealLcct. I. Record Kee iin LLReporting. SUBRECIPII:NT shall keep and maintain complete and adequate records and reports on program participants to determine their initial and continuing eligibility for the prop --ram ,ervi"i being providcxl ro a„i,r CITY in mecrinf, and niainraining il, record keeping respaisibiliticS under the CT)RG RFGS. including the following: (I) Records a. Documentation evidencing program income requirements in contortruiv with 24 CFR 57(IS01(1)((2)(i), (it) and 21 CFR 570503(1))(3) and 21 C;FR 570 10S(a)(2)(B) of the incomelevel nfpaSnnS and/or fdrnilics participating in ur benefitine bV The SUIiRI-:CIPII(Nf program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUHRI`.CIPIIA I program. c. Household information shall include mumbcr of persons, identification of head of household, race/ethnicity, and inconie verification of all household members ages 19 and over. d. Documcntalion of all CDB(j FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring [hc e%pcnSe, invoices for foods or services, COpics of ally and all Contr{ACTS or documentation pei-taining io costs for Subconurlclor., pluS Al other illWicca and proof of payment for which CDBG FUNDS were expended, and any payments dierelor. f. Any Such Other related records as CITY shall reasunahly require Or ah required to he maintained pursuant to dic CDriG RLGS. (2) Renorts a. Payment Request. Conwn-ently with the Subniittal of each quarterly report, on or before Llle 15th clay of October, January. April and July, SUBRECIPIENT shalt Submit both: an tnigival invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, batilc sLaternents, credit card statements, prncurernem d0CrlmenLaLl0o for QOOds Or see -ice;, titnesheeu, payroll rccordl , K-notil slaiemlea(s, agreeincnls, eoluracta of docullicillaliotl pcilalrlilig to c'o915 for subcontractors. and/or other docLnnenttinoll Supporting, and evudemermg ho" the CDBG FUNDS have been expended during the applicable quarter. h. Quarterly ProhresS Report. SLIRRP70PTFNT agrees to keep rcands of all ethnic and racial Statistics of persons and families benefited by SUBRECIPIENT in Lhe performance of its obligations tinder this Agreement, including but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income lirnirs, the number of female heads OI' households assisted, new proprarn infilrrn:itirm and year -lit -dale prograin Suuislics on expenditures, caseload and dClivilicS. I ailtn-c to provide any of Lhc rcquircd dOCLlillentali011 and reporting will caLlSe CH Y to withhold all or a portion of a request Rn- reimbursement, or return the entire reimbursement package to SUBRECIPILNT, until such ducuntenrntion :red reporting ha; been received and approved by CTTY. City Council 4 14 — 7 716/2021 EXHIBIT 1 .1. Access to Records. CITY and the United States Government and their representatives or auditor; Shall have access for purposes of monitoring, audiling, and examining STT4RFC'TPTFNT's acLivitics :ind per-Inranance, to hook,, (toCILUMIL, and papers, arnl Llrc right to exourtirre records or SLIMLCIYILN Fs subcontractors, booldwcpers and accountants, employees and participants in rcgard to said program. CITY and the United States Government and their representatives or auditor, shall also schedule on -site monitoring at their discretion- Monitoring activities may also include, but arc not limited to, qucsriooing cnlplioyccs ondparricipanrs in said pro -tam and cnrcring anypicinke5 or any site ill which any of the Scrvlecs or activilics funded hu-cunclu- is conducted or in which any of uhc records or SUBILECIPIENI' are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in tedemI or state Iaw- K. Location of Rccords/Rcquhrd Lcnelh of Rccord Kccpin6. All accourning records, rcporu, and evidence pertaining to all costs, expenses and the CDRG FUNDS of SUHRI-CIPIFN I' and all doctunenis related to this Agreement shall he maintained and kept available at SUBRCC.IPIENT'S office or place trf business tier the duration of the Agreement and thereafter for five (5) year:, front the date of final payment under this Ap-cemenl.. Records which rdan; to (a) complaints, claims, adminisnxtivc procecclings or litigation arising out of the performance of this Agrccmcnl, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the live (5) years until complete resolution a disposition 0I'such appeals, litigation claims, or execptions. Tn the event SiTT3RFCJPTFNT does not make the above-icferenced documents available within the city of Santa Ana, California, SURRF.CIPIF:N Iagrees to pay all necessary and reasonable expenses inclined by CITY in conducting any audit at the location whnc said records and books Of account aua maintained. L. Comnli:unc with Lsw/Proaram Income. SUBRLCIPIENT aclulowlcdges Thal the funds being provided by C1I Y for said program are received by C'ff Y pursuant to the ACT as amended and that expendiuues of these finds shall be in accordance with the ACT and all perunenL regUlatinnS issued by agencies of the federal government, including, but not limited to, all regulations round at Title '24 of the Mode of Federal Regulations. Prxogr:arn inurrue Inceiced by SUT3RFCTT.NT shall he reulrncd Lo ('TT)' little,, othcrwisc pfovidcd for in Iles Agrcx:mem. SUBR-PAPIENT agrees it) comply fully with all federal, Stale and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Debarment. To protect the public interesL and e19Lu'e Lhe integrity of I-ederal progranrR, CITY rrtay only conduct business Willi retiponsible persons and may not make any award or pp -mil any award to any party which is deb.nrcd or Suspend d or is othcrwisc exchrded front or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debinnent and Suspension". See also 24 C'FR 570.609. STTBREC'TPTENT must review and sign Exhibit C.' `Debarment", which is attached hereto and incorporated herein by this reference. SURRI-:01"IF'N I Shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Hoard and huernal Revenue Service - Arty change in the corporate RlatuR or suspension of SIIT3RF.CIPIFNT Shall be reporled inunctimicly to CITY. N. Confidentiality. Without prejudice to any other provisions of this Agreement, STIRRFC'TPTFNT shall. whore applicable, maintain the confidential na[11ro of inhumation provided to it cimrcnling pathcip2nts in neoordancc with the roquircrncnus of flxlcml and sine law. Howcvcr, SUBILEC LNENT shall submit to C11'Y and or HLID or its rcparcscntativcs, all records rcquc�tcd, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and ;crviccs rendered hereunder. 0l Tudepend(All Corrnsclor. Ill TRRFCTT'TFNT a]treeS thatthe pcn-fnnnarrer. of Oh IIItalinros hereunder is rendered in its capacity as an lncicpclldcnt contractor and that It is ill no tray an agency of CITY. City Council 5 14 — 8 7/6/2021 EXHIBIT 1 P. Violation of Terms and Conditions. S113RT CTPTF.NT al,nees that if SURREC'TPMNT vioLucs ally of dre ic7ns and corrdilious or this Ap-ecrmcrt or ;Illy prior Agreement whcrhy CDRCi ktodL were received by SUBRECIPILNT, or if SUBRECIPILNT rcporn hiacarratcly, or if on audit there is a disallowance of certain expenditures, SUl3RECIPIENT agrees to remeciv the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof . It' SIIRRCCIPIENT engaged in fraudulent activity to 0Nrain and/or jn rify expendinlre of the CDRG fined; granred lhcrcundcr, SURRFCI ITFNT :hall be required to rcimbunc the CTTY of all such 4nuls th;u we-c obminctl andw spcv UndCr frandUlmit clrctrmstaticcs. Q. Tnuinmelu. SURRECIPIGNT agrees to maintain a record IN each itern or non-c.xpethdable personal property acquired under the (Cans of this Agizxmcnr. Said recirrd Shall No rhrade available to Cl I Y upon request. The team "nun -expendable personal property" shall include leased and purchased equipment. R. Ptohihited Us . SIJRRFCIPIFNT hereby certifies and agree., that it will not u5c funds provided through this Agreement to pay roe entertainment, meals ro- 611N, or- other pr-ohihited uses- S. Lobbyin . SUBRECIP ENI' certifies that it will comply with federal law (31 U.S.C. 1352) and regulations lound al 24 CFR Part 87, which provide that no appropriated Binds may be expended by the recipient of a federal eontr'aet, gram, loan of cooperative agreement To pay ,try person fill. influencing or at4;mpting to influence an officer Or employee of any agency, Mernbu- or Con Fncas, or an officer Or cmptoycc of a Mcmbcr of C'orngress in connection with awarding of any fcderat comract, du• making of any fedend grant of loan, entering into any cooperative agreement and the extension, renewal, amendment of modification of any tedeml contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in n form as sci flour in "Exhibit D," au,iched hereto and by this reference incorporated he -On. SUBRFCl PlI-_N I shall submil aid signctl astircatiUn Lo C'I I Y prior Iq perrunming any of Its obligations under this Agreement and prior to any obligation arising on the part of CI I Y to pay any sums to SLIBRLCIPIL'NT tinder the terms and conditions of this Agreement. If any funds oilier Than Fcd(:al )ppropialod Rinds have been paid irr will be paid to any person for intlocncing or attempting to influuhec an office- or employee of any agency a Mcmbcr of Congress, an otticer or employee of Congress, or an employee of a Member of Congress in connection with This Foderal contract, grant- loan, or cooperative agrecnhent, the undersigned shall conhplete and iubmit a "Disciosttrc Foon to Report Lobbying," in accordance with its instructions (F.xhilia D). SUBRECIPIENI' shall raµlire that the language of this certification be htchrcled in the award documents for all sub -awards at all tiers (including subcontractors, soh -grants, and contracts tinder grants, loans, and coolicrative a2rcements), and agrees to take all actions necomary to onsurc that all 9Ilblv6pici-lr$ shall ;irlIilaily ce'tify and disclou: accordingly. I. financial Intcrest. SUBREC'IPIENT agCCS that cxccpt firr the use of C'.DBG firnds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to C'DRG activities assisted under 111e terms of this At reement, or who fire in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a tnancial interest or benefit tram it CDBG-assisted activity of SLBREC:IPIEN 1. tither for theansClvcs or those with whom they have family or business tics, during their tenure or for one year thereafter, Thk prohibition applies to any person who is an employee, agent, consnlrant, officer, or elected or appointer) ollicial orC'TTY, orofany designatcdpuhlic agency, or the STIRRF.('TPTFNT. U. Labor Standards. The SUBRECIPIEN f agrees to comply with the requirenlentS of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work City Council 6 14 — 9 7/6/2021 EXHIBIT 1 I lours and Safety Standards Act (10 U-S.C. 327 or sal.) and all other applicable Fedcral, state and local law; and regulations pertaining to lshor standards insofar as those sets apply to the pertormanee of this Aha-cernenl_ The STIRRFCTPTFNT aTn-ecs to comply with true Copdaud Anti -Kick Rrek Act (1 R US_C. 874 et sal.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. 1'hc SLJBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon r eqn cs r. SLIBRECIPIEN1' agTccs that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of R2,000-00 f0i construction, renovation or repair work I'manced in whole or in part with assistance provided under Thi con[rvcr, ,hall comply with I cdcral requircmcn s adopred by the CITY pertaining to such contracts and with the applicable requirements of the IeLulations orthe I)ep.u-unen[ urI abor, under 29 CFR Parts 1, 3, 5 and 7 goveming the payment of wages and ratio of apprcutices and trainees to Journey workcr5: provided that, if wage rates higher than those required undo the regulatieni are imposed by state or local law, nothing hereunder is intended to relieve the STIRRFCTPTFNT of its obligation, if' any, to require payment of the higher wage. The SUBRECll'1ENT shall cause or require to be inscricd in full, in all such contracts Subject to such regulations, provisions meeting the requirements of this paragraph. V. ",cclion 3 of the Hotimm, and Urban Development Act of 1968. �URRFCTrTF.NT will make every efrol-t to provide training opporlunitics for low -and moderate -income persons residing within dlc colnutunity where the construction project is located and contacts awarded to local bt[SilleSSe5 therein to the gremesr extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 19W the regulations scl lor(li in 24 CFR 135, and all applicable rules and orders issued hcreundcr prior to the cxcculion or this Agrconlcril.. C ompliancw with I.hc rorogoing rcquircmcnW shall be a condition or the federal financial assislance provided wider this Agreement and binding on the SUBRECIPIEN 1 . Failure to ridfill these requirements shall subject the SUBRLCIPILNT, its successors and desiunees, to those sanctions specified by the Agreement through which federal assistance is provided. The SITBRECTPTENT eettifics and agrees lllal no couuacrtral or other disability exists which would Prevent compliance Willi lhcsc requirements. SURRFCIPII-NI Shall make every effort to ensure that all projects funded wholly or in part by CDBG timds shall provide equal employment opportunities for minorities and women_ 04'_ Drub, Free Workplace. STIRRFCTPTFNT agrees to provide a dru free work place and to excallc a cenifrcalion aS SO forth ill "E-dtnbii E" attached hereto and incorporated hclicill by (his refercncc. X. Uniform Administative Requirements, Cost Principles. and Audit Requirements for Federal Awards. The following requirements and standards must be complied with: 2 CFR Part 200 or al. STIRRFCTPTFNT ,hall procure all marcrial , properry, or xrvicc5 in accordance with ills raplircmcnti of 2 CFR 200 318-326. Y- Subpart K of 24 CFR 570- Sc fBRIVIMI Nl will carry our its activities in compliance with the requirements of Subpart K of 24 CFR 570- However, STIRRFCTPTFNT docN not aNNllme the CTTV's environmental responsibilities or the responsibility for nuliating the criviromnenial review process under 24 CFR fart 52. Z. Women- and Minority -Owned Businesses (W/MRF). S11RRT'C[PILNT will use itq best efforts to allord small KNineses, minority business enterprises, and women', husineii enterprises the maximum practrcablc opportunity to participate in the perlotlnanec of this Agrccment ill accordaracc Null the requirements of CFR 200-321 `Contracting with small and minority businesses, women's btrSlrleSS enterprises_ and labor surplus area firms". As used in this Agreement, the Term "small business" means a City Council 7 14 — 10 7/6/2021 EXHIBIT 1 business that meets the Criteria sct berth in section 3(a) of the SntalI Business Act, as amended (15 ll_S.C. 032), and `minority and women'; business enterprise" mean: a business at least fifty-one percent (5 PA) nwrrcit ouid controlled by Tninonly grnup mernba-s or worrlul. Fur [lie purpose of Lhis definition, 11minority group members" are Ah7can-Anlcricans, Spanish-speaking. Spanish surrnamCd oI Spanish - heritage American;, Asian -Americans, and American huliairs. SUI3RFCIPIFNI- may rely on written reprosentations by bu,inessc, regarding their stanu as minority and fanale business enterprises in lieu of an ndopendcnt invesligalfon. 11. CITY'S OBLIGATIONS A. Pat>tnent of funds. On February 25, 2021, the CITY was allocated S5,558,720 for fiscal year 2(121-20')2 from the. United States Department of Ilousing and Urhan Development (`I ILJD") Community Development Block Grant (" (,DB(',") Cntitleniont Program_ Subject to the terms of this AgroCnent, and CtnVinycnt on CfIY rcccivi n;; at leas[ the same amount of CDI36 truly from HCiD tier the 2021-20"_ program year, CII Y agrees to pay to SURRFCIPIF.N"I' when, if and w the extent federal 4nu13 are received it sum not to exceed Five HundraI Forty Five Thousand, Five Hundred Thin} Two Dollars ($545 532) Yor SUBRIiCIPIIiNT'S pertonnance in accordance with the Budget attached hereto as "17xhibit B" during the Lwu-year period of this Agreement. Paymcnrs shall he made Lo SLTRRFC'lT'TF.NT LLn-nugh Lhc Submission of invoices/icirnburscnrenl request;. CITY shall pay such invoices/ieintburwnlent requests within thirty (30) day; atiei receipt thereof provided CITY is saristi d that Such expenses have hecn incurred and klocunienred within the secgic and provisions Of this Agreement and that SURRFCIPII-N'Iis in compliance with the fenny and conditions or this Agecincnl. Failure to provide any of the revµ ircd dOCLI1nCuldtiOn and reporting will cause CITY to withhold all or it portion of it request for reimbursement, or return the entire reimbursement package to STTBRF.C'TPTF,NT, until such documentation and reporting has heen received and approved by CTTY. Doculuenrttion may' include, blur I$ not 11111II'M rp, rrne COpies of invoice3, receipts, eanceled Chocks, hunk statenlenls, credit Card SlaLleiuents, pi-murenient documentation for goods Or services. Linlesheets, payroll Iticor& bcnchl statements, agicciricius, contracts or documentation Coll pCrLallllllg to COAL for SUbcontraclois, and/or other doctunemation supporting and evidencing hoav the C'D13G FUNDS have been expended during the applicable quarter- B. Audit of AccoLnt. ClIY Shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit ofall CDB6 FUNDS in accordance with Title 24 of [lie Code of federal Regulations anct other applicable federal laws and regulations_ C. Common Rale: PUrsaallt to 2 CFR 200.328(a), the CITY manage; the day-to-day operations of each gram and subgrant supported activities. CYfY staff has detailed knowledge of the gant program requirements and monitors grant and subgrant supported activities ro assure compliance with Federal requirements. Such monitoring covers each program, function and activity and per1ixniance goat are Itivictvttl periodically, D. Environmental Review- In accordance with 24 CFR 58, the CITY is responsible for unllenaknig environmental review and maintaining environmental review records for each applicable p1UjCCL. F. Performance Monitorine: CI I'Y shall nionitor the pettormance of SUBRECIPIENT against goals and pCtilrniance standards required herein. The SUBRECIPIENT sliall he responsible to acuunpli3h the level, of performance as ser forth in I xhibir A and ivport such nlcasuros quarterly ro nci; (;TTY. Tf ncC STTRRF('TPTFNT CS1111MICS such gOAk will uoI lie rn•:I. the sTTRRFCTPTF.NT ix to conrac:i the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. City Council 9 14 — 11 7/6/2021 EXHIBIT 1 Substandard performance as determined by the CITY will constitute non-coniphatice with this Agreement. Should the CTTY determine that the SUBRFC'TPTFNT has not performed it; obligations a. soiled irr this enutr-acl in a satisfactory Trrarura-, or if Lhe CTTY dCLCI-1IIIIle8 LhaL insufficient supporIlliv lnforinanon has been submitted. the CII Y shall notify the SLBRGCIPILN I in U'Ilting of its determination specifying in bill detail the objections which it has to the SUBRECIPIENT's performance_ If action to correct such substandard porfixmance is not taken by the SUBRECIPIENT after being norified by the CITY, within a rea4ortably Po rod of bins as stipltlated in the WrlLten notification, cunu'3ct suspension or Icrminalion procedures will be inili;lied. A. SLJBFLCIPILNT a;rccs to comply with Lxccutivc Older 11246 which requires that during the peilorrrumce of this Agreement. SURRECIPIF,NT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not he li muted to the following! employment, upgrading demotion, or nansfer, rates of pay or other fornl5 of compensation, and selection for training, including apprcnticc�hip. SUBRFCTPTFNT agrees to posein cemspiCuous places, available to employees and applicants for employment, notices to be provided by the SUBRLC'1PILNT setting forth the provisions of this noudiscrinut>ation clause. B. Si IBRLCTPTTfNT agmes u> cirmply with Title VT of the Civil Rights Act of 1964 Whieh indictees that no person Shall. on the gi-ound of race, color or national origin, be excluded Ivorn participalion in, be dcuicd the benefits of, or be subject to disclillunaLion under any pragntmt of activity receiving federal financial assistance. C. No pCr�on shall, on tlic groundk of lace, sex, creed, color, religion, nlruital status, rt'alional origin, age, sexual orientation, or physical or mental handicap be excluded from pauticipation in, be refused the benelits of or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited front dkerininanon on the basis of ago or with respcet to an otherwise qualified handicapped person as provided lire- under SCLIJOII 109 of the TTuusing and Curnrniliny I]cvclopmcrlt Act of 1974, :ems amended. D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that during the pat6rmanec of this Agroement, SI IBRECTPIENT agrocs not Lo discriminate against any anPlnyCC or applicant fur employment because of agc. Suclr anion shall include, but not be limited w the following: enlployLnent upgrading, demotion, or n.ulsfcr, rules of pay or other fomis of compensation, and scleclion for training, including apprenticeship. SL1BItLC1PILNT agrees to post in conspicuous places, available to employees and applicants tix employment, notices to be provided by the SITBRFC'TPTF.NT setting forth the provision; ol'this arc discrimination clause. E. SUBRECIPIENT agxs to comply with Section 504 of the Rchabilit:uion ACL of 1973 which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, he excluded from the participation in, he denied the benefits of, or be subjected to discrirnirrxtion under any pro'n-arn or aetirity reecicring federal fireureial assr assistance nuraler ally prograTn or activity conducted by any execltive agency or by the Uniicd States Postal Service. TV. CONFT.TC T OF TNTFRF,ST Pnr}narll to the conflici of interest rcquircmpus sel forth in 24 CFR 570.611 and 2 CFR 200.112, SUBI'.ECIPIEN f certifies that no member, oIl3ecr, employer, agent or assipaec of CII Y having direct or indirect control of any C'DBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall servo as an officer of St 111RGCIPIGNT. Further, any conflict or poLenlial conflict of inLeresL of any officer of City Council 9 14 — 12 7/6/2021 EXHIBIT 1 SUDREC1PIENT shall be hilly disclosed in writing prior to the execution of this Agreement and Said writing ;hall he attached and deemed billy incorporated as a pact hereof Notice ;hall he ;err by STTBRP.CTPITNT to ('TTY rcg:u 1mv, any charrucc or rruxliliaatinns to its hoard of clircctnrs end list of nfficcn-s V. SPEC:IAL. CERTIFICATION FOR RELIGIOUS ENTITIES Tf SI,TRRFC'TPILNT is a religious entiry, SLTRRFCTPTF.NT hu'eby rhat in ccmnoction With the provision of the suviccs SLIRRFCTPTFNT shall provide with CTIRG funds, in accor(t:rrrcc with 24 CFR 5 70.2000 ): A. SIJRRFClPIFNT shall not discriminate against any employee or applicant for employment (in the basis of religion and shall not limit employment irr give pref l )nee in atrploynrent to persons on the basis o f rel i ci on. 13. St13RF('IPIFNT shall not discriminate against any poison applying tinthe services STIRRFCTTFNT agrees to provide under the tertns ol'this Agreement on the hasN of religion and shall not frost such scrvicca or give preference to applicants for such scrviccs on the basis of religion. C. SUBRECIPIENT shall NOT provide religious insuuaion or counseling, conduct any religious Worship or Service's, or engage in any Migiom proselytizing, or exort any roliglotl9 inflttenee in the f1h)VIs1011 of the aL:mces in said progri-am. The parties agec thatthis coven:anlis inlenelttl to and ah:all bt: construed lot - tire limited purpose of assutitg wnlplianec with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establislunent of religion as set forth it the establishment clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California Constitution, an(I is not in any manner intended to restrict other activities of SUBRECIPIENT. D- 'I he portion of a lacilay used to provide public service; assisted in whole or in part under this Aj;xeement shall contain no sectarian or religious symbols. E. When the services to be prcwidiA under said proaram axe rendered on property owned by Ilse primarily religious entity SURR FCIPIF: N I', CDRG funds may also be used for minor repairs to such properly which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms onlv an incidental portion of the CDBG expendnate for rendering die services under said program - VI. PROHIBITION OF NEPOTISM SUBRE('1PIENT ag,recs not to hire or pci n i the hiring of any pa-soo to fill a ptwtion htnded rhrough dik Agrcorncrrr if a member of Char persods irnmccliatc family is cmploycd in an ndrninismirivc eilpacity by SLIBRECIPIENT. For the purposes of this section, the teen "inuucdiate fruity" means spotse, child, mother, father, brother, sister, brother-in-law, sister-in-law, tadhcr-in-law, mother-in-law, Son-ul-law, clawduer-in-law. aunt, uncle, niece, nephew, stepparent and stepchild- The term "administrative capacity" mean; having selection, hiring, supervisor or rnanagernent responsihilitics- VI1. NOTICES Notices to the parties Shall, unless orha'wisc logllo3ted in writing, be Scnt by U.S. Mail, postage prepaid, and addresscd as lollow;- City Council 10 14 — 13 7/6/2021 EXHIBIT 1 TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Ccuu:rPlava P.U. Box 1988 Santa Ana, California 92702-1988 TO STYRRFCTPTFNT: Paula Garcia-Atwn-nuIr Vice Presidenl. of Commttniry ;rncl Hume Ruycr Serl-ices 2200 Ritchey Snect Santa Ana, CA 92705 VIU. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcimtrzc[cd or aasigncd to any agency, cimsuhaol, or person Without [he prior written consent of CITY. STIRRFCTPTFNT must Subtuit all Suhcontracts and other agr-ec[nenrs that relate to this Agreement to CITY. No subcontract or assigtmicni shall icnrihanc or a1tc7 the legal obligations of SUBREUP ENT pti suanl to this Agreement. IX, HOLD HAIMLESS SUBRECIPIENT shall indemnify, dcfetul and save hanulcss CITY, its officers, employees, agerns, represenratives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall delcrid, indennlify and Save harnlles3 CITY, its officers, employees, agellls, repreSenlauvcs and volunlecr3 from and against any and all claims, demands, soils, actions or procexlings of any kind ur nature, including, but not by way of limitation, workers compensation claims and including altomey lives and reasonable expenses for litigation of settlement, resulting from of arising out of the llegllgellt of wl'Ullgful acts. errors or omissions of STJT3RFCTPTFNT, its officers, directors, employee;, agents, subcontractors and suppliers arising out of SUBRECIPIENT's perforat ariec of this Agreement. X. INSURANCE I. COtnfnerllal Ciencral Liability. SURRFCIPTFNT agrees to obtain and keep in f1oILC during the term of this Agreclnenl a policy of comprchcnsivc cunmrcrcial public liability insurance inSUring the C11 Y, and SUBILE,CIPIEN 1 against ariy liability for accidcllt, injury or death arising out of or in consequence of this Agreement_ Such insurance shall be in in anmunt not less than One Million Dollars (51,000,000.00) for any injury to or death of any parson or persons in any single accident or occurrcncc. Said Policy of curnprchensivc liability insurance shall be endorsul to provide to CTTY at (cast thirty (30) days writicu notice prior to cancellation: name CITY, its officers. dgerus, employees, and voluntecrs, additional insured: and state that such coverage is primary to any other coverage or self- insurance and CITY. Governmental entities may provide proof of self-insurance. (a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representdtkes, employees and volunteers as additional insured's, (2) be primary with respect to insurance or self-insurance programs maintained by the CITY: (3) contain standard separation of inSurod's pr'iwi8ions; and (4) givC to CITY prompt and [imply notice of claim made or suit initinitcd arising nut of STIRRFCTPTFNT'S operations ha-cunder. (b) SUBREC71PIENT shall_ (1) prior to exercising any right under this Agreement, tarnish properly executed certificates of insurance and additional insured endorsement to the City Council 1 1 14 — 14 716/2021 EXHIBIT 1 CITY which shall clearly evidence all coverages required ahovc; (2) provide that such insurance shall not be materially changed or terminated except on 30 day; prior written notice to the C.'TTY; (3) maintain such irisuralce ('or the period coy cram by this Agra:mcut; and (4) replace sushi wriifirucs for policies expiring prior to the expiration of this Agecment 2. Automobile Liability Covoraoc. SUBRECIPIENT shall also obtain and maintain; during the cffeerivc period of dims Agreement, broad form auwnnobile liability coWl;1gc with a $1,000,0001iInit unless raluced by CITY. which applies to bah owned/lcaucd ;uul non -owned awomobiles used by SUBRECIPIENT employees or participants in performance of this A�grccmcnt, or, in the event that SUBRICIPIENT will not utilize such owned/leased automobiles but intend; to require employees, participants or other agents to utilize their own automobiles in the pa l'ormattec of this Agreement, SUBRI.CIPIFN I shall seeurc anti m&iuraim im file from all such etnployccs, participanr,4' or agents as sell -certification of automobile In]tn-anee COVeraLe. GOVelrnlentitl entities may provide proof ulsell- insurance. 3. Workers' Compcnsation. Tf STTRRFC'TPIFNT ie an "employer", as ;Cl. forth in C'alil'otria Labor Code Section 3300 cl scq., or ulilizcs participanls as "employees." as set forth in California Labor Code Section 1350 et seq., SUBRECIPIENT shall obtain and keep in fore during the term of this Agreement full Wokers' Compensation insurance coverage for injuries suflered by participants. Said insurance policy Shall gltaranree CITY at lcasr rhirry (30) days written notice of cancellation or rnudi ficanun. 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance wilh this Agreemenl. Said in3urailec shall be in the amount of the full replacxment value dlercur, providing protection against the classification or fire, extended coverage, vandalism, malicious mischief; dnell, and special extended perils. Governmental entities may sAstivae it certificate of sell- histrance. .5. Proof of hlsurailec. Ccl-tiftcatcs and cn(lorsements must be submitted and approved b Cl I prior to any woil< under this Agreement. SUBRFOPIFN I- understands that Cl I will make no payments under this Agreement wail the required certificates and endorsements have been approved by CITY. XI. REVERSION OF ASSETS A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer ro CITY any CD13G hinds on hand at the time of the expiration of this Ag.reerncnt as well as any account; receivable attributable ro ncv um: of CDBG fimdS. [24 CPR 570.503(b)(7)) B. Any real property under SUBREC IPIENI's control that was acquired or improved in whole or ill part with CDBG finds in excess of $25,000.00 must either he- 1 . Used, wheru CITY has given wliucn approval, to meet one of ilmc national objectives stated in 24 CFR 570?0H until five (5) years atter expiration ofthis Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. Tf not used in aecordanec with subparagraph 1 above, STIHRFC'TPTF.NT shall pay to C14Y an announl equal io the aulrnl lair nialket value of the property less any portion of the sahtc eu-ibutable to the expenditure otlnon-(:DB(i ftnds t6r acquisition of, or improvettent to, the property. SLiCh payment is program income to CITY. City Council I ) 14 — 15 7/6/2021 EXHIBIT 1 C- Subiect to the obligations ser fortll herein, title to equipment acquired under the terms of this Aga-cenlent "ill test upon :u:quisitiorl ill SLTRRFCTPTFNT. What said equipment which has hecrl acquired in accordanec with this Agpcarea and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows_ I . Ttans of cquiprncnr with n catrrcnt per unit fair marker valtic of Iess rhnn $5,000.00 may be romncd, sold or olhawisC disposed of wish no furiha-obligaiion to CTTY. 2- Items of equipment with a current tan marker per unit value of S 5,1100.00 or more may be retained or sold and CITY shall have the right Lo an amount calculated b-y multiplying the cwrcnl market valtic or pro"c(N from tile. sale by CI 1 Y's ;bale of federal funds used to acquire the ultlipmont, in accordimce with 2 Cl-R 200.313(e)(2). n. SUIIRGCIPIFNT hereby agrees, upon the demand of CITY, to execute, acknoNvIedge and deliver, or cause any person or entity who may have any claim to light. ha-Clndcr or under any (locurnenl, insuumenl or agreement executed in huthcranec of the services and activities to be perfonncd hereunder, to execute, acknowledge and deliver, to CITY assiglment(S), quit claim deed(s) or such other and further insuuntents_ doculueluS and agreements as may be necessary, in the sole and absolute discretion ol'C1TY_ to vest in CITY all of SUTIRFCIPIFNT's right, title and interest (if any it may have) in and to CITY, CDR(i or 0111,Tfedcn:cl, stale and/or local accounts or prun-anl funds oral location of funds to which CTTY is Or may be. anitted, either for its own account or as fiduciary or tnutec for others, which wc7c obwincd for the purpose of the pel7ornance of this Agreement of any previous agreements relating to the same subject luatter of activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf oi'CITY. in furtherance of Ills actlivilics herunder or thereof: 5UBRECIPIEN 1's obligations and responsibilities set loth in this paragraph 'Al. REVERSION OF ASSETS," and in paragraph "XII. TLRMINATION" and other r'egtnlYmeuts peltallmlg to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this A[ncmcnl for such period of mix- as CITY and/or HUD deans necessary for Iho responsibilities, duties :old obligations to be perfonncd and complctcd to the satisfaction of CITY and H LIII. XTL TFRNTfNATTC)N A- This Ag2remenl may he icnitinatcd un Ihilty (30) days' writmi notice by e:ithcr pally. hi the event of such termination, SUBRECIPIENT shall olily be entitled to reimbursement for approved expenses incurred to the effective date of termination. R. This Agrccmcnr may be. suspender or rcrnlinarcd by MY upon five (5) days' Written rluticC fur violation by SUBRECIPTENT of Federal Laws govcrting the use of Community Dcvctoplucut Block Grant Funds. in the event of such suspension or tenuiatlon, SUBRECIPLENI shall only be. entitled to rat mbursetn alit tor' approved expenses incurred up to the effective date of suspension or termination- C. Pursuant to 2 (TR 200340, in the evcnl SLi8RLC1PIL-N I defaults by failing to fulfill all or any of its obligdtions hereunder, CITY may declare it detault and termination of this Agreement by written notice to SUBRCCIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing of personal soivice of such noricc, unless such default is cured before the elfcctkc (late ol'terrnination stated in such notice. Tf terminated for cause, CITY shall he rChCYCd of further liability or respon5lblhty Under Ihu AgrcCnlClll, or as a rCSUlt Of lhC lutrunatton [hereof, including the payment of money, except tot payment tot approved expenses incurred tor services saristactorily and timely performed prior to the mailing or service of the notice of termination, and except for City Council 13 14 — 16 7/6/2021 EXHIBIT 1 rcimbursemalt of (I) any payments made for services not subsequently performed in a tincly and atisfactory manner, and (2) arsts incurredby CITY in obtaining substimre performance. D. I he grant of fluids under [Ills Agrcclucnt may be tcnllinatcd for conVcmcncC by either the C11 Y or SUBRECIPIENT, in whole or in pan, by setting torth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial 1Crminariun, the CFTY determines that d1e rornaining portion of the ,)Walk] will [lot aceomplkln the purpoqc fur with the award was madc, the CITY may tcrminatc the award in iU cruircty. Fi The grant of buds under this Agreement play be terminated due to the non-performance of SIIRRFCIPIFNT and or failure of SIIRRF.CIPFNT to perform the work dcgcribcd in Fxinhaq A and R or t;tilllre to meet the performance standards and program goals set forth therein, F. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient ar anticipated funding fium HUD tit the CDBG program for any year lernl subject to this Agrcemcnt. G. In the event this Agreement is terminated aS Set folth in Subparagraphs XLI.A. through inclusive, SUBRECIPIENT agrees io immediately reuum to CITY upon CITY's demand and prior to any adiudbearion (if SIIRRFCIPIFNT's rights, any Intl all finals not used, and to comply With Paragraph "XI. REVERSTON OF ASSETS" of duos A,n-u merit. XIII. LIMITATION OF FUNDS The Unilcd Slates of America, iluough HUD, may in the future place progrannitatic or fiscal limi(inions on the use of CDRG funds which limitations arc not presently anticipated. Accordingly, C1 fY reserves the right to revise this Agreement in order to take account of actions allectilg HUD program Bolding. In the event of finding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement aq a whole or as to costs category, may limit the rate of SITiRfiC1PTENT'q authority to conuith and 51)end funds, or nuly rcSlriei SLIBRECIPIENT'S use of both its uneornrcitted and its unspent tinulS. "'here HUI) has dnectcd or requested Cl fY to implement a reduction in funding, in whole or as to a cost category, with respect to finding for this Agreement, CI l'Y's City Manager or delegate is authorized to act for CITY in implementing and effecting quell a reduction and in revising, modifying, or amending the Aerccmcn[ fire Such purpo5ec. If Such a redaction in fundink OCCln'S, STIRRP:CIPTF.NT ,)hall be permitted to do -tope ac:curdirgly. Where CTTY ha reasonable goulyds to qucSlion ST_1BRECIPIENT'S flscal aCCOnmablhty, financial 5oundrncss, or compliance with this AgRccmcnt, C.11 Y may suspend the. operation of this Agreement for up to sixty (60) days uPon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of quell questions. In no event, however-, shall any revisions madc by CITY sffed expoidiruivs anti legally binding eonvmiomealrs madc by SCTiRF.ClPTFNT befurc it recciacd uoticc of such revision, provided that such amounts have been committed in good faith and arc otherwise allowable and that such c nuninncnts arc consistent with HUD cash withdrawal guidelines. XIV, FXCLUSIVITY ANDAMF'NDMP:N'I'OFAC14PH'.NIP:N'I' 'I his Agreement supersedes any and all other agreements, either oral or in writing, between the parties licreto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between ncc parties with rogpw to such crnploymenr in any manner whallocvcr. Each party to this Agrecrnent acknowledges that no repr-esenuations, inducement:, promise, or agrectucnts, orally or othctwisc, have been madc by any putty, or anyone acting on behalf of any party, which are nol embodied herein, and that no other agreement or amendment hereto shall be ettectke unless executed in writing and signed by both CITY and SUBRECIPIENT. City Council 14 14 — 17 7/6/2021 EXHIBIT 1 XV. LAWS GOVERNING THIS AGREEMEN I This Agccment shall be govcmed by and COnshuai in accordance with the laws of the State of Calitomia, and all applicable federal laws and regulations- XVI. CLOSE-OUT The SUBRECIPIENf agrees to comply with the closeout procedures detailed in 2 CFR j200.343, including the following_ 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the cnd date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2- Unless the CITY autllotizes an extension, SUBRECIPIENT must liduidatc all obligations incurred under the Federal award not later than ninety (90) calendar days a1)cr the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPILNT must promptly refund any balances of unobligated cash that the CITY paid in aclvaneC or paid and that is not allthori7Cil to be retained by SUl1RI;.CIPIIaN'I' fur use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBREC'TPTENT must account for any read and personal property acquired with Federal Finds or received Thom the Federal government in accordance.. with 2 CFR §§200.310- 200.316 and 200.329; and, 5. The Cl IN should complete all closeout actions for the Federal award nit later than one year after receipt and acceptance ul'all required Final reports. XVIL VALIDITY AND SEVL.RABILITY The invalidity in whole or in part of any provision of this Agrcanent Shall not void or affect the validity of any other provision of this Ajccmcnt. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable. lain, such provision shall bee incllcctive only to the Cxtcnt of such prohibition or invalidity, "ithout invalidating the remainder of suCh provisions of this AGREEMENT. XVUI. WAIVER NO delay rrr (nnission by either parry hcl'CFO to cxanise any right of power accntinp, »pon any nuneompliance or default by the other party with respect. Lu any of dtc fenny of this Ag"mcnl shall impair any such tight or power of be consuuccl to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be coOStl'ucd to be A w81VClof ally NUCCCC(11118 NC' 101 thCl'COf 01' Of any OthC1' COVCrl3nt, COIIditi 011 of Agreern Crll. herein con111r1 & City Council I5 14 — 18 7/6/2021 EXHIBIT 1 X1X. MISCELLANEOUS PROVISIONS a. Lach undersized r;presents acid WMTMIts that its si�,vaturc herein below has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnity CITY lirlly, including reasonable costs and attorney's foos, for any iryuties or damages to C1TY m the evert that 511e1 aurltoriry or power is nor, in fact, hold by rbe 3igna4ny or i widrelrawn. b. All Exhibits and Attacluucnts referenced herein and attached hereto shall be incotporated as if riilly Set torch in the body of this Agreement- (Sigrratmve 'm /i'llowieg pagcf City Council 16 14 — 19 7/6/2021 EXHIBIT 1 TN WTTNFSS WHEREOF, the pantie; hereto have executed this Agreement as of the last Gate and year waiticat hclow_ ATTFST: CTTV OF S 1NTA %NA DAISY GOMEZ KRISTINE R1DGG Cleric of the council City Man,a£cr APPROVED AS TO FORM: SONTA R. CARVALBO City Attorney r� By; RYAN 0. �TODGF Asm.,Wntt ity Attorney RECOMMENDED FOR APPROVAL: SUBRECIPIENT: STEVEN MENDOZA Eaaxitive I)ircctor Community Development Agency Paula Garcia ArSCna lilt Vic'c President ofC:ommunity and Home Buyer Services Tax ID- 33-0311059 DINS #- 363569096 City Council 17 14 — 20 7/6/2021 EXHIBIT 1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary FAclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 (TR fart 98. Section 98510, Participant responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Re�tt_r (pages 19160-19211). (13LFORF, COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CLRTIfIC'AT'ION - Attached) (1) The prospective recipient of f-ederal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, o- voluntarily excluded from participation in this transaction by any federal department of - agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. y P ?y4 (� G . 14 r (I 1 i Name and Title of Authorized Representative Date City Council Page 1 of 214 — 21 7/6/2021 EXHIBIT 1 INSTRUCTIONS FOR CERTIFICNTION 1. By signing and submitting this proposal, the prospective recipient of federal assistance hinds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance hinds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations_ The prospective recipient of federal assistance hinds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties excluded from Procurement or Non - Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier- covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. EXHIBIT C City Council Page 2 of 214 — 22 7/6/2021 EXHIBIT 1 Certification Regarding Lobbying Certification Im Contracts. Grains. Loans, arid._[ oupel }ttve Agreements The undersigned Certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the Undersigned, to any person for influencing or attempting, ui nrlluence an officer Or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of C ongress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendmcut, or modification of any Federal contact, grant, loan or cooperative. agreement. (2) if any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-1_1-1, "Disclosure Form to Report Lobbying," in accordance with its instructions- (3) The undersigned shall require that the language ofthis certification be included in the award documents fir all subawards at all tiers (including subcontract, subgrrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipicnts shall certify and disclose accordingly. This certification is a material representation of t?ic.t upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S l 00,000 for each such failure. Giantee/Cori(aclor Organization Program Name of Certifying Officer Signature Date l3Xl ll3ll' 1) City Council 14 — 23 7/6/2021 EXHIBIT 1 SUBRECIPIENT warrants the following: 1. SUBRECWTE.NT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CPR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in pan with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis -Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at anytime in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CIT"Y'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT 1) City Council 14 — 24 7/6/2021 EXHIBIT 1 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page 1 of 3 City Council 14 — 25 7/6/2021 EXHIBIT 1 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of P rformance"form. V.-��, �•e`1 t �.r. (( f;0' Y.C.,v Date EXHIBIT E Page 2 of 3 City Council 14 — 26 7/6/2021 EXHIBIT 1 FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Date: The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT E Page 3 of 3 City Council 14 — 27 7/6/2021 Community Development Agency www.santa-ana.org/cd Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: On -Call Environmental Review Services for Federally Funded Programs AGENDA TITLE: Approve On -Call Environmental Review Services Agreements with Rincon Consultants, Inc., Chambers Group, Inc., and Michael Baker International, Inc. (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute three agreements with the firms listed below to provide on -call environmental review consulting services. The agreements shall commence on August 1, 2021 and continue until July 31, 2022, with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney. The total compensation provided to all three firms shall not exceed an aggregate amount of $150,000 annually, for a potential total not to exceed amount of $450,000 during the entire term of the agreements, including extension periods, subject to non -substantive changes approved by the City Manager and City Attorney. 1. Rincon Consultants, Inc. 2. Chambers Group, Inc. 3. Michael Baker International, Inc. COMMUNITY DEVELOPMENT COMMISSION ACTION At its regular meeting on May 26, 2021, the Community Development Commission approved the recommended action. DISCUSSION As an entitlement jurisdiction, the City receives an annual allocation of Community Development Block Grant (CDBG) funds, HOME Investment Partnerships Program (HOME) funds, Emergency Solutions Grants (ESG) funds, and Housing Choice Voucher Program (HCV) funds from the U.S. Department of Housing and Urban Development (HUD). All projects and programs funded by these federal grants must undergo environmental reviews and/or assessments. City Council 15 — 1 7/6/2021 On -Gall Environmental Review Services for Federally Funded Programs July 6, 2021 Page 2 On March 1, 2021, the City of Santa Ana issued a Request for Proposals (RFP #21-017) to retain on -call environmental consultants to provide environmental reviews and/or assessments on an as -needed basis. The RFP was posted on the City's PlanetBids portal and a total of 285 firms were notified who had previously requested to be informed of such opportunities as well as other firms that staff identified through research. The deadline for the first round submission of complete proposals was Thursday, April 1, 2021 at 5:OOPM. The Community Development Agency received eleven proposals before the submission deadline, which met the minimum application requirements of the RFP following a minimum threshold review by staff. For the evaluation of the proposals received under the RFP, staff formed a review panel consisting of five staff from the Community Development Agency. The review panel met on Thursday, April 8, 2021 to review the proposals and then again on Friday, April 23, 2021. Each proposal was evaluated by the review panel based only upon the evaluation criteria in the RFP. The following table summarizes the results of the evaluation by the review panel, providing the average score and ranking for each proposal: Rank Proposal Submitted By verage Score* 1 Rincon Consultants, Inc. 5.4 2 Chambers Group, Inc. 1.2 16.6 3 Michael Baker International, Inc. 9.9 ECOM 9.6 5 IPSOMAS 6 Harris and Associates 81.6 7 tlas I echnical Consultants 80.8 8 Infrastructure Engineers 80.2 9 Ultra Systems 78.4 10 <imley Horn 76.2 11 CAJA Environmental Services 05.6 ' Maximum score was 100 points The top -ranked proposals were from Rincon Consultants, Inc., Chambers Group, Inc. and Michael Baker International, Inc. Following this procurement process, staff recommends that the City enter into an on -call agreement with each of the top three firms for $150,000 each (Exhibits # 1 — 3). Approval of this recommended action will allow staff to effectively and efficiently conduct the environmental reviews and assessments required by HUD for projects and programs funded by the CDBG, HOME, ESG and HCV Programs. City Council 15 — 2 7/6/2021 On -Gall Environmental Review Services for Federally Funded Programs July 6, 2021 Page 3 FISCAL IMPACT Funds are available in the grant account programs shown below for FY 21-22. Accounting Unit- Fund Description Accounting Unit, Account Account Description 13018780-62300 HOME Program HOME, Contract Services - Professional 13518780-62300 Community Development CDBG, Contract Services - Block Grant Professional 13518785-62300 Emergency Solutions ESG, Contract Services - Grant I Professional 14018760-62300 Housing Choice Vouchers HCV, Contract Scrviccs- Professional Prior to utilizing any of these on -call services, staff will ensure sufficient funds are available in the appropriate program budget and will track expenditures to ensure the City does not exceed the annual $150,000 maximum total. Funds for the two renewal periods will also be included in future annual budgets. EXHIBIT(S) 1. Consultant Agreement with Rincon Consultants, Inc. 2. Consultant Agreement with Chambers Group, Inc. 3. Consultant Agreement with Michael Baker International, Inc. Submitted By: Steven Mendoza, Assistant City Manager Approved By. Kristine Ridge, City Manager City Council 15 — 3 7/6/2021 EXHIBIT 1 ENVIRONMENTAL SERVICES AGREEMENT CITY OF SANTA ANA TUTS AC;RFFMENT is made and entered into on this I" day of August, 2021 by and between Rincon Consultants, Inc., a California c011101-ation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State irfCalitoinia ("City"). RECITALS A. On March I, 2021, the City issued Rcqucst for Proposal 21-017 ("RFP") sccicing proposals from qualified vendors having special skill and know -ledge in the field of on -call environmental review consulting services. B- Consultant is one of three vendors to timely submit a responsive proposal, which was selected by the City. Consultant rcprescnts that i[ is able and willin [o provide such services to the City as described in the RI:P and Consultant's proposal, which ;ire incorporated by reference as though fully aliached hereto. C- Tn undertaking the perfointancc of this Agreement, Consultant rcprescras that it is knowledgeable in its field and that any services performed by COnsnitatn 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 mllttlal 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 daring the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment. and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhihit A, attached hereto and incenporated by refer-enec- 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consuhant shall be paid only for acutal services performed under this Agreement at the rates and changes identified in Compensation - Exhibit It. The total compensation provided to all consultants selected tender RI;P 21-017 w perform shall not exceed an aggregate ,unounl of M 50,000 annually, for a potential total not to exceed amount of $450,000 during the entire term of the. Agreenent, including extension periods- b. Payment by City shall be made within foray -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures- Payment City Council 15 — 4 71W€0211 of 9 EXHIBIT 1 need not he mnde for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City_ 3. TERM This Agreement shall commence on August 1, 2021 and continue until July 31, 2022, with the option fix the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the. City Manager and the: Citv Attorney, unless terminated earlier in accordance wall Section 15, Below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agr'ccment is not intended nor shall i( be construed to create an employer -employee relalionship, a join( venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant pert2rrms [Ile services which are the subject matter of this Agreement, however, the scrviccs to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license [hr City to copy, use, modit'y, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, arid other docutrtem_ or works of authorship fixed in any tangible medium of expression, including but not limited to, plt_ysical drawings or data magnetically or otherwise recorded on computer disl<ettes, which are prepared or caused to be prepared by Consultant under this Agi-eement ("Documents & Data"). Consultant shall recµrire all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subeoutactol prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Dala. Consullant makes no such representation and wanan(y in regard to DOCnmCnt,, & Data which were provided to C011SLLltant by the City_ City shall not he limited in any way in its use of the. Documents and Data at any time, provider) that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to tundcrtaking pectin manec of work under this Al;rccment, Consultant shill maintain and shall require its Subcontractors, ifany, to obtain anti maintain irrsu .ance as described below; I Connnnereial General Liability Insurance. Consultant shall maintain commercial general liabilily insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(,,) and shall include, but not be limited to protection against claims atising from bodily and pct'sonal injury, City Council 15 — 5 71W €02Z1 of 9 EXHIBIT 1 including death resulting therefrom and dunnage to property, resulting from any act or occurrence arising out of Contractor's operations in the perlonnauce of this Agrecmennt, including, without litnitatiun, acts involving, vehicle,;. The amounts ul' insurance shall be not less than the tollowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amotutt of $1,000,000 per occurrence, with S2,000,000 in the aggregate- Such insurance shall (a) name lnc City, its ofGccrs, culployccs, agents, and representatives as additional insurcd(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City: and (c) contain standard separation of insureds provisions. b. i3usines,auto»nohiIcliabilityinsurance, orequivalentfornt,with acombinedsinglc limit ol'not less than $1,000,000 per occurrence- Such insurance shall include coverage for owned, hired and nun -owned automubiles. C. Worker's Compatsation Insurance. In accordance with the provisions of Scetiun 3700 of the I abor 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 c niniencing the performance of the wort: under this Agreement, Consultant agrees to obtain and maintain any cioployct's liability insurance with limits not less than S1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000.000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section- i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City- in- Certificates and policies shall state that the policies shall not be eamceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the anuxints or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the annxunts provided by the ccititieates of insurance shall be incotporaccd by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsennent. f. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insuraunec has been plvau-ed and is in force and paid 10 , the City shall have the tight, at the City's election, to forthwith terminate this Agreement. Such tenninatiun 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 City Council 15 — 6 71W! €02;1of9 EXHIBIT 1 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 C'ily, its of7icers, agents, employees, contractors, special counsel, and representatives from liability: (1) lorpersonal 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 ils behalf which relates to the services described in section 1 of this 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 from this Agreemett. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restinrtion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of ilie events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement- The Consultant further agrees to indemnity, hold harmless, and pay all costs &n 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 ol', or elTects arising Isom this Ag eernent- City may make all reasonable dccisioos with respect to its representation in any legal proccctling. NotwitbAanding the furcgoing to the extent Contractor's services arc subject to Civil Code Section 2782.8, du above indemnity shall be limited, to the extent required by Civil Code Section 2782.8. to claim, that arise oul of-, pertain to, or relate to the negligence, recklessness, or m illful misconduct of the Contractor- S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employee., against any and all liability, including costs, for infringement Of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Tile, costs ino:urred under this Agreement and any services, expenditures, and disbursements charged to the City for a mininuun period of three (3) years, or for any longer period required by law, from the date of final payment to Consuhanl under this Agreement- All such records and invoices shall be clearly identifiable. Consultant shall allow it representative of the City to cxarrtinc, audit, and make transcripts or copies of such records and any other documents ciliated pursuant to ibis Agreement during regular business hours. Consultant shall allow inspection ofall 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 tills Agreement. City Council 15 — 7 71W €0241 of 9 EXHIBIT 1 10. CONFIDENTIALITY It' Consultant receives lium the City infonnatiou which due to the nature Of such iutinmaticnt is reasonably understood to be contidcntial and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and foLher agrees to exercise the same degree of care it uses to protect its own inRomation of' like importance, but in no event less than reasonable care_ "Confidential Infirrmation" 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 ofnon-use and rrorrdisclosure shall not apply to Lilly information that (a) has been disclosed in publicly available sources; (b) is, drrough no fault Of the Consultant disclosed in a publicly available source; (c) is in riglttfiil possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, wfiich would conllicl in any manner with perionnance of Services sped lied under this Agrcctacul. 12. NON-DISCRIMINATION Consultant shall not disaiminatebecause of race, color, creed, religion, sex, marital stars, 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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete, and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In The event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail_ this Agreement may not be modified except by written instrument signed by the City and by an authorized representative ol' Coruraetor. The parties agree that any terms ur conditions of any purchase order or other instumcnt that arc inconsistent with, or in addition to, the terms and conditions hG'cof, shall nut bind or Obligate Consultant Or the City. I[ach 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 patty, which is not embodied herein. City Council 15 — 8 7/�1 €0 -1of9 EXHIBIT 1 14. ASSIGNMENT lnatinn-Wh as this Agreement is intended to seCurc the specialized services of Contractor, Consultant may not assign, transfer, delcgate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the (- ity'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'thc services which are the subject to Ibis Agreement performed by City personnel or by other Contractors retained by City. 15. TLRMINATION This Agreement may be terminated by the City upon Thirty (30) clay, written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services pertormul by Consultant prior to receipt of inch notice of termination, ;ubjeel to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all wort: product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohihitcd by law, and Consultant consents to the City's usee 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 kecitals 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 party waiving the breach, failure, right orrerncdy- No waiver ofany breach, [irilurr or right, or rerned-v shall be decried a waiter of any other breach, falllarC, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreeinent has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be thee venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ol'this Agreement - is. PROFESSIONAL LICENSES ConsUltant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions ucccssary 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 City Council 15 — 9 71W €07�1of9 EXHIBIT 1 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ol'this Agreement_ 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be decried to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or otter telegraphic contntunicatiorl in the planner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Ccntcr Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927o2-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Ccnntnunity Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O_ Box 1988 Santa Ana, California 92702 To Contractor. Deanne Hansen Principal -in -Charge Riucon Consultants, Inc. 250 lust I" Street Suite Igloo I.os Angeles, CA, 920012 1-213-799-4842 A party may change its address by giving notice in writing to the other patty. Thereafter, m_y eotnmunieation shall be addressed and transmitted to the new address_ If sent by mail, communication shall be effective or deemed to have been given three (3) clays after it has been deposited in the United States mail, drily registered or certified, with postage prepaid, and addressed as set forth above. I I sent by fax, communication shall be effective or deemed to have been given twenty-f(Htr (24) hout_S after the time set firth on the transmission report issued by the transmitting facsimile machine, addressed Lis set firth above. For purposes of calculating these lithe frames, "eckends, federal, state, County or City holidays shall be excluded. City Council 15 — 10 7/ a2012 of 9 EXHIBIT 1 20. MISCELLANEOUS PROVISIONS a- Each undersigned represents and wan -ants that its signature herein below has the power, authority and right to bind their respective parties to cacti of tttc terms of this Aerecnunt, and shall indemnify City fully, including reasonable costs and allorney'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- The Agreement is the final and complete agrecanent and any prior or eontCnI porancous agreements litr similar services between the pat Ues is superseded by this Agreetnem. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Fxhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the hody of this Agreement. SignalnreS on /b11oi%4ng page, City Council 15 — 11 71W€02K1 or 9 EXHIBIT 1 TN WTTNFSS WTTF.REOF, the panties hereto have executed this Agreement the date and year first above Wriuen. ATTEST: Daisy Gomez Clerk Of Tilt Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney By: Ryan 0. l (cdge,� Assistant City Attorney RECOMMENDED FOR APPROVAL: SLCVCII Mendoza, EXCCntivc Dircetrjr Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Deanne Hanscn Principal -in -Charge City Council 15— 12 71W €0)291of9 EXHIBIT 1 EXHIBIT A SCOPE 01: SERVICES City Council 15 — 13 7/6/2021 Submitted to: City of Santa Ana April 1, 2021 Submitted by: Rincon Consultants, Inc. Community Development Agency (6th floor) 2S0 East 1st Street, Suite 1400 Attention: David Flores Los Angeles, California 90012. 2tCi'@jF(5ff6gf,P,aza, M-26 15 — 14 �/dd& 1842 Santa Ana, California 92701 www.rificDnconsultants.com EXHIBIT 1 City Council 15 — 15 7/6/2021 EXHIBIT 1 TobIP of Contents TalWe of Contents A. Cover Letter............................................................................................................................................1 B. Organizational Background....................................................................................................................1 B.1 Firm Profile................................................................................................................................1 3.2 Services......................................................................................................................................1 C. Scope of Services....................................................................................................................................3 C.1 Environmental Services.............................................................................................................3 C.2 Historic Compliance Review......................................................................................................8 C.3 Hazards/Site Assessment........................................................................................................10 C.4 Additional Technical Studies...................................................................................................12 D. Firm or Personnel Experience............................................................................................_................13 D.1 On -Call Project Experience......................................................................................................13 D.2 Key Staff...................................................................................................................................14 E. Relevant Experience.............................................................................................................................18 F. Subconsultants........................................................................................................_............._............22 F.1 Transportation Subcontractors...............................................................................................22 F.2 Environmental Site Assessment Subcontractors.....................................................................23 G. References............................................................................................................................................24 H. Fee Schedule.........................................................................................................................................24 Appendix A Resumes of Key Personnel Appendix B Required Forms Cit Council 15 - 16 7/6/2021 Rincon onsutants, InC. EXHIBIT 1 City Council 15 — 17 7/6/2021 EXHIBIT 1 Rincon Consultants, Inc. 250 East 1 ,t Strest, Suite 1400 Los Angeles, CaGfornt2, )0012 Zia 788 4842 orncE Ano rAx nfo Lrtlrinroncon3jltants rom wWw.r. n.uncun SUIUIIIS.[um A. Cover Letter April 1, 2021 Project Number 21-11149 David Flores City of Santa Ana Community Development Agency (6th Floor) 20 Civic Center Plaza, M-26 Santa Ana, California 92701 Subject: Proposal for On -Call Environmental Review Services for the City of Santa Ana's Housing Division Dear Mr. Flores: Rincon Cnnsultants, Inr. (Rincon) is pleased to submit this proposal to provide the City of Santa Ana's (City) Housing Division with environmental consulting services. We are enthusiastic about the opportunity to continue working with the City and have assembled a team of highly skilled environmental science and planning professionals who combine extensive technical qualifications and knowledge of the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) with several years of experience working in the region. For over 25 years, Rincon has successfully worked with cities, counties, and special districts in the snuthorn California region and throughmit California to provido planning and onvirnnmontal review expertise. Our local staff has successfully managed various on -call assignments with numerous public agencies including the cities of Fullerton, Los Angeles, South Pasadena, Long Beach, and Los Angeles Counly's Cornrnunily Development Authority. Rincon has worked with the Cily of 5anla since 2000 under sovoral nn-rall rontrarts with tho Cnmmunity Dovolnpmont Agency and tho Planning and Ruilding Agency. Rincon recently completed the Categorical Exclusion for the Santa Ana Library Renovations Project for the Community Development Agency (Housing Division), and our historic team is continuing to consult for potential irnpacls to historic resources. We also recently Completed on Initial Sludy- Mitigated Negative Declaration for the Westview Housing Project for the Planning and Building Agency (Planning Division). Through these projects and over 20 other projects completed under our on -call contracts since 2015, we have developed unique insight with the range of environmental and socioeconomic issues present in the City. The following assets make us well -suited to this important on -call services contract: • Extensive experience providing on -call CEQA consulting services to cities and counties throughout the southern California region and statewide, • Proven project management expertise, • Adherence to successful internal quality assurance programs, Staff who are experts in key technical issues, City Council 15 — 18 716/2021 E n v i r o n in e n t e I 3 c l a o tie f s P I e a n e r 3 E n p n 6 6 f s EXHIBIT 1 City of Santa Aria On -Call Environmental Review Services for Housing Division • Familiarity with recent affordable housing projects and infrastructure improvements throughout the City, and • Principal -level commitment to the success of all projects. To augment Rincon's in-house expertise, we have retained Ganddini Group to assist with the traffic impact analysis a team of trusted project partners for environmental site assessment services in support of projects under this contract, as needed. We have successfully worked with these partners on numerous projects. The composition of our team and team member roles and responsibilities are described in the proposal. Rincon has reviewed the City',; sample rontracT. Rincnn finds The sample rontrart generally arceptahle, but requests the right to negotiate language related to the indemnification clause (Section 15). For this contract, Deanna Hansen will serve as the Principal -in -Charge and Susanne Huerta, will serve as the Project Manager and the primary contact person for the City of Santa Ana. We are confident that the Rincon team will meet the needs of the City, and we welcome an opportunity to meet with you to further discuss our qualifications. Please do not hesitate to contact us if you have questions about this proposal or need additional information. Susanne Huerta, AICP Deanna Hansen Primary Contact / Project Manager Principal -In -Charge Phone: 213 788 4842 x104 Email: shuerta@rinconconsultants.corn Contact for Clarification Phone: 213 788 4842 x204G Email: dhansen@rinconconsultants.corn Authorized to contractually obligate and negoiiaie on behalf of Rincon COnSuILanLS, Inc. Cit Co�rncil 15 — 19 7/6/2021 Rincon onSutWTS, InC. EXHIBIT 1 Organizational Background I . it imm— iu it d Background B,l f-ilrrin Prolife Rincon Consultants is a multi -disciplinary environmental science, pinnning, and engineering consulting firm that provides quality professional services to government and industry. Our principal service is to provide environmental support and scientific research to create and sustain innovative solutions to natural resource, sustainability, and environmental impacts. Rincon prides itself on the considerable depth of its staff, which includes certified urban planners, environmental scientists and engineers, accredited LEED professionals, noise and air quality experts, geologists, biologists, and cultural and historical resource specialists. Our approach to every project is centered upon the design and development of innovative solutions that respond to our clients' specific needs in a cost-effective manner. Rincon's corporate culture focuses on providing environmental consulting services in a manner that is beneficial to both the environment and our client's needs. When hired, we perceive ourselves as an extension of our client's team and function with the best interests of the client in mind. By managing each project with a focus on three primary objectives —economic efficiency, technical excellence, and sustainable approach —we can provide superior service that efficiently and effectively meets the needs of our clients. B3 2 Srvic.e We have categorized our environmental consulting services into six core areas: • Environmental Sciences and Land Use Planning • Biological Resources • Water Resources • Cultural Resources • Site Assessmena and Remedial -ion • Sustainability Services We also maintain a Geographic Information Systems (GIS) and Graphics Communications group to enhance our documents and Legal a1. ImtInne. Rincon Consultants, Inc. Legal IForrnr. California "S" Corporation Founa:le& 1991 IProfessi'.aauaal. Staff r. 8251 Caliraauuai,a Orf aes: 12 Los Angeles, Ventura, Santa Barbara, San Luis Obispo, Redlands, Carlsbad, San Diego, Fresno, Monterey, Santa Cruz, Oakland, and Sacramento websi':ter. www. ri n co n co n s u I to nt s. co m Cornp any Hi?lhliphtsr Received two Association of Environmental Professionals awards in 2020 and three awards in 2019 • Received one American Planning Association award in 2020 and one award in 2019 • Named one of the "Best Places to Work" by Zweig - White in 2019 • Narned Hot 100 Firm list, recognizing revenue growth over time (2019, 2018, 2016, 2015, 2011, 2009, and 2004) • Headquarters is LEED support our data analyses for projects addressing issues in these service areas. The following is a summary of the services that Rincon provides. Cit� Corfincil 15 — 20 71612021 o Rincn onsu tams, Inc. 1 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division CECA Compliance: Environmental Impact Reports, Initial Studies. Categorical Fxemptions, Fnvironmental Impact Report AcldendumS, Mitigation Monitoring Reporting Plans NEPA Compliance Environmental Impact Statements, Environmental Assessments, Finding of No Significant Impacts Literature Reviews/Records Searches/Archival Research Native American Consullalion Cultural Resource Surveys Paleontological Resource Surveys California Regisler of Hislorical Resources and Nalional HeglSter of Historic Places Eligibility EValllatIOM: Archae,iloRiral Site Testing, Hi,torw Built Fnvnonrneni Resource Evaluation, Traditional Cultural Property EvaluaLlUll Archaeological DaLa Recovery Ili ograrus Paleontological Monitoring Riological Construction and Mitigation Monitoring Baseline Biological Resources Inventories and Vegetation Mapping Biological Resources EfftCLS/ImpacLs Analyses: Biological Assessments, Biological EvaluaLions, Natural Environment Studies Rare, I hreatened, and Endangered Plant and Wildlife SpPCIPS SIInrByS Nesting Bird Surveys Jurisdictional Delineations U.S. Army Corps of Engineers, Regional Water Quality Control Board, California Department of fish and Wildlife, U.S. fish and Wildlife Service, and California Coastal Commission Methodologies • Phase I and II Environmental Site Assessments • Hazardous Waste Characterization Site Rernedlationc Planning, D"Ign, and Q)rLStrn Ctinn • Site MonitoringGroundwater, Air, Soil, and Vapor • Underground Storage Tank Removal and Investigation • I Iealth Risk Assessments • Storm Water Pollution Prevention Plans • Storm Water Management and Compliance Monitoring • Water Supply Assessments • Clirnatr Action Plans • Greenhouse Gas (GHG) Emissions Inventories • Assembly Bill 32 GHG/Gas Oftset Verification • Green Huilding Analysis— I FFIW and Huild It Green'" • Planning Services: General Plans, Specific Plans, and Neighborhood, Community, and Area Plans • Community In VOlvemenL Program • Noise Studies, including Rio -Acoustic Fvalualion • Air Quality Analysis • Retrea Goo and Open Space Planning • Grant AAPIiGation Assistan[e • Native American Monitor Training Programs Section 106 Consullalion • Memoranda of Agreement • Findings of Eftects Stale Historic Preservation Officer Consullalion • Historic Preservation Plans • Cultural Resources and Paleontological Management Plans Third Parly Peer Review • Phase I, II, and III Cultural Resources Analysis • Archeological and Native American Monitoring California Rapid Assessment Method for Wetlands • Tree Inventory, Health Assessment, Risk Assessment, and Tree Protection Plans • Certified ArboriSL Trec Surveys and ImpacLs AssesSmenLS RegulaLory Pemuuing: Clean Water Act Section 404, Clean Water Act Section 401, Fish and ciame Code Section 1602 • federal Endangered Species Act Section 7 Consultations and Section 10 Habitat Conservation Plans • California Endangered Species Act Section 2081 Permits/Memorandum of Understandings • Wetland, Riparian, and Upland Habitat Hevegetatiun and ReAm Lion Planning • Environmental Construction/Grading, Monitoring • Methane Soil Gas Testing Stull Prevention (:ontrol and Countermeasure Plan • Transaction Screens • Asbestos/Lead Based Paint Testing • GCOloglcal and Seismic studies • Water Rights Permitting • Wata:rshcd Managcment and Planning • Fnergy Action Plans • Grant Writing for Sustainability and Climate Action Planning • Comprehensive Public Engagement and Outreach Programs • ASHHAF I Pvel 1 and i Fnergy Audit 2 City Council 15 — 21 7/6/2021 EXHIBIT 1 Scor>e of Services C. Scope of SeirAces C:.1 E nviroinrn nIc.aI , ir vit.-r..s At Rincon, we understand the need to become an extension of City staff in conducting the environmental review process. Rincon project managers and analysts are skilled at assisting agencies in not only meeting the legal requirements of the NEPA and CEQA processes, but also in ensuring a project is consistent with the City's ordinances and codes and the relevant standards of other local or State agencies (e.g., California Department of I ransportation, John Wayne Airport, County of Orange, Regional Water quality Control Board, U.S. Army Corp of Engineers, and California Department of Fish and Wildlife). Our teamwork approach will ensure that the City has direct access to strong technical expertise, and our local experience helps to ensure understanding of community issues and local political concerns. In addition to assisting our clients with the NEPA/CEO,A process, our environmental planning group also regularly prepares a broad range of technical studies (such as air quality, noise, biology, and cultural resources) to help design teams develop projects that avoid or minimize significant environmental effects. As described below, our team members have prepared many of these studies for the City of Santa Ana. Since 2015, we have prepared over 20 environmental documents for the Housing Division, including NEPA Categorical Exclusions jCEs) and Environmental Assessments (EAs), and surveys for asbestos and lead, as well as CEgA documents for the Planning Division. As such, we are highly familiar with both local requirements as well as broader agency requirements. The scope of work for any environmental document or specialized technical study will depend upon the nature of the project being analyzed and will vary from project to project. We have assumed that most documentation will involve NEPA review, a lesser number will involve CEgA review, and that a range of specialized studies will also be requested. The following briefly describes our approach to preparing the types of documents likely to be required under this con Lrad. Upon receiving an inquiry from the City on a particular project with federal agency involvement, an early step will be determining what level of NEPA review will be required. Rincon's project manager will obtain a detailed description of the project, and will consider the location, scale, and timeframe of implementation. Preliminary Cit Colncil 15 - 22 7/6/2021 Rincon onsutWTS, lnc. EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division research of the site will be conducted and existing technical studies and environmental documentation will be consulted. NEPA documentation could include CEs or EAs. Scopes for Environmental Impact Statements (EISs) are not included below because the type of projects we have worked under the current and previous on -call have included affordable housing development and capital improvement projects which have not resulted in significant impacts (based on federal criteria) that cannot be avoided. However, Rincon can provide a scope and cost for an LIS, as required for a specific project. In addition, Rincon will conduct Section 106 consultations and historic compliance review. For current projects under our on -call, we have not submitted projects through the U.S. Department of Housing and Urban Development (HUD) online portal, the HUD Environmental Review Online System (HERDS). However, our team has been trained to use the HEROS platform and will be able to execute this task as a Partner User for City staff when necessary. IExeirtnllo't[oi B or Cak4?^ )oiriin.rsll IlxcAu sioin Not Sualr)li ertt to Se :hioin 58,5 Activities that, by their nature, do not cause changes in the physical environment are exempt under 24 CFR 58.34 or excluded under 24 CFR 58.35(b). For these projects, a Notice of Exemption or a Categorical Exclusion Not Subject To (CENST) Section 58.5 will be prepared. This includes completion of the 24 CFR 58.6 Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier Resources Act, and runway clear zones. f;ciltegolrl a.,all IExr.,llurfoln Suylfa,`ecii to Sea.ttfioin 583.5 Activities that are not exempt or excluded per 24 CFR 58.35(b) are checked against the criteria in 24 CFR 58.35(a) to determine whether they are categorically excluded subject to (CEST) Section 58.5 or whether an EA or CIS may be required. NEPA CESTs are available under 24 CFR 58.35(b) for those actions that either do not create any changes in the physical environment, or make minor modifications associated with continued use of the property for the current land use designation. Generally, the content of a CEST is as follows. Ht1D's Statutory WorkshPPT, which covers issues addressed in 74 CFR SB.S (issues addressed include historic preservation, floodplain management, wetland protection, coastal zone management, sole source aquifers, endangered species, wild and scenic rivers, the Clean Air Act, the Farmland Protection Policy Act, environmental justice, noise abatement, explosive and flammable operations, hazardous materials, and airport clear zones) 24 CFR 58.6 Compliance Documentation Checklist, which addresses flood protection, the Coastal Barrier Resources Act, and runway clear zones Data sources used for CESTs will be field reviews, topographic maps, available land use maps, flood zone maps, coastal zone maps, airport hazards maps, and available information regarding the presence of sensitive habitats and/or species. Much of this information is available from online datahasPs maintained by U.S. Environmental Protection Agency and other federal and Stale agencies Noise assessments will be performed where necessary, utilizing HUD methodologies and the HUD Day/Night Noise Level Electronic Assessment Tool (an online noise calculation tool). Historical review of the prnperties will he based on the specific rnethodoingies described below for compliance with Section 106 of the National Historic Preservation Act of 1966. Air quality analyses will be based on the type of activity and whether quantification is necessary. Rincon will prepare the CEST in HEROS directly as a Partner User for City staff's review, and will submit the final environmental review in HEROS after revising per staff comments. 4 City Council 15 — 23 7/6/2021 EXHIBIT 1 Scope of Services IEA/11-01INSII Process When an activity is not exempt and cannot be categorically excluded from NEPA, Rincon will prepare an EA using the HUD short form checklist, unless the project would clearly require an EIS under 24 CFR 58.37. In the event that an FIS may be required, we will advise the City regarding the feasibility of preparing an EA as a means of focusing the EIS and as an aid in the formal scoping process for the EIS. We will dlsu advise the Cily regarding the eslirnaled cost and timeframe associated with an EIS, to allow an informed decision with respect to going forward with the project. EAs will be prepared in accordance with NEPA and HUD requirements as outlined in 24 CFR Part 50, 24 CFR Part 58, and 36 CFR Part 800. The following outlines the general contents of an EA. • Project proponent information Conditions for Approval Finding • Statcment of Purpose. and Need for the Proposal • Description of the Proposal • Description of Existing Conditions and Trends 24 CFR 58.5 Statutory Checklist Environmental Assessment Checklist, covering issues related to land development, socioeconomic concerns, community facilities dnd services, nalurdl resources, dnd other factors (from the 24 CFR 58.6 checklist) At the conclusion of the EA, Rincon will recommend either a Finding of No Significant Impact (FONSI) or a finding of significant impact. If applicable, Rincon will prepare the EA in HERDS directly as a Partner User for City staff's review, and will submit the final environmental review in HEROS after revising per staff comments. Similar to the NEPA process described above, upon receiving an inquiry from the City on a particular project, it will be important to determine early on what level of CEQA review will be required. Rincon's project manager will consider the location, scale, and timeframe of implementation, along with preliminary research of the site and review of the current CEQA Guidelines for all technical studies and environmental documentation. The following is a typical procedure we will employ for an Initial Study -Mitigated Declaration (15-MND) and an Environmental Impact Report (EIR). Citt� Co�rncil 15 — 24 7/6/2021 Rincon onsutants, lnc. EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Rousing Division IIS- INID Process • Task 1- Kickoff Meeting. A Kickoff Meeting will be held with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - Project Description. Rincon will prepare a description of the proposal being analyzed in the EIR, including descriptions of the site and its location, project characteristics relevant to the EIR analysis, project objectives, and required discretionary approvals. This typically includes textual, tabular, and graphic presentation. The Project Description will be submitted within one to two weeks of the Kickoff Meeting and receipt of information regarding the project. • Task 3 - Administrative Draft IS-MND. I he Administrative Draft IS-MND will be provided. Timeframes will typically vary between three and six weeks, depending on the complexity of the project and the types of accompanying technical studies required. • Task 4 - Public Review Draft IS-MND. Rincon will typically deliver the Public Review Draft IS-MND within one to two weeks of receipt of comments on the Administrative Draft IS-MND. The Public Review Draft EIR will circulate for a period of 20 to 30 days. • Task 5 - Final IS-MND. Rincon will prepare written responses and submit them to staff for review within one to two weeks of receipt of all comments received by close of the public review period. . The Final IS-MND will typically be provided within one to two weeks of receipt of all City comments regarding the responses. The Final IS-MND will be in the form of a single document that includes the Draft IS-MND, mitigation measures and mitigation reporting/mitigation monitoring program (MMRP), as well as any necessary corrections and all agency and public comments and responses to comrents. If desired, we can also prepare CEQA findings for the project in conjunction with the Final IS-MND. IEIIIR Process Task 1— Kickoff Meeting. A Kickoff Meeting will be held with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - Initial Study/NOP. Rincon will prepare an Initial Study checklist with supporting discussion, typically within two to three weeks. The Initial Study will cover all items on the City's environmental checklist and will include facts and analysis to support all conclusions. Upon City approval of the Initial Study, we will circulate a Notice of Preparation (NOP) of a Draft EIR. • Task 3 - EIR Scoping Meeting. If desired, a scalping meeting will be held during the 30-day NOP period to introduce the community to the proposed project and obtain input on the EIR scope of work (note: scoping meetings are required only for "regionally significant' projects). • Task 4 - EIR Project Description. Rincon will prepare a description of the proposal being analyzed in the EIR, including descriptions of the site and its location, project characteristics relevant to the EIR analysis, project objectives, and required discretionary approvals. This typically includes textual, tabular, and graphic presentation. The Project Description will be submitted within approximately two weeks of the Kickoff Meeting and receipt of information regarding the project. • Task 5 - Administrative Draft EIR. Rincon will prepare an Administrative Draft EIR within six to eight weeks of release of the NOP. The EIR will typically include the following: n Executive Summary- Summary of the proposed project and associated environmental consequences presented in tabular format to simplify review by decision -makers and the general public Introduction and Environmental Setting - Introductory sections (required by CEQA) that lay the groundwork for and summarize the substantive analysis to follow, the introduction describes 6 City Council 15 — 25 7/6/2021 EXHIBIT 1 Scope of Services the purpose and legal authority of the Study, and provide a discussion of lead, responsible and trustee agencies; the environmental setting provides a general description of the existing urban geographic character of the City and the site vicinity Environmental Impact Analysis -Analysis of impacts determined in the Initial Study to be potentially significant; includes four main components! — Setting (description of current conditions with respect to the issue in question, including the existing regulatory environment) — Impact analysis (discussion of potentially significant effects of the proposed project; impacts are typically compared to established "thresholds of significance") — Mitigation measures (methods by which significant effects can be reduced or eliminated) — Level of significance after mitigation (discussion of whether or not proposed mitigation measures reduce impacts to below the adopted significance threshold) Other CEOA-Required Discussions - EIRs also include other discussions required by the State CFQA Guidelines, including an analysis of potential growth -inducing impacts, a listing of significant irreversible changes, and a discussion of areas of Public controversy. Alternatives - See discussion below. Task 6 - Draft EIR. Rincon will incorporate City comments on the Administrative Draft EIR and complete the Draft EIR, typically within two to three weeks. The Draft EIR will circulate for a period of 30 to 4S days. Task 7 - Final EIR. Rincon will complete the Final EIR after the receipt of all written comments received during the review period. The Final EIR will consist of the comments, responses, and corrections to the Draft EIR (if any are warranted), and the MMRP. If desired and required, we will also prepare CEC!A Findings and a Statement of Overriding Consideration for the project. Response to Comments - Within two to three wccl<s of receipt of all comment letters on the Draft CIR, Rincon will submit draft Response to Comments. Within one week of receipt of City comments on the draft report, Rincon will prepare the final Responses to Comments. n Mitigation Monitoring and Reporting Program - Concurrent with the Responses to Comments report, Rincon will prepare a Mitigation Monitoring and Reporting Plan, which will be included in the Final EIR. Cit Colflncil 15 — 26 7/6/2021 Rincon onSutantS, Inc. EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division Notice of Determination Within five days of E I R certification and project approval (if any), Rincon will submit the draft Notice of Determination (NOD) to the City for delivery to the County Clerk and/or State Clearinghouse. i:: ll .J X%r- 7,-"� I, For EAs and EIRs, a reasonable range of alternatives will be identified during the course of the study in concert with City staff. For EIRs, evaluation of alternatives will normally be in less detail than that for the proposed project, though the analysis will provide decision -makers and the public adequate information to decide between alternatives_ This section will also identify the "environmentally superior alternative." If the "no project no building" alternative is determined to be environmentally superior, the EIR will identity the environmentally superior alternative among the remaining scenarios. In addition, NEPA requires analysis of each project alternative in an equal level of detail so all project alternatives will be analyzed in a single "Environmental Consequences" chapter. From Rincon's experience working on many similar projects, we understand the need to effectively engage the public in the planning and environmental analysis process. Communication with the stakeholders will be important in ensuring the success of most large-scale EIRs. Rincon will prepare materials for, attend and participate, as needed, in all major public meetings, including public workshops, open houses, and public hearings leading up to certification of the EIRs. Depending on the City's preference, noticing, public circulation, and filing of notices with the County Clerk, and the State Clearinghouse if necessary, will also be part of Rincon's scope of work. (-: 2 1 hs1c)ric: C'.r.-)rnp1k:wc:r: F'r \/iew Under this task, Rincon's Architectural History team will provide historic compliance review. Work efforts will include providing thorough, defensible documentation in support of Section 106 and CEQA cnmplinncr, through firld surveys, rligihility evaluations, imparts assnssmonts, and rhr, preparation of technical reports. Rincon will also assist the Housing Division in ongoing compliance review and provide input as needed. Our architectural history staff has extensive experience supporting the City of Santa Ana in these efforts and has a long track record of cornplebrig successful projects towards this end. As a result, we are deeply knowledgeable in the resources, regulations, and other considerations that guide historic compliance review in the City. For each identified project, Rincon will coordinate with the City to determine whether Section 106 review is required. For projects requiring Section 106 review, the following subtasks would typically be performed by Rincon: 1- Coordinate with the City and SHPO as needed to establish the Area of Potential Effects (APE) 2. Following APE map approval by SHPO, initiate Section 106 outreach to interested parties and stakeholders; in accordance with 36 CFR 800.4(a)(3), Outreach will include the Native American Group contact program and the local historic group/local government contact program 8 City Council 15 — 27 7/6/2021 EXHIBIT 1 Scope of Services 3. Request a records search of the California Historical Resources Information System from the South Central Coast Information Center to identify any previously recorded cultural resources within the APE 4. Complete literature review and focused archival research to characterize the construction chronology and historic setting of each of -age property, previous studies and historic context statements will be used to the maximum extent practicable to streamline project schedule and resources 5. Complete a historic property assessment, according to NRHP criteria, for all of -age buildings, structures, sites, and other built environment features within the APE 6. Document the results of the historic property assessment in a Section 106 Survey Report; all properties 50 years of age and older within the APE will be recorded on Department of Parks and Recreation Series 523 forms 7. For APE properties found NRHP eligible, assess the effect of the proposed undertaking on the historic properties; the report will make one of three findings: "No Effect, No Adverse Effect, or Adverse Effect" 8. Analyze the proposed undertaking for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties; where project components might not comply with the Secretary's Standards, Rincon will coordinate with the City to make recommendations for feasible project modifications that would eliminate or minimize adverse environmental effects 9. Incorporate the results of the analysis into the Finding of Effect report cornpleled for the project Based on our previous work with the City, Rincon assumes the following regarding the scope of work for historic compliance review: • Based on our experience working Willi SHPO and HUD on similar projects, it is assumed that the APE would be limited to direct effects; should a broader indirect APE be required, cost may be higher should additional properties require assessment and recordation • A maximum of one of age built environment property will need assessment and recordation; should additional properties require assessment and recordation, the costs may bC higher • No more than one NRHP-eligible or designated historic property will require project -level review for Secretary's Standards compliance • Since projects will involve rehabilitation of existing buildings (and no excavation, demolition, or new construction), it is assumed for Of Co�incil 15 — 28 71612021 Rincon onsU tams, lnc. EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Rousing Division purposes of this scope of work that no archaeological survey would be required, although Rincon can provide this service as needed • A direct cost of approximately $500 for most record search fees C,3 h-BazarrIs/Siff,: Asse snrlc rtf Rincon has provided environmental services, such as Phase I ESA, Phase II ESA, and hazardous materials services for the City of Santa Ana since 2000. Between 2000 and 2015, Rincon prepared over 50 documents that included either Phase I ESA, or asbestos -containing materials (ACM) and LBP surveys. Phase I ESAs are used to determine current and historical site uses, are useful tools to identify the likely presence of contaminants at a site, and are recommended to meet due diligence standards for property acquisition. While Phase I ESAs are typically prepared to meet ASTM standards, not all Phase I ESAs provide equal value. Rincon tailors a Phase I ESA to meet client and project specific needs, and ensures that the most relevant information is clearly described and easily accessible. For this contract, Rinron will perform Phase I ESAs in accordance with ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, but using strategic approaches tailored to meeting the City's needs. Phase I ESAs will be performed by support staff under the supervision or responsible charge of a qualified Environmental Professional as defined in ASTM E1527-13. The scope of work for a Phase I ESAs is detailed in ASTM E1527-13 and consists of four tasks: Records Review, Site Reconnaissance, Interviews, and Report. • Record Review. A records review will be conducted to help identify potential environmental liabilities associated with current and past uses of the project site The review will include both environmental information and historical use information readily available in public records and the records maintained by the City, as well as performing a computer database records search in accordance with minimum search distances and required database specified in ASTM E1S27-13. Environmental agency file reviews will be conducted for unauthorized release sites that tall within a project site, adjacent properties, or nearby properties that would be expected to impact the site. Applicable historical use information will also be assessed by a review of two or more of the following! Sanborn Fire Insurance maps, city directory listings, USGS topographic maps, aerial photographs, and building permit files. In addition, property tax records, chain of title reports, or lien search reports, will be reviewed, if provided by the City. • Site Reconnaissance. Rincon will coordinate with the City to appropriately acres .i site and conduct a reconnaissance t.o identify obvious pot.enhal environrnent.al liabilities. Irnrnediat.ely adjacent. properties (as accessible) will be visually inspected from public thoroughfares. Site use practices that may have impacted the property will be reviewed, including: storage tanks, drums and containers, rhemirnl/waste stnrage, stained soil and stressed vegetation, drains, sumps, solid waste, and wells. Rincon also provides in-house Unmanned Aircraft System (UAS)/Drone services that can be utilized for large undeveloped or difficult to access areas to capture high resolution aerial imagery that can be reviewed to identify potential environmental liabilities. • Interviews. Rincon will conduct interviews with site owners, or a designated representative of a site owner (as identified by the City), past site owners, and occupants/tenants to obtain additional information regarding past and present site uses as they may have affected the property. Rincon will 10 City Council 15 — 29 7/6/2021 EXHIBIT 1 Scope of Services coordinate with the City for authorization to contact the proposed interviewees and to obtain the contact information. Reports. Rincon will prepare reports in accordance with the requirements of ASTM E1527-13. The reports will document the information and findings of the research conducted in the above tasks, Include a series of maps Identifying existing site and nearby land uses and provide conclusions regarding the potential presence and impact of environmental site conditions. The Phase I ESA report will be signed by the Environmental Professional and will include the required declaration statement. For reports covering large areas, Rincon may also present the data in an ArcGIS Web Application that allows for the user to easily view the site boundaries, adjacent property land uses, areas of potential environmental concern and quickly access detailed additional information on items of concern in do interactive, interned -based formal. The benefit of using do ArcGIS Web application allows the technical documentation and data to be located in one place for reference. Further, if the Phase I ESA moves to a Phase II ESA, the Phase II ESA data can be included in the ArcGIS Database to build upon the Phase I ESA allowing one central database for the technical reports and spaLial data for a project. The objective of a Phase II ESA is to evaluate the nature and extent of contamination and to assess the significance of the contamination relative to established threshold levels or some other risk -based criteria. Phase II ESAs will be developed by Lhe Phase II ESA TA Manager in coordindlion will, Lhe PM, who is a California -licensed Professional Engineer, and the PIC, who is a California -licensed Professional Geologist and Certified Hydrogeologist. We understand that a Phase II ESA project under this contract may involve assessment of soil, groundwater, soil vapor, water pipelines and related infrastructure materials, and/or building materials. Assessment is typically conducted in phases, which may include a preliminary site assessment, one or more subsequent phases of assessment, periodic monitoring, risk assessment, and an evaluation of risk - based cleanup levels. The assessments also involve working within established regulatory agency guidelines for assessment and reporting. I hat said, Rincon approaches Phase II tSAs holistically; we balance the benefits of a phased approach with the benefits of optimizing data collection during a single mobilization to meet project deadlines. While each project will be scoped, developed, and implemented consistent with the City's needs and relevant site -specific information, our approach to Phase II site investigations will include the following tasks. • Work Plan. After the initial kick-off meeting with the City (and potentially a regulatory oversight agency, if applicable), Rincon will develop a scope of work to achieve the established goals of the assessment. A work plan will be prepared that details the following! project objectives; site history and background; regulatory framework; pre -field work tasks (e.g., permitting, notifications, utility clearance, etc.); site assessment tasks —methodology and procedures; laboratory analysis; quality assurance/quality control; reporting; and project schedule. • Health and Safety Plan. Prior to commencement of an assessment, a site -specific health and safety plan (HSP) will be prepared. For complicated sites or site with high levels of contamination, an additional review may be performed by Rincon's Health and Safety Officer pending site conditions. A site safety meeting will be held whereby all field personnel will be informed of possible site conditions and provided with a copy of the HSP. During the field work, daily tailgate meetings will be held prior Lo Lhe commencement of each day's activities and a copy of Lhe HSP will be onsiLe aL all Cit Colfincil 15 — 30 7/6/2021 Rincon onSutWTS,lnc. I EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division times. All site personnel, subcontractors, and visitors who enter the exclusion zone will be required to sign the HSP form on a daily basis. • Sampling of Desired Media. Upon receipt of the city's approval of a work plan (and regulatory oversight agency approval, if applicable), samples will be collected by support staff and overseen by the project manager. Samples can be obtained using a varlety of methods, Including, but not limited to, surface grab sample, shallow hand auger sample, backhoe sampling, high-flow/low-flow groundwater sampling, soil vapor sampling, direct push sampling, or hollow -stem auger or air rotary drilling. As described in Section 6.1, Rincon has assembled a team of subcontractors capable of supporting anticipated project needs. The appropriate sampling methodology is dependent on the following: suspected source of contamination (point source versus non -point source); suspected type of contaminant (volatile or non-volatile); media affected (soil, groundwater, and/or soil vapor); anticipated depth of contamination; and soil/geologic conditions at a site. Depending on the scope of work, soil vapor wells, soil vapor probes, groundwater monitoring wells, groundwater extraction wells, or other sampling devices may need to be installed at a site. Permits for wells will be obtained, if necessary. Licensed professionals will perform or oversee the installation of sampling devices, where applicable. Prior to any subsurface assessment, underground Service Alert utility notification service will be contacted and the area to be disturbed will be identified. In addition, the proposed locations will be provided to the City for the identification of possible subsurface utility conflicts. Laboratory Analyses. Depending on the project schedule and budget, samples will be analyzed through an onsite laboratory (for very quick turn -around projects) or through a fixed laboratory (standard schedule project). A California-certlfled laboratory approved by the City will perform all analyses. Data Analysis and Reporting. Sample analytical results will be tabulated and maps depicting sample collection points and pertinent data will be prepared. The data analysis will include a discussion of the nature and extent of contamination, and recommendations for follow-up work, if needed. Site closure, if appropriate, will be considered following all assessments. Additional assessment, remediation, or health risk assessment will be considered if site closure does not appear to be a viable alternative. All aspects of the Phase II ESA will be conducted under the direct oversight of a California Professional Geologist, or a California Professional Civil Engineer. Our on -staff California Professional Geologist, or a California Professional Civil Engineer, will sign and stamp all assessment reports. t .4 A !t Ilflczrft l rechriicd Skjdies Besides historic and the site assessment work described above, under our current on -call contracts with the City, we have prepared or peer reviewed technical studies for air quality, greenhouse gas emission, noise and vibration. Our environmental planning professionals are skilled in the preparation of a broad range of technical studies in support of the CEQA and NEPA documents, including air quality, aesthetics, biological resources (wetland delineation, special status species analysis), noise, and greenhouse gas emissions. Often, these studies are performed prior to flnallzatlon of a proposed project to assist project design teams in developing a project that avoids or minimizes significant environmental effects at the design phase. These studies have included, for example, simple special -status species surveys used In SITP SP.IP.Ctioo and fP.aSlhlllty, aS well aS more detailed prnTOCOI level surveys to meet Specific ordinance and perrniLling agency requirernenLs. Our environrnenral planning learn has also supporLed the City with the development and implementation of mitigation monitoring and reporting programs, 12 City Council 15 — 31 7/6/2021 EXHIBIT 1 Firm or Personnel Experience including revegetation and habitat restoration that may arise through the environmental planning process. Rincon has extensive experience preparing the types of technical reports that might be required by the City under a contract for environmental impact analysis. The following report products can all be prepared in-house by our qualified team: • Air Quality Study • Noise and Vibration Impact Study • Biological Resource Assessment • Greenhouse Gas Emissions Health Risk Assessment • Hydrology/Water Quality Study • Water Supply Assessment • Photometric and Light Studies • Environmental Permitting As stated previously, when detailed studies for transportation concerns are required, we have an excellent and long-standing relationship with Ganddini Group, who is specifically qualified for transportation impact assessments. Most recently, we have collaborated with Ganddini Group for the La Ville Soled Mixed -Use Project in the City of San Gabriel, Vincent Place Residential Project in the City of West Covina, and the 7650 Balboa Boulevard Project in the City of Los Angeles. See their qualifications in Section F.1, below. ID. IFiliriu m or II@ irs inin el- IExperience D.1 0n (.r,j11 Experic..wice Rincon offers extensive experience providing on -call environmental services to California municipalities and our team brings unique qualifications to assist with ensuring that projects will be managed in an efficient, transparent, and ethical manner. Our staff have experience managing, processing, and reviewing various types of projects ranging from simple to complex discretionary actions. Our clients have corne to expect a high degree of interaction with community members and organizations, internal public agency staff, and decision -makers. A partial list of such clients with whom we arc contracted for on -call environmental services includes the following: On -Call Services City of Santa Ana '---------------------------------------------------------------------------------------------------------------------------------------------------------------------' CEQA/NEPA Services, Site Assessment 2004 - Open City of Alhambra CEQA/NEPA Documentation 2016 - 2019 City of Calabasas '---------------------------------------------------------------------------------------------------------------------------------------------------------------------' CEQA Services, Technical Studies 2014 - Open City of Claremont CECA Services, Technical Studies 2010 - 2016 City of Eastvale '---------------------------------------------------------------------------------------------------------------------------------------------------------------------' EIR Preparation 2015 - Open City of Fullerton CEQA, Services, Technical Studies 2020 - Open City of Long Beach '---------------------------------------------------------------------------------------------------------------------------------------------------------------------' Environmental Services 2015 - Open City of Los Angeles — Bureau of Environmental Documentation and 2020 - Open Enaineennv Environmental Soecialtv Studies Cit Co�incil 15 — 32 7/6/2021 Rincon onSutWTS,lnc. 13 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division City of Los Angeles — City Planning Environmental Services of Los Angeles — Housing Authoritv Environmental Services City of Los Angeles — Recreation ,and Parks City of Los Angeles —City Planning Department and Office of Historic Resources (OHR) City of Malibu Environmental Impact. and Sile Assessment Four contracts tar Environmental Documentation (long and short range), Technical Studies and Historic Studies 2017 - Open 2018 - Open 2015 - 2018 '------------------- 2015 - Open Contract Plannine. Biological Consulline 2014 - O City of Santa Monica —Airport Environmental Services 2015 2018 '---------------------------------------------------------------------------------------------------------------------------------------------------------------------- City of Ventura CEQA Consulting/Contract Planning 201S - Open California Department of Transportation Biological Resources California State University System CEQA Consulting Services 2016 - 2020 2012 - 2018 County of Los Angeles — Department of Environmental, Permitting and Biological 2017 -Open Beaches and Harbors Consulting County of Los Angeles — Community CEQA/NEPA Compliance, Site Assessment 1998 - Open Development Authority (LACDA) Metropolitan Water District of Southern Environmental, Permitting and Biological 2011 - Open California Consulting Part of Long Beach Environmental Site Assessment Services 2015 - 2017 '---------------------------------------------------------------------------------------------------------------------------------------------------------------------- Port of Los Angeles CEQA Peer Review Services 2014 2017 San Diego County Water Authority Site Assessment Services 2015 - 2019 '---------------------------------------------------------------------------------------------------------------------------------------------------------- Southern California Gas Company Environmental, Permitting, and Biological 2001 - Open Consulting United Water Conservation District Water Resources 2016-Open '---------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1),2 K:e:y Stciff Detailed resumes for the individuals below are compiled in Appendix A and brief biographies are provided in the following section. Mii31rrooa.-;l Llnrme1n1 "riequirin Deanna Hansen. I Senior Principal Education: BFA, Graphics, California State University, Fullerton Role: Principal -in -Charge Ms. Hansen has over 20 years of experience in environmental consulting and has contributed to a wide variety of residential, commercial, and industrial projects. She has developed a well-balanced expertise in environmental compliance for a variety of development projects in addition to remediation projects, specializing in CEQA/NEPA compliance. She has developed a level of understanding required to clearly explain technical concepts and issues for public comprehension, particularly for projects that include complex technical analyses and controversial public policy and planning issues. 14 City Council 15 — 33 7/6/2021 EXHIBIT 1 Firm or Personnel Experience As a Principal with Rincon, Ms. Hansen provides strategic guidance, project oversight, workload and personnel management, training, and serves as a client and agency liaison for projects located throughout California. Ms. Hansen's major clients include state agencies, cities/counties throughout California, ports, developers of residential, commercial, industrial, and mixed -use projects, major hospitals, museums and other cultural organizations, and primary and secondary educational facilities. She has been the Principal -in -Charge for Rincon's current on -call contract with the City since 2019, and has overseen the preparation of seven NEPA and CEQA documents. In addition to her experience with the Cityof Santa Ana, she has recent experience with the cities of Laguna Beach, Fullerton, Long Beach, Malibuand Los Angeles. In addition, Ms. Hansen has developed sound working relationships with many State and local agencies along with a solid understanding of their practices, procedures, and preferences. Susanne HLwr¢a, VILIP, AICP I Supervising Planner Education: Master of Urban Planning, Robert Wagner Graduate School of Public Service, New York University BA, Geography, University of California, Los Angeles Certification: American Institute of Certified Planners, #026358 Role: Project Manager, Primary Contact Ms. Hucrta is responsible for managing and preparing environmental and planning documents and technical impact analyses for a variety of projects. Ms. Huerta has extensive experience conducting and preparing environmental analyses in accordance with CEQA/NEPA. Her experience includes a wide range of projects for residential and commercial development, recreation and open space, and utility -scale electrical and water developments. She has managed the environmental analyses for the LIR Addendums for the 4" and Mortimer and First American Mixed Use Projects, and she provided CA/QC project management for the Westview Housing Project IS-MND. Ms. Huerta is currently managing CEQA and NEPA environmental documents for residential and commercial projects throughout Southern California. Her recent experience with developments has been projects located in the cities of Los Angeles, West Hollywood, Pasadena, Compton, Burbank and Santa Ana. "fras�•lhlnlicall 'reaun, Van.+essa Villanueva I Associate Environmental Planner Education: BS, Environmental Science, University of California, Los Angeles Role: Project Planner Vanessa Villanueva is an Associate Environmental Planner for Rincon's Environmental Sciences and Planning group responsible for preparing environmental and planning documents, assisting with public and private sector contract planning services, and providing technical impact analyses for a variety of projects. She has experience preparing and editing environmental analyses in accordance with CEQA and NEPA for infrastructure, housing and urban development, and long-range planning projects. Her recent experience has been projects located in the cities of Santa Ana, Laguna Beach, Long Beach, Los Angeles, West Covina, Walnut, Pomona, Compton, San Gabriel and Pasadena. She has managed and assisted with the environmental analyses for several recent CEQA and NEPA projects in Santa Ana, including, but not limited to, the Westview Housing Project IS MND and EA/FONSI, 41h and Mortimer EIR Addendum, Crossroads at Washington Housing Project EA/FONSI, Bishop Street and Raitt Street Of Council 15 — 34 7/6/2021 Rincon onSutantS,lnc. 15 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division Rehabilitation CESTs, Hcningcr Park Street Improvements Phase I and Phase II CESTs, and the Santa Ana Main Library Renovations CEST. Her responsibilities include performing research and analysis and/or completing assignments within agency offices and for private sector clients; preparing CEQA and NEPA environmental assessments and technical studies; assisting with the preparation of General Plans and other comprehensive planning documents; conducting field work necessary to complete high quality technical noise studies; and interacting with various members of public agency and private client staff on matters related to land use planning, CEQA/NEPA compliance, and land development application processing. She is fluent in Spanish. IHiI.I. Vosti.., IMESIM I Environmental Scientist Education: MESM, Bren School of Environmental Science & Management, University of California, Santa Barbara BA, Journalism, California State University, Chico AS, GIS, San Diego Mesa College Role: Air Quality, GHG and Noise Analyst Bill Vosti has over six years of experience preparing air quality, greenhouse gas emissions, and noise technical analyses in accordance with CEQA and NEPA. Mr. Vosti is proficient with various noise prediction models (e.g., Federal Highway Administration Traffic Noise Model, Roadway Construction Noise Model, Federal Aviation Environmental Design Tool, SoundPlan, and Computer -Aided Noise Abatement) and air quality/greenhouse gas models (e.g., EMission FACtors Model series, American Meteorological Society/Environmental Protection Agency Regulatory Model, I lotspots Analysis and Reporting Program, and California Emissions Estimator Model series). Bronroa Vredeveld, INI.IE:Sc I Senior Biologist Education: MESc, Yale University, The School of Forestry and Environmental Studies BA, Environmental Studies, Wellesley College Professional Certificate in Spanish/English Translation, UC San Diego Extension Role: Biological Resources Ms. Vredeveld has over ten years of experience in ecosystem monitoring and reporting, natural resources planning, and federal and local regulatory processes, particularly at the urban-wildland interface. Her diverse work experience includes a broad cross-section of clients and partners in California and Latin America covering long-range natural resource management plans, research, social and environmental assessments, CEQA, NEPA, Endangered Species Ad, Clean Wafer ACL, coordinating interdisciplinary collaboration, and Geographic Inforrnafion Sysferns analyses. Her responsibilities at Rincon include biological resources project management, preparation of complex technical reports, constraints analyses and habitat assessments, agency permitting packages, managing environmental rnmpliance monitoring, cnnrdinating with regulatory agencies nn hehnlf of clients, supervising staff, and directing subconsultants. She advises clients on developing the most appropriate biological resources assessment, compliance, and mitigation strategies for their projects and performs Lechnical QA/QC of biological resources deliverables. For Lhe last. Len years she has managed projects for local, State, and federal agencies across southern California's unique habitats. She is fluent in Spanish. 16 City Council 15 — 35 7/6/2021 EXHIBIT 1 Firm or Personnel Experience fitcvcru "P'ir0fer,, II0.ri1F P I Senior Architectural Historian Education: MHP, Historic Preservation; University of Southern California, Los Angeles Graduate Certificate Program, Architecture & Urbanism; University of Southern California, Los Angeles BA, European I listory; University of California, Santa Cruz Training: Section 106 Compliance Training; Society for American Archaeology CEQA Training, California Preservation Foundation Role: Cultural Resources, Built Environment Mr. Treffers is a Senior Architectural Historian with experience as a historic preservation professional; he meets and exceeds the Secretary of the Interior's (S01) Professional qualification Standards for History and Architectural History. He has a wide range of experience with projects involving historic resources and requiring compliance with Section 106 of the NHPA, CEQA, and numerous local ordinances. Mr. Troffers also has direct experience with residential property, schools, and planned facilities, and is familiar with the unique challenges and opportunities these resources present. For these efforts, Mr. Treffers has managed and conducted historic resource surveys using NRHP Multiple Property Documentation -format historic contexts statements, evaluating buildings, structures, and objects for federal, State, and local eligibility both individually and as contributors to historic districts. IFty;uin "P'Ihadner,. PhIE), IPIF I Environmental Site Assessment Education: PhD, Environmental Engineering, University of Southern California B5, Chemical Engineering, University of California, Santa Barbara Certification: Licensed Professional Civil Engineer (California), H87757 Role: Environmental Site Assessment, Soils Testing, and Lead Ryan Thacher, PhD, PE will serve as the Phase I and Phase II lead for this on -call contract. Dr. I hacher is a seasoned project manager who emphasizes a client - centric risk -based management approach to achieve project goals efficiently and cost-effectively. He promotes clear and frequent communication with oversight agencies and project stakeholders to minimize interruptions to project schedules. Dr. Thacher has successfully managed several on -call contracts for site assessment and remediation services, including with the Los Angeles Community College District, the Los Angeles County Community Development Commission, and the City of Los Angeles, LA Sanitation and Environment, and has managed large-scale environmental assessments for linear development projects. Dr. Thacher has over 11 years of experience in environmental regulatory compliance, evaluating the environmental fate and transport of chemical constituents, water resource management, and remediation. He is also experienced in storm water perrniLLing and compliance under Lhe Industrial General Permit and Municipal Separate SLorrn Sewer System programs. Cit Col�ncil 15 — 36 7/6/2021 Rincon onSutantS,lnc. 17 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Housing Division I E. IRelevairvt Experience On•Ccallll IEnnnllrmn,imenta:all Consuallthing CoinIrcacts [th the IPllcalrnniri ng and BuaIlldhing Agency and Coin nfriq i nilify IDevellopmeant Agency Reference Info: Ali Pezashkpour, AICP, Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, California 92/02 714-647-SS82 I APezashkoourPsanta-ana.ore Dates: 2006 to Present Staff: Deanna Hansen, Principal -In -Charge Susanne Huerta, Project Manager Vanessa Villanueva, Project Manager Shannon Carmack, Senior Historian/Principal Steven Treffers, Senior Historian Budget:Ranges from approximately $2,500 to $10,000 for NEPA CE or EA Ranges from approximately $40,000 to $60,000 for CEQA MIND or EIR Addendum Approxirnalely $1,100 for asbestos and lead -based paint surveys Since 2014, Rincon has provided CEQA/NEPA documentation and consulting services to the City of Santa Ana's Planning and Building Agency. Under the current three-year on -call contract, Rincon has prepared an 15-MND and Addendums to the Transit Zoning Code EIR for two mixed use projects in the central urban core of Santa Ana. Under our on -call contract with the Community Development Agency, Rincon works closely with the Housing Division to prepare EAs and CEs (subject to and not subject to Section S8.5 of 24 Code of Federal Regulations [CFR]) under NEPA, and we are also contracted tar CEQA documentation, ESAs, soil testing, and ACM/LBP surveys. Recent projects under both contracts have included: • Westview Housing Project IS-MND • 4"' and Mortimer EIR Addendum • 4'-'and Main Mixed -Use EIR Addendum • 203-21 S N. Harhnr Rnulrvard Rosirlential Project EA/FONSI • Heninger Park Street Improvements Phase I CEST • Crossroads at Washington Housing Project EA/FONSI • Francis Xavier Residence EA/FONSI • Legacy Square Housing Project EA/FONSI • Heninger Park Street Improvements Phase II CEST • Bishop Street Rehabilitation CEST • Raitt Street Rehabilitation CEST • Capital Improvements— Ivy Installation Project CENST • Santa Anita Soccer Field Project CEST • Three Park Restrooms Renovations CEST • Santa Ana Main Library Renovations CEST • Three asbestos and lead based paint surveys 18 City Council 15 — 37 7/6/2021 EXHIBIT 1 Relevant Experience Wesdville w IHIoue ing Piroe ct IIS-M11,413 r I r nI . m to P ,all Reference info: Selena Kelaher, AICP, Associate Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, California 92702 714-667-2740 1 SKelaher@santa-ana.org Dates: Seplernber 2020 to Februdry 2021 Budget: $41,241 Scope of Work: • Preparation of CEQA IS-MND • Preparation of the NEPA EA • Preparation a Cultural Resources Assessment Staff: Deanna Hansen (Principal -in -Charge), Susanne Huerta (Project Manager), Vanessa Villanueva (Assistant Project Manager) The Westview Residential Project involved the construction of three, three- and four- story residential buildings consisting of 85 affordable housing units as well as indoor common areas for community space, open space areas, and 144 surface parking spaces. The project site is approximately 92,400 square feet(2.12 acres)located at 2514 and 2534 Westminster Avenue. The City's General Plan land use designation for the site was General Commercial (GC), and the Toning was Commercial General (C2). The site was vacant, although a portion of the site was paved and used as a parking lot. The project required the approval of a General Plan Amendment to change the land use designated to Urban Neighborhood (UN), and an Arnendrnenl Application was required to allow d Lune change to Specific Development. IHirst Annelri'Coaln Miixed-Use: IPlropecf IEIIIR Atd(:dendµyrn I r o ;,-. r a: 9 A 9 Reference info: Ali Pezashkpour, AICP, Senior Planner City of Santa Ana, Planning Division 20 Civic Center Plaza, M-20 Santa Ana, California 99702 714-647-5882 I APezashkoourrPsanta-ana.org Dates: April 2019 to January 2020 Budget: $66,433 Scope of Work: 111 Preparation of technical studies Preparation of CIR Addendum Staff: Deanna Hansen (Principal), Susanne Huerta (Project Manager), Steven Treffers (Senior Architectural Historian), Vanessa Villanueva (Planner) Of Co�rncil 15 — 38 7/6/2021 Rincen onsutants,lnc. 19 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Rousing Division Rincon Consultants prepared an Addendum to the EIR for changes to the previously approved Transit Zoning Code (TZC), for which the City of Santa Ana certified a programmatic Final EIR in 2010.The 2010 FtIR consists of a programmatic analysis of the TZC that provided new zoning for all of the properties within the central core of the City, an area that consists of over 100 blocks and 4S0 acres. I he proposed project involved construction of a new commercial/residential mixed -use development consisting of 12,350 square feet of commercial space and 220 residential units on two parcels in downtown Santa Ana, within the TZC area. As part of the project, the historical facades of the existing First American building at 114 E. Fifth Street were be preserved and incorporated into the facades Into the new mixed -use bullding. Rincon prepared a cultural and historic resource Investigation that conformed to set standards for CEQA and NEPA, and Section 106. Additional issues examined included air quality, noise, and traffic. 411, g. Morlil!Iriteir II'rc)pC CJ1 IEIR Addeilidu.ulrru Cr 3 , 0A,ca Reference Info: Pedro Gomez, AICP, Associate Planner City of Santa Ana Planning and Ruilding Agency 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, California 92702 714-667-2790 I PGomec@Santa-ana.org Dates: September 2020 to December 2021 Budget: $49,672 Scope of Work: • Peer review of technical studies • Preparation of Cultuml Resnurres Assessment • Preparation of a EIR Addendum Staff: Deanna Hansen (Principal -in -Charge), Susanne Huerta (Project Manager), Vanessa Villanueva, Steven Treffers Rincon was retained by the City of Santa Ana to prepare an Addendum to the Final EIR for the TZC for 4°' and Mortimer Project located within the TZC area. Northgatc Gonzalez and Red Oak Investments proposed to develop a mixed -use residential and commercial development that consisted of 163 residential units and 5,553 square feet of commercial/retail space on two city blocks, 409 E. 4th Street (Block A) and S09 E. 4th Street (Block B). The project required the following discretionary actions subject to approval by the Planning Commission and City Council: a site plan review, a zone change from Urban Neighborhood 2 (UN-2) to Urban Center (UC) for Block B, and a voluntary lot merger for multiple underlying legal lots on Block B. The Project involved the demolition of two existing buildings, Northgatc Gonzalez Market and Munoz Auto & Tire Repair, and ancillary structures on the project site 20 City Council 15 — 39 7/6/2021 EXHIBIT 1 Relevant Experience Rincon conducted peer reviews of the air quality, GHG and noise traffic analyses, and a new cultural resources study for the EIR Addendum. Rincon teamed with Ganddim Group who conducted a peer review of the transportation analysis. 4II4 Croa:lK..eir SfireoI Alga irlllrilwiin6.s IPIroy ca cf 5ulsfcfliincilblle- Coirnirriiiyu-itf es IlalrolIc?ctt C E:QA IL: xx," Iran ll.A ii o Irn Reference Info: Debbie Chen, Senior Project Manager Little Tokyo Service Center 231 East Third Street, Suite G-106 Los Angeles, California 90013 213-473-3030 1 dchen(i)LTSC.ore Dates: September 2019 to January 2021 Budget: $31,954 Scope of Work: Preparation of Sustainable Communities Project CFQA Fxernption Staff: Deanna Hansen (Principal -in -Charge), Susanne Huerta (Project Manager), Vanessa Villanueva �!!!lJ IJI,fI°l/((((nroiilllUlr if /////IJi/i /i I,IGnil Rincon prepared a Sustainable Communities Project (���� IkM '' Ii '""�, jNVIJII"r��%�Xr CEQA Exemption (SCPE) for an affordable housing ..,� (lirrm� r i71'I/%L�//��� project located at 414 Crocker Street in the Little Tokyo neighborhood of Los Angeles, on the site of Lhe Ir'; former Umeya Rice Cake Factory. The project involved Midi q� y / demolition of the existing manufacturing building and ronstniction of n residential building that included up '' to 180 affordable housing units. The project required approval of a general plan amendment, zone change and subdivision entitlement. However, the project was a rnixed-use development located in a transit priority area, which included residential, commercial and community uses on -site, located within walking and bicycling distance of a variety of retail, restaurant, employment and services uses, as well as numerous transit opportunities. In addition, the proposed redevelopment of the site was found to be consistent with the goals and policies of the Southern California Association of Governments' Regional Transit Plan/Sustainable Communities Strategy (RTP/SCS), and therefore, qualified for the Sustainable Communities CEQA exemption. Los ILiilriios Mllxed-Use I("II'43,Ie�ct SusR.Air alolle a' o irlfnlrlfnuiniillies IE iniviiii-cmim Qau"nttdl Afisessirir(eintt 14 Ir 1—. n, f ,a......,.Kp 0 M,..:n Reference Info: Brandie Gordon, Project Manager BRIDGE I lousing 5120 West Goldleaf Circle, Suite 120 Los Angeles, California 900S6 424.419.5100 1 bgordon@bridgehousing.com Dates: March 2020 Budget: $8,000 Scope of Work: • Preparoborr of d Suslainable COmrn Unibes Fnvironmental Assessment Staff: Deanna Hansen (Principal -in -Charge), Susanne Huerta (Project Manager), Vanessa Villanueva Cit Co�lncil 15 — 40 7/6/2021 Rincon onsutants,lnc. 21 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Rousing Division Rincon prepared a Sustainable Communities Environmental Assessment (SCEA) for an affordable housing project located at 111-121 S. Soto Street and 2316-2328 E. 1st Street in the Boyle Heights community of Los Angeles. BRIDGE Housing proposed a project that involved development of a five -story mixed -use affordable housing building consisting of 63 affordable units and one market -rate manager's unit, and � ,265 square feet of ground floor commercial space. I he project is located next to a LA Metro subway station. Rincon's breadth of expertise allows us to perform most of the tasks necessary for the preparation of environmental documents in-house, but Rincon does also work with various subconsultants to provide additional expertise on certain topics, like transportation and traffic. For this contract, to augment our in-house capabilities we have partnered with Ganddini Group, Inc. tar traffic engineering services. C Q , f m 1 -. f,r)" .1 I -A to S ','a f-. Ganddini Group, Inc. is a specialized transportation and environmental consulting firm dedicated to helping our clients succeed through a context -sensitive and cost-effective approach to every project. Any work associated with this request will be performed from our main office in the City of Santa Ana, California: Our team transportation consists of licensed engineers and highly qualified environmental specialists offering the following services: • Traffic Impact Analysis • Transportation Demand Management Plans • Vehicle Miles Traveled Analysis • Trip Generation Studies Traffic Control Evaluations • Site Access and Circulation Review • Neighborhood Traffic Calming • Multimodal and Complete Streets Planning • Parking Analysis • Peer Reviews Ganddini Group has serviced over 300 projects since its founding in 2018 — a testament to the strong working relationships our staff have developed over previous years with a range of clients, including planners, engineers, architects, developers, landowners, property managers, and public institutions and agencies. Proudly serving California with offices in Orange County and Palo Alto, we strive to continue building on trusted working relationships by applying our professional expertise with integrity and with every effort to make a positive contribution to the projects and communities in which we are involved. 22 City Council 15 — 41 7/6/2021 EXHIBIT 1 Subccnsultants F.2 Envlrc}Ir7nierIIc:i I SItF. Ass e. sssrrli�'.rnI l,.)b ;;r. nIIorsi Based on the scope of services anticipated to be completed under this contract, Rincon has assembled the following team of trusted project partners, who we will propose to provide environmental site assessment services in support of projects under this contract, as needed. Rincon will work with the City to meet SBE and DBE requirements for each task. Rincon has worked with each of the subcontractors listed below, and has been impressed with their quality of work, flexibility, responsiveness, and cost - efficiency. Aururn Industrial Hygiene BC2 Environmental Belshire Environmental Services, Inc. Calvada Surveying Enthalpy Analytical H&P Mobile Geochemistry SBE/WBE/DVBE/MBE SBE SBE/WBE SBE/DBE/MBE/DVBE SBE/WBE/Local American Integrated Services, Inc. MBE Subsurface Survey & Associates SBE DBE Disadvantage Business Enterprise DVBE Disabled VeLeran Business Enterprise MIRE — Minority-Uwnfld RUSInPSq EntOrprise Health and Safety/Industrial Hygiene Driller Waste Management Land Surveying Analytical Laboratory Driller, Analytical Laboratory, Mobile Laboratory Remediation and Hazardous Materials Geophysical Surveyor SBE — Small Business Enterprise WBE Wornan-owned Business Emerprise 25 28 30 32 28 22 23 33 Cit Co�incil 15 — 42 7/6/2021 Rincon onsutants, lnc. 23 EXHIBIT 1 City of Santa Ana On -Coll Environmental Review Services for Rousing Division Refeirences The Consultant shall submit a list of references comprised of a listing of work similar to that identified in the RFP. We invite you to contact any of the individuals listed below regarding our qualifications, skills, and project management. Contact: Ali Pezashkpour, AICP, Senior Planner '-------------------------------------------------------------------------------------------------------------------------------- Address: 20 Civic Center Plaza, M-20, Santa Ana, California 92702 Phone and Email: 714-647-5882 1 APezashkpour@Santa-ana.org Business Relationship: On -Call consultant for environmental services Contact: Donald Dean, Environmental Officer ----- -------------------------------- 700 West Main Street, Alhamhra, California 91801 Phone and Email: 626-586-1740 I Donald.Dean@Iacdc.org --- ----------------------------------- BUSiness Relationship: On -Call consultant for environmental services Contact: Christopher Koontz, Planning Manager Address: 311 W. Ocean Boulevard, Sth Floor, Long Beach, California 90802 --- ------------------------------------------------------------------- and Email: 562-570-6288 1 christopher.l<oontz@longbeach.gov Business Relationship: On -Call consultant for environmental services ----- -------------------------------------------------------------------------- Please see Appendix B — Exhibit B for Rincon Consultants fee schedule. 24 City Council 15 — 43 7/6/2021 EXHIBIT 1 MUM Resumes of Key Personnel City Council 15 — 44 7/6/2021 EXHIBIT 1 EDUCATION BFA. Graphics, California State University, Fullerton AFFILIATIONS AssndAGnn of Frw,rmimPm Al Professionals American Planning Association YEARS OF EXPERIENCE 20 Rincon Consultants, Inc. Lnvironmentcd Scientists Planners Lnyinears Deanna M. Hansen Principal Ms. Hansen has over 20 years of experience in environmental consulting and has contributed to a wide variety of residential, commercial, and industrial projects. She has developed a well -balance expertise in environmental compliance for a variety of development projects in addltlon to rernedlatlon projects, speclali2ing In CEQA/NEPA compliance. She has developed a level of understanding required to clearly explain technical concepts and issues for public comprehension, particularly for projects that include complex technical analyses and controversial public policy and planning issues. As a Principal with Rincon, Ms. Hanspn provides strategir guidancp, prnjprt oversight, workload and personnel management, training, and serves as a client and agency liaison for projects located throughout California. Her major clients include state agencies, cities/counties throughout California, ports, developers of residential, commercial, industrial, and mixed -use projects, major huspil.db, rnuseunb and ulher culLural organizations, Primary and secund-dry educational facilities. In addition, Ms. Hansen has developed sound working relationships with many state and local agencies along with a solid understanding of their practices, procedures, and preferences. SELECT PROJECT EXPERIENCE Principal, City of Santa Ana — Community Development Agency, Santa Ana Ms. Hansen is providing strategic guidance to the City of Santa Ana Community Development Agency. Rincon has prepared the environmental documentation for a variety of projects including affordable housing developments, parks projects and street improvements. Many of the projects include preparation of the environmental documentation required under NEPA, because the City sought federal funding for the repair work, which needs Lo be approved by Lhe Department of Housing and Urban Development (HUD). Principal, City of Long Beach — On -call, Planning & Affordable Housing Consultant Services, Long Beach Ms. Hansen is providing strategic guidance to the City for environmental services (CEQA/NEPA), technical studies and planning staff services. Environmental services include preparing the appropriate documents for public and private development projects, peer review, preparation of compliance reports, provide expert testimony and provide coordinaLion and consulLeLion wiLh rnajor stakeholders and governrnenL agencies- Planning tasks include, but are not limited to, development of planning documents, update of City zoning code, attendance at public hearings and zoning audil.S. Project Director, City of Calabasas — On -Call Contract, City of Calabasas Ms. Hansen is the Project Director for ESA's on -call contract with the City of Calabasas for CEOA document preparation, geotechnical studies, biological assessments and other technical reviews, review of proposed projects and documentation from other jurisdictions surrounding the City, and compliance monitoring and repur Ling regarding approved mitigation measures. ESA staff provides oak tree damage assessments for the code enforcement department, reviews tree reports prepared by City -approved arborists, and provides oak tree damage and appraisal reports. Council 15 — 45 7/6/2021 EXHIBIT 1 Deanna M. Hansen, Page 2 Principal, City of South Pasadena — On -call Planning and Entitlement Review Services, South Pasadena Ms. Hansen Is pruviding strategic guld-ance for entltlernent, environmental planning and other planning services to the City on an as -needed basis. Tasks include, but are not limited to, ensuring consistency with the General Plan, Zoning Ordinance (including Hillside Protection regulations) and the Cultural Heritage Ordnance; design guideline review for residential and commercial structures; and soils and grading, drainage, and design compatibility. Project Director/Manager, Orange County —Saddle Crest Homes Project EIR, Orange County Ms. Hansen provided strategic guidance and was the day-tn-day project manager on this complex and rnntrnvarsial project in Orange County. Working, with the County and the applicant, Ms. Hansen coordinated and participated in meetings with County staff, the applicant's team, and the public to help facilitate the preparation of the EIR and associated technical studies. The project includes the development of 65 residential homes on an approximately 113.7-acre bile. The EIR dUCUITIenLed POLenLial irnpacLs abbOcidLed with irnplernentation Of Llie project, including amendments to the Foothill/Trabuco Specific Plan (F/TSP) and the Orange County General Plan to allow for a clustered design on the site and update methodology for analyzing traffic impacts in the project area. The EIR also includes a side -by -side analysis of a non -clustered scenario that meets all the requirements of the F/TSP. The project was approved by the County Board of Supervisors and the EIR Survived a legal challenge by local opponents. Project Manager, Orange County— CEQA Guidance Regarding Affordable Housing Provisions, Orange County Ms. Hansen provided strategic guidance and presented various available options to the County of Orange regarding the development of an appropriate CEQA strategy and approach to implement the Ranch Plan's affordable housing requirements_ The affordable housing provisions were not included in the previous CEQA documentation for The Ranch Plan; therefore, some form of CEQA documentation will be required for the affordable housing provisions. In addition, based on the agreements between the County and the Ranch, the County is responsible for all CEQA compliance and permitting requirements associated with the implementation of the affordable housing land dedication and development. Ms. I Iansen prepared a memorandum outlining the potential options the County should consider in implementing CEQA compliance for the required -affordable housing to be located within the Ranch Plan. Project Director, RSM Properties, LLC— Robinson Ridge EIR, Rancho Santa Margarita Ms. Hansen provided strategic guidance and managed the EIR for the Robinson Ridge project. The project is located in unincorporated Orange County and includes development of approximately 189-acres of land Lhal. has been used for z commercial nursery into approximately 200 single-family residential lots, including the construction of a new access road. Key issues include land use, traffic, and visual resources. Project Manager, California Quartet — Saddleback Meadows Subsequent Revised EIR, Orange County Ms. Hansen was the project manager and oversaw preparation of the EIR for the Saddleback Meadows project. CEQA documentation dates back to 1978 (for 70S units) and the proposed project represents a complete revision and redesign of a previously approved and recorded tract map. The project consists of approximately 299 single-family units on an approximate 222-acre site. The project was controversial due to the location of an adjacent monastery and abbey. Key issues include biological resources and geologic issues, traffic, and land use. The project was approved and Lhe EIR was certified by the County of Orange. California State University, Fullerton Master Plan Update EIR, CSU Fullerton Ms. Hansen served as Principal, providing land use and environmental guidance to CSU Fullerton while they develop design ideas to be included in an update to their 7003 Master Development Plan. This includes coordination with a variety of on- and off -campus stakeholders, peer review of design options, and guidance on the potential environmental impacts resulting from fuLure on campus development projects. Rincon has also kicked off prepara Lion of the EIR required as part of the Master Planning process. Project Director, Fullerton School District — Nos, City of Fullerton Ms. Hansen provided SLra Legic guidance On scope and methodology and managed Lhe EIR including project management and preparation of 10 environmental documents for the Fullerton School District. The District proposed to expand seven existing elementary schools with multi purpose rooms and three existing junior high schools to Include gymnasiums. Under the proposed projects, no increase in Student population was anticipated. However, due to community concern, Fullerton School District determined that 10 separate Initial Studies/NDs would be prepared for the oraiects. Council Ancg�Corsullonls Inc. 7/6/2021 Environmental Sc``i`entists - Planners - Engineers EXHIBIT 1 EDUCATION Master of Urban Planning, New York University, Robert Wagner Graduate School of Public Service BA, Geography, UniversiLy of California, Los Angeles CERTIFICP TIONS/ REGISTRATIONS AIn,,,,at, ln,LIL.b, of CLf LiriLd Planners YEARS OF EXPERIENCE 14 Rincon Consultants, Inc. Lnvironmentcd Scientists Planners Loginecrs Susanne Huerta, AICP Supervising Environmental Planner Ms. Huerta is an environmental planner for Rincon's Environmental Sciences and Planning group responsible for managing and preparing environmental and planning documents and technical impact analyses for a variety of projects. She has extensive experlence conducting and preparing envlronrnental analyses In accurdance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Her experience includes a wide range of projects for residential, commercial, and community developments, utilities improvements and upgrades, and educational farilities. Ms. Huerta Alan prepares speriali7ed techniral rppnrts on a rangp of planning and environmental topics, including agriculture, land use, and policy analysis. SELECT PROJECT EXPERIENCE Development Projects Project Manager, City of Walnut — The Terraces at Walnut Specific Plan EIR, Walnut The proposed Specific Plan involved a mixed -use infill project that included various housing types, a commercial district, parks and recreation areas, and open space, such as landscaped slopes, on 49 acres of vacant land. The major issues of concern were associated with impacts to aesthetics, biological resources, noise and Lranspur La Lion. The project wds approved and the EIR was certified in 2019. Project Manager, City of Beverly Hills — 9908 S. Santa Monica Project Environmental Impact Report, City of Beverly Hills Ms. Huerta was the Project Manager for an EIR that analyzed a mixed -use residential and commercial development on a vacant site. The major issues of concern were the shade/shadow, noise and transportation impacts to the surrounding residences and the neighboring hotel. The project was controversial, so several public meetings were held by the Planning Commission and City Council. Rincon attended each meeting and supported City staff in addressing the public concerns. The project was approved and the EIR was certified in 2019. Project Manager, City of Burbank —777 North Front Street EIR, Burbank Rincon was retained by the CiLy to prepare the EIR for the 777 North Front Street project, which involved a mixed -use residential, commercial and hotel along with open space areas. The EIR examined alternatives to the proposed project and also addressed impacts that were identified as potentially significant. Major issues of concern were the on -site hazardous materials and remediation program due to the previous uses of the site, and the significant. traffic impacts associa Led with the proposed project. The project was approved and the EIR was certified in 2019. Project Manager, City of West Hollywood —7985 Santa Monica Boulevard EIR, West Hollywood Rincon was retained by the City to prepare the EIR for this mixed -use, adaptive reuse project. The project involved adaptive reuse of the French Market building and construction of a commercial and office building. Major issues of concern included impacts to a histonc resource (the French Market building) during construction and operation of the project, as well the potential noise and transportation impacts. The project was approved and the CIF was certified in 2019. Council 15 — 47 7/6/2021 EXHIBIT 1 Susanne Huerta, AICP, Page 2 Lonq-Ronge Rlonninq ProjeCIs Project Manager, City of Los Angeles — Citywide Housing Element Update EIR, Las Angeles Rincon has been retained to prepare CEOA documentation for the 2021-2029 Citywide Housing Element. Ms. Huerta is coordinating with City Staff to prepare a programmatic EIR and has prepared a preliminary study to determine the appI up[idle CEQA document This process also includes preparation and din Lribution of an Initial Study with the Notice of Preparation along with the seeping outreach as required by CEQA a project of regional significance. Project Manager, City of Los Angeles — Ventura-Cahuenga Boulevard Corridor Specific Plan Amendment, Los Angeles Rincon prepared an internal preliminary study Lo determine the CEQA document that should be prepared for the proposed amendments to the Specific Plan. This project is ongoing and primary issues of concern arc anticipated to be air quality, noise and transportation. Project Manager, City of Burbank — Downtown Transit Oriented Development Specific Plan EIR, Burbank Ms. Huerta is currently coordinating with the Specific Plnn team and City staff to prepare a programmatic EIR. Rincon is currently preparing the Initial Study and will assist with the scoping meeting prior to preparation of the EIR. Project Manager, City of West Hollywood — Housing Element update EIR, West Hollywood Ms. Huerta is coordinating with The Housing Flpmpnt team and City staff to prpparp a programmatir FIR. Rincon it currently preparing the Initial Study and will assist with the scoping meeting prior to preparation of the EIR. Project Manager, City of Compton — Compton Artesia Specific Plan EIR, Compton Ms. Huerta is serving as the Project Manager for this effort. Rincon prepared the EIR for the proposed Specific Plan. The Draft EIR has been circulated to the public which analyzes the potential impacts associated with the anticipated Lransit-orienLed developrnenL surrounding Lhe McLro Blue Line Artesia SLaLion. Major issues of concern have included air quality, recreation and transportation. ADDITIONAL PROJECT MANAGEMENT EXPERIENCE 100 North Catalina Avenue IS -MIND, City of Redondo Beach • 4800 Long Beach Boulevard IS-MND, City of Long Beach • S100 Long Beach Boulevard IS-MND, City of Long Beach • Garden Grove Senior Housing Project IS-MND, City of Garden Grove • Indus Light Industrial Building IS-MND, City of Chino Hills • Coptic Orthodox Church IS-MND, City of Chino Hills • Buddhist Temple IS-MND, City of Chino Hills • Founders Village Project IS-MND, City of Chino Hills • Goddard School IS-MND, City of Chino Hills • 923 Palm Avenue Senior Housing IS-MND, City of West Hollywood • Los Lines Mixed Use Project Sustainablr Communities Environmental Assessment (SCEA), BRIDGE Housing for the City of Los Angeles • 3200 East Foothill Boulevard Mixed Use Project SCEA, City of Pasadena 9200 Wilshire Boulevard Mixed Use Project EIR Addendum, City of Beverly Hills 100 North Crescent Beverly Hills Media Center EIR, City of Beverly Hills • 9000 Wilshire Blvd CE, City of Beverly Hills FiiSL SLreeL Family ApartmenLs IS-MND and NEPA Environmental Assessment (EA), CiLy of Santa Ana • First American Mixed -Use Project Addendum to the Transit Zoning Code EIR, City of Santa Ana • 4" SLreeL and Mortimer ProjeCL Addendum Lo Lhe Transit Zoning Code EIR, City of SanLa Ana Raitt and Myrtle Street Park EA, City of Santa Ana • Roosevelt Walker Community Center EA, City of Santa Ana Council Anc(4-yConsullonls Inc. 7/6/2021 Environmental Sc``ientists - Planners - Engineers EXHIBIT 1 EDUCATION SS, Environmental Science, UniversiLy or California, Los Angeles YEARS OF EXPERIENCE Rlncon Consultants, Inc. Lnvironmentcd Scientists Warmers Lnyinecrs Vanessa Villanueva Associate Environmental Planner Ms. Villanueva responsible for preparing environmental and planning documents, assisting with public and private sector contract planning services, and providing technical impact analyses for a variety of projects. She has experience preparing and editing envlronrnental analyses In accordance with CEQA and NEPA fur Infrastructure, housing and urban development, and long-range planning projects. Her responsibilities include performing research and analysis and/or completing assignments within agency offices and for private sector clients; preparing CEQA and NFPA environmental assessments and fprhnical studies, inrluding air qualify, energy, greenhouse gas, and noise studies; assisting with the preparation of General Plans and other comprehensive planning documents; conducting and coordination noise - monitoring efforts; and interacting with various members of public agency and private client staff on matters related to land use planning, CEQA/NEPA compliance, and land development application processing. SELECT PROJECT EXPERIENCE Development Projects Assistant Project Manager/Noise Analyst, City of Santa Ana — Westview Housing Project IS-MND, Santa Ana Ms. Villanueva served as an assistant project manager for an IS-MND for conslruchun of 8S apartment units within two 3- to 4-story buildings and 136 parking spaces on a 2.1-acre project siLe. All units, except Lhe manager's unit, would be designated as affordable housing units. Her responsibilities included internal management of a team and coordination between the team and City staff. Ms. Villanueva also conducted the noise and vibration analysis, including necessary technical modeling, for the IS-MND. Project Manager/Technical Analyst, The Icetter Group —Technical Studies for CEQA Class 32 (In -Fill Development) Categorical Exemptions, Los Angeles Ms. Villanueva has managed various technical air quality and noise studies for CEQA Class 32 (in fill development) project applications for multi family housing projrrts. Her responsibilities have included conducting noise -monitoring, technical modeling, and coordinating a team to prepare these studies. Typical project's include low to mid -rise mixed -use or multi -family development with units allocated toward low- inwme individuals or fdnilies. CEQA/Technical Analyst, City of Walnut — The Terraces at Walnut Specific Plan EIR, Walnut Ms. Villanueva served as a CEQA and technical analyst in assisting the City of Walnut with an EIR for a proposed Specific Plan, which involved a mixed -use infill project that included various housing types, a commercial district, parks and recreation areas, and open space, such as landscaped slopes, on 49 acres of vacant and. The major issues of concern were associated with impacts to aesthetics, biological resources, noise and transportation. Her responsibilities included conducting on -site noise monitoring and drafting the noise and vibration analysis as well as the air quality and greenhouse gases analysis for the EIR. Council 15 — 49 7/6/2021 EXHIBIT 1 Vanessa Villanueva, Page 2 ADDITIONAL PROJECT EXPERIENCE CEQA Compliance CEQA/Noise Analyst, Various Clients — CEQA Compliance Projects, Various Counties/Cities, California • CEQA/Noisy Analyst, City of Burbank —777 North Front Street EIR, Burbank Noise Analyst, Circle point —Tapestry Hotel Project Noise Study, City of Santo Ana • CEW-rechnical Analyst, City of Walnut — 780-808 Francesca Drive (Residential) Project Initial Study -Mitigated Negative Declaration, Walnut • CEQA Analyst, City of Pomona —Commercial Cannabis Permit Program Zoning Overlay Finding of Consistency, Pomona • CFQA/Nnise Analyst, City of Pasadena — I incoln Townhomes Multi -Family Residential Prnjert Initial Study - Mitigated Negative Declaration, Pasadena • Lead Analyst, City of West Covina — Starwood/Plaza West Covina General Plan Exemption Checklist, West Covina Noise Analyst, City of Laguna Brach — Laguna Reach Civic Sitr ISMND, Laguna Reach • Air Quality/Noise Analyst, Kenihan Developrnenl-1449 North Echo Park Avenue Aparlrnen Ls PrujecL Technical Studies, Los Angeles • CEQA Analyst, Weintrub Real Estate Group — Lake Balbon Vista Project Initial Study -Mitigated Negative Declaration, Los Angeles • CEQA Analyst, City of San Dimas —343 Moore Lane Subdivision Project Initial Study -Mitigated Negative Declaration, San Dims • CEQA Arialyst, Callfurnla State University, Northrldge — unkverskty Student Unlon Renovatlon and Expanslun Project Finding of Consistency, Northridge • CLQA Analyst, City of Chino Hills —Coptic Orthodox Church Project Initial Study -Mitigated Negative Declaration, Chino Hills CEQAAnalyst, City of West Hollywood — 7985 Santa Monica Boulevard (Mixed -Use) Project Environmental Impact Repnrt, West Hollywood • CEQA Analyst, City of Beverly Hills — Beverly Hills Media Center Environmental Impact Report Environmental Impart Rppnrt, Rpvprly Hills NEPA Compliance Project Manager/NEPA Analyst, Various Clients — NEPA Compliance Projects, Various Counties/Cities, California • Project Manager, City of Santa Ana Westview House Project EA/FONSI, Santa Ana • Project Manager, Los Angeles County Development Authority— Beverly and Hay Affordable Housing Project EA/FONSI, City of Montebello • NFPA Analyst, City of Santa Ana — Crossroads at Washington Project FA/FONSI, Santa Ana NEPA Analyst, City of Santa Ana —Bishop Street Rehabilitation Projects LEST, Santa Ana Long -Range Planning Planner/CEQA Analyst, Various Clients— Long -Range Planning Projects, Various Counties/Cities, California Planner, City of Los Angeles — Los Angeles Housing Element Update Preliminary Study and EIR, Los Angeles • CEQA Analyst, City of Compton —Artesia Transit Oriented Development Specific Plan Environmental Impact Report. Campton • Noise Analyst, City of Bakersfield — Downtown Bakersfield High Speed Rail Station Area Plan Environmental Impact Report, Bakersfield Noise Analyst, City of La Verne — University of La Verne Master Plan Environmental Impact Report, La Verne Council Anc (--onsullanls Inc. 7/6/2021 Environmental'a`entists - Planners - Engineers EXHIBIT 1 E_DLK_AIlr,hl MESM, Environmental Science & Management, University of California, Santa Barbara BA, Juumalism, California State University, Chico AS, GIS, San Diego Mesa College Rlncon Consultants, Inc. Lnvironrr¢•ntv1Scientists - Planners Lriyinecrs Bill Vosti, MESM Senior Environmental Planner Mr. Vosti has seven years of experience preparing GHG emissions analyses in accordance with CECA and NEPA. Mr. Vusti is proficient with various air quality and GHG models (e.g., EMission FACtors Model series and California Emissions Estimator Model [CalEEMod] serles). His experience includes GHG emissions analyses fur jurisdictions across Southern California. DEIAILEQ PRC:rJECJ EXPERIENC:E Project Manager, Nayassan Properties - Beloit Terraces Air Quality and GHG Report and Health Risk Assessment, Los Angeles, California Mr. Vosti served as Project Manager for the preparation of Air Quality, GHG emission, and Health Risk Assessments for a high-rise aparl.menL complex near InLersLaLe 40S in the City of Los Angeles. Issues included pollutant emissions from freeway vehicles to future project residents and associated health risks. Mr. Vosti performed dispersion modeling which determined the project design would reduce pollutants to an acceptable level for long term health risk exposure. Lead Air Quality, GHG, and Noise Analyst, KEH & Associates - Los Robles Greens Water Treatment Plant IS/MND, Thousand Oaks, California Mr. Vnsti served as the lead air quality, CHC, and noise analyst fnr a prnpnsed wastewater treatment plant and pipeline for the Los Robles Greens Water Treatment Plant. Tasks included estimating the construction and operational criteria pollutant emissions from the treatment plant in accordance with VCAPCD standards. Key issues included determining a project -specific GHG threshold. Lead Air Quality and GHG Analyst, Ventura County - Somis Ranch Farmworker Housing Complex Project, Somis, California Mr. Vosti served as the lead -air quality and GHG analyst for the proposed Somis Ranch Farmworker Housing Project, consisting of construction of 360 dwelling units in a rural area. Tasks included modeling greenhouse gas and criteria air pollutant emissions and developing a project -specific GHG threshold. Planner and Air Quality, GHG, and Noise Analyst, Nevada Irrigation District - Raw Water Master Plan Program EIR, Nevada and Placer Counties , California The Program EIR assessed the environmental effects associated with implementation of the Capital Improvement Program that accompanies the Nevada Irrigation Districts 2011 Raw Water Master Plan. It included proposed capital improvements to Nevada Irrigation District's raw water conveyance system to meet the goal of providing raw water for future demand to the year 2032. Tasks inrlude.d preparation of the project description, air quality, energy, greenhouse gas/climate change, noise, and traffic sections of the EIR. GHG Analyst and Environmental Planner, Metropolitan Water District of southern California - Etiwanda Pipeline Relining EIR, San Bernardino County, California The Etiwanda Pipeline Relining project included a proposed mortar relining of approxirnaLely five miles of a major waLerr pipeline in the ci Lies of Fontana and Rancho Cucamonga in San Bernardino County. Significant project issues included construction impacts from GHG emissions. Mr. Vasti assisted in the preparation of the EIR, including the GHG Emissions section. Council 15 — 51 7/6/2021 EXHIBIT 1 Bill Vostl, MESM, Page 2 11)JE("'I EXPERIENCE Assistant Project Manager and Air Quality and GHG Analyst, UC San Diego, UC San Diego Mesa Housing, Pedestrian and Bike Bridge IS/MND, San Diego • Air Quality Analyst, UC San Diego, UC San Diego Mesa Nuevo East and Nuevo West Housing EIR, San Diego, California, 2016-2017 Assistant Project Manager, Padre Dam Municipal WaLef DislriCL—Comprehensive Facilities Master Plan Program Environmental Impact Report, San Diego County • Air Quality, GHG, and Noise Analys L, CSU Fuller Lon, CSU Fullerton Campus Master Plan PEIR, City of Fullerton • Air Quality and GHG Analyst, CSU Fullerton, Eastside 2 Parking Structure IS-MND, Fullerton Air Quality and GHG Analyst, International Buddhist Progress Society, Hsi Lai Temple Expansion EIR, Los AngrIcs County GHG Analyst, Mountain View Village IS-MND, City of Thousand Oaks • Air quality and GHG Analyst, A & S Engineering, 2122 Highland Avenue Gas Station, San Bernardino • Air Quality, GHG, and Noise Analyst, Orange County Sanitation District - Newhope-Placentia TSR No. 2-72 B, Anaheim Project Manager/Air Quality, GHG/Noise Analyst, Moulton Niguel Water District - Oso Creel(/I-S Pipeline Improvements IS-MND, Orange County, California • Air QuafiLy and GHG Analyst., Monterey County Cannabis IS-MND, Monterey County, California Air Quality, GHG, and Noise Analyst, City of Pomona, 1490 West Mission Boulevard IS-MND, Pomona • Project Manager/Air Quality, GHG/Noise Analyst, Moulton Niguel Water District - Oso Creek/1-5 Pipeline Improvements IS-MND, Orange County • Air Quality, GHG, and Noise Analyst, Ronald McDonald House Orange County, Ronald McDonald House Fxpansion IS-MND, Orange, California 2019 • Environmental Planner, SANDAG, Rose Crock Bike Path, San Diego Environmental Planner, SANDAG, Batiquitos Lagoon Double Track Project, San Diego County • Environmental Planner, City Of Chula Vista, Chula Vista Innovation District Section Planning Arca (SPA) Plan EIR, Chula Vista • Environmental Planner, SANDAG, CP East Brook to CP Shell Double Track Project, San Diego County • Environmental Planner, Grossmont Cuyamacn Community College District, Grossmont Cuyamacn Community College District Master Plan Update EIR, County of San Diego • Environmental Planner, UC San Diego, UC San Diego Satellite Utilities Plant IS/MND, San Diego Project Manager, STV Incorporated, AT&T Trifuno Pass Satellite Earth Station Project, County of Los Angeles • Environmental Planner, City of Carlsbad Parks & Recreation Department, Carlsbad I rails Master Plan Constraints Analysis and Programmatic IS/MND, Carlsbad Council an s. Inc. 7/6/2021 Planners Engineers EXHIBIT 1 EDUCATION MESc, Yale University, The School of foreSLry and tnvironmcntal Studies BA, Environmental Studies, Wellesley College Professional Certificate in Spanish/English Translation, University of California, San Diego Extension CERTIFICAfIOI\1S/ REGISTRATIONS Member, Association of Environmental Protessionals Member, American Translators Association Training: Applying the NEPA Process and NEPA Cumulative Effects Analysis and Documentation, The Shipley Group(2015) American Planning Association National Conterence, Phoenix, AZ(2016) YEARS OF EXPERIENCE to- Rlncon Consultants, Inc. Lnvironmentcd Scientists Planners Lnginecrs Brenna Vredeveld, MESc Senior Biologist Ms. Vredeveld has over 10 years of experience in ecosystem monitoring and reporting, natural resources planning, and federal and local regulatory processes, particularly at the urban-wildland interface. Her diverse work experience includes a broad cross-section of clients and partners in California and Latin America covering long-range natural resource management plans, research, scientific and technical reports, social and environmental assessments, CEQA, NEPA, Endangered Species Act, Clean Water Act, stakeholder consensus facilitation, interdisciplinary collaboration roordinatinn, fieldwnrk management, and Geographic Infnrmatinn Systems analyses. Her responsibilities include preparation of complex technical reports and integrated planning documents, resource constraints analyses, habitat assessments, agency permitting packages, oversight of fieldwork and su bconsu lta tits, management of environmental compliance monitoring, and coordination with regulatory agencies. She advises clients on developing the most appropriate biological resources assessment, compliance, and mitigation strategies for their projects and performs Ledinicdl quality assurance/quality control of deliveiableb. For the last nine years she has managed projects for local, state, and federal agencies across southern California's unique habitats. She is fluent in Spanish. SELECT PROJECT EXPERIENCE Program Manager, Metropolitan Water District of Southern California (subconsultant to Helix), Prestressed Concrete Cylinder Pipe Rehabilitation Program, Los Angeles, Orange, and San Bernardino Counties Ms. Vredeveld was the Program Manager for the suite of task orders issued for this project. She was responsible for coordinating development of environmental documentation (e.g., technical studies, CECIA analyses, and permitting applications) for biological, cultural, and paleontological resources, and hazardous materials, as well as overseeing general construction monitoring (for the above topics In addition to air quality, surface and stormwater control, noise, and transportation/traffic) for rehabilitation projects along, more than 100 miles of five prestressed concrete cylinder pipelines extending through over 30jurisdictions in Los Angeles, Orange, and San Bernardino Counties in both dense urban and remote rural regions. A total of 10 task orders have been awarded to date. CECIA Author, Metropolitan Water District of Southern California, Addendum to the Mitigated Negative Declaration for Palos Verdes Reservoir Relining Project, City of Rolling Hills Estates Ms Vredeveld coordinated development of CEgA Addendum under o tight timeline to address additional project ,activities required to complete upgrades to Palos Verdes Reservoir water storage and conveyance faciliLies. She authored Lhe biological resources section, quick turnaround of the CEgA Addendum allowed the client to continue construction activities without interruption. Project Manager/Lead Author, Marine Corps Base Camp Pendleton, Biomonitoring Services for Upgrades to Communication Systems & Electrical Distribution, Navy Facilities Engineering Command Southwest, California Ms. Vredeveld was the Project Manager and Lead Author responsible for coordinating biomonitering services for four complex, multi million dollar linear utilities projects traversing both developed and wildland areas of Camp Pendleton. She managed daily Council 15 — 53 7/6/2021 EXHIBIT 1 Brenna Vredeveld, MESc, Page 2 reports from multiple hinmonitors on simultaneously ongoing construction sites to draft weekly reports to the client, drawing un detalled knowledge of bkokoglcal upinkons, permits, envlronrnental Impact staternents, biological assessments, and other regulatory documents. She facilitated interpretation of regulations in collaboration with the Camp Pendleton Environmental Security team to keep construction activities in compliance with all applicable permits, including daily coordination with biomomtors and the construction contractor to resolve issues and avoid unnpressary impacts to federally listed species (P.g., California gnatcatchpr, least Rell's vireo, tidewater gnhy, Parific pocket mouse, Arroyo toad), sensitive habitats, and other regulated resources. Ms. Vredeveld was the lead author for a 1S0+ page and a 3S0+ page final biomonitoring project reports presenting monitoring results, analyzing project impacts, and evaluating overall regulatory compliance. Project Manager, City of Los Angeles (subconsultant to TV Lin International), North Atwater Multimodal Bridge Project, Los Angeles County Ms. Vredeveld was the Project Manager responsible for writing the Biological Resources Assessment for this pedestrian, bicycle, and equestrian bridge over a soft -bottom portion of the Los Angeles River. She managed compliance monitoring relative to the project's U.S. Army Corps of Engineers 404 and 403, Regional WaterQuality Control Board 401, and California Department of Fish and Wildlife permits, including coordinating full-time biological monitoring during vegetation removal and initial in -water work, fish surveys and placement of fish exclusion block nets around active in water work areas, nesting bird surveys, and periodic monitoring throughout the project. She collaborated closely with the City of Los Angeles Bureau of Engineering, the construction contractor, and project design team to facilitate implementation of permit conditions and provide guidance on coordination with regulatory Agencies. She directly coordinated with the California Department of Fish and Wildlife on behalf of the City regarding the project's Streambed Alteration Agreement conservation measures and other requirements. Lead Author, Metropolitan Water District of Southern California, Regional Water Quality Control Board Regulatory Process Memorandum, Los Angeles County Ms. Vredeveld -analyzed the Clean Water Act Section 401 Certification processing timeline and cost implications of the Regional Water Quality Control Board's recent State Wetland Definition and Procedures fnr Discharge of Dredged nr Fill Materials to Waters of the State. The resulting memorandum included example scenarios for large and small projects and highlighted strategies and recommendations to navigate updated permit application requirements and processing procedures and timelines. Biological Resources Lead Author, United Water Conservation District, Water and Energy Reliability Project Initial Study -Mitigated Negative Declaration, Ventura County Ms. Vredeveld developed the draft biological resources Initial Study -Mitigated Negative Declaration section evaluating potential impacts from the construction, operation, and maintenance of arrays of solar photovoltaic panels and battery storage facilities. This preliminary analysis enabled the client to assess feasibility of desired project components relative to biological resources regulations and to adjust activities as needed to ensure project viability. Senior Biologist/Lead Author, Various Clients — Biological Resources Assessments and Biological Resources Environmental Impact Reports, Los Angeles County Senior Biologist and Lead Author responsible for coordinating and writing biological resources assessments and biological resources sections of Environmental Impact Reports for various projects throughout Los Angeles County, including the cities and communities of Walnut, South Pasadena, Los Angeles, and I lacienda I Icights, among others. Projects analyzed include mixed use development, single-family residential, and a monastery. Conducted reconnaissance Site surveys to identify sensitive biological resources (including jurisdictional waters) that may be present, evaluated potential impacts to such resources in compliance with CECA, and developed appropriate mitigation measures. Council 1�nC qCorsullonls Inc. 7/6/2021 Environmental aentists - Planners - Engineers EXHIBIT 1 EDUCATION MHP. Historic Preservation, University of Southern California, Los Angeles Graduate Certificate Program, Arch,Lettwe a Urbanism, University of Southern California, Los Angeles BA, European I listory, University of California, Santa Cruz CERTIFICATIONS/ REGISTRATIONS Meets and exceeds requirements in the Secretary of the Interior's Professional Qualification Standards in Architectural History and History Rincon Consultants, Inc. Lnvironmentcd Scientists Planners Lnyinecrs Steven Treffers, MHP Senior Architectural Historian Steven Treffers is a senior architectural historian with Rincon's Cultural Resources Group with eight years of experience. A native of the San Francisco Bay Area, he received his Bachelor of Arts in History at the University of California, Santa Cruz prior to pursuing a Master's In hlsture preservation from the University of Southern California, School of Architecture. He meets and exceeds the Secretary of the Interior's Professional Qualification Standards for History and Architectural History and has a wide range of experience with projects requiring historic resources compliance with $eetlnn 106 of the Natinnal Historic Prpsprvatinn Act, California Environmental Quality Act, and local ordinances. In addition to his direct experience with bridge improvement projects, Mr. Tretters has been involved in a number of projects in the San Francisco and Monterey Bay areas. For these efforts, Mr. Treffers has managed and conducted historic resource surveys, and coordinated directly with state and local agencies. Both professionally and as a former commissioner on the South Pasadena Cultural Heritage Commission, Mr. Treffers has also worked closely with design Learns on projects involving alterations to historic resuwces to ensure compliance with SOI Standards and applicable design guidelines. As a result, he has extensive experience identifying character defining features, reviewing architectural drawings, and collaborating with local governments, stakeholders, architects, and engineers to meet project objectives while retaining those elements that convey the reason for a historic resource's significance. SELECT PROJECT EXPERIENCE Senior Architectural Historian, City of Santa Ana - First American Mixed Use Project EIR Addendum, Santa Ana Rincon was retained by the City of Santa Ana to prepare an Addendum to the Final EIR for the Transit Zoning Code (TZC) for the First American Mixed Use Project. The proposed project Involved construction of a new commercial/residential mixed -use development consisting of 12,350 square feet of commercial space and 220 residential units on two parcels in downtown Santa Ana, within the TZC area. As part of the project, the historical facades of the existing First American building at 114 E. Fifth Street will be preserved and incorporated into the facades into the new mixed - use building. Rincon prepared a cultural and historic resource investigation that conformed to set standards fnr CEQA and NEPA, Section 1n6 of the National Historic Preservation Act. Senior Architectural Historian, City of Laguna Beach - Laguna Beach Civic Site Project IS-MND, Laguna Beach Rincon assisted the City of Laguna Beach with preparation of an IS-MND for the Civic Site Project located at 31526 and 31532 Coast Highway. The 0.28-acre site consists of two vacant parcels covered in ruderal vegetation, including various trees, and ornamental landscaping. Due to the site's vacant conditions and vegetation, environmental review of the project included a Cultural Resources Assessment. The project was approved in August 2020. Architectural Historian, Metropolitan Water District of Southern California — Historic Building Documentation Packages, Southern California Mr. Treffers has prepared multiple historic building documentation packages for MW U. I here documents were completed as part of the cultural resources Council 15 — 55 7/6/2021 EXHIBIT 1 Steven Treffers, MHP, Page 2 mitigation adopted for various site and facilities improvements projects and presented the as built and existing conditions of the properties, narrative statements of significance, and compiled historical documentation. Senior Architectural Historian, Port of Los Angeles — Terminal Island Historic Survey Evaluation and Historic Context Statement, Los Angeles County The project included a built environment evaluation of properties on Terminal Island, located at the Part of Los Angeles, to identity and assess the significance of historical resources. Ettorts included an intensive -level survey, extpnsivp archival researrh, and development of a Historic Cnntext Statement consistent with Survpyl A, a ritywidp historic resources survey in the City of Los Angeles. Mr. Treffers assisted in the survey, recordation, and evaluation of numerous industrial properties located in the Port of Los Angeles, as well as contributed to the authorship of the final report. Architectural Historian, Terry A. Hayes and Associates — Firestone College Master Plan, South Gate Cultural resources study in support of a project for the East Los Angeles College satellite Campus in South GaLe, California. The study included field surveys, research, and an assessment of the archaeological and built environment Of the project area, which included properties formerly associated with the Firestone Tire and Rubber Company. A historic district was identified through the course of the study and Mr. Troffers subsequently analyzed the project to identify and mitigate potential environmental impacts. Architectural Historian, Edwards Air Force Base, U.S. Air Force — Cold War Era Buildings Survey and Context Report, Edwards Air Force Base In support of a COMprehensive, Multiple -Property Documentation (MPD) Historic Context Statement for Cold War -era properties at Edwards Air Force Base (Edwards AFB), Mr. Treffers performed archival research and intensive -level survey, and coauthored the Historic Context Statement. The final document provides a consistent, context -driven method for evaluating the wide variety of properties and facilities related to the Cold War -era at Edwards AFB. Architectural Historian, Edwards Air Force Base, U.S. Air Force — Historic District Survey for the Air Force Research Laboratory (AFRL), Edwards Air Force Base Mr. Treffers assisted with a comprehensive, context -driven historic resources survey and historic district update of the Edwards Air Force Base Air Force Research Laboratory. Using the Multiple -Property Documentation (MPD) Historic Context Statement, architectural historians completed an intensive -level survey and evaluation of over 230 properties. Specific tdsks Mr. Treffers curnpleled include cuuidindling and conducting surveys dnd ardiivdl research, and coauthoring thr technical report. Architectural Historian, County of Los Angeles — LA Plaza de Cultura y Artes Project, City of Los Angeles As an Architectural Historian, Mr. Treffers performed research and contributed to a report documenting the historical houndzines of the Li Plaza Cemetery. He also participated in the update to the NRHP nomination form for the Los Angeles Plaza Historic District. The project involved expert consultation for the treatment of the human remains and ctdtural resources excavated from the site in accordance with all state and federal laws, including SeCLIOn 106 of the NHPA, the Native American Graves Protection and Repatriation Act (NA(3PRA), NLPA, and CEC1A. In addition, project includes updating the Los Angeles Plata Historic DistricL National Register of Historic Places NRHP nomination form. Senior Architectural Historian, City of Redondo Reach — Redondo Reach Transit Center, Redondo Reach This project was a local assistance project in Redondo Beach in support of the development of a transit center. Methods included archival research, coordination with local historic groups and governments, and an intensive -level survey of post -World War II commercial properties. Mr. Treffers provided senior -level oversight for all efforts, which also included preparation of Historical Resources Evaluation Report and Historic Property Survey Report Architectural Historian, Los Angeles Recreation and Parks — Alma Park Historic Resources Evaluation, San Pedro Historic resources evaluation of 1930s era municipal park in San Pedro Neighborhood that was found eligible as a historic district for the National Register of Historic Places (NRHP). As an Architectural Historian, Mr. Treffers conducted archlval research and prepared inventory forms and historic structures evaluation report. Council Anc Consullonls Inc. 7/612021 Environmental a "hits - Planners - Engineers EXHIBIT 1 EDUCATION PhD, Fnvironmental Engineering, University of Southern California, 2013 BS, Chemical Engineering, UC Santa Barbara, 2007 CERTIFICATIONS/ LICENCES Licensed Professional Civil Engineer (California), #87757 Certified 40-hr HAZWOPER Rlncon Consultants, Inc. Lnvironrr¢•ntcdscientists - Planners Lriyinecrs Ryan Thacher, PhD, PE Rjai GI:aannet.1natanr_A1111aRamaaa Dr. Thacher is an environmental engineer by training and has over 10 years of experience in the fields of water quality and water resource engineering. Dr. Tharhrr is experienced in projects involving the environmental fate and transport of chemical constituents, water resource management, hydrodynamics, and water quality regulation and compliance. He has been involved in several contaminated site investigations in various capacities, including chemical fate and transport investigations, using environmental forensics methods to determine source contributions, and developing remediation strategies. Ur. Thacher has applied his expel Lise in environrnenLal chemisLry Lu projects involving source identified Lion and environmental fate and transport of emerging contaminants including per- and polyfluoroalkyl substances (PFAS), 1,4-dioxane, and hexavalent chromium. In addition, he has experience in storm water permitting and compliance under the Industrial General Permit (IGP), Construction General Permit (CGP), and Municipal Separate Storm Sewer System (MS4) programs. Further, he has helped design and implement modeling studies to site and design diffusers, and to evaluate the impact of industrial discharge and treated wastewater on receiving waters. Dr. I hacker is also involved in California water supply and drought issues, with expertise in hydrodynamics and water quality within Californim's Bay -Delta estuary. SELECTED PROJECT EXPERIENCE Project Manager and Technical Analyst, Flooring Manufacturer, Orange County, California Assessed the transport and fate of PFAS in an industrial wastewater stream to determine if the facility was compliant with Proposition 65. This evaluation included a review of PFAS partitioning between biosolids and the liquid phase in the municipal wastewater treatment process, and the potential for PFAS from the facility to pass mLo drinking water aquifers as a result of existing uses for reclaimed water and biosolids from the. Los Angeles County Sanitation District. Technical Reviewer, City of Eastvale — Homestead Industrial Project, Riverside County, California Dr. Thacher provided a technical peer review of a preliminary Water Quality Management Plan developed for the Homestead Industrial Project in Riverside County. He was tasked with evaluating the Water Quality Management Plan for its adequacy and reliability in supporting the Environmen Lal Impact Report, and consistency with Water Quality Management Plan guidance documentation approved by the Santa Ana Regional Water Quality Board. In addition, he conducted checks and reviews of hydrologic calculatlons Included with the water Quality Management Plan. Dr. Thacher identified sections of the Water Quality Management Plan that were inadequate or inaccurate, and outlined an efficient approach to preparing a final Water Quality Management Plan. Project Manager and Technical Analyst, U.S. DOJ Facilities, California Provided technical support to the U.S Department of Justice in defense of two Clean Water Act citizen suits alleging violations of the Industrial General Permit. Following a Council 15 — 57 7/6/2021 EXHIBIT 1 Ryan Thacher, PhD, PE, Page 2 data review, a review of the SWPPP and SPCC for each facility, and a site visit, our team was able to lead the Doi towards reallstic and Irnplernentahle solutluns to Improve storm water quality, and favorable agreements with opposing parties. Project Manager and Technical Analyst, Oil Refinery, Martinez, California Evaluated the concentrations of metals and total suspended solids in storm water runoff from an industrial facility adjacent to the San Francisco Bay, and developed an approach to estimate near -field dilution following discharge to the Bay. Stnrmwatpr management practices were reviewed with respect to the facility's SWPPP and SPCC for consistency. Project Manager and Technical Reviewer, Oil Storage Facility, Santa Fe Springs, California Conducted a five-year SPCC review for an oil storage facility in southern California. updated the existing SPCC to reflect changes in facility operation, and reviewed emergency response actions following a spill event for consistency wish Lhe SPCC. Project Manager and Technical Consultant, City of Antioch, City of Stockton, City of Brentwood, California Provided Lechnical support for multiple municipalities in the hearings regarding Lhe petition liled by Lhe California Department of Water Resources and U-5 Bureau of Reclamation requesting changes in water rights for the California WaterFix Project. Investigated the effects of proposed project operations on water quality throughout the Sacramento -San Joaquin River Delta (Delta) using the DSM2 model. Evaluated the impact of predicted water quality changes on drinking water diversions, treatment operations, and costs. Project Manager and Technical Lead, San Francisco Bay Area Modeled near -field and far -field plume characteristics of effluent discharged via diffusers from several industrial facilities in the San Francisco Bay. Assisted in the development of a method to define a mixing zone for each diffuser that could be applied uniformly regardless of ambient water flow and tidal conditions. Project Manager and Technical Lead, Southern California Developed and executed a soil sampling program at an amusement park in California to confirm soil quality prior to planned construction activities. Conducted employee interviews and a historic document review to identify areas of potential contamination from historic site activities. Collected soil samples at a range of depths at locations where planned construction activities overlapped with areas of potential concern. Project Manager and Technical Consultant, Needles, California Supported an investigation of the formation of a small delta in the Colorado River allegedly caused by land grading activities. Calculated stormwater runoff and sediment transport quantities from the watershed and from graded land and determined that grading had a less than significant influence on delta development. Project Manager and Technical Consultant, Kailua, Hawaii Assessed sediment and nutrient loading to Kaelepulu Pond in Kailua, Hawaii, from grading activities at an adjacent construction site. Soil and nutrient loss from the site was estimated using the universal soil loss equation as well as by the use of field data collected during storm events. Contributions of sediment and nutrients to Kaelepulu Pond from the construction site were evaluated with regard to sediment and nutrient loading from the greater watershed area. A comprehensive evaluation of site BMPs was conducted, which included comparison of the BMP plan to what was implemented in the field, and an assessment of BMP successes and failures during substantial rainfall events. This case settled at mediation July, 20, 2015. Project Manager and Technical Consultant, Secondary Lead Smelter, Los Angeles, California Evaluated residential soil metals data in accordance with DTSC guidance to determine the area of impact of an industrial facility. Reviewed and summarized literature and data regarding background soil metals concentrations in rneLropoliLan areas across California. Auended seLLlemenL discussions with DTSC on behalf of Lhe faciliLy. Council an s. Inc. 716/2021 Planners Engineers EXHIBIT 1 v ■ ow,0i1 Required Forms City Council 15 — 59 7/6/2021 EXHIBIT 1 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Il lfc, a,se sear foillowiirngt Ipages, =BII owi'llig Ilr&i'irncolin 6:o ns uilaeirntse, Ihic., t.uinre nt iiisu.uir>auna.a, certificate, sllneaenri'ung coverage Ilevells and inaarroiinig the City of Santa Anna as Aa: diitiionall Ilnsuired.. Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency City Council Page 12 7/6/2021 Acarra� CERTIFICATE OF LIABILITY INSURANCE EXHI AT IMMIDDIYYYY) 2/ 1 /2o'2 1 /26/2021 THIS CERTIFICATE IS 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER IOLLICII In[III".ince TilT1 ei,, fT.0 CONTACT NAME. 777 S_ I'laUiIL)d STIi CT, 52nd FI- PHON�AiCE CA L1, crt,L: µOr15767 ExI: fAlf, Nol E•M L Lpi .1DgeIGc CA 1)1)()17 ADDRESS: (213)689_000S INBURERR AFFORDING COVERAGE NAICN INSURER A: C 111111 & Iol'mel S ectilIt InSLIMOCC CO 44-t20 INSURED RIIILLIII ('011I 111LUIN, hlL_ INSURER B. Hai tford Fllc Insuianco 1,om fall 1 %82 14b2718 181)N.AehvoodA%c, INSURER C:SmisiAnCN3[1p1101In.SUranCCL_,impin 25496 INSURERD: Vdnliiiii (7A )11003 INSURCft C: (f 11 S COVERAGES kIN ) I CERTIFICATE NUMBER: ) ) REVISION NUMBER: 160 0- xXXXXXX 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CFRTIFIC.ATF MAY RF I$SUFD OR MAY PFRTAIN THE INSURANCF AFFORDFD RY THE POI I(:IFS DFSCRIRFD HFRFIN IS SURJFCT TO Al I THE TFRMS, EXCLUSIONS AND CUNDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POUCY NUMBER POLICY UP POLICY EXP LIMITS A x COMMERCIAL GENERAL UANUTY CLAIM.rMADC FT OCCUR V FPK-191g51 > I:7021 7/I /2077 taCHO C-HHtNCt a'3,000,000_ Unnnnt;l ins Nil u F IOO OOO N MEu tsH (nny one pemonl S 10,000 SIRRSO-000 x 1'&-1 HLHbONA'_SALVIN)!IHY S 3000000 GCN'LAGGREGATC IJMITAPPUCSPCR. GCNCIRAI_ AGGREGATC it 000000 YGJI:Y ❑ FRG- ❑ LDI: PHC]UUI:IS-l:C]MPlC1P AGG .R '1,000,000 $ ,)TIIFR: D AUTOMOBILEUABWTY Y Y 71ILNOL?481 2'1;2(121 2/1/2022 - t 1,000,000 80JILYIIWILKY(IWI)D 1a.n1 L xxxxxxx NYAUTO I (aei)HIREP-TO O,NNEU9L'HEUULtU\X,(XXXX P., I09 ONLY A!I109 PROPERTY D'njAMACEa0., S x Xixa ONLY AUTOS6,6 ONFY $XXXXXXX A UMBRELLA LIAR )( OCCUR NI NI ttY-11686, 2:1;2021 2/1/2022 FACHUC(...HHFN(:F b 5000000 X ACCHECATE S S 000 000 EXCESS UAB CI -AIMS -MADE DCD x RETCNTIONI 10000 1 xxxxxxx 1 1 (, WORKERS COMPENSATION Y N AND EMPLOYERS' LIABILITY ANYPRi)PRICTi)RIPARTNCRtEXCCUTIVC II:LIIMLMULI I LStLUULU� N NIA Y' 'r l0"10j2y - 2'I;7021 7JI/2Q72 x UAW I tR t-L-LA('h ACCIUtNI Y I O(1O (1(11) CLDISCASC - CA EMPLOYEE i 1000000 4I a ndntnry In NH) IIYY e Lilt�r , )Jll DESCUrTIDNOFOrEiATIONSbluA I I jkCiASI-w1,I'.Y IMI. T I 0 0 A f-.onn9I-TUry Pnllur nn Llai) N N EPK-111851 2'1;2021 2/1/2023 him: F3,000,000(X4,000,000 1:&0 1JA) -Claim, Made Limit .1T 3,000,0001$4,000,000 Reno Oate: 11_1911994 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE9 (ACORD 101. Addltl nl Re1nalN S011adule, may La altnchad Ir more apaw It ropulro<e IILIN(.LINII I,AIL1,I'LI<.LUJI.\LL I'It-V, 1.\L1 l�:.L.L)(LtIl:.\I Ll l III Ii ll I I1)LUIt, Al L(:.\IIL 10.1IL(.AI<RI-t\Li, I LIT INU I I L r)I(,'ILI MI.I K-I-1 L11:LA L11111 1]hl,T1 C>`mio.-Hro CpooinlTv oLol),ni, PAr,.-YN,, Rt,1IrI,,n1Pnr,.-Y,S,TRm;nrnvnnnn Pnr,-T;,n�(I�W-"Ino,.) Iin,ir-c<onnWill SIR -;In(1nn Ile(n. ,ftianr.A ,-.m 'L. .. 1, D.el,Pn., 11ALe ,y, 1lbdr urr-.r ,LL ]ee ,Lei1,1 d—I 1—t,—., Add Io JI.mueJule IIlpadJed I, I lei, _y l., ,u.,Le O( i1d0(4�Nll� 1t......LI pr 11,), , 'd LY th" T11111iL CILl1,:1 UI a-N`.! Ot Slit Oq,tt un Ipp1NI.I IItGI:II Y1 u1J4, � 11,Jt1 Y10I I4 Y Il n_ua,:, Ill l:Ull��' ll(O\Idi+j t0-id J,t:4 r1.1 IIL J(YIrYI c puni:uy,Jrr ,.rll ,pL-ILL -1 I(IfILTILL1 Ofl, ILVl, pr,vc Fxu InirylulluvV.(Lrc J I,r,illy A,N, I A)Ily Irld F:,Pl uyc. I.111)l (,rrn Numm�l. CPned1l ien npphc � pa Its )pyfitt,tlt po1i _ Ngg,�aga a I,13n 1n Mt& CERTIFICATE HOLDER CANCELLATION Seo AuaelwiiIUL3 16059509 City of Sanla Alla ltlik Nlanageint tt 1)1V6un 20 Civic Ccmi Plaza, 4th Floor SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Santa Aim CA 92701 AU I HORILLU REPHES�Kr �YT > 1488-20ltACORD CORPO II rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AnachmcntCod cD56R019CcrrificatcIT) :I6059509 EXHIBIT 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 02 B (Ed. 12-13) ADVANCE NOTICE OF CANCELLATION AND NON -RENEWAL ENDORSEMENT It is hereby understood and agreed that all cancellation provisions in the policy addressing the required number of days notice of cancellation by us or non -renewal by us are amended to be not less than: a. 30 days will be given for notice of cancellation for non-payment of premium. b. 60 days will be given for notice of cancellation for any other reason. G. 90 days will be given for non -renewal. Notwithstanding the previsions above, in no event will the number of days notice for cancellation or for non -renewal be fewer than the number of days required by statute. 'not applicable in Arizona, Pennsylvania. This endorsernenl changes the policy to which it is allached and is errecliv on the (]Ale issued unless alherwise slaled. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy(. -ndor,'muni LlfxGvc 211/2n21 P41i1y No- 110210329 Lnnc)N(,Tcnl N,1 5 Insured Rincon Consonants. Inr:P,,l'.cy Fffective Date J 00A Insurance company stac3tona National Insurance Company ItATIeWTI1111-11314-1 (Ed. 12-12 ) City Council 15 — 62 7/6/2021 EXHIBIT 1 TO BE INCLUDED IN PROPOSAL EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION List and describe fully the contracts performed by your firm which demonstrate your ability to provide the services included in the scope of services. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: Address: County of Los Angeles Development Authority Contract Individual: 700 West Main Street Alhambra, California 91801 Contract Amount: Varics Description of environmental services provided: Reference No. 2 Customer Name Address: Contract Amount Donald Dean Phone Number: 626-586-1740 Email: donald.dean@lacda.org Year: 1998 - Present On -Call Environmental Consulting Sertives City of Long Beach Contract Individual; Craig Chalfant 333 West Ocean Blvd., 5th Floor Phone Number: 562-570-6368 Long Beach, California 90802 Email: craig.chalfant@longbeach.gov Varies Year; 2008 - Present Description of environmental services provided: On -Call Environmental Consulting Services City of Santa Ana Community Development Agency City Council Page 13 7/6/2021 EXHIBIT 1 Reference No. 3 Customer Name: City of Santa Ana Address: 20 Civic Center Plaza, M-20 Santa Ana, California 92702 Contract Amount: Varies Description of environmental services provided: Contract Individual Phone Number: Email: Year: Ali Pezashkpour 714-647-5882 aoezashkpour(d),santa-ana.org 2000 - Present On -Call Environmental Consulting Services City of Santa Ana Community Development Agency Request for Proposals environmental Services — Housing Division City Council 15 — 64 7/6/2021 EXHIBIT 1 TO BE INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana (hereinafter "the City") shall constitute the entire agreement between proposer and the City only after it has been accepted by the City, endorsed by the Clerk of the Council with his/tier signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain: otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. Rincon Consultants, Inc. FIRM SIGNED AND PRINTED NAME Principal TITLE Deanna Hansen April 1, 2021 DATE City of Santa Ana Community Development Agency Request for Proposals environmental Services - Housing Division City Council ' --- --15 - 65 7/6/2021 EXHIBIT 1 TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of [his contract, terrifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class. 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, national origin or any other protected class. Such action shall include, but not he limited to, the following: employment, upgrading, dernotion, 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, national origin or any other protected class. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's cornmitrnents 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/services contracts in accordance with procedures authorized in Execration Order 11246 or September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana Community Development Agency Request for Proposals environmental Services — Housing Division City Council ' --- -- 15 — 66 7/6/2021 EXHIBIT 1 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 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as provided in Section 1420, and any Contractor violating [his Section is subject to all the penalties imposed for a violation of the Chapter. Rincon Consultants. Inc. FIRM SIGNED ANDPRINTED NAME Principal TITLE Deanna Hansen April 1, 2021 DATE City of Santa Ana Community Development Agency Request for Proposals environmental Services - Housing Division City Council ' "6` - 15 — 67 7/6/2021 EXHIBIT 1 TO BE INCLUDED IN PROPOSAL 1*101*1111 CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES HOUSING DIVISION PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this � day of Jb4_ , 20 . by Deanna Hansen , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. j- `.��1ASwmA JOCELYN ANDERSON COMWt. „2219154 z Notary Puufic - Ca1itornia o a L.OS Angeias County M Comm. Expires2021+ otary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals Environmental Services -- Housing Division Page 18 City Council 15 — 68 7/6/2021 EXHIBIT 1 EXHIBIT B COMPLNSATION Fee Proposal including hourly rates it applicable City Council 15 — 69 7/6/2021 EXHIBIT 1 TO BE INCLUDED IN PROPOSAL EXHIBIT B CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. FEE SCHEDULE Please provide a list of environmental services and forms that the firm has provided and can provide to the City, along with a proposed fee schedule. Rincon Consullanls. Inc. 213-788-4842 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 200 East 1st Street, Suite 250, Los Angeles, California 90012 BUSINESS ADDRESS Dea ma Hansen Principal PRINTED OF AUTHORIZED AGENT TITLE ..-G ti:� Api511, 2021 dhansengrinconconsultants.com SLGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 77-0390093 904732 FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Community Development Agency City Council Page 11 7/6/2021 FRincon Consultants, Inc. EXHIBIT 1 Sta:Inlalaild IFee Schedule toir Enviilronl*nenitall Sciences r.:llnd II'llciinllniilnig SE,irvl'a:a-�s Principal II $247 Director II $247 Principal 1 $227 Directui 1 $227 Senior Supervisor 11 $211 Supervisor $201 Senior Professional 11 5180 Senior Professional l $165 Professional IV $149 Professional 111 $134 Professional 11 $118 Professional 1 $108 Associate 111 598 Associate II $9 Associate 1 584 Project AssisLani 577 Senior GIS Specialist $144 GIS/CADD Specialist II $129 GIS/CADD Specialist 1 $115 Technical Editor $11s Production Specialist 591 Clerical 577 'Professional classifications include environmental scientists urhan planners hiolo ist5 Colo ist5 marine scientists GHG verifiers, sustainahility experts, Cultural resources experts, and other prnfessionals. Expert witness services consisting of depositions or in court testimony arc charged at the hourly rate or $3S0. IRo': iinbuslrsable IL`•:xpa*uses. Photocopies — Black and White Photocopies — Color Photocopies — 11 x 17 Oversized Maps Digital Production Licht -Duty and Passenaer Vehicles' $0.20 (single -sided) & $0.40 (double -sided) $1.50 (single -sided) & $3.00 (double -sided) $0.50 (B&W) & $3.30 (color) $8.00/square foot $15/disc and $20/flash drive 4WD and Off-Huad Vehicles' $135/day So 6c;/mile for milPagr nvPr SO and for all milPc inriorPd in PmpinyPP-nwnPrI vPhirlPs. other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing tees, mailings and postage, pertorrnance bonds, sample handling and shipmpnt, rental equipment and vehicles other than covered by the ahnvp rhargps. Annual Escalation. Standard rates subject to annual escalation. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 10 days from rcccipt. City Council 15 — 71 7/6/2021 E n , I r c n m 6 a r e t -S c 1 6 n t l a 3 P I a n n 6 r 3 E n 9 l n 6 6 r s rRincon Consultants, Inc. EXHIBIT 1 UAS Drone $2S0 Spotting or Fiberoptic Scope $155 Pettersson Bat Ultrasound Detector/Recording Equipment $1S5 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $103 GPS (Sub -meter Accuracy) $60 Infrared Sensor Digital Camera or Computer Field Equipment SS2 Scent Station $21 Laser Rangefinder/Altitude $10 Pit -tall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $8 Mammal Trap, Large/Small $1.50/$O.SO Boat (26 ft. Radon or Similar) $565 Boat (2n ft. Boston Whaler or Similar) $31171 Multi Parameter Sunde (Temp, Cund, Turbidity, DO, pH) with GPS $155 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) SS7 Refractometer (Salinity) or Turbidity Meter $3S Large Block Nets $103 Minnow Trap $88 Net, Hand/Large Seine $10/560 Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety $100 Equipment, and BoLanic Collecting Equipment) Remote Field Package (Digital Camera, GPS, Thermnmeter, Rinnrulars, Tablet and Mifi, $130 Delorme Satellite Beacon, 24-Hour Safety Phone) Amphibian/Vrrnal Pool Field Package (Digital Camera, GPS, Thrrmomrter, Decon $15S Chlorine, Waders, Float Tube, Hand Net, Field Microscope) Fisheries Equipment Package (Waders, Wetsurts, Dip Nets, Seine Nets, Bubblers, $S2 Underwater and Marine Sampling Gear (U/W PhoLo/Video Carnera, Scuba EquiprnenL $50/diver (Tanks. BCD, Regulators, Wetsuits, etc.) Marine Field Package (PFDs — Personal Flotation Devices, 100-foot Reel Tapes with $50 Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Retractometer, Anemometer, Various Field Guides) L&II Dive Insurance $SO/diver Level C Health and Safety $60/person ------------------------------------------------- Page 2 EXHIBIT 2 ENVIRONMENTAL SERVICES AGREEMENT CITY OF SANTA ANA TUTS ACiRFFMENT is made and entered into on this I" day of August, 2021 by and between Chambers Group, Inc, a Califomia coi-horation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State irfCalitoinia ("City"). RECITALS A. On March I, 2021, the City issued Rcqucst for Proposal 21-017 ("RFP") sccicing proposals from qualified vendors having special skill and know -ledge in the field of on -call environmental review consulting services. B- Consultant is one of three vendors to timely submit a responsive proposal, which was selected by the City. Consultant rcprescnts that i[ is able and willin [o provide such services to the City as described in the RI:P and Consultant's proposal, which ;ire incorporated by reference as though fully aliached hereto. C- Tn undertaking the perfointancc of this Agreement, Consultant rcprescras 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 mllttlal 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 daring the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment. and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhihit A, attached hereto and incenporated by refer-enec- 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consuhant shall be paid only for acutal services performed under this Agreement at the rates and changes identified in Compensation - Exhibit It. The total compensation provided to all consultants selected tender RI;P 21-017 w perform shall not exceed an aggregate ,unounl of M 50,000 annually, for a potential total not to exceed amount of $450,000 during the entire term of the. Agreenent, including extension periods- b. Payment by City shall be made within foray -five (45) days following receipt of proper invoice evidencing work perfonmed, subject to City accounting procedures- Payment City Council 15 — 73 71W€0211 of 9 EXHIBIT 2 need not he mnde for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City_ 3. TERM This Agreement shall commence on August 1, 2021 and continue until July 31, 2022, with the option fix the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the. City Manager and the: Citv Attorney, unless terminated earlier in accordance wall Section 15, Below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agr'ccment is not intended nor shall i( be construed to create an employer -employee relalionship, a join( venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant pert2rrms [Ile services which are the subject matter of this Agreement, however, the scrviccs to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license [hr City to copy, use, modit'y, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, arid other docutrtem_ or works of authorship fixed in any tangible medium of expression, including but not limited to, plt_ysical drawings or data magnetically or otherwise recorded on computer disl<ettes, which are prepared or caused to be prepared by Consultant under this Agi-eement ("Documents & Data"). Consultant shall recµrire all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subeoutactol prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Dala. Consullant makes no such representation and wanan(y in regard to DOCnmCnt,, & Data which were provided to C011SLLltant by the City_ City shall not he limited in any way in its use of the. Documents and Data at any time, provider) that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to tundcrtaking pectin manec of work under this Af;rccment, Consultant shill maintain and shall require its Subcontractors, ifany, to obtain anti maintain irrsu .ance as described below; I Commercial General Liability Insurance. Consultant shall maintain commercial general liabilily insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(,,) and shall include, but not be limited to protection against claims atising from bodily and pct'sonal injury, City Council 15 — 74 7/W,, €02Z1 of 9 EXHIBIT 2 including death resulting therefrom and dunnage to property, resulting from any act or occurrence arising out of Contractor's operations in the perlonnauce of this Agrecmennt, including, without litnitatiun, acts involving, vehicle,;. The amounts ul' insurance shall be not less than the tollowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amotutt of $1,000,000 per occurrence, with S2,000,000 in the aggregate- Such insurance shall (a) name lnc City, its ofGccrs, culployccs, agents, and representatives as additional insurcd(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City: and (c) contain standard separation of insureds provisions. b. i3usines,auto»nohiIcliabilityinsurance, orequivalentfornt,with acombinedsinglc limit ol'not less than $1,000,000 per occurrence- Such insurance shall include coverage for owned, hired and nun -owned automubiles. C. Worker's Compatsation Insurance. In accordance with the provisions of Scetiun 3700 of the I abor 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 c niniencing the performance of the wort: under this Agreement, Consultant agrees to obtain and maintain any cioployct's liability insurance with limits not less than S1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000.000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section- i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City- in- Certificates and policies shall state that the policies shall not be eamceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the anuxints or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the annxunts provided by the ccititieates of insurance shall be incotporaccd by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsennent. f. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insuraunec has been plvau-ed and is in force and paid 10 , the City shall have the tight, at the City's election, to forthwith terminate this Agreement. Such tenninatiun 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 City Council 15 — 75 71W! €02;1of9 EXHIBIT 2 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 C'ily, its of7icers, agents, employees, contractors, special counsel, and representatives from liability: (1) lorpersonal 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 ils behalf which relates to the services described in section 1 of this 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 from this Agreemett. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restinrtion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of ilie events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement- The Consultant further agrees to indemnity, hold harmless, and pay all costs &n 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 ol', or elTects arising Isom this Ag eernent- City may make all reasonable dccisioos with respect to its representation in any legal proccctling. NotwitbAanding the furcgoing to the extent Contractor's services arc subject to Civil Code Section 2782.8, du above indemnity shall be limited, to the extent required by Civil Code Section 2782.8. to claim, that arise oul of-, pertain to, or relate to the negligence, recklessness, or m illful misconduct of the Contractor- S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employee., against any and all liability, including costs, for infringement Of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Tile, costs ino:urred under this Agreement and any services, expenditures, and disbursements charged to the City for a mininuun period of three (3) years, or for any longer period required by law, from the date of final payment to Consulanl under this Agreement- All such records and invoices shall be clearly identifiable. Consultant shall allow it representative of the City to cxarrtinc, audit, and make transcripts or copies of such records and any other documents ciliated pursuant to ibis Agreement during regular business hours. Consultant shall allow inspection ofall 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 tills Agreement. City Council 15 — 76 71W €0241 of 9 EXHIBIT 2 10. CONFIDENTIALITY It' Consultant receives lium the City infonnatiou which due to the nature Of such iutinmaticnt is reasonably understood to be contidcntial and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and foLher agrees to exercise the same degree of care it uses to protect its own inRomation of' like importance, but in no event less than reasonable care_ "Confidential Infirrmation" 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 ofnon-use and rrorrdisclosure shall not apply to Lilly information that (a) has been disclosed in publicly available sources; (b) is, drrough no fault Of the Consultant disclosed in a publicly available source; (c) is in riglttfiil possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, wfiich would conllicl in any manner with perionnance of Services sped lied under this Agrcctacul. 12. NON-DISCRIMINATION Consultant shall not disaiminatebecause of race, color, creed, religion, sex, marital stars, 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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete, and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In The event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail_ this Agreement may not be modified except by written instrument signed by the City and by an authorized representative ol' Coruraetor. The parties agree that any terms ur conditions of any purchase order or other instumcnt that arc inconsistent with, or in addition to, the terms and conditions hG'cof, shall nut bind or Obligate Consultant Or the City. I[ach 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 patty, which is not embodied herein. City Council 15 — 77 7/�1 €0 -1of9 EXHIBIT 2 14. ASSIGNMENT lnatinn-Wh as this Agreement is intended to acCurc the specialized services ol' Contractor, Consultant may not assign, transfer, delcgate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the (- ity'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'thc services which are the subject to Ibis Agreement performed by City personnel or by other Contractors retained by City. 15. TLRMINATION This Agreement may be terminated by the City upon Thirty (30) clay, written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services pertormul by Consultant prior to receipt of inch notice of termination, ;ubjeel to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all wort: product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohihitcd by law, and Consultant consents to the City's usee 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 kecitals 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 party waiving the breach, failure, right orrerncdy- No waiver ofany breach, [irilurr or right, or rerned-v shall be decried a waiter of any other breach, falllarC, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreeinent has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be thee venue for any action or proceeding that may be brought or arise out ol" in connection with or by reason ol'this Agreement- 18. PROFESSIONAL LICENSES ConsUltant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions ucccssary 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 City Council 15 — 78 71W €07�1of9 EXHIBIT 2 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ol'this Agreement_ 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be decried to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or oilier telegraphic contmunicatiorl in the planner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Ccntcr Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927o2-1999 Fax: 714- 647-6956 With courtesy copies to: Executive Director Ccnntnunity Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O_ Box 19KK Santa Ana, California 92702 To Contractor. Mike McEntee President Chambers Grcnip, Inc. 5 1lutton Ccntcr Drive, Suite 750 Santa Ana, CA 92707 1-949-261-5414 A party may change its address by giving notice in writing to the other patty. Thereafter, m_y eotnmunieation shall be addressed and transmitted to the new address_ If sent by mail, communication shall be effective or deemed to have been given three (3) clays after it has been deposited in the United States mail, drily registered or certified, with postage prepaid, and addressed as set forth above. I I sent by fax, communication shall be effective or deemed to have been given twenty-f(Htr (24) hout_S after the time set firth on the transmission report issued by the transmitting facsimile machine, addressed Lis set firth above. For purposes of calculating these lithe frames, "eckends, federal, state, County or City holidays shall be excluded. City Council 15 — 79 7/Wa201271 of 9 EXHIBIT 2 20. MISCELLANEOUS PROVISIONS a- Each undersigned represents and wan -ants that its signature herein below has the power, authority and right to bind their respective parties to cacti of tttc terms of this Aerecnunt, and shall indemnify City fully, including reasonable costs and allorney'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- The Agreement is the final and complete agrecanent and any prior or eontCnI porancous agreements litr similar services between the pat Ues is superseded by this Agreetnem. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Fxhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the hody of this Agreement. SignalnreS on /b11oi%4ng page, City Council 15 — 80 71W€O2K1 of 9 EXHIBIT 2 TN WTTNFSS WTTF.REOF, the panties hereto have executed this Agreement the date and year first above Wriuen. ATTEST: Daisy Gomez Clerk Of Tilt Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney f By: V Ryan O.'I{odgc I Assistant'city Attorney RECOMMENDED FOR APPROVAL: StCVCII Mendoza, EXCCntivc Dircetrjr Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Mikc Mektitcc President City Council 15 — 81 71W €07y1 of 9 EXHIBIT 2 EXHIBIT A SCOPE 01: SERVICES City Council 15 — 82 7/6/2021 EXHIBIT 2 CIIINAMIIIsE tS G". jsi A J i J. J'J )J' i Nil i. ll�,J I A i �REVJFW I AL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY 15-83 1 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency A. Cover Letter............................................................................. B. Organizational Background ................................................... C. Scope of Services..................................................................... D. Firm and Personnel Experience ........................................... E. Relevant Expericnce................................................................ F. Subconsultants.......................................................................... Appendix A G. References (Exhibit D) H. Fee Schedule (Exhibit B) Fxhibit C Insurance Exhibit E Proposal and Contract Agreement Exhibit F Certification of Nondiscrimination Exhibit G Certification of Nan -Collusion Affidavit Appendix B Project Team Resumes LA .''. �� City Council Est 7979 15-84 VVWW ( Il I ) I i i Iu ). ) II (( ,III 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency ? ,v an ��I David Flores Community Development Analyst City of Santa Ana, Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Subject: RFP # 21-017 On -Call Environmental Review Services for Housing Division Dear Mr. Flores: April 1, 2021 As a comprehensive environmental company with over 41 years of experience, Chambers Group Inc. offers the City of Santa Ana (City) a full complement of in-house planning and technical services_ Our dedicated staff members have successfully executed hundreds of environmental and planning reports and studies in full compliance with California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and the full range of applicable environmental legislative policies. • Current, Local Experience in Orange County: Chambers Group and its team of professionals have a stronp, experience and understanding of local laws, ordinances, regulations, and policies. We are committed to ensuring that all planning and permitting activities remain in compliance with jurisdictional regulations and related expenditure guidelines. We had two Master Service Agreements with the City with a recent project being Lincoln - Fairhaven Access Trail Addendum. • Proven Track Record of Innovative Solutions Working Under On -Call Contracts: Charnbers Group has developed a systematic approach to project management of on -call contracts. In the last 10 years alone, Chambers Group has held over 100 on call contracts with various cities, counties, and agencies throughout Southern California valued at over $20 million in contract tees. Chambers Group actively holds on -call contracts with the County of Orange, City of Beaumont, City of Moorpark, and City of Desert Hot Springs. We have completed numerous Environmental Assessments Determinations and Compliance Findings for HUD -assisted Projects (24 CFR Part 58) for the County of Orange and various cities. Our headquartrrs office is bawd in Santa Ana and our staff members are available to he at City Hall at a rnoment's notice. The Chambers Group team is structured in such a way that is efficient and effective for On -Call contracts. The Learn will be led by Kelene Strain as Project Manager. She will also serve as the primary point -of -contact and will proactively collaborate with the City. She has decades of experience with a great deal of project experience with U.S. Housing and Urban Development (HUD) projects. Kelene will be supported by a team of CEQA and NEPA practitioners and subject matter experts, including Vista Environmental to provide support for air quality, greenhouse gas (GHG) emissions, and noise analyses. Vista Environmental has completed numerous complex air and noise studies that conform to both the CLQA and NLPA requirements with Chambers Group. Converse Consultants (Converse) will provide Phase I and Phase II Environmental Site Assessments; Lead Risk Surveys; Lead and Asbestos Testing, Monitoring and Clearances; and Soils Testing. Lins(OLL, Law & Greenspan, Engineers (LLG) will provide support for Transportation Impact Assessments. As President of Chambers Group, I attest that this proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that I as signer of the proposal has full authority to bind Chambers Group. If you have any questions about this proposal, please contact me or our Project Manager, Kelene Strain at (949) 261-5414 or by email at mmcentee@chambersgroupinc.com or kstrain@chambersgroupinc.com. Sincerely, INC. Mile Mc6iyeQ0i € h'bht 15 — 85 7/6/2021 Est -W7979 vvww� RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santo Ana Community Development Agency Company Information Firm Name, Address & Phone Numbcr Chambers Group, Inc - Headquarters - S Hutton Centre Drive, Suite 7S0 Santa Ana, CA 92707, (949) 261-S414, (866) 261-3100 (tax) Los Angeles County Office - 600 West Broadway, Suite 250, Glendale, CA 91204, (213) 623-1859, (866) 261- 3100 (fax) San Diego County Office 9520 Chcsapcake Oriva, Suite 202, Sari Diego, CA 92123, (858) 541 2800, (866) 261 3100 (fax) Celebrating over 41 years of providing environmental consulting services, Chambers Group, a Small Business Enterprise (SBE) is an Employee -Owned S-Corporation, incorporated May 25, 1979. Chambers Group has 67 active employees across a range of technical fields and Supporting roles. Services Include: CtQA and NtPA compliance • Biologiral surveys and agency consultations • Biological, Cultural, and Marine and Aquatic resources • Cnlutruetmn mltlgatlon monlmring n" _ ri I ,`�i.v_ ",IA c"_c�.s • Habitat res[oratlon and rcvcgctatlon • Geographir Information Systems ((-,Is) • Environmental planning and permitting Environmental Services (including CEQA and NEPA Document Preparation) The following scope highligliLs the CEQA and NEPA environmental document process. DeLailed cope and deliverables will be provided on a project -by -project basis. We understand that the projects would Support project applicants, property owners, developers, and City staff. Pecr Review Applicant and City -prepared CEQA documents and technical studies will be reviewed by Chambers Group to ensure that each resource area has been adequately analyzed and that questions in the CEQA Appendix G checklist have been answered thornughly. Chamhers Group will review any regulatnry informatinn pertinent to the project and call nut any changes required based on guidelines published by the Office of Planning and Research if applicable. Either CEQA-level or detailed technical reviews will be completed on technical studies provided depending on the level of effort needed bythe City or Applicant. Chambers Group will also review City and Applicant prepared documents to ensure compliance with the City's General Plan, City Code, Specific City plans, and/or Development Code. C' EQ: A Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. Our approach to CEQA is always tailored to each individual project, so, based an the project, level of controversy/complexity, and environmental impacts, we. pick the right document to be good stewards of public funds. V'lalohc Src',Idn;F, fda c;uuvys, I1(.wmrgs, mid Par-ticLpmicon For typical projects, Chambers Group plans to attend the tollowing: • Project Kick-ott meeting with City staff, and other required project attendees • Scoping Meeting lif required) • Public Comment Meeting (if elected) • Ploblic/Community Outreach • Internal meeting prior to Planning Commission meeting • Planning Commission meeting • City Council hearing for a decision an the project (if necessary) City Council Est 7979 2 15-86 VVWW ( Il I )I i I(( ). 1 I.;.(;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Scalping Meeting and/or consultations with agencies are not required by CEQA, but can be a useful tool to supplement required Scoping periods. Chambers Group will coordinate with the City, and other agencies deemed appropriate to identifythe environmental areas to be evaluated, and the methodological approaches to be used, if requested. A Public Scoping Meeting may be held to present the proposed project to the public and provide them with an opportunity to relay their concerns and suggestions for the environmental studies. A record of these meetings and consultations will be included in the CEQA document. Prior to each meeting, a flyer will be distributed notifying interested persons of the workshop. The focus of these meetings will be to gather concerns of the: • Project Stakeholders; • property owners/occupants adjacent Lo Lhe project siLe, and • public interest groups, and other concerned individuals. The information gathered during scalping meetings and public comment meetings are helpful in gathering the required information to properly analyze the environmental document for a project, whether it is a Negative Declaration (ND), Mitigated Negative Declaration (MND) and/or Draft Environmental Impact Report (EIR)/Final EIR. ?f e if] _._!F 1 v, _r_ IL" After receiving a notice to proceed (NTP) for a project from the City, Chambers Group will be prepared to meet with the City and other relevant parties such as the City consultants and project Applicant(s), at a Project Initiation/Kick-ott Meeting to discuss the project and receive all available project information. Chambers Group will work closely with the City to determine what additional data, if any, must be collected in support of the appropriate CEQA document. In addition to CFQA donrments, ('hamhers Group will provide additional related tasks to assist the City such as collaboration with various consultants, State and local agencies, and coordination with the City departments such as the Planning and Building Agency, the Public Works Agency, and the Community Development Agency. Chambers Group's will provide the City wiLh a Lailored approach LhaL adapts Lo changes in CEQA case law and any CEQA Guideline updates. Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. For example, the Berkeley I hillside Preservation v. City of Berkeley case gives deference to the lead agency for determining when a project may be exempt from CEQA. The summaries below highlight the general approach of CEQA, other technical services, and general adrninistrative support to the City. 11, i i - ire+. rl f e- I dGrrl ' { , hi li'�1 Preparation of an IS Checklist will be completed to confirm the appropriate environmental documentation for a given project. The 15 will be prepared using the most recent revision of the 15 Environmental Checklist Form suggested in the CEQA Guidelines Appendix G in compliance with CEQA Section 15063. Charbers Group will identify issue areas where no impacts, less than significant impacts, or potentially significant impacts would result from the proposed project. Further analyses will be provided for specific resource areas that may be of concern based on the project arm or based on technical analyses provided by outside consultants. These include analyses on a project's consistency and applicability to the City's General Plan policies, zoning, and specifications. The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. We understand the importance of being good stewards of public funds and will use our CEQA expertise to ensure that the City is preparing the appropriate CECLA document based on the project impacts and project type. i h. ter r�gll r,ij,rigr (`Ir.I �) Chambers Group, in consultation with the City, will determine if there is an appropriate exemption for a project. A project will be analyzed whether it would quality for a Statutory Exemption (per Article 18) or a Categorical Exemption (CE) under the CEQA Guidelines. Exclusions granted by the Legislature would be considered statutorily exempt. An IS may be prepared to confirm the preparation of an exemption or provide supplemental environmental analysis for the project. The exemption may also include other technical studies if required by the project. Chambers Group will file the NOE with the Orange County Clerk Recorder. City Council 3 15 — 87 7/6/2021 Est -roe"' 7979 vvww(f L. i.; corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency f I rI r , , I'k I fn wa, , , if,// %criero ak.,I Il, -+nrr , I _-dr ,vlm,, (MI iI ,, The process for preparing a NDis the same as a MND with the exception that a Mitigation Monitoring and Reporting Program (MMRP) is not required under an ND. Therefore, only the MIND process is described. A MND will be prepared when a project will have a significant effect on the environment, but such effects can be mitigated to a less than significant. If after preparation of the IS, it is identified that one or more significant impacts would occur, CEQA allows the preparation of an MND when those impacts can be mitigated to a Tess than significant level. Based on CECIA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. r r Itr,mrn, rtm m,(,a r 1 y ur if If , Preparation of an EIR is a more detailed process and requires more effort than the preparation of a MND. An EIR would be prepared if there is a potential for significant impacts which cannot be mitigated to a level less than significant or if significant public controversy or scrutiny exists. In which case, an EIR would be the more legally defensible document. Preparing an EIR will require completion of several important steps, from study initiation through development of the project description and Draft EIR, to attendance aL public hearings and Final EIR preparation. The process for a more complex EIR would likely include additional seeping meetings (if the project is deemed to be controversial), complexity of technical issues, number of alternatives assessed, possibility of extra internal review cycles, more complexity in responding to public comments for the final document, a more in-depth mitigation monitoring plan, and additional public meetings. NI I IA, We assume that a majority of the environmental documents for the City will be required to also comply with CEQA; however, we have prepared an overview below focusing on compliance with NEPA, should the projects have federal funding or permitting. ffhe BN1:PA i;hA' extre v, O #Wr,Y" The curre'Bbfi adrrhvw6 fiPA➢1[ on, wiTICY NEW'rrl 4fP"(:yCtlfQOffP2AtldIF being Ld,pdazedV enore in the j'ml. e fi w yt or+. eelrv#b eo< ey J,,Ve tCiy2e f° rt`Abdl'2 ttir j✓ 09b 1970. 4',fdduAd b.rtS Geoulp Skoff V00f'O[ Rood in Si.rvy 101A did lfdPde nn RA'bT' CfbCNYbd}'ddPzy "zy W'AlYni➢A]Y is 'die CAmpleon sUp A 0411'1,11htty NEPA in oid ex tv CCRAftlze,: ipe,,wrtfini Y l oppo'4gu ifies to dehvei mole con CASE' A'id➢(.Iunwent:s, /RY!:fi,t f' rinf `19n es, rind lower d'd' srs Man Tiwrr rt'rtD6UbR crtt7,am Below is a briet summary of the recent updates to the NEPA regulations and how Chambers Group has adapted. I v,, rrrr✓r i'r,h.r l 1'rl'7 Executive Order (EO) 13807 was signed on August 15, 2017 with the purpose of streamlining environmental review and authorization decisions for major infrastructure projects to two years. Following EO 13807, the Department of the Interior signed Secretarial Order (SO) 3355 on August 31, 2017 to streamline the NEPA process for all projects in all Interior Departments, hollowed by many other Secretaries. In a series of memorandums on implementation of SO 33SS, page numbers and timelines of Environmental Impact Statement (EIS) and Environmental Assessment (EA) documents were limited. EIS documents are required to be 1S0 pages or less for a standard project and 300 pages or less for unusually rnmplex prnjerts. Additionally, FIS documents must he completed within one year frnm the issuanrp of a Notice of Intent (NOI). EA documents are required to be 75 pages or less, excluding appendices, and review of the document is required to be concluded within 180 calendar days from commencement. Chambers Group will actively coordinate with the City and other reviewing agencies to create a detailed schedule including submittal deadlines and review periods in order to maintain compliance with SO 33SS time limits. Further, Chambers Group has internal processes in place to budget page limits in accordance with SO 3355. rrrl ,,,I On June 4, 2020, an EO was signed to provide federal agencies the foundation, under the National Emergencies Act, to speed up environmental permitting in response to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. The EO allows agencies to take all reasonable measures to accelerate actions that will strengthen City Council Est 7979 4 15-88 VVWW ( Il I )i i I(J ). ) II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency the economy and return Americans to work, while providing appropriate protection for public health and safety, natural resources, and the environment, as required by law. I he leaders of all agencies are directed to use, to the fullest extent possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, analyses that have already been completed, and concise and focused analyses, conslstent wlth NEPA, the Council for Environmental Quality's NEPA regulations, and agencies' NEPA procedures. With this knowledge, Chambers Group staff will pursue streamlined NEPA processes and push project timelines to the greatest extent possible to take full advantage of the allowances under EC) 13927. r Mr, @ u r r, r"r'rr r r n ;raafny l (n , Ir r JI wl^A I uh On July 16, 2020, the Council on Environmental Quality (CEQ) published their final rule to update the regulations for Federal agencies to implement NEPA for the first time in 40 years. The final rule revises, modernizes, and clarifies the regulations with the intention to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action. Some key changes to NEPA involve the use of CEs, as well as cumulative impacts and CHC analyses. The final rule provides that agencies may use CFs to define actions that nnrmnlly an not have a significant effect and may adopt another agency's CE determination or portions thereof if the two actions subject to the determinations are substantially sirnilar. Additionally, the cumulative impacts analysis is no longer required as part of a NEPA review. With respect to GHG, CEQ explains in the preamble to the final rule that "the analysis of the impacts on climate change will depend on the specific circumstances of the proposed action" and that agencies "will consider predictable trends in the area in the baseline analysis of the affected environment." Although cumulative impact analyses are not required, CEQ clarified that consideration of the cumulative and indirect effects of climate rhange are not prerluded by the final rule. r Il N/1 I Ir nrrrrrr. f rn+f `>,. n(,r n. Arl'�r;,rr n_ ry/ After receiving a NTP from the City, Chambers Group will be prepared to meet with the City and project Applicant(0, when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies. This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared. Chambers Group will assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require Lhese meetings (such as during the preparation of an EIS. While iL is noL necessary Lo conduCL scoping meetings during the preparation of Environmental Assessment, this could be helpful in data collection for a project. rar�,+"it 1! t .lrr rinri r. rsr There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not limited to statutory exemptions, emergencies, and classified information. Any of these, and some additional exempted actions, may involve the City to some degree, by way of location of the action within the City. Thus, the City may have a role in the NEPA process as a Review Agency, or as a Lead or Co -Lead Agency. As such, the City may be responsible for preparation of some type of record of environmental consideration, documenting the applicability of the NEPA CE. f c r,rrrn �w, I /1".:>'.'. u" nl / Fit fr if, :I i, if r, ml,f n r li j -n-t 0 f, l +: l "h An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts are anticipated. It will provide sufficient evidence and analysis to determine whether or not an HIS is required. The EA would be limited to an analysis of potential significant environmental issues which area identified through a scoping process with the public and review agencies. I he LA will include brief descriptions of the need for the proposed project, alternatives to the proposed project, the environmental impacts of the proposed project and its alternatives, and a listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the FONSI that outlines the reasons why the federal agency has concluded that no significant environmental impacts would result from implementation of the proposed action. The FONSI will inform the decision record for the federal agency- [ / ,nrJ r' ,I i I(r' f I t ' f (,pI. F'prr rt;(/ Chambers Group will prepare on EA in accordance with HUD's format for EA Determinations and Compliance Findings for I IUD -assisted Projects (24 CFR Part 58). tll��.�oi City Council Est 7979 5 15-89 VVWW ( Il I I I i , I(( ). ) II Lf,111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency The EA will be prepared utilizing the format preferred by HUD, which includes the following sections: 1. Project Information 2. Funding Information 1 Compliance with 24 CFR SD.4, S8.5, and SS.G Laws and Authorities 4. EA Factors 5. Mitigation Measures and Conditions The analysis of the environmental effects and significance will address direct, indirect, and cumulative impacts of all the alternatives considered. These include the discussion of the Project's compliance with statutes, executive orders, and regulations listed at 2,1 CPR 50.4, 58.5 and 58.6, and environmental assessment factors including land development, socioeconomic, community facilities and services, and natural features as appropriate. Upon completion of the EA, Chambers Group will enter the EA and associated documents into the HUD Environmental Review Online System (HERDS). I ,i rl I ,f) i', 'rnl f' , n r,ir Ir , I" y^ frr' 0 H T"O"q To help Responsible Entities facilitate the environmental review process, HUD's Office of Environment and Energy (DEE) has developed HERDS. HERDS is a web -based system for Responsible Entities to prepare and manage their Environmental Review Records (ERR). HERDS applies to all environmental reviews for HUD -assisted projects. HERDS streamlines the environmental review process for Users by replacing the existing paper -based process with a comprehensive web -based system. Users can create electronic Lnvironmental Review Records and manage their reviews from a single, electronic portal. HERDS facilitates easier organization, sharing, and communications between a Responsible Entity and its partners. f i f f , futf,-n r, ri m C'rr r `t,r rner i 0I ,, An EIS would be required if a federal action would result in the significant effects of the quality of the human environment. Chambers Group would prepare Chambers Group would prepare the NOI for publication in Lhe Federal Register for the Project. The comments received on the NOI will be used to further refine those impact areas that will be analyzed in the EIS, if needed. The comments reviewed will be discussed with the City and federal agency to determine whether the Scope of the EIS should be expanded. The NOI, comments received, and all correspondence will be included in the EIS appendices. The EIS will address direct, indirect, and cumulative impacts relevant to the proposed action. Following the public review period, the Final EIS would incorporate comments, responses, and changes to the Draft FIS (DFI$). The FIS process ends with a Record of Decision that outlines that federal agency's decision, describes dlLernd Lives considered, and discusses any necessary rniLiga Lion or monitoring plane. Technical Studies The following sLudies and services are in response Lo services IisLed in Lhe RFP, however, if addiLional sLudies (such as visual impact assessments and simulations or hydrologic/hydraulic assessments) are required as part of completing CEQA compliance and documentation, we would be happy to provide those services through a combination of in-house and SUbconsultant personnel. f rP,rertll"^,u Chambers Group's biology team may utilize our deep bench of well-rounded biologists allowing for scheduling of simultaneous tasks at multiple sites. Our biological resources staff hold permits from the United States Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife (CDFW) for collecting select species, conducting protocol surveys for sensitive species, and following specialized habitat evaluation procedures. The biology staff includes botanists and restoration ecologists who survey for sensitive plant species as well as specialize in restoration, revegetation, and soil analysis. In addition, Chambers Group staff are certified to perform wetland delineations. Our staff have conducted numerous database searches, Habitat Assessments, threatened and endangered species surveys, mitigation monitoring, and reports in Orange County. City Council Est 7979 6 15-90 VVWW ( Il I ) I i , Iu ). ) II L. IIII 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Chambers Group biologists will prepare biological technical documents, develop mitigation measures during the final design to avoid, minimize, and/or compensate for impacts to biological resources, and prepare any required restoration and mitigation monitoring plans. Chambers Group biologists will coordinate with wildlife agencies and assist in a full range of consultant services under federal and State endangered specles acts. Our staff provides permit assistance for all project aspects (including a United States Army Corps of Engineers (USACE) Clean Water Act Section 404 permit, CDFW Section 1G02 Lake and Streambed Alteration Agreement, and Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification). In addition, our staff will communicate and coordinate with the City's engineer and environmental staff, resource agencies, and construction contractors regarding project schedules and the effects of design changes on the environment. Our staff will anticipate issues and provide solutions to avoid conflict. Should a project involve HUD, biological assessments will include a discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6. Chambers Group can provide Cultural Site Evaluations, Cultural Resource Mitigation, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) mitigation of Built Environment Resources, Ethnographic Studies, Historic Resource Treatment and/or Mitigation Plans, and Paleontological Resource Recovery, Analysis, and Restoration. Our archaeologists conduct cultural resources studies in accordance with the Secretary of Interior Standards for archaeological investigation. In addition, our archaeologists also: • Manage large programs and multiple concurrent task orders in compliance with Sections 106 and 110 of the National Historic Preservation Act (NHPA), Archaeological Resources Protection Act (ARPA), and Native American Graves Prolec Lion and Repa Lria Lion AcL (NAGPRA) • Perform National Register of Historic Places (NRHP) evaluations • Prepare Historic Property Management Plans Work with California State Historic Preservation Office (SHPO) to determine eligibility of historic buildings Additionally, Chambers Group paleontologists have extensive experience in providing services involving initial surveys, mitigation plans, surface collection, construction monitoring, fossil salvage, laboratory preparation, cataloguing and transferring, technical reports, and exhibits. )' ,It I "I A# ".,, '-rw The Chambers Group team has extensive experience in cultural resources management services including, archaeology (both historic and prehistoric), historic structures, and ethnography, and has extensive experience throughout Southern California. Chambers Group brings experience in coordinating with the SI IPO, Native American I leritage Commission (NAI IC), Native American groups, and other land Management agencies such as the Bureau of Indian Affairs (BIA), BLM, Caltrans, HUD, USACE, USFWS, and US Forest Service (USFS). Additionally, the team has an excellent working relationship with tribal representative throughout California. Chambers Group Learn is prepared to supper the City in all areas of cultural resources as required under CEQA, and/or Section 106 of the NHPA, as amended. Shnuld a project involve HUD, cultural and paleontological assessments will include a discussion of the Project's compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6. fr�fnr-Oh'pnudI:eCornof or n(.,unr,y I o satisfy State requirements, Chambers Group archaeologists will conduct Archaeological Reconnaissance Surveys (if necessary) of project areas. Our archaeologists are equipped with sub -meter accurate GPS units that can have proposed project boundaries delineated ahead of time to document areas assessed, areas with limited access/visibility, and to develop a sensitivity map based on the literature review and survey. Survey notes include descriptions of the survey area(s), site conditions, and other relevant observations. City Council Est 7979 7 15-91 VVWW ( Il I I I i , I(( ). ) II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency A r h� 1,rok , r r,Nl 11 Ie , fn rn=I Ise i'm1 , After completing Archaeological Literature Reviews and Archaeological Reconnaissance Surveys, Chambers Group will prepare project -specific CEQA Archaeological Technical Reports which summarize literature reviews, survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources on the site, (f) recommendations, and (g) references cited. The reports will include current photographs and maps docurenting, tiite rnnditinns tiummary of any arrharological re5nurre findings observed. / ,� bl1 Llt (AP_ `ie I , n elra(is,n Chambers Group will perform AB S2 Tribal Consultatlon Support on behalf of the City. As the Lead Agency, the City is required to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated Native American tribes within the geographic area(s). Our team will prepare notification letters that include a brief project description and a map of the proposed project. I hen, we will rnnsult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts I ribal Cultural Resources (TCR). r rr t rf x)d f � mr, e 5 rrree.1 em i f IM nr rerr room, As needed, Chambers Group will conduct historical resources surveys to photo document and assess current condition of histnrical resources. The historical resources will be. recorded an appropriate DPR 52.1 Series forms. In preparing the. ❑PR 523 forms, the existing condition of the resources will be photographed and described in detail. We will prepare technical reports in compliance with CEQA standards. The reports will include historic contexts, a summary of field methods and results, significance evaluations of historic period resources under appropriate criteria. Chambe.rS Group will conduct shade and Shadow analysis. Shading refers to the effect of slladows cast upon adjacent areas by proposed structures. Shadow impacts are dependent upon several factors, including sensitivity of adjacent land uses, duration, time of day, season, extent of building shadowed, preexisting conditions and type of shadow. Shade and shadow impacts could be considered substantial if a development creates a significant increase of shade or shadow on sensitive outdoor uses, defined as schools, hospitals, senior housing, or other residential amenity spaces. Shade and shadow impacts during the hours of 9:DD AM, 12!0D PM and 3-00 PM Pacific Standard Time at the winter solstice will be measured. Shade and shadow impacts during the hours of 9:00 AM, 12:00 PM, 3:00 PM and 5:00 PM Pacific Daylight Time at the summer solstice will also be measured. Our analysis will illustrate shadow impacts for buildings. AA o r )if Vista Environmental will provide the following tasks for conducting an air quality analysis, GHG analysis, and noise analysis for a project. The results of these studies would then be incorporated into the appropriate CEQA document, or in a standalone report. These tasks may vary depending on the project to be analyzed. Vista Environmental is also qualified to provide Energy and Health Risk Assessments (HRA)s if required for a project. A detailed scope will be provided on a project basis. l rr t,rr oliiii'In f e d I, la,,dy' r Vista Environmental will provide the following tasks: • Identify the existing air quality setting in the area, including the local meteorological conditions. • Identify GHGs and their associated impacts to global climate change. • Identify applicable NEPA de minimis, state, and South Coast Air Quality Management District (SCAQMD) rules and regulations, attainment plans and thresholds of significance for criteria pollutants and GHGs. • Obtain existing air quality data from air quality monitoring stations within the study area utilizing California Air Resources Board (CARE) data sources. Evaluate and quantify regional criteria pollutant and GHG emissions associated with construction and operational activities for the proposed project utilizing the CaIEEMod Model. tl)�r.�oi City Council Est 7979 15-92 VVWW ( Il I I I i , I(( ). ) II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency • Evaluate and quantify local criteria pollutant emissions associated with construction and operational activities for the proposed project utilizing SCAQMD's Look -Up Tables. • Provide a quali La Live odor analysis from Lhe construction and on-guing operations of Lhe Proposed ProjecL. • Prepare an air quality and GHG emissions report that documents the results of the previous work tasks. Ph � rI,rq,,i r /r„rgc7 Vista Environmental will provide Lhe following tasks: • Identify transportation -related noise sources such as major roadways, railroads, and aircraft noise (if any), and stationary (non -transportation related) noise impacts from adjacent land uses to the project study area. • Identify Lhe applicable HUD noise regula Lions Lhal are detailed in 24 CFR Part S1 — EnvironrnenLal Criteria and Standards • Lvaluate the existing noise environment and obtain either lb -minute or 24-hour noise measurements in the vicinity of the Project. • Utilize the Federal Highway Administration's Roadway Construction Noise Model (RCNM) to analyze potential noise impacts associated with construction activities and identify measures to minimize the noise impacts to the nearby sensitive receptors. • Provide a description of the nearby roadways that details how all of the roadways within 1,000 feet of the project site are either local or collector roads and do not qualify as either a major highways or busy roads. Also, detail the nearest major roadway to the project site is Interstate 5 that is over 1,000 feet from the project site and therefore outside of the quantitative noise analysis range. • Compare the calculated noise levels (limited to rail noise) to the HUD exterior and interior noise standards. If an exceedance of either the exterior or interior noise standard is found at the project site, provide mitigation to reduce the noise impacts to within the HUD noise standards. • Analyze potential vibration impacts associated with construction and operational activities through application of the methodology used in the Transportation- and Construction -Induced Vibration Guidance Manual (Vibration Guidance Manual), prepared for Caltrans. • Prepare a noise impact report that documents the results of the previous work tasks. deo, I , , ermh 1, • "' _ e rL (v, I.,PI Converse will generally follow the standard practices of the American Society for Testing Materials (ASTM) Phase I Environmental Site Assessment Process (Standard: E1527-13) and HUD Guidelines. The ASTM Standard E1527-13 is intended to satisfy one of the requirements to quality for the Landowner Liability Protections (LLP) within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), that is, the practices that constltute all appropriate Inquiry (AAI, 40 CFR Part 312) Into the prevlous ownership and uses of the property consistent with good commercial or customary practice. The following Scope of Services is proposed: 1. Review of regulatory agency records, aerial photographs, fire insurance maps, city directories, building permits, USGS topographical maps and other non-standard historical sources. 2. visual survey of property and adjacent sites for indications of potential for contamination or contamination generators. 3. A reasonable attempt will be made to interview the owner(s), site manager(s), and major ocarpant(s), and to contact State or local government officials. 4. Prepare report signed by an Environmental Professional for electronic submittal. "dv,.• :�,.o "�,,rl ,,, ..)n^i� ).ir1.n a^.uo^,.i�� r3 The objectives of a Phase II investigation are to: evaluate the likelihood that potentially hazardous materials are present at the site, assess the nature and concentrations of the chemical compounds; assess the vertical and horizontal extent of impacted soil through testing, as well as the impact to groundwater; determine if the subject property will require some form of remediation and evaluate the most feasible remedial alternative to remediate the site. The scope of services for a Phase II investigation is typically based on the results of a Phase I ESA and/or other Phase II investigations. City Council Est 7979 9 15-93 VVWW ( Il I I I i , I(( ). ) I.;.(;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santo Ana Community Development Agency Phase II investigations may include the following: a Geophysical Survey, collection and testing of soil, soil vapor, indoor air, and/or groundwater samples, field screening of samples, and/or laboratory analysis of samples. Converse will generally follow the standard practices of the ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process (ASTM E1903-19). If a Soil Gas Survey is to be completed, it will be in general accordance with the Advisory -Active Soil Gas Investigations by the California Department of Toxic Substances Control and California RWQCB, dated July 2015. r a.i ,.:nr v n ''1 ! o r;. ^ �1 0,l7 1, l-,. , .m 1, y f r .r, > rr je)' The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized. 1. Visual survey of the structure on -site for suspect asbestos -containing materials and homogeneous areas (areas that have uniform color, texture, and appearance). If construction plans and/or specifications are available, Converse can review these items to help in the identification of potential asbestos containing materials (ACM s). Suspect materials will be divided into friable and non -friable materials. The homogenous materials will be placed in one of the following Environmental Protection Agency (EPA) categories! • Surfacing Materials (sprayed or troweled -on materials) • Thermal Systems Insula Lions (materials generally applied Lo various mechanical systems) • Miscellaneous Materials (any materials which do not fit in the above categories) Accessible interior and exterior areas will be sampled for the presence of asbestos. Destructive sampling will not be performed. Samples of general building components (i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout the building. Converse will not make a second effort to survey building, or portions of building, not accessible during the field reconnaissance. No dpstructivp sampling mpthndc will hp pmpinypd during this survpy. Thprpforp, void sparps hptwppn walls, flnors, ceiling or below soil level will noL be observed or sampled. 2. Collect samples of suspect ACMs in representative homogenous areas determined by visual examination and review of plans. Up to 80 bulk samples will be collected following accepted EPA procedures and will he analyzed for asbestos content. The strategy for the collection of asbestos samples will be in accordance with EPA guidance document "Asbestos in Buildings Simplified Sampling Scheme for Friable Surfacing Materials," EPA S60/5 SS 030a, October 1985, 40 CFR 763 (AHERA), and appropriate air pollution control district regulations. According to OSHA Regulation 29 CFR 1926.1101, a minimum of three samples must be collected of each suspect ACM. 3. During the rollecLion of bulk samples, damage to the materials sampled is often necessary Lo obtain representative samples. Converse will attempt to collect the bulk samples in inconspicuous locations (behind doors, in closets, in corners); however, twill not always be possible, and sample locations will be visible to the owner/occupant/tenant. Converse will patch interior plaster/drywall sample locations and exterior stucco walls with patching materials. However, Converse will not be held responsible for the quality or usefulness of the patching repairs. Samples of vinyl flooring materials will not be patched but will be encapsulated with spray adhesive. In addition to the bulk samples collected from the interiors of the building, samples will be collected from the roofs and exteriors of the building. However, Converse does require written authorization for roof sampling. Please note that puncturing a roof membrane will typically invalidate any warranty for the roof. In addition, Converse does not guarantee the quality or usefulness of roof patching material. 4. Samples collected will be processed for shipment to an accredited laboratory following EPA protocol and chain -of - custody procedures. Samples at the laboratory will be analyzed, on a normal turnaround basis (5 business days), for asbestos content using polarized light microscopy (PLM). The results of the survey will be evaluated to determine if asbestos -containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list City Council 10 15 — 94 7/6/2021 Es _ W' 7979 vvwwL RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency of materials surveyed found to contain asbestos, and a field generated sample location map. An electronic file (PDF format) of the final document will be provided to the Client. I t I,I h,J,, r If, fr (I t,f ) ,fItV(" The LBP Survey will be limited to the predominant style of accessible components that are present in the building. The survey will be performed using a direct reading x-ray fluorescent (XRF) device. Based on Converse's understanding, of the property, and the client's needs, budget and schedule as presented, the following Scope of Services is proposed: 1. Visual survey of the areas for representative painted surfaces. Accessible area~ will be. Surveyed. Samples of general building components (i.e., visually identical surface paints) will be assumed to be representative of materials used throughout the building. 2. The limited survey is intended to identify representative painted surfaces. The survey is not intended to identify all painted surfaces or comply with HUD Guidelines, unless stated elsewhere in final project scope of work. The results of the survey will be evaluated to determine if lead is present in the surveyed paints. The XRF logs will be provided in the final report. The logs will contain the following information: paint color of component tested, type of substrate, lead concentration, and condition of paint. The results of the LBP Survey will be incorporated into the Asbestos Survey Report. Ir ,i1,f,1 (it Vey Converse will follow HUD Guidance Document Chapter S for Risk Assessment and Reevaluation. Scope will include 1. Determine scope. 2. Interview residents and/or owners. 3. Survey building condition. 4. Determine whether units will be sampled and, if so, select units. S. Conduct visual assessment. 6. Conduct dust sampling. 7. Conduct soil sampling. R. Conduct paint testing as needed. 9. Sample tap water (optional). 10. Interpret the laboratory results. 11. Analyze data and discuss with client. 12. Prepare report. i rn,rr i t, y, m rrmr, f I g h nyh .I �.� 7 rulr a :,urr;y The PCB Caulking Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized as the structure is occupied. 1. Visual survey of the structure on -site for locations and condition of the caulk. Areas to be assessed include: • Caulk used to seal doors, windows and expansion joints including any areas where caulk was removed and/or replaced during past renovations. • Caulk frond inside the huilding on the floor, windowsills, ledges, concrete joints, or other areas. • Interior halls and common use areas, particularly in areas where there is a potential for caulk to be touched or peeled away by a person. • Exterior areas, particularly in areas where there is a potential where the caulk may have impacted soil in a frequently used area such as a garden, play areas, bus stops and children pick up areas. 2. Bulk samples will be submitted to an accredited laboratory and analyzed by EPA Test Method 8082 on a standard turnaround time of five to seven business days. 3. The limited survey is intended to identify representative caulking materials. The survey is not intended to identify all materials. The results of the survey will be evaluated to determine if PCBs are present in the collected and analyzed samples. The dndlyLicdl LesL results will be presented Logel.her wiLh the sample Iota Lions, a list of rndLerials surveyed found Lo contain PCBs, and a field generated sample location map. tlp��,�oi City Council Est -ry^� 7979 II 15-95 VVWW ( Il 111i i I(( ). ) 11 L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency I n, r f ajr , / C,rl -r F L , lo rr M,-q, rud Converse will inventory the following within the building: • Fluorescent Light Fixtures • Thermostats • Drums and/or conLainers of HaLardOa] Materials The fluorescent light fixtures will not be disassembled to access and observe the ballasts. Converse will assume one ballast is located within each florescent light fixture. All homogenous light fixtures will be assumed to be the same through a porticrdar building. Thermostats will not be disassembled to observe if mercury is present or not. The thermostats will only be inventoried. Drums and/or containers of chemicals or hazardous materials will also be inventoried. Unlabeled drums or containers will not be opened by Converse. The inventnry will he provided in a section of the Ashrstns and I RP.Srirvvy Report. ,I Cron Converse understands that it may be required to assist the City in working with various outside governmental agencies, including but not limited to, the applicable planning commissions and departments; the Department of Toxic Substances Control (DISC); RWQCB; SCAQMD; California Department of Education (CDE): Division of the State Architect (DSA); and the Office of Public -School Construction (OPSC). Their many years of experience in this field has yielded the necessary knowledge to nurture such relationships. Their experience with some of these agencies is presented below and on the following page: 1 , (, r,rn, rd ,j f f,,:f ,rl"t,rnc, . ( a, 'l )I I V-/ Converse has completed various assessments and documents that were reviewed and approved by DTSC. Their work for the various school districts has included: • Phase I ESAs and CUE Checklists • PEA Workplans, Human HRAs, and Sniping Documents • Removal Action Workplans and Remedial Action Plans • Public Notices and Health and Safety Plans • Quality Assurance Project Plans • Supplemental Site Investigations, Removal Action Workplans & Removal Action Cornpletion Reports The DTSC has a cost recovery program and those completing assessment activities and cleanups under their oversight execute an agreement for cost reimbursement. A phased approach is implemented with components including: • Preliminary Assessment • Soil and Water Investigations • Interim Remedial Measures • Risk Assessments • Establishing Cleanup Goals and Plans • Implementation and Monitoring 'J)1 fwr ("%crnlr y r', r,rrol I u+l rlt.v`✓r,r it;' Like the DTSC, the RWQCB has a cost recovery program. Converse almost always completes the Phase I ESA before the RWQCB is approached. In some cases, it is the findings of the Phase I ESA that initiates the contact (Well Investigation Plan Listing or EPA Superfund Area listed Responsible Party). Converse has completed site investigations and cleanup under the oversight of the RWQCB. tl)�r.,oi City Council Csf 7979 12 15-96 VVWW( Il I ) I i i I(I ). ) II ('('III 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency "I II +`on r A f iunl l" rVlh rr,(,i , i n of I I (r rr l ( , , , , At ,h/I I ,, Converse has complied with permitting requirements for various projects and has prepared permit applications and workplans for compliance with landfill clean closure requirements. They have also generated and submitted asbestos cleanup workplans prior to commencing abatement activities. t,Nh-rA,,'rl,_ z HUD provides applicable regulation and guidance documents for assessments, surveys, and risk assessments. Guidelines for Lhe Evaluation and Control of Lead -fused Paint Hazards in HoUsing (2012) will be rollowed. Phase I and II ESAs will be completed in accordance with HUD guidance documents and ASTM Standards E1527 and E1903. V I, le /' 1rlr I ruv" I (VM f-i Ar, ih r> LLG will coordinate with City staff to determine if the proposed Project satisfies any of the VMT screening options per the City's guidelines. If screening options are satisfied, LLG will prepare a brief memorandum indicating how the proposed Project satisfies the City VMT screening. If a full VMT analysis is required, LLG will coordinate with City staff to define the study area as the size and shape of the study area can affect the analysis. They will determine the analysis scenarios and confirm the approach for the VMT analysis. Assuming the use of the Orange CuuntyTransportation Analysis Model 5.0 (OCTAM 5.0), LLG will conduct with and without project VMT model runs. The without project scenario will assume existing or community plan/general plan land uses. Compare the project VMT for the project against the City VMT. They will determine the project impact based on the City CEQA Assessment—VMT Analysis Guidelines. If necessary, LLG will recommend appropriate mitigation measures to reduce the impact. They will provide the project team a toolbox of potential mitigation or project alternatives for consideration in the analysis. Utilize the California Air Pollution Control Officers Association (CAPCOA) standards or the local guidelines and determine if the selected mitigation measures reduce the project's VMT impacts to less than significant. LLG will prepare a draft memorandum, which details all the above -mentioned items, their findings, and conclusions. The draft memorandum will be submitted for the City's review and review by appropriate members of the project team. If necessary, they will update the draft memorandum based on Project team comments and submit a final VMT analysis memorandum to the City. iff In,j"I f r A f f,)1(r r'I IA) LLG will confirm the development description of the proposed Project with the project team and work schedule. They will coordinate with City staff to confirm the scope of work for the TIA (i.e., number of study intersections). LLG will visit the project study area and inventory existing roadway conditions. They will research existing historical traffic count data at the key study intersections located within the vicinity of the proposed project site. LLG will conduct AM peak period and PM peak period manual turning movement counts at the key study intersections identified to be evaluated by City staff. They will coordinate with City staff to obtain cumulative project information. They will prepare trip generation forecasts for the proposed Project for a typical weekday over a 24 hour period, as well as for the commuter AM and PM peak hours. The trip generation forecasts will either be estimated based on the application of trip rates included in Trip Generation, 10th Edition, published by ITE (2017) or based on the operations of the facility. LLG will develop AM peak hour and PM peak hour "existing plus project", "near -term cumulative plus project" and "long-term plus project" traffic volume projections for the key study intersections. They will prepare AM peak hour and PM peak hour "existing plus project", "near -term cumulative plus project" and "long-term plus project" Level of Service (LDS) calculations at the key study intersections. Where necessary, the traffic study will identify the appropriate intersection improvements to offset the proposed Project's traffic impacts. LLG will then prepare a draft report that details all of the above -mentioned items, their analysis, findings, and conclusions. The draft report will be submitted for review and review by appropriate members of the project team. If necessary, the report will be updated based on project team comments, and a final report will be submitted to the City. City Council Csf 7979 13 15-97 VVWW ( Il I I I i , I(( ). ) II L. 1rYI 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Sample Implementation Schedule Preparation of CEQA and NEPA Documents Including Categorical Exemptions/Exclusions; Initial Study/Environmental Assessments; Preliminary Environmental Assessments and Studies, Addendums, Revalidations, Environmental Impact Reports, Environmental Impact Statements, and combinations of above, standard schedules would be as follows. • Categorical Exemption • IS • ND/MND • Elk • CE • EA 2-4 weeks 4-6 weeks 3-g months 8-18 months 2-4 weeks 3 months per Secrel.ariol Order 3355 • EIS 12 months from NOI per Secretarial Order 3355 Chambers Group's experience and process in producing environmental documents and technical studies is detailed below in the following paragraphs. Tr-orni desttpauw5 aare locamrt d i n the l4gai: a nda da. Our Project Managers are supported by a staff of regulatory specialists, environmental planners, biologists, botanists, cultural resource specialis Ls, and restoration specialis Ls, which allows us Lo mobilize in multiple locations simultaneously, ensuring projects always have the right mix of knowledgeable, responsive staff to enable the City to successfully accomplish its mission. As leaders in the environmental industry, our team will apply comprehensive understanding of the latest regulatory guidance to all issue areas to ensure the most advanced technical approach is applied to every aspect of any project. Summary of Team Qualifications Name Position/Role Education Licenses/Certifications Years of Exp. Kelene Strain Project Manager Graduate Studies in Environmental Policy and 17 Planning HA, Fnvironmental Sturlies, minor in Hiology, California Statc University, Dominguez Hills, CA Mike MCFotep Contract HA, Biology, Celitontla State University, USFWS Pprmll 1iTF099463 a hl+ Admm,i I,.loi Fullerton Cnnnrip I ytlP Director of RA Fnvlronnlental Studies, University of Prolecl Managemenl 10 Bonine, PMP Environmental California, Santa Barbara, with honors Professional ff2005796 Planning Meghan Gibson SPnror MPP, Environmental Policy, University of 12 Fnvironmental Southern c:afifomtla Planner BS Environmental Management, University of Redlands Victoria Boyd Environmental 65, Environmental Management and 8 Planner Protection, California Polytechnic State ',. University, San Luis Obispo Certificate of Enmpletinn (Esri), Going Plates with Spatial Analysis, Certificate or Cornpleliun (Fsn), Working with CAD Data in AfcGIS Desktop City Council Est 7979 14 15 — 98 VVWW ( Il I ) I 1 , ;u ), 7 II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santo Ana Community Development Agency Name Position/Role Education Licenses/Certifications Year of Exp. Eunice Bagwan Environmental MS Environmental Management and 5 '., Planner Planning, Johns Hopkins University, Baltimore, MD BS Environmental and Orcupational Health and Safety, CA State tinmer9ty, Northndgp Elizabeth Fortin Environmental BA, Environmental Biology, Columbia 5 Planner University, 2015 Sandra Pentney, Director of MA, Archaeology, University of Saskatchewan Registered Professional 20 RPA, ENV SP CUltural BA, Anthropology, Lakehead University Archeologist Resources Paul MurnySey Dupr for of MS Biology, California SWe IJruvervly, US Fnh & Wildhfe Sermre 16 RiulugiCel Dominguez Hills Permit, #TF182 -,0-1, CUFW Resource4 BS Biology, California State University SCienUhc Callpoor's PermlL 11SC-008151 ',.. Phillip Carlos GIS and BA, Geography, Sonoma State University, 4 '..,. '.,. Shade/Sharinw 7f117 Analy5i5, visual SimUlatiuns Greg Tonkovich, Air Quality, MS Electricals Engineering, University of American Institute of 15+ '.. AICP, INCE '.. GHGs, HRAs, Southern California '.. Certified Planners '.. Vida Enwrorunenlal Noise Impacts BS Planning and Developmenl, LlnivPr,Iy of ',. In,hi, le of Noi,e Conlrol }()(ltheln CaRforniA Fngm(,er$ Norman S. Eke, CAC Initial Site BA, Liberal Studies, Environmental Studies Cal/OSHA Asbestos 31 Converse Assessments, Emphasis, University of California, Santa Consultant No. 96 2093, Consultants ',. Phase l and Phase Barbara, 1988 NIOSH 582 Equivalent ''.. '.. II Fnvironmental Training, 4 I lour 5QAQMD ''.. Site Asse55rnent5, ',. Rule 1403 Asbestos, Rules '.. Asbestos/Lead- 401, 402, 403 Dust & hasp Paint Emissions, UCLA Extension Air Permitting, Regulatory '...,, ''..., ''..,.. framework of Ha7ardou5 ''..,. ''.., ''.., ''..... Maleridls, Hazardous ''..... '..,. ''.., '..,. Materials Management, '..,. Manufacturer's Certification in the use of Niton XRF device aura Tanaka, CAI., P)asa I and II 65, Biology, California State Polytechnic Cal/OSHA Asbestos q0 Lead Certified '.. EnvironrnenLal University, Pomona, 1987 Cnnsultant, No. 11-4708 ''.... Converse Sib, AnncnvncnL� '.., CDPH Lead '...... Consultants Preliminary Inspector/Assessor, Project '..,. ''.,. Endangerment '.,, Monitor, and I)psigripr, No Assessments ''.. 3086, Manufacturer's '.. AsbP5Lo5, Lead- Cei Lifica Lion in Lhe use of Lhe ',. hose painl, P. RMU, EDAX, antl Nimn XRF Mold Services dev,Ce3, 40- Hour USHA Safety Training, 8-Hour USHA '..,. Srlpurvisur Iriinlrle, '.,. City Council 15 15 — 99 7/6/2021 Est -ref"7979 vvww l 11 nl Lf ). I.; corn RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency Name Michael Van Fleet, GG, QSD Cnnverse Consultants Position/Role Senior Geologist Richard earretin, PE Traffic Engineer LLG Engineers Daniel Kloos, PE LLG Engineers Shade Gruen, PL LLG Engineers Traffic Engineer Civil Engineer Education Licenses/Certifications Year of Exp. BS, Ell Lh SLIOILCC, Unrvcr�dy of Santa Ci uc, California, Profo:3ional 19 Geologist No. 1869 ''..,. Washington, Professional ''..,. ''.., GcologisL No. 2900 ''..,. '., QLlalitiP.d Stormwater '.... Developer No. G07869 e5, Civil Engineering Professional Fngineer 30 University, of California, Irvine ',. CA Registration TR 2006 OS, Civil Engineering Professional Engineer P2 University of California, Irvine CA Registration I R 2200 ES, Civil Lnginccring Prnfev.innal Civil Fngineer IS, University of Calitornia, Irvine CA Registration CE78943 On -Call Approach — Clienc Sacisfaccion The majority of our work is from repeat clients who trust us to deliver scientific objectivity, environmental expertise, and defensible technical documentation to meet stringent agency compliance regulations. ffte f."haphlbers Gra:oup, tvalte deliveas sewdfs, not vurfarases- Because our business includes regularly renewed on-call/as- needed conLracLs, we have access to mull-i-disciplinary sLaff resources who manage sirnull-aneuus Lasks aL multiple sites. This expedites project schedules and provides consistent, high -quality delivery —from preparing permit packages and environmental documentation to mitigation monitoring. We understand that "On -Call' can apply to a variety of projects types within the City. Our team members have worked for several local agencies. I his experience has prepared us to reinforce your staff for whatever task order surfaces. We can mobilize the right specialists to be where you need us even on short-term notice, on multiple tasks, and in several locations. Strict and defined communication procedures are vital for contract success, and as such, Chambers Group will provide the City with a communication protocol, including the chain of communication during all project work with whom and when to contact. This plan is in place to minimize delays during unforeseen circumstances in that other team members can easily step in to perform the needed tasks. Chambers Group realizes that the complex processes necessary to produce legally defensible environmental documentation cannot be accomplished without a close relationship with Project applicants, property owners, developers, and City staff, and an in-depth understanding of the project details and characteristics of the local environment. Chambers Group will work seamlessly with the City staff to meet schedules, work within budget, and produce environmental documentation that is thorough and complete. 4 hloality Assrarancr•Id�l�oallu� CrxlLrcDl Qf AR/4; (_) Chambers Group has a well -established QA/QC program ensuring the quality of our work. We evaluate all deliverables based on the scope of work, contract, and client expectations. Quality assurance will document the quality control program, outlining any concerns, issues, and reporting on any corrective steps taken to guarantee a quality deliverable. All deliverables, including daily monitoring forms, will undergo QA/QC by key SLaff members. Chambers Group has a detailed QA/QC process that articulates goals for deliverables, clearly defines the roles, and develops concise on strategies to use to reach project goals. Our QA/QC process is consistent and effective in its procedures for document review. Pi oject. ,Sd Ledules and P?evievvs Chambers Group uses Microsoft Project to develop its work schedules. The exact schedule of any task will be based upon the individual project. Schedules include time for review and meetings for the City's documents. flph�oi City Council Est 7979 16 15-100 VVWW ( Il I )II I IL( h ) II L. 11YI 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency As the project progresses, the schedule would be updated and revised as needed, to respond to changing conditions, and only at the City's direction. In response to any conditional changes, Chambers Group will work with the City to determine the cause for any delay and take corrective actions to readjust the schedule. Schedule changes due to circumstances beyond participants' control will be Irnmedlately brought to the attentlon of the City and readjusted with the City's approval. Actions to ensure schedule adherence may include adding additional technical professionals to complete the task or reassess the direction of the task and utilize new personnel. Chambers Group does not anticipate schedule delays on projects; however, the firm is prepared to address them. Chambers Grnup is available to prnvide support during all stages of CLQA and NLPA document development and would look to further our approach that engaging early in the process will help shape the scope of the analysis provided and prevent timely and costly re -work during the later stages of project development. The most effective time to bring a third -party reviewer into the project is with the preparation of a thorough project description. In providing an intensive review of the project description before analysis is done reduces re -work later in the process. A third -party reviewer will identify deficiencies in a project description that would prevent effective and efficient analysis for any resource area. 91.:I. dr 91 X n4 0 ,rr 4^; Chambers Group is known for providing technically proficient experts who are responsive and communicative with our clients. Chambers Group has built this reputation on decades of experience preparing appropriate CLQA and NLPA documents for complex projects, preparing required resource agency permit applications, preparing mitigation plans; and monitoring construction activities for compliance. Conducting environmental analyses and documentation for development projects, including complex and sensitive projects, is Chambers Group's specialty. We are experienced in preparing appropriate CEQA documents and technical studies. Chambers Group's staff has ongoing relationships with many State and local agencies, and the firm maintains an understanding evolving environmental legislation and meeting the stringent requirements of federal, State, and local regulatory agencies. Our tearn of technical experts will provide scientific objectivity, environmental expertise, defensible environmental analysis, and technical documentation to support the City in meeting its augmentation of staff in the review and approval process of development project goals. Chambers Group's environmental planners in association with other members of our team have decades of experience providing CEQA compliance services on privately initiated development such as residential development, commercial development, mixed use development, energy and communications and also agency -sponsored projects such as transportation upgrades and improvements, parks, stormwater, and municipal planning projects. Our team combines Our experience with proven management techniques that focus on flexibility, responsiveness, and accountability. Many of our planners currently serve on their respective Chapter of the Association of Environmental Professionals (AEP) Board which allows our planning team to stay informed of the rapidly changing regulatory environment. Several staff members hold positions on the AEP Board of Directors. This gives our team immediate access to the AEP Legislative Committee which closely tracks and responds to pending legislation. We use this access and knowledge to help our clients stay ahead of upcoming changes and hot buttons as we navigate the CEQA process. Charbers Group realizes that the complex processes necessary to produce legally defensible environmental documentation cannot be accomplished without a close relationship with City staff, and an in-depth understanding of the project details and characteristics of the local environment. We work seamlessly with project Applicants and City staff to meet schedules, work within budget, and produce environmental documentation that is thorough and complete. Our team offers experience from being on both sides of the counter. City Council Est 7979 17 15-101 VVWW ( Il I I I i , I( ). ) I.;.(;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Compiled Listing of Relevant Chambers Group Project Experience in the last 5 years Project Location Client contact Phone Completion AT&T Highway 127 EA and Forkert Engineering & (714) 963 6793 Technical Studies Baker, CA I Surveying, Inc I Forkert, Mike x229 I Dg/1D/1G Temecula Library Expansion ID Temecula, CA David Evans & Associates Powell, Gavm (951) 294 9346 09/01/18 survey and report I. Peters Canyon Regional Park Orange, CA County of Orange Richardson, Tuan (949) 595-6451 07/13/70 CEQA IS/MND for GDP/RMP Beaumont Brookside RV- BeALIMMIr, CA I (:try of BeALIMOnt I Taylor, Christina (9511 ,72 4212 I 11/30/18 ENV2018 0005 _ Peters Canyon Firw Tustin, CA County of Orange Richardson, Tian (949) 585-6451 02/10/20 Archeologkal Surveys Irvine SchoolD¢tnct PA6N Irvine, CA Irvine Unified School District Hernandez, Ed (949) 2794656 08/01/19 MMRP AB S2 Consultation for various Beaumont, CA City of Beaumont Taylor, Christina (951) 572-3212 09/30/18 ''.. prUleCtS ' Storage IS/MND Beaumont CA Beaumont City of Beaumont Taylor, Christina (951) 572-3212 02/01/19 Poor Review. Poor Review. Historic Town Center Master San Juan I City of Sari Jumi Cophtr.,no I Klotz, Sergio (949) 443 6321 I Ongoing Plan Capistrano, CA... BCd Ln iont btll Struct Se cr Beaumont CA City of Beaumont Taylor. Christina (951) 572-3212 01/21/19 ',,... Poor Rev. IS/ND Keillar Leadership Academy San Dingo Unifind School Whole School Modification San Diego, CA Garcia. Paul (858) 637-6290 01/06/20 CEQA District Darnall Academy Charter San Diego Unified School Srhoul Whule School San Diego, C:A Garcia, Paol (8i8) 647 6290 U1/U6/20 Modification CFQA District Shenandoah Elementary Los Angeles, CA Los Angeles Unified School Paek, Edward (213) 241 3926 Lt8/U7/20 _School Modernization-CEQA Distict r Meade Valley Landfill Culvert Perris, CA County of Riverside Merlon, lose (9S1) 9S5 8174 03/02/20 _Replace 111 111 111 Lakewood High School Track & Long Beach, CA Long Beach Unified School NGO, Bernice (562) 997-7550 01/u8/20 field CECL4 DiSLriLL Twain ElementarySchool CEQA Lun Dcuth, CA g Lon Beach Unified School I Nishihiru, Truc I y (Su21997-7SS0 I 01/OB/20 Documentation District San Gorgonio Addendurn to Beaumont, CA City of Beaumont Taylor, Christina (951) 572-3212 01/21/19 IS/MIND Surnnmry San Diego Unified School San Diego Unified School g District HVAC 20 Campuses San Di •go, CA _ District Garcia, Paul I (858) 637-6290 04/30/19 Bancroft Middle Srhonl HVAC Long Bradt, CA Long Beach unified School NGO, Bernice (562) 997-75SO 09/Ol/19 CEQA D51r"I Avalon K-12 CEQA HVAC & Site Long Reach, CA I Long Beach Unified School I Soares, Elston (S62) 997-75SO I Ongoing Improv. District.... x1314 Reaomont I anding Gas Stat. Beaumont, CA City of Beaumont Taylor, Christina (951) 572 3212 05/31/19 PP2018-0119 Otay Lakes Campground EIR ChuCA San Diego -Imperial, Boy Shelton, Karl (619) 208-6121 Ongoing ScoursVista, Scours Washington Middle School Lon Beach, CA g Long Beach Unified School I Suares, Elston I (562) 997 7550 01 04 20 CEQA HVAC & Turf District x 1314 Trancas Canyon Debris Basin Malibu, CA County of Lus Angeles Moran, Nandini (626) 458 7810 01/15/21 ''.. Emergency Permits City Council la 15-102 7/6/2021 Est -rof"�7979 vvwwl11 ni iLf �. I i.;corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santo Ana Community Development Agency Project Location Client Contact Phone Completion Elm-oliveStorage yard IS/MND 8-0154) Beaumont, CA City of Beaumont Taylor, Christina (951) 572 3212 01/06/20 Oak Valley Express Poor Reaunlont, CA City of Reaumont Taylor, Christina (951) 572-3217 01 /14/?0 Review CECA Oak Valley -Beaumont Landing 2018-0110 Beaumont, CA CITY of Beaumont Taylor, Christina (951) 572-3212 07/06/20 Glendale Community College Glendale, CA Glendale Communny College Cinnamon, Gary (818) 240-1000 Ongoing District 201 S MP Update DisiriCT Invert Acccss Ramp I listoncol I os Angeles, CA County of os Angeles Moran, Ni ndinl (6)61 458 7R10 u8/U1/19 _Evaluation Liuroln/Fairhaven A(cess Trail Addendum Santa Ana, CA City of Santa Ana Castillo,Gilbert (714) 647 S64S 01/06/20 I Hickman Joint Uso Field 111 San Diego Unified School 111 IS/NOE San Diego, CA District Garcia, Paul (8S8) 63/-6290 01/06/20 Johnson Joint Use field IS/NOE San Diego, CA San Diego Unified School Garcia, Paul (ESE) G37-6290 O1/06/20 District LarayeLLL JUIrIL Use Field San Dlepo, CA Sin Diego Unified Schuvl Garcia, Paul (858) 637-6290 01/06/20 IS/NOt - District Perry Joint Usc Field IS/NOL Sin Dicgn, CA I San Diego Unified School I GirLia, Piul (858) 637 6290 I 01/06/20 District Ped/Bike Bridge and Parking Newport Beach, City of Newport Beach Tron, Andy (949) 644-322S Ongoing Lot CIOA CA Coichillin Anaerobic Digester Desert Hot I City of Desert Hot Springs I Hightower, Keith (760) 329 6411 I 10/26/20 Poor Review of CEC1A Springs, CA x245 Wegeforth Elementary School San Diego Unified School WSM NOF/15 San Diego, CA District Garcia, Paul (flS8) 637 6290 01/22/20 Sequoia Elementary School San Diego, CA San Diego Unified School Garcia, Paul (858) 637-6290 12/17/19 WSM IS/NOE District Whitman Elomennry School San Diego, g CA Sin Diego Unified School Garcia, Paul (ASS) 637 6290 09/11/20 _WSM IS/NOE I DistrictI _ _ Linda Vista Fler pri School San Diego, CA San Diego Unified School Garcia, Paul (858) 637-6290 12/12/19 WSM IS/NOF Distncl High Street Depot Peer Review Moorpark, CA I City of Moorpark I Vaughn, Karen (805) 517-6281 I 11/11/20 Beaumont Village IS/MND Poor ReaurnonL, CA City of RedurnonL Idylor, Christina (961) ,/2 3711 01/18/21 I Review Park MagprPlan CFQA review to Puente, CA � City of La Puente � DI Mario, )ohn (626) 85S I S17 � 01/13/20 i Hitch Ranch Feet Review Moorpark, CA City ty of Moorpark (SOS) 517 6251 Ongoing DCFA Biological, Archapo, Orange County Fire Douglas CEQA Sprvicps _ CA _ Authority Ong, Rothchild (949) 573-6365 Ongoing Fire Station 11 ICTCEC1A Orange, CA WL( Archlipos' un, Needham, Kelley (909) 987 0%1) 11/11/2o JOBH19137DO 111 111 111 Coaehillin Addendum W SPf101- Desert HuL (760) 329-6411 17 Springs, CA City of Desert I lot Springs I lightower, Keith x24� 0II/OS/20 Kavod CS CLOAAddendurn San Diego, CA San Diego Unified School Garcia, Paul (8b8) 63/-6290 09/11/20 _ District Mountain View Affordable Lake Forest, CA City of Lake Foicst Mansur Jennifer (949) 4G1 3472 09/14/20 Housin¢ Complex 111 111 111 Pennsylvania SL Commercial Beaumont, CA City of Beaumont Taylor, Christina (951) 572-3212 12/21/20 Peer 11L.iLw Long Beach Community Soria-Velarde, LBCCU Addendum Building G Lung dcuch, CA I College Dlstnct I Nicole (562) 938 5031 I 08/10/20 Desert Hot Springs 109 Desert Hot (76U) 329-6d11 Industrial Park CE(]A Sarin s CA City of Desert Hot Springs Hightower, Keithx245 Ongoing City Council 19 15 — 103 7/6/2021 Est -W7979 vvwwJ I1 nI (f L. I I.; coin RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency Project Location Client Contact Phone Completion Bryaul Elenlanla ry School Long Beach, CA Long Beach Unrhed School Smith, Beth (562) 997-7550 11/11/20 HVAC (+QA Services Dislricl Southwest Corner 8th and Beauront, CA City Of BeaUnlOnt Kendrick, Carole (9S1) 769-8518 12/21/20 Highland Mountain View Affordable Lake Forest, CA I County of Orange I Can2one, Jaclyn (714) 480-2918 I 02/03/21 Housinv CEOA Soma Angelina Senior Placentia, CA County of Orange Canzone, Jaclyn (714) 480-2918 02/03/21 Community Housing CEQA Cal Meadows Cannabis Peer Desert Hot I City of Dcsurt I lot Sprngs I I lightowcr, Keith (760) 329-6411 I Origuing Review CEQA Springs, CA x245 G Guild Cultivation Prolcct Dcsart Hot City of Desert Hot Springs Hightower, Keith (760) 329 6411 Ongoing Peer Review CEQA Springs, CA x245 Portuguese Bend Landslide Rancho Palos City of Rancho Palos Vordoh Rasrpoor, Nas•,rr (31U) 544 53U7 Ungaing Mitigation CEQA Verdes, CA VlllaS D Lmp. Pper Review Desert Hot City ty of Desert Hot Springs Hightower, Keith (760) ;29 6411 Ongoing CEQA Springs, CA Nathan Prenk Industrial ENV Desert I lot City of Desert Hot Springs Hightower, Keith (760) 329 6411 Ongoing 20 OS _ Springs, CA x245 Two Bunch Palms ENV 20 OS Desert Hot CITY of Desert Hot Springs Hightower, I<enh (760) 329-641 1 Ongoing Springs, CA x245. Wilson High School Aquatic Long Beach, CA Long Beach Unified School NGO, Bernice (562) 997-7550 Ongoing Cantor CEQA Drstrrrr 6000 Condor Drive Warehouse Mooi park, CA I GLy Of Moor park I Neurnann, Philip (805) 517 6230 I Ongoing Fverett Street Terraces Moorpark, CA I City of Moorpark I Vaughn, Karen (805) 517-6281 I Ongoing 38SSD 9th St. East Property Palmdale, CA I City Of Palmdale I Males, Sarah (661) 267 5368 I Ongoing NEPA Reyond Convenience Store Beaumont, CA City of Beaumont Taylol; Christina (951) 572 3212 Ongoing Peer Review Dos Caheza5 Cultivation facility Desert I lot City of Desert Hot Springs Hightower, Keith (760) 329-6411 Ongoing Springs, CA x245 WCH Expansion and Bridge Newport Beach, I CITY of Newport Beach I Tran, Andy (94% 644-322S I Ongoing ...project CA.. Orchard View (3a« ipns Senior Buena Park, CA County of Orange Can2one, Jaclyn (714) 480-2918 02/03/21 Cornmunily Energy Source Mineral Project EI Centro, CA I Imperial County I Black, David (760) 482 4236 I Ongoing Lcgacy I highlands PRD EIR Poor Beaunwn(, CA GLy of Reaunwm Taylor, Qms(ina (951) 572-3212 Ongoing Review North Ranch Residential Moorpark, CA City of Moorpark Vaughn, Karen (SOS) 517 62R1 Ongoing Development 12-Lot Residential Community Desert Hot City of Desert Hot Springs Villagontez, (760) 329-6411 Ongoing Springs, CA Pa Lrieia x243 High Sands Peer Review Raoumonl, CA Lily of Heau rtu nv I(endm k, ['arole 69 ; (951) 7R1R [ing<iing CUP2020-0049 Riverside Regional Park Kabian Park Restoration CEQA quail Valle CA y' Medina, Luis (951) 955-4726 Ongoing District General Plan Update EIR Desert Hot City of Desert Hot Springs Hightower, Keith (760) 329-6411 Ongning Addendum via a zoning change Springs, CA x245 �I(��•�o,� City Council Est 7979 20 15-104 VVWW ( Il I I I i i 1(j ). 1 I.J.(,O111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Details of Specific Chambers Group Projects Sanxa Angelina S Iwar (.1'CirurinL iu1yy L.A., I'l- cerma. CA , I IT _ T, IT" (..) w 1, 1, 1 1 1 ,.. 1 1 1 F I` � ,,,_I IT The project involves the development of two residential buildings accommodating 55 units (64 rental units) of affordable housing for senior households, including a community center and recreational amenities. Building 1 is proposed to include 41 one -bedroom units, and six two -bedroom units. Building 2 includes 18 one -bedroom units. The projeeL will provide a Lotal of S9 one -bedroom units that average /09 gross square feel in Size and Six two -bedroom units that average 871 gross square feet in size. The 3.9-acre project site is currently home to Blessed Sacrament Episcopal Church, a well -established anchor In the community. The purpose of the project is to provide low- and moderate -income housing to seniors ages 62 and up earning less than 60 percent of the AMI. Seniors have specialized housing needs and fixed incomes that are not able to meet the demand of market -rate housing. The project provides the opportunity for seniors to live in a safe, supportive, and affordable environment. Developing a housing community with rent -restricted units for senior residents would also enable the City to meet the unique housing need of senior residents and advance the City's effort to meet their RHNA of 231 units for low and very low-income households. Preparation of this document helped the Orange County Housing and Community Development Department secure grants Lo build Lhe proposed housing. P'®dl tgt/ �AUttVBb I.URdddbf'AdtRl'p R.e'nrbR:w OnlineSystern (6IF OS) Was dA0. ircd w4h Mi.$ gsd`sug'e�a: t. R l At., Ritberot 11.111<, CA IT, C "IT, , i, + !,If n . I ova f The Project involves the development of 65 affordable units for senior citizens and one exempt (i.e., market -rate) manager's unit. These units would assist senior citizens with low and moderate incomes, by providing affordable housing. I he project would also help the City meet their Regional Housing Needs Allocation (RHNA). I he Project involves the subdivision of the existing parcel into two new parcels. The southern parcel (Parcel 1) would maintain St. Joseph's Episcopal Church and surface parking on 1.44 acres. The newly created 1.76-acre parcel occupying the eastern and northern portion of the site (Parcel 2) would be developed with a primary residential apartment building with a 3,000-5quare-foot community center and nine single -story casitas that would be located within three single -story buildings, accommodating 66 residential units in total. Preparation of this document helped the Orange County Housing and Community Development Department secure grants to build the proposed housing. HFR I'.'5 wrrxM1: ue!i uRid with Ytvi projecL mmnia.irt view Arrnrd,11'rle 11cm,sing G.ornnuunuy Projecf, Cky of I aka For ,ii, Iakw_ Icarus[, (:A I , 1 if _,v, IIII i::) inti^1 :ci1 1 , 1 , a , a 1 1 ur I,, 1,h A v 11 o,i.. o a1 ,n '., , , TIT ( I d, 1 ,' ,t The Project involves the demolition of an existing office building located at 24551 Raymond Way and construct a 71- unit affordable housing apartment complex on the proposed 1.965-acre site. The development will provide several recreational amenities, including an approximately 2,OSO-square-foot community center, a small playground for young children, outdoor fireplace with seating areas, and large activity lawn. I he Project requires approval of a General Plan Amendment, Zone Change, Tentative Parcel Map, Site Development Permit, Affordable Housing Agreement, and Planned Sign Program. The Project proposes to provide affordable units to households earning less than 60% of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. lie #10S won;tatrea.*od .03SP.30 91 h Si . Lass, l'rcap ra.y NI-11A, P Irindale:, CA C I , , I .v ;+d+, . •, I,,,. Ia I, ,� o h .((afa 17, ' tiP tl The Project is to eliminate blight for the Project site, on a spot basis through property acquisition and clearance and demolition of the vacant, unsightly 1,71S square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Rlock Grant (CDBG) Program through HUD. Environmental review was conducted Lo comply with CECIA and NEPA and all HUD rules and regulations that govern the environmental review process, as described in 24 CFR Part 58. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects 24 CFR tlpya�oi City Council Est 7979 21 15-105 VVWW ( Il I I I 1 1 u L, 7 I LI1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Part S8 and associated technical studies to assist the City in completing the Environmental Assessment analyzing the potential effects on the human environment. Irvruiv u. whed Sclux)I VOisrrrt.r (IUS ), Irvine, ('.A 1r �1 I , i ._. ,. I , h ,_ � a +.>. I , I, ' {iL+a L) 4 (1, 3 Chambers Group provided IUSD with professional environmental services for CECIA compliance for modernization projects, new construction projects, and upgrade projects. One project in particular with a hazardous material component included: Planning Area 6 North Elementary School Environmental Services. Irvine Unified School District proposed to build a new elementary school, PAIS North Elementary School to address the increasing enrollment demands for the District within the Orange County. PA 6 North Elementary will accommodate a maximum of 1,000 students with 7S staff members and will provide K-6th grade educational services. The District contracted the pr@�.vRTrdtiofli of o prulif nneyry �fl➢RSAS➢'HR�6`BHbYrt'rba /k% %,,merit (PIA) Joy t1w preijor't that irchadd IQ nvrPr%iyht wall Me Department of"yl o kc SubitH: n es C orzeol to oversee iLs preparation in accordance with the California Education Code. Chambers Group prepared an IS/MND, including technical studies for air quality, noise, cultural resources, geological and other hazards evaluation, and additional discussions that complied with Title S, Section 14010 of the California Code of Regulations. The project was approved by the California Department of Education. Project Managers' Experience with Similar Projects The following projects represent Environmental Documentation services of Project Manager Kelene Strain. Services were performed prior to her joining Chambers Group. No referenced information is included for these projects. Wla:r Saler;rda Sup(Alr nrc:r'rtal Vr�(I?., Rive ide Comity, (:A The Vista Soleada Project is located on approximately 80 acres adjacent to the City of La Quinta, in Riverside County. The project originally involved the development of 230 residential units, however, after discovering tribal cultural resources on the project site, the Supplemental EIR looked at the impacts of removing 32 residential units from the plans, and construction of a Cultural Resources Preservation Lot. Implementation of the Project Characteristics that were developed in the agreement with the Torres Martinez Desert Cahuilla Indian (TMDCI) Tribe, impacts to archeological resources or TCRs would be less than significant. The project included a General Plan Amendment from Agricultural to Medium Density Residential and Commercial Retail uses, Specific Plan Approval, and Zone Change. I rhort:y I acre Apar-uncnt I5lWAD Ind J liviromytont,l Assc ,;rncut: KcAlkinds, (."A The Liberty Lane Apartment Project involves the development of an 80-unit apartment project intended to provide affordable housing for veterans, individuals with special needs, and low-income households. The 4.7 acre vacant and unimproved Project site is located on the southwest corner of West Lugonia Avenue and Texas Street in the City of Redlands. I he Project comprises six 2-story residential buildings, allowing for 60 one -bedroom units, 19 two -bedroom units, and 1 three -bedroom unit; and a 1-story community building. Major issues identified for this project included cultural resources, traffic, and noise. Environmental Assessment Determinations and Compliance Findings (in compliance with 24 CFR Part 58 for HUD -assisted projects) were also prepared for this project. E0wand r I lr,ighk. I tr ighbc:) hcvod and r_nnservadrm PInrr (El EhKI'} EIK, 1,1 rlydio .3an Rernardirm County, CA, The EHNCP Plan Area (Plan Area) is located along the northeastern edge of Rancho Cucamonga (City). The 4,393 acre Plan Area includes the 3,176 acre Upper Band and 1,217 acre Lower Band areas. Approximately 30S acres located in the western edge and southeast corner of the Plan Area are currently within the City, and the remaining 4,088 acres consists of unincorporated area in the County of San Bernardino within the City's Sphere of Influence. The EHNCP Project would include the annexation of the portions of the Plan Areas not currently within the City and the adoption of the EHNCP as a Specific Plan to create a framework to provide for the conservation of additional open space in the Rural Conservation Area (RCA) and development in the Neighborhood Area (NA). Roughly 3,565 acres of the Plan Area would provide for conservation within the RCA and the northern NA, and roughly 828 acres of the NA would allow for development as further detailed. The Plan would concentrate development in a pattern of compact, walkable new neighborhoods in the NA and implement the City's existing General Plan land use designations in the RCA. The Plan would permit the development of up to 2,900 residential units and 180,000 square feet of neighborhood shops and ,f restaurants in the NA. along with a npw 1(-2 school and other nuhlir farilitipc and Iinn T dpvpinnmpnt in the RCA to a 6Ih`rul„i City Council 22 15 — 106 7/6/2021 Est _ W' 7979 vvwwfl L, 1.; corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency maximum of 100 units on privately owned property in the RCA. The Plan also includes a includes a Conservation Strategy & I ransfer of Development Rights Program to encourage and facilitate the conservation of privately -owned land in the RCA by allowing the voluntary transfer of development rights from privately -owned property in the RCA to the NA. Through this program, the maximum 3,000 resldentlal units allowed by the Plan could be developed In the NA. Chambers Group will serve as the prime/lead consultant and will utilize the following subcontractor services for specific tasks as needed. Should any issues require subject matter expertise beyond what Chambers Group provides in-house, we have worked with the below trusted subconsultants on a variety of projects in the past. Individuals assigned from the firms are listed in the Personnel Matrix and their resumes arc located in Appendix A. Vista Environmental specialises in air quality, GHG emissions, HRAs and noise impact analyses for governmental agencies and the business community and has completed numerous complex air and noise studies that conform to both CEQA and NEPA requirements. In addition, Vista Environmental has experience with HUD 24 CFR Part 53 Compliance Guidebook requirements. Sample Vista Environmental Project Experience Includes: Mountain View Affordable Housing Community, Lake Forest, CA: Vista Environmental prepared air quality, GHG emissions, and noise initial study sections, provided assistance with the associated NEPA sections for HUD approval, and peer reviewed the air quality analysis, GHG emissions analysis, and noise analysis for the development of 71 apartment homes with a community center. Dudley Street Multi -Family Residential Project, Pomona, CA: Vista Environmental prepared an air quality, energy and GHG emissions impact analysis and a noise impact analysis for the development of 152 townhomes at 1440 Murchison Avenue. The air quality, energy and GHG report analyzed Lhe regional construction and operaliunal air erissions with the CalEEMod model and utilized the SCAQMD Look -Up Tables for the localized analysis. The analysis found that with adherence to State and SCAQMD regulations that air quality, energy and GHG impacts would be less than significant. The noise report analyzed construction noise levels with the FHWA RCNM, utilized the FHWA-RD-77-108 model to analyze the offsite roadway noise impacts from the project and utilized the Sound Plan model to analyze the Freeway noise impacts to the proposed townhomes. The analysis found through implementation of Project Design Features that included sound walls and upgraded windows and doors that noise and vibration impacts would be less than significant. Converse provides professional services in the fields of geotechnical engineering, engineering geology, groundwater sciences, environmental sciences, and soils and materials testing and inspection. Its mission and philosophy: to work together with rlie.nts to provide. them with responsive and quality services, resulting in the development of long-term relationships. Sample Converse Project Experience includes: Phase I and II Environmental Site Assessment, Los Angeles County Community Development Commission, CA: Converse Consultants has worked periodically with the Community Development Commission of the County of Los AngeIBS since 2000 with a Olrrent master service agreement in place since 2015. Converse's current contract is for completion of Phase I and II ESAs. Converse completed a combination of Phase I and II ESAs on six residential lots that were subsequently redeveloped by I labitat for I lumanity. Converse follows the standard practices of the ASTM Phase I Environmental Site Assessment Process (Standard: E1527-13). Phase I ESA has been primarily completed on sites to be divested or redeveloped. Converse also follows the standard practices of the ASTM Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process (ASTM F1901-11). Work has inrludpd snil vapor sampling for gas statinns and dry rlpanprs with rpgulatnry liaisnn with County of Los Angeles Fire Department, HdLardOus Materials UniL. City Council Est 7979 23 15-107 vvwwL h i n� ' ,,rf L, ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency ,,.1 '_ � k ,� ., f.,a Project Homekey Due Diligence Studies, Los Angeles County Department of Public Works, Various locations in Los Angeles County, CA: Project Hornekey is the State of California's response to protecting California's homeless, who are at high risk for serious illness and are impacted by the COVID-19 pandemic. Administered by the California Department of Housing and Community Development, $600 mllllon In grant funding was made avallable to local public entitles, including cities, counties, or other local public entities, to purchase and rehabilitate housing, including existing hotels, motels, vacant apartment buildings, and other buildings and convert them into interim or permanent, long-term housing. of the $600 million in Homekey grant funds, $SS0 million was derived from the state's direct allocation of the federal Coronavirus Aid Relief Funds, and $SD million was derived from the state's General Fund. Converse Consultants performed Preliminary Keviews, Phase I LbAs, Geologic Hazards Analysis, and Probable Maximum Loss Assessments (PMLAs) for various sites located in Los Angeles County- . r A i, I, J M r i d, i 1 1), 1, 1 I l,l if, ' I' 1 I. e p Y I I I' If, LLG would provide transportation planning and traffic engineering consultation services as needed for the City. LLG is a well -respected, medium sized firm, comprised of dedicated professionals who serve their clients on a wide variety of traffic and transportation issues. LLG Principals and Senior Staff are recognized experts in these practice areas and possess professional registrations in Traffic Engineering, Civil Engineering, or both. LLG's diverse experience and expertise enable them to provide services to both public agencies and the private sector. LLG's specialties include- Traffr Studies for Fnvimn. Dncuments Traffic Planning, Operations, & Simulation Studies Traffic Signal Warrant Studies I raffl.c Impact Studies Crculation tlements for General Plans & Specific Plans Construction tone I raffle Control Plans SR 743/VMT Analyses Preliminary/Conceptual Fi-ginppring Shared Parking Demand Forecasting SiLe ACteS3 and GrculaLion Irark Signal DeraiEn Parking Design and PlarinirtE Mul6modal Analysis Traffic Signing and Striping Dpsign Cnnri Streets Conadtmtinn Sample LLG Project Experience includes: 4th & Mortimer, Santa Ana, CA: LLG prepared a traffic impact analysis report for the 4th & Mortimer Project. The Project included the development of 169 apartment units and 11,361 SF of retail/commercial floor area. The traffic study evaluated the proposed Project's near -term and long-term traffic impacts at six key study intersections and also included analysis for site access. A VMT screening assessment was also competed to evaluate the Project based on SE743 requirements consistent with OPR and the City of Santa Ana CEQA VMT Analysis guidelines. First American Plaza 4th and Main Apartments, Santa Ana, CA: LLG prepared a traffic impact analysis report for the First American Plaza —4th + Main Project. The Project included the development of 220 DU apartment units and 12,350 SF of retail/commercial floor area. The traffic study evaluated the proposed Project's near -term and long-term traffic impacts at nine key study intersections and also included analysis for site access and internal circulation. First Street Family Apartments, Santa Ana, CA: LLG prepared a traffic impact analysis report for the First Street Family Apartments Project, which consists of a 69-unit apartment complex located at 1440 East First Street in the City of Santa Ana, California. The traffic study evaluated the proposed Project's near -term and long-term traffic impacts at four I<ey study intersections and also included analysis for site access and internal circulation, including a project gate stacking analysis. ra gotIq,,4. .I,'f Being as the RFP detailed the Reference Form is not counted as part of the maximum page count, this information is included in Appendix A. General fee schedules for environmental and planning services and technical studies follow in Appendix A. Being as the RFP detailed the fee schedule is not counted as part of the maximum page count, this information is included in Appendix A. tll�r.�oi City Council Est 7979 24 15-108 VVWW ( Il I )II i Iu h 1 II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .'', �� Housing Division City of Santa Ana Community Development Agency EXHIBIT C ADD[ IIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company Nautilus Insurance. This endorsement modifies such insurance as is afforded by the provisions of Pap, L f CP202630312 relating to the following' I _ The Cdy of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92101. its officers, employees, ageni8, voluwoers and reprererilalives are named as additional insureds ('additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on bohalf of the named insured. 2- With respect to claims arising out of the operations and uses performed by or on behalf of the narned Insured, such insurance as Is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insuretls. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability_ The inclusion of any person or organisation as an Insured snail nol affect any right which such purwn or organization would have as a claimant if not so included. 4- With respect to the additional Insureds. this Insurance shall not be cancalled, or materially reduced in coverage or limits exerrpt, after thirty (30) days written notice has- been given to the City of Santa Ana, 20 Civic Cenhar P13Za M-zG Santa Ana, California 927D1 (Completion of the following, including countersignature, is required to make this endorsement effective_) Effective 06/01/2020 Policy tt FC11202630312 Issued to Chambers Group, Inc this endorsement form as part of Name Insured Countersigned by. City of $rota Ana Community brvrdppim-nt /nnnnry Request for Proposals for 6wironmrntaI$"rvcrs-1110O ng 0m,"on Page 12 City Council Est -rotr,_ 7979 15— 109 A-4 vvwwf it I Ii i ,,l) t, I I.;.L III 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company American Fire & Casualty. Co. ........ This endorsement modifies such insurance as is afforded by the provisions of Policy ff ann h'I rr' as °"a relating to the following_ 1. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701, its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured_ 2. With respect to claims ansing out of the operations and uses performed by or on behalf of the named insured, such Insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds_ 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability_ Tho inclusion of any person or organization as an insured shall not affect any rlghd which such person or organization wuuld have as a Claimant if not no included. 4_ With respect to the additional insureds, this Insurance shall not be cance-iiled, or materially reduced in coverage or limits except alter thirty (30) days written notice has been given to the City of Santa Ana. 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this cndoisoment effective_) Effective 06/01/2.020 Policy# FAA(%1) 61450219 Issued to Chamb4rs Group, this endorsement form as part of Inc. Name Insured C.Ounler5ig ned by Aujj,orrlCd Refglre<•ntative -- City of Santa Ana Community W,01002M.nt AriCncy nequest for Propo5a15 for knvlronmgntal SOrvICCS - ffOU$In{f Division Page l.1 Est ofr,_ 7979 City Council r- p 15-110 A-5 vvww l h I nl , t) 1. I II LlIrn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency f I,Nn. 4;. I I, ty r'l T9 HE INCLUDED IN PR9P956_4. EXHIBIT D LA .''. �� CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION List and describe fully the contracts performed byyour firm which demonstrate your ability to provide the services included in The scope of services. Attach additional pages if required for additional references. The City reiaervos The cght to c9ntact each of trio roforenccg fisted for additional information regarding your firm's qualification;.. Reference No. 1 Customer Name: County of Orange Contract Individual: Crag Foe Address, 601 N. Rvss St_ 2nd Floor Phone Number (714) 480-2918 Santa Ana, CA 92701 Facsimile Number: (714) 9S5 063T) ContractAmount: 533,157.00 Year, 2020 Description of environmental services provided: Santa Angelina Senior Community EA, Placentia, CA EA for development of two residential buildings accommodatinq 65 units (64 rental units) of affordable housing for senior -�F,nlds, Incoming a communi, ren er an «rreaf�onal ameni{ies. Reference No. 2 Customer Name: County, of Orange Contract Individual, Craig Fee Address: 601 N. Ross St.. 2no Floor Phone Number: (714) 480-2918 Santa Ana, CA 92701 Facsimile Number (71,1) g55-0639 Contract Amount: $21 60200 Year: 2020-2021 Description of environmental services Mountain view Affordable Housing Cornniunity f-fiojeU aKe Forest CA provided: The Project involve the demolition of an existing office building located at 24551 Raymontl UVay and constrict a 71-unit ....dffordnhlc: ht�i,ang np�rtm7 tit rcimj�leK on $e pre"pused'l,?��5-arrc , (r................ .... .............. .................. ................. City of Santa Ana Community Development Agency Request for Propuals for Env ronmental Service - Housing Division Page 13 City Council Est -ro7r,_ 7979 15-111 A-6 vvwwt h I n�' ,,ff t, j I.;.f;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Reference No. 3 Customer Name: City of Palmdale Contract Individual: Sarah Mal es Address: 38300 Sierra Hlghw_ Palmdale, CA 93550 (661)267-5368 (661) 26T 5122 Contract Amount: $2,9, �.' l 0 Year 2020 2021 Description of environmental services provided: 38b80 9th St East Property NEPA, Palmdale, CA Conducted The Fnvimrimental Assessment Determmanons and Compliance Fincings„for HUn) assisted Projects 24 CFR Pan, 58 and aBsociated tochniCal studicS to assist the Ca y in Co mplCung the Environmental Assesment analyzing the potential effects on the human environment. Phone Number: Facsimile Number: City of Santa Ana Communiry Development Agency Request for Proposals Fnvironmental Service: Housing Division Page 14 City Council Est -ronr,_ 7979 15-112 A-7 vvwwt h I n�' ,,t) r, ) I.;.t;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .'', �� Housing Division City of Santa Ana Community Development Agency TO BE INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana (hereinafter 'the City") shall constitute the entire apieement between proposer and the City only after it has been accepted by the City, endorsed by the Clerk of the Council with hislher signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his/her approval of tho form of this document, and its execution, and when It or an exact copy of it has neon either delivered 10 propOSer Or deposited with the United States Postal Sorvice piopoily addrossod to the proposer with tho Correa postage affixed thereto.. Proposer further agrees that upon delivery (as defined above) of the accepted agieernent he/she will furnish the City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the City legal holidays), or the funds, check. draft, or proposers bond substituted in lieu thereof accompanying this proposal shall because the property of the City and shall be considered as payment of damages due to the delay and other Causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages acrtually suffered by the City is difficult to ascertain, otherwise said funds, check drafts. or propose; s bond substituted in lieu thereof shall be returned to the undersigned Proposer understands that a proposal Is required for the entire work, that the estimated quantities set iddh in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. President March 23, 2021 rITI..E City of Santa Ana Community Development Agency Requaii for Proposals Environmental Services —Housing Dlvlslon Page 15 DATE City Council Est -rotr,_ 7979 15-113 A-8 vvwwr h r nr r ,,r) /, r I L. Inn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR. PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROP( --)SAL AND CONT"RACI AGREEMENT" CIFIPTIFICATION OF NONDISCRI M[NATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows_ The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class_ The Contractor shall take at'firmative action to ensure that applicants are employed, and that empicryees are treated Our [IZg eriployment without, regard to their race color, religiori. sex, national origin or any Other protected class_ Such action shal Include, but not be limited to the followingemployment, 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 errrplOyrnent, notices to be provided settirxg forth the provisions of this nurxtiscrirrrination clause 2_ Tne 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 witnotd regard to race, color, religion, sex, natiorol origin or any Other protected class_ 3_ The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union Or workers' fepfC'SentativeS Of the COntfactOf'S commitments under tniS section. and shall post copies of the notice in conspicuous places available to employees and apphcarts for employrnerIt_ 4_ The Contractor shall comply with aI[ provisions of Executive Order 11246 of September2_4, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. d_ The Contractor shall furnish all rn orrnation and reports re p - g aired IN Executive Order 11246 of September 24, 1965 and by rules, regulations, aril orders of the Secretary of Labor, or pursuant thereto, antl 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 trllS Contract dr with any of the said rues, regu[aliOns. or orders, the contract may be canceled, terminated, or suspenueu in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction/services cortracts 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 Fxeartive Order 11246 of September 24. 1965, or oy rule, rogulatons, or, order of the Secretaryof tabor, or as otherwise provided by law_ City of Santa Ana Community Development Agency Request for Proposals Environmental Service,— Housine Division Page 16 City Council Est -rorr,_ 7979 15— 114 A-9 vvwwl 11 I n'' ,,,rf /, 1 II LlIrn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency 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 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amonded, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, sox of such persons, or any other protected class, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. SIGNED' AND PRINTED NAME 7/ City of Santa Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 17 Est -rote,_ 7979 City Council 15-115 A-10 vvwwr h I n�' ,,tf ), i I.;.t;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES HOUSING DIVISION PROPOSAL AND CONTRACT AGREEMENT NON-COIA.USION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER declares that the 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California,_ County of¢ -.---------_----.- Subscribed and sworn to (or affirmed) before me on this 1, day of i 10 It , 20 , � , by proved to me on the basis of satisfactory evidence to be the person,(s) who appeared before me. Q _ _.._ e� Fs� MM 11 C OMM r�222 3 .3aS ery - Fuel C' lon,9 O .1 .. .. ................ xprP lan 29 200'12 1 Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals Environmental Services —Housing Division Page 18 City Council Est -roar,_ 7979 15-116 A -II vvwwrf i. ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the LA .''. �� Housing Division City of Santa Ana Community Development Agency P a, 'F, Id mG W4. ,I.. I F ; ; " - � .' " 'I ff Est -roar,_ 7979 City Council p 15-117 A-12 vvww i I� , ,,u ), ) i.;.�;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Kelene Strain Project Manager Kcicnc Strain is a land use and environmental planner with 17 years of diverse n �r.miu[itrr +torus > rn experience in planning, environmental analysis, and mitigation and conservation nu rntnnrntn Ppiliry vnrrl banking. Throughout her career she has successfully managed and aided in the ;i,r,' preparation and coordination of environmental documentation in compliance with ,Jniv i,Jty, I r. of n, CA. CEQa, NEPA, and Tribal Environmental Policy Act. These environmental documents IiA, I_nvus,nins ntal' r,,olu•<:, include Program and Project EIRs, Supplemental EIRs, Focused EIRs, Addendumsto EIRs, i.rir;crr in r ,e•dr�,_;,�, t�.rli6rrrn.;r Environmental Assessments, Mitigation Monitoring Plans and Reports, ISs, and MNDs. Y;1l,., i,m va r,ihy, I?olr, rr nryZ I<elene's range of project experience includes large-scale general plans; redevelopment i. , 2 p, plans; specific plans; high -density and transit -oriented development; airports, schools, parks, and recreation facilities and trails; residential developments; hospital facilities, B ""` "' renewable energy projects, commercial and retail complexes, casinos, and coastal FlrJJV.rli-arr 1"V.uoruros' resort hotels. ( "" o, iBtirm Kclene also has experience in obtaining regulatory permit approvals from the US Army Fr ,(u�i3tiui ul Envh rc,n incnta Corps of Engineers (USACE), US Fish and Wildlife Service (USFWS), California `irrfs;•."..e,xr r Department of Fish and Wildlife (CDFW), US Forest Service (USFS), Regional Water Quality Control Board (RWQCB), and National Oceanic and Atmospheric Administration (NOAA) Fisheries. She possesses experience in biological surveying, and wetland delineation and restoration, and mitigation banking compliance efforts that deliver regulatory permits and approvals, including Prospectuses, Operation and Management Plans, and Bank Entitlement Instruments. Kclene has worked closely with CDFW, the California Department of Parks and Recreation, and Orange County Parks as a volunteer wetland scientist and naturalist at both Bolsa Chico State Beach and Upper Newport Bay (Back Bay). Her efforts have included wildlife surveys, habitat restoration, trail maintenance and restoration, water quality monitoring, and environmental education and public outreach. 'f n " , v , q.v,. `,'um:,a Angc-h to Senior C. ornrnunrry V fcru strip,, Hr cfl c(. HA, C'.c inty or (..)range, Pktca ntia, (:A Project Manager. The Project involves the development of two residential buildings accommodating 6S units (64 rental units) of affordable housing for senior households, including a community center and recreational amenities. Building, 1 is proposed to include 41 one -bedroom units, and six two -bedroom units. Building 2 includes 18 one - bedroom units. The Project will provide a total of 59 one -bedroom units that average 709 gross square feet in size and six two -bedroom units that average 871 gross square feet in size. The 3.9-acre Project site is currently home to Blessed Sacrament Episcopal Church, a well -established anchor in the community. The purpose of the project is to provide low- and moderate -income housing to seniors ages 62 and up earning less than 60 percent of the AMI. Seniors have specialized housing needs and fixed incomes that are not ahle to meet the demand of market -rate housing. The project provides the opportunity for seniors to live in a safe, supportive, and affordable environment. Developing a housing community with rent -restricted units for senior residents would also enable the City to meet the unique housing need of senior residents and advance the City's effort to rneet their Regional Housing Needs Allocation (RHNA) of 231 units for low and very low-income households. ylr�r.rorr""ram City Council 15— 118 7/6/2021 Est A-I3 -roto' 7979 r vvwwrj ,, r i.; corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Mr ruucalrl Auvv A ff,. ri NahVe I (r,racrng r .r rnrnunrry I'rJjPP r ( "icy A Lal<e Fctir , ,r, Lake I (...A, Project Manager. The Project involves the demolition of an existing office building located at 24SS1 Raymond Way and construct a 71-unit affordable housing apartment complex on the proposed 1.965-acre site. The development will provide several recreational amenities, including an approximately 2,OSO-square-foot community center, a small playground for young children, outdoor fireplace with seating areas, and large activity lawn. The Project requires approval of a General Plan Amendment, Zone Change, Tentative Parcel Map, Site Development Permit, Affordable Housing Agreement, and Planned Sign Program. The Project proposes to provide affordable units to households earning less than 60%of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. '4tj`_;80 9fh 5freez I isi PropLy (perxmliti,m Prnlr�rt, City of V";rknd;i1(�, CA Project Manager. The Project is to eliminate blight for the Project site, on a spat basis through property acquisition and clearance and demolition of the vacant, unsightly 1,715 square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Block Grant (CDBG) Program through HUD. Environmental review was conducted to comply with CEQA and NLPA and all HUD rules and regulations that govern the environmental review process, as described in 24 CfR Part S8. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for HUD- assis Led Projects 24 CFR Part SS and associated technical studies to assist the CiLy in curnple Ling Lhe Environmental Assessment analyzing the potential effects on the human environment. I iberty I'anr. Apartnu.nt F'rujQci IS/rIVAD and Vnvironrtu nfsal f4s r ,xrne.nr, lkedlands, CA Project Manager. The Liberty Lane Apartment Project involves the development of an 80-unit apartment project intended to provide affordable housing for veterans, individuals with special needs, and law -income households. The 4.7 acre vacant and unimproved Project site is located on the southwest corner of West Lugonia Avenue and Texas Street in the City of Redlands. The Project comprises six 2-story residential buildings, allowing for 60 one -bedroom units, 19 two -bedroom units, and 1 three -bedroom unit; and a 1-story community building. Major issues identified for this project included cultural resources, traffic, and noise. Environmental Assessment Determinations and Compliance Findings (in compliance with 24 CFR Part 58 for HUD -assisted projects) were also prepared for this project Lkivvarx:Ba I Intght, Netghlaorhriod and Plan (LI(',V-P) LIR., R.anhei C.'ur:wn<mg.:n, San kcrruwr inc, (_:aunty, (_.A The EHNCP Plan Area (Plan Area) is located along the northeastern edge of Rancho Cucamonga (City). The 4,393 acre Plan Area includes the 3,176 acre Upper Band and 1,217 acre Lower Band areas. Approximately 30S acres located in the western edge and southeast corner of the Plan Area are currently within the City, and the remaining 4,088 acres consists of unincorporated area in the County of San Bernardino within the City's Sphere of Influence. The EHNCP Project would include the annexation of the portions of the Plan Areas not currently within the City and the adoption of the EHNCP as a Specific Plan to create a framework to provide for the conservation of additional open space in the Rural Conservation Area (RCA) and development in the Neighborhood Area (NA). Roughly 3,SGS acres of the Plan Area would provide for conservation within the RCA and the northern NA, and roughly 828 acres of the NA would allow for development as further detailed. The Plan would concentrate development in a pattern of compact, walkable new neighborhoods in the NA and implement the City's existing General Plan land use designations in the RCA. The Plan would permit the development of up to 2,900 residential units and 180,000 square feet of neighborhood shops and restaurants in the NA, along with a new K-8 School and other public facilities and limit development in the RCA to a maximum of 100 units on privately owned property in the RCA. The Plan also includes a includes a Conservation Strategy & Transfer of Development Rights Program to encourage and facilitate the conservation of privately owned land in the RCA by allowing the voluntary transfer of development rights from privately -owned property in the RCA to the NA. Through this program, the maximum 3,000 residential units allowed by the Plan could be developed in the NA. City Council Est -rW' 7979 15-119 A-14 vvww L iL i I� , u L, ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Mike McEntee Contract Administrator .i _.tii,,.., ria rt ininpy , 11111,rr,ei,11rr, Mike McEntee is an environmental professional with over 20 years of consulting ii iv ry iry, 1 ,u< rron, 11J>J' experience. He has extensive experience working on a broad range of complex and highly controversial environmental issues with an emphasis in natural resources and ; regulatory compliance. He has managed multidisciplinary teams and prepared technical ,It,o,es1 mr Jr»,, r y ,Irt,Pr analyses in compliance with CEQA, NEPA, the federal and State Endangered species Act, 4N rk.hpp iit hrvn S�ema Safe Drinking water Act, and other State and federal regulations. nn ,one Cure a , , nr�d li ,np,c Mike has a proven background as a project principal providing environmental solutions ronlrrd Ian!/p"(1 for construction and engineering projects. He focuses on engaging team members to r> nn Flat-lad.vi t, xiwo i[arn communicate, solve problems, and deliver the highest quality solution. P 6 PTVorrh Llcrru ilLar'y chc,vl ISAI D [L)SU Irvine:, CA cellrur"., hnrlk.119 l r- Corporate Ovesight. Irvine Unified School District proposed to build a new elementary school, PA6 North Elementary School in order to accommodate the increasing , rs mrmfrmr i a rrnr>r) enrollment demands for the District within the Orange County. PA 6 North Elementary h rov)n t,a, i o 1 1n9J from t, u v need r vts; accommodates a maximum of 1,000 students with 75 staff members and will provide ,P,IW,[,,(miritirn')5a(,3o K-6th grade educational services. Chambers Group prepared an IS/MND, including I r , r eo11', )in ) )wI m , neon ro technical studies for air quality, noise, cultural resources, and hazardous materials. lo, m noel rr )nin)r nr r r rr ovc ... Orr'al[ Lnvrr+anrne ircal Set wtcr..,. Li)-. L%.ugdes c..,ola rrty V'orhlrr t/vorlcs drr,rvn e"'vbiri .i,y ,I-d- nie b . iror F„r) nrei9 a �[+; (LAf:.F'W),. Lens. Angeles G..ounry, C'A. �u „rem o it 1 rUYlnC 1 o Program Manager. Mike was responsible for coordination with LACPW and oversight ...... , -: n,duy, u� t,P._ for CEQA compliance, biological surveys, and wetlands delineation;, involving numerous sites located in Los Angeles County and the Angeles National Forest. Over m+E ivumil n m „ rein n)ri 1S0 task orders have been completed on the on -call contract over the past decade. The „„"-t"' i ,i ° ""'r," i .... ar,d surveys and reports were required by the U.S. Forest Service (USFS), USACE, CDFW, and tr n 4 . . RWOCB to allow Los Angeles County to conduct maintenance and improvement ,r,r va; �r rn,lrnn n�vwe, ,.n activities. Individual projects have included: Angeles Forest I Iighway Over Mill Creek, r, ( o Natural Environment Study (NES) and Biological Assessment; Big Tujunga Wash Master I,e.rort if., Mitigation Bank Plan, Biological Services; Sierra Highway Widening and Realignment, r,fdl ) , Jurisdictional and Wetland Delineations, and Regulatory Permitting; Cooks Canyon Crib mr.11ovr fly �I r,lu •i, andy,Ilr)w- Dam M1-A Debris Basin Dewatering System, Vegetation Surveys; Live Oak Reservoir lmkhd w[ ,ro. ,veryv.r nLinE. Cleanou L, CEQA/NEPA Services; Spunky Canyon Road Sediment Removal, Biological via t Services; Avalon Bridge Over Dominguez Channel, Biological Resource Survey and Jurisdictional and Wetland Delineation; Fitch Avenue Bridge Replacement, Biological and Cultural Services; and Sierra Highway Over Mint Canyon Wash, Biological Survey. Or alll Enytionme ncal Seryi+e (=)r ntt,re_ G"srutty Rthhr: �✓✓c�rl� tt:)t [nay). C,o,lrlt.y, CA Program Manager. Mike provides oversight in Chambers Group coordination with OCPW regarding regulatory permits, including coastal permits, biological resource surveys for sensitive species/habitat, protocol -level surveys, environmental dorumentation, jurisdictional delineations of waters and wetlands, and rnnstrurtinn monitoring in support of regulatory permits in Orange County. City Council Est -roar,_ 7979 15— 120 A -IS vvwwt h I n�' ,,u ), ) I.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency �[anlfi':ALE ryn LYiscrif„r or LrZR AnVP u:> t,,,«Ll01ty (.)ll •r_rl II. Lti5 CCx4anty,CA Program Manager. Mike was responsible for coordination with Los Angeles County Sanitation District project managers, contractors, regulatory agencies, and oversight for CEClA compliance, biological surveys, and mitigation monitoring. The project involved numerous sites located within the District's 800-square mile service area. The District required biological/environmental support to construct, operate and maintain facilities to convey, treat, recycle, and dispose of sewage and industrial wastes and generate recycled water, electrical power, and biosolids as part of the treatment process. )pci;it..icons 8, Nlaiutcnaru_c,°Yj[lLaIa__f i:, Ef✓llitU•SciVL✓= ?r'`;L�ft.(MSA), SAfl Dicko (= t Dk po t:::ounry, CA Contract Administrator. Chambers Group manages several MSAs with SDG&E (one of S prime MSA holders), including an Environmental Project Management MSA, Environmental Compliance MSA, and Post Construction Compliance MSA. MSA Projects include Substation Construction, Substation Expansion, Transmission and Distribution Line Construction and Replacement, Underground Transmission Construction, Pole Replacements, Reconductor Projects, Transmission Reclamation, Habitat Restoration, Telecommunication Construction, Gas Pipeline, and Zinc Ribbon Installation. As part of these contracts we have placed in house team members to act as an extension of staff for cultural resources, CEQA compliance, and GIS services. For a decade, Chambers Group has provided SDG&E with our team of professionals in Biological Resources, Aquatic Resources, Land Planning, Cultural Resources, Paleontological Resources, and Native American Services. Chambers Group provides environmental services at all stages of projects, from (A) Prior to Construction: initial site assessments and evaluations, site walks with the engineering team to identify constraints for avoidance, modify work areas to avoid sensitive biological, aquatic, riparian, wetland, and cultural resources (in an effort to minimize costly back -end mitigation), provide risk assessment and evaluations, provide CEQA/NEPA documents, develop permitting strategies, identify mitigation opportunities, and provide agency consultation/coordination; (B) During Construction mitigation measure implementation, permit measure and compliance tracking/documentation, environmental trainings, tailboard meetings, compliance monitoring and reporting; and (C) Post Construction: post construction impact assessments, habitat restoration/enhancement implementation and monitoring, and close out documentation. Chambers Group also provides GIS services in support of tower sighting, access road locations, project reroutes, right of way (ROW) support, parcel maps, map books, shape files, and data dictionaries. The Chambers Group team provides constraints analysis for all project component features in an effort to design projects in a way to avoid sensitive resources that may require permits (Incidental Take Permits, United States Fish and Wildlife Service (USFWS) Section 7/10, United States Army Corps of Engineers/Regional Water Quality Control Board/ California Department of Fish and Wildlife (USACE/RWQCB/CDFW) and costly mitigation. We have implemented unique resolutions including the use of drones (in-house FAA pilot license) to assess hydrological connectivity, habitat quality, vegetation assessments, and nesting bird status. We have provided wetland and water delineations for over 20+ transmission and distribution lines, and have prepared permit applications (USACE, RWQCB, CDFW) for 12 major transmission and distrihution lines. We completed year 1 restoration activities (Tamarisk and other non-native species removal) in 2 creeks (Meyers and Devils) for the Sunrise Powerlink Peninsular Bighorn Sheep Miligalion Project in October 2020. City Council Est -roar,_ 7979 15— 121 A-16 vvww l h i I� , ,,u ), ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Corinne Lytle Bonine, PMP Director of Environmental Planning D„ .4V Pn I r,,l n.,,,,'r, 1, 1 ( I4, , r,...p r hA �r rn u�I,, I'dI, ,I ^z. Unrvu situ �I o_aldu lo, .,nnta Corinne Lytle Bonine is the Director of Environmental Planning at Chambers Group, as vl 0r ,,,,,,,; well as a Senior Project Manager with over 15 years of experience. She has managed an array of NEPA and CEQA docurnents (including CEQA-equivalency and adjudicated CEQA processes): Environmental Impact Statcrients, Environmental Impact Reports, Ir >I,•a nn rn q i nn,"t Applications for Certification to the California Energy Commission, Environmental I'r >Iv r,icnd it �rNp>756 A-sesslrients, and IS/IVIIVDs, exemptions/exclusions. r .. D.;.;.. L'' Both an accorrlpllshed Learn leader and field agent, Corinne has served as the visual resources and land use Specialist on more than 75 projects. Her perrnitting projects .��� rn„gc ,un1y r omprho nsi„s include Endangered Species Act Sections 7 arid 10 consultations, USACE Individual pr-sent Peri'mrs, and Section 106 consultations. She has rrlanaged environmental constraints analyses, fatal flaw analyses and technical report,. Her experience Includes supervisory I'r>Iv nrn, l A &i]liar �i f rnnr,�npn� r.il l'I,I sirruals IOCS in geflCl al environmental projects, large-scale crivironmental QrrripldnCC'plojCCtS, ,I,ur „�ncie n+„ u�g rn r;tr r,IrR ;an as well as in visual resources and land use impact analysis_ fNa lrt>�hdr larfhrt rrpr ,q ,f ,'. r-sir, lA li yrpr tt ef01 r pJrrlp or ,, rtrr 'a 22_1_Init r;lndorninuirn Pr.ojrr,r, Lnvir,(;nr rr)rnl IrTYpw—r VlCprwt, 13 I1L1en{o, r o,rr pr aht n,ivr Q4,•tiPur dil@ CA Lne+rrw N Project Manager. Managed preparation of CEQA documentation for the 22-unit c1 Iig condominium project that would include the demolition of a historic theater. The raI„ d,k. r [IC rbv Project included technical analysis for air quality, GHG emissions, and a historical assessment. FIA6 North I la. rm.,rcaty ii+hoal ISP IN11b, 11-0 D, Itvina, CA Project Manager. Irvine Unified School District proposed to build a new elementary school, PAIS North Elementary School in order to accommodate the increasing enrollment demands for the District within the Orange County. PA 6 North Elementary accommodates a maximum of 1,000 students with 75 staff members and will provide I<- 6th grade educational services. Chambers Group prepared an IS/MND, including technical studies for air quality, noise, cultural resources, and hazardous materials. ivic G :c_n(r•r BUil in?, 16 I[ DCri),Aa:Icm, KAil... Archiv.-.cu fear the t::::czu.rrttiy 0 'Drange, (.:.iry of Santa Ana, C.)raurg'e C ounry, K:A Senior Project Manager. Corinne developed and delivered the Initial Study/Mitigated Negative Declaration for the Civic Center Building 16 Demolition in Orange County. Located at 601 North Ross St in Santa Ana, the aging building presented additional rhallenges in the form of historic resourres assessments in addition to ha7mat reporting. Additionally, due to project schedule concerns, the administrative draft of the IS/MND was prepared in only 1.S weeks from receipt of notice to proceed. I r ledynr., lfyan Burlrlln,gs GDr.,mo itiean LIH- San Diego K:::ounty Regu.m.all Airp+:rrt Paa.rthcarrty enra San Lgref;ra l..Jnrft+ r.:B Port District, 'a-tn DiKf;ca, CA Senior Technical Reviewer. Corinne conducted an independent review of multiple resource arms during the preparation of the EIR for the proposed demolition of existing aviation manufacturing facilities. The specific issues of concern were the removal of asphalt and other paving materials, the removal and disposal of all hazardous and contaminated construction materials, the removal and disposal of chlorofluorocarbons, the cutting, capping and removal of all underground piping and utility systerns, and the capping of storm drain and sanitary sewer laterals Corinne's work included coordination City Council 15 — 122 7/6/2021 Est A-17 -W' 7979 r' vvwwr RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency wiLh several agencies, Lhe rdmifica Liuns of his Loric building dernolilion, IeasL Lern nes Ling rniLigd Lion, supervising Lhe transport and disposal of hazardous material, and coastal zone permitting. "..rtY of l:,mrrrutoni, frx- 4:onlutnrc railI Q c.nucr, Bc,trrmr<snt, C.A. Project Manager. The team evaluated the permit application for compliance with the City's General and Specific Plan and conducting peer review of the applicant prepared IS/MND to evaluate impacts associated with the project and ensure compliance with CEQA. The proposed commercial shopping center consisting of approximately 37,200 square feet of shopping center, a 4,300-square foot bread/donut/bagel shop, a 4,370-square foot car wash, and an 8-service hay tire. store. The proposed project site covers a total of 7.07 acres. The remaining area of the project site would consist of 56,991 square feet of landscaping and 188,947 square feet of roads and walkways. n rporior Ava_nuc I'r rir srriau ,uzd 11k yr 6_ Brif lg(" Nu-wporr. Rum h, Ornrig, < low it:y, (A, Principal in Charge. Chambers Group is working with the City of Newport Beach in the construction of a pedestrian and bicycle bridge overerossing Superior Avenue, a new larger parking lot with a range of 100 to 123 parking spaces and a fenced dog park on an approximately 3.4-acre site. I he proposed bridge will connect Sunset Ridge Park to the new asphalt parking lot located at the northeast corner of West Coast Highway and Superior Avenue. Due to the location of the project and being partially funded by federal funding, Chambers Group Is responslble for preparing CEQA documentation, NEPA documentation and California Coastal Development Permits. Technical Studies (air quality, GHG emissions, energy and noise analyses, initial site assessments, hazardous materials analysis, Coastal California Gnatcatcher focused surveys, visual assessment) and a subsequent IS/MND were prepared as an appropriate CEQA documentation to provide the public and responsible agencies with information about the potential environmental impacts associated with Project implementation. I his IS/NIND includes a project -level analysis of the potential effects. As a part of the NEPA documentation, Chambers Group was responsible for coordination with the Caltrans Local District and the resulting preparation of a Categorical Exclusion as the appropriate form of NEPA documentation. 900[ E. VVIiitier BoijkUvarrj DcYr oprnera I�S/F11,J D, Pico 1Uvr,ra. Lr , Angr.lr , r"�suury, ti..:A, Project Manager. The proposed project is located at 9001 Whittier Boulevard. The parcel contains a 12,126-square- foot drive-thru building, currently occupied by Bank of the West. Dynamic Development intends to purchase the property and demolish the existing building and construct a new drive-thru for Chick-fil-A and a new retail building, which will house Bank of the West and one other retail tenant, yet to be determined. The proposed project is located within the City of Pico Rivera, California and represents infill development. Chambers Group managed the preparation of an IS/MND and associated technical studies including parking analysis and a traffic impact study. In order to meet purchase requirements, Chambers Group delivered on a project schedule that necessitated certification at a Planning Commission meeting on November 21, 2016, after receiving notice to proceed on September 12, 2016. (gild cre Ivl ruc, hititil Study Add(Ildi,lln (.]iry Of Pflkn:➢a , (_A Managing Environmental Planner. The proposed project is located in a vacant lot in the City of Palmdale with a land use designation of Industrial. A previous MND and Conditional Use Permit were prepared for the project site to be developed as a bagging facility in 2002 and 2009, respectively. Due to project use changes, the Client prepared an updated entitlement application for the use of 14 of the 20-acres of the project site and construct a paver plant facility instead of the previously proposed bagging facility. Chambers Group completed the requested entitlement application for the proposed project, conducted a site visit with the Client, prepared an addendum summary to the previous MIND, and reviewed and incorporated the results from the following technical studies into the addendum: Air Quality, Cultural Resources Study, Biological Resources Report, Phase I Environmental Assessment, Acoustical Report, and Geotechnical Lngineering Report. I he proposed project and entitlement application were approved by the City of Palmdale Planning Commission Staff. City Council Est -rW' 7979 15— 123 A-12 vvww L iL n� , ,,u ), ) i.;.t;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Meghan Gibson Environmental Planner Meghan Gibson has more than 12 years of experience providing environmental MI r, Vnl?li I di y, Fnoni ui a a•ntal 1'„ui5y, unw„r„ify uL`.u.,iih �.rn documentation, environmental planning, and policy services to public and private clients. She has experience managing both large -and small-scale projects that involved CEQA and NEPA documents. She is responsible for preparing CEOA documentation, II 'r,rr.iry„I u,dl:,,,d, 200y including ISs, MNDs, and EIRs. In addition to her CEQA experience, Meghan has prepared multiple joint CEOA/NEPA documents, again, for both public and private rtl clients. She also has extensive experience preparing mitigation monitoring summary I,r P Advar , (- I Y r pA vdo r;hop, reports and compiling information from both survey and monitoring data. Meghan has I 'hm (y 10z0 multiple years of experience providing project management support to projects of n 'A. A.dv,i ,, = 1 various complexities throughout the western U.S. 101" A rtirlio r,l r nvi(e�nnantnl 2.2.4.1nit. Cond,..)rninium Prd:ohdl., Liwir-annmental Impact Kcp,.)r C, L1 Plucti r3, I'r„la ;iorr.rl , I Y P.rrg,•I�s 'f..A r .,Insr P,ir1, ,yl 1mx l,r,or,c Project Environmental Planner. Assisted with CEQA documentation for the 22-unit ,I rmYiron.., mal condominium project that would include the demolition of a historic theater. the v i sr;r 1 Ir,.:� Project included technical analysis for air quality, greenhouse gas emissions, and a r t .r1 r,Vrl,f , ir.��r. ,t historical d55e55rnenL. Meghan wrote portions of the IS ChecklisL, and also reviewed the /ayYs EIR prior to public review. An 1o1 r Gon 1t tr,1,trglr,rr�lr�i,1l rr, i' -sior, d I,;,Anr, k PA6 I'A,w 1.11 1 .�ryl nr:Tr y SchrvA I" IMI''All Irvine, CA r r, wrr r s, , r r vy, m1Y Environmental Planner. Irvine Unified School District proposed to build a new wi„u1enar (Al;, elerTienLary school, PA6 NurLh Elementary School in order Lo accornrnodate Lhe �,�i,, a,�� d, ,• r increasing enrollment demands for the District within the Orange County. PA 6 North Elementary accommodates a maximum of 1,000 students with 75 staff members and will provide K-6th grade educational services. Chambers Group prepared an IS/MND, including technical studies for air quality, noise, cultural resources, and hazardous materials. 1tc)R)Sa='Vr� a' Llu-incica y Schc)ol Builrhn,? CEQA ac rvre:e,,Long Be.TcI( E fni'hcd `lihrycal LAracrica (LILO ISD), Lon, Bea,:.h„ CA Deputy Project Manager. Meghan supported the project Involving simultaneously rebuilding while keeping the elementary school in operation by writing sections of the Initial Study, including incorporation of technical studies into the document. The complexities of the project came from the concurrent effort to relocate the current student population and bus transfer stations, the permanent removal/relocation of the current bungalow and portable classroom buildings, the demolition of permanent buildings and related infrastructure, the construction of new buildings and related infrastru(:ture, leading Lo the ulLirnaLe relocation of the. Roosevelt sLudenL population back to the new campus. Due to the historical aspects of some of the project buildings, a focused EIR was completed for the project. Lhe P..inccrn L)cYclrPpmentArne. ndnt tit Pr't.)ie. t, (...:ity C Chiru:b IiIIO LI C:eraro. C::PT Project Manager. Meghan was the Project Manager for supplemental documentation for the Rincon Development Amendment Project. Since the approval of the 2016 IS/MND, the developer revised the site plan and Meghan prepared a Subsequent MIND to analy?v thr+ rhangpw to ThN orlginal prnjNrt Thp ¢i,hcr rj,iww AnAly�lc included City Council 15 — 124 7/6/2021 Es A-19 -W' 7979 r' vvwwi RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency dddiLional Ledmicdl andlysiS for air qudliLy, GHG emissions, noise, and traffic. The results from Lhe Lechnicdl reports were incorporated into a Subsequent MND as additional mitigation measures were required for the proposed changes. q/ltshineaaxt f'Yiryr➢!Sr. _li onl I IVA(: aurcf I mirk, & ['ielrl Irnprrsvern! ru,, I. nw Bkm; h klrnh j 'Sr, I rLirrcc QI BI VSD), I (frig Rr-m,h, CA Project Manager. Chambers Group prepared the IS checklist to confirm the appropriate CECtA documentation for the HVAC improvements and turf replacement at Washington Middle School. The improvements included accessibility upgrades as required to meet ADA requirements, utility upgrades, and replacement and repairs for the interior and exterior buildings. The project also included preparation of a Historic Resources Assessment because the school was listed eligible for the National Register of Historic Places, and the Administration Building and Science and Shop Bullding are considered character defining features. I rk,�wcod I hi4i School Tu-,rrf. rt 1-field Projccr I rong, Beach U411hcd S(hocol I (I Rl"I C)), I Bw.ich, I c>, Aurpullus Q:okiiiiy, (A Project Manager. Provided CEQA documentation support for the Lakewood High School Track & Field project which included ADA upgrades, replacing the dirt track with an all-weather surface, and replacing the natural turf field with artificial turf. An IS was completed for the project which included analysis of the campus in a Phase II Historic Resources Assessment. Based on the result of the checklist and technical analysis, a CE was the appropriate CEQA documentation, and a NOE was filed. y f f1 I I l 1'n •l :A) CZr EI"Y�rLL iHiCL7entiA d, �cYn°lEL L:In4; ,�:L'4LCr 2. t.._i( cn +agCa&L Iy f`"hc3a�r �'Arli, r�.A Project Manager. Commencing in September 2019, Chambers Group is working on a series of task orders to support the City with the peer review of project applications and CEQA documents. Chambers Group is providing guidance and assistance through the peer review of technical environmental reports and analyses (traffic studies, noise studies, geologic assessments, etc.) 'Superior AhvU'u.re I'rl.lr_,trian and Bicycle FSr'ir gc_ f,leavfx+br L Llcsa_lh)forth* Cr..aurnr,:y, G...'A Project Manager. Chambers Group is working with the City of Newport Beach in the construction of a pedestrian and bicycle bridge overcrossing Superior Avenue, a new larger parking lot with a range of 100 to 128 parking spaces and a fenced dog park on an approximately 3.4-acre site in the City of Newport Beach. The proposed bridge will connect Sunset Ridge Park to the new asphalt parking lot lorated at the nnrtheast corner of West Coast Highway and Superior Avenue. Due to the IocaLion of the project and being partially funded by federal funding, Chambers Group is responsible for preparing CEQA documentation, NEPA documentation and California Coastal Development Permits for the project. Technical Studies (air quality, GHG emissions, energy and noise analyses, initial site assessments, hazardous materials analysis, Coastal California Gnatcatcher focused surveys, visual assessment) and a subsequent IS/MND were prepared as an appropriate CEQA documentation to provide the public and responsible agencies with information about the potential environmental impacts associated with implementation of the proposed Project. This IS/MND Includes a prnjpct-level analysis of the potential efferts assnriated with the Prnjpct. As a part of the NFPA documentatinn, Chambers Group was responsible for coordination with the Caltrans Local District and the resulting preparation of a Categorical Exclusion as the appropriate form of NEPA documentation. I ldrbc,r I'nurr k°urk Lcrc,kroerr 110 1 1'.)Il I rccnsi ou, c,l f:;�Aa [)ocmnr. utatirun, I)tna k'aiutr.., t:"A Project Manager. Meghan is managing the preparation of the IS/MND for the project, which also included incorporating information from a previously prepared Biological Technical Report also prepared by Chambers Group. The project is to install an overlook deck as well as a trail extension from the deck to the existing trail network. Trespassing in attempts to gain access to the view near the cliff edge has become a large issue throughout the preserved open space at Harbor Point. As a result, the area is littered with trash and the vegetation is becorning highly fragmented due to the increase in off trail foot traffic. In addition, the unauthorized access to the cliff edge is a public safety hazard, as there is no railing or fencing present. The proposed overlook location will allow enhanced public access to coastal resources, as well as reduce the overall disturbance and fragmentation of the surrounding habitat. City Council Est -rW' 7979 15— 125 A-20 vvwwL iL i n�' ,,rf L, ) I L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Victoria Boyd Environmental Planner +"Ari,r;t r,.j$.'i,",r, L, � n 0'I",O A t;, t nor I'll, 11,d ment Victoria Boyd has more than 8 years of experience in environmental planning and „h , r ,o-torr,i.' permitting. Her background in environmental analysis within a variety of fields enables ',r ,re uni"' r "y, mn her to provide thorough assistance in the research and preparation of environmental documents. She has successfully worked on several projects complying with CEQA and n. .8. NEPA, assisting and acting as a project rnanaper with a wide variety of projects in Santa ft/h ow,cr,A. ,rI¢rl:(I d Barbara, Ventura, Los Angeles, and San Bernardino Counties. Additionally, she has rn,nrr,rrpna,.I d I'rulvssiam3h written WSAs for several projects. In addition, Victoria utilizes GIS as needed to assist 8 with environmental documentation and planning, and she has created maps for various r, rI of pi, ,n ir.r,1, projects, including the Los Angeles World Airports EIR and the Newhall Ranch EIR. I Ianf. I',af o 'vnlh ,Fate d ¶ r X rr, r,a rlil r 9I oI !,i„rnr•Iet mi (r r11, r, /� ,r - rc , , r-_ ru a �' r a i ➢Iir,3� YxLr} l«Ta J:Il1 a1 .�.V CTT rT LU I tB ty hi kUsi:i,� f r(YI c. 11 A,. CoLiiiLy ,f GDra rL;�PI,. VIPo, ;inp,nntl�F,{t r)rrsti urftn I'Va+.c:rttia, CA U�;irrop> Environmental Planner. The Project involves the development of two residential buildings accommodating 6S units (64 rental units) of affordable housing for senior households, including a community center and recreational amenities. Building 1 is proposed to include 41 one -bedroom units, and six two -bedroom units. Building 2 includes 18 one -bedroom units. The Project will provide a total of 59 one-4edroorn units that average 709 gross square feet in size and six two -bedroom units that average 871 gross square feet in size. The 3-9-acre Project site is currently home to Blessed Sacrament Episcopal Church, a well -established anchor in the community. The purpose of the project is to provide low- and moderate -income housing to seniors ages 62 and up earning Tess than b0 percent of the AML Seniors have specialized housing needs and fixed incomes that are not able to meet the demand of market -rate housing. The project provides the opportunity for seniors to live in a safe, supportive, and affordable environment. Developing a housing community with rent -restricted units for senior residents would also enable the City to meet the unique housing need of senior residents and advance the City's effort to meet their Regional Housing Needs Allocation (RHNA) of 231 units for low and very low-income households. 38580 9th at:Necc East Property Dcmiolck:m Pi,:)jecc, icy J hahndalr„ C„y$ Environmental Planner. The Project is to eliminate blight for the Project site, on a spot basis through propprty acquisition and ciparancp and dpmnlitinn of fhp vacant, unsiehLly 1,715 square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Block Grant (CDBG) Program through HUD. Environmental review was conducted to comply with CEQA and NEPA and all HUD rules and regulations that govern the environmental review process, as described in 21 CFR Part S8. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects M CFR Part 58 and associated technical sLudies to assisL Lhe City in completing Lhe EnvironmenLal Assessrnenl analyzing the potential effects on the human environment. Vrsr„a. So[ rcit SuplA rneriml I M, Qiiy of La d:Duutrx, LA,. Project Planner. Helped to write the Supplemental EIR for the Vista Soleada residential project on approximately 80 acres adjacent to the City of La Quinta. The EIR originally proposed developing 23D residential units; however, after discovering tribal cultural City Council 15 — 126 7/6/2021 A-21 Est -rat„a-7979 r' vvwwL RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency resuurceS un [Ile projeLL SiLe, the Supplernen Lal EIR looked at Lhe irnpacLs of removing 32 residential units from the plans and constructing a Cultural Resources Preservation Lot. I � Rabic ; Alxarirt oms IL(IU V",as;aiena, C:A Project Planner. Assisted with managing the EIR for Los Robles Apartments project in the City of Pasadena. The project included the demolition of six low- to moderate -income multi -family residential apartment complexes from the site and constructing a four-story market -rate residential apartment complex containing approximately 307 dwelling units. Parking for the residential use would be provided in two levels of subterranean parking containing a total of 521 parking space.. Tribal Cultural Re.SourceS needed to be Specifically addressed aS the. Project Site location is along an old Tribal trade route linked to settlements in the San Gabriel Valley. Ervvanda I i Ithts P• ct, hbnrlurrpd it 'lau dEI UI( F) ElK_ R,0K.110 (,'UcaIUKA1. as San Gcrnari::hn,-.) County, CA Project Planner. Assisted in the preparation of the EHNCP EIR. The EHNCP Plan Area (Plan Area) is located along the northeastern edge of Rancho Curamnnga (City). Roughly 3,S6s arras of the Plan Area wnuld provide for rnnservatinn within the Rural ConservaLion Area (RCA) and the northern Neighborhood Area (NA), and roughly 828 acres of Lhe NA would allow for development as further detailed. The Plan would concentrate development in a pattern of compact, walkable new neighborhoods in the NA and implement the City's existing General Plan land use designations in the RCA. The Plan would permit the development of up to 2,900 residential units and 180,000 square feet of neighborhood shops and restaurants in the NA, along with a new K-8 School and other public facilities and limit development in the RCA to a rnaxlrnurn of 100 units on privately owned property in the RCA. The Plan also Includes a Includes a Conservation Strategy & Transfer of Development Rights Program to encourage and facilitate the conservation of privately -awned land in the RCA by allowing the voluntary transfer of development rights from privately -awned property in the RCA to the NA. Through this program, the maximum 3,000 residential units allowed by the Plan could be developed in the NA. Victoria assisted in the preparation of the mineral resources and utilities and service systems. I I `i' and o, Abaci,. I°s, I rt ay Angc k^,, ( :A Project Planner. Assisted in drafting the Initial Study for the 11th and Olive mixed -use residential towers. The project involved the demolition of two existing surface public parking lots and the construction of two mixed -use residential towers across two sites (Site 2 and Site 3). The Site 2 building would contain 535 residential units across 51 stories, in addition to 4.S subterranean levels, and be. approximately SW feet in height with a mechanical penthouse included. The Site 3 building would contain 713 residential units across 60 stories, in addition to 5 subterranean levels, and be approximately 663 feet in height with a mechanical penthouse included. The Project would include a combined approximately 21,604 square feet of ground floor retail space; 1,356 vehicular parking spaces; 1,395 bicycle parking spaces; amenity decks with swimming pools; community recreation, gathering, lounge, and fitness areas; sky lounges with outdoor decks; and pedestrian improvements along 11th Street and S Olive Street, including improved amenities and active street frontages. The Initial Study concluded that an EIR would be required to address air quality, cultural resources, GHGs, hazards and hazardous materials, land use and planning, noise, population and housing, public. services, transportation, tribal cultural resources and utilities and service systems. i,i,woh.rll l It.aneh slur + iiric V'hui, my an tes Airugcic , CA4. Project Planner. Created a number of Geographic Information Systems (GIS) maps for Newhall Ranch. The project is a 12,DDD- acre planned community located west of Valencia. In 2003, the County of Los Angeles approved the Newhall Ranch Specific Plan, which anticipates the development of up to 21,308 dwelling units; 629 acres of mixed -use development; 67 acres of commercial uses; 249 acres of business park uses; 37 acres of visitor -serving uses; 1,014 acres of open space (including 191 acres of community parks and 923 acres of other open space); S,157 acres in Special Management Areas; 55 acres in 10 neighborhood parks; a 15-acre Take; a public trail system; an 18-hale golf course; two fire stations; a public library; an electrical substation; reservation of five elementary school sites, one junior high school site, and one high school site; a 6.8-million-gallon-per-day capacity water reclamation plant; and other associated community facilities within Newhall Ranch. City Council Est -rofr,_ 7979 15— 127 A-22 vvwwL h i ni i i,u L, ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the C LA o'1 Housing Division ..1 . City of Santa Ana Community Development Agency 'mr Eunice Bagwan Environmental Planner h4 ,, o-miir„ .� ral roan t,n :n1 Eunice Bagwan has a background in CEop. and NEPA environmental impact assessments as well as technical writing and editing. She has assisted with the preparation, writing, a,w •rsicy, 0,lhil ore, IWl -nt; and editing environmental documents, such ns IS/MNDs, Categorical Exemptions, EIRs and safety related documents such as job hazard safety forms and safety plans. Eunice r7, -„p,,nnn d it drt, and .�reiy, has also rnanaged and co -managed various projects as a Deputy Project Manager and .dir ,rnla'Ilrin, Innrerslty, Project Manager. n,bxrrnrcEge, lA LU }_1 NH PA Ba .0 s- S,ania Angelina °.:enie;r (A-mirnunrty E inkrsing Fur rind FA, ('money or Orange' ;,NOlSr, Piac:tl,'.,rli.Ia„ C-A Adwinveu r.l riit I_s'. "111 'r <;_ Environmental Planner- The Project involves the development of two residential °(I I,; buildings accommodating 65 units (64 rental units) of affordable housing for senior '( I I iD I P1 ngq r2nr ;ufvty households, including a community center and recreational amenities. Building 1 is I r•,rproposed to include 41 one -bedroom units, and six two -bedroom units. Building 2 includes 18 one -bedroom units. I he Project will provide a total of S9 one -bedroom units n-r rzion o, r nvtro111n meal that average 709 gross square feet in size and six two -bedroom units that average 871 d InI,nU Crr tar vier gross square feet In size. The 3-9-acre Project site Is currently home to Blessed I'm, ivnc„ r Vlonhw hip Sacrament Episcopal Church, a well -established anchor in the community. The purpose r,,� ,-nrsu ,n ,r yard rlarzh of the project is to provide low- and moderate -income housing to seniors ages 62 and up earning less than 60 percent of the AMI. Seniors have specialized housing needs and fixed incomes that are not able to meet the demand of market -rate housing. The project provides the opportunity for seniors to live In a safe, supportive, and affordable environment. Developing a housing community with rent -restricted units for senior residents would also enable the City to meet the unique housing need of senior residents and advance the City's effort to meet their Regional Housing Needs Allocation (RHNA) of 231 units for low and very low-income households. rzlrnc�nin View A[f�>r cJ,ible I E Ausin <:::arnrnunu.y I'1 n� (t. E.d< F'ur r-nL, (.:A; f tl Environmental Planner. The Project involved the demolition of an existing office building located at 2/1551 Raymond Way and construct a 71-unit affordable housing apartment complex on the proposed 1.96S-acre site. The development will provide several recreational amenities, including an approximately 2,0S0-square-foot community center, a small playground for young children, OutdOor fireplace with seating areas, and large activity lawn. The Project required approval of a General Plan Amendment, zone Change, Tentative Parcel Map, Site Development Permit, Affordable Housing Agreement, and Planned Sign Program- The Project proposed to provide affordable units to households earning less than 601A of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. ['A6 hdc�r llr Elcrnen.aiyv Schryc.,[ ISIVINE) II -AL), Irvine, CA Environmental Planner. Irvine Unified School District proposed to build a new elementary school, PA6 North Elementary School in order to accommodate the increasing enrollment demands for the District within the Orange County. PA 6 North Elementary accommodates a maximum of 1,000 students with 7S staff members and will provide K-6th grade educational services. Chambers Group prepared an IS/MND, including technical studies for air quality, noise, cultural resources, and hazardous materials. City Council 15 — 128 7/6/2021 -_ EstA-23 -ro' 7979 r' vvwwr RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency /../rl..f nr(; lilt Pr(elr: r,C EiLviionimtimil hfipacr I'`,a•13 oCr,. Li V`xrr'rrt'e, C. A. Environmental Planner. Eunice worked on preparation of CECA documentation for the 22-unit condominium project that would include the demolition of a historic theater. The Project included technical analysis for air quality, greenhouse gas emissions, and a historical assessment. Civic. (:enter Llo.. ddinrl, 16 L)cniohucyn Initial i uoy/Milu L d r,deg= rtive Dec l ar : don, Oiranfse r:.:cai.uuy Piib is Wnrkq, Sarmi Ana, ('.A Assistant Planner. Eunice assisted the preparation of an IS/MND and the MMRP for the demolition of Building 16, within the Orange County Civic Center. Due to project schedule concerns, the administrative draft of the IS/MND was prepared in only 1.5 weeks from receipt of notice to proceed. Due to the age of the building required a full historic resources assessment was conducted. Avalon 1: 11 Site lntrn r'nvenrc.i rtu lien): c [, I ong, VS each Unified SchnnI 1)istrir i (1 RUS1)), Lorig, Renrh, Los Angele> County, -CA Environmental Planner. Eunice drafted the Initial Study Checklist and assisted the Project Manager in incorporating the technical studies into the Initial Study. The Avalon K-12 Site Improvement project includes installation of HVAC on campus, replacement of the natural turf baseball field with artificial turf, and various other campus -wide improvements. Due to the presence of contaminated soils, the CEQA analysis is also including the contaminated soils removal in the analysis. technical analysis is being prepared including air quality and GHG analysis, noise assessment, geohazards assessment, and historical resources analysis. Wa'd,ling,rort Mide1k S-hool I IVA(� and Z rack kdd 1rnproverrn nr,., Long R,,arch Unified Se-hrxd F)isrt:rir,_rt. Q1 hl..t,If)) I rrnF;; L''i( rr h, Lra. Anp, ter,; G.ounr_y, (_A Project Manager. Funice prepared the Initial Study checklist to confirm the appropriate CFQA documentation for the HVAC irnprovernents and turf replacement at Washington Middle School. The irnprovernents included accessibility upgrades as required to meet ADA requirements, utility upgrades, and replacement and repairs for the interior and exterior buildings. The project also included preparation of a Historic Resources Assessment because the school was listed eligible for the National Register of Historic Places, and the Administration Building and Science and Shop Building are considered character defining features. �Lirier'ior Avenue Pede•sci-ian and Riryele Rvidge, hleen port Vrmarli, ( range I,. coun[y, ('A Environmental Planner. Chambers Group is working with the City of Newport Beach in the construction of a pedestrian and hicycle bridge overcrossing Superior Avenue, a new larger parking lot with a range of 100 to 128 parking spaces and a fenced dog park on an approximately 3.4-acre site in the City of Newport Beach. The proposed bridge will connect Sunset Ridge Park to the new asphalt parking lot located at the northeast corner of West Coast Highway and Superior Avenue. Due to the location of the project and being partially funded by federal funding, Chambers Group is responsible for preparing CEQA documentation, NEPA documentation and California Coastal Development Permits for the project. Technical Studies (air quality, GHG emissions, energy and noise analyses, initial site assessments, hazardous materials analysis, Coastal California Gnatcatcher focused surveys, visual assessment) and a subsequent IS/MND were prepared as an appropriate CFOA documentation to provide the puhlic and responsible agencies with informatinn about the potential environmental impacts associated with implementation of the proposed Project. This IS/MND includes a project -level analysis of the potential effects associated with the Project. As a part of the NEPA documentation, Chambers Group was responsible for coordination with the Caltrans Local District and the resulting preparation of a Categorical Exclusion as the appropriate form of NEPA documentation. City Council Est -roar,_ 7979 15— 129 A-24 vvwwr it i n� ' ,,rf ), ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Elizabeth Fortin Environmental Planner J.,„_ Elizabeth Fortin is a highly resourceful Environmental Planner experienced in both CEQA -nvirc,n rr w,n ,,l [Air, rq�;y, and NEPA compliance. She has experience working on a broad range of complex and highly controversial environmental issues with an emphasis in natural resource management and regulatory compliance in the private and public sectors. r R rjP. A,ely �nr - I li ICi) ., Ynl;d. A1r, ,,dirl3 ✓_) ornurwy ilowc ng Fr olr r f � Ay Coiiniy of()r a.nuf., Pla(,curia, C...Ah. A„e��-.iahirwi rrf Fnvii+x.rrr,iiFal Environmental Planner. The Project involves the development of two residential I'u Ufa,-.irAn,� ',,n-C1vNa, o buildings accommodating 65 units (64 rental units) of affordable housing for senior " t PPr L°.rns households, including a community center and recreatlonal amenitles. Bullding 1 Is proposed to include 41 one -bedroom units, and six two -bedroom units. Building 2 includes 1g one -bedroom units. The Project will provide a total of 59 one -bedroom units that average 709 gross square feet in size and six two -bedroom units that average 871 gross square feet in size. The 39-acre Project site is currently home to Blessed Sacrament episcopal Church, a well -established anchor in the community. I he purpose of the project is to provide low- and moderate -income housing to seniors ages 62 and up earning less than 60 percent of Lhe AMI. Seniors have specialized housing needs and fixed incomes that are not able to meet the demand of market -rate housing. The project provides the opportunity for seniors to live in a safe, supportive, and affordable environment. Developing a housing community with rent -restricted units for senior residents would also enable the City to meet the unique housing need of senior residents and advance the City's effort to meet their Regional Housing Needs Allocation (RHNA) of 231 units for low and very low-income households. MoL,infain View Affordahk, I toiising Proj(,ct, t ➢ko I.'or^e"a {__A Environmental Planner. The Project involved the demolition of an existing office building located at 24551 Raymond Way and construct a 71-unit affordable housing apartment complex on the proposed 1.965-acre site. The development will provide several recreational amenities, including an approximately 2,050-square-foot community center, a small playground for young children, outdoor fireplace with seating areas, and large activity lawn. The Project required approval of a General Plan Ampndmpnt, 7nnp Changp, Tpntativp Parrpl Map, Sitp Dpvpinpmpnt Permit, Affordahlp Housing Agreement, and Planned Sign Program. The Project proposed Lo provide affordable units to households earning less than 60% of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. Siiperior Av€.nu-.e P ulestrian and R3ikc Rwidge Lnd R"arking I eot_, City of hlew poi: t R ccar.h, + 1r 'rn),e Comity, CA Assistant Environmental Planner. Elizabeth assisted in the preparation of an IS/MND for the Superior Avenue Pedestrian and Bicycle Bridge and Parking Lot project. The entire project site is located within the boundary of the coastal zone as established by the California Coastal Act and is therefore under the land use planning and regulatory Jurisdiction not only of Inral government agrncies, but also the California Cnastal Commission. The project required consideration of two architectural design options, application for a Coastal Development Permit, as well as completion of a Visual Assessment, a Hazards Assessment, a Jurisdictional Delineation under Section 404 of City Council 15 — 130 7/6/2021 -_ EstA-2S -ro' 7979 r' vvwwL RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Lhe Clear WaLer ALL, d NEPA Ld Legorical exclusion, a Biological Technical Report, and various daLUrTlenLS for Lhe California Department of Transportation. Avalh}n I< I? Sii(t InrxF°rcrjc�cr, Lcn•x p;+,ach I.Inrrr2d School I;Istrict (I I�.O�I nI)�, Long Bu;ia_h, Lr's A,nFcks (:ouiwy, (:A Assistant Environmental Planner. Elizabeth is assisting with the CEQA documentation for the Avalon K-12 Site Improvement project, which includes installation of HVAC on campus, replacement of the natural turf athletic field with artificial turf, and various other carnpus-wide improvements. Due to the presence of contaminated soils, the CEQA analysis is also including the contaminated soils removal. Technical analysis was prepared including air quality and greenhouse gas analysis, noise assessment, geohazards assessment, and historical resources analysis. r"'WaligO I iro Stz ion No I & I leadcli- itr_er t I° ojoi: r, 0minge, d_A Assistant Environmental Planner. Elizabeth assisted with preparation of an IS/MND for the Orange Fire Station No. I & Headquarters Project. The project involves replacement of the current aging and undersized fire station and required coordination of a number of technical specialists for air quality, energy, GI IG, noise, geotechnical, water quality, and cultural analyses. - Roy ,>f Anicrica (_stay n.«. > 4�,:t.u'nha�rTztertc, (::a:aii , u .y of Sari Dia ga, .pan Dicgo <.,o unry, C.. Assistant Environmental Planner. Elizabeth is preparing an IS Checklist and associated CEQA notices, coordinating with subcontractors, and responding to public comments for the renovation and construction of camping facilities and supplemental amenities. The project requires coordination with the County of San Diego Parks and Recreation Department and the Boy Scouts of America to develop new camping facilities, a flag plaza, archery range, fire ring and amphiLheaLer, Lip -line, Camporee Field, and COPE course; renovaLe Lhe exisLing restroom; LonsLruct a fenced sLorage facility; and complete minor road improvements. Orni % f rtrrkhawc n Gaothci nial p xpb oratory Welk IEA/M[', ), (:krn,'nt V echnriingies, Inc., Iunj,crial �C...A:;umy, f...:A, Assistant Environmental Planner. Chambers Group contracted with Imperial County to prepare an IS/MND for the Orni 5 Truckhaven Geothermal Exploratory Wells Project in accordance with CEQA. Portions of the Project are located on land managed by the U.S. Bureau of Land Management; therefore, there is a federal nexus for the Project. Chamhers Group is also contracted through Ormat Technologies, Inc. to prepare the NEPA document (Environmental Assessment) for the Project. Elizabeth assisted in preparation of the IS/MND, MMRP, and Draft EA with associated notices, as well as producing deliverables specific to the BLM such as the Conservation and Management Action table. The project requires coordination between the County of Imperial, California State Lands Commission, California State Parks, the Bureau of Land Management, and the project proponent, Ormat Technologies, Inc. L�r ol gir„�I mifl Sl.IIVuy{c,r ,u V kiz,al dolls J rue IiV1T1cPva1 Proju il.. P 'rALIHIT r FirC' Aurh01-ity, f_Pr singr (rrtrrrty, CAs, Assistant Environmental Planner. Elizabeth assisted in preparing IS documents for the treatment and removal of pest - infested trees in various project areas throughout Orange County. The IS documents determine whether the projects may have a significant effect on the environment and each project's eligibility for an exemption from additional environmental review under CEQA. It was concluded that the projects were eligible for various categorical exemptions and did not trigger any of the Exceptions to Categorical Exemptions listed under California Code of Regulations Section 1S300.2, including Cumulative Impacts, Significant Effects, Scenic Highways, Hazardous Waste Sites, and Historical Resources. Notices of Exemption were prepared and filed for each project. City Council Est -rofr,_ 7979 15— 131 A-26 vvwwLh nk' ,,u a, ) i.;.t;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Paul Morrissey Director of Biological Services J, , ` ` " Paul Morrissey has more than 16 years of experience participating in and conducting M r.0 icii yr ildunila ipr Law-_y. ['u iiiK-I=zndl_,zao; terrestrial and aquatic/marine studies, with a comprehensive background in bath collecting data and performing biological monitoring surveys. He is an experienced biologist, field manager, and project manager. He has coordinated with state and " federal agencies to develop and implement effective mitigation and rnonitorinp, plans „r ,•i i, for listed and sensitive species and to ensure compliance with state and federal laws. iJ"I vds r'c r n xRi-lrs.a> 10-1, Working on and managing complex linear projects such as the Pacific Gas and Electric r r�r ti/d ;cl nldir i ,11, (PC&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E) power a-ri�iit,rrl.r �ru,tsi transmission line projects has made him familiar with the flora and wildlife species yr „�d �.•r Ir ,:;, .<< -, within Orange, Los Angeles, Ventura, Riverside, San Diego, San Bernardino and Imperial u ,r r4, rr i.t counties. He has conducted wetlands delineations pursuant to Section 404 of the CWA and riparian delineations pursuant to Section 1601/1603 of the California Department of It r irdoa Fish and Wildlife (CCFW) Code. He has also prepared jurisdictional delineation reports rn -,•rl rcrlr,i-�,nnfevine and prepared permit applications for the U.S. Army Corps of Engineers (USACE), CDFW, la f hniqua thlrx 1, ;hop, era r-rt and Regional Water Quality Control Board (RWQCB). He has performed agency I ar rw ,e r�il, Uualih, it ilr- _r[ consultations, prepared CDFW and Bureau of Land Management (BLM)/United States Fish and Wildlife Service (USFWS) permits for state and federal -listed speries, and � 11f 1h/ •url l i e A o I:::d � ,,•.•.r . . ,r ei r N ho-rta"d developed habitat mitigation monitoring plans and restoration plans for associated r, ,r I. 119fi rn.r,"tr, vl impacts. He has consulted with USFWS during federal Endangered Species Act (FESA) v,;r, a P;�ri.,Eir,r,r Section 7 for endangered species issues and negotiated FESA Section 10 conservation mmnr l tpr t ,.,r rvi,r¢•l o<nirr permitting, as well as consulting with CDFW for Calitornia Endangered Species Act r'°riec�. (CESA) Section 2081 permits. He has authored technical biological sections of PEAS and .fn,rhw r, nVfraro%N,Ilyr irfif( has negotiated mitigation measures with the CPUC to receive authorization of �nrtrrlc;ho .. ,.nrrlirn'.ivrra construction for utility tic line projects. Ire r roh "I'd on, Paul has assisted in the designs of several projects to identify and minimize potential r"" rise "r'.r.rtrnihdh impacts. Infact, Paul earned Chambers Group the Marvin M. Black Award for partnering b it ,fhch.rrt: •�ni1 If I un96uir. by the Associated Contractors of America for a stilling pool design arid implementation ecrif,hfu^";. which allowed the award -winning project to move forward. I,'Ydfi".ft ll If, u_ Mouutaur Vmw / ib,ir-da rlu I hrrumng Prrjler. i, Like 1 rarest, (_.A Director of Biological Services. I he Project involved the demolition of an existing office building located at 24551 Raymond Way and construct a 71-unit affordable housing aparl-rrnenL complex on Lhe proposed 1.965-acre site.. The development will provide several recreational amenities, including an approximately 2,050-square-foot community center, a small playground for young children, outdoor fireplace with seating areas, and large activity lawn. The Project required approval of a General Plan Amendment, Zone Change, Tentative Parcel Map, Site Development Permit, Affordable Housing Agreement, and Planned Sign Program. the Project proposed to provide affordable units to households earning less than 60% of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. Su(aerua Avonue liaitI it 6if:p I Ur idgkt Nf,vvpcfr t Be;ga It Ormige County, (:::A Biological Services Lead. Chambers Group is working with the CiLy of Newport Beach in "Zie, a new City Council 15— 32 7/6/2021 -_ C;'f A-27 "'off" 7979 r, vvwwf h ni I.; corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency larger pdrking IoL wiLh d range of 100 Lu 128 pdrking spaces and a fenced dog park un an approximately 3.4-acre Site in the City of Newport Beach. The proposed bridge will connect Sunset Ridge Park to the new asphalt parking lot located at the northeast corner of West Coast Highway and Superior Avenue. Due to the location of the project and being partially funded by federal funding, Chambers Group is responsible for preparing CEQA documentation, NEPA documentation and California Coastal Development Permits for the project. Technical Studies (air quality, GHG emisslons, energy and noise analyses, Initial site assessments, hazardous materials analysis, Coastal California Gnatcatcher focused surveys, visual assessment) and a subsequent IS/MND were prepared as an appropriate CEQA documentation to provide the public and responsible agencies with information about the potential environmental impacts associated with implementation of the proposed Project. This IS/MND includes a project -level analysis of the potential effects associated with the Project. As a part of the NEPA documentation, Chambers Group was responsible for coordination with the Caltrans Local District and the resulting preparation of a Categorical LXCILISIon as the appropriate form of NEPA documentation. Dr,- v rt V,rllry C'onfpany Mono -fill C_r,ll rV V xrean;ion Pr'ola rt Z Lnj (rweiring .inr( r',II ur rgy, Impr.rial r:oLUnty Lead Biologist. Cal Energy Operating Corporation (CalEnelgV) in cooperation with the Desert Valley Company (DVC) are proposing the expansion of 1-he existing DVC Monufill Facility Lo establish a new cell (Cell 4). The proposed Cell 4 would be used to deposit nonhazardous waste generated from filter calve and scale formed in the transport, flashing, and handling of geothermal brine frorn a total of four energy generating facilities. Cell 4 Would also be designed to handle soils contaminated with geothermal materials, geothermal drilling muds and cuttings, and incidental plastic sheeting (truck bed liners/material). The additional facilities will allow the existing monofill location to continue Operation, - beyond the expected date the current facilities will reach capacity in 2025. Mr. IVlnrrissey coordinated and led the biological assessrneia, jurisdictional delineations, focused surveys for flartailed horned lizard, burrowing owl, small mammal Lrapping, and rare plant Survey,,, a,, well a,, assisting wiLln design impacLS, penrrii. applica Li«m sLra LegieS, and agency I'neetings to discuss mitigation strategies. ()rr a..aI fur LrnrrronrrIQrrCAI C(.itsuIurrt? 'QI'4U_rv, (_df_y c-4 M,)or par Ic, Mof,)rIxirk. ('_A Lead Biologist. Commencing in September 2019, Chambers Group is working on a series of task orders to support the City with the peer review of project applications and CEQA documents. Chambers Group is providing guidance and assistance through the peer review of technical environmental reports and analyses (traffic studies, noise studies, geologic assessments, etc.). Biolog(c aI Surw�ys and Mc,r korinp, R>•r rho- 2012 to 2017 Debris Basins Maurrcnance Pr ojec:f., Lcls Ang-ek ('cmnfy, (A Program Manager. Paul coordinated pre- and past -construction surveys and biological monitoring within 172 debris basins maintained annually by Flood Maintenance Division (FMD) throughout Los Angeles County, California. The surveys are required by the agency permits (401/404/1602) obtained by LACFCD for maintenance activities including mowing/trimming of vegetation and potential sediment removal within the debris basins. Surveys included jurisdictional and wetland delineations, pro and post construction surveys, water quality sampling and analysis, and biological compliance monitoring. Annual reports are prepared and submitted to RWQCB. °,Gl:+fr'.Ver. 'h r>l-0I o-:q![I r a;ny'eC' 1r}rnrrrj.l.7 r,L r..iharincl', rriJ r.: t, Peurt rrtrl rip, rr:.y+3 d,.<arSUfr kan d,.Bi CC`<E rli, F KA r,roiip, r arr on, I cr. Angel , C:,owrly, ( A Lead Biologist. Paul led the tearn that prepared the application packages for the Section 404 nationwide permit for USAGE, Section 401 water quality certification for RWQCB, and Section 1GU2 Strearnbed Alteration Agreement for CDl-W. The project involves widcning the Sepulveda Blvd. bridge over the Dorninguez Charinel by adding a median and sidewalks on both sides of the bridge to improve road safety and reduce traffic congestion by allowing for better traffic circulation. City Council Est -rorr,_ 7979 15— 133 A-28 vvww l h I I� ' ff L, ) II L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Sandra Pentney, MA, RPA, ENV SP Director of Cultural Resources IVIA, /k rrl""r" r�gy, I,"r ivr"r ityr Sandra Pentney is a CEQA/NEPA and Cultural Resources professional with broad -based rcrM1 ,,a,.sar iirc vv a�� experience in project management, business development, and agency consultation. An accomplished professional who has negotiated multi -agency procedures, fostered ISE1, 0�"nrlir"atttie u),gy, I,o' he"ai! communications between project stakeholders, and a collaborative team leader who can motivate and coordinate a large project team to outstanding perforrnance. She is an active communicator with excellent interpersonal and relationship -building skills. Ite:yi aerr64 i 1 uf6: ";innal Expertise includes project management, team leadership, Section 106, CEQA, NEPA, ! .li ircrr" 0i [ rs California cultural resources regulations and procedures, Native American consultation, 'Irll? I)..°g+� a'imty P pp(fnwd project impact analysis, and resiliency planning. 18nw["IflE ( o my Ca•iI fto rl r" c.a.mr.ain View AIfot d,)bk- I Ir;nus fl;l 1°rolect, Like I:::oiest,. ("A A(f IrI6'rr 6pJ r['t Cultural Resources Director. The Project involved the demolition of an existing office o r,n" ty f, err I rid building located at 24551 Raymond Way and construct a 71-unit affordable housing A [J ")e,r 0".[J. apartment complex on the proposed 1.965-acre site. The developmentwill provide several recreational amenities, including an approximately 2,050-square-foot o,o ilr ",i MF iww( ur'," I w i.y community center, a small playground for young children, outdoor fireplace with foi N rr "pion tAfr 1'wfl ('cv seating areas, and large activity lawn. The Project required approval of a General Plan 'r""n e r>rn nlMoo r:c. e w,( f,r Amendment, Zone Change, Tentative Parcel Map, Site Development Permit, Affordable 6hr '",f t try fi, r 2 r,lilrar ii,iam Housing Agreement, and Planned Sign Program. The Project proposed to provide r.h"ia�o ofTy affordable units to households earning less than 60% of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. YSi` 80 9tlt Sri e'et 1'3"t Ri:clp rfly D"iylolurion Ptoj(,rr_, (dy of F%iItnd,-ilc, f A, Cultural Resources Director. The Project is to eliminate blight for the Project site, on a spot basis through property acquisition and clearance and demolition of the vacant, unsightly 1,715 square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Block Grant (CD6G) Program through IIUD. Environmental review was conducted to comply with CEQA and NEPA and all HUD rules and regulations that govern the environmental review process, as described in 24 CFR Part 58. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for HUD assisted Projects J4 CFR Part 58 and associated technical studies to assist the City in completing the Environmental Assessment analyzing the potential effects on the human environment. C Acy of Beaumont On (Illr Various. AB' S7 (:�eznrultario r<" BeAitov, rtt,. C'A Lead Archaeologist. Chambers Group has provided guidance and assistance with the Preparation of all required environmental impact documentation (including CEQA documents, Consistency Evaluations, Environmental Check Lists, etc.); preparation and/or peer review of technical environmental reports and analyses (GHG studies, traffic studies, noise studies, surveys, water supply assessments, etc.); participation and testimony in public meetings; and consultation on CFQA processes and requirements. City Council Est -rote,_ 7979 15— 134 A-29 vvwwt h i n�' ,,tf t, ) i.;.t;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency (_Aay Likes C.'a.rripg rNind MID, C ouncy i)f Saln Lei+gva, IGa'ay' Ctst.rrzt rah Aaterit.a, .pan Coiw�c County, CA Director of Cultural Resources. Sandra prepared the cultural resources section for the IS Checklist and associated CEQA notices. The project required coordination with the County of San Diego Parks and Recreation Department and the Boy Scouts of America to develop new camping facilities, a flag plaza, archery range, fire ring and amphitheater, zip -line, Camporee Field, and COPE course; renovate the existing restroom; construct a fenced storage facility; and complete minor road improvements. vaIIvy Cc me.�r Natrr uy Suaragk,, Z",errs f k.�n Power, , art I ieWx, Satin I)iepo C.ziuruty, C.A Lead Archaeologist. Oversaw all aspects of the cultural resources effort. Tasks included coordination with Native American monitors, fieldwork oversight and review of all deliverables. C..it:y ofaan 111vinanr ieniall ,titivices C_+aun act an p_1ieg>, �`,:A Project Manager for this contract, managing 29 of the 37 separate task orders awarded under the contract. The task orders included various tasks such as cultural resources and biological resources investigations, civil engineering, landscape restoration, and CEQA and NEPA permitting. C.,alrtic:aruIia Valley Snl.ar jkin .h CA, Sala Luis. 4.)Larstpa. and Kern C:c::ri-Irmft„ 4 A Sandra served as Principal Investigator to support the NEPA EA required for a loan guarantee from Department of Energy (DOE). CVSR included a proposed 2S0-MW solar photovoltaic (PV) power plant to be located on an approximately 4,/00-acre site and reconductoring of a 35-mile segment of the Morro tray -Midway transmission line of Pacific Gas and Electric (PG&E), which crosses both San Luis Obispo and Kern Counties. She conducted limited field studies pertaining to Lhe inadvertent discovery of a National Register of Historic Places (NRHP) eligible resource, prepared cultural resources reports, and oversaw the work of a cultural resource sub -consultant. Sandra also prepared the cultural resource section forthe EA, prepared and presented data to Native American Tribal contacts for the project, provided guidance on appropriate Tribal outreach, interacted with the California State Historic Preservation Office (SHPO) to ensure proper compliance for the EA process, and facilitated Native American Consultation. This project was given high accolades from the DOL project managers, with her comments focusing on the tribal consultation processes and outcomes. Willey Reservoir Bank [Ic*nir_csring,, Intperi al [itipr r i al C';ryunr_y, CA, Project Manager. Is overseeing all aspects of construction monitoring and permit compliance pertaining to cultural and paleonLDlDgical resources. This includes clienL in Leractions and guidance, courdina Lion of field crew and construction managers, and review of all field documentation. Ll f:.:armiuo, Fetal Wideniu} Sups(aax-t, C::arl had„ C.A Project Manager for Phase II and Phase III cultural resources studies for the City of Carlsbad, CA. While constructing the El Camino Real Widening project construction crews unearthed prehistoric artifacts, and human remains mixed in with modern refuse. Sandm's previous firm was hired to work with the San Luis Rey Band of Mission Indians to dcvclnp and execute a data recovery plan. The project lasted two years and employed eight archaeologists working full time. h1urui�sr.a p lills 9.rPr.,..IPj,c Pkn Arnencirmenc C+ o-irall Rnsc)oirc [nvesua�adon , Mklrrieca„ C;A Project Manager/Principal Investigator. Sandra oversaw cultural resources studies for this Project that involved environmental review and EIR preparation for an urban land development project and Specific Plan amendment. She oversaw the records search, tribal consultation, a comprehensive review of previous studies on the project site, intensive level field survey of nearly 1,000 acres, and preparation of a reporL and cultural resources LesUrig plan. The survey resulted in recordation of several newly discovered archaeological sites including petroglyphs, fertility symbols, and extensive lithic scatters. Sandra continued to lead the cultural resources effort with Phase II Evaluation studies to determine the significance of the sites. Her work on this project included extensive Native American consultation with the Pechanga Band of Luiseno Indians and tasks such as Traditional Cultural Property evaluations are on -going. While the contract was for CEQA support, all cultural resources deliverables were prepared to meet both CEQA and Section 106 requirements since 404 permits would be needed for the project. �Il�a.p„i City Council 15 — 135 7/6/2021 -_ EstA-30 -ro' 7979 r' vvwwL RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Phillip Carlos GIS Analyst ^Ft roi .¢ ra lihy, "r m,uma ran. nra•,-,p rI➢_J Phillip Carlos has five years of experience in the GIS field. His GIS expertise includes _ y' c aerial imagery analysis, spatial analyses of potential project impacts to biological g Y Ys P- Y P P 1 P- g resources, Incorporating field -collected GPS data Into GIs for report mapping and analysis, and natural resource mapping,. He is familiar with industry data standards and cartographic requirements to produce figures and maps for reports. He is proficient in his use of Esn's ArcGIS 10.X software including Desktop, Server, ArcGIS Online, Collector, and Survey123. He has regularly been part of a multidisciplinary team and is experienced in working with public agencies and on projects involving interagency coordination. .rr ,I 1 4 i Aa m n m^ Mfjirnt.ain View Affc rcl.ible I tc,i_rsiu'aati Cuininl.,mcy Frcalect Like I-orr sL, CA GIS Analyst. The Project involved the demolition of an existing ottice building located at 24551 Raymond Way and construct a 71-unit affordable housing apartment complex on the proposed 1.96S-acre site. The development will provide several recreational amrnitirs, including an approximately 7,050 square foot rommunity rentrr, a small playground for young children, outdoor fireplace with seating areas, and large activity lawn. The Project required approval of a General Plan Amendment, Zone Change, Tentative Parcel Map, Site Development Permit, Affordable Housing Agreement, and Planned Sign Program. The Project proposed to provide attordable units to households earning less than 60% of the Area Median Income, of which 12 of the units will be set aside for Permanent Supporting Housing. 38580 kh ,u r.er, Ease, Prop I ry Dernalk.ion V°I jf r..n:, d my ref I"alindile" C..A GIS Analyst. The Project is to eliminate blight forthe Project site, on a spot basis through property acquisition and clearance and demolition of the vacant, unsightly 1,715 square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Block Grant (CDBG) Program through HUD. Lnvironmental review was conducted to comply with CEQA and NEPA and all HUD rules and regulations that govern the environmental review process, as described in 24 CFR Part 58. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for HUD -assisted Projects 24 CFR Part 58 and associated technical studies to assist the City in completing the Environmental Assessment analyzing the potential effects on the human environment. 3S )A (...)Uxy Lakes d antlA,tir',n�au<I, E,:.)y S,f.uiats eJ Anieric.% San Diefo C; r: runty. (,'A GIS Analyst. Chambers Group performed cultural resources technical study for the development of an EIR for a campground development in Otay Mesa. Conducted a desktop analysis, led archaeological survey, recorded new sites and submitted DPR Site Forms, and prepared cultural resources report following CEQA and San Diego County guidelines. EOA-I El -A (or Willey Key crvok Brink St;al illzariOn I'rojccc, Impaa=.riall lII igption V iIArict, m Diegc, C.omay, CA GIS Analyst. Managed GIS for the preparation of the IS/MND and associated technical studies for the project; additionally, Chambers Group prepared the 401, 404 permit City Council 15 — 136 7/6/2021 Est A-31 -ro' 7979 r' vvwwa RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency dpplicd Lion and 1602 noLificd Lion IeLLer. The ProjecL involves Lhe SLabilica Lion of S2S linear feel of Lhe ernbdnl(1nenL separating the New River from Willey Reservoir. Iirw Vtrjrriru't I ➢nrtir anf➢ Iko',,c rY� it ('..h tnc)ut I'r-olc�c t, V'hash II, f" onu+)r in;�, t��ourtr_y of I os Artyi Ius, `ziArrl,t.nc➢, l r]5. Antr_a•y (:otriuy, r�.A GIS Analyst. Phillip managed GIS databases, and supported riparian habitat in the 200-acre mitigation bank for LACPW. mapping of the revegetation enhancement of upland and The revegetation components of the master plan included the restoration of existing riparian habitat by removing exotic plant species and revegetating with native plant SpeoeS. V'1.aLrrleIw to 4'(jra•.c,aI L)(_vfAoptnutlt, Slitr(',uI r1w ble_Irr,rxrl. LI (:, San �'Ie.rrretrr+., i. ramp (:ounry, (..,A GIS Analyst. Supported team with mapping for protocol -level focused surveys and nest monitoring for coastal California gnatcatcher during the breeding season. Mapped active coastal California gnatcatcher nests at various stages and the buffer/foraging area during vegetation removal in the vicinity. I kd.-icr I Repruwcr Vlroject lS/ram ,JD, Ce..auni::y +,( lrrrr>eri.nV, f:::.A GIS Analyst. Chambers Group scope includes the preparation and submittal of forms associated with an Imperial County Conditional Use Permit (CUP), preparation of technical studies, and document preparation and noticing in compliance with the CEAQ. )perallons and I Vairrren,afrc:e, Major Rr caflccr_s and IRcstnration Krite r Scr vic e. A re., ntc,nt, .`'. DI.I&L. Saln I....hi _tgi;, f...A. GIS Analyst. Chambers Group performs Environmental reviews and releases, record searches, cultural resource surveys and reporting, subsurface testing and construction monitoring to help meet project goals for this MSA. Phillip supports the team as a 6I5 Analyst. I r Uckh.,we rr G or:Iuuruml E rr oi.itoiy VVr.Jjs I_A/Mr,,ID, r rIImt I cr. Iuu k_Tgrr r,, lnc., lnipcn t d (,ounty, (,:A GIS Analyst. Chambers Group contracted with Imperial County to prepare an IS/MND for the Truckhaven Geothermal Exploratory Wells Project in accordance with CEQA. Portions of the Project are located on land managed by the U.S. Bureau of Land Management (f3LM), therefore, there is a federal nexus for the Project. Chambers Group k also contracted through Ormat Technologies, Inc. to prepare the NEPA document (Environmental Assessment) for the Project. V'o(cnual VVell Sites lnves:0gar;ion JLQ& Lake Arreaw✓head C:+.'Anniurtity ,.Vc r vi�.es District. Ti+a water In. , Lake Arrowhead) Sill I;ernardino County) L:.:A A draft IS was prepared to analyze the environmental impacts of the construction and operation of the wells in five locations within the District's service area. Recommendations were also provided to provide further analysis on impacts to biological resources, cultural resources, noise, and Tribal Cultural resources. City Council Est -rofr,_ 7979 15— 137 A-32 vvwwLh nk' ,,rr L, ) 11 L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Greg Tonkovich, AICP, INCE Air Quality, GI -IC $. Noise Impacts I I, I I n_ I a nil , 1 rr[,A I n1}tr orring, Greg Tonkovich has over 17 years of air quality and noise analysis experience. Fie lh',Iva r;Ry r (.dlli.rnia specializes in air quality and noise irnpact analyses for governmental agencies and the Nr) I,it11 ❑„1 r t,(, opt, =,,f, business community and has completed nurnerous corriplex air and noise studies that Ilnl,n r titq III', a¢hc(n i, !htomi.) conform to both CEC)A and NEPA requirements. Llys up r d,I smith r Ie,,dl l ng I, h1,1f11U. NI 11 rr-p ulalinn: II mp.h !ae nnm1�?itna )Dion nr•es City Council Est W' 7979 Greg; s air quality analysis experience II ICludes global Cllrnate change analyses arid health risk assessrnents. He i-c proficient in utilizing CaIEEMod, CALINE4, ISCST3, AERIVIOD, EMI AC2017, and CJffRoad2o17 models, in order to quantify erissions irrlpacts as well as to assess the efficacy of proposed mitigation. Greg is also experienced in noise analyses and is proficient in utilizing FHWA Traffic Noise Model (TNM), FI-IWA Roadway Construction Noise Model (RCNM), FAA Integrated Noise Model (INIVQ, and SounciPlan. In addition, he has created and irnpiernented a noise program based on the FFIWA-RD-77-108 Standard. Through the use of the shuve rnodeis he is able to efficiently determine noise irnpact, to nearby sensitive land uses and assess the efficacy of proposed mitigation. He has successfully run arl erlVII-Ol'unental COnSLII11ng business for over 1S years and has been responsible in rrlanaging cosf:L, scheduling, and accounting. Greg has a prover) record of preparing air quality arid noise impact analyses to successful cornpletion. During his 17+ year career he has prepared more than 500 environmental documents With a 100 percent success rate. He is BxperiencE!d in a widE! range of project types, including residential, Ccrnrrlercial, industrial, and recreational projects as well as public projects that include specific plans and general plans. He has experience in preparing studies to specific standards and formats such as Callrans Air Quality and IVoise Study Reports and NEPA Environmental Asessment; and has completed air quality and/or noise analyses in over 200 different local jurisdictions throughout California. Y9,n1,Q li v ",c ,PI, , ,P Intloiintain View Afir,rd;)1 C I KAINilIg <, A)Mnwniiy Lalee I eau m, (.A Prepared air quality, GHG emissions, and noise initial study sections, provided assistance on the associated NEPA sections for HUD approval, and peer reviewed the air quality analysis, GHG emissions analysis, and noise analysis for the development of 71 apartment homes with a community center. '18980 9[h [reef Fast Rrrip-L�rty Dnrtunliti<an F"I<;Inr-t_, 0{y of Pn r.6[c:, (71, Prepared air quality, GHG emissions, and noise initial study sections, and provided assistance on the associated NEPA sections. The Project is to eliminate blight for the Project site, on a spot basis through property acquisition and clearance and demolition of the vacant, unsightly 1,715 square foot building, associated parking lot and paved walkways. The Project site is situated in a central part of the City of Palmdale. The Project is funded by the Community Development Block Grant (CDBG) Program through HUD. Environmental review was conducted to comply with CEQA and NEPA and all HUD rules and regulations that govern the environmental review process, as described in 24 CFR Part 58. Chambers Group conducted the Environmental Assessment Determinations and Compliance Findings for I IUD assisted Projects 24 CFR Part 58 and associated technical studies to assist the City in completing the Environmental Assessment analyzing the potential effects on the human environment. 15 — 138 7/6/2021 A-33 VVWW ( Il I III , Iu h 1 II L. 1111 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Dud ,cy yrp ryet; V''l+r ri-I AICYr..y h'rraj f.�c r, P JCrc_ii Prepared an air quality, energy, and GHG emissions impact analysis and a noise impact analysis for the development of 152 townhomes at 1440 Murchison Avenue. The air quality, energy and GHG report analyzed the regional construction and operational air emissions with the CalEEMod model and utilized the SCAQMD Look -Up Tables for the localized analysis. The analysis found that with adherence to State and SCAQMD regulations that air quality, energy and GHG impacts would be less than significant. The noise report analyzed construction noise levels with the FHWA RCNM, utilized the FHWA-RD-77-IDS model to analyze the offsito roadway noise impacts from the project and utilized the Sound Plan model to analyze the Freeway noise impacts to the proposed townhomes. The analysis found through implementation of Project Design Features that included sound walls and upgraded windows and doors that noise and vibration impacts would be less than significant. A,rffim,our. V iunringron Be:m h .0 I dirij;ci Pi ojc(t, V ii_rnrirLgr rl G�,ac Cn, CA Prepared an air quality and global climate change impact analysis for the development of four story residential apartment building with S10 units, a central five story parking structure and amenities located on an S.S acres at Edinger Avenue and Gothard Street that is within the Beach and Edinger Corridors Specific Plan (SECSP). I he analysis utilized CalEEMod to analyze the project's regional criteria pollutant and GHG emissions and SCAQMD's Mass Rate LST Look- up Tables Lo analyze Lhe projec Cs local criteria pollul-ani- impacts from construction acLivi Lies. WiLh implementation of the required air quality and GHG mitigation measures provided in the BECSP, no significant construction or operational impacts were found. "JW;a hint tcarr Avenue Lear. Well & Facility Project, Santa lama, CA Prepared an air quality and GHG emissions analysis and a noise impact analysis for the development of a water well, well building and chemical building located on the northwest corner of Penn Way and Washington Avenue. The air quality and GHG report analyzed the regional construction and operational criteria pollutant and GHG emissions with the CalEEMod model and utilized the SCAQMD Look -Up Tables for the localized analysis. The analysis found that the project would result in less than significant air quality or GHG emissions impacts. The noise report analyzed construction noise levels with the SoundPlon model that utilized reference noise measurements taken during active well construction activities and from the FI IWA's Road Construction Noise Model (RCNM). The noise modeling found that there would be a significant noise impact during the well drilling phase of construction and the proposed mitigation of a minimum 8-foot high wall around the project site was quantified with the Sound Plan model, which showed the mitigation was adequate to reduce construction noise to within City noise standards. 13 13A ur rC str"(r t V nt'S Sr irU)rl ..zr'dal@.� r ;aal"lt7 Aria. d.....-. Prepared an air quality, energy, and GHG emissions analysis and a noise impact analysis for the development of a gas s La Lion wiLh eight fueling positions and a 3,04S square fool- convenience sLore. The air quality and GHG report analyzed the regional construction and operational criteria pollutant and GHG emissions with the CalEEMod model and utilized the CAPCOA Gas Station Guidelines to calculate the VOC emissions created from the transfer and dispensing of gasoline. The SCAQMD Look -Up Tables were utilized for the localized analysis and the SCAQMD's Risk Tool V1.103 was utilized to calculate the cancer risk from gasoline dispensing activities at the nearby homes. The analysis found that the project would result in less than significant air quality, energy or GHG emissions impacts. The noise report analyzed construction noise levels with the FHWA RCNM, utilized the FHWA-RD-77-108 model to analyze operational vehicular noise and utilized reference noise measurements of similar gas station facilities and typical noise propagation rates to analyze noise impacts from the proposed project to the nearby homes. A significant nighttime noise impact was found to be created by the proposed air/water machine and mitigation was provided that restricted the operation of the Air/Water machine during the nighttime noise sensitive hours of 10 p.m. to 7 a.m. In addition, the noise analysis analyzed construction and operation -related vibration impacts, which found that the proposed pile driving during construction would create a significant vibration impact. Mitigation was provided that required the use of sonic pile drivers. City Council Est -rofr,_ 7979 15— 139 A-34 vvww L iL i I� , ,,u r, ) i.;.r;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Norman Eke, CAC Geote.chnical Environmental Assessments I Senior Vice President I . r�r., a 4, . I „, .+aI r.y, J,,I,._ li/a, I iknml .In"z.as, in✓rr,mR irf i S;hj r,; Lrrpl"A,, Jirivol ityof V uhfiruiiu �, _"�iot�B.ai Mara, r.,l(rJ5Hnn hr,„In$ m r,n ,"" [anh Pfaff 'b(r-loy33 IPI 0',11 "SJ 1_a 1 11D:. I r I, rtgr (W I10,.r Ir1)I IA ufr Ly f c_rin rigY r1 HOW aJ "'HA ria' A ilr„rrj!],ft4 AIIRu 1v101 A,Jiq .Lor., finI.,rk61, rtr�Y2, rM1 r11 bust tr Ei r ,',eons , If F3 I Xx omrnumr A r. 116,1 In:tt;in(, It ;J�,. I,etory li"tin,acnran lr of oaaaidl", Ell rtlrm'i,>,I•, il,i,la mtvp US: N�"rh v ial", 6m'n ,r(rr�m'r�nnt R(II,H r",f"aT.Bi u o i' , 1 r'm Bihia„tl orr ur tw ,;;:r arh Phtrrn Xli".r rcIBVn:e• M1l� n r ,t*ror oenh u niYo jrGaire m^ I^K riovtBiio{; 14 l,rrr •.,., aing 1, ian,ndcrw"ttav A "P,t" rnr•nt l;< t�/�or,lro�riarg ilr,,rllii and ", tf'�fiy r r"m f7lia na,e iRvhi ,Ji 3 OyYwln, tax All Cbc lity 1111retill ("I Moll,tol Ong MrIrr"rnr A ,n„m rt kic Ihviu uia Lr• ignr I'ir r-;p I ds I i mrirnnir a�nhal 'AIP A,,bo",mrvir"s Norman Eke is the Senior Vice President and Managing Officer of Converse's California Environmental offices. Norman has served as the Principal -in -Charge and Contract Administrator to deliver services to various Federal, State, Municipal, Financial, Utility, Educational, Transportation and Private clients. Norman has 31 years of experience in the fields of Environmental Due Diligence including Initial Site Assessments, Phase I and Phase II Environmental Site Assessments, Asbestos/Lead-base Paint/Fungal Surveys and Specifications; Abatement Mnnitnring, Preliminary Endangerment Assessments and associated Supplemental Site Investigations and Removal Action Work Plans/lmplemenLa lion, various forms or Remediation, Human Health Risk Assessment, and NPDES Perm itting/Stormwater Management, Methane Assessment/ Monitoring/Design and Indoor Air Quality. Norman has been with Converse for 30 years. Norman is a Certified Asbestos Consultant. He has completed and managed asbestos surveys, abatement specifications and abatement monitoring projects for a wide variety of clientele on large and small projects. Many of the projects he has completed have been done on expedited schedules and in many cases under emergency response scenarios. Norman has Transportation project experience with completing Initial Site Assessments (ISAs), Phase I and II Environmental Site Assessments (ESA), asbestos surveys, and specifications in various formats. Work has been completed for Las Angeles County Metropolitan Transportation Authority (Metro) an various alignments, Orange County Transportation Authority (OCTA), San Bernardino Express (SBX) upgrades, Riverside Transit Authority's Vine Street Mobility Hub and Riverside County Transportation Commission's (RCTC) Mid -County Parkway. Norman has provided consulting services to various public works and econornic development departments within Los Angeles, Orange, Riverside and San Bernardino Counties. As well as numerous cities including Los Angeles, Long Beach, Pasadena, Burbank, Norwalk, Vernon, Riverside, San Bernardino, Placentia, and Irvine and various private owners and civil engineering firms. He has provided consultation directly to School Districts, Community College Districts and Universities, which include Los Angeles County Office of Education, Los Angeles Community College District, Rancho Santlago Community College District, San Jacinto Community College District, Corona -Norco Unified School District, Las Angeles Unified School District, Long Beach Unified School District, San Bernardino City Unified School District, Desert Sands Unified School District, and Irvine Unified School District. Norman is a former Officer and current member within ASIM Committee LSO for Environmental Assessment, Risk Management and Corrective Action (Mernbership Secretary (2017) and was Subcommittee Chairman for the ASIM E50.02 Real Estate Assessment and Management Sub Committee, which includes standards for Phase I & LIP�o.ro,�lr�� City Council Est 7979 r, 15 — 140 A-3S vvww )1� , u ), r 11 L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency ,, dig, , .• ed >: II Envirronmenlel Sites AssessrnenLS, Vapor Encroachment, Building Energy Efficiency lair rnim uy and Fungal (2008to 2016). !� , a�•.• u,a��rae: Phase I Environmental Site Assessments (Phase I ESA) - Completed and managed Phase Ih r,Iro4it'I(r r,i,rl Iv>rK [INPI A I ESAs for EPA Brownfield Grantees, hanks, cities, developers and school districts_ Sites assessed have included heavy industrial, light industrial, landfills, shopping malls, „t ry A(� nr_y a sig r schools/universities, hospitals, office buildings, parks, agricultural operations, u .r A ac .rnb �rhs residential, and undeveloped land, including related Initial Site assessments (ISAs) for Caltrans projects. Norman is actively involved with the ASTM E50,02 Task Group for the lif;rrrnral Ar i nnr, s,C Wru ASTM1527 Standard for Phase I ESAs and co-authored an ASTM Published Technical V `iias; Manual on this Standard. It. iouu,hnr ,D Phase 11 Environmental Site Assessments (Phase 11 ESAs) - In conjunction with "rri�rr„nrit.r l'u a„lie, r� Professional Geologists and Engineers, Norman has completed Phase II ESA scope of Iir yr fiord„n I'L)ns services throughout California, Nevada, Arizona, Washington, and Oregon. He was active in the revising of the ASTM Standard for Phase II ESAs and co-authored an ASTM Published Technical Manual on this Standard. RM m l nip 6l'> II Rll SVD Preliminary Endangerment Assessments and Removal Actions -Norman was Principal a. norovrtifu:urr iar� in Charge. for Preliminary Endangerment Assessments (PEA), Supplemental Site nWr iry�nnnr,nt•r A ,sr • rrrntnt, Investigations (SSIs) and Removal Actions. Work has also included the generation of PEA Iir, A0 ,{�i irr ^irt end Workplans, Conceptual Site Models, Human Health Risk Assessments (HHRA) and final tl",r7rrstCt'itr.�rf n,�h (frti,i ir��� i% PEA reports. Work has been approved by the EPA Brownfields Unit, Department of ' •erii armim rfrr e r haiiirt �n Toxic Substances Control, Regional Water Quality Control Board and various Certified �rrLo- . zoi�y Unified Program Agencies. Asbestos, Lead -Based Paint (LBP) and Fungal Surveys/Abatement Monitoring/Clearance Sampling - Completed and managed asbestos, _BP and fungal projects in conjunction with Certified Site Surveillance Technicians and CDPH Certified Lead Professionals to complete surveys, abatement specifications and abatement monitoring projects on public works projects, hospitals, hotels, schools/universities, retail shopping malls and commercial offices. Current with pending South Coast Air Quality Management District changes to Rule 1403. Methane Assessment, Monitoring and Remedial Design - Provided methane assessment to developers in accordance with City of Los Angeles City Building and Safety Department. Monitoring Services have been completed for the Los Angeles Unified School District at RFK High School and Roybal Learning Center, Landfill Gas Monitoring, for the Los Angeles County CEOs Office design and installation of methane mitigation systems on low-rise residential buildings in Downtown Los Angeles, clean closure of Canyon Park Hog Ranch. Remediation - Completed and managed dig and haul, soil vapor extraction, air sparge, pump and treat remediation projects. Storm Water Pollution Prevention Plans (SWPPPs) and Monitoring - Assisted and was the Principal -in -Charge for the preparation of SWPPPs for military, educational, commercial, transportation and residential construction sites in conjunction with Qualified Storrnwater Developers and Practitioners. ." '" ,r_:'N" '6 "., ASTM International Manual, Technical Aspects of Phase 1/II Environmental Site Assessments 3rd Edition, 201S. City Council 15 — 141 7/6/2021 -_ C;'f A-36 "'oi"_7979 r, vvww� (1 i.; corn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Laura A. Tanaka, CAC, Lead Certified Principal Environmental Scientist I ,, r • *,, ,, i* c,,,.. R,,, I,I I, �S,, r. I I I(, (TIH Idle Pg T[YIf, hit, I n.v,,r Ay, I° nYI nYa, 19t4/ 1°IIIAAI,-I rit AI r I)L,II Ica d1 •r,. Ito/n .. r, q, rt M I, r and C) nc�r, ra, I- srP,,5, Adrnld,,rw,t(' lrrtiri ,,riwf is rh Its. or Ih krIArJ, r rTAX, ,nd Pditon XflF Jc,dccc LA .''. �� Laura Tanaka has 29 years of wide ranging and diverse experience in environmental consulting and management. "H rv�LP"+P;1 G ..4' , nI, Laura's experience includes: Phase I and II Environmental Site Assessments — Laura has completed and/or supervised thousands of Phase I and 11 pre -acquisition site assessments in CA, AZ, OR, NM and WA. Properties assessed have included residential, commercial, and industrial uses, as well as undeveloped land consisting of hundreds to thousands of acres. Preliminary Endangerment Assessments — Generated scoping documents, completed field work, and report generation for various PEAS. In addition, Laura has also provided project management and field support for Supplemental Site Investigations and Removal Action Workplans for local school districts. nit rtourl,.rA Asbestos, Lead -base Paint, & Mold Services — She has performed surveys and ,frffrf,: abatement monitoring services for municipalities, financial institutions, property management companies, school districts, and the U.S. Navy. Laura has also conducted asbestos and mold awareness training classes. Third Party Reviews & Consultation — Laura routinely reviews documents/reports for clients and provides comments on the appropriateness of the due diligence and recummendatiuns. Est -rW' 7979 Project Management— Experienced managing projects that have timeframes as little as two days to as long as four to five years. Also includes responding to emergency projects. Other experience includes hazardous material audits, completing business plans, SCAQMD permitting, supervising hazardous material pickups and maintaining hazardous materials databases. Regulatory Agency Experience — Laura has project management experience working with regulatory agencies which include the Department of Toxic Substances Control, Regional Water Quality Control Boards, Air Pollution Control Districts including the South Coast Air Quality Management District, as well as local county agencies such as the Orange County Health Care Agency and Los Angeles County, Department of Public Works, and agencies located in central and northern California. Laura was instrumental in the development of the Converse's standard report and proposal formats for Phase I and II ESAs, Transaction Screens, Asbestos, Lead, and Fungal assessments, which has been implemented throughout the corporation. Laura also developed and implemented the use of various report checklists and spreadsheeLs for consistency in the QA/QC report review process and project budgeting. She is currently responsible for the day to day activities of the Costa Mesa environmental office and She is also the client manager of some of Converse's established public and private clients. PlUl:c 1 Anti 11 JrtvurnurmertIAl SIt e ents Laura has conducted and managed thousands of Phase I and II ESAs, and Transaction Screen Process (TSP) reports for a variety of clients and properties. She has assessed a variety of orooerties. including agricultural, residential. commercial, and industrial City Council A-37 15 — 142 7/6/2021 -. vvww 1 it I II I ,,u 1, I I.;.l;orn RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency properties. Proper Lies under assessment have been Iota Led in vdriouS counties in Califumia frorn Sacramento County to San Diego County. Laura has also completed assessments and audits in the states of Arizona, Oregon, New Mexico, and Washington. Laura's Phase I and II experience includes: • Completed and managed Phase I ESAs on residential and light industrial properties for inclusion in an Environmental Impact Report regarding a master development plan for a private university. • Properties assessed have included parcels as small as temporary construction easements to undeveloped land as large as 3,000 acres. Unique properties that have been assessed by Laura have included a football stadium for a private university in the city of Los Angeles; a research facility and residential complex on an island off the mast of California; an art museum in the city of Pasadena; and a lake in San Bernardino County. • Corridor and area studies for transportation authorities, municipalities and a private university. Laura has assessed over 100 miles of corridors for utility and transportation planning, including Metro Rail Red Line, Metropolitan Water District Inland Feeder Project and Reclaimed Water Pipeline, and "Rails to Trails' projects. She has also assessed over 3-miles of a railroad alignment and easements in Orange County, and multiple city blocks occupied by residential and commercial properties and medical facilities/hospitals. Subsequent Phase II activities identified elevated levels of total petroleum hydrocarbons and metals in the soil along the railroad alignment due to historical property uses. Subsequent remedial efforts have included the excavation and disposal of arsenic and lead impacted soil, as well as asbestos debris. • Managrmrnt experience has included identification and assessment of histnrical dump areas (including hurn-ash), abandoned oil wells, historical agricultural uses, historical underground storage tanks, dry cleaning facilities and industrial uses_ In addition to drilling and sampling experience, Laura's Phase II work has also included the management of geophysical surveys to locate utilities, oil wells and underground storage tanks. Laura's Phase II experience includes the generation of proposals which comply with DTSC PEA sampling protocols; drilling and sampling soil and groundwater and soil gas surveys using tracer gases. Chemicals of concern that have been assessed include hydrocarbons, solvents and other volatile organic compounds, semi -volatile compounds, metals inrluding hpxavalpnt rhromi im, PCBs, and ashpstns. City Council Est -rW' 7979 15 — 143 A-38 vvww L iL i I� , u L, ) i.;.L;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Michael Van Fleet, PG, QSD Senior Geologist I re. , , .,, P o i , 0 Michael Van fleet has 19 years of experience working as a geologist in the States of artIi S+ n�na ��;,-,niv+�� ;ity California and Washington. He has experience in conducting Environmental Site «s,i r (r ➢'a')9 Assessments (ESAs) for educational, municipal, industrial, commercial, and residential v ri 6 -^ �- I,, sites. He has experience preparing workplans to outline investigative activities such as .i+:�..+. ., Preliminary Environmental Assessments (PEA), as well as Remedial Action Workplans r ,ahfii.ril '), lllofe,,.,❑tei (RAWs) to outline remediation/mitigation activities. Additionally, he has experience o r-rdr�;t.r (•Ica is!r;°y related to the development and implementation of Stormwater Pollution Prevention VV,lr mngfr,ir, -u,al Plans (SWPPPs). r ra dr �Gq�:r Nor r'IW Field experience relating to environmental investigations and remediation includes the QI; ,6h.Pd °,ravinrmater collection of soil, soil vapor, ambient air, and groundwater samples, installation of Lr+wr,op"f No f'BI "9 groundwater and soil vapor monitoring wells, remedial extraction and injection wells, preparation of boring logs in accordance with USCS methods, waste stream management, and evaluation of Best Management Practices (BMPs) at construction Hv rrrrrrnu.irt.r ^,etc site,. He also has experience in the design, operation and maintenance of soil vapor and groundwater remediation systems and methane/gas mitigation systems. •aul/,m,ilVlmr,r,i/tnrCl,,iriumirBiP �,v.�,r'.,v'.11 v„p,,,=n ,vc. li c,i plr rii,o jip + Project experience includes municipal and private clients and various activities at ,llrti n.o p7r I/ nrJlill r,�ar, multiple sites. Projects indudc M t Participated in multiple phases of site assessment and remediation activities for the evaluation, investigation, and remediation of new schools for the LAUSD. Activities I'ir v�ipr,v''r included the review of Phase I ESA reports, preparation of PEA seeping documents, p" r ,�. it�hna or° r I1i•,rr. °qii i° mt conducting soil, soil gas, and groundwater sampling activities, preparation of PEA and �c Mrmllorir,(,= Phase 11 ESA reports and RAWs, oversight of contractor's remedial activities, and interaction with regulatory agrncirs. Multiple assessments were conducted in San lose tar a client related to their purchase of a shopping center. Activities included the collection of soil, soil vapor, groundwater, and Indoor air samples to evaluate the site for Impacts from past auto repair and dry cleaning activities, as well as conducting a pilot test to evaluate soil vapor extraction (SVE) as a potential remedial technology. Activities necessary to delineate the extent of contamination and develop a cost estimate for necessary remedial activities were completed within the original due -diligence period to allow the client to negotiate an appropriate reduction in the purchase price of the property. Responsibilities included the development of workplans, permitting and coordination with various agencies, oversight or drilling and well installation activities, sample collection, operation of a SVE system, preparation of boring logs, report writing, budget estimating and tracking, and project management- * Collecting soil and soil gas samples from beneath numerous dry cleaning facilities in Los Angeles, Orange, San Bernardino, San Diego, Sacramento, Santa Clara, and Ventura Counties, to evaluate for potential impacts from use of various solvents. Upon identifying impacted soil, he assisted in preparing human health risk assessments, as well as developing and implementing remedial workplans. He oversaw the installation and sampling of numerous groundwater monitoring, soil vapor extraction, and air sparge wells, and managed the operation, maintenance, and evaluation of remediation systems. Activities were generally conducted under the oversight of the Regional Water City Council 15 — 144 7/6/2021 A-39 -_ C;'f -rW' 7979 r' vvww� RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Quality Control Board or in coordination with Lhe local counLy's environmental health depar LrrlenL. • Identified the presence of an Underground Storage Tank (UST) during assessment activities at a site in the City of Bell. Oversaw staff and contractor activities to evaluate the contents, determine the dimensions through geophysical survey methods, remove the tank under a permit obtain for the Los Angeles Fire Department, evaluate the underlying soil for potential impacts, and site restoration, • Conducted assessment of methane impacted soil at a proposed school site in San Diego. The source and extents of impact were identified through various sampling events, and a range of analytical methods. Assessment activities were conducted under the oversight of the Department of Toxic: Suhstances Control (DTSC). • Coordinated erergency response actions for various public and private clients in southern California. He provided emergency response services when it was reported that buried features (tanks, clarifiers, sumps) and/or materials were encountered during construction/investigation activities. He worked with appropriate regulatory agencies and nhtainpd permits as neressary, oversaw contractor artivities, rollected samples to evaluate for cnntaminatinn in remaining soils, and prepared requests for regulatory closure. • Evaluated analytical data related to soil and water waste to be exported from numerous project sites, and prepared reports comparing these results to appllcable local, State, Federal, and site -specific standards. • Oversaw remedial activities associated with redevelopment of the Rialto Municipal Airport. Supervised field staff overseeing contractor activities to verify compliance with the Cleanup Plan. Work included the removal and disposal of impacted soil, evaluation of import fill material, and oversight of excavation backfill. Activities were conducted under the oversight of the Regional Water Quality Control Board. City Council Est -rW' 7979 15 — 145 A-40 vvwwL iL i n�' ,,rf L, ) I L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Richard Barretto, PE principal R,e i,nl En nanr;•, ,7m�re r.ity of (.atlornci, inner Richard E. Barretto has over 30 years of experience in the preparation of transportation planning analysis, traffic impact studies for a variety of land uses, parking studies, parking management plans, transportation improvement plans, signing and striping plans, traffic signal design, site access and operational plans and traffic control plans. Richard also has experience in preparing Vehicle Miles Traveled (VMT) analyses for a variety of land uses. He is a licensed Traffic Engineer in the state of California. In 1n,in nr�11r,�, 1,+"canon addition, Richard is the Principal -in -charge for providing on -call traffic and [np;transportation engineering consultation services in response to requests/requirements U,:,ce of the City of Dana Point, City of Chino Hills, and City of San Juan Capistrano. r)r IF( ,r.,,.^ 1, r ,a' �r, 4th pc M ?rrarner V"i«flFct, S;aiu,n / �n:.1, C. A. n "in Fore __ w �,snr� i,acc Prepared a traffic impact analysis report for the 4th & Mortimer Project. The Project Are lysr: K, I[> (I, included the development of 169 apartment units and 11,361 SF of retail/commercial 1r,r port" a,,, H (a rnr ;,,nd 's to floor area. The traffic study evaluated the proposed Project's near -term and long-term "u rdr11r, traffic impacts at six key study intersections and also included analysis for site access. A nnnr, r0 ,xP )I"u j; rrsrnanJ VMT screening assessment was also competed to rvaluate the Project hosed on SR743 requirements consistent with OPR and the City of Santa Ana CEOA VMT Analysis rr,r,r ai�twd 1�ru �.r, guidelines. r°rri:�aration r."II and I^ ar4 n;, -Iel 1' nulls; Hi c. Americai i H,17a — `i d ( + Ma.Iri Fi rlla cc, Santa An(d, (A 1 Prepared a traffic impact analysis report for the First American Plaza — 4th + Main r�afsh-a-onrrol Project. I he Project included the development of 220 DU apartment units and 12,350 ;,,,ninK n,i ,rri�„r, P1an5 SF of retail/commercial floor area. The traffic study evaluated the proposed Project's ro sc1"a, 11,1 ",,,; near -term and Tong -term traffic impacts at nine key study intersections and also r +,nr,r,y included analysis for site access and internal circulation. I hei Met at S-olah d .ryaSt Project, Spa a Avm, C:A Principal Engineer for the Traffic Impact Analysis Report for The Met at South Coast Project, located in the City of Santa Ana. The project is a podium style, 303-unit multi- family apartment development on a 3.1-acre parcel located at 200 East First American Way in the MacArthur Place District Center. The traffic study evaluated the proposed Project's potential near -term and long-term traffic impacts at 16 key study intersections and 16 key roadway segments, provided recommendations to improve site access and internal circulation and evaluated the proposed Project's parking needs. LLG worked closelywith City staff and the EIR consultant during the preparation of the Traffic Report and throughout the approval process. I tlissic7n Inn 1f�jrel, SM) Juan (alzisrhtno, ("A Principal Engineer for the Traffic Impact Analysis Report for the Mission Inn Hotel, San Juan Capistrano project, in the City of San Juan Capistrano. The analyses included utilizing the ICU Methodology, HCM Methodolugy and V/C Methodolugy. It also included utilizing Synchro software for signal coordination analysis for closely spaced intersections along Ortega Highway. LLG worked closely with City staff, as well as the developer and EIR consultant during the preparation of the Traffic Study. LLG worked closely with City staff, as well as the EIR consultant during the preparation of the Traffic Study. City Council 15 — 146 7/6/2021 Est A-41 -ro' 7979 r' vvww� RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Kimarr u I torbJ 4. nl�i,runncr. S,m luau 4 .elziscr,i.no. (:::A Principal Engineer for Traffic Impact Analysis Report for the I(impton Hotel Capistrano, San Juan Capistrano project, in the City of San Juan Capistrano. The analyses included utilizing the ICU Methodology, HCM Methodology and V/C Methodology. Additionally, conducted an Operations Assessment at the intersection of Camino Capistrano at Forster Street. It also included utilizing Synchro software for signal coordination analysis for closely spaced intersections on Ortega Highway and Del Obispo Street. LLG worked closely with City staff, as well as the EIR consultant during the preparation of the Traffic Study. City Council Est -roar,_ 7979 15 — 147 A-42 vvwwi n�' ,,uf ), ) i.;.�;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Daniel A. Kloos, PE Associate Principal I rt,e i,nlr, nanr;•, v'm�re r.ity of - Daniel A. Kloos is a licensed Traffic Engineer in the state of California. He earned his (_atle>rncr, loon" Bachelor of Science in Civil Engineering from the University of California, Irvine and has over 20 years of experience working on traffic engineering projects throughout the Southern California region. Daniel has extensive experience in the preparation of traffic 14f"''0"r1pn "``°Yai impact studies to support the environmental process for a variety of land uses, site access and operational plans, parking studies and parking management plans. He also in,in n. of it "�" i,+" tanore has experience in preparing Vehicle Miles Traveled (VMT) analyses for a variety of land [np; uses. In addition, he currently provides on -call traffic and transportation engineering o�Te� consultation services to the City of Anaheim, the City of Dana Point, and the City of Long Beach. His expertise in traffic engineering helps LLG continue its tradition of excellence in the region. l i.�Ifls Irnp u r An ilyr is Rr p„res I i u iaort �o rn� NI �nniuy; ,rr d',Ite �.^ q;u r,pi • ull dipn I rr -.l .)tlrr.r'I, V isrtrrl� A4(Aa r"llZZv 111,3 Prof r L, ,,Inta Awi, .CA nil ,,,r .�,� r „u „❑ oY"*,:,",d Prepared a traffic impact analysis report for the First Street Family Apartments Project, hun9iet which consists of a 69-unit apartment complex located at 1440 East First Street in the City of Santa Ana, California. Thr traffic study evaluated the proposed Projert's near - term and long-term traffic impacts at four key study intersections and also included Muir ar,ra i,rLi �;iicLi ^.��,.I ¢>s analysis for site access and internal circulation, including a project gate stacking analysis. LLG worked closely with City staff and the EIR consultant during the preparation of the i Traffic Impact Analysis Report and throughout the approval process. I he Met at, Suuo ,`r Cu.,-is( S:fnca Ana, CA Prepared a Traffic Impact Analysis Report for The Met at South Coast Project, located in the City of Santa Ana. The project is a podium style, 303-unit multi -family apartment development on a 31-acre parcel located at 200 East First American Way in the MacArthur Place District Center. The traffic study evaluated the proposed Project's potential near -teen and long-term traffic impacts at 16 key study intersections and 16 key roadway segments, provided recommendations to improve site access and internal circulation and evaluated the proposed Project's parking needs. LLG worked closelywith City staff and the EIR consultant during the preparation of the Traffic Report and throughout the approval process. I:xa ror : F'V:xsi.r Iran„ r caves Mc :a, C6u, Prepared a Traffic Impact Analysis Report for the Orange Coast College Facilities Master Plan EIR. The proposed Project generally consisted of the construction of new campus facilities/the renovation of existing campus facilities to meet the District's instructional needs and to accommodate growth in the student body over the planning horizon and beyond. The Project also consisted of the construction of on -campus student housing, the construction of a mixed -use development, an expansion/renovation to the existing recycling cenLer grid the construction of d new parking sLrucWre. The Lrafiic study evaluated the proposed Project's potential existing plus project and near -term traffic impacts at 2S key study intersections and/or project driveways. City Council Est -rot",_ 7979 15 — 148 A-43 vvww a it i I� , :u t, ) I L. 1111 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Ll Pr.,wtal P ojeo_t:, Scuth .:i� �tr.. CA Prepared a Traffic Impact Analysis Report for the El Portal Project, a proposed retail and entertainment center with a maximum total of 600,000 square feet (SF) of occupied building area, located in the City of South Gate. The traffic study evaluated the proposed Project's potential traffic impacts at 40 key study intersections, provided recommendations to improve site access and internal circulation, evaluated the proposed Project's parking needs and addressed concerns from the California Public Utilities Commission (CPUC) and Union Pacific Railroad (UPRR) regarding vehicular queuing at existing railroad crossings on Atlantic Avenue and Firestone Boulevard. LLG worked closely with City staff and the EIR consultant during the preparation of the Traffic Impact Analysis Report and throughout the approval process. City Council Est -roar,_ 7979 15 — 149 A-44 vvww i I� , ,,u ), ) i.;.�;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Shane Green, PE I-FIIIUI J, Lit rk,e ilnl En none;•, ,7m�re r.ity of i (_atlexnrl, Irmo" Shane Green is a licensed Civil Engineer n the state of California. He earned his Bachelor of Science in Civil Engineering from the University of California, Irvine and has over 15 t0 ^ "' I years of experience working on traffic engineering projects throughout the Southern r I, a , i I I,lil MCA. California region. Shane has extensive experience in the preparation of traffic impact studies for a variety of land uses, site access and operational plans and parking studies. He also has experience in preparing Vehicle Miles Traveled (VMT) analyses for a variety of land uses. In addition, he currently provides on -call traffic and transportation [np;engineering consultation services to the City of Dana Point. His expertise in traffic n,_,c_v_. engineering helps LLG continue its tradition of excellence in the region. ru iLC ,v^.hr^.n,.4 r .a^ h • 4th & M ?rurner Pro ct, Sraiu,a Aiia, CA n ,ifi:I Il,,,niflv I,. If pwr; Prepared a traffic impact analysis report for the 4th & Mortimer Project. The Project included the development of 169 apartment units and 11,361 SF of retail/commercial floor area. The traffic study evaluated the proposed Project's near -term and long-term traffic impacts at six key study intersections and also included analysis for site access. A Ad x+ a a;r I'Ir4 r; I'lr menJ VMT screening assessment was also competed to evaluate the Project hosed on SR743 requirements consistent with OPR and the City of Santa Ana CEQA VMT Analysis - guidelines. traffic an,i L rc 4, r � Flrl 1'.I idlers fir cAmerican Ph7a — ith + Main Fif;jccc, Santa AIJ'ra. (A Prepared a traffic impact analysis report for the First American Plaza — 4th + Main lr,x, �n. lro, ,ynrrrr Iligh�a,ay Project. I he Project Included the development of 220 DU apartment units and 12,350 q,.,r try 5mlrlr,Irc,, Aurof Art SF of retail/commercial floor area. The traffic study evaluated the proposed Project's near -term and long-term traffic impacts at nine key study intersections and also included analysis for site access and internal circulation. 125 Bak (lkcaker, Rlead<), Cr;Ia CA Traffic Engineer for the Traffic Impact Analysis Report in the City of Costa Mesa. The traffic study evaluated the proposed Project's potential weekday traffic impacts at six key study intersections and provided mitigation measures to offset the projects impacts. Worked closely with the City of Costa Mesa staff on the signal installation at the intersection of Pullman Street at Baker Street. City Council Est -roar,_ 7979 15— 150 A-4S vvww r h l Il , ,,u r, I I L. 1111 7/6/2021 EXHIBIT 2 ,1' I , ( � , f ref , 2; .1 1 1,r... I-, �....Y rl-rr �rliai�ri, "r11 JJ � ���aaa000 00 Nli�llllllllallr�P u1 r 1 City Council r I,,,i I q 15,}-15 ['-(,) 1 7/6/2021 EXHIBIT 2 EXHIBIT B COMPLNSATION Fee Proposal including hourly rates it applicable City Council 15 — 152 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency ?, '-, 01 ; II a , / li ,r ,r ^' TO BE INCLUDED IN PROPOSAL EXHIBIT B LA .''. �� CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE Certification - I certify that 1 have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and 1 am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. FEE SCHEDULE Please provide a list of environmental services and forms that the firm has provided and can provide to the City, along with a proposed fee schedule. Chambers Group, Inc (949) 261-5414 Phone (866) 261-3100 Fax LEGAL NAME OF COMPANY PHONE AND FAX NUMBER S Hutton Centre Drive, Suite 7S0, Santa Ana, CA 92707 BUSINESS ADDRESS Mike McEntee President RL ur AU I MUK14LU Al LN I I I I LL 10232021 rnrncentee@charnbecgI OUpincmrn SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 33-028.1470 1012776,C-27 --------------------------------------------------------------- FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Community Development Agency Reaµrese for Proposals for Environmental SavieaS- housing Division page 11 City Council Est -roar,_ 7979 15— 153 A-1 vvwwr h I Ir r ,,1) r, i 1.;.1;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency Below are the estimated costs in preparing our services. Initial Studips LA .''. �� Categorical Exemptions/Exclusions Negative Declarations/ Mitigated Negative Declarations (including noticing and MMRP) Air Quality / GHG / Energy Analysis / Noise Riological Survey and Technical Memorandum Cultural Report Environmental Permitting Traffic Study (VMT Only or LOS Only) AB 52 Consultation Environmental Mitigation, Monitoring, and Implementation Measures S7,000 — 515,00o'" $3,000 - $8,000* $10,000 - $45,000' $4,000 - $10,000* 55,000 - 515,000' $S,000 - $20,00W $8,000 - $25,000:` $20,000 - $S0,000* $3,000 - $8,000* $10,000 - $30,000* 'Actual costs will depend on the project features, level of analysis required, required meetings and public hearings, and level of agency coordination required. Standard Rate Sheet for Chambers Group follows this page. Chambers Group understands the City will allow escalation of rates for the three year term as long as it is supported by the current Consumer Price Index. City Council Est -roar,_ 7979 15— 154 A-2 vvww� h i uf ), ) i.;.�;orn 7/6/2021 RFP #21-017: On -Call Environmental Review Services for the Housing Division City of Santa Ana Community Development Agency i- ih -_ _II� r „"f s'7.1r E.'r, Effective January 2021 STAFF. Charges for all professional, technical, and administrative personnel directly charging time to the project will be calculated and billed on the basis of the following staff category hourly "Bilking Rates." Billing Rates 'include fringe benefits, burden, and fee. Staff Title Rate Staff Title Rate Senior Director $225,00 GIS Technician 4 $150.00 Director $200.00 GISTechnician3 $125.00 Project Manager 3 $190.00 GISTechnician 2 $110.00 Project Manager 2 $170.00 GISTechnician 1 $100,00 Project Manager 1 $150.00 Environmental Planner 7 $3.88.00 Cultural Resources Specialist 7 $168.00 Environmental Planner 6 $168 00 Cultural Resources Specialist 6 $148.00 Environmental Planner S $158.00 Cultural Resources Specialist 5 $138.00 Environmental Planner 4 513800 Cultural Resources Specialist 4 $121.00 Environmental Planner 3 $117.00 Cultural Resources Specialist 3 5106.00 Environmental Planner 2 $107.00 Cultural Resources Specialist 2 $95.00 Environmental Planner J.. $96.00 Cultural Resources Specialist 1 $75.00 Biologist/Botanist 7 Biologist/Botanist 6 Biologist/Botanist 5 Biologist/Botanist 4 Biologist/Botanist 3 Biologist/Botanist 2 Biologist/Botanist 1 Restoration Construction Qualified Applicator (CAL) Foreman Restoration Laborer/Prevailing Maintenance Labor 5188.00 $168.00 $158.00 5138.00 $1J 7.00 $107.00 $96.00 $100.00 $80.00 $45.00 Project Controls Specialist $95.00 Project Assistant/Tech Editor $85.00 Word Processor .575.00 Clerical/Technician $65.00 OTHER DIRECT COSTS Copies-Inrernal UNIT 1.,>r ramie UNIT COST 50. 15 Color Copies 8"X1t" por pago St00 Oplpr GQ{1k-`. {t"X17 Parpagc S200 GIS MalerialS actual Field Venlclm J_C Cdf Road 4WD per day $fi50n Mileage pev rnilc Fed Rat, CP.,, R(:.9)C rnro7le perdsy 56000 Cl) .RCM's perCD S2.b0 Mail/Dei voly actua Gotsiei„ Prir'itir'ig act_re All Otner Outside Services actual Btu SurvcrylMonitoring Equipment Bid per day Sr 00 Surveryl_IDlRettoralion F_q,prneta per dsy S3 00 Rio Flgb $-,Ivey E4uipmc-nt por pay $15 00 'Jlart s,,sy F.4oi preen[ per an, slooO ColCural Survey EquiPmerit per day 3.6.f10 GJI(ural Sitc ReoSrding por day S8.00 clilipral Testinyll„,.cavAron rordoy S14.Qp Cultural Monaonng LgLipment per day S10.00 Gage W, day S1500 SonaDar peraay S4600 Llectrofie.ner perdsy S20000 City Council Est -rai^ 7979 r. 15- 155 A-3 VVwWI h I nl I ,,fj !, i II Li'rn 7/6/2021 EXHIBIT 3 ENVIRONMENTAL SERVICES AGREEMENT CITY OF SANTA ANA TUTS ACiRFFMENT is made and entered into on this I" day of August, 2021 by and between Michael Baker International, Inc., a Pennsylvania eorporation ("Consultant"), and the City of Santa Ana, a charter city and municipal coil -)oration organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March I, 2021, the City issued Request for Proposal 21-017 ("UP") sccicing proposals from qualified vendors having special skill and know -ledge in the field of on -call environmental review consulting services. B- Consultant is one of three vendors to timely submit a responsive proposal, which was sctcctcd by the City. Consultant represents that i[ is able and willin [o provide such services to the City as described in the RI:P and Consultant's proposal, which ;ire incorporated by reference as though fully aliached hereto. C. Tn undertaking the perfi>rntanec of this Agrecinent, Consultant represents that it is knowledgeable in its field and that any services performed by COnsaltatn 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 multtlal 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 daring the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment. and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhihit A, attached hereto and incorporated by refer-enec- 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for acutal services performed under this Agreement at the rates and changes identified in Compensation - Exhibit It. The total compensation provided to all consultants selected under RI;P 21-017 w pet%nn shall not exceed an aggregate ,unounl of M 50,000 annoally, for a potential total not to exceed amount of $450,000 during the entire term of the. Agreenent, including extension period,;- b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment City Council 15 — 156 71W€0211of 9 EXHIBIT 3 need not he mnde for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City_ 3. TERM This Agreement shall commence on August 1, 2021 and continue until July 31, 2022, with the option fix the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the. City Manager and the: Citv Attorney, unless terminated earlier in accordance wall Section 15, Below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agr'ccment is not intended nor shall i( be construed to create an employer -employee relalionship, a join( venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant pert2rrms [Ile services which are the subject matter of this Agreement, however, the scrviccs to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license [hr City to copy, use, modit'y, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, arid other docutrtem_ or works of authorship fixed in any tangible medium of expression, including but not limited to, plt_ysical drawings or data magnetically or otherwise recorded on computer disl<ettes, which are prepared or caused to be prepared by Consultant under this Agi-eement ("Documents & Data"). Consultant shall recµrire all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subeoutactol prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Dala. Consullant makes no such representation and wanan(y in regard to DOCnmCnt,, & Data which were provided to C011SLLltant by the City_ City shall not he limited in any way in its use of the. Documents and Data at any time, provider) that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to tundcrtaking pectin manec of work under this Af;rccment, Consultant shill maintain and shall require its Subcontractors, ifany, to obtain anti maintain irrsu .ance as described below; I Connnnereial General Liability Insurance. Consultant shall maintain commercial general liabilily insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(,,) and shall include, but not be limited to protection against claims atising from bodily and pct'sonal injury, City Council 15— 157 7/W,, €02Z1of9 EXHIBIT 3 including death resulting therefrom and dunnage to property, resulting from any act or occurrence arising out of Contractor's operations in the perlonnauce of this Agrecmennt, including, without litnitatiun, acts involving, vehicle,;. The amounts ul' insurance shall be not less than the tollowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amotutt of $1,000,000 per occurrence, with S2,000,000 in the aggregate- Such insurance shall (a) name lnc City, its ofGccrs, culployccs, agents, and representatives as additional insurcd(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City: and (c) contain standard separation of insureds provisions. b. i3usines,auto»nohiIcliabilityinsurance, orequivalentfornt,with acombinedsinglc limit ol'not less than $1,000,000 per occurrence- Such insurance shall include coverage for owned, hired and nun -owned automubiles. C. Worker's Compatsation Insurance. In accordance with the provisions of Scetiun 3700 of the I abor 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 c niniencing the performance of the wort: under this Agreement, Consultant agrees to obtain and maintain any cioployct's liability insurance with limits not less than S1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000.000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section- i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City- in- Certificates and policies shall state that the policies shall not be eamceled 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 annxunts provided by the ccititieates of insurance shall be incotporaccd by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsennent. f. if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insuraunec has been plvau-ed and is in force and paid 10 , the City shall have the tight, at the City's election, to forthwith terminate this Agreement. Such tenninatiun 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 City Council 15— 158 71W! €02;1of9 EXHIBIT 3 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 C'ily, its of7icers, agents, employees, contractors, special counsel, and representatives from liability: (1) lorpersonal 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 ils behalf which relates to the services described in section 1 of this 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 from this Agreemett. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restinrtion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of ilie events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement- The Consultant further agrees to indemnity, hold harmless, and pay all costs &n 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 ol', or elTects arising Isom this Ag eernent- City may make all reasonable dccisioos with respect to its representation in any legal proccctling. NotwitbAanding the furcgoing to the extent Contractor's services arc subject to Civil Code Section 2782.8, du above indemnity shall be limited, to the extent required by Civil Code Section 2782.8. to claim, that arise oul of-, pertain to, or relate to the negligence, recklessness, or m illful misconduct of the Contractor- S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employee., against any and all liability, including costs, for infringement Of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Tile, costs ino:urred under this Agreement and any services, expenditures, and disbursements charged to the City for a mininuun period of three (3) years, or for any longer period required by law, from the date of final payment to Consulanl under this Agreement- All such records and invoices shall be clearly identifiable. Consultant shall allow it representative of the City to cxarrtinc, audit, and make transcripts or copies of such records and any other documents ciliated pursuant to ibis Agreement during regular business hours. Consultant shall allow inspection ofall 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 tills Agreement. City Council 15— 159 71W €0241of9 EXHIBIT 3 10. CONFIDENTIALITY It' Consultant receives lium the City infonnatiou which due to the nature Of such iutinmaticnt is reasonably understood to be contidcntial and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and foLher agrees to exercise the same degree of care it uses to protect its own inRomation of' like importance, but in no event less than reasonable care_ "Confidential Infirrmation" 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 ofnon-use and rrorrdisclosure shall not apply to Lilly information that (a) has been disclosed in publicly available sources; (b) is, drrough no fault Of the Consultant disclosed in a publicly available source; (c) is in 61-lttfiil possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, wfiich would conllicl in any manner with perionnance of Services sped lied under this Agrcctacul. 12. NON-DISCRIMINATION Consultant shall not disaiminatebecause of race, color, creed, religion, sex, marital stars, 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 affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete, and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In The event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail_ this Agreement may not be modified except by written instrument signed by the City and by an authorized representative ol' Coruraetor. The parties agree that any terms ur conditions of any purchase order or utha instumcnt that arc inconsistent with, or in addition to, the terms and conditions hG'cof, shall nut bind or Obligate Consultant Or the City. I[ach 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 patty, which is not embodied herein. City Council 15— 160 7/�1 €0 -1of9 EXHIBIT 3 14. ASSIGNMENT lnatinn-Wh as this Agreement is intended to seCurc the specialized services ol' Contractor, Consultant may not assign, transfer, delcgate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the (- ity'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'thc services which are the subject to Ibis Agreement performed by City personnel or by other Contractors retained by City. 15. TLRMINATION This Agreement may be terminated by the City upon Thirty (30) clay, written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services pertormul by Consultant prior to receipt of inch notice of termination, ;ubjeel to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all wort: product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohihitcd by law, and Consultant consents to the City's usee 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 kecitals 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 party waiving the breach, failure, right orrerncdy- No waiver ofany breach, [irilurr or right, or rerned-v shall be decried a waiter of any other breach, falllarC, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreeinent has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be thee venue for any action or proceeding that may be brought or arise out ol" in connection with or by reason ol'this Agreement - is. PROFESSIONAL LICENSES ConsUltant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions ucccssary 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 City Council 15— 161 71W €07�1of9 EXHIBIT 3 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ol'this Agreement_ 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be decried to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or oilier telegraphic contmunicatiorl in the planner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Ccntcr Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927o2-1999 Fax: 714- 647-6956 With courtesy copies to: Executive Director Ccnntnunity Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O_ Box 19KK Santa Ana, California 92702 To Contractor. Alan Ashintie Environmental Sciences Manager Michael Baker International, hie. 5 1 lutton Center, Suite 500 Santa Ana, CA, 920707 1-949-472-3505 A party may change its address by giving notice in writing to the other patty. Thereafter, m_y eotnmunieation shall be addressed and transmitted to the new address_ If sent by mail, communication shall be effective or deemed to have been given three (3) clays after it has been deposited in the United States mail, drily registered or certified, with postage prepaid, and addressed as set forth above. I I sent by fax, communication shall be effective or deemed to have been given twenty-f(Htr (24) houl_S after the time set firth on the transmission report issued by the transmitting facsimile machine, addressed Lis set firth above. For purposes of calculating these lithe frames, "eckends, federal, state, County or City holidays shall be excluded. City Council 15 — 162 7/Wa2g172� of 9 EXHIBIT 3 20. MISCELLANEOUS PROVISIONS a- Each undersigned represents and wan -ants that its signature herein below has the power, authority and right to bind their respective parties to cacti of tttc terms of this Aerecnunt, and shall indemnify City fully, including reasonable costs and allorney'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- The Agreement is the final and complete agrecanent and any prior or eontCnI porancous agreements litr similar services between the pat Ues is superseded by this Agreetnem. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement c. All Fxhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the hody of this Agreement. SignalnreS on /b11oi%4ng page, City Council 15 — 163 71W€02K1 or 9 EXHIBIT 3 TN WTTNFSS WTTF.REOF, the panties hereto have executed this Agreement the date and year first above Wriuen. ATTEST: Daisy Gomez Clerk Of Tilt Council APPROVED AS TO FORM: SONIA R. CARVALIIO City Attorney By: 1 r — Ryan 0. �odge, Assistant City Attorney RECOMMENDED FOR APPROVAL: SLCVCII Mendoza, EXCCntivc Dircetrjr Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Alan Ashimic Environmental Sciences Manager City Council 15— 164 71W €07y1of9 EXHIBIT 3 EXHIBIT A SCOPE 01: SERVICES City Council 15 — 165 7/6/2021 I ,'I .ry 'I ry �������� xra�x n� �llll%%llll ;iiiiiiiiirrrrrrrr � o , LLN rpomooa i4i. ,,rrI/iillllllll�������� iiilr r'ma/d ( ,uii1/lll�iiirr„ ^ry w R7 � r v f, J - 166 I N T E R N A T 1 0 N A L April 1, 2021 City of Santa Ana Community Development Agency (611 Floor) Attention David Flores, Community Development Analyst 20 Civic Center Plaza, M-26 Santa Ana, CA 92701 Subject: STATEMENT OF QUALIFICATIONS— ON -CALL ENVIRONMENTAL REVIEW SERVICES FOR HOUSING DIVISION Dear Mr. Flores, Michael Baker International, Inc. is excited aboutthe opportunity to leverage ourdiverse capabilities and extensive environmental resume to provide On -Call Environmental Review Services to the City of Santa Ana Housing Division. In partnership with the City's Planning Division, we have provided on -call environmental documentation services to the City for over 14 years. This experience has included a range of residential projects, including California Environmental Quality Act (CEQA) documents for the 301 East Jeanette Apartments and the Bewley Street Townhomes Project. We also have an extensive resume processing National Environmental Policy Act (NEPA) documentation for affordable housing projects through the U.S. Housing and Urban Development (HUD). This highly relevant experience will directly benefit the City's Housing Division with a knowledgeable consultant capable of streamlining CEQA/NEPA approvals for the City's critical housing needs. We understand the importance that housing plays within the City, with Santa Ana being one of the few agencies in California that have met or exceeded its Regional Housing Needs Assessment (RHNA) targets. We are also fully aware of the City's commitment to affordable housing and objectives for disadvantaged communities. Since 1975, Michael Baker staff have worked closely with Orange County cities providing experience and expertise in preparing clear, adequate environmental documentation for the purposes of CEQA and NEPA. We have aided cities with thousands of applications, supporting early analysis, and consultation with stakeholders and suggesting ways that a project could be modified to alleviate many environmental issues. We trust that our Statement of Qualifications for the On -Call Environmental Review Services for the Housing Division demonstrates our team's experience, expertise, and ability to provide a high level of environmental services in support of the City's projects. Our proposed services and related pricing contained in this Proposal is valid for a period of 180 days. Mr. Richard Beck is an agent authorized to make commitments on behalf of Michael Baker International. If you have any questions, please contact me at 949-855-5710, aa!sfurrlBfYf(i:irrif. akl;rinfl.a rn. .............................. ...................... Sincerely, Alan Ashimine Environmental Sciences Manager Planning/Environmental Sciences Richard Beck Vice President Planning/Environmental Sciences City Coun®il 16 — 1-67 7/6f2021 ITo It L101"II 1",1(I- Itl g0 !'I,IIlg rd%.✓l1w'm /($() If 6,f II)r,: ill Michael Baker has a proven approach based on decades of experience providing highly sound and legally defenslbie environmental docunrentatlon, on schedule and within budget. 1 JT7iii'M«�i infl- Founded in 1940 and celebrating 80 years of supporting our local communities, Michael Baker is a leader in environmental, planning, engineering, consulting, and tech nical/professional services with a local focus and global expertise. Michael Baker has a staff of more than 3,000 professionals with in-house expertise in disciplines that include Environmental Analysis, Planning, GIS Services, Surveying, Aerial Photogrammetry, Mapping, Real Estate Assessments, Transportation/Traffic Engineering, Civil Engineering (including Grading, Public Works, Water/Wastewater, Hydrology), Mechanical/Electrical/Energy Services, CADD, and Media Services. As -Needed and On -Call Services: g Z 004 Michael Baker takes great pride in our �4Jtp♦r1P Z391. M�rp, long-standing history of providing both as -needed and "extension of staff' services for public sector clients. In California, we have provided these services to the cities of Santa Ana, Anaheim, Westminster, Irvine, Costa Mesa, Cypress, Long Beach, Carson, El Segundo, Santa Monica, Seal Beach, Azusa, Lancaster, Upland, Rancho Santa Margarita, as well as the County of Orange, Orange County Sanitation District, Port of Long Beach, County of Riverside, and others. Michael Baker also has recent experience working with the City of Santa Ana staff providing Environmental Consulting services through the recently completed Bewley Street Townhomes Project Initial Study/Mitigated Negative Declaration. Our staff is accustomed to meeting demanding project schedules by pooling our resources from skilled staff throughout the region, when necessary, to ensure our clients are given the highest quality of service and on -time performance. F.INVIRONIVIIFNTAf... SERVICES E, vio1,, 911L(ICPL il." AY IT, 11101 LT.j I,f$ IBOWT nlq.R(1� CLQA,/ N[PA I:0 UMiNIS r7'I t Gn[fmcog r 1RP Ens P9.11 AhM ARoawtr H1jJAA1 RE w(vo, As a leader in the environmental consulting field, Michael Baker offers an extensive array of services associated with environmental compliance and documentation. Michael Baker provides evaluation for the full range of environmental effects for all types of projects, including CEQA and NEPA documentation, air quality and health risk assessments, greenhouse gas analyses, noise studies, regulatory agency permitting, biological resources, cultural resources, visual assessments oho oloh n,., cn loc hroncim htin c b otrl o ol.,cm ro fin cf loc Legal Name of Firm: M irhael Baker International, Inc. Website: httos://mhakerintl.corn/ National Headquarters: 500 Grant Street Suite 5400 Pittsburgh, PA 15219 T. 412.918.4000 Stott Size: 677 West Region Headquarters Where Work Will Be Performed: 5 Hutton (.entre, Suite 500 Santa Ana, CA 97707 T.)1gA72_i5O5 Sluff S,,e: 260 Year Established: 1940 Type of Organization: Pennsylvania Corporation Holdco Corporation —100% Ownership Size of Staff in California: 580+ Size of Staff Companywide: 1,0001 Contract Manager: Alan Ashimine p. 949.855.5710 I f. 949.897 4122 aa:rltmtner�mhakenntLran i,+ Ill IYilt )4 nil lYP 1"I- Ilr d"1ro ,fllh 1X 61 I , Ill lfl EXHIBIT 3 drainage/water quality assessments, community/socioeconomic analyses, and biological mitigation/monitoring. Our environmental compliance managers have a broad resume of project experience in urban communities and have worked on numerous complex projects requiring technical expertise, creative solutions, and development of effective and workable mitigation. We can cunfidently say that our environmental expertise makes us primed to assist with any on -call request needed by the City. Environmental documents prepared by Michael Baker address the full range of environmental and technical issues, with in-house specialists providing technical evaluation for traffic and transportation, flood control and drainage, air quality, climate change, noise, land use, socioeconomics, utilities and services, energy conservation, visual and aesthetic effects, relevant planning, Phase I hazardous materials, neighborhood and construction effects, Iandform modification, agricultural suitability and many other environmental issue areas. Michael Baker draws upon the profession's leading subconsultants for specialized cultural and geotechnical studies to build a multi -disciplinary team of environmental analysts. EXHIBIT 3 Project Experience Michael Baker takes immense pride in our long-standing history of providing technically accurate and legally defensible CEQA documentation to our clients throughout California for more than Q years. We are firm believers that "experience matters." Our experience includes a vast resume with preparation of CEQA/NEPA documentation, including Initial Studies, Categorical Exemptions, Negative Declarations ("ND"), Mitigated Negative Declarations ("MN❑"), Environmental Impact Reports ("EIR"), Finding Of No Significant Impact, and extensive experience with I IUD funded affordable housing projects and I IUD Environmental Assessment guidelines. This experience ensures successful delivery, on -time and within budget, of the any task order assigned under this on -call contract and associated technical studies. A summary of Michael Baker's experience with CEQA/NEPA clearance documentation efforts is provided below. Additional representative experience is available in Section E, Relevant Experience. The Michael Baker Environmental staff have provided CEQA and NEPA documentation and environmental technical studies for a diverse range of housing projects. Michael Baker's environmental compliance managers have a broad resume of project experience in urban, coastal, and rural communities and have worked on numerous complex projects requiring technical expertise, creative solutions, and development of effective and workable mitigation. We can confidently say that our environmental expertise makes us primed to assist with any on -call request needed by the City. As with any on -call project, Task Order Management will be of the utmost importance to ensure project goals are met. Typical on -all contracts will follow our standard protocol to assess project requirements, included but not limited to. INITIATION • Scope of Work • Kick-off Meeting • Data Review and Research TECHNICAL STUDIES • Data Requcsts at Kick-off • Adequate Project Description • Define Methodology • Document Findings CEQA / NEPA REPORT • Initial Study • Confirm Findings of Tcchnicat Studies • Write Environmental Compliance Document Michael Baker, has a proven approach based on decades of exr. rience twoviding highly sound and (equity defenslble envlronrnentol docurnentatlon, on schedule and withln budget.. Michael Baker's management approach has been proven effective in meeting or exceeding expectations for environmental compliance tasks on time and on budget. With clear communication with City staff from task inception, our management can aid City staff in outlining a logical path for a specific task order, with a clear scope of work, schedule, and budget. Continuous close coordination, communication, and a focused project development process are the keys to successful completion of each task assignment. Michael Baker's approach is designed to allow for regular interaction between City staff, the environmental consulting project team, and other interested/responsible governmental agencies and parties, which allows for frequent information sharing among all project members. This approach will assist in data exchange without loss of time or resources and will give City staff advance input on issues that arise. Such participation by the consultant minimizes duplication of research efforts, improves the technical quality and accuracy of analysis, and ultimately, reduces the cost of services. Regular interaction also allows the project team to offer expert advice and counsel to the City and other interested parties, particularly regulatory agencies with jurisdiction over key elements of the project. Application di Review or ' Preparation of Technical Studies Michael Baker's proven track record has included the Bewley Street Townhomes Project Initial Study/Mitigated Negative Declaration (Santa Ana, CA). Heritage Square South NEPA Environmental Assessment and CEQA Categorical Exemption (Pasadena, CA), Tina - Pacific Neighborhood Development Plan Project Environmental Impact Report (Stanton, CA), One Metro West Project (Costa Mesa, CA), Rialto Metrolink Affordable Housing Project (Rialto, CA), 3700 Riverside Drive Mixed Use Project (Burbank, CA), Pasadena Studios CEQA Exemption pursuant to PRC 21155.4 (Senate Bill 743) (Pasadena, CA), and Bolsa Row Specific Plan (Westminster, CA), among others. These projects all required close coordination with outside agencies including, the Regional Water Quality Control Board, Department of Toxic Substances Control, Orange County Transportation Authority, and/or County of Orange. Regular communications with City staff and others allow the project team to determine potential issues up front, develop potential design features and/or mitigation measures, as well as develop sound, legally defensible documents. Our open public outreach capabilities during the environmental clearance process also allows City staff to anticipate potential public concerns and ensure that these concerns are addressed in the environmental document. The Michael Baker Team is accustomed to working on highly controversial projects subject to public scrutiny, placing the utmost emphasis on providing clearly articulated analysis and conclusions. i,+ IIYil) )4 nii iYP i"I- 11r d")a I „rill, N *,,,("d H 6i ) I ill II EXHIBIT 3 Specific Scope of Services The following scope of services has been provided pursuant to Request for Proposals (RFP) 421-017 Exhibit A, Scope of Services. PHASE. I AND PHASE: II ENVIRONMENTAL. SITE. ASSESSMENTS Michael Baker will perform Phase I Environmental Site Assessment (ESA) services for the City. It is our understanding that all Phase I reports will comply with the ASTM International (ASTM) E 1527 Standard Practice. It is acknowledged that ASTM is in the process of updating this standard practice. Michael Baker staff is participating on the E 50 committee, has been involved in this update, and will be prepared to ensure our Phase I ESAs are prepared to the current industry standard in 2022, when the standard update is expected to he released. Upon task kickoff, Michael Baker will confirm the purpose of the Phase I and the methodology to be conducted. All Phase I documentation will include an ASTM-compliant radius search of databases pertaining to hazardous materials, appropriate file reviews with regulatory agencies, historical documentation review, interviews, and site reconnaissance. The Phase I report will docurnent Michael Baker's findings, opinions, and conclusions as to whether or not a recognized environmental condition (REC), or conditional recognized environmental condition (CREC), exists. Should a Phase I ESA identify any RECs, Michael Baker has retained Roux Associates (Roux) to provide Phase II ESA services. Roux will review Phase I ESAs prepared by Michael Baker and/or other qualified environmental firms to evaluate the site history and condition, and specifically any RECs that are identified for the site. If no prior environmental documentation is available for the site, initial desktop review may be necessary to evaluate past uses and potential environmental concerns. If multiple environmental reports are available for the site, including perhaps Phase II ESA investigation and/or remediation documents, those reports will be evaluated to formulate opinions of site status. If RECs are identified for the site, the City will be queried to understand the present and future intended use(s) of the site, ownership status, potential acquisition or disposition, and regulatory interactions that are expected, past or future. This query will occur prior to development of a specific scope of work for subsurface investigation. Once all the initial information is gathered, a scope of work that may include soil, soil gas, and/or groundwater sampling will be developed in line with the objectives for the site. The investigation will provide sufficient data to characterize areas of concern and assess potential risks and future costs, delays, and/or liabilities that may be borne of impacts. The initial Phase II ESA will not be intended to provide comprehensive characterization or derive complete remedial alternatives. The initial results will be discussed with the City and dependent on conditions and objectives, additional scopes of Phase II work may be developed where necessary. ENVIRONMENTAL IMPACT FATEMENTS (OS) Michael Baker staff have extensive experience with preparation of EISs for a range of different major federal actions having the potential to significant affect the quality of the environment. This experience comes on a range of diverse project types, for numerous different Federal agencies. Michael Baker's experience with preparing NEPA documents in accordance with 24 CFR 50A, 5&6, 24 CFR 5&5, provides for a streamlined, "hit the ground running" approach that will facilitate EIS preparation for the City's critical Federally -funded housing projects. Critical components of the EIS important to the success of the document include a well-defined description of the proposed action and detailed description of the range of alternatives, in addition to strict adherence to HUD's statutory checklist and criteria for cumulative impact analysis. HUD also places an emphasis on proactive stakeholder and community engagement to consider feedback related to the environmental effects of the project. ENVIRONMENTAL IMPACT REPORTS (EIR) The Michael Baker Environmental staff have provided CEOA compliant Environmental Impact Reports (EIRs) for a diverse range of housing projects for over 40 years. Michael Baker's environmental documents are not only legally defensible and user-friendly, but are supported by professionals with expertise in hydrology, water quality, transportation, water/wastewater, landscape architecture, urban design, policy planning, structural design, civil engineering, GIS, mapping, and surveying. Michael Baker produces environmental documents that are sensitive to both the public's concern for resource protection and community impacts, as well as real -world issues associated with cost and feasibility of implementing mitigation measures. EXHIBIT 3 Michael Baker can prepare appropriate Notice of Preparation (NOP)ilnitial Study, Draft EIR, Final EIR, and associated work products in accordance with the criteria, standards and provisions of the Califomia Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et seq.), California CLQA Guidelines (Ca/itomla Code of Regulations, litre 14, Section 15000 et sec.), the City of Santa Ana Environmental Guidelines, and the regulations requirements and procedures of any other responsible Public Agency with jurisdiction by law. Michael Baker will, throughout the document, and where appropriate, relate the proposed project to the general trends in Santa Ana and the surrounding area. The initiation of the CEQA process would involve a detailed scoping process including a review of issues, constraints, and Project opportunities. Michael Baker, working closely and in collaboration with City staff, will embark on an agency consultation process, which will include a public scoping session, in order to provide an opportunity to obtain a better understanding of key environmental concerns of interested agencies and the community, as well as informing the public as to the purpose of the CEQA review and determination process. The NOP/Initial Study will be circulated for a 30-day review. Comments received during the review period will be evaluated as part of the Draft FIR preparation. The Michael Baker Team will be viewed as an integral component in the project review and will participate in meetings with City staff, and public hearings, as required by the City. The Michael Baker Team will have the responsibility of leading the public participation program for the environmental review, including the planning process, Draft EIR public review meeting, and throughout the public hearing process for EIR certification. The Michael Baker Team will guide the planning and CEQA processes and assist the decision makers and the public in understanding the analysis and EIR conclusions. Michael Baker has served in this role with a countless number of agencies and a wide range of projects of great interest to communities. Each of the issues studied in the EIR will be approached thoroughly in order to fully assess all potential impacts, establish thresholds of significance, and identify mitigation measures, as necessary. ENVIRONMENTAL ASSESSMENTS AND COMPI...IANCG FIN DINGS ..24CPR PART S80 Michael Baker staff have supported municipal clients throughout California by preparing environmental reviews for projects funded through U.S. Department of Housing and Urban Development (HUD) programs, such as Community Development Block Grant (CDBG) and HOME Investment Partnership programs. Our approach to preparing a NEPA Environmental Assessment for the City is to draw upon our experience preparing multiple NEPA documents for HUD -assisted projects in California to identify and address issues early in the process, conduct technically adequate and complete environmental analysis, create reader friendly NEPA documents, and openly communicate with the City to ensure needs and expectations are met throughout the process. For projects funded, in part or in whole, by HUD -programs such as those identified above and do not fall into the categories of projects categorically excluded or exempt from NEPA evaluation per 24 CFR 58.34 and 24 CFR 58.35, Michael Baker will prepare an Environmental Assessment (EA), the content of which would be consistent with HUD's recommended format for conducting EAs pursuant to 24 CFR 58. The analysis will include all required determinations and compliance documentation for the laws and authorities at 24 CFR 58.6 and 58.5, as well as an analysis of additional factors, including the project's impacts on land developrrient, socioeconomic factors, community facilities and services, and natural features. The following are the primary sections of the EA Purpose and Need, Project Description, Existing Conditions and Trends, Statutory Checklist, Environmental Assessment Checklist, and Alternatives to the Proposed Action. The EA will also include several HUD -required summary sections, including mitigation measures, additional studies performed, and list of sources, agencies, and persons consulted. Michael Baker also has in-house experts that can prepare required technical studies and assist with required consultations to support the NEPA EA, including air quality specialists, noise specialists, and cultural resources specialists. Upon preparation of the finalized public draft EA. Michael Baker will prepare a combined Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds (FONSI and NOI/RROF) and can assist the City with the publication and public review process. Following the public review period, Michael Baker can assist the City with preparation of the Request Release of Funds and 7015.15 Certification Form required to be submitted to HUD along with the Environmental Review Record (ERR) for their review and approval. ENVIRONMENTAL REVIEWS FOR CATEGORICALLY EXCI..IJDE D AcTCVITIES/PROJE CI'S - SECTION 5&5 Michael Baker staff have supported municipal clients throughout California by preparing environmental reviews for projects funded through HUD programs, such as CDBG and HOME Investment Partnership programs. Many smaller -scale projects supported through such progra ig.pcMqs IlVuyla categorical EXHIBIT 3 exclusion rather than an Environmental Assessment (described above). Michael Baker will prepare Categorical Exclusion Statutory Checklists (LEST checklist) for the City in accordance with HUD's recommended format for conducting CEST checklists pursuant to 24 CFR Part 58. The analysis will include all required determinations and compliance documentation for the laws and authorities at 24 CFR parts 50.4, 58.6, and 58.5. The following are the primary compliance factors of the CEST checklist Airport Hazards, Coastal Barrier Resources, Flood Insurance, Clean Air, Coastal Zone Management, Contamination and Toxic Substances, Endangered Species, Explosive and Flammable Hazards, Farmlands Protection, Floodplain Management, Historic Preservation, Noise Abatement and Control, Sole Source Aquifers, Wetlands Protection, Wild and Scenic Rivers, and Environmental Justice. Michael Baker also has in-house experts that can prepare required technical studies and assist with required consultations to support the CES I checklist, such as cultural resources assessments and historic property evaluations required to demonstrate compliance with Section 106 of the NHPA. The CEST checklist will also include several HUD -required summary sections, including mitigation measures, funding breakdown, and summary of findings and conclusions. If mitigation or other compliance steps would be required (i.e., additional reports, studies, consultations, permits, or agreements), we would assist the City with the public review and comment process, including preparing and publishing a Notice of Intent/Request for the Release of Funds (NOI/RROF) as required by HUD. LEAD RISK SURVEYS It is our understanding that the purpose of building surveys, as part of this scope of work, is to identify the presence of asbestos -containing materials (ACMs), lead -based paints (LBPs), and other potential hazardous building materials (such as polychlorinated biphenyls [PCBs]). Michael Baker has retained Panacea to identify the likelihood that asbestos is present in concentrations greater than 1 percent in suspect, readily accessible construction materials. Panacea will assess the likelihood that lead is present in concentrations greater than 1.0 milligrams per square centimeter (mgrcm2) in/on readily accessible painted surfaces of the buildings. It is acknowledged that components or structures not permanently attached or can easily be removed during renovation will not be tested (such as furniture, cabinets, trash, artwork, etc.). Panacea will also estimate the number of readily -accessible fluorescent light tubes, mercury -containing thermostat switches, ballast containing PCBs, potential tritium exit signs, batteries and/or battery -containing equipment, and potential FreonT"-containing refrigeration systems in the buildings. Sampling or testing of equipment is excluded from this scope of work. The overall technical approach for sampling activities will involve review of build plans and preparation of base maps, conducting site reconnaissance and preparation of a sampling strategy, and data evaluation and report preparation. I..JE::AL ANC.:) ASBESTOS'fESSIFING, IVIONI"MRING AND CLEARANCES It is our understanding that the purpose of building surveys, as part of this scope of work, is to identify the presence of asbestos -containing materials (ACMs) and lead -based paint (LBP) and hazards related to LBP. Michael Baker has retained Panacea to identify the likelihood that asbestos is present in concentrations greater than 1 percent in suspect, readily accessible construction materials. Panacea will assess the likelihood that lead is present in concentrations greater than 1.0 milligrams per square centimeter (mg/cml) in/on readily accessible painted surfaces of the buildings and perform risk assessment if necessary. It is acknowledged that components or structures not permanently attached or can easily be removed during renovation will not be tested (such as furniture, cabinets, trash, artwork, etc.). Panacea provides consulting services for asbestos abatement and lead -related work. For asbestos abatement oversight, Panacea can prepare and design abatement sperifications, perform abatement oversight, and collect daily air monitoring during abatement activities and final clearance air samples after abatement is complete. SOILS ,rESIFING Michael Baker has retained Roux to perform soils testing for potential contamination should those services be required. It is our understanding that soil testing may be required if (1) potentially impacted soils are encountered such as when excavated soils indicate possible impacts or when expected or unexpected underground structures such as clarifiers or underground storage tanks that may have impacted excavated soils are encountered, or (2) when it is necessary to import fill materials to support construction activities. When soils testing services are required for on -site soils (scenario 1 above), Roux will perform soil sampling of potentially impacted soil in general accordance with the Soil Management Plan (SMP) if one has been prepared. When no SMP exists, Roux will prepare one if requested by the City, or simply perform soil testing as described below: EXHIBIT 3 If soils suspected to be contaminated are encountered on City projects, Roux will direct that they be excavated, stockpiled, and sampled to determine if on -site re -use is appropriate, or they need to be disposed off -Site. Stockpiles will generally be sampled through collection of four -point composite samples at a minimum frequency of four composite samples per every 250 cubic yards (CY). Based upon the Site history, suspect stockpile soil samples will be analyzed for the necessary parameters. All stockpiles of suspect soils will be placed upon and covered with plastic sheeting and clearly labeled with a unique designation. If it is necessary to import fill material (scenario 2 above) to support construction activities thee, the State of California Department of toxic Substances Control's (DISC's) Information Advisory for Clean Imported Fill Material will be applied to guide the required soil sampling and analysis. HUD G NjVfR0NIMGNTAI... RGVjGW bN[..INE sys-rRM (IidGROS) Michael Baker staff maintain active HUD user accounts with access to the HUD Environmental Review Online System (HERDS) and can support the City of Santa Ana as a Partner User, preparing and submitting environmental review documentation, such as Categorical Exclusions subject to the laws and authorities listed at 24 CFR 58.5 and Environmental Assessments, to the HEROS system. The following is a sample implementation schedule for an Environmental Assessment (EA)/Finding of No Significant Impact (FONSI). Kickoff Meeting Month 1 Michael Baker provides Draft Project Description to City Month 1 City provides Final Project Description to Michael Baker Month 1 Administrative Draft EA preparation'.2.3 Months 1-2 City Review of Administrative Draft EA Month 2 Preliminary Draft EA preparation by Michael Baker Months 2 — 3 City Review of Preliminary Draft #2 Month 4 Complete, Publish, and Circulate Draft EA Month 4 15-Day Public Review Period Months 4 — 5 Michael Baker prepares Final EA^ Month 5 City Review of Final EA Month 5 Complete Final EA Month 5 Approval of Request for Release of Funds Month 5 Notes: Submittal of the first Admin Draft EA will occur concurrently to the Native American consultation and Section 106 process with SHPO. 2 Assumes an iterative review of Traffic Memorandum with City Traffic Engineer for numbers to be approved for other technical modeling to occur. Assumes technical data request from City/Applicant is provided in a timely manner (e.g., construction quantities/assumptions, project plans, etc.) 4 Assumes minimal public comments. I /S off Me City will beneflt from our team"s management structure and tong terrrl earperlence with similar environmental on -call contracts. Our steep bench of resources will ensure successful delivery of tasks ,for prq(ects that may overlap, run concurrently, or have shortened tlmellnes. As a full service, multi -disciplinary environmental consulting firm, Michael Baker takes pride in being able to respond to any and all task orders that may result from this on -call contact, includinq multiple critical path task orders concurrently. With our diverse resume, we are ready to facilitate environmental approvals for any project initiated by the Housing Division, whether locally or Federally funded. Our extensive background with HUD will streamline potential EIS, EA, or Categorical Exclusions to be required under NEPA, in addition to EIR, MND, or Categorical Exemptions needed under CEQA. In addition, our strategic teaming partnerships with Roux Associates and Panacea round out our team to provide the City with the hazardous materials investigation capabilities required under the City's scope of work. Experienced and Dedicated Team We have brought together an exceptionally qualified team ready to deliver quality services. Our dedicated staff is well -positioned to provide ongoing, as -needed assistance with environmental documents and services needed for public and private projects in the City. Our Project Team is shown in the Organizational Chart below. Qualifications for key personnel are briefly highlighted on the pages that follow with summary resumes. Alan klurnine John Bapas Hanes you. AIGI Peter Mlnegar, AICP Brent AHleck il ��.,j0 it �i it ail II Air Quality III I III r�;ill Ali 'SOP.. �� Hydrology I Water Quality i� il, ail, I�I, I� Transportation GHGINolse Rd,eeca Cnn,,y, Pt, Cl M Carla Dialbck, Plot Kristen Bogie (ddle Ti,, s Randy lUmik HamrJous Materials Reyalatory visual Ma,1I00 r5LObar TruTldweIi Ali,. 4,0nmit2 KrstmBogie Boua Assodates, Inc Jesvca Ditto Cultural iTribal I Biology thin Chou Historical Resources Wnnielvoo loin Mlllingka, Puno<an NIQ,nIM Hcarlh ......... .. ....... Margo P0y10r city CouncliI 15 _ 1,76 . l( If fit, l,,,To I lit. I; ! i I IND 1 /'JfI 4"1,,d -I,,Y5/, .i,,' ,,,,I ,.f /0' EXHIBIT 3 We have assembled an exceptional team of professionals with the capabilities to react to the diverse range of projects that could arise from the City's on -call contract. Not only can the Michael Baker team provide defensible, Technically -accurate CEQA and NEPA documentation, but we can also mobilize quickly and cost -efficiently. i r* �'r ALAN ASHIMINE I CONTRACT MANAGER Years of Experience: 21 ft(� lie Alan will serve as Contract Manager and will be the main point of contact for the City. Alan will manage the on -call contract and assign awarded task orders to the Michael Baker Task Managers and/or Key <Technical Leads. Mr. Ashimine manages the Environmental Sciences Department of Michael Baker International's Santa Ana office. He is a recognized leader in the practice of preparing CEQA and NEPA documents, and has extensive experience in the research, analysis, and writing of environmental documentation for projects of varying degrees of complexity and controversy. Mr. Ashimme's primary responsihilities include oversight of the department's daily operations, management of projects, staff mentoring and instruction, and business development. With over 20 years of experience, Mr. Ashimine has successfully managed environmental documents for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Prq(ect Experience • Bewley Street Townhomes IS/MND (Santa Ana, CA) • 301 East Jeanette Lane Apartments IS/MND (Santa Ana. CA) • Mancara Residential Project EIR (Santa Clarita, CA) • Bloomington Affordable Housing Project IS/EA (Bloomington, CA) • Safran Senior Housing Project EA (Long Beach, CA • Rialto Metrolink Affordable Housing IS/EA (Rialto, CA) JOHN BELLAS I QUALITY ASSURANCEIQUALITY CONTROL Years of Experience: 22 John will provide overall quality assurance/quality control reviews. John be responsible for ensuring successful completion of each task, as well as ensuring that the City's goals and expectations are being net. John is a recognized leader in CEQA and NEPA studies. He has successfully prepared environmental documentation for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Using his broad background and understanding of environmental constraints, he provides detailed, legally sound CEQA/NEPA compliance review and environmental documentation. In addition to preparing environmental documents he regularly conducts peer review of CEQA/NEPA documents and serves as a strategic CEQA/NEPA advisor to public agencies. Prglect Experlerrce • Pasadena Studios SRO Project CEQA SB 743 Exemption (Pasadena, CA) • Heritage Square South CEQA Class 32 CE and NEPA Environmental Assessment (Pasadena, CA) • Summit Grove Project NEPA Environmental Assessment (Pasadena. CA) • Newhall Affordable Housing/Mixed-Use Project CEQA IS/MND and NCPA Environmental Assessment (Santa Clarita, CA) • MetroWalk Residential Project CEQA Sustainable Communities Environmental Assessment (Santa Clarita, CA) • Bouquet Canyon Residential Project CEQA EIR (Santa Clarita, CA) • The Village/Merrill Gardens Residential Care Facility for the Elderly CEQA IS/MND (Rolling Hills Estates, CA) I H y,rMd 1r1 i r.f,A 1 4 EXHIBIT 3 As Michael Baker's Task Managers, Brent Schleck. Frances Yau, and Peter Minegar will manage the assigned CEQA/NEPA projects directly with the City's Project Manager, be fully cognizant of the day-to-day technical issues, and develop consensus with City staff and the project team. i b 11�,, Brent will serve as NEPA/CEQA Generalist Task Lead. Brent will be assigned project management of awarded NEPA/CEQA document task orders. He will be involved with day to day coordination with City , staff, the environmental consulting project team, and other interested/responsible governmental agencies. Brent is a Senior Environmental Planner that manages and assists in preparation of CEQA and NEPA documentation for cities and public agencies throughout California. He has successfully assisted with and managed preparation of a range of CEQA and NEPA documentation for controversial projects, Such as CEQA categorical and statutory exemptions, Initial Studies, Environmental Impact Reports, NEPA categorical exclusions, and environmental assessments. Brent has a broad background preparing NEPA documentation for a variety of federal actions, such as HUD -funded affordable housing development, home rehabilitation programs, and infrastructure/public facility improvements. Brent's experience also includes preparing CEQA documentation for market -rate and affordable housing development, institutional and educational uses, and mixed -use development. Prior to joining Michael Baker, Brent prepared NEPA documentation for federal environmental regulations promulgated under the Marine Mammal Protection Act and coastal infrastructure projects funded through the Coastal Zone Management Act. daroier_t Experience • Salvation Army Hope Center CEQA Statutory Exemption and NEPA Environmental Assessment (Pasadena, CA) • Heritage Square South CEQA Class 32 CE and NEPA Environmental Assessment (Pasadena, CA) • Villa Jardin/Coral Gables CEQA Class 32 CE and NEPA Environmental Assessment (Sacramento, CA) • Sierra West Assisted Living Facility ISIMND (Santa Clarita, CA) FRANCES YAU, AICP I TASK MANAGER vv1 a NEPA/CEQA GENERALIST Years of Experience: 7 Frances will serve as NEPA/CEQA Generalist Task Lead. Frances will be assigned project management of awarded NEPAICEQA document task orders. She will be involved with day to day coordination with City staff, the environmental consulting project team, and other interested/responsible governmental Ms. Yau is a Project Manager at Michael Baker and is part of both the Environmental Sciences and Natural Resources teams. She draws from a diverse educational and work background that includes environmental planning, biological sciences, and urban and regional planning. She is knowledgeable in the management and preparation of environmental compliance documents for both public and private sector clients under CEQAINEPA. Ms. Yau has extensive experience in preparing CEQA/NEPA documents for a wide -range of projects, including programmaticlevcl General Plans/Specific Plans, mixed -use, commercial, residential, and infrastructure projects. prgjecl. Experience Bewley Street Townhomes ISIMND (Santa Ana, CA) • Tina -Pacific Neighborhood Development Plan EIR (Stanton, CA) • 3700 Riverside Drive Mixed Use Project EIR (Burbank, CA) • One Metro West EIR (Costa Mesa, CA) • 1007 East Victoria Strcct Project IS/MND (Carson, CA) EXHIBIT 3 As a Project Manager at Michael Baker, Peter provides environmental compliance and planning services to both private and public sector clients, specializing in CEQA/NEPA compliance (initial studies, negative declarations, EIP.s, and environmental assessments), long-range planning documents and current planning projects. Peter has a broad range of experience ranging from project -level analysis of housing development projects to program -level analysis to support a General Plan amendment. He has been involved in preparing environmental and planning documentation, as well as representing agency staff for a range of highly controversial projects subject to scrutiny by the general public, environmental organizations, and public agencies. Peter also serves as an in-house environmental manager for a number of local government agencies throughout the Southern California. Orciject. Experience • 611, Cycle Housing Element Update Addendum EIR (Riverside County, CA) • 611, Cycle Housing Element Update (City of Redlands, CA) • Alternative Housing Types Zoning Code Amendment IS/ND (Riverside County, CA) • On -Call Housing Element Support (San Bernardino County Transportation Authority) E:NVIIFiCtINIMEIN'll`AL GENERALIST STAFF RESUMES The following staff members will support our NEPA/CEQA Generalists is preparation of environmental compliance documentation. Visual / Hazardous Materials Analysis One Metro West EIR (Costa Mesa, CA) 3700 Riverside Drive Mixed Use Project EIR (Burbank, CA) 8633 Wilshire Boulevard Project CE (Beverly Hills, CA) Bristol Street Widening EIS/EIR (Santa Ana, CA) 3025 W. Edinger Townhomes MND (Santa Ana, CA) W. 5'1, St. Single Family Condominiums ND (Santa Ana, CA 35 Townhomes Categorical Exemption (Pico Rivera, CA) Santa Anita Avenue/Owens Drive Townhomes MND (El 6 CEQA/NEPA Docurrients . Bolsa How Specific Plan EIR (Westminster, CA) Visual Analysis Services • County of Riverside Housing Element Update Addendum (Riverside County, CA) • Las Ventanas Apartments EA (Long Beach, CA) CEQA/NEPA Documents 1-605/Katella Avenue Interchange Improvements Initial Transportation/Infrastructure Study/Environmental Assessment (Los Alamitos, CA) Park Place Extension EIR/EA (El Segundo, CA) • Jeffrey/1-5 Bicycle and Pedestrian Bridge and Jeffrey Open Space Trail (JOST) Project (Irvine, CA) Hazardous Materials 8633 Wilshire Boulevard Project CE (Beverly Hills, CA) Analysis 3700 Riverside Drive Mixed Use Project EIR (Burbank, CA) • Doheny Village Zoning District Update EIR (Dana Point, CA) EXHIBIT 3 TECFINICALTASK LEADS RESUMES As Michael Baker's Technical Task Managers, the following specialists will manage technical analysis requests, verifying the necessary scope of work with both City staff and ensuring consistency with project description assumptions, adequacy under CEQA and NEPA, and methodology assumptions. Biological Resources Analysis Sensitive Species Surveys FESA/CESA Permittino • TTM No. 36605 and 36608 (Corona, CA) • Arroyo Village Condominium (San Gabriel, CA) • Laguna Beach Village Entrance (Laguna Beach, CA) 23 VMT Analysis • City of Bradbury, Chadwick Estates VMT Analysis, Queuing Analysis Bradbury, CA, Traffic Engineer. Level of Service Analysis • Desert Housing Ventures, LLC. Cathedral City Residential Development, Cathedral City, CA, Traffic Enqineer. • City of Malibu, Pacific Coast Highway Median Channelization, Malibu, CA, Traffic Engineer. 25 Hydrology Assessment • City of Santa Ana, Santa Ana Storm Drain Master Plan, Water Quality Management Santa Ana, CA, Project Manager. Plans • OC Flood Control Master Plan, Orange County, CA, Project Manager. 16 Cultural Resources Assessment • Skyridge Residential Development Phase III Date Native ArnerrcartConsultation Recovery, Mission Viejo, CA, Principal Investigator Section 106 Assistance a City of Anaheim HP$RIASR, Anaheim, CA, Principal Investigator 11 1 listorical Resources • University of California Irvine, UCI — North Campus Assessment Project, Irvine, CA, Cultural Resources Specialist. Cultural Resources Assessment • 13861 Brookhurst Street Shopping Center Expansion Native American Consultation Project ISMND. Garden Grove, CA. Cultural Resources Assistance Specialist. The City will benefit from our teams rrtanagernent structure and long-term experience with .similar on -call contracts. Our deeps bench of resources will eYY.5c1re.5Ldl.:'cC.5.5frSl delivery cif tasks,for prciiect's that rnoy overleap, run Concurrently, orhave.shortened limelines. Michael Baker takes immense pride in our long-standing history of providing technically accurate and legally defensible CEQA and NEPA documentation to our clients throughout California for more than 40 years. We are firm believers that "experience matters." Our experience includes a vast resume with preparation of CEQA and NEPA documentation, including Initial Studies, Categorical and Statutory Exemptions, Negative Declarations ("ND"), Mitigated Negative Declarations ("MND"), Environmental Impact Reports ("EIR"), Categorical Exclusions, Environmental Assessments and findings of No Significant Impact ("EA/FONSI'), Environmental Impact Statements ("EIS'), and extensive experience complying with HUD -specific environmental guidelines and processes . This experience ensures successful delivery, on -time and within budget, of the any task order assigned underthis on -call contract and associated technical studies. A summary of Michael Baker's experience with CEQA/NEPA clearance documentation efforts is provided below. Additional representative experience is available upon request. • • • , • , ,' CEQA Categorical Exemption PA SADENA, CA Year Completed: Approved September 2020 Michael Baker \prepared a NEPA Environmental Assessment Client: City of Pasadena (EA) and CEQA Class 32 Categorical Exemption report for Contact: James Wong, Senior Project Manager Bridge Housing's Heritage Square South affordable housing project. The Project is a mixed -use development consisting of jwong@cityofpasadena.net commercial uses and affordable housing, with surface parking. 626.744.8316 The commercial portion of the project will be located on the ground floor of the proposed mixed -use building and would include approximately 7,500 square feet of retail space. The residential component of the Project will include 69 units of affordable senior housing plus one manager's unit. The residential units will be located on two floors above the commercial space and in an adjacent three- story residential building on the Project Site. The residential component will be permanent supportive housing for homeless seniors. As part of the CEQA and NEPA environmental document preparation, Michael Baker prepared an Air Quality technical study to quantify construction and operational emissions, a Noise analysis to determine compliance with HUD's noise guidelines, and a cultural resources identification and evaluation study to address requirements of Section 106 of the National Historic Preservation Act. Key issues: Affordable housing, mixed -use development; NEPA Environmental Assessment, CEQA Categorical Exemption. ..Ic IT(rt, U.,,01 1d I! 111... IO 1 /'J1 {" i M- r,,Yjfi .t(.' ..., ,,a /I" EXHIBIT 3 Initial Study/Mitigated Negative Declaration SANTA ANA, CA Michael Baker assisted the City of Santa Ana with preparation of an Year Completed: Approved 2020 IS/MND for the Bewley Street Townhomes Project. The project Client: City of Santa Ana proposes to develop a ten -unit townhome community distributed Contact Jerry Guevara, Assistant Planner among four separate two-story buildings, each with two to three JGuevara@santa-ana.org units. The units would range in size from 1,618 to 1,950 square feet, 714.647.5481 each consisting of two to four bedrooms and a 400-square foot attached two -car garage. The project would require the discretionary approvals of a General Plan Amendment and a Tentative Tract Map. The IS/MND included preparation of a detailed air quality, greenhouse gases, energy, noise, and cultural analyses. Key issues: Key issues analyzed as part of the document included construction -phase impacts (air quality, noise) due to the proximity to surrounding sensitive receptors. wool tutwknUry SCALeva-.1 0 NOR]H LLLVAI'ION sLnL211'1 o I,I c f {" Idi " rtl 4 EXHIBIT 3 Pa(Senate Bill 743) sadena Year Completed: Approved March 2021 Michael Baker prepared a CEQA Exemption, pursuant to Public Client: City of Pasadena Resources Code Section 21155.4 (Senate Bill 743) for the Pasadena Contact: Amanda Landry, Senior Planner Studios Project (project), which is an affordable housing project in the alandry@cityofpasadena.net City of Pasadena, California, which proposes to demolish existing 626.744.7137 improvements on the 21,128 square foot project site, including six residential structures, driveways, sidewalks, trees, fences, and a concrete wall, and develop a six -story, 181-unit residential building. The project would consist of a single, six -level structure that would include 180 single -room occupancy (SRO) residential units for income - eligible adults and a single manager's unit. The ground floor of the proposed structure would include 25 covered parking spaces (including one accessible space and seven electrical vehicle parking spaces) located in the rear of the site, a mail room, a lobby/reception area, electrical and mechanical equipment, an elevator bank, bicycle storage stalls, a garbage facility, as well as the manager's office and one - bedroom residential unit. The project qualifies for an exemption from CEQA pursuant to Public Resources Cade Section 21155.4 (Senate Bill 743), which exempts certain transit -oriented development projects from CEQA. Key issues: Affordable housing development, transit -oriented development, CEQA PRC 21155.4 Exemption. EXHIBIT 3 Tina -Pacific Neighborhood Development Plan Proje Environmental Impact Report i STANTON, CA Year Completed: Certified November 2019 Michael Baker assisted the City of Stanton with the preparation of an Client: City of Stanton Environmental Impact Report (EIR) for the Tina -Pacific Neighborhood Contact: Amy Stonich, AICP, City Planner Development Plan Project (project) located to the west of the Magnolia Avenue and Pacific Avenue intersection in the City of Stanton. The astonich@ci.stanton.ca.us project site is currently developed with 40 four-plex apartment buildings 714.890.4213 and was identified as a redevelopment site by the Stanton Redevelopment Agency in 2009, prior to the dissolution of the agency a couple of years later. The project proposes to acquire all remaining properties on -site, relocate existing tenants, and redevelop the site into a 161-unit multi -family affordable housing development. The project would be developed in two phases but both would be integrated into one cohesive residential community. Based on the availability of funding, amenities can include a community center and pool, tot lots, a preschool facility, and landscaped pedestrian walkways. The property acquisition and tenant relocation process occurrod concurrently with the environmental clearance process. Discretionary approvals required include a Precise Plan of Development, Tentative Tract Map, Street Vacation, Conditional Use Permit, Density Bonus Concession, and Planning Development Permit. Key issues: Affordable housing development, traffic/transportation analysis, air quality, noise impacts. N Yrf 4 1"L'V /� 1 ,', t I" ,I".,I 11 1f1 EXHIBIT 3 3700 Riverside Drive Mixed -Use Project Year Completed: In progress Client: City of Burbank Contact: Daniel villa, Senior Planner DVilla@burbankca.gov 818.238.5250 Michael Baker is currently assisting the City of Burbank with preparing a focused Environmental Impact Report (EIR) for the 3700 Riverside Drive Mixed -Use Project (project). The project site is currently developed with an existing carwash, including a pylon sign near the intersection of Riverside Drive and Hollywood Way that was deemed a potential historic resource. The project is proposing to demolish the existing carwash and redevelop the site as a seven -story, 80,582- gross square foot mixed -use building, consisting of 49 condominium units, 2,141 square feet of ground -level commercial use, a rooftop amenities deck, and surface and subterranean parking. The existing pylon sign would be repurposed and relocated to a different location on the site. The project requires approvals of a Development Review, Conditional Use Permit, Density Bonus Request, and Tentative Condominium Map. Key issues: Key issues are analyzed within the document include historical resources, air quality/health risk, greenhouse gas emissions, noise, historic resources, and transportation/traffic. f „rM�Y I,I 1 4 EXHIBIT 3 Michael Baker is assisting the City of Costa Mesa with the Year Completed: In progress preparation of an EIR for the One Metro West Specific Plan and Client: City of Costa Mesa Master Plan. The Specific Plan proposes a mixed -use development Contact Minoo Ashabi, AICP, Principal Planner that consists of residential, specialty retail, creative office, and open MINOO.ASHARI@costamesaca.gov space uses. The project is proposed to include up to 1,057 714.754.5610 residential dwelling units (anticipated to be rental units), 25,000 square feet of commercial creative office, 6,000 square feet of specialty retail, and 1.5-acres of open space. The project would also include off -site pedestrian and bicyclist improvements to Sunflower Avenue and a new bicycle trail connection to the existing Santa Ana River Trail to the west. All existing buildings, structures, parking areas, drive aisles, and hardscape/landscape improvements are proposed to be demolished. The proposed project requires approval of a General Plan Amendment, Zone Change, Specific Plan, Master Plan, Development Agreement, Tentative Tract Map. Tree Removal Permit and Public Art Plan. Key issues: Key issues include aesthetics, transportation/traffic, air quality, greenhouse gas emissions, and noise. Other issues include public controversy due to a City ballot initiative, Measure Y. EXHIBIT 3 Initial Study/Mitigated Negative Declaration/ Environmental Assessment RIALTO, CA Year Completed: Approved 2016 Client: City of Rialto Michael Baker prepared an IS/MND for City of Rialto approval under CEQA, and an Environmental Assessment for HUD approval under NEPA. Contact: R. Stan Smith, Project Manager The project consisted of a 64-unit multi -family affordable housing for low and SSmith@Related.com very low-income households to assist the City of Rialto with meeting its 949.660.7272 obligation to provide affordable housing pursuant to its Regional Housing Needs Allocation and further the Rialto General Plan Housing Element goals for the City, while promoting the production of safe, decent, and affordable housing for all within the comrriunity. The project was developed under the nine percent Tax Credit Allocation Committee (TCAC) Program administered by the State. The dwelling units were distributed within four buildings, each consisting of three floors with one, two, and three -bedroom stacked flats. The project site was designed to be served by public train and bus transit services provided by Metrolink and Omnitrans. The Rialto Metrolink Station is adjacent to the project site to the north. Existing Ommtrans Route 22 northbound far side and southbound near side bus stops are located 0.06-mile southeast and 0.15-mile northeast of the project site, respectively. Key issues: Key issues analyzed in the project consisted aesthetics, air quality, biological resources, community impacts, cultural resources, noise, public services, recreation, traffic, utilities, and mandatory findings of significance. r ;f i „ad 1r1 r .f' Iv I P 4 EXHIBIT 3 A i A t Year Completed Client: Michael Baker prepared a NEPA Environmental Assessment (EA) and CEQA Affordable Housing Exemption report for the Salvation Contact: Army's Hope Center Project in Pasadena, California. The project proposes to demolish an existing, two-story office building jwong@cityofpasadena.net constructed in 1964, and in its place, construct a four-story mixed -use 626.744.8316 building on the southwest corner of the intersection of East Walnut Street and North Catalina Avenue. The first floor of the structure will be operated by the Salvation Army, providing social services for the residents of the Project and for low/moderate-income people in the community. The second, third, and fourth floors of the structure will include 65 units of permanent supportive housing for single adults with incomes at or below 30 percent and 40 percent of area median income, and who meet the U.S. Department of Housing and Urban Development's definition of homeless. A subset of units will be restricted to Veteran's Affairs service -eligible homeless veterans. Approved Septemher 2020 City of Pasadena James Wong Senior Project Manager As part of the CEQA and NEPA environmental document preparation, Michael Baker prepared an Air Quality technical study to quantify construction and operational emissions, a Noise analysis to determine compliance with HUD's noise guidelines, and a cultural resources identification and evaluation study to address requirements of Section 106 of the National Historic Preservation Act. Key issues: Affordable housing development, NEPA Environmental Assessment, CEQA Statutory Exemption (affordable housing, per CEQA Guidelines Section 15194) r f , ,ad 1r1 r �, Iv I P 4 EXHIBIT 3 WESTMINSTER, CA Michael Baker prepared an EIR for the Bolsa Row Specific Plan. Year Completed: Certified June 2018 Bolsa Row is located at the southeast corner of Bolsa Avenue and Client: City of Westminster Brookhurst Street in the City of Westminster. The six -acre site is Contact Steven Ratkay, AICP, Planning Manager surrounded by commercial uses and a few single-family residential 714.548.3484 homes to the north, a mobile home park to the east, apartment homes to the south; retail and apartment homes to the west. The Bolsa Row Specific Plan would allow for the following uses hotel with up to 150 rooms, assembly, up to 20,000 square feet with a limit of 650 people for regular events (this may be increased for festivals and other community events); retail, up to 45,000 square feet of gross floor area; and residential, up to 205 units. Vehicle circulation is designed to separate the various users of the site, provide multiple route options and rninirnize conflicts with pedestrians. At the heart of the circulation system is the Festival Street, which serves as a shared vehicle and pedestrian zone and can be closed for community events. The system is designed to accommodate this closure while still allowing the uses on -site to function. Key issues: Key issues included hazardous materials, noise, air quality, greenhouse gas emissions, and aesthetics. f „rM�Y I,I 1 4 0 The Michael Saker team has partnered with trusted, well-known ,firms with extensive experience delivering technical services related to hazardous materials. A A e A Roux and Associates, Inc. (Roux) was built upon management and cleanup of large, complex environmental remediation projects, including Superfund sites, chemical and manufacturing plants, and petroleum refineries and distribution terminals. Roux's organization applies sophisticated scientific, technical, and managerial resources to develop and irnplernent effective, efficient, sustainable solutions. Today, Roux offers a much broader array of consulting services as an employee -owned company with over 300 environmental professionals in a variety of science, economic, and engineering disciplines. Roux's California operation, including our Southern California office, was started in 2011 and includes 60 professional engineers, geologists, and scientists. Roux's dlents span sectors in Real Estate, Government/Municipal, Mari ufacturirig/Industrial, Energy, Legal, and Insurance. �i ��- Panacea, Inc. (Panacea) provides asbestos and lead services designed for the specific needs of our clients. mr�n �,, Our certified asbestos consultants have surveyed hundreds of structures, including residential buildings, �d schools, and commercial/industrial buildings, for the presence, extent, and location of asbestos-containing f materials (ACMs) and lead -based paint (LBP). Panacea personnel are experienced in and knowledgeable mi about the design of abatement contract specifications and the on -site monitoring of abatement projects. Attention is fonised on efficient, practical solutions designed to address The range of prohlerns assorinted with ACMs and LBP. .I( IT(li, Id, rut 1d I; 111... HMO 1 /'J1 {" i M -F,',Yjfi .i(,' , " ,,.i /0" EXHIBIT 3 ROUXASSOCIArES, INC Mauncio will be the main point of contact with Roux Associates and will manage assigned task orders as issued. Professional Geoingist with over twenty-five years of experience designing, managing, and implementing environmental soil and groundwater investigations and remediation strategies for public and private clients. Experience as in-house consultant assisting with management of a $2bMM yearly remediation portfolio for a Fortune 100 Company. Practice developing and implementing high-level strategies that consider legal and regulatory issues, communications, and government relations, as well as technical challenges and costs. Substantial experience evaluating and remediating industrial, commercial, and residential sites impacted with numerous contaminants in multiple media, including crude oil, fuels, volatile organic compounds, chromium VI, 1.4-dioxane, and PCBS. Extensive experience managing implementation of remediation programs that utilize and consider multiple technologies including soil vapor extraction, dual phase extraction, traditional pump and treat, in -well stripping, air sparging, chemical oxidation and reduction, thermal treatment, and natural attenuation. Significant field experience using numerous drilling, soil sampling, groundwater sampling, and soil vapor sampling techniques. PrgJect E)g7erdence • City of Santa Ana, Bristol Street Expansion, Principal • City of La Verne, Metro Gold Line Authority, Principal • City of Irvine. El Modena Channel, Principal • City of Costa Mesa, Sunflower Avenue, Principal II), w t+rlln rli(,,n I'llO r i i11 Iry ✓,r r ( , , �Y I 1u1,, 1 'o" n EXHIBIT 3 PANACEA, /NC Fiber Sampling and Evaluation, 40-Hazardous Waste OperationsTraining, California Contractor's License 4761076 A B, and HaL Mat. Michael will serve as a Technical Task Lead for asbestos and lead sampling investigations. He will oversee this specific technical task and be responsible for ensuring successful completion of each task, as well as ensuring that the City's goals and expectations' are being met. Mr. Chou is an American Board of Industrial Hygiene Certified Industrial Hygienist (CIH), a California Division of Occupational Safety and Health Certified Asbestos Consultant (CAC), and California Department of Public Health Certified Lead Consultant (CLC) (various disciplines). He is one of the few Lead Consultants who has been certified for all DPH's certifications, except for worker's certification. Mr. Chou has over 33 years of experience in areas of industrial hygiene and environmental sciences and engineering consulting Mr. Chou's project experience includes IAQ-, microbial-, asbestos- and lead -related consulting services, and other industrial hygiene consulting services. He has performed numerous IAQ, microbial asbestos, lead, and/or industrial hygiene studies for more than 2,000 different projects/buildings. Pr(.Ject Exr)erlence • City of Anaheim, Asbestos Survey, Principal / Project Manager • City of Santa Ana, Asbestos and Lead -Based Paint Survey, Principal 1 Project Manager • City of Cost Mesa, Asbestos Survey, Principal / Project Manager • City of Lake Forest, Procedure 5 Asbestos Oversight, Principal / Project Manager hlr, w t+rlln ifi(,,n I,llO r i i11 Iry ✓,r r ( , , �Y I 1u1,, 1 "', n a .Jai fly [;,'a v a r,.a A., rv`'mffif Manner City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 927D1 JGuevara@santa-ana.org 714.647.5481 (phone) 714.973.1461 (facsimile) Contract Amount: $63,200 Year. 2020 DescrigWon of rrivironrnerpt al Services Provided: Michael Baker International prepared a CEQA Initial Study/Mitigated Negative Declaration for the Bewley Street Townhomes Project located in Santa Ana, CA. lain^: x R�frcrvroap °s`adrvn iar 9'd ao�asa, a B �',rndrfivrta¢^e City of Pasadena 100 North Garfield Avenue Pasadena, CA 91101 jwong@cityofpasadena. net 626.744.8316 (phone) 626.744.8330 (facsimile) CoirUactArrrount: $91,000 Year: 2020 t:DescriPtdon of kiienrpronmcntai Services Provided: Michael Baker International prepared a NEPA Environmental Assessment and CEQA Categorical Exemption, funded in -part by U.S. Department of Housing and Urban Development funds, for the Salvation Army Hope Center Project located in Pasadena, CA. Anay: oria,h,Jwli;1> toady llbk a ff;v City of Stanton 7800 Katella Avenue Stanton. CA 90680 astonich@ci.stanton.ca.us 714.890.4213 (phone) 714.890.1443 (facsimile) Corifirrcact Amount: $150,500 Year: 2019 Qescrlgation or Environmental Services Provided: Michael Baker International prepared a CEQA Environmental Impact Report for the Tina -Pacific Neighborhood Development Plan Project located in Stanton, CA. EXHIBIT 3 B— Proposers Statement and Proposal Itcm Pricing C— Ac,ditional Insured Endorsement for Commercial General Liability Policy D — References acid Relevant Work History (Past 10 Years) E — Proposal contract and Agreement — Proposers Statement F— Proposal Contract and Agreement — certification of Nondiscr urination by Contractor G — Non-Collus.or) Affidavit 1To It ]Ii'lIn II0,"'d( I- I u0 !' iIII!N rd %. F l 17'm /r: () If �,fII) ill C—Additional Insured Endorsement for Commercial General Liability Policy (page 1) EXHIBIT 3 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR. COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company Continental Casualty Company This endorsement modifies such insurance as is afforded by the provisions of Policy # _ 6078988680 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701 ; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds-") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With recpcot to the additional incuredo, thin inourancc oholl not be eanoclled, or materially reduocd in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 8/30/2020 Policy # 6078988680 Issued to Michwl Baker International, Inc. this endorsement form as part of Name Insured Countersigned by:� Authorized Representative City of Santa Ana Community Development Agency Request for Proposals for Environmental Services Housing Division Page 12 s [ M1, . I. P,: I , ! ,, n, I I ; I I I ; C 1.. III 1 / . 1 I v I I d 1; 11, " i,, . , , , , 11,f a� , I C—Additional Insured Endorsement for Commercial General Liability Policy (page 2) EXHIBIT 3 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company Continental Casualty- Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 6078988730 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701: its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds-") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With rcopcot to the additional insureds, thin insuranoc shall not be cancelled, or materially reduocd in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 8/3012020 Policy # 6078988730 Issued to Michael Linker I01Crnati0nal, Inc. this endorsement form as part of Name Insured Countersigned by: Authorized Representative City of Santa Ana Community Development Agency Request for Proposals for Environmental Services - liousing Division Page 12 r.,f,i,"d1 , I ) I " C 1 i10 I / , � Iv iiN i:'J^ n` :•h.' ...�iI,J rir ,n EXHIBIT 3 D— References and Relevant Work History (Past 10 Years) (page 1) TO BE INCLUDED IN PROPOSAL EXHIBIT D CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION List and describe fully the contracts performed by your firm which demonstrate your ability to provide the services included in the scope of services. Attach additional pages if required for additional references. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name: City of Santa Ana Address: 20 Civic Center Plaza Santa Ana, CA 92701 Contract Amount: $63,200 Contract Individual: Jerry Guevara Phone Number: 714-647-5481 Facsimile Number: 714-973-1461 Year: 2020 Description of environmental services provided: Michael Baker International prepared a CEQA Initial Study/Mitigated Negative Declaration for the Brevvley Street Townhomes Project located in Santa Ana, CA. Reference No. 2 Customer Name: City of Pasadena Address: 100 North Garfield Ave. Pasadena, CA 91101 Contract Individual: James Wong Phone Number: 626-744-8316 Facsimile Number: 626-744-8330 Contract Amount: $91,000 Year: 2020 Description of environmental services Michael Baker International prepared a NEPA Environmental provided: Assessment and CEQA Categorical Exemption, funded in -part by U.S. Department of Housing and Urban Development funds, for the Salvation Army Hope Center Project located in Pasadena, CA. City of Santa Ana Community Development Agency Request for Proposals for Environmental Services - Housing Division Page 13 ,i,,1r. rrr ?:Vr!,., ,of i;n r: [r {. i10 li/'ri1 ti^ i N it1/� n i:. h.' �...,� J ii�i'1 D— References and Relevant Work History (Past 10 Years) (page 2) EXHIBIT 3 Reference No. 3 Customer Name: Address: City of Stanton 7800 Katella Avenue Stanton, CA 90680 Contract Amount: $150,500 Description of environmental services provided: Contract Individual: Phone Number: Facsimile Number: Year: Amy Stonich, AICP 714-890-4213 714-890-1443 2019 Michael Baker International prepared a CEQA Environmental Impact Report for the Tina Pacific Neighborhood Development Plan Pro)ect located in Stanton, CA City of Santa Ana Community Development Agency Request for Proposals Environmental Services - Housing Division Page 14 ri,.l,. (, I is l , !,, , ,G 1 I, II I ; 1, l ,, IIil II / , I 4" i d I, I fi , i:• I(, ' "" " ) A`, i '1 EXHIBIT 3 E — Proposal Contract and Agreement — Proposers Statement TO BE INCLUDED IN PROPOSAL EXHIBIT E CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana (hereinafter the City') shall constitute the entire agreement between proposer and the City only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and the City's legal holidays), or the funds, check, draft, or proposer 's bond substituted in lieu thereof accompanying this proposal sllall becoi i is the pi operly of the Oily at id shall be considei ed as Pap i icitt of daiiiayes due to the delay and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to ascertain, otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Owners, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP_ Michael Baker International, Inc. FIRM Richard Beck SIGNED AND PRINTED NAME Vice President TITLE City of Santa Ana (,onvilunit'y f)eveto Pmgn'I'. Agony Requestfor Proposals Environmental Services - Housinfr Division Page IS 3/19/2021 DATE A;(,., , Prl,f I!, ,Tol i.,nr: 1.l{-i10 I],/, lI f^id 1,"r, .:.h.' ",', ) I ilii1 EXHIBIT 3 F — Proposal Contract and Agreement — Certification of Nondiscrimination by Contractor (page 1) TO BE INCLUDED IN PROPOSAL EXHIBIT F CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or any other protected class. 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, national origin or any other protected class. 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, statethatall qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or any other protected class. 3. The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workersrepresentatives 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 constructionrservices contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 16 jl;l,, pII Q.I��r,i r01 I; II I; i,l (. lid 11/ 111 4, I I R''!I^ fi ,';=I(," " ,, ) I � � i , EXHIBIT 3 F — Proposal Contract and Agreement — Certification of Nondiscrimination by Contractor (page 2) 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 8. Contractor may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735. as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry. physical handicaps, mental condition, marital status, sex of such persons, or any other protected class, except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed for a violation of the Chapter. Michael Baker International, Inc. �/7 «°6'r Richard Beck SIGNED AND PRINTED NAME Vice President 3/19/2021 "1I T LE DA fE City of Santa Ana Community Development Agency Request for Proposals Environmental Services — Housing Division Page 17 [,i,,t"P11,fII ., ,To i �'in1, 1,1 {, 110 11/,1I ti' i d I, I,, r, . =h.' " " " J I I r � i 1 G — Non -Collusion Affidavit (page 1) EXHIBIT 3 TO BE INCLUDED IN PROPOSAL EXHIBIT G CITY OF SANTA ANA COMMUNITY DEVELOPMENT REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES HOUSING DIVISION PROPOSAL. AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA, In »annrrtanrp with Title 23 United States Code Section 112 and Public Cnntmi-t Cnde 71m the PROPOSER 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSFR, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER. or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note. The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit . PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California p �" County of L� e�-C 1=c� �� l� �c`v`�-t LJc-✓< _y 5u0scrlbed and sword to (ul affititivd) bcfurc me un tlds __ day of , 20._.-,. . by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal City of Santa Ana Community Development Agency Request for Proposals f.nviron rnenta l Services — Housing Division i%,x ��(� d/ ,-�✓I/ `�C�-, Page lfl �r'CC y�vdSiOli<//.Ot. EXHIBIT 3 G — Non -Collusion Affidavit (page 2) CAW WORMHA JURA T WITH AIFRAPAT STATEMENT GOVERNME-NT CODE 5 i3202 r e Att y(I¢vf DOU n n1 (Not v r t, :,CC ` t,p1 nit•nY Qf i(w rl 1 6 i) r,f- Ort y r(y 110( Ut'lril ', r,jngf(`( f r,f NW,ry) 4yrrature of Orrc umFnt Sfyrrt:r No 7 ;rgn,tun? Of !)r)aumF,-ry Rr<7rrrr N(, ? (d an Y) A r �,Pdry I1) , ,, 01t 0, ( (c, tl.rnplpi r y Rii% (v l (1 . 11I v6, 1 _. CIcn.�111n rlf thf (,milt' 0l0T triL r(Iv(1 tivl( ,r1np,�Ih6^ - t t0 wf rtr,;n to �rt frC J[Q � 4[1.1<f,r,ti, 3nrr rvti InN trvJtM flr � , nrf,' rm,y r , vlt,�61) 01 In9f 0, __...._ � JCL n-nf, ifdtC O[ Gt1 ft"frt,a County Uf f"r y G_tn sJ sL- CIIDY QH CT0 Notary g. O Ca Oforni� Ou OLlry Camtmss,on i E331937 Okml Cr ttt - Evplrn am 10. 102+ `ir:t! Place NO&wry SL,21 Afx)ve, Sub_cnbed and Sworn tU (Uf affirm(r(J) befOr@ mo On. the i %T- day of 0'(0-y t�t.. 20,)_./.. r,y Date Month ycaf (and (2)__.._.._— Narne(s) pf Slgnor(s) PrOvP0 10 me On 'lire basr Of salisfactory Evid@nep; to be the person(s) whio ap(leare f before me_ ignritur'. Of NOtary PuGlic -- __..... ... OPTIONAL...._.........— lhough rf e5 et_c❑fin 6 (if.trgnB! wmpleGny thfr intern r.iLnry cart ($.fer altera(mn (>f [he Cii s'[u urnt Or fraefUulen[ rearfurf vneot ul rt„s f(gnn t0 an urtintHr¢1e<f c10cuAlertf Description of Attached Document IdL+or Type Uf Documentr 9,� fL �(',`Yx �..... Otxx>•HaHai Datf+_ Nwnbier Of P,1(1frs Sl91ot!f of Otn(-r Th,n) Nam(id Above' wwri NI13 (wo N(tery curt! I tiMM NUTAW (1 IT()() 61t CiWO 1, If"610 i:,(,f,. I.P,:1,!,.,11 ,1)1: 1. 1 11 If't:11v iIN 1:'J^ n` :•h.' ...�il,( a,n EXHIBIT 3 EXHIBIT B COMPLNSATION Fee Proposal including hourly rates it applicable City Council 15 — 204 7/6/2021 EXHIBIT 3 B — Proposers Statement and Proposal Item Pricing TO BE INCLUDED IN PROPOSAL EXHIBIT B CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR ENVIRONMENTAL SERVICES - HOUSING DIVISION PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE Certification — I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of work requirements. I am familiar with all of the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. FEE SCHEDULE Please provide a list of environmental services and forms that the firm has provided and can provide to the City, along with a proposed fee schedule. Please see. section H of our submittal. Michael Baker International, Inc. 949-472-35051949-472-8373 LEGAL NAME OF COMPANY PHONE AND FAX NUMBER 5 Hutton Centre Drive. Suite 500, Santa Ana, CA 92707 BUSINESS ADDRESS Richard Beck Vice President OF AUTHORIZED AGENT TITLE ./ 3/1912021 rbeckCtPrnbakenntl com 25-1228638 Not applicable FEDERAL ID NO. (IF APPLICABLE) CONTRACTOR LICENSE NO. (IF APPLICABLE) City of Santa Ana Cornniunity Di'.vMopmonl Agency Request for Noposals for I. rivironmeritaI Services - Housing Division Page I. I. "AA,1" (,IT,lI!' ,To1 i' H, 1,1 {_ i1 Ii/,1 v iid '",7" �:•P,' ,,,,Ih) a-r1 The following are Michael Baker's hourly rates. Each calendar year, Michael Baker and City staff will review of rates by the Michael Baker team for escalation supported by current Consumer Price Index. Michael Baker will provide a project -specific Scope of Work and associated fee schedule for each task issued. The fee schedule will be provided in a detailed spreadsheet and will identify the cost for each task and subtask as described in the Scope of Work. The fee schedule will include all labor and reimbursable expenses for Michael Baker and subconsultants (if required). ■cntn16"L;Qm. �(nj til.. +".�h.,i'i�io�.' ,n9Y,' .�I I N T E R N A T 1 0 N A L Project Director $300 - 325 Principal $280 - 310 Program Manager $270 - 290 Project Manager $250 - 270 Technical Manager $180-250 Senior Environmental Specialist $120 -180 Structural F❑ ineer $195 - 215 Senior Engineer $190-215 Senior Planner $180 - 195 Flecfricnl Fnr ineer $175 - 180 Biologist $120-180 Landscape Architect 160 - 175 Project Engineer 160 -185 Design Engineer/Senior Desi nedSurve Analyst $155 -165 Senior GIS Analyst $150 -160 Project Planner $130 -180 Environmental Specialist $110 - 145 GIS Analyst $135 -155 Designer/Planner $120 -150 Project Coordinator $120 - 150 Environmental Analyst/Staff Planner $110 -130 Design Technician $115 -125 Cra hic Artist $105 - 125 Asslstant En Ineer/Planner $105 -115 Permit Processor $90 —100 Engineering Aid/Planning Aide 90 -100 Office Su orl/Ment;A Charge Price/Unit $90 -110 Charge Price/Unit CARD A. Cos[ Re roduclion - B&W Regularr O.OG Commtnlcatnons At Cost Reproduction - B&W Oversized 0.12 Computer wage E -i ne ii and Supplies Ai Cost Al: Cost Reproduction - Color Regular Reproduction - Color/Oversized 0.40 0.60 Mileage Current IRS Rate All subconsultants will be billed at costs plus 10 percent. ;l ," Iv II ill id rddi . [ r I r I /r d,_ r0 1 r , rl I ,, _r , ( v ;( r l I I ,l .I 1 /o ,rl Community Development Agency www.santa-ana.org/cd Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Award Youth Agreements Funded with Federal Workforce Innovation and Opportunity Act Fund to Three Providers. AGENDA TITLE: Award $435,000 of Workforce Innovation and Opportunity Act Formula Youth Funds for Program Year 2021-2022 to Three Providers (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements to award $435,000 in Workforce Innovation and Opportunity Act youth program funds to the following recipients for a one- year period beginning July 1, 2021 thru June 30, 2022, subject to non -substantive changes approved by the City Manager and City Attorney. 1. Orange County Children's Therapeutic Arts Center to provide occupational skills training in the areas of office administration, mental health paraprofessional, and childcare worker certification, offer job preparation, paid work experience, tutoring, mentoring, counseling, and supportive services, for 20 youth in the amount of $160,000. 2. Orange County Conservation Corps to provide alternative secondary education that leads to a high school diploma, credential training in forklift operator, safe food handling, customer service, computer software, job preparation, paid work experience, post -secondary education resources, and support services for 14 youth in the amount of $115,000. 3. Charitable Ventures of Orange County dba Project Kinship to provide training in customer service, forklift operator, guard card, and silk screening, provide job preparation, paid work experience, mentoring, counseling, civic engagement, internships, post -secondary education resources, prepare participants to enter training in the electrical and welding certificate programs, and supportive services for 20 youth in the amount of $160,000. City Council 16 — 1 7/6/2021 Award Youth Agreements Funded with Federal Workforce Innovation and Opportunity Act Fund to Three Providers. July 6, 2021 Page 2 DISCUSSION At the special meeting held on June 81" of the Workforce Development Board Youth Council, by a vote of 5:0 and 2 abstained (Alegre, Sandoval, Varnum absent), the Youth Council recommend the youth agreements with Orange County Children's Therapeutic Arts Center, Orange County Conservation Corps and Charitable Ventures of Orange County dba Project Kinship be renewed. The Santa Ana Workforce Development Board (WDB) authorized the release of a Request for Proposals (RFP) in November 2018 seeking organizations to provide Workforce Innovation & Opportunity Act (WIOA) youth services and to establish a list of qualified youth providers for a four-year procurement period of July 1, 2019 to June 30, 2023. The Youth Council reviewed and ranked the proposals from one to eight. This ranking is valid for a four-year period and available to award WIOAfunded youth contracts thru June 1. 2023. On May 14, 2021, the state released Information Notice WSIN 20-62 with final WIOA Formula Allocations for PY 2021-22. Santa Ana's youth allocation is $751,794 which is a reduction of $76,326 from last year's allocation. Staff recommends contracting with the top three RFP ranked proposal organizations as follows: Organization Services # of Youth Contract Served Amount OC Children's Serve Youth with disabilities & Therapeutic Arts foster youth; Exec. Admin 20 $160,000 Center Cert; Childcare Worker Cert; Paid WEX Charitable Ventures of Serve Probation Youth, Orange County Guard Card, Forklift Cert; Silk 20 $160,000 dba Project Kinship Screening; Paid WEX Serve Probation Youth, OC Conservation Corps Construction Training; Forklift 14 $115,000 Cert; Customer Service Cert, Paid WEX Total 54 $435,000 The Youth Providers recommended for funding are on track to meet or exceed all WIOA Youth Performance Measures for the program year that has recently ended. In addition, per federal regulations, Youth Providers are required to collectively enroll and spend 80% of funds on Out -of -School Youth and 20% of funds on work experience activities under WIOA regulations. City Council 16 — 2 7/6/2021 Award Youth Agreements Funded with Federal Workforce Innovation and Opportunity Act Fund to Thrss Providers. July 6, 2021 Page 3 FISCAL IMPACT Funds in the amount of $435,000 for these agreements are available in the WDB Youth Council, Payment to Subagent account (account no. 12318750-69135) of the Fiscal Year 2021-22 budget. EXHIBIT(S) 1. Agreement — Orange County Children's Therapeutic Arts Center 2. Agreement— Orange County Conservation Corps 3. Agreement — Charitable Ventures of Orange County dba Project Kinship Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 16 — 3 7/6/2021 EXHIBIT 1 AGREEMENT UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 61^ day of July, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Children's Therapeutic Arts Center, a non-profit corporation identified by the assigned Data Universal Numbering System (DUN,S) Number W 43179,1 ("SUBRECIPIENT"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) tinder the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-I28 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive faderal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program"). D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subjcet to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Perfbnnance Indicators contained in "Exhibit B", per 2 CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRhCIPIENT otheuise provided for hereinafter_ City Council 16 — 4 7/6/2021 Page 1 of 17 EXHIBIT 1 B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, inclAing Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the NAIIOA", attached hereto as "Exhibit E" and incorporated herein as though folly set forth in 20 CFR 65R.411. SIJBRECIPIENT shall advise Participants of theirrights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal govertunent refitting to the complaint shall be binding and followed by SUBRECIPIFNT. SLIBRFCIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply filly with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.Q. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of tho Civil Rights Act of 1964, as arnended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assunwee- H. SIJBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and nevi ow requi rem tints: I. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the tbtm and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to. participants' attendance, payroll 0iop(Jewiddob duty statements. 16 — 5 7/6/2021 Page 2 of 17 EXHIBIT 1 2. SUBRECIPIENT agrees to forward to the Santa Ana WORK Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores fort, Workforce Innovation and Opportunity Act 1ixit form upon completion/termination of active enrollment of participant, and the Workforce Innovation and Opportunity Act Follow -Up form within 15 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana WORK Center Administration. 3. CITY, the State of California and the United States goverment and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, records of SUBRECIPIENT SUBRECTPIENTs, bookkeepers, accountants, employees and Participants related to this Agrecmait. Such agencies or representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the perfomiance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECII'1EN1 shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative ptnposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the am" den already expended by SUBRRC1PI1311'El&reunder, as this is a casl7k@12fttsement contract, Accounting records must be supported by such source documentation as invoices, bills, Page 3 of 17 EXHIBIT 1 statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents (2 CFR §200.101(13)(2)), SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California, 92701, by the tenth (loth) day of the inonth following, the month in which SUBRECIPIENT'S services are per(onned. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing Such written notice, CITY shall have the option to dcobligatc SUBRECIPIENT 's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof_ SUBRECIITENT shall either return to the CITY excess revenues over costs or Ilse such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all fiords in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRF.CTMF.NT'S own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA fiords received from CITY, in accordance with the Act, 2 CER 200.i00. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SITBRECTfIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N, SUBRF,CIPIF.NT shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O_ SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the US. Office of Metnagement and Budget (OMB) rind all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 ChR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that eftcci in a form as set forth in "Exhibit F," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT undo the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug-fi-ee work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit Cam' attached hereto and incorporated herein by this reference. City Council 16 — 7 7/6/2021 Page 4 of 17 EXHIBIT 1 R. SUBREC1PIiiNT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of' child and family support obligations and shall fully comply with all 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 state Family Code; and, to the hest 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 Employee Registry maintained by the California Employment Development Department (F.DD), S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance tin Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit H"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBREC:IPIENT agrees to provide priority of services for veterans and eligible Spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECII'IEN'l acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this rant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance wi0i the State of' California guidelines fury such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with W1OA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CIi Y'S OBLIGATIONS A. On May 14. 2021, the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $751,794.00 for fiscal year 2021-2022. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $160,000.00 for SUBRP.CIPIENT'S pertonuanee in accordance with the Budget attached hereto as "Exhibit D" and incorporated herein by reference, during the period of this Agreement. Said sum shall be pail after CITY receives invoices submitted by SUBRECIPIENT as City Council 16 — 8 7/6/2021 Page 5 of 17 EXHIBIT 1 B. Putsuant to 2 CFR §200.331(a)(4), the htdirect Cost Rate for the SUBRECIPTENT's award shall he an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minions indirect cost rate as defined in 2 CFR §200-414(b) Indirect (F&A) costs. C. SUBRECTPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget arnotmt does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least atmually. In addition, monthly desktop reviews of pertinent information will be conducted- E. CITY has the right to de -obligate the fiords hereunder, and take such funding back from SUBRECIPIENT, due to tiny of the following reasons: (a) lack of perfornhtmce by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. III. TERM OF AGREEMENT A. This Agreement shall commence on July 6, 2021, and all duties arising tinder this Agreement shall have been performed by June 30, 2022. Thu Tern of this Agreement may be extended by a writing executed by the City 'Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether horded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. STBRECIPIENT must suhmit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terns and conditions of the Federal award; 2. Unless the CITY autborixes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period ofperforinance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly re&md any balances of taiobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See 01MB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT rhmst account for any real and personal property acquired with Federal hinds or received fi-om the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329, and, City Council 16 — 9 7/6/2021 Page 6 of 17 EXHIBIT 1 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. IV. INDF.PF.NDF.N"I' CON-I'RACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it lie construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exLrcise discretion or control over the professional manner in which Consultant pLrforrns the services which are the subject matter of this Agreement; however, the services to he provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND TMPLOYTR'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENTunder this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired Linder this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, pair I abor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as all Equal Opportunity employer. VI. APPLICABLE GtiIDELINES A. The parties hereto agree that SUBRECIPIFNT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit R) and general program requirements described in Sections 2 and 116 or the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though hilly set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for Youth: (a) Percent of Participants who arc in education/training activities, or in unsubsidized employment during the 2n° quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidizel employment during the 4" quarter alter exit; (c) the median earnings of Participants in ansuhsidized employment during the 21 quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma durinp participation or within 1 year after exit; (c) Percent of Participants who, during 00y4-AAHrj are in education or training that leaf toMecoVized postsecondat$/0fgntial or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. Page 7 of 17 EXHIBIT 1 SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, State, and local law. 2. SUBRECIPIENT shall comply with Title VIT of the Civil Rights Act of 1964 (P_L. 83-354) and in accordance with Title VIT of the Act, requiring that no person shall, no the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all 'fcoleral laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents refitting to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of arty program under the Act shall discriminate with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political afliliation or bclicts. 7. SUBRECIPIENT shill maintain appropriate standards for health and safety in work and training situations. S. Sl IBRECIPIENf shall comply with general provisions, assurances, and execute the Assurances and Cetifieations attached hereto as "Exhibit V and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT' for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employe'/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to he served, or likely to he directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFTi 37.35, SURRECTPTENT must talce reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, turd the size and concentration of the population that needs services or information in a language other than English. City Council II. SUBRECIPIENT cetit9c$6thatlall property, finished7/®r20iftrishcd documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of Page 8 of 17 EXHIBIT 1 in accordance with the direction of the CITY. In addition, any tools and/or equipment Lmishcd to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this Agreement, will he limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12_ SU13RECTPIENT certifies that this Agreement does not provide £or the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within SCventy-four (74) days of invention, devclopmLiit or assembly, The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14, rNVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Lahor (DOT) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOT, shall determine whether to seek Protection oft the invention or discovery. The DOL and its representative shall determine how the ripitsin the invention or discovery, including rights tinder any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy, 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to pennit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -rice, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) 7I10t9cooWdl in arty work developed tinder any lgantl tub -grant, or contract 7MA202 krant or Subg ant, (b) Any right of copyright to which a grantee, subg1anteC or a SUBRECIPIENT purchases Page 9 of 17 EXHIBIT 1 ownership with grant support; and, (c) SIBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. if the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC_: l R75(h)]; Section 508 of the Cletat Water Act (33 USC 1365); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIEN I'assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) it will niftily the CITY and the EPA about any known violation of the above lawn and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers raid employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b_ Fmployment of Former State or CITY Employees_ SIJBRF.CIPIENT will ensure that any o f its employees who were formerly employed by the State of California or CfFY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting RUSineSS Involving Relatives, No relative by blood, adoption or marriage of airy executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or cmplo)micnt with, SUBRECIPIENT. d. Conductine Business Involvinc Close Personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise clue dilige1i5 j @y)R} &jtuatious which give rise to an asser �_ avora e treatment is M� fitted to friends an associates. When it is in the public interest for SUBRECIPIENT to conduct business with Page 10 of 17 EXHIBIT 1 a fiiend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a pemranent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement hinds will be used solely for pur)roses asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organi7.ation which the mc-rnber directly represents. f. Salary and Bonus Limitations. .all Subrecipients of WIOA program hrtrds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-144, Section 7013. VIL HOLD RAI MLESS A. SUBRECIPIENT shall indemnify and save harmless C IY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shrill defend, indemnify arid save barmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the ncglignt acts, errors or omission of SUBRECIPIENT, its employees or subcontractorv_ B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or inj uries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indenui fy and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefbre, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. Vill. INSURANCE 1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force during the tern of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of Calitbrnia, CITY, and SUBRECIPIENT against any liability fnr accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate average. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to caneell(gjfpCMj %CITY, its officers, agents, employed ang4iolunteers, and the StaytW¢(qjrtjifomia, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to Page I I of 17 EXHIBIT 1 any other coverage or self-insurance of the State or California and CITY (in substantially the form as Exhibit J , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. SIIBRECIPTENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at leant $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require employees, Participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT sliall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the tern of this Agreement fall Workers' Compensatinn insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY" at least thirty (30) days written notice of cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq_ 4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe enviromnent, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. C.eilificautes trncl endorsements must he submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY, IX. CORPORATESTATUS All corporate SUBRECIPIFNTs shall be in good standing, without suspension by the California Secretary of State, Franchise Fax Board or Internal Revenue Service. Any change in corporaCt}IqtL uspettsion shall be reported immediajOy_tq11�ITY. 7/6/2021 Page 12 of 17 EXHIBIT 1 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for SUB RECIPIENTS (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XL LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall hilly comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1 _ The Act and all applicable federal statutes, regulations, policies, procethtres and directives, including but not limited to, 2 CFR 200 arid 20 CFR. Pats 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use petrrlits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agrecmcrrt, if necessary. XII. EXCLUSIVITY AND AMENDMENTOF AGREEMENT This Agreement supersedes tiny and till other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the patties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and Sl IBRECIPIENT. City Council 16 — 16 7/6/2021 Pagc 13 of 17 EXHIBIT 1 XIII. FRAUD SUBRECIPIENT shall immediately repots to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of hinds under this Agreement. XIV. CONTINGENCY OF FLNDS SUBRECIPIENT acknowledges that approval of and huiding for this Agreement is contingent upon State approval, and £wads received or obligated from the State of California to CITY. If such approval of fiords is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations its directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either patty at its sole discretion, upon thirty (30) days written notice to the other patty. 'Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any participant. H. In the event SUBRECIPIENT defaults by failing to fulfill all or arty of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of tennination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and thncly performed prior to the mailing or service of the notice of termination, irmd except for reimbursement of (1) any payments made for services not subsequently performed in a timely aid satisfactory manner, and (2) costs incurred by CITY in obtaining substihrte performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall he final and cortclusive unless within thirty (30) calendar days from the mailing or dclivuy of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. ProcedureS governing the appeal shall he prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final didjfR; n6)8ijthc appeal, SUBRECIPIENT shall Inf irGOrc anee With -�AActtj unless the disptrte involves a change Order. Page 14 of 17 EXHIBIT 1 XVII. BREACH -SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant fiords were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report snakes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT Rilfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has foiled to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph NVI11 herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, %VDB Administrative Office P.O_ Box 1989 (M-76) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Arta 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRP.CIPIP.NT: Orange County Children's Therapeutic Art Center 2215 N. Broadway, Santa Ana, CA 92706 Phone: (714) 547-5468 Fax: (714) 564-6990 XIX. NIERGF.R This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as slated herein. City Council 16 — 18 7/6/2021 Page 15 of 17 EXHIBIT 1 xx. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreclment. XXI. MISCELLANEOUS PROVISIONS a. Each wldersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY" fully, including reasonable costs and attorney's tees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein mud attached hereto shrill be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) City Council 16 — 19 7/6/2021 Page 16 of 17 EXHIBIT 1 IN WITNESS WHEREOI', the parties hereto have executed this Agreement the date and year first above -written. IsV.loIQ%I Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. C.arvalho City Att.onzey n By: Ryan O.Itodgre Assist ant City Attorney KL:COMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Cornmunity Development Agency "CITY" By: Kristine Ridge City Manager "SUBRECIPIENT" By: Name: Dr. Ana Jimene -Hami Title: Executive Director Tax ID #: 33-0930891 City Council 16-20 7/6/2021 Puac 17 of 17 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 1. Experience/Qualifications R page max): A. Agency description - The Orange County Children's Therapeutic Arts Center (OCCTAC) has been in operation for 20 years in the City of Santa Ana. Our agency has grown significantly throughout the years, and established strong community partnerships, such as the City of Santa Ana, the Santa Ana Unified School District, the Santa Ana College, the County of Orange, and others. OCCTAC has served over 20,000 youth since the year 2000, rising from 100 students in its first year to more than 6000 youth each year! OCCTAC prioritizes on serving at -risk youth, foster youth, high school dropout students, homeless youth and youth with disabilities. Our programs integrate youth with and without disabilities in a nurturing, community -based environment, which teaches respect, disability awareness, and full inclusion. B. List the facility address and major cross streets. OCCTAC is located at 2215 N Broadway, Santa Ana, CA. 92106. Our major cross streets are North Broadway and Buffalo. C. Indicate hours of operation for facility - OCCTAC is opened 6 days per week (Monday — Saturday), from 830am until 8:00 pm, but closed on Sundays. D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. OCCTAC is strategically located close to bus terminals for the convenience of the youth; and our facility is compliant with all ADA guidelines and regulations. Our facility, location, hours of operations, and wide variety of programs makes our facility youth friendly and suitable for the proposed WIOA program. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue - The average annual operating budget for the OCCTAC is approximate 51,200,000. OCCTAC's sources of revenue come from a variety of sources, including the Santa Ana Unified School District, the County of Orange, other grants, fee for service, private donations, public donations, and fundraising. 2. Brief description of staff - OCCTAC is staffed by highly qualified bilingual staff, including: credentialed teachers, artists, therapists, case managers, counselors, and others. The WIOA Program will be staffed by a full time Case Manager, a Job Developer, a Career Counselor, an Arts/Technology Mentor and a Literacy/Math Tutor. 3. Past experience with WIOA programs or other youth programs - OCCIAC has been serving the Santa Ana youth for 19 years; and we have operated W10A prngramssince the year2005! Every year our Youth Employment program grows and demonstrates positive outcomes with the participants. We are very proud of our accomplishments throughout the years! 4. What kind of Impact has your organization made on the youth community - OCCTAC has had a tremendous impact on the Santa Ana youth community. We are very proud of our accomplishments throughout the years. OCCTAC's innovative approach, which combines the arts, education, health and technology programs, provides youth a variety of programs they can engage in. Furthermore, our WIOA program participants always have successful outcomes_ In 2017-18, our WIOA participants attained employment/entered education at a rate of 89 %, attained a credential at a rate of 89 %, and attained Literacy and Numeracy gains a rate of 73%. These outcomes demonstrate the commitment and dedication of our wonderful WIOA program staff. City Council 16 — 21 7/6/2021 1 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 2. Proposed Program: (1 page maxi A. Provide an overview of the program's main objectives. The W10A program at OCCTAC is an extension of our current educational services provided to older youth to empower and provide life -changing opportunities for all youth. OCCTAC has been working with WIOA participants since 2005. The program will continue to provide 13 out of 14 WIOA elements: educational services, job training, paid work experience, adult mentoring, literacy & math tutoring, career & educational counseling, occupational skills training and education, supportive services, certificate programs, leadership opportunities, comprehensive counseling, financial literacy, entrepreneurial skills training, labor market information, and activities to help youth prepare for post -secondary education and follow-up services. OCCTAC staff will refer participants to alternative secondary school services with College and Career Preparatory Academy (CCPA) or Santa Ana College School of Continuing Education. The program will take place primarily at our community -teased center in Santa Ana. Participants will engage in a variety of educational and job training activities, including classroom and workshop instruction. All participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and weekly workshops. In addition, WIOA participants will also engage in weekly "hands-on" work experience and job training opportunities at our agency and other offsite job trainings `n the community. Please see below Table 1 for an overview of the program timeline for the entire year. TABLE 1— Program Timeline from July 2021- June 30, 2022 ProgramTimelirre Program Activities & Training Month 1 - 2 • Orientation of program and services with Case Manager Objectives: a Fmployability/Job Skills assessment with Case manager Program Overview, . Basic Skills/Academic levels assessment with Literacy and Numeracy tutor Assessments, . Career interest assessment and survey with Career Counselor Participant Goals a Determine Employment and Academic goals • Initiate bi-monthly meetings with Case Manager to discuss goals and service needs of participants Months 3-8 • Initiate paid work experience Obiectives • Initiate weekly-cadership/Job/Life skills workshops Educational Guidance, • Initiate weekly tutoring of Literacy and/or Numeracy skills Tutoring, Vocational Training, a Continue bi-monthly meetings with Case Manager to discuss progress Job Training, Workshops & • Continue monthly meetings with Career Counselor for academic guidance Work Fxperience a Continue monthly support group with other WIOA participants and staff Month 9-12 • Continue bi-monthly meetings with case manager to discuss program goals, Obiectves: and for intense employability skills and job search training Employability/Job Skills . Continue tutoring, if necessary & Job Search • Continue monthly life skills training • Continue weekly Workshops with WIOA particlpants and staff B. Please see below in sections 3-17 a full description of the program. City Council 16 — 22 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 3. Population (2 pages max): A. Describe the total number of youth that will be served by this grant. -The WIOA program at OCCTAC will serve a total of 20 WIOA participants. The program will serve 16 out of school youth (ages 16 — 24) and 4 in -school youth (ages 16 — 21) for a total of 20 youth. B. Describe the age range of the youth that will be served -The WIOA program will serve participants as young as 14 and as old as 24 years of age. C. Describe minimum requirements that youth need to have in order to be enrolled into your program. Aside from the basic WIOA requirements of being a Santa Ana Resident (16— 24 yrs.), and having a right to work documentation, our participants have to complete the following: 1) complete a background check, 2) obtain a negative TB test, and 3) attend a mandatory orientation session before completing the eligibility documentation. D. Special consideration for organizations that can serve the following youth populations: (80% of Out -of -School youth (required); 10% of youth with disabilities; 10% of foster/emancipated youth; 10% homeless youth and 10% of youth on probation). See below Table 2 for past Enrollment Numbers and percentages. Table 2- Percentages of Youth Population served at OCCTAC Out of School Youth 75% 75% 80% 82% Youth with Disabilities 25% 25% 50% 52% Foster Youth 15% 15% 5% 0% High School Dropouts 15% 30% 20% 9% Youth on Probation 5% 0G/ 0% 0% Homeless Youth 5% 5% 10% 4% As seen on Table 2 above, OCCTAC has exceeded the minimum percentage required by this grant in most youth populations/categories, except for foster youth and youth on probation. Therefore, this year we will expand our network and community partnerships to ensure the minimum of 10% for these target populations, and establish new partnerships. One new potential partner is Project Kinship, who serves youth on probation and is located in the same facility where OCCTAC is located We have had some preliminary conversations on the possibility of getting referrals from them. Furthermore, OCCTAC's ED has scheduled a meeting in February with key staff at the County of Orange, Social Services to discuss the need for more foster youth referrals to our agency. See letter of support from the County, SS - Attachment C. E. Specify how the targeted youth populations (out -of -school, youth with disabilities, foster/emancipated, probation, homeless) will be recruited. OCCTAC has excellent community partnerships that will help us fulfill our enrollment goals and targeted youth populations. See below a summary of youth populations and partners. City Council 16 — 23 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 1. Youth with Disabilities: OCCTAC has had a strong partnership with the Santa Ana Unified School District, Transition Partnership Program (TPP) during the past 12 years, In order to serve youth with disabilities. As seen in Table 2, OCCTAC has exceeded the 10%minimum and last year served 50% of youth with disabilities! We are grateful to our key community partner SAUSD TPP program staff for all of their referrals and supportl 2. ,Foster/Emancipated Youth: OCCTAC will continue to collaborate with the County of Orange, Social Services, to continue to serve foster/emancipated youth. OCCTAC has been a partner with the County since 2007. We are looking forward to strengthening this partnership and serve more foster/emancipated youth in Orange County this year! 3. Youth on Probation: As stated previously, OCCTAC has been in preliminary conversations with the ED at Project Kinship (Steven Kim) on the possibility of collaborating and getting referrals from their program for our WIOA program. Project Kinship recently moved their operations to the same building (2215 N. Broadway —second floor) where OCCTAC agency is located! The mission of Project Kinship is to provide support and tra`ning to lives impacted by incarceration, gangs, and violence through hope, healing, and transformation, 4. Homeless Youth:. OCCTAC is very excited to collaborate this year with the WISEPIace, an organization that focuses primarily on serving homeless women (youth and adults). WISEPIace will continue to refer homeless youth to OCCTAC's Youth Employment Program, as well refer adults to the various Santa Ana College certificate programs available at OCCTAC, We are very excited a bout this new community partnership! In addition to our excellent community partnerships, OCCTAC will continue to conduct community outreach and special community events throughout the year to promote our programs and inform the youth in the Santa Ana community about this wonderful W IOA program. See Table 3 for more information. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment C. — See attached the following letters from our community partners: 1) Santa Ana Unified School District, TPP — Youth with Disabilities; 2) County of Orange, Social Services — Foster Youth; 3) WISEPIace — Homeless Youth; 4) Santa Ana College — All Referrals and Services. G. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2021). In addition to referrals from our key community partners, we have established a timeline that will help us with our Community Outreach and Recruitment plan 'n the City of Santa Ana. Please see helow Table 3 which summarizes our recruitment plan to ensure 100%of enrollment of youth by 2nd quarter. El City Council 16 — 24 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Table 3 — Community Recruitment Plan to ensure 100% enrollment of youth by 2nd quarter Rlah ItAay >fcYn�.- ,�ggt4st 5eptemUer _�t� ,fir ,�17Njrr Orientation Last Friday of the Last Friday of the Last Friday of the Last Friday of the Last Friday of the What is WIOA? month month Month Month Month All High All High School Target Foster, Target roster, Target Foster, Community School Classes —targeting Homeless & Homeless & Homeless & Presentations Classes Youth with Probation Youth Probation Youth Probation Youth in targeting dlsaollltles In In the community In the the community Youth with SAUSD, TPP. (County, SS community (County, SS disabillt.as in Orangewood, (County, SS Orangewood, SAUSD, TPP. WisePlace). Orangewood, wiseplare). WlsoPlOce(. Summer Summer Attend all hack to Provide Provide Community Community Fairs Community Fairs school events at information at information at Outreach and Fvents— and Fvents— SAtlSn and TPP OCCTACP. SAtISU big Community Provide Flyers to Provide Flyers to partnership Open Houses & events, such as: all community all community community Parent/Teachtr "Noche de agences in Santa agencies in Santa events. Conferences altares" event & Ana Ana others Inform community Set appointments Set Set appointments Set appolntmOnts Youth partnersthat we with all youth appointments with all youth with all youth Referrals will start to King referred to with all youth referred to referred to referrals staring program as of July referred to program program Judy 1". J".I program _ Contact Youth Contact all youth Set appo'. ntments Set Set appointments that where with youth with appointments with youth with interested in WIOA prior interest with youth with prior interest 2018 -2019 year prior interest after full enrollment. 4. Assessment (1 page max): A. Youth Service Providers are required to use the Test for Adult Basic Education (TABS) assessment tool, but may use other assessment tools upon approval. - OCCTAC will continue to use TAKE testing with all our WIOA participants. B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. — At intake., all participants will be given a TAKE test to determine the participant's Educational Functional Level in Literacy and Numeracy. The TABE test will determine the needs of the participants in both academic areas. Additionally, they will aid in the facilitation of the weekly tutoring sessions. All WIOA participants will be assessed after 3 months of tutoring to see their progress in each academic/subject area. If the youth goes up by 2 grade levels or more, the youth can take the final Post Test assessment. All participants will continue with the tutoring sessions if they score under 9.1 level. A City Council 16 — 25 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal C. Describe knowledge of the barriers that youth encounter — OCCTAC has served many youth with different barriers in life throughout our 19 years of community service! The majority of the barriers include youth with disabilities, youth with basic skills deficient, English language learners, low-income youth, homeless youth, youth In foster care or emancipated, pregnant or parenting youth, high school dropouts and other barriers. OCCTAC is very committed to serving all youth with these barriers. The following numbers represent the youth we served during the 2017 18 program year with different barriers. Out of the 20 youth served, r °= had a disability, .IE-N were Parenting Teens, 20%were HS dropouts,, 0 %were homeless youth and.2_16 were foster youth. Currently, we are serving the following youth with the following barriers during the 2018 — 2019 program year: 52`Yo have a disability, 170/D are Parenting Teens, 9%are HS dropouts, 4% are homeless youth and are foster youth. D. Specify how your organization will address the barriers that youth encounter - OCCTAC WIOA staff is very dedicated and committed to all the youth that we enroll in our Youth Employment (WIOA) program at OCCTAC. We have offered this WIOA program for the past 14 years to the Santa Ana youth! Our staff is comprised of a hardworking group of Individuals that are passionate about making a difference in the community, and are prepared to address all of the barriers that youth encounter. Our TEAM of dedicated staff guide and mentor the youth, and assist them during the entire program year. The team is comprised of a Case manager, a L'teracy/Numeracy Tutor, a Career Counselor, a Job Developer and Work Experience mentors that help youth attain their educational and career goals. All of the youth are also required to attend monthly job skills/life skills workshops, focusing anywhere from employment attainment/retention, to how to improve and change their own personal lives, and the community in which they live. In addition, to aid in academic barriers that youth experience, all participants will be assigned to an Educational counselor who will provide direction and coaching on any academic aspect, such as scholarship writing and enrollment into an institution of their interest. This service is crucial for all youth participating in the program because it will allow them to learn about various academic paths, including vocational training, HIS recovery programs and 4-year institutions, while narrowing down a career of interest and actually committing to a program. Furthermore, all participants will be provided with psychological counseling (if needed), and other important support services. OCCIA's environment is very nurturing, fun and supportive, and provides youth opportunities to maintain a high level of involvement in our programs. WIOA youth are supported emotionally throughout the entire year at OCCTAC, and are provided with a positive and welcoming environment that also encourages youth to partake on various leadership roles within the various programs and activities at our agency. These additional activities provide youth with an opportunity to gain self - a City Council 16 — 26 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal confidence, self-esteem and leadership skills. Our goal is to empower youth and provide a life changing opportunity through this WIOA program! 5. Paid & Unpaid Work Experience: A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as, Summer employment, Pre -apprenticeship programs, Internships or Job shadowing, and On -the -Job training opportunities. Youth will engage in weekly "hands-on" work experience and job training opportunities at our agency and other community sites. The following tables (Tables 4, 5 & 6), demonstrate the variety of programs that we offer at OCCTAC and at offsite work experience locations. WIOA participants can choose from any of these programs/fields to fulfill their career goals and work experience. Please see below Table 4 for an overview of the various "hands-on" job - training programs, mentoring and work experience opportunities at OCCTAC. TABLE 4: Mentorin¢ & Job Trainine Proerams at OCCTAC Are a ofT.raining Jab Title Placement ,& Educational/Training" Experience Curriculum' Health .__.:..._Work Case Manager Intern OCCTAC, MECCA and _ SAC Curriculum & Case Community Sites "State Certificate Program Management --' ..----- --__._.....................................................................................................Q._.._..______........... Health/ Mental Mental Health �MH. OCCTAC, MECCA and County.of Oran e, Health Care Fleaith (MFI) Paraprofessional OMID sites Agency, MH Paraprofessional Certificate Child Care Child Care Worker Early Start & Pre -Kinder SAC Curriculum Worker State Arts Program at OCCTAC *State Certificate Program Certificate Office/Reception Executive/AdrninlstraLive _ OCCTAC office SAC curriculum Customer Servfce Assistant & Community sites `State Certificate Program Computers Education Tutor/ Instructional Learning Academy at OCCTAC & Host Curriculum Assistant OCCTAC & SAUSD After School Pro ram Education Teaching Assistant Early Intervention/ First Five Early Childhood Early Start Program at curriculum, High Scope & OCCTAC "Hands on Training" Arts Education Teaching Assistant After-Schooi Arts Program CA Performing Arts Standards at OCCTAC and Engage Curriculum and "Hands-on" Arts 360 at various SAUSD Training schools _ Technology Technology Assistant Computers/Media LAB at SAC, Digital Media Center Graphic Artist OCCTAC & Santa Ana OCCTAC curriculums & Audio Engineer Intern Business Owners "Hands-on" Photoshop, Film Production Intern St. Andrews Church Animation/ Illustration & Community Sitn_s Graphic design training, Recording Technology Training Softwares, Pro -Tools & Sybellius 7 City Council 16 — 27 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Furthermore, WIOA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands-on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work: experience as possible. TABLE 5: Additional Job Training Programs for WIOA Youth mentored by NON-WIOA staff 'p Early Start Program The Early Start program is and early intervention program Mondays & Tuesdays that Integrates very young children is months to 3 years of 8:30 am —11:30 am age) with and without special in a natural community Fridays environment with their parents. It aims at enhancing 8:30 am-10:30 am students' cognitive, language, motor and social development. Pre -Kinder Arts The Pre -Kinder Arts program is a bilingual school readiness Wednesdays & Program program that serves children ages 3- 4 years old. The l hursdays parents and children work together in a creative and 8:30 am — 11:30 am nurturing environment by engaging in music, art, literacy, Fridays and parenting classes to prepare children for school. 10:30— 12:30 pin After School Arts The ASAfor Life program provides artlstictraining Inthe Monday — Friday Program fields of Music, Visual Arts, Dance, Musical I heatre, and 3:30 pin —8:00 pm Technology training to at -risk youth, and children with and Saturdays disabilities in the community. 9:00am-4:00 pin Therapeutic Arts This program serves children and youth with dlsahilities of Monday— Friday Program all ages and special needs, including: learning disability, 3:30 pm —8:00 pm health impairments, physical disability, deve'.opmental Saturdays disabilities and others. 9.00 am —4:O0 pin Learning Academy & _ This program provides homework support and tutoring to Monday- Friday Tutoring Program students (ages 5 — 16 yrs.) In Language Arts (reading and 4.00 - 8:00 pm writing), math, and other academic subjects. Saturdays 9.00 am — 5:00 pm OCCTAC This program provides outreach, prevention, referrals and Monday— Friday Family Wellness engagement with Individuals at -risk of mental health 8:30 am — 8:30 pm Program problems. Other support services include parenting, and weekends counseling, and support groups. Senior Socialization This program provides early intervention and socialization Monday — Saturdays Program activities to older adults at -risk of mental health problems. 8:002 in — B:OOpm Services are provided at OCCTAC and various Senior Centers in Santa Ana. B. Special consideration will be given to organizations that can prepare youth for targeted in -demand Industries as Identified in the DC Regional plan: OCCTAC's Youth employment program prepares youth in 2 targeted in -demand industries identified in zhe OC Regional plan: 1) Healthcare and 2) Technology, C. Special Consideration for organizations that offer job training/preparation in the industries of: Science, Technology, Engineering, the Arts and Math. OCCTAC offersjob training and preparation in 3 of the indrstries mentioned above: 1) Technology, 2) the Arts and 3) Math, City Council 16 — 28 7/6/2021 EXHIBIT 1 2021-22 Orange County Children`s Therapeutic Arts Center Youth Employment Program - WIOA Proposal D. List some of the employers that will assist in the paid and unpaid work experience opportunities. Please see below Table 6 for offsite job trainings for our youth. TABLE 6: Mentorine & Job Trainine Programs OFF SITE Y�%f11Yh1�3"" AY22, r Santa Ana College CDC Childcare worker/ Preschool Teacher Assistant: Intern is Monday-- Friday responsible for assisting Preschool Teacher and conduct a variety of activities with children, including educational, arts & 8:00am- 6:00pm recreational activities, developmental assessments and others. _ Santa Ana Senior Center Case Manager Assistant: Intern is responsible for assisting Monday -Saturday OCCTAC Case Manager at the Senior Center or Santa Ana Santa Ana Towers Towers, and conduct a variety of activities with seniors, 8:00am — 6:00pm including health related and recreational activities, case management, Interviews & assessments and others. State Farm Insurance Administrative Assistant/Customer Service: Monday -Friday Intern is responsible for answering phone calls and directing them to their designated department. Intern is also 8.00am-5:00pm responsible for printing, organizing, and filing documents. Intern will be responsible for assisting clients with questions an insurance and providing an overview. Santa Ana Downtown Office/Reception/Customer Service: Intern is responsible for Monday -Saturday Businesses making calls to previous and interested clients and inform on merchandise. Intern is also responsible for answering phone (Days/Times va(y) calls and providing assistance to clients and directing them to the necessary department. Intern will also work with clients In person and assist with any questions related to business and store merchandise. Santa Ana Downtown Administrative Assistant/ Social Media Intern: Monday -Friday Businesses Intern is responsible for computer literacy, updating social media, making phone calls to participants to update contact (Days/Times vary) information, and some fundraising. Intern Is also responsible for clerical duties such as filing documents, answering phone calls and other tasks. Santa Ana Downtown Graphic Arts Intern/Marketing Intern & Administrative Monday- Saturday Businesses Assistant: Intern is responsible for assisting in the creation of logos and (Days/Times vary) flyers for marketing. Intern is also responsible for updating social media and some administrative duties such a filing, organizing, and data entry. E. Include Letters of Commitment from employers as Attachment D. Please see letters attached. F. Include a copy of the Work Experience policy as Attachment E. Please see attached OCCTAC's Work Experience Policy. a City Council 16 — 29 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 6. Alternative Secondary School Services (3 pages max): A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. Youth will meet with the Educational Counselor at OCCTAC at least once a month to receive assistance as they decide to pursue their education. Youth and Counselor will meet and create monthly goals, which will lead to youth obtaining their diploma/GED. Counselor will provide youth with the various options available to them and will provide guidance along the way. The Counselor and youth will write down the path youth decides to take. Counselor will check in with youth periodically to ensure that youth is fulfilling all requirements. Prior to meeting with youth, the Educational Counselor will research the alternative secondary school services available near the youth. Counselor will gather information regarding requirements, costs, rules, schedules, entrance exams, etc. and provide to youth this information. In addition, the counselor will prove youth some examples of alternative secondary school services located in Santa Ana, provided below in Table 7. In summary, the Educational Counselor will meet with each WIOA youth to obtain a better understandingof the participants' needs. Duringthismeeting, the Counselorwillgather more information relevant to the youth's needs. Together, the Educational Counselor and youth will find the program that best suits the participant. Then, they will call and set up an appointment to meet with the representative of the program. The Counselor will attend this meeting with the youth to advocate for the participant's best option. After this meeting, the participant and the counselor will strategize on how to proceed further. During this period, the youth will also be supported with additional academic /educational services, such as tutoring, study skills, time management, financial literacy and other important life skills topics. Table 7: Alternative Secondary Schools located in Santa Ana /�/ �,�,„� College and Career 1699 E. Wilshire Ave., 714) 796-8795 http;//www.ocde.us/CC PA/Paees/default. asox Preparatory Ste. 605 Santa Ana, Academy g2705 Community Day High 804 N Fairview St. 714) 796-9000 http.avvwwsg us�l,usfPa School Santa Ana CA 92703 12G03 Independent Study 333 E. Walnut St. 714J 565-5400 htt www,,5ausd.us site _.__.._ PEX (online Program Santa Ana, CA 92701 Dgfauit.aspx?PapeID=16692 lasses) Will view High School 154000 Lansdowne 714) 730-7356 htt www.tustin.kl2.c.a.us Continuation hillviewhs Rd. Tustin, CA 92782 School (Credit Recovery) Santa Ana College •- 2900 W. Edinger Ave, 714) 241-5720 htt)s: www.sac.edu Conti Adult High School nuin Education Pro rams P School of Continuing Santa Ana, California Diploma Program Education 92704 aes Hi hSchool.as x 2 Locations - Centennial Education Center & Santa Ana College City Council 16 — 30 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. All Youth will be encouraged to continue their education, since this is such an important factor in their overall improvement and success in life. Youth will work closely with the Educational Counselor at OCCTAC on a one-on-one basis, and receive encouragement and guidance. All WIOA participants will be encouraged to attend college field trips throughout the year, and be exposed to different college campuses, as well as a wide variety of majors. By visiting the various colleges, youth will understand better the application process as well as all requirements needed. The WIOA program at OCCTAC will also assist all youth with academic skills and provide all youth with basic skills deficiency a literacy/Numeracy Tutor to help them improve in the deficient areas. In addition, the Educational Counselor will keep in close communication with the Literacy/Numeracy Tutor, and ensure that every participant is receiving the assistance needed to pass his or her classes. Aside from tutoring, the Counselor will meet with youth during bi-weekly meetings and support youth in developing all the skills necessary to succeed. These meetings will focus on important topics, such as, time management, test -taking strategies, and study skills. Furthermore, the counselor will also map out a plan that will help youth work towards their academic/educational goals. Youth and Counselor will also set goals and will work together to achieve goals. During every meeting, Counselor will inquire about youth's progress. Counselor will also work closely with the Case Manger, the Career Counselor and the Tutor to ensure that youth is receiving all the necessary assistance needed to improve in their academic goals. C. Special consideration for organizations that offer dropout prevention or dropout recovery services. As mentioned previously, OCCTAC will continue to collaborate with the Santa Ana Unified School District, TPP, as well as with the Department of Pupil Support Services, headed by Heidi Cisneros. We will continue to work with key counselors like Patrick Yrarrazaval-Correa to enroll in our program targeted Santa Ana youth, and offer dropout prevention or recovery services. 7. Preparation for PostsecondarV Education and Training (3 pages max): Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. OCCTAC provides State recognized Certificate programs in partnership with the Santa Ana College. Therefore, any employer should recognize these certificate programs. We are extremely grateful for this wonderful partnership with the Santa Ana College. See letters of Support from the Santa Ana College in Attachments C and F. A. Special consideration for organizations that offer preparation for postsecondary education and training in high -demand industries. OCCTAC offers youth with and without disabilities preparation for postsecondary education. As state previously, OCCTAC partners with the Santa Ana College to offer youth a variety of career path options. Our WIOA team (Educational and Career Counselors, Case Manager and Literacy/Numeracy Tutor) work together to assist all of the youth enrolled in this program. Because of the certificate programs provided at OCCTAC, youth apply to the following positions and receive minimum and above wages. For example, • Micro Center $12.00 + Benefits City Council 16 — 31 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal • Daikin AC $12.00 • Providence Speech $13.00 + Benefits Special consideration for organizations that collaborate or partner with postsecondary institutions to enroll youth in career pathways that lead to an in -demand occupation. OCCTAC partners with the Santa Ana College to enroll youth in career pathways of their choice. Also, we offer a variety of Santa Ana College courses at the OCCTAC facility, which is very convenient for our youth and other adults to enroll in a variety of college courses taught by SAC faculty at OCCTAC. Some of these courses include the following: Employability Skills, Business Classes, Health Education, Child Development, etc. In partnership with SAC, OCCTAC offers 2 State Certificate programs at our agency: 1) Child Worker State Certificate and the Office Clerk/Admin State Certificate), where they can earn a State Certificate in less than a year and the opportunity to find a job in one of these career pathways. C. Identify and/or develop a pathway for youth that can prepare them to obtain a career or occupation that provides livable wages? Please elaborate on the specific pathway(s). Developing a pathway for youth that can prepare them to obtain a career or occupation is a high priority for OCCTAC. Our WIOA team inspires and motivate our WIOA youth to continue to enhance their educational and career goals, whether they have a disability or not, our goal is for the youth to be more successful in life! Please see below a pathway that we have created at our agency to assist and lead our WIOA participants. Pathway for Post -Secondary Education Participants will; 1. Meet educational counselor and identify interest and possible careers. 1..... 2. Research Necessary education and courses to reach it particular career. 3. Visit different campuses and apply to the ones they feel the most comfortable. 4. Take placement exams after being accepted to his or her school. „I , 5. Research major and minor requirements for achievement 6. Apply to programs that will provide additional services that youth will need while in post secondary education (F'AZ~SA, BOG, DSPS, EOPS ect.) 1_. , 7. Create educational plan And registration to courses. City Council 16 — 32 7/6/2021 12 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal D. Describe in detail how the program will prepare youth for postsecondary education and training. The WIOA case manager, career and educational counselors meet regularly with each WIOA youth to discuss job leads, employment opportunities and post -secondary education. The case manager and career counselor helps youth with employment, and the educational counselor helps youth with entering post -secondary education. The career counselor will assess all youth using ONET to learn about their career preference, interests and skills, and then match them with carriers of their choice. Youth will then be able to obtain assistance in researching different majors, vocational training and certificate programs that will allow them to enter into post -secondary education in their field of interest. The Educational Counselor will also provide assistance to youth in completing all necessary registration and financial aid, scholarships and any important forms to minimize any stress and anxiety on registration or financial burdens. E. How will your organization expose youth to the various post -secondary educational Institutions (colleges, universities, vocational training schools, apprenticeships, etc.). All year round, the WIOA youth and staff attend field trips to the various colleges and universities so they can get motivated and encouraged to enroll in any of these institutions with the help of the case manager and the career and educational counselors at OCCiAC. F. Describe the certificates that youth will be able to earn while In your program or within 1 year after exit. As mentioned previously, OCCTAC has a very strong partnership with the Santa Ana College. Currently, we offer 2 State Certificate programs at OCCTAC and all of the courses are taught at OCCTAC's facility by the SAC faculty. Please see below (Table 8) for a brief description of these certificate programs. Table 8 - State Certificate Programs at OCCTAC in partnership with the Santa Ana College PRYjilf3E{}1JVh Brief DESCRIPTION DaVsMmes ' office Clerk 'this program prepares students for an in-depth training in executive Monday— Friday State Certificate secretary/administrative assistant positions. The open-entry/open Program exit, competency -based format promotes success in a high Courses are employment occupational field. The program develops skills in offered various research, report and correspondence preparation, advanced days/times computer software applications, database management, interactive during the week presentations, customer service and telephone techniques, and other (morning, advanced office procedures. afternoon and • Keyboard 1 evenings) • Intro to Windows • Intro to Word • Intro to Excel • Employability Skills • Navigating the Internet Child Care Worker This program trains students in the field of early childhood and Monday - Friday State Certificate business development. Sndents learn how to start their own private Program business or work at a childcare facility, such as preschool, etc. Courses are Students learn business skills, early childhood care and development, offered various health information required for licensing, and skills necessary for days/times successful operation of a childcare business. during the week City Council 16 — 33 7/6/202 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal in order to cam thci.r State Certificate and obtain a County of Orange (morning, license, students trust take the following courses' afternoon and • Early Childhood Care and Development evenings) • Health Education for Childcare Providers • Employability Skills • How to Start a Small Business • Business Practices for Family Child Care Providers G. Include data and research that supports the industries or pathways listed above. According to O Net Online the following position and many other administration positions considered those with a bright outlook and rising opening. 43-4171.00 Receptionist and information clerks 43-601.3.00 Medical Secretaries 43-3021.00 Billing, and Positing Clerks According to O Net online the following position and many other in child worker are considered those with bright outlook and rising opening as well. 39-9011.00 Child care worker 25- 2011.00 Preschool Teachers, except special education. H. Include Letters of Intent from training agencies as Attachment F. Please see letters of Support/Intent from the Santa Ana College. In addition to our state certificate programs offered at OCCTAC in partnership with the Santa Ana College, OCCTAC is currently collaborating and with other community partners to incorporate 2 Health Certificate Programs to train our WIOA youth. 1) Mental Health Paraprofessional Certificate: In partnership with the County of Orange, Health Care Agency, OCCTAC staff is trained and certified to offer a "Mental Health Paraprofessional" Certificate. This training is currently being offered to Religious Leaders in the community all over Orange County, and funded by the County of Orange, Health Care Agency. We are researching the possibility of offering this certificate program to our WIOA youth, if they are interested in working in this field. 2) Medical Technology Certificate: In partnership with the California School of Health Sciences, OCCTAC is currently in discussions with the owners (past board members) to train our youth in short-term Medical Technology certificates. 8. Tutoring 1 page max Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABE) on ALL youth to assess their literacy and numeracy skills. Youth who score 9.9 and below are considered "basic skills deficient" and should receive tutoring or remedial training to improve their literacy/numeracy skills. OCCTAC currently uses and will continue to use TABE test and TABE testing materials with our WIOA participants to improve their literacy and numeracy skills. City Council 16 — 34 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal J. Describe in detail the tutoring resources that will be provided to youth. OCCTAC has demonstrated commitment in helping WIOA youth with and without disabilities improve their literacy and numeracy skills as evidenced every year with our participants! Every year at least 80%of all participants increase their literacy/numeracy skillsl In summary, our WIOA Literacy and Numeracy tutors meet with each participant at least once a week upon the completion of the initial TABE assessment. Our agency's goal is that each youth increases by at least two Educational Functional Levels at time of post-test. OCCTAC tutors provide individualized tutoring sessions every week throughout the year to ensure that our youth will be able to increase both their literacy and numeracy skills to be successful in life. In the past, OCCTAC has been very successful in the attainment of these goals, and thus it will continue to assist all participants with and without disabilities achieve higher educational and academic goals to be successful in their educational and career goals. 9. Mentorinta (1 page max): K. Specify how your organization will provide mentoring to youth. Our agency has wonderful staff that is dedicated to empowering and supporting our WIOA youth. Not only will our WIOA staff provide mentoring to youth, but all the other OCCTAC staff working in other programs at our agency and in the community, such as (After School Arts, Therapeutic Arts, Early Start & Pre -Kinder Arts, Learning Academy, Family Wellness Program, Senior Socialization Program etc.) Youth will have the opportunity to learn, interview, shadow and receive mentoring from excellent professionals in the fields of Education, Arts, Technology, Health, Psychology, Counseling, Early Childhood Development, Marketing, Business and others. In addition, the youth will gain hands on work experience in these fields, as well as the opportunity to gain insight from these professionals regarding the various career and educational paths that youth are interested in pursuing. L. Specify what types of support your organization will offer youth who are facing challenging obstacles such as family dysfunctions, mental health issues, homelessness, low self-esteem, probation, gang issues, parenting Issues, etc. OCCTAC will continue to collaborate with OMID Mental Health Clinic, Pepperdine University, Graduate School of Education and Psychology, California State University, Fullerton and USC, School of Social Work. All 4 institutions refer counseling, psychology and marriage and family therapy interns to OCCTAC, and provide Psychological/ Mental Health Counseling to all our WIOA youth, if needed. Participants can enroll in individual counseling at OCCTAC or in the community. In addition to the psychological counseling provided to youth, all WIOA participants must attend mandatory life skills workshops and trainings on where to obtain additional information and resources In the community. Our Case Mangers will also guide the youth and refer them to these additional community resources and specialists, if needed. Finally, parenting youth will also be able to participate in any of the parenting classes offered at OCCTAC, to help them with parenting issues, educational support etc. and gain assistance in working through all of these challenges. City Council 16 — 35 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal M. Will your organization offer mental health services or referrals to mental health agencies, describe. YES. As stated above, OCCTAC has various community partnerships that can offer mental health services to our youth. Thus, our WIOA staff can make direct referrals to provide free mental health services and onsite counseling on a weekly basis for our WIOA youth. N. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. In partnership with the community services program, we are be able to provide youth with a workshop on drugs and alcohol, and also provide them information recourses, and referrals if needed. 10.Workshops: 0. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: - All participants will be required to attend Life Skills and Job Skills training that will encompass all of the following components. Youth will be asked to attend mandatory workshops to assist them in their overall achievement in this program, as well as their personal lives. Workshops will be weekly. Starting In September 2020 and ending in June 2021. OCCTAC Training Series: • Financial Literacy: This workshop series will allow WIOA participants to understand the importance of budgeting their money and savings. They will gain an insight on how to become finicaliy stable now in order to further assist them with their career and educational goals. See attachments section for a sample. • Job Skills: This workshop series will allow youth to learn and create materials needed for employment purposes, with the ultimate goal of when completed, they are able to assemble an employment portfolio that can be presented at any job fair, interview, and new potential employer. See attachments section for a sample. • Life Skills: This workshop series will help our youth with day to day life skills information to assist them in making healthy and reasonable choices in their lives. See attachments section for a sample. 1. Financial Literacy/ Budget Management — These are one of the most basic and important workshop series that we offer at OCCTAC for several years! As mentioned above, WIOA participant will learn about financial literacy and budgeting, and these workshops will allow our youth to think not only about the present, but of their future. They will learn the basic of opening a checking and savings account, and how to plan for retirement and future expenses. 2. Entrepreneur Skills Training — This workshop will be the perfect opportunity for innovative young adults in Orange County to learn what it takes to be successful when launching their entrepreneurial ventures. They will learn how to do this via three key strategies: Business plan competition, Networking and collaboration. 3. Labor Market Information — This workshop will provide youth with valuable information for today's labor market, so that you can make an educated decision on which career path is best City Council 16 — 36 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal suited to their skills and abilities. 4. Family Planning — A representative from Planned Parenthood will provide our WIOA youth with information on birth control methods, family planning and free healthcare services. These workshops are intended to help assist youth with their future and current family stabilities. S. Worker's Rights/Labor Laws — Participants will be able to learn and understand their rights as an employee in California from things like mandatory break times and benefits. Participant will also be able to learn and understand how to ask and receive accommodations that must be provided to those who have same type of learning or physical disability. As well as questions that may not be asked in an interview or after becoming an employee. 6. Analytical Skills at the Workplace — All WIOA youth will be provided with a task analysis and literacy analysis, skills assessments, job profiling, and pre -employment work skills. Each of these sills can provide a path to improve the participant's ability to perform basic job skills in the field or job they have or may have in the future. 7. Health Resources — Participants will be given resources from our community partners, including Planned Parenthood on how to be healthy and safe, and howto obtain medical services. Additionally, our MECCA coalition, Pepperdine University, USC, School of Social Work, and the County of Orange, Health Agency will provide WIOA participants with other health resources and mental health specialists, if needed. S. Professional Communication/Public Speaking Skills —AII Youth will be asked to take a training that will allow them to learn the necessary skills for public speaking, including how to speak to employers and/or new offsite work placements and new potential employers. Also, youth will learn how to create and give oral presentations, as well as how to speak to people when networking for future connections. 9. Navigating the Workplace — Participants will learn how to deal with difficult workplace situations, and the importance of effective communication skills for positive professional relationships and conflict resolution. This will include learning about good and bad forms of communication, suggestions on positive and effective communication, and techniques on how to effectively respond to conflict situations. Participants will then have the opportunity to put their knowledge to the test by reviewing different• workplace scenarios where they will change the outcome of the situation. 11.Civic Engagement and/or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. — Yes, every year we provide our WIOA youth many opportunities for civic engagement and/or leadership development. For example, All WIOA youth are asked to attend and participate in the youth council meetings, so they can share their personal experiences with the program and City Council 16 — 37 7/6/2021 7 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal contribute ideas/information on how to better serve the youth in Santa Ana. Also, Youth attend other important community events representing OCCTAC and the Santa Ana community. Finally, they are also asked to do presentations to other youth in the community to inspire and share their experience with other youth in Santa Ana and contribute to a better future for our community! B. Indicate the number of youth that will participate In the civic engagement or leadership development opportunity — All WIGA youth are requested to engage in leadership development opportunities at OCCTAC and the community, through civic engagement and leadership opportunities throughout the yearl 12. Sportive Services: A. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc. If so, please describe. — Yes. All youth will be provided with supportive services during all phases of the ` 10A program. Supportive services are available to those youth approved for the program that show limited resources to meet basic needs, and have expressed to our case manager or educational/career counselor the need for additional support services. WIGA Youth enrolled at OCCTAC are eligible for the following (as long as funds are available): 1. 30 day bus passes: Every month as long as they provide proof of a steady attendance to all WIGA activities and or accomplish employment or educational goals 2. ACCESS Coupon Books: Every other week as long as they provide proof of a steady attendance to all WIGA activities and or accomplish employment or educational goals 3. Gas Cards: Every month as long as they provide proof of a steady attendance to all WIGA activities and or need to accomplish employment or educational goals. As well as proof of their license. d. Academic Supplies: All WIGA participants are eligible for academic supplies, such as: planners, USB drives and backpacks. For students who have entered post -secondary education we are able to purchase some, if not all, of their college course books. For those who have entered a credential program some if not all fees can be paid off. 5. Work Related: All participants are eligible for work related material when needed, to help obtain or keep employment such as portfolios, clothing etc. 6. Child/Dependent Care: Participants may receive assistance with childcare or dependent care through the provision of $50 payment to institution/childcare provider of their choice. This will enable them to participate in WIGA activities and/or accomplish employment or educational goals. B. Include the Supportive Service Policy as Attachment G. Please see attached OCCTAC Supportive Services Policy for more specific details. 13. Incentives (1 page max): A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. — Yes, WIGA staff will be providing youth with incentives that will encourage them to accomplish their program benchmarks and personal goals, in order to move forward in employment and education. City Council 16 — 38 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal B. Include the Incentive Policy as attachment H. Please see Incentive Policy as attachment H. 14.Follow-Uri Services (3pages max): Youth Service Providers are required to provide follow-up services to youth participants 12 months after exit. Follow-up documentation will be required 30 days after exit, 60 days after exit, and 11t, 2nd 3ra and 41h quarter after exit. Yes, OCCTAC staff will comply with all WIOA regulations and program requirements. Please see below Table 9 that delineates all follow-up services. A. Elaborate on the types of services that will be provided to youth during each quarter during the 12-month follow-up period. The following table describes the services that can be obtained and provided to youth during any part of their 12-monthfollow up period. Please see below Table 9 for follow-up services. TABLE 9 —Follow Up Services je:' . u �� 1 tt .. 1IN ( �:` ) , lf' : � .:I? k�R.1�tr r ,µ��.... Szan vll±rd o4La•r1.n u.�Gdki',L.a.��4.:iM1nr. 30 day 60 day V Quarter 2"d Quvter 3f1 Quarter 4` Quarter Case Monthly Monthly Monthly Quarterly Quarterly Quarterly Management and as and as and as and as and as and As (Updates and needed needed needed needed needed needed Meetings) Educational Monthly Monthly Monthly As needed As needed As needed Counseling and as and as and as (Updates and needed needed needed Meetings) Employment As Needed As Needed As Needed As Needed As Needed As Services (Job Needed Development (Meetings)- Credential Services As Needed As As As Needed As Needed As (Registration) Needed Needed Needed Supportive Service Asfunds ........ Asfunds ......................................................................................._..__ Asfunds Asfunds - Asfunds Asfunds ns Traortation Allow Allow Allow Allow Allow Allow Supportive Services Asfunds Asfunds Asfunds Asfunds Asfunds Asfunds (School Materials) Allow Allow Allow Allow Allow Allow Referrals (Housing, As Needed As As As Needed As Needed As Needed Mental Health, Food Needed Needed Distributions, Health, Counseling, other) B, Describe how your organization will provide case management, job retention services, mentoring, and ensure the participants attain their goals. — All participants are asked to meet with the case managers and the Career/educational counselor at least once a month during the first quarter after exit, in order to ensure that youth accomplish and continue meeting their goals. Youth have the option of meeting with the job developer and case managerto gain additional skills and training if needed, and to obtain employment or retain employment after exit. Participants are also contacted via phone or/and e-mail during the City Council 16 — 39 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 2nd, 3rd, and 4th quarters to get updates from youth on post -secondary education and employment. Furthermore, all Youth are encouraged to come in person to meet with the WIOA staff, attend meetings, and receive additional tutoring, training, and or any other services at OCCTAC, to ensure that youth keep a good GPA in school, and continue to move forward in their employment. C. Describe how your organization will ensure that youth meet the Performance Indicators during the follow-up period. —The following Table 10 indicates how often the WIOA staff will contact youth, and set up meetings/appointments to provide them with additional assistance, and support their goals to retain employment and stay in post -secondary education. TABLE 10 - Frequency of Follow up Services Services Follow Up Period 30 day 60 day V Quarter 2nd Quarter 3`d Quarter 4'" Quarter Follow Follow Up Case Manager Monthly and Monthly and Monthly and As Needed ---...._.............-------- As Needed As Needed Meetings as needed as needed as needed Follow Up Calls/Emails Monthly and --_.`.`...............-.....-._.......... Monthly and Monthly and - Quarterly and -----......- Quarterly Quarterly as needed as needed as needed as needed and as and as needed needed Follow Up Job Developer As As Needed As Needed As Needed As Needed As Needed Meetin Needed Follow Up Educational Monthly and Monthly and Monthly and As Needed As Needed As Needed Counselor Meetings as needed as needed ..--'--............................ as needed Job development trainings As Needed As Needed _......_...._ As Needed ._ __...........__ As Needed - - As Needed _ As Needed (Resume, cover letter, applications, follow calls, Interview assistance etc. Post Secondary Trainings No service at No service at No service at As Needed As Needed As Needed (Study Skills, FASFA, this time this time this time registration transferring etc.) D. Describe if your organization will provide youth with incentives or supportive services during follow-up period to assist youth retention. Yes! OCCTAC will provide youth with both supportive services and incentives while in the process of completing their goals, and after accomplishing an important benchmark. The following table 11 explains when they are eligible to obtain supportive services and/or incentives. Please see Incentives Policy for details on how many incentives participants can earn for each category. TABLE 11 - Support Services/Incentives for WIOA participants during Follow-up: Incentives (Benchmarks Post Secondary Earning Accredited lob Search Obtaining Retaining Education credential Employment employment 30 day Buss pass, 30 day Buss .................................... Supportive ACCESS Coupons, pass or Gas Service Gas card — Academic card Supplies $25 for registering $25 for obtaining Education to fall or spring Post -secondary City Council 16 — 40 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal classes credential. $SO for obtaining secondary school credential. $SU for $SO for every quarter $25 for Employment scheduling and obtaining they are employed as attending employment. funds allow Interview. work related Portfolios, clothing and professional tools attire. E. How often will the youth be engaged or receive service during the follow-up period. — A!I Youth will be asked to keep in contact with the WIOA team, and meet regularly with the case managers and the educational/career counselors during the entire follow-up period, especially during the I" quarter. After the first quarter, participants will be asked to contact and speak with the case managers and counselors on a quarterly basis. However, youth are encouraged to engage as frequently as possible with the WIOA staff! Depending on the youth's needs, they are able to meet with any WIOA Staff as often as needed. In addition, all youth are given the opportunity to take any credential programs offered at our agency, Life Skills classes, counseling and any workshops/trainings offered during any of their follow up periods. This will provide our youth the opportunity to continue to be engaged in our center, on a weekly basis. 15.WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: 1. How OCCTAC will meet the % of participants who are in education or training or unsubsidized employment during the 2nd quarter after exit. I" <m..'.' I i N' '^l. tc(= "".','i t)a4r? May Mock Interview Session — Start Research classes to register for Job Search Summer— Meet With Educational Counselor Register for summer classes — Meet June Start Appiing to different positions — Meet with case with Educational Counselor manager July Apply to different positions and Research classes to register for Fall follow up calls — Meet with Case Session — Meet With Educational Manager Counselor August Set up Interviews and continue to Register for Fall Classes— Meet With send out Applications — Meet with Educational Counselor - incentives Case Manager —provide provided to youth who register for Incentives to those who set up classes interviews ........................................................................................ September Practice interview Skills and meet Register for 8 week courses — Meet with Case Manager— Incentives With Educational Counselor - provided to those who obtain incentives provided to youth who employment register for classes City Council 16 — 41 7/6/2021 _1 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 6ctober Continue to meet with Case Classes in session Manager & job Developer as needed November Continue to meet with Case Research classes to register for Manager & job Developer as intersession — Meet with educational needed counselor as needed December Provide Incentives to those who - . ...................... Research classes to register for have 3 consecutive months on the Spring-- Meet with educational job counselor as needed 2. How OCCTAC will meet the % of participants who are in education or training or unsubsidized employment during the 411 quarter after exit. January Set appointments with Case Assist Youth in Registering to Spring Manager and Job Developer as Classes- Incentive provided to youth Needed who re ister for classes February Set appointments with Case Assist youth In registering to & week Manager and Job Developer as courses - incentive provided to youth Needed who register for classes March Provide youth Incentives for Classes in Session having been employed for 3 consecutive months April Set appointments with Case Classes In Session Manager and Job Developer as Needed May Set appointments with Case Assist youth in researching possible Manager and Job Developer as summer registrations Needed June Provide youth Incentives for Assist youth in registering for having been employed for 3 summer classes consecutive months 3. Document the median earnings of participants in unsubsidized employment during the 2nd quarter after exit. During the second quarter after exit, all youth will be asked to fill out a follow-up form which contains information on wages, location of hire, and length of employment. The information on wages will be extracted from all currently employed youth to determine the median earnings of participants during the second quarter. 4. Percent of participants who obtain recognized postsecondary credential or Secondary diploma during participation or within 1 year after exit. At the beginning of the program, the Educational/Career Counselors and the Case Managers will enroll all of the participants in a recognized credential programs. Every month, the Counselors will check on the students' progress. Moreover, the Educational Counselor will build a relationship with the Postsecondary Credential Instructors, and receive a monthly progress report. The Counselors will then schedule City Council 16 — 42 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal a meeting with those students who have not advanced. For those students who did not complete a credential during the 151 year of the program, the Counselors will meet with the participants, and re -enroll in a credential program during the 1st quarter follow-up. The Counselor will once again check on the participant's progress, and encourage and support participants to complete credentials. When participants complete their credentials, they receive an incentive during the 2nd quarter of the follow up. During the 3rd quarter follow up, the Counselors will once again check on the participant's progress. The Counselors will meet with the participants bi-weekly, and make any scheduled changes that will benefit the participants. If participants complete a credential, they will receive an incentive during the 4th quarter follow up. S. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. Participants will meet with the educational counselor every month to discuss their educational goals. They will take an ONET assessment that will guide them in figuring out their strengths and weaknesses, as well as potential careers that fall in that category. Furthermore, meetings will be tailored to research majors and schools that contain the adequate resources to be successful. All participants will be enrolled in a credential program at the beginning of the program. The Counselor will meet with participants to receive monthly updates, and verify the participant's progress with the teacher. 6. Effectiveness in serving employers. WIOA Participants are eligible to continue to meet with the Case Manager and Job developer though out the year, and as necessary, to continue to gain employment training to improve their work ethics, and job skills to keep moving forward and improving at their current work sites. 16. Prior Outcomes A. If your organization was previously awarded a WIOA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes for the past 1-2 years from each WIB if applicable: OCCTAC has been providing the WIOA program to Santa Ana youth for the past 14 years! Please see below our outcomes for the last 6 years. OCCTAC PERFORMANCE OUTCOMES (Santa Ana WIOA) C0 mon>measures 2012-13 `.3013-14 2014-15> 2915-16 2016-17 201T•1 `- Increased Literacy/ 74% 95% 100% 100% 89% 73% Numeracy Skills Entered Employment or 95% 73% 72% 75%? 80% 89% Post -Secondary Attained Credential/ 82% 67% 93% 100% 65% 89% Diploma/Certificate City Council 16 — 43 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 17.Fisca) Competency A. Describe the process used to capture and report fiscal data. All invoices or vendor statements will be initialed by the Executive Director prior to signing the check to pay that bill or invoice. After checks are printed and signed, the accountant shall mark "Paid" with the date of payment and check number utilized for payment. All disbursements shall be reviewed and approved by the Executive Director. A monthly review of all disbursements shall be conducted by the Accounting clerk and reviewed by the Executive Director and the Finance Committee for verification of accuracy, documentation and appropriate approval. The Executive Director shall be authorized to expend funds as approved by the Board of Directors under the organization's annual operating budget. B. Attach a copy of the organization's procurement policies and procedures as Attachment I. Please see attached OCCiAC's Procurement Policies and procedures. C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. All requests for reimbursement shall be reviewed and approved by the Executive Director and Finance Committee. All reimbursements are subject to budgetary limitations as established in the organization's approved operating budget. No reimbursements are made without appropriate backup documentation. Please see details below of the accounting system used at OCCTAC: • Accounting,_Method: OCCTAC utilizes a modified accrual -based account methodology. • Cost Allocation Method: Costs are allocated using the Direct Cost Allocation Method (OBM Circular A-122). OCCTAC classifies each item to a specific program, department, site, grant or contract that it directly relates to. Indirect expenses like general administration and general expenses are allocated based on the allowable budgeted portion of each program with the remaining portion to the center's administrative category. OCCTAC shall produce financial reporting for each of the Center's program functions. In consolidation, these programs shall make up the overall financial position of OCCTAC. All transactions (Payments and cash receipts) that occur at the center shall be classified under identified categories and programs. When program funding is split between two or more sources, the cost allocation for this program shall conform to the budget allocations established in the program. • Budgets: Under the guidance of the Finance Committee and prior to the beginning of each fiscal year, the Executive Director prepares an Operational Budget, including Program Budgets. Tuition fees, Service fee rates, etc., shall be approved by the Board. Any gifts (monetary or otherwise) resulting from fund-raising activities, solicitations and acceptance of gifts or contributions that are presented with restrictions of use shall be approved by the Board of Directors and submitted to the finance committee to verify the appropriate method of accounting and reporting. • Receivables: Receivables shall be aged monthly and delinquent accounts shall be followed up for collection. Receivables from miscellaneous sources shall be reviewed periodically by the Treasurer and significant amounts shall be reported to the Board of Directors. All write-offs shall require approval from the Finance Committee prior to implementation. The Board shall review all write-offs from uncollectible accounts receivables. City Council 16 — 44 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal • Deposits and Receipt of Monies: Deposit of monies are made on a weekly basis, or whenever more than one thousand dollars (in either cash or check) has been received and recorded by the OCCTAC office. All items to be deposited are and shall be stamped "For Deposit Only" to the Account of OCCTAC with the appropriate bank account number, A deposit form for established OCCTAC accounts shall be completed with deposit slip details for cash or multiple checks. A copy of the deposit form, slip and all items to be deposited shall be made for accounting purposes and upon completion of the deposit attached to the deposit slip and turned into the accounting revenue in -box. To ensure appropriate financial controls, the individual making deposits shall not be the same person reconciling the OCCTAC account. All funds received shall be recorded in the accounting system and filed in the locked accounting file cabinet. • Disbursements: All disbursements are and shall be made by checks drawn on the established operating checking account for the OCCTAC. All disbursements shall utilize pre -numbered checks used in sequence. Any and all 'voided" checks are and shall be mutilated and notes on the voided check stub. At no time shall disbursements be made to "bearer" or to "cash". All banking materials, records, blank checks, and deposit books are and shall be maintained in secure cabinets in the OCCTAC office under the supervision of the Executive Director and Accounting clerk. Only those Individuals authorized to handle check stock as their part of their accounting duties for OCCTAC account shall have access to these banking materials. Disbursements are prepared from original invoices. Each disbursement shall require submission of a purchase request form and appropriate backup documentation. Invoices shall be date stamped upon receipt and marked "approved for payment." • Reconciliation of Accounts: All OCCTAC bank accounts are reconciled monthly. A monthly review of all accounts and financial reports are prepared by the Board Treasurer or designated Finance Committee Member. • Files and Records: OCCTAC shall maintain hard copy files for all operational and business transactions that occur. Files shall be separated into the following categories: a) Accounting records, b) Grant documentation, c) Tax filings; Donors, d) Legal/Insurance/License /Permits, e) OCCTAC Programs, f) Personnel documents and files, g) Vendor and Client contracts and other documents. OCCTAC maintains electronic and hardcopy records of all accounting transactions and financial reporting. All electronic records are be copied and stored in a secure, off site location or in a web based file storage system, which is the server. All financial and accounting hardcopy files are stored in secure --lockable file cabinets. Requests for financial documentation get processed through the accounting staff i.e. copy of original document. Original financial documentation remains in the file/s cabinet at all times. D. Describe invoicing process and list qualifications of staff assigned to task. OCCTAC accounting clerk creates monthly WIOA invoices to submit to the City based on expenses incurred during the month. After the Coordinator and the Executive Director review and approve the program expenses, the Accounting clerk enters the data from the participants' stipends and/or time sheets, program staff as well as related expenses into the accounting system to generate an invoice. The invoice will be on the appropriate form provided by the WIOA Contract and submitted for reimbursement. City Council 16 — 45 7/6/2021 EXHIBIT 1 2021-22 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal E. Describe how your organization's financial stability is not dependent on WIOA funds. The Orange County Children's Therapeutic Arts Center has a variety of funding sources, including: (1) contracts, (2) grants, (3) donations, (4) fee for service, and (5) fundraising. OCCTAC continues to maintain current contracts, as well as enter into new contracts with key community partners. Three years ago, OCCTAC started a new contract with the Santa Ana Unified School District and five years ago with MECCA and the County of Orange, Health Care Agency to provide prevention and family wellness programs. We anticipate a steady revenue increase, as we continue to grow each year with SAUSD and our MECCA and County partners. In addition, and as part of the OCCTAC's long-term sustainability plan, the Executive Director and our board of directors have agreed to continue to diversify OCCTAC's funding sources by focusing some more on (1) donor solicitation, and (2) fundraising, and (3) social enterprise ventures. F. Identify the percentage of budget that will go directly to youth (i.e.: work experience payments, direct training, supportive services, incentives, etc.) versus the percentage of overhead and administrative costs. 46% of budget will be directly spent on the youth in the form of work experience, stipends, salaries, direct training, support services, incentives, etc. for the year 2019- 2020. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S). Please see Financial Audit for year ending 2018. 18. Additional Attachments A. You may include additional documents such as flyers, brochures, training descriptions, and/or testimonials that support your proposal and/or further describe the program, as Attachment W. Please see additional attachments included. Attachments Include WIOA Youth Brochures, Youth Testimonials and other Youth Employment Program forms. City Council 16 — 46 7/6/2021 .G EXHIBIT 1 YSPN MEMBER PERFORMANCE PLAN 2021-2022 OC Children's Therapeutic Arts Center WIOA YOUTH POPULATION Youth Populati_o_n Ages # of Youth to be Served In -School 16-18 4 Out -of -School (75% minimum) 16-24 16 TOTAL NUMBER OF YOUTH TO BE SERVED 20 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2'o QUARTER-DECEMBER 31, 2021) Quarter fi of Enrollments Estimated Expenditures per Quarter --��---- per Quarter 1"` 10 $30,000 2"a (100%Enrollment uired.) .Reg ................................................................_10............_..........................._...$40,000...... $45,000 40' $45,000 TOTAL 20 $160,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided In your (Projected Benchmarks subject to change program Baseline=BL ) 1. Tutoring, study skills training, dropout prevention 1. %of participants who are in education/training, strategies or in unsubsidized erployment during the 2nd quarter after exit 2. Alternative secondary school services or dropout recovery Benchmark: 71% 2. %of Participants who are in education/training, 3. Paid & unpaid work experience that have academic and occupational components, which may or in unsubsldized employment during the 4" include: summer employment, pro -apprenticeship, quarter after exit internships & job -shadowing, or On -the -lob training Benchmark: (20% of funds must be used for this element) 4. Occupational skills training —priority for 3. The median earnings of Participants In recognized credentials aligned with sectors in- unsubsidized employment during the 2"" quarter demand after exit 14 400 S. Education offered concurrently with workforce ...........................................................................................................................8enchmork: 4. % of participants who, during the program, are preparation activities in education or training that leads to a recognized postsecondary credential or employment AND _ 6. Leadership development -community service & peer centered activities who are achieving measurable skill gains 7. Supportive Services Benchmark: 75% 8. Adult mentoring 9 Follow-up services for not less than 12 months S. %of Participants who obtain a recognized after exlt (regoired) postsecondary credential or secondary diploma 10. Comprehensive guidance & counseling drug & during participation OR within 1 year after exit alcohol, etc. Benchmark: 64.2% 11. Financial literacy 6. Effectiveness in serving employers Benchmark: BL* _ 12. Entrepreneurial skills training 13. Labor marker information -career awareness and exploration *Pending further State and Federal guidance. 14. Activities to help youth prepare for and transition to postsecondary education City Council 16 — 47 7/6/2021 *T4moUglIit3 EXHIBIT 1 OC CHILDREWS �. �fi ( WI. Y '4x -" At,,��, F R �01 �d 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fox 714.564.9690 • www.occtoc.org Incentive Policy and Procedures WIOA Program 2021— 2022 Purpose: To establish guidelines for providing incentives to participants who successfully commit, and complete goals establish during program participation. Goal is to aid enrolled youth with their successful completion of OCCTAC's WIOA program. Procedures: All incentives are available to those identified as approved WIOA participants. WIOA participants must provide documented proof of their eligibility for the listed incentives provided in this policy. Incentives will be provided in the form of a Target gift card. Delivery will be made in -person or to the WIOA participant's personal email if available and in cases where in -person delivery is shown to be difficult for the WIOA participant and staff. All incentives are based on availability of funding and are processed on a first come first serve basis. Logs of incentives will be kept on a regular basis and will also be case noted for documentation purposes. Summary of incentives: Current Every two Secondary School Subjects Completed $50 Secondary School Perfect Attendance $50 Credential: Current Enrolled Youth $100 Post -Secondary: Current Enrolled Youth $100 Basic Skills Deficient: Increase in EFL $25 Employment: Job Search — - Employment: Obtaining/Retaining employment $25 ......... . $50 Follow-up 1 City Council Attachment Q6 — 48 RevZhEd QJ.t ?.O EXHIBIT 1 OC HILDRE'S 2215 N Broadway • Santa Ana, CA 92706 • 714.54T5468 • Fax 714.564.9690 • www.occloc.org Incentive descriptions: HIS Dropouts: Individuals who are HS dropouts at time of enrollment will be encouraged to attain a HS diploma or GED. Those who enroll into an institution yielding to a HS diploma or GED will be eligible to receive a $50.00 Gift Card for every two (2) subjects they complete while enrolled in all phases of the WIOA program. Doing so will encourage WIOA participants to commit to their educational goal and thus attain a secondary credential within a reasonable amount of time. Case Manager, Career Counselor and school representatives will communicate regularly to ensure that students enrolled into their institution commit to their schedule to complete missing credits on a timely manner. Youth in Secondary Education: Obtaining Credential: Any youth in secondary education that obtains their High School Diploma or GED during current year or follow up will receive a Gift Card incentive. This is to encourage youth for completing their educational goal of obtaining a credential for finishing their secondary education in a timely manner. Because this is a high demand credential by employers we want to use this incentive as a way to help them secure and achieve employment goals. For Current youth: Gift Card incentive will be $100 For Follow-up youth: Gift Card incentive will be $50. Must be completed before the last day of the 41" quarter after Exit. Basic Skills Deficient (BSD) Youth! WIOA participants that are identified as basic skills deficient upon enrollment will receive weekly tutoring in Math and/or Literacy (see Work Based Learning Policy). To encourage tutoring participation and motivation to improve their Literacy and Numeracy skills, youth will receive a $25 gift card per subject when they increase by at least one EFL (Educational Functioning Level). Limit to one gift card per participant. City Council Attachmentt6 — 49 Revi7A6QQ9J020 EXHIBIT 1 0 C C H I L D R E N' S � q 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Employment for Currently Enrolled Youth: To motivate youth to complete their employment goals participants will receive an incentive when they meet at least one of the following goals and provide supporting documentation of completion: • Turn in application for a job and get an interview: $25 Gift Card incentive • Obtain employment: $50 Gift Card incentive • Employed for 3 consecutive months: $50 Gift Card incentive Employment for Youth in Follow -Up: • Turn in application for a job and get an interview: $25 Gift Card incentive • Obtain employment: $50 Gift Card incentive • For each quarter employed: $50 Gift Card incentive Post -Secondary Education for Currently Enrolled Youth: Participants are encouraged to complete their goals toward post -secondary education so that they may advance in their careers and increase their chances of earning higher hourly wages. Participants will be eligible for a $100 Gift Card incentive if they have achieved one of the following goals toward post -secondary education and provide supporting documentation of completion. • Obtaining a Credential such as: Associates Degree or Certificate • Registering for classes for spring or fall semester and FAFSA/Dream Act Application Post -Secondary Education for youth in Follow up: • Obtaining a Credential: $25 Gift Card incentive • Registering for Fall or Spring classes: $25 Gift Card incentive 3 City Council Attachment% — 50 ReVi7J46 R1020 EXHIBIT 1 OC CHILDREN'S ''T I 11".1 1,( A P L (.T] A I S 2215 N Broadway • Santa Ana. CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Supportive Services Policies and Procedures WIOA Program 2021— 2022 Purpose: To establish guidelines for the issuance of supportive services to participants who are identified in need of such services. Goal is to aid participants with their successful completion of their WIOA goals and OCCTAC's WIOA program_ Procedures: EligfUUi Supportive services are available to those identified as approved WIOA participants; have limited resources to meet basic needs; and have expressed the need of additional support to OCCTAC's WIOA Program staff. Supportive set -vices will be made available to participants while they are enrolled in all phases of the WIOA program. These services are contingent upon approval by the Program Coordinator and OCCTAC Director. Provision of supportive service is not an entitlement. Delivery of supportive services will be made in -person or to the WIOA participant's personal email or mailing address if available and in cases where in -person delivery is shown to be difficult for the'WIOA participant and staff. Availability of Funds and Assessment of Need: The fiscal advisor or the accounting clerk and the Executive Director will verify the availability of funds and notify the Program Coordinator. Supportive services are delivered contingent upon availability of funds, the need of the participant and given on a first come, first serve basis. Initial assessment on need will be determined by the Case Manager and will be reviewed regularly. Logs of services will be kept on a regular basis and service(s) will also be case noted for documentation purposes. Transportation Assistance Guidelines: After identifying the need for transportation assistance and eliminating other resources, the case manager and the participant will develop a service plan (ISS) and update progress in the case notes. Transportation assistance is defined as the provision of a gas card; bus pass or ACCESS coupon book_ City Council Attachmei-�C 51 1WA91/2021 EXHIBIT 1 OC CHILDREN'S l� :��.w . ' 1, �.Ai,.. �Rk� 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fox 714.564.9690 • www.occtac.org No replacement bus pass, gas card or ACCESS coupon book will be issued in the event the participant loses his/her bus pass, gas card or ACCESS coupon book. Fingerprinting —Live Scan and TB Test: Participants who work with children and are placed in an educational setting will be required to undergo Fingerprinting —Live Scan through the Department of Justice and show a cleared T13 "hest. This supportive service will be available for participants on a case -by -case basis and determined by the case manager_ Work and School Related Materials: A participant may need to purchase books, fees, school supplies and/or other necessary materials to enable hirn/her to participate in activities leading to a credential. A participant may need to purchase work related equipment, attire, tools, or certification for the purpose of obtaining employment and to enable him her to be successful in employment. Laptops and 'fechnoloiy! During this time where Covid-19 is impacting program services, if a need for technology such as a laptop, tablet, or wi-fi/hotspot is determined in order to complete a W10A program goal, a participant may be eligible for this supportive service on a case -by -case basis. This service is contingent upon approval by the Program Coordinator and OCCTAC Director. (Fellow mk),o-purr hale procedures oudlined in WSD 17-08 when purchasing xhese items.) Child/Dependent Care After identifying the need for assistance and eliminating other resources, the case manager and the participant will develop a service plan (ISS) and update progress in the case notes. Childcare assistance is defined as the provision of $75 payment to institution/dayeare/childcare provider upon receiving an invoice. Participants may receive assistance with childcare or dependent care, which will enable them to participate in activities. Childcare will be limited to a maximum of $75.00 per month per child/dependent. Supportive service available to all youth that enrolled in the program as pregnant or parenting youth. Other: Any other miscellaneous type expenses not mentioned above may be considered with proper authorization. The request must be fully documented and all receipts in proper order. City Council 52 6/ 0 1 Attaclnmety %V]s a� �nm2o21 EXHIBIT 1 1141 � HILDREN'S f (._.... gyp("p@�.�, J 4....� .p r -( �. 0� 1�, _ �f"4 "r.P 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564,9690 4 www.o� Purpose: Work Experience Policy WIOA Program 2021— 2022 To establish guidelines for the WEX youth's paid work experience placements while enrolled in OCCTAC's Youth Employment Program funded through Workforce Innovation and Opportunity Act (WIOA). Eligibility & Customer Profile: WEX youth participating in work experience must have unexpired right to work documents and qualify for the youth employment program by meeting the requirements as outlined in the Youth Program Eligibility and Application Policy. WEX youth will make a plan with case manager in order to assess the developmental needs and place youth in worksite that best fits the WEX youth's experience and interests. Depending on the program that they work for, WEX youth will be working with children age 6 months to adults 65+ if their worksite is OC Children's Therapeutic Art's Center. Customer profile will vary if WEX youth are placed off -site. General Information: Lunch and Breaks: WEX youth must take a %2 hour unpaid break after no more than 5 hours of work. They are also entitled to a paid 10- minute rest period every 4 hours. Unable to attend worksite: WEX youth must notify the worksite supervisor and case manager a minimum of two hours before his/her shift begins if unable to report to work. W-2: To be available for all youths that participated in WEX by January 31 for the hours completed the year before. Youth are City Council AttachmenlQ— 53 aevisVEQ0Agr_021 EXHIBIT 1 r� CHILDREN'S 2215 N Broadway • Sonia Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoaoro responsible for providing OCCTAC staff with the most up to date address so that their W-2 gets mailed out to the correct address. Worker's Compensation: WEX Youth are all covered under OCCTAC's insurance. If they are ever to become injured or hurt on the job they will call the insurance company and go to the provider covered by the insurance. Work Hours: On average WEX youth will work between 10-20 hours a week. Below are the maximum hours the WEX youth may complete based on California labor laws. WEX youth are not authorized to work overtime. Ages14-15 - ......................... Ages16-17 Ages18+ Work Hours • 7am-7pm from • 5am-10 pm when Anytime Labor Day to June 1 there is school the • Not during school next day hours • 5am-12:30am when • 7am-9pm, from June there is no school 1 to Labor Day the next day - Maximum hours ............ --- 18 hours a week but not 40 hours a week, but — 40 hours when school in over: not over: session • 3 hours a day on • 4 hours a day schooldays Monday -Thursday • 8 hours a day • 8 hours a day Saturday -Sunday Friday -Sunday and and holidays holidays Maximum hours • 40 hours a week • 40 hours a week 40 hours when school not in . 8 hours a day • 8 hours a day session V City Council AttachmeJPC 54 Revi{eA5/C7421 EXHIBIT 1 OC CHILDREWS 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Pax 714.564.9690 • wwwoccij_g - ((,3 Timecards and Sign in Sheets: Worksite will have a binder or designated location on -site where WEX youth will sign in and out. In order for the timesheets to be valid, youth must have the supervisor initial after every shift. Youth will then complete timesheets to the best of their knowledge and sign them. Signatures may be completed in -person or through a pre -approved electronic signature program. At the end of every month, youth must turn in sign -in sheets and signed timesheets to coordinator. If WEX youth is unable to collect sign in sheets, OCCTAC staff may retrieve the sign in sheets from worksite. Paycheck Information: WEX youth will be paid on the 25t' of every month. Duration and Length of WEX Activity: Based on the availability and needs of WEX youth, work experience should be a minimum of 6 weeks and not exceed 45 weeks or 900 hours unless approved by Program Manager. Staff of Santa Ana Workforce Development Board may approve WEX waivers of the 900-hour limitation policy. Waiver requests must be submitted in writing. Youth may not exceed the 900-hour limit prior to the date of waiver approval. Rate of Pay and Payment: During Stipend WEX youth will receive $125.00 for every 10 hours completed for the first 40 hours of work experience. Immediately after that, youth will be compensated at the current California minimum wage for every hour worked. I City Council AttachmedtT- 55 Rev i5746dRW2t)21 EXHIBIT 1 :���(� P"P G i ° raO C CHILDREN'S �M is nri/lni�rn 2215 N Broadway • Santa And, CA 92706 • 714.547.5468 • Pox 714.564.9690 • www _gG�.j�r_.„grg Worksite Review: Worksite review will occur during their WEX training. Worksite will be monitored for compliance of worksite agreement and safety standards. The purpose will be to ensure that WEX youth is receiving quality training while working in a safe and comfortable environment. OCCTAC staff member is to visit the worksite before training begins to meet with the WEX youth's supervisor and monitor the worksite. Staff is to do one visit halfway through training. If corrective action is required, worksite supervisor will be informed by OCCTAC staff of any inconsistencies in the worksites operations. A follow-up visit will be made within three to five working days after the findings have been identified, to review corrective action taken by worksite. Allowable Expenditures: WEX funds may be used to pay participant's wages and related benefits for work experience in the public, private, for -profit or non- profit sectors when the participant's objective assessment and individual service strategy indicate that work experience is appropriate. Allowable expenditures beyond wages may include the following: • Classroom training or the required academic education component directly related to the work experience. • Professional development training related to work experience. • Orientation sessions for WEX youth and employers. • Tutoring with OCCTAC tutor in order to improve skills or meet ISS Goals. • Meeting with supervisors or employers outside of scheduled work hours for planning, training, or evaluating progress. City Council AttachmJk— 56 4 77 //�� //'�77((��''7711 Revise PRQ421 EXHIBIT 1 (f`aA ,,„ 'QC CHILDREN'S lv�® �I ' 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoc.oro Worksite approval Procedures: Worksite approval procedures ensure that the Worksite fits the WEX youth's developmental needs, is a safe environment for them to work in, and provides valuable training. OCCTAC staff will visit the worksite, and fill out a worksite safety report depending on the youth's age. They should also present the worksite supervisor with the worksite training agreement and contract outlining the training/ learning objectives for WEX youth. 1. The worksite location must be safe, appropriate to the WEX youth's age, ADA compliant and EEO compliant. 2. The on -site supervisor must agree to abide by the rules indicated in the worksite training agreement 3. The on -site supervisor must outline training objectives that coincide with the WEX youth's development and capabilities on the Training Plan. OCCTAC staff will evaluate the proposed Training Plan and suggest appropriate learning objectives when necessary. On -site supervisor must agree to any edits suggested by OCCTAC Staff. 4. Approved: Once the worksite complies by the three conditions stated above the worksite will be approved for paid WEX. S. Not Approved: If the worksite or the on -site supervisor do not comply to the following: safety, ADA and EEO compliance, worksite agreement and appropriate objectives; the worksite will not be approved for paid WEX. Agency Worksite Agreement Procedures: The worksite agreement procedures ensure that all worksites are evaluated equally and follow the same procedure. Once Staff deems the worksite safe the staff will meet with the supervisor to explain the different parts of the worksite agreement City Council Attachmd&- 57 5 7 �� /'j(� 1 Rev Si/iE �R2D21 EXHIBIT 1 CHILDREN'S Y 2215 N Broadway • Sonta Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www,occl_gc_org and complete the documents before the WEX youth's first day of training. Worksite training agreement includes: a) Letter from executive director introducing the objective of our Youth Employment Program funded by WIOA b) Worksite training agreement c) WEX youth responsibilities d) Training plan and worksite schedule. Staff Roles and Responsibilities: A. Complete Worksite safety report to best of knowledge and ensure that worksite is ADA and EEO compliant. B. Complete Agency Worksite Agreement with worksite supervisor. See Agency Worksite Agreement Procedures (page 6). C. Complete all parts of Worksite Approval Procedures (page 5) to ensure that the worksite is the best fit for WEX youth. D. Complete a minimum of three worksite reviews as outlined in Worksite review (page 4). E. Provide age appropriate work sites. F. Meet with worksite supervisors to evaluate WEX youth's work performance and distribute evaluations G. Meet with WEX youth to evaluate the worksite and make plan for developing job skills when necessary H. Assist with job placement at conclusion of WEX training. I. Educate WEX youth on health and safety and make safety plan in case of injury. WEX Youth Roles and Responsibilities: A. Be willing to commit to learning and working hard B. Be willing to follow work hours, instructions, work policies and rules City Council Attachmen�(�— 58 f1 6 RoAJIC PO 2121 EXHIBIT 1 OC CHILDREN'S 2215 N Broadway • Santa Ana, CA 92706 • 714.5475468 • Fox 714.564.9690 • www,,o„rCtaa.ora C. Keep accurate timesheets and submit timesheet to the OCCTAC Youth Employment Program office at the end of each month. D. Immediately report any work related incidents to both the worksite supervisor and the OCCTAC staff E. Communicate any inappropriate behavior of work related issues to OCCTAC staff F. The WEX youth agrees to call the worksite supervisor a minimum of two hours before his/her shift begins if unable to report to work. G. The WEX youth is required to stay in his/her assigned placement for a period of 2-3 months. After a period of three months, if the WEX youth chooses to continue at the worksite he/she may do so with the approval of the work site supervisor and OCCTAC staff. If participation is extended additional duties and opportunities to acquire new skills should be included, in order, to further enrich the WEX youth's experience at worksite. H. Abide by responsibilities outlined in the worksite training agreement. Worksite Supervisor Roles and Responsibilities: A. Be willing to train and mentor the WEX youth B. Be willing to complete quarterly evaluations of WEX youth performance. C. The worksite supervisor understands this to be an entry level position and the responsibilities assigned shall be entry level, D. Be willing to provide to OCCTAC staff and to the WEX youth a Job Description indicating WEX youth job responsibilities at worksite. E. Give WEX youth appropriate safety training for the worksite F. Give WEX youth timely breaks when appropriate as outlined in the worksite training agreement. City Council Attachmeflfc— 59 RavlZ de'Wk2t EXHIBIT 1 HILDREN'S Er r ai 2215 N Broadway • Santa And, CA 92706 • 714.547.5468 • Fox 714.564.9690 •wow QcS.t4.3. qr� G. Abide by the work hours and responsibilities outlined by the worksite training agreement. If any changes are made first they must be approved by OCCTAC staff and stay within the hours outlined above in "general information" section (page 1). H. Be ADA compliant I. Adhere to the Equal Opportunity Grievance Procedures J. Observe California State and Federal Child Labor Laws City Council AttachrnJ&— 60 Revised6OS9 72b211 EXHIBIT 1 Orange County Children's Therapeutic Arts Center Procurement Policy 2021- 2022 Orange County Children's Therapeutic Arts Center (OCCTAC) has established this policy to guide its procurement of supplies, equipment, and services. The purpose of this policy is to insure that OCCTAC makes procurement decisions and payments in an open and fair manner and to document all purchases when appropriate. A. Code of Conduct No employee, officer, or agent of Orange County Children's Therapeutic Arts Center (OCCTAC) shall participate in the selection or in the award or administration of any procurement if a conflict of interest, real or apparent would be involved. Such a conflict could arise if the employee, officer, or agent: any member of her/his immediate family; his/her partner; or an organization which employs or is about to employ any of the above has a financial or other interest in the firm selected for award. No officer, employee, or agent of OCCTAC shall solicit or accept gratuities, favors, or anything of monetary value form contactors, potential contractors, or parties to sub- agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Any alleged violations of these standards of conduct shall be referred to the Executive Director. Where violations appear to have occurred, the offending employee., officer, or agent shall be subject to disciplinary action, including but not limited to: dismissal or transfer; when violations or infractions appear to be substantial in nature, the matter may be referred to appropriate officials for criminal investigation and possible prosecution. B. Procurement Procedures The officer, employee, or agent responsible for procurement of services, supplies, equipment or construction shall review all proposed procurement actions to avoid the purchase of unnecessary or duplicative items. All services and items will be purchased with consideration of these priorities: 1. Best price 2. Features and quality of the item 3. Willingness to meet billing, delivery, and service needs 4. Minority or -Women -owned supplier Services and items less than $500: Comparisons of prices, quality, and features can be made by visit, telephone, or by consulting advertisements and catalogues. All purchases raustbemade within budget City Council 16 — 61 7/6/2021 EXHIBIT 1 guidelines. Writt:enauthorizationand sales receiptconfinningpayrncm:mustbekepton file. Service and items costing more than $500 (routine ntu•chases): a. Adesignated staf£member -ball identifytwo orthreevendors wbo offer discount or competiLively priced supplies. Staffshall routinely "shop"those vendors, looking for the best overall price on each order--thougb notnecessarily on an item -by -item basis. Once each year, the staff shall determine which two or three vendors in the area offer the most competitive prices. Written documentation of the research shall be maintained. b. Nothing in theparagraph abovc shall prev cm stafffrom taking advantage oflower prices from other vendors whenever better prices are available. c. Whenpossible,stal shallatLLrnpttonegotiatediscountsforlargervolume purchases, and should inquire about discounts for paying cash. d. Allpurchases mustbemadewithinbudget guidelines. Written authorization and sales receipt confirming payment must be kept on file. Service and iterns costing more than $500 (infrequent nurchases): a. A designated staff member shall obtain written quotes or advertisements from three vendors. Purchase decisions shall be made on the basis of the most advantageous purchase for OCC TAC, based on the above criteria. b. Northing intheparttgraph above shall prevent stafffinm talcing advantage of lower prices from other vendors whenever better prices are available. c. Whenpossible,starfshallattempttonegotiate discounts forlargervolume purchases, and should inquire about discounts forpaying cash. d. All purchases must be made within budget guidelines. Written authorization and sales receipt confirming payment must be kept on file. S�,]�,SourceProcuremeut .. The use of sole supplier is discouraged, and requires the written authorization o ['the Executive Director. Requests forsole sourceprocurement must inelude thereasori forthe lack of competitive information and justification for the selection. C. Authorization a. StaffAuthorization:TheExecutiveDirectorymayatherorhisdiscretion,giveorre or more staff members purchase authority for purchases. City Council 16 — 62 7/6/2021 EXHIBIT 1 b. Funds for alI purchases must appear in the current board -approved budget. D. Unauthorized Purchases The purchase of supplies for personal use is prohibited, as is anypurchase madewithout the approval ofastaffrneniberhavingpurchase authority. Inadditionto being subj ectto disciplinary actionunderthepersonnelpolicy and anyremedies available underthelaw, an tmauthorized purchaser will be held personally liable for the cost oftheunauthori,zed purchase. City Council 16 — 63 7/6/2021 EXHIBIT 1 6r rJOrange County Children's Therapeutic ARTS Center 2215 North Broadway Santa Ana, CA. 92706 t (714) 547 - 5468 www,occtac.org YOUTH PROTECTION POLICY "these OCCTAC Youth Protection Policy Guidelines are designed to help protect our youth in a proactive manner against verbal and sexual abuse (hereinafter "abuse"). OCCTAC prohibits any form of harassment of applicants, visitors, organization members, employees and especially YOUTH. All persons, including youth are to be treated with courtesy, dignity and respect at all times. Sexual harassment is defined as unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. The definition encompasses many forms of offensive behavior and includes gender -based harassment of a person of the same sex as the harasser. OCCTAC Staff and Volunteers must be able to identify abuse when they see it, know their responsibilities to report suspected abuse, and provide a quality of leadership that will ensure that no child becomes the victim of abuse through willful act while participating in OCCTAC. Definition of Abuse Abuse is defined as verbal and sexual abuse, sexual harassment, and inappropriate sexual verbalization_ The OCCTAC program requires OCCTAC stati'and volunteers to provide good supervision, maintain safe surroundings, and ensure a safe and secure environment that eliminate and prevents opportunities for abuse. 'Pouching Youth. Employees and Volunteers need to be mindful that an affectionate ("harmless") gesture towards a child could be construed as inappropriate by the child or the child's parent. Complementine Youth. A supportive comment or words of encouragement serve as positive reinforcement from the OCCTAC Staff and Volunteers for the youth's accomplishments and good behavior are safer than those comments related to appearance. Rewarding Youth. Should an employee or volunteer wish to give a reward or token gift to a child, it should be something that is given to other children in the same circumstances. Otherwise, the child or the parent could misconstrue the gesture_ Photos of Youth Members OCChACT policy prohibits the posting on the Internet of photos of youth identified in any way, such as by name, region, or club affiliation. The publication of photos of youth, identified or not, is permitted in OCCTAC and related publications whose distribution is limited primarily to OCCTAC staff - Interactions with Children/Youth An adult should NEVER be alone with a child or youth under any circumstances. City Council 16 — 64 7/6/2021 EXHIBIT 1 Jeri ��fi (q`'°" Orange County Childress Therapeutic ART5 Center m 2215 North Broadway Santa Ana, CA. 92706 p (714) 547 - 5468 www.occtac.org Reporting Suspected Sexual Abuse The primary reason for reporting sexual abuse is to protect the youth from further abuse. In addition to protecting the youth, reporting abuse can also provide help for the suspected abuser. Who must Resort OCCTAC Employees and Volunteers shall assume the primary responsibility for reporting abuse as tray arise within the Youth Programs. When to Renort OCCTAC Staff and Volunteers are required to report abuse if s/he has knowledge of; or observes a youth who s/he knows or reasonably suspects has been the victim of abuse. Therefore, as soon as an employee or volunteer has knowledge of, or observes a child who s/he knows or reasonably suspects has been the victim of sexual abuse, that person must take a report to local child protective services or cognizant law enforcement authorities. No person may impede or inhibit the reporting duties. In addition, no person making such a report shall be subject to any sanction for making the report_ Any person who violates the rights of an individual to report may be guilty of an infraction punishable by fine. Reporting Procedures All employees of OCCTAC are required by law to report any knowledge of child abuse that may be occurring to any student or child that attends our center. Any observed indications of child abuse that would lead you to suspect that there is child abuse present in the child's life, shall be reported immediately. OCCTAC will conduct yearly trainings for staff on child abuse identification procedures. Report Child Abuse to: Orange County Child Welfare Services Agency (OCCWS) 888 N. Main Street Santa Ana, CA (714)940-1000 (800)207-4464 City Council 16 — 65 7/6/2021 EXHIBIT 1 WIOA 2021-2022 Grant Personnel $ 92.934.60 Coordinator-.75 FTE for47 weeks: (Benefits Included) 30 hours a week for 47 weeks @ $21.00 per hour The Coordinator will work 30 hours a week for 47 weeks providing: recruitment & eligibility intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC - WIA Staff Meetings and document input; organize relative activities. Distribute WEX hours to youth and keep track of all paid hours and supportive service activities. Also, the coordinator will provide assistance to youth during follow-ups, and complete any related documentation. Job Developer / Case Manager — .75 FTE for 47 weeks (Benefits Included) 30 hours a week for 47 weeks @ $18.00 per hour The Job developer is responsible for creatingjob opportunities for clients by researching, identifying and soliciting commitments from possible sources of employment; and provide clients with soft skills and job search training. Job developer will also locate employment opportunities that fit each individual youth depending on barrier such as Disability, probation, or parenting youth. The Case manager portion of this position includes providing documentation & case notes; Identify barriers and goals; monitor progress & goals; meeting regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network ad youth council meetings; organize and attend OCCTAC- WIA Staff meetings and document input; organize related activities, such as: workshops, mock Interviews etc. Career Counselor—.50 FTEfor 43 weeks: (Benefits Included) 20 hours a week for 43 weeks @ $18.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants; mentoring and assisting with related work experience placement; observing and monitoring participants with technical/artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Technology lnstructor—.10FTEfor32 weeks: (Benefits Included) 4 Hours a week for 32 weeks @25.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants as it relates to the technology field; mentoring and assisting participants with related work experience placements; observing and monitoring participants with technical skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular tem meetings. Arts Instructor—.10 FTE for 32 weeks: (Benefits Included) 4 Hours a week for 32 weeks @25.00 per hour: the respective position will be responsible for providing educational and career training in the Arts to all WIA participants; mentoring and assisting participants with related work experience placements; observing and monitoring participants with artistic skills; documentation progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Literacy/Instructor-.18 FTE for 32 weeks: (Benefits Included) 7 hours a week for 32 weeks @$17.00 EXHIBIT D City Council 16 — 66 7/6/2021 EXHIBIT 1 The respective position Is responsible for assessing the literacy and basic skills of all WIA participants; teaching WIA participants learning and literacy strategies; monitoring & documenting literacy progress throughout the program; meeting regularly with WIA participants and attending regular team meeting. Numeracy coach/Instructor--.18 FTEfor32 weeks (Benefits Included) 7 hours a week for 32 weeks @$17.00 The respective position will be responsible for assessing the numeric and basic skills of all participants; teaching WIA participant's learning and mathematical problem solving strategies; monitor & documenting progress throughout the program; meeting regularly & Individually with WIA participants to train on related curriculum; and attending regular team meetings. Parking Fees S 50.00 Funds allocated for parking fees at CWA Conference, Trainings, and Campus visits. Maintenance _ $0.00 Insurance $0.00 Equipment rental Fees S0.00 Ve iclg Lea e S QUO Funds Allocated for the rental of 1.2 buses for Field trips Bus Rental $250 each Office Expenses 91.340.00 Office Supplies: as needed for 1 year $680 Office supplies (copy paper, files, folders, pens, highlighters, paper clips etc.) will be purchased as need by WIOA staff members though out the year in order to assist in administration work, resource information, youth, workshops, meetings, and classes. Food: as needed for Field Trip and Conference: $360 2 field trips: 2 X $80 = $160 2 conference trainings $200 TABE Test Material $300 Purchase necessary'TABE Test score sheets to asses' students before and after program session EXHIBIT D City Council 16 — 67 7/6/2021 EXHIBIT 1 Le al Assistance SO.00 Auditing Services __Sono Staff Traininp Som Staff Conferences �630.00 CWA conference registration fee for 1 or 2 case managers Staff Travel/Mileage _ 5200.04 Mileage for WIA Staff as needed for 1 year $200 Mileage reimbursement will be made for WIA Staff for driving to WIA required events. Such as YSPN meetings, Staff trainings, driving youth to necessary events (fields trips, Youth council meetings, City Council Meetings, WEk placements, resource or referral appointments) Stipends and Wages for 20 Participants S 40 480.00 Training Stipends (in school — out of school youth) — 20participants First 10 hours: participants given $125 stipend to participate in program Second 10 hours: participants given $125 stipend to participate in program Third 10 hours: participants given $125 stipend to participate in program Fourth 10 hours! participants given $125 stipend to participate in program After stipends completion Months 3 —11: participants paid the California rninimum wage .. currently $14.00 per hour for Work based learning (5 -10 hours per week or as funds become available) unoortive Sery Buss Pas/Gas Voucher: As needed for 20 participants $5,733.00 12 bus passes @65.55each for 5 months $3,933.00 4 gas cards @$50. Each month for 9 months $1,800.00 Funds are allocated for youth who are in need of transportation related support Work Related supplies: As needed for 20 participants $736,00 Work related and Skills building tools, book, portfolios. Items needed for job interviews, Employment opportunity, employment enhancement trainings and clothing, supplies. Academic Support: As needed for 20 — participants $736.00 Tuition Support for certificates or other related academic programs for 20 participants; books for related course work, tutoring supplies, and college field trips and other academic supplies. Fingerprinting/TB Test; as needed for 20 participants $620.00 20 fingerprinting @$16 each $320.00 and 15 TB test @$20 each $300.00 Funds allocated for Dept. of Justice Clearance & TB test for employment. Program Incentives S2,000.00 High School Drop Outs $SO incentive for every two modules or classes completed leading to a High School Diploma EXHIBIT 0 City Council 16 — 68 7/6/2021 EXHIBIT 1 2 Youth x 5 (10 modules) = 10 x $50 = $ 500.00 High School Diploma or Post -Secondary Education $100 incentive for obtaining high school diploma; registering for Fall or Spring Semester at post -secondary institution; or obtaining a credential. 5 youth = $500 Basic Skills Deficient (BSD) Youth $25 incentive for increasing their EFL score by at least one level in either Math or Reading subjects for participants that are identified as basic skills deficient upon enrollment. 16 youth = $400.00 Employment $25 incentive for submitting a job application and obtaining a job interview. 8 youth = $200 $50 incentive for obtaining employment. 8 youth = $400 Youth Conferences,,,......_._._._ $800 CWA conference registration fee for 1-2 currently enrolled youth Follow Up S3mo.00 Indirect C st 510 240.40 10%de`Minimis Program Documents: a. WIA Youth Sign in Sheet: Participants will log and track all activities and hours accumulated on a day by day basis and have supervisor sign to confirm time of arrival and departure to their activities. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session etc. b. WIA Youth Time Sheet: Participant will turn in a weekly time sheet with all hours accumulated throughout the weeks in activities attended. Youth will be asked to log there task in detail in order to provide proof of activities attended. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session and any other supplemental hours approved by supervisor. c. WIA Staff Time sheet: Staff will turn in a weekly time sheet with hours worked for meetings with WIA youth, WIA administration, teaching a WIA class or Workshop, or Tutoring and preparing for youth appointments, as well as any additional supplemental hours approved by WIA staff supervisor and administrator intended for WIA program purposes only. 43% of budget will be directly spent on youth in the form of paid work experience, stipends, certificates training, college tuition support and other support services. EXHIBIT D City Council 16 — 69 7/6/2021 EXHIBIT 1 MOMEII 118-1 BUDGBTFORM 2021-2022 Total WIOA Cost Match/In Kind Z.i' n fir: x t •llv� tY� H! ,bP2 0 n 5B I s h, °i�al,s r n, . � � ¢ � n ; r ?'i , 1. Program Coordinator.75 FTE 47 weeks $21/hr. 30 hrs. per wk. $29 610.00 $29,610.00 Ext. Director $40,000 2. Job Developer & Case Manager.75 FTE 47 weeks 18 hr. 30 Wrs. er wk. ........................_. 3. Career Counselor.50 FTE 4-1 weeks$18/hi. 20 hrs.�er wk. $25,380.00 .................................................................................................c............... $15,4g0.00 25 380 ;00 $15,480.00 Acct. Clerk $SS,000 Office Mgr- $25,000 4. Technology lnstructor.10 FTE 32 weeks $25/hr. 4 hrs. per wk. $3,200.00 $3,200.00 S. Arts Instructor.10 FTE 32 weeks $25/hr. 4 hrs. per wk. $3,200.00 $3,200.00 Program Staff $80,000 6. Literacy Coach .18 FTF, 32 weeks $17/hr. 7 hrs. per wlc. $3 808.00 $3,808.00 5AC Instructors $93,000 7. Numeracy Coach .18 FTE 32 weeks $17/hr. 7 hrs. per wk, $3,808,00 $3,808,00 Child Dev. Certificate $60,000 ,,.IWr,.;rr'. 1. Program Coordinator $2,961.00 $2,961.00 4,000 2, Job Developer & Case Manager 52,538.00 $2,53&00 1,500 3. Career Counselor $1,548.00 $1,54&00 2,500 4. 'Technology Instructor $320.00 $320.00 5. Arts Instructor $320.00 $320.00 3,000 6. Literacy Coach $380.80 $380.80 8,000 7. Numeracy Coach $380.80 $380.80 6,000 Total Personnel Salaries & Benefits $92,934.60 $92,934.60 330,000.00 ,b e,fa tj "ff EXPe'u sh.<.... .'z<., a. -✓ h1.', i4$'.z { , r.,i?:kvr . .aa�. T««)'.1' ,Jf '.. , i' dl+ed.,. Rv�.$-A�, 91 S�sr.N: 3jFiL9li "" w' ii,� frcMh„ .:1 Rent_,...__ $105,000 Utilities Phones $11,200 13,000 Internet Fees See phone - Parking Fees tS50.00 0 $50.0 _ N/A Secudty _ N/A _ Maintenance $12,000 Insurance Equipment rental fees . �11,500 N/A Accounting Services $48,000 Vehicle lease _____.'__.........................$SQO.0.................................................5500...0......................_.. Office expenses consumables) $1,340.Q0 $1, 340.00 N,0 15,000 Legal Services _ N/A Auditor Services __........................................................................................ N/A Indirect Cost -._................................................. _.... N/A Staff Training _._. _ $630.00 N/A N/A Staff Conferences $630.00 Staff Travel/Mileage _ $200.00 $200.00 N/A Vw Participant Wagers $40,490.00 540,480.00 N/A Supportive Services $7,825.00 $7,825.00 N/A Participant Incentives $2,000.00 $2,000.00 N(A Youth Conferences $800.00 $800.00 N/A Indirect Cost 10,240.411 $10,240.40 N/A Follow Up $3,000.00 $3,000.00 N/A Total Operating Expenses $fi7,Ofi5.40 $67,065.40 $215,700.00 GRAND TOTAL (Personnel + Operating) 160,000.00 160,000.00 $545,700.00 City Council 16 - 70 7/6/2021 EXHIBIT 1 COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 City Council "" '-- T6 — 71 7/6/2021 EXHIBIT 1 Table of Contents 1. Information Regarding Complaints 3 A. Nondiscrimination and Equal Opportunity Complaints 3 1. Policy Statement 3 2. Civil Rights 4 3. Nondiscrimination laws under WIOA 4 4. How to File Your Com B. Criminal Complaints. 11. General Procedures for Handling Non -Criminal Violations of the Act 6 111. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants _17 GLOSSARY OF WIOA TERMS Wi1 City Council EXHIBIT E — 72 7/6/2021 EXHIBIT 1 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. City Council EXHIBIT E — 73 7/6/2021 EXHIBIT 1 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: • You may not be denied the opportunity to enroll in WIOA. No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act of 1973 City Council EXHIBIT P — 74 7/6/2021 EXHIBIT 1 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of_the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin, Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: City Council EXHIBIT 16 — 75 7/6/2021 EXHIBIT 1 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667,600.... Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." II. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub City Council EXHIBIT E — 76 7/6/2021 EXHIBIT 1 recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: 1. All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. City Council EXHIBIT tP — 77 7/6/2021 EXHIBIT 1 A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a participant. as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; City Council EXHIBIT 16 — 78 7/6/2021 EXHIBIT 1 e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put In writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 City Council EXHIBIT E — 79 7/6/2021 EXHIBIT 1 A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. City Council EXHIBIT E — 80 7/6/2021 EXHIBIT 1 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. City Council EXHIBIT �6 — 81 7/6/2021 EXHIBIT 1 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record City Council EXHIBIT t6 — 82 7/6/2021 EXHIBIT 1 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be Initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level City Council EXHIBIT E — 83 7/6/2021 EXHIBIT 1 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. City Council EXHIBIT e — 84 7/6/2021 EXHIBIT 1 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). City Council EXHIBIT E6 — 85 7/6/2021 EXHIBIT 1 PROCEDURES FOr HANDLING NON-CRIMINALr■ 4 No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 10 days from date LWDA decision should have been issued. Handling of complaints filed at LWDA level arising in connection with W10A programs operated by LWDAs Informal Resolution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL City Council EXHIBIT E — 86 7/6/2021 EXHIBIT 1 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst— EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 VI. Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather Information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. City Council EXH1131T 06 — 87 7/6/2021 EXHIBIT 1 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. City Council EXHIBIT E- — 88 7/6/2021 EXHIBIT 1 CEDDRES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY No later than 180 days of alleged discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of initial filing of complaints Filing of complaint on the basis of Disability with LWDA - Informal Resolution o If no resolution reached Request for Hearing Notice of Hearing �u Hearing Conducted ......... LWDA Decision _ Unsatisfactory Decision or No Decision o Review -State. Governor's Decision Appeal to Assistant Secretary Department of Labor -_ Day 1 Day 145 Day 60 Days City Council EXHIBIT t6 — 89 7/6/2021 EXHIBIT 1 GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress In 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP), COMPLAINANT. GRIEVANT. OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. City Council EXHIBIT �6 — 90 7/6/2021 EXHIBIT 1 JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined and (2) Who is receiving subsidized employment, training services) funded under the Act, following intake, except for an and/or intake and assessment services. eligible for participation upon intake; or services (except post -termination individual who receives only outreach City Council EXHIBIT 1fi — 91 7/6/2021 EXHIBIT 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR GONTRACT,,S GRANTS LOANS and COOPF.RATIVF AGRFEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipient's shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. C) C C (0%zc- aG ' i , I I— r'pr- Ausu — )MeZ�,« .d., Name of Certifying Official Signature Occ_TAre— X0p 1'k— vv- - �_v'Ce� Program City Council 16 — 92 7/6/2021 EXHIBIT 1 Certification Regarding Drug -Free Worl�ulace Requirements The certification set out below is a material representation upon which reliance Is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring In the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S, Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT G City Council 16 — 93 7/6/2021 EXHIBIT 1 (g) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d),_(e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development Immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Date Program Ope for S iature EXHIBIT G City Council 16 — 94 7/6/2021 EXHIBIT 1 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: O)�Cildren's Therapeutic Arts Center Name of Contractor: OCCTAC- Dr. Ana Jimenez-Hami E.D. Contractor Number: A-2020- Date: July 1. 2020 - June 30, 2021 Wm The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): OCCTFIC.___ 2215 North Broadway, Santa Ana. CA 92706 Address EXHIBIT G City Council 16 — 95 7/6/2021 EXHIBIT 1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification Is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C7 G t "&\C- G cy\'A hYwS Grantee/Contractor Organization (dame and Title of official Authorized to Certify On Behalf of the Grantee S' S -- a a 1:L—, Date City Council EXHIBIT A 6 — 96 7/6/2021 EXHIBIT 1 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds Is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If It Is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms `covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used In this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. S. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6, The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification Is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph S of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedles available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City Council EXHIBIT F16 — 97 7/6/2021 EXHIBIT 1 Assurances & Certifications Selected providers will be required to sign and submit "actual' assurances and certificates as required by the (1ty of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. if I cannot, this proposal will be automatically rejected. Please initial each box. FT am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of tWWs agency or business to submit this proposal. e are not currently on any Federal, State of California, or local Debarment list. e will provide records to show that we are fiscally solvent, if needed, o have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIUA finds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIOA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. (These include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non-discrimination provisions. eeting requirements of Section 504 of the Rehabilitation Act of 1973. eeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. ( L "Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability ��������������yt��-,verage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance �,-}�(ine]ud'utg part-time employees) /�qI Procurement policies and procedures are in place and meet federal guidelines. '' Wo not: Plane a youth in a position that will displace a current employee. Jae WIOA_money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. Use funds for youth in the construction, operation, ar maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIOA funds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. Use WIOA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 mless the program(s) are only ;for youth eligible to participate under W IOA. GUse WIUA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Name Title Date City Council 16 — 98 7/6/2021 EXHA BIT ...,�._....... Villareal ® CERTIFICATE OF LIABILITY INSURANCE OATEIfZ20YYYY) 11 /23/2020 THIS CERTIFICATE IS 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polici ies) must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER CONTACT Certificate Issuance. Team NO Comprehensive Insurance. Services 26420 Rancho Parkway South Ate ON aCNc (flag)709-6600 Nu: (949)709-1666 AuoRESS: leremyr(�thecomprehonsiveinsurancd.com INSURERIS) AFFORDING COVERAGE NAIC A Suite 120 Lake Forest CA 92630 INSURGRA: Nenprolits Insurance Alliance of California 10023 INSURED INSURER B. Slate Compensation Insurance Fund 35076 INSURER C Orange, County Chlldren'S Therapeutic Arts Center INSURER 0: 2215 N. Broadway INSURER E !!!1 ER f Santa Ana CA 92706 COVERAGES CERTIFICATE NUMBER: CL20112304954 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS LED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100 INDICATED, NOTWITHSTANDING ANY REOJIREMFNT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TI'1F POLICIES DESCRIBED HEREIN IS SUBJECT l'D ALL I HE'I'ERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCE„D BY PAID CLAIMS. LTR TYPE OF INSURANCE NSQ mn POLICY NUMBER MMIDDlYVYY MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1000.D00 CLAIMS-MADC X OCCUR PRFMISF.S Eae 5 500ODD MSDEXP An Or¢vrerson $ 20,000 PERSONAL &ADv INJURY S 1.000.000 A Y 2020-09201 12/21/2020 12/21/2021 GCN'L AGGREGATE LI MIT APPLIES PER GENERAL ACGRFGATF S 2.000000 ECT LOC POUCY �N? © PRODUCTS-COMWOPAGG 5 2.000,000 $0 Deductible s OTHF,R AUTOMOBILE LIARIIITY COMBINFD9I1(ii.F. I IMIT S 1.000.000 ANYAUTO LY INJIRY(PCr Pff non) S A OWNED $CHeD11LED AU ros ONLY AUTOS 2020-09201 12/21/2020 12/21/2021 ILY INJURY (per accident) F$i S PERTY DAM�OF y HIRED NONOwNCO X ALTOS ON'_Y X AJTOS ONLY Deductible b UMIIRELLA LIAe OCCUR F.ACH OCCURRENCE S AGGREGATE 3 EXCESS LIAB CLAMS-MADF LED RETENTION S S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I" OANY FFICE MEMBER EXCL ER/E%ECUTNE OPFlCERry in NH) ExauDED? N (Mandatory In NH) rvlA 9255171-2020 06115/2020 06/15/2U21 PER F4 X 'lAll l'E. tR $0 Deductible 'c_L EAOH ACCIDENT $ 1.000.000 EL. DISEASE - En EMPLOYEE S 1,000.000 bYYS Ri PT OOOFO OkSCRIPT'.ON OF OPERATIONS Below EL. DISEASE -r1�_',CY .',MIT b 1ODD.DDD A Social Professional Liability Impropeerr Sexual Conduct Liability 2020-09201 12121/2020 12/21/2021 $1.000 00011 000 000 $1,000.000/1OU0000 AggragalelOccurr AggregalelOccurr $0 Deduetble DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101. Addi innal Remarxe SCNBPPIB, may 4e aaacnaa If more SPace Is Mqulr¢d) The City of Santa Ana, Its officers, employees, agents, volunteers, and representatives are included as Additional Insured per attached endorsement CG2026. With respect to claims arising out of the operations and cses performed by or on behalf of the named insured, such insurance as is afforded by this policy Is primary and Is not addltonal to or contributing with any other Insurance carried by or for the benefit of the additional insureds per attached endorsement NIAC E61. 30 day notice of cancellation with 1 D day notice of cancellation for non-payment of premium per policy provision. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana, Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE 4ih FI. VnEaen i.uy ioUwlUu IU —.moo CS�1988-2015ACOR� )1�1 �r4 iL o'P, �%"�%"'d ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORO -, _-- RHk Mdnerp•nwnt Arl:ay:t EXHIBIT 1 POLICY NUMBER: 2020-09201 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy, The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above., will be shown in the DedarationSx,p�n A. Section If — Who Is An Insured additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury'. "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. 1. In the performance of your ongoing operations: or 2. In connection with your premises owned by or rented to you. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law, and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the 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. 4D ISO Properties, Inc.. 2012 City Council 16 — 100 Page 1 of 1 ,r�yT.,�N wskMcna,�mu�drn,deicn (�: D & AP?RO.mVpm 6Yq_ — R.kMenag teat Analyst �� EXHIBIT 1 NONPROFITS INSURANCE Al I IAN( I Or CA] Ir00.NIA A NeaAfarJnsumnce AHeartforNonprofits - POLICY NUMBER: 2020-09201 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR PUBLIC ENTITIES This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II — WHO IS AN INSURED is amended to include. 4. Any public entity as an additional insured, and the officers, officials, employees, agents and/or volunteers of that public entity, as applicable, who may be named in the Schedule above, when you have agreed in a written contract or written agreement presently in effect or becoming effective during the term of this policy, that such public entity and/or its officers, officials, employees, agents and/or volunteers be added as an additional insured(s) an your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your negligent acts or omissions, or b. The negligent acts or omissions of those acting on your behalf, in the performance of your ongoing operations. No such public entity or individual is an additional insured for liability arising out of the sole negligence by that public entity or its designated individuals. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. B. SECTION III — LIMITS OF INSURANCE is amended to include. 8. The limits of insurance applicable to the public entity and applicable individuals identified as an additional insured(s) pursuant to Provision A.4. above, are those specified in the written contract between you and that public entity, or the limits available under this policy, whichever are less. These limits are part of and not in addition to the limits of insurance under this policy. C. With respect to the insurance provided to the additional insured(s), Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance a. Primary Insurance • �- This insurance is primary if you have agreed in a written contract or written agreement: (1) That this insurance be primary. If other insurance is also primary, we will share with all that other insurance as described in c. below, or „„ R]ekTt¢nngemenfDldelrnr i ` "�I1W[�&Mi('ROpY9m aYq aI ���� rl iGr 9.X � N Ua9/sSFR I11111IJIINI ftisH Manage ment Analys[ } EXHIBIT 1 NONPROFITS INSURANCE A[I.IANCE PP CAI If ORNIA A Head fal Insurunue. A H.na far Nonprofits. POLICY NUMBER. 2020-09201 (2) The coverage afforded by this insurance is primary and non-contributory with the additional insured(s)' own insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over: 1. Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire. Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work", (b) '7'hat is fire, lightning, or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner, (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises temporarily occupied by you with permission of the owner, or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent riot subject to Exclusion g. of SECTION I - COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE. (e) Any other insurance available to an additional insured(s) under this Endorsement covering liability for damages which are subject to this endorsement and for which the additional insured(s) has been added as an additional insurod by that other insurance. (1) When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured(s) against any "suit" if any other insurer has a duty to defend the additional insured(S) against that "suit If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured(s)' rights against all those other insurers. (2) When this insurance is excess over other insurance. we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance, and (b) The total of all deductible and self -insured amounts under all that other insurance. (3) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Methods of Sharing If all of the other insurance available to the additional insured(s) permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any other the other insurance available to the additional insured(s) does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. MN/Ee & APPROVED By. 16 — 102 i � . R. 4.;ARA, ed Risk Manayemenr Aw.iyat EXHIBIT 1 SUBRECIPIENT COMPLIANCE FORM ,Instructions: Please colTiete this form, sign and submit to the Santa Ana Workforce Development Board. SubrecipientAre V-4 Agreement Date July 1, 2020-June 30, 2021 Agreement Amount 0 OCR Dun and Bradstreet Data # C> I -A CD Universe Numbering System i Catalog of Federal Domestic Assistance (CFDA) The Catalog of Federal Domestic Assistance (CFDA) is a government -wide compendium of Federal programs, projects, services, and activities that provide assistance or benefits to the American public. It contains financial and nonfinancial assistance programs administered by departments and establishments of the Federal government. The primary purpose Is to assist users in identifying programs that meet specific objectives (for more information refer to; www.cfda.gov CFDA Title & Number: WIA Youth Activities #17.259 ini tial if you understand and agree with the above statement Monitoring Subrecipient will or may be monitored by officials from the City, State, or Federal entities. Monitoring may Include the review of the subrecipient's Use of Federal awards through reporting, site visits, regular contact, or other means to provide reasonable assurance that the Subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. alInitial if you understand and agree with the above statement Audits Subrecipient's expending $750,000 or more in Federal awards during the fiscal year must have met the audit requirements of OMB Super Circular section 200.501 within 9 months of the end of the subrecipient's audit period (refer to: https;//W.W.w,federalregister.aov/documents 2013 12 3-4046SLuniform- administrative-requireMentS-cost-principles-and-audit-re uirements-for-federal-pwards Please provide documentation that demonstrates the most recent audit in compliance with the above mentioned OMB Circular or include a letter indicating why a single audit was not required for your agency. OLC(A'nitial if 0 See Attached lot Applicable you understand _�L_ ree-with -the --- abovestatement--- . . .... 2— Chief xecutive Office Signatu Date City Council 16-103 7/6/2021 EXHIBIT 1 AMERICANS WITH DISABILITY ACT (ADA) AND EQUAL OPPORTUNITY (EO) LAW SURVEY Is there a minimum of 2 designated accessibility parking slots? Per Dept. of Rehab Sect. 504 YESVNO❑ Il. Are parking slot occupants able to reach the building's entrance for the disabled without having to go behind any other cars, or any other barriers (curb, sidewalks, etc.)? Per Dept. of Rehab. Sect. 504 YES NO❑ Is there a front door labeled with the international wheelchair a ass sign? Per Dept. of Rehab. Sect. 504 YES v N0❑ Is the labeled entrance's threshold not higher than Y2 inch to all for wheelchair access? Per Dept. of Rehab. Sect. 504 YES[NO❑ Is the door -handle to the labeled wheelchair entrance door, a I r handle (not a round doorknob)? Per Dept. of Rehab. Sect. 504 YESVNO❑ If any services are available on second floor, does the building have an elevator? Per Dept. of Rehab. Section 504 YES[:] NOD NALlT Does the classroom, working area, and break -room have enough room to maneuver a wheelchair and/or crutches? Per Dept. of Rehab. Sect 504 YES O❑ Does the provider catalog/employee. manual, contain the org zation's Grievance Policy? Per CFR Title 20, 29, 41 YESZN07 Is the Grievance Procedure and contact person made available in writing to the participant on or before the first day of program participation? Per CFR Title 20,29,41 YESONO❑ If serving Limited English individuals, is the grievance procedure nd procedures available in their language? Per CFR Title 20,29,41 YESJN07 Is there at least one internationally labeled accessible restroom the individuals with disabilities? Per Dept. of Rehab. Sect. 504 YES1rNOD Does the toilet stall for Individuals with disabilities have bars on ch side of the wail? Per Dept. of Rehab. Sect. 504 YES®�NO❑ is there a telephone reasonably accessible to handicap individu ? Per Dept. of Rehab. Sect, 504 YES[`•NO❑ is there a water fountain reasonably accessible to disabled indi uals? Per Dept. of Rehab. Sect. 504 YES5Z NOD City Council 16— 104 7/6/2021 EXHIBIT 1 XV. Are auxiliary (supplementary) aides available when requested he individual? Per CFR iirfe 20,29,41 YES b NO❑ Youth Service Provider Information: Print First RAast Name Service ProviderSignatuV Date Business Address C :::i to S Busines`d'Phone Ilumber All Information is subject to validation by SAWDB staff upon approval of award. City Council 16 — 105 7/6/2021 EXHIBIT 2 Workforce Innovation & Opportunity Act Youth Program Provider 2021-202.2 City Council EXHIBIT A16 — 106 7/6/2021 EXHIBIT 2 AGREEMENT UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 6`r' day of July, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of Califomia ("CITY") and- Orange Countv Conservation Corps, a non-profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 915566431 ("SUBRECIPTENT" ). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said progratn"). D_ SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment ,kills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act arid California law. W1IEREFORF, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terns and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT`S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SiiBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Performance Indicators contained in "Exhibit B". per') CFR §200.331(d) and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of paytnent to SlJHRECIPIFNT otherwise provided for hereinafter. City Council 16 — 107 7/6/2021 Page 1 of 17 EXHIBIT 2 B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIFN`I` shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint :Handling Procedures Under the WIOA", attached hereto as "Exhibit E" and incorporated herein as though fully set forth in 20 CFR 658.411. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grams, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SU'BRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terns and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the rcquircrncuts of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; 'Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have die right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall comruence training prior to the approval of finding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accotmting, monitoring, auditing, and review requirements: i. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll i y ystatements. 16 — 108 7/6/2021 Page 2 of 17 EXHIBIT 2 2. SUBRECIPIENT agrees to forward to the Santa Ana WORK Center Administrative Office, Sol W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation turd Opportunity Act Youth Test Scores fora; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 15 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana WORK Center Administration. 3. CITY, the State of California trod the United States goverment and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers, accountants, employees and Participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPTENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Goverment or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the am ����enrent contract'N cbUC1Y1i records must be supported by s 1 suurce doctnnentation as invoices, bills, Page 3 of 17 EXHIBIT 2 statements, proof of payment, such as cancelled checks, payment confirmations, accotnt statements, paid bills, payroll records, time and attendance records, and contract and snbgrant award documents (2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, Califoria, 92701, by the tenth (10th) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECI'P1ENT with written notice of such deficiency, If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIFNT's funds and cancel this Agreement by giving SUBRECIPIENT' ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized tinder the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM. M, SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIF,NT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT shall not expend funds pursuant to this Agreerrnent to provide. services to any participant where costs of training are paid for by any other person or entity. O. SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations - found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit F," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement mid prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit G" attached hereto and incorporated herein by this reference. City Council 16 — 110 7/6/2021 Page 4 of 17 EXHIBIT 2 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and frunily support obligations and shall fully comply with all 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 state: Family Code; and, 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 Employee Registry maintained by the California Employment Development Department (P,DD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit H"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Pats 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WlOA partnerships and various other local programs is "America's Job Center'. To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On May 14, 2021, the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $751,794.00 for fiscal year 2021-2022. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received raider the provisions of the Act a suin not to exceed $115,000.00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit W and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. City Council 16 — 111 7/6/2021 Page 5 of 17 EXHIBIT 2 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT"s award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRE..CIPIENT, or a do minimis indirect cost rate as defined in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line iteru amounts in the 'budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees m to provide for on -site monitoring reviews of said progra operation at least annually. In addition, monthly desktop reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. M. TERM OF ACRFEMFNT A. This Agreement shall commence on July 6, 2021, and all duties arising under this Agreement shall have been performed by June 30, 2022. The Tenn of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: I. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; >. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of'performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated casb that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal fiords or received from the Federal govemment in accordance with 2 CFR §§200.310-200.316 and 200.329; and, City Council 16 — 112 7/6/2021 Pap 6of17 EXHIBIT 2 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable widibolding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate finds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. V1. APPLICABLE GUIDELINES A. The panics hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2. and 116 of the Act, and applicable regulations, acid the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terns of this Agreement. Said applicable laws are hereby incorporated by reference and made part ofibis Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confimis that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2"d quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 40' quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2"d quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent o£ Participants who, dttring i r r r n x e o l� cog z, po seco t i%5 Ttial or employrnert arz who are achieving measurable skill gains; and, (f) effective in serving employers. Page 7 of 17 EXHIBIT 2 SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opporttmity Act or by any other Federal, State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, handicap or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WDB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminatc with respect to any program participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT" shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit V and incorporated herein. 9. EQUAL. OPPORTUNITY. Any literature distributed by SLIBREC.IPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its prograuns are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities" 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages alter considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. r^ter -✓� .....,,..... ......... documeAv &W,rwddics and reports prepared or purcbaI&I LAMIr this Agreement, wil7&4?ptsed of Page 8 of 17 EXHIBIT 2 in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Govermneut and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy-four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer prograrn or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent infonnation, specifications and right, title and interest to the designated agency- 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable iterns, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fiilly to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOT_ shall determine whether to seek protection on the invention or discovery. The DOT, and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated. and achnirustered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOT, reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) T ant or subgrau it QAR{ might of copyright to which a granted, s.0 lAtee or a STIBRECIp7K1? •chascs Page 9 of 17 EXHIBIT 2 ownership with grant support; and, (e) SUBRECIPIENT shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. I£ the grant hereunder exceeds 5100,000, SUBRECIPIENT must cornply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt orany communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above haws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable coarse of action will be taken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Y.Lm oll oyecs. SUBRECIPIENT will ensure that any of its employees who were fon-nerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Ik telatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment. in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business InvolvinjZ Close Personal Fiiends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligen ted to friends tcy : 93iiR s. When it is in the public interest r 9U ECIPIENT to conduc - u snuess with Page 10 of 17 EXHIBIT 2 a firiend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Aypidancc....._dl__ Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f Wary and Bonus Limitations. All Subrecipients of WIOA program fiords are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013, VII. HOLD IIAs NIL.ESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. vnl. INSURANCE I. Commercial General Liability., SUBRECIPIENT agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRf;CLPI}3NT against any liability for accident, injury or death arising out of or in consequence of this Agreement, Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of California, Employment Development Department, at least thirty (30) days written notice prior to --"'fficers, crop Ciiy'C60"r1cil"es-- -, --� ..d.— , i,. y T6 I� ... its ooye, and volunteers as Additional Insured; ail state that such coverage is primary to Page 11 of 17 EXHIBIT 2 any other coverage or sell' .insurance of the State of California and CITY (in substantially the fonn as Exhibit J , Additional Insured Endorsement, attached hereto). Govearmental entities may substitute a certificate of self-insurance. 2. AlII.P.1 ile Liability Coverage. SUBRF.,CIPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by SUBRECIPIENT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to require entployces, Participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. SUBRECIPIF_NT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. 1E ui ment. Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance c:oveiang loss or damage to any and all Equipment provided to or purchased by SUBRECIPIEN'T in accordance with this Agreement. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalisin, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the ago of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of at least $1,000,000. Youth providers will be held responsible for conducting a background clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. IX. CORPORATE STATUS All corporate SUBIZEC:IPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service_ Any change in corpor i y ounce — 7/6/2021 Page 12 0£ 17 EXHIBIT 2 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts acid other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for StJBREC1PIENTs (2 CFR §200.317). No subcontract or assignment shall tenuinate or alter the legal obligations of SUBRECI,PIF,NT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its perfomlauce under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federail statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requircivents, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. X11. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT". City Council 16 — 119 7/6/2021 Page 13 of 17 EXHIBIT 2 MI. FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not fortheorning, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbirrsement of costs incurred hereunder. XV. TERMINATION A. This Agreement maybe terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not temrinate this Agreement if undue hardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBR:EC:IPIP.,NT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except tux reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incun-ed by CITY in obtaining substitute performance. XV 1. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT'I' written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the .Act and all corresponding regulations and OMB circulars. Pending final digs-Q t;-„ r of the a}rpa!, 01 i23N1CiP1EhLT C13311 n.,r ;,3 ..;a, rrrv'W ,aA,.;o;,,., unless the disPQAyiARAWt91a change order. 16 — 120 7/6/2021 Pagc 14 of 17 EXHIBIT 2 XVII. BREACH - SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report make; disallowances, SLIBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SLIBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by Cf1'Y due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRECIPIENT: Orange County Conservation Corps 1853 N. Raymond Ave., Anaheim, CA 92801 Phone: (714) 9.56-6222 Fax: (714) 889-0059 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. City Council 16 — 121 7/6/2021 Page 15 of 17 EXHIBIT 2 xx. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify CITY fully, including rcasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referencQd berein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. {Signatures On following page/ City Council 16 — 122 7/6/2021 Page 7.6 of 17 EXHIBIT 2 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 FORAM: Sonia R. Ctrvalho City Attorney i By Ryi'm O. Flodge Assstant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development .Agency "CITY" By: --—_......_... Kristine Ridge City Manager "5UBRECIPIENT" Name: K ttttllyn O. Muniz Title t aecutive Aimetoz ,� 'Pax ID #: 33-0563781 City Council 16 — 123 7/6/2021 Page 17 of 17 EXHIBIT 2 1.Experience/Qualifications (1 page max) Located in Anaheim, California, the Orange County Conservation Corps (OCCC) was founded in 1993 as a part of the Anaheim anti -gang task force, and serves at -risk youth ages 18-25 years old throughout Orange County, California. OCCC is a 501 (c) (3) and currently has a team of] I board members, and 30 full time staff members. Many of OCCC staff are graduates of our program, and continued to give back through leadership and mentor roles. The OCCC mission is: "Try serve young, at -risk adults through employment, training and educational programs that build seff-sufficiency and benefit the community through conservation driven projects. " OCCC headquarters is open 7-5pm Monday through Thursday and 8-12pm Friday and. located off Raymond and Orangethorpe at: '1853 North Raymond Ave., Anaheim CA 92801, with several major public transportation access points, public parking, and bike locks. OCCC also offers Corpsmember pick-up points throughout Santa Ana, Anaheim, Buena Park and surrounding areas as needed. Facilities decor highlight youth success and youth, entering facilities are greeted by Corpsmembers in professional training positions, within a state-of-the-art conservation building. Operational facilities and educational programs are located less than l mile away at 1548 East Walnut Ave., Fullerton CA 92831, in collaboration with the Orange County Department of Education, College and Career preparatory Academy (CCPA). CCPA offers high school diploma programs, STEM training coursework, and education services, with 5 full time staff members on site. CCPA school hours are: Monday through Friday from 9-6pm. OCCC actively administers the Santa Ana WIOA 'Youth Programs contract. For the past 13 years OCCC has met and/or exceeded all contract measures, and actively meets all current contract obligations from 2.017-18 and follow-up services from 2016-17 Youth. OCCC staff continues to deliver services to a majority of out of school youth through WIOA contracts year over year, in a long-standing record of service excellence and contract management. Further, OCCC provided youth employment services through the Orange County Workforce Development Board for 6 years, serving over 700 youth, and meeting and/or exceeding full contract expectations. OCCC currently provides contract services for the Orange County Development Board WIOA National Dislocated Worker Grant, WIA National Emergency Grants (NEG), serving 62 youth with employment and skills training. OCCC operates an annual budget of S4,311,204 with major funding provided from the State of California, Anaheim, Santa Ana and OC WIOA, North Orange County Public Safety Task Force, fees for service contracts, and various grants to OCCC. In our 25`" year of operation, OCCC provides pathways to skill development resources, employment, training, and educational services to Orange County's hardest -to -reach and neediest segment of our young adult population. In these 25 years, OCCC has provided paid job training program support to over 8,400 opportunity youth and their families by instilling a strong work ethic, developing an individual's self-worth, while providing the necessary experience and job skills to ensure that our young adults become successfial candidates in the workforce. No other organization in Orange County provides as many hours of paid work experience ---up to 29 hours a week at $12.00 per hour. Last year OCCC paid over 84,000 horns to our Corpsrembers and over 600,000 hours during the past 5 years. City Council 16 — 124 7/6/2021 EXHIBIT 2 2. Proposed Program (1 page max) Youth will enroll in the Grange County Conservation Corps program for services in the following (5) types of measurable skill gains: educational skill advancement, occupational skill training, high school diploma services, individualized paid job training, and post -secondary educational achievement. Each youth enrolled will develop an individual service strategy (ISS) in direct coordination with an OCCC Program Specialist. The timeline of services will consist of up to 12 months' direct service, Each participant will also be eligible for 12-months post exit follow up services. Youth services are designed to overcome significant barriers not otherwise met within the traditional community assessment of needs. OCCC has extensive history serving youth participants with severe barriers. Services include but are not limited to: recruitment, screening, assessment and linkages, case management, ISS, orientation, enrollment, paid job training, certifications, competitive employment, educational services, supportive services, skill attainment, and service provisions with individualized target outcomes for each participant. Corpsmembers approach the program in 4-phases of leadership development. Upon successful completion of comprehensive service goals, youth experience transformational personal growth, post -secondary educational gains, and increased wagers through competitive employment. To assist Corpsmembers in overcoming the barriers and complete the WIOA program successfully, the OCCC Case Manager will identify community partnerships and resources which are available and can provide appropriate service to the participant, i.e. Anaheim }sousing Authority, Project Kinship (Conviction Sentence Reduction), Volunteers of America, Depatment of Child Support Services, OC head Start (Child Care), Drug and Alcohol treatment programs, community health care services, Wells Fargo Outreach Team (Financial Uteracy), Anaheim Workforce Center, Ca lWORICS, DMV, etc). Support services are critical to help ensure Corpsrembers are able to obtain and maintain employment post -Corp. "I`hesc include bus passes, gas cards, housing atissislance, childcare assistance and more. The OCCC program design is comprehensive and coordinates services for at -risk youth through extensive network of community partners who provide services as in -kind support. • Program Specialist will be responsible for coordinating outside support services with local agencies and community partners • Meetings with collaborating agencies will be scheduled monthly to review and coordinate support services with partnering agencies • Semi-monthly Program Department meetings will include community partner presentations The OCCC's Program Specialist, in coordination with the W10A participant, are mentors to our youth. Program Specialist will develop the youth's ISS inclusive of assessment results, work readiness evaluation, GNET and counseling and guidance for personal needs and potential barriers to success. Case managers will review Individual Educational Plans (TEP), help in requesting previous transcripts from high schools, and conduct work readiness pre and post-tests. Corpsmembers receive extensive training in "Green" technologies and projects that address critical state needs, including natural resources and land management, energy and climate programs, emergency response and disaster relief, recycling and land diversion programs, and active transportation development. City Council 16 — 125 7/6/2021 EXHIBIT 2 3. Population (2 pages max) 87% of youth served at OCCC identify as Hispanic or Latin American (93% identify as a minority), 85% of youth served qualify for free and reduced lunch, living at or below the Housing and Urban Development (HUD) Federal Poverty Level. Nearly all youth identify as being at risk of becoming homeless and/or experienced homeless. This trend continues to rise, as in 2017-18, 15% of youth entering OCCC programs identified as homeless. Nearly all youth entering programs live with a disability or a significant barrier As part of this program, 25 youth will be enroll by December 31, 2019.Our program is directed to serve youth ages 18-25. The youth served are primarily high school dropouts (out -of -school youth), who are or have been homeless and/or runaways, have been in foster care, parenting or pregnant youth, who could have mental or physical challenges, who are court involved, on probation, on informal probation, and who have incarcerated parents. Aside from the WIOA Youth eligibility requirements, youth do not need any additional requirements. Depending on a youth's barrier(s), OCCC may help our youth obtain high school diploma or a copy of their diploma, a letter from the foster care system, a birth certificate of their child or children, or a letter from one's health provider stating one's health condition. Otherwise, OCCC does not require any additional documents for enrollment aside from the WIOA Youth eligibility requirements. OCCC has successfully recruited youth into the Santa Ana WIOA program for the past 12 years. We recently completed 100% enrollment for the 2018-2019 program. OCCC uses a 15-point approach to recruit youth. OCCC has a full-time recruiter, Brown Faavua, who is actively - engaged with our community 40 hours a week. Further, OCCC uses several tools specifically targeted to "opportunity" youth, with a priority for out of school youth. The 15-point approach is as follows: 1. Collaboration with the Santa Ana WORIC, center, and other Orange County one -stop centers. OCCC posts flyers at these locations, and works directly with Evelyn Lenz to send out the OCCC recruitment flyer throughout her network of organizations. 2. OCCC is active at job fairs throughout the year, include job fairs specifically targeted to youth through partnerships with Social Services, OCREP, Orangewood, and work centers. 3. Onsite recruitments with our Family Resource Centers. 4. Social media: Facebook, Twitter, Instagrarn recruitment postings and engagement. 5. Craigslist and various other career website job postings. 6. Collaboration with the Department of Education, as part of the Career and College Preparatory Academy, in posting OCCC job recruitments throughout the 22 locations, on the Department of Education website, and at the OCCC high school campus. Department of Education teachers and staff also help OCCC in enrolling students in both educational and workforce training programs. 7. Outreach to previous high school dropouts and youth that stopped the enrollment process to re-engage in services and follow-up care. 8. Recruitment partnerships throughout our network of various non -profits organizations, and for -profit organizations, as we are always hiring youth. City Council 16 — 126 7/6/2021 EXHIBIT 2 9. Presentations directly to Youth Guidance Center (YGC), Social Services Agency (SSA), and Health Care Agency (KCA), as well as follow up services with case managers, probation officers, and staff to ensure successful linkage and collaboration of care. 10. Outreach to local high school administrative departments and counselors to successfully transition traditional high school students who are becoming dropouts into a continuing educational program such as the on -site charter school, (CCPA) at OCCC. 11.00CC recruitment flyer. We send it out to all of our community partners to let everyone know we are hiring youth 18-25, immediately. 12. We reserve booths at local. Swap meets, flea markets and other local business events to recruit youth. 13. Collaboration with the OCREP in the annual job fair, employment committee, and other ways to establish working partnerships with the community to provide recruitment. 14. Street signs, walk-ins, word of mouth, and siblings of Corpsmembers. 13. Customer Service and follow-up services. Customer service is a major part of our recruitment efforts. We so often work with youth who have experienced significant trauma, experience stigmas, who have been treated poorly by Previous employers within the completive employment market. Anxiety to a new place is often a major barrier. OCCC warts each person engaged with OCCC to feel comfortable, welcomed and excited to be joining OCCC. Therefore, we. take every extra effort in making each person entering our facility feel valued. Customer services includes offering a drink and snacks by intake counselors, taking time to explain the process, and to Iisten to the applicant's experience. Our front desk staff including Corpsmembers in professional training positions, as we understand youth often can relate better and feel more comfortable with youth their own age. We do not leave anything to chance. If a young person can enroll in the program, qualifies and is an ideal candidate, there is always going to be significant barricr(s) due to their low-income situation. Not only do we encourage follow-up calls, but we also call to check in on youth enrollment status. Our goals is to meet that need by going above and beyond, To meet that person's needs in taking this step forward. This customer service looks different for everyone entering our building, but the idea is that we will meet each person where they are in their personal and professional development. These 15-points to recruitment have successfully allowed OCCC to continue to meet each program's enrollment needs. OCCC successfully complete the past 13 years of enrollment with the Santa Ana WIOA program'oy developing this model. The OCCC team meets quarterly to further develop this model, as to always seek to expand our services throughout the community. This approach will continue to be the model for enrolling all 25 youth into the Santa Ana WIOA program by the December 31", 2019 deadline. Included in Attaclunent C is our letter of support from Lorri Guy, Program Manager for the North Orange County Continuing Education (NOCE) Workability Program. NOCE collaborates in the care of youth to provide referrals to the OCCC programs. Further, Valerie Rrauks, Orange County Director of Community Services with the Children's Bureau offers an additional letter of support in referring youth to OCCC programs. City Council 16 — 127 7/6/2021 EXHIBIT 2 4. Assessment (1 page max) OCCC programs explicitly meet the needs of youth with significant barriers including low- income barriers, gang involvement, drug use, and domestic violence. Once a Santa Ana resident youth (or homeless youth) enters facilities, the screening, assessment and linkages process takes place with full-time Santa Ana WIOA Program Specialist Mr. Darin Garcia as follows: I. Prospective participant completes and submits the OCCC application. The Program Specialist determines eligibility for the Santa Ana WIOA Youth Program. 2. Topics discussed during the assessment process are as follows: eligibility requirements for program services; what each youth expects upon arrival; an overview of the program mission; expected results/outcomes (employment, obtaining credentials, higher education attainment) and a description of both the youth's and case managers' responsibilities. 3. During the assessment process, the Program Specialist has the opportunity to discuss important issues in detail and identify youth's individual goals. Program Specialist conducts an interview using an OCCC 5-pave questionnaire (attached in W-additional attacbmems section of RFP) to assesses over 50-points upon entry into programs. 4. Once the youth is deemed eligible to be enrolled in the WIOA youth program, registration in CalJobs and selective services is verified. If youth is not enrolled in C"alJobs or selective services, Program Specialist assists in registration as necessary. The youth completes an Individual Service Strategy (ISS); which allows the youth to identify their interests and goals, skills and abilities and personal characteristics. Youth then administered the Test for Adult Basic Education (TABS) pre -test in literacy and numeracy skills. According to the 2012 Anaheim Youth Services Assessment the term "at risk" is widely used When referring to youth who may be at risk of "lifelong disadvantage". The assessment found "youth are at risk due to a number of challenges that have the potential to keep them from achieving success in their lives. The top four risk outcomes identified through this assessment process, including poverty, gang activity, school dropout, and drug use". OCCC recruits and serves to these barriers. OCCC is the type of program needed to help youth overcome these bangers. OCCC hires homeless youth; OCCC hires youth living In deep poverty; OCCC is felony -friendly. OCCC provides a safe haven from gang activity and gang -pressure. OCCC supports youth living with severe mental health, disabilities, addiction(s) and abuse, dual diagnosis, and other conditions; OCCC graduates youth who have dropped out of traditional K- 12 educational tracks. OCCC reframe barriers as potential strengths, building one's resistance. OCCC supports youth seeking to escape domestic violence. While OCCC recrui Lment efforts target all youth of Santa Ana, the majority of youth entering programs continue to live in Santa Ana's lowest income, socio-economically restricted neighborhoods, with active gang recruiunent, and drug abuse. OCCC reomits and serves youth with the most significant barriers, meeting or exceeding the out -of -school recruitment ntunbers every year over the past 13 years for the Santa Aria WIOA Youth Program. OCCC staff provide exceptional customer service to complete the assessment and follow up tasks. Staff go above and beyond. Supportive services are provided, as needed. Staff transport and pick up youth, as needed. Youth gain trust of OCCC. City Council 16 — 128 7/6/2021 EXHIBIT 2 5. Paid & Unpaid Work Experience (3 pages max) Corpsmembers may remain at the Orange County Conservation Corps for up to two years to "earn...learn... and serve". 'Phis gives them the time necessary to develop the skills to enter the workforce. OCCC's program provides an opportunity for participants to earn a living through paid work experience, learn job skills and further their education, while they serve the public by completing conservation projects and services. Corpsmembers who determine to work at OCCC work 29 hours per week, Monday through'Ihursday, and receive additional training., workshops, mentoring, supportive services and case management upon returning to the campus at 2:30pm. As one of 14 local and state certified conservation corps in California, OCCC belongs to a State association of local conservation corps designated to provide services to our at -risk young adults. The year-round paid job -training work of Corpsmembers help mitigate changing climate impacts through fire fuel reduction, flood protection, water quality, reforestation, habitat restoration, wetlands protection/reparation, wildlife and native species protection, homeless encampment cleanups, bottle/can, tire, F.,-waste, and oil recycling. All activities support reduction of Green Mouse Gas and a lower -carbon footprint. Many underrepresented young people in Orange County have little to no access to outdoor experiences. This is especially pervasive in the urban areas we serve, among communities of color and poverty. I'lie mission at OCCC is to preserve and protect the environment, as well as provide paid job skills training and career technical education opportunities for young men and women who come from some of the state's most disenfranchised communities or experience homelessness. Corpsmembers participate in programs and projects that address critical state needs, including natural resources and land management, energy and climate programs, emergency response and disaster relief, recycling and land diversion programs, and active transportation development. As part of youth training, Participants have the option to be placed at. Work Experience Site (WEX) and On -the -job -training locations through various multi -year partnerships with OCCC. Our community placement partnership sites including the following sites: Aerofit, Pathways Group, Heavy Equipment College of California, Associated General Contractors of America — Apprenticeship (AGC), Working Wardrobes Thrift shop, PA Commercial Construction, Heritage Museum, Boys & Girls Club of Brea, Yorba Linda & Placentia, Anaheim Indepandencia FRC, Community Action Partnership, Monkey Business, Walgreen's — (Santa Ana, Anaheim sites), CVS — (Santa Ana, Anaheim sites), Moxie Glam, Smart & Final, G.O.A.L.S., Costco, Dad's Matter Children's Bureau, Crush Studios, Friendly Center, Anaheim Library, Goodwill Industries, Mesa Cold Storage, Orangethorpe Elementary School, and the Southwest Carpentry Union, as measured by the worksite manager. WEX sites, offered year round, also lead to the opportunity for direct hire employment following the completion of the paid job training experience. Today, several sites continue to employ previous Corpsmembers in WEX who are now Job Coaches, Managers, Drivers, IT Specialist, Administration Assistants, HR Clerks, Warehouse staff, and more within that company. Youth training at WEX sites complete a site agreement., orientation specifically detailing policies, and transitional assistance into competitive employment, OCCC WEX sites offer paid job training in opportunities that include in -demand industries identified in the Orange County Regional Plan including Manufacturing (Aerotee site), City Council 16 — 129 7/6/2021 EXHIBIT 2 Information Technology (Goodwill Industries), Healthcare (Children's Bureau), and flospitality/entertainment (Marriot). We collaborate with the Marriott International serving all of Orange County, in collaboration with Ms. Karen Kretschmer, human Resources Market Manager- Orange County to provide WEX training sites and direct hire within all of the hotels and offices throughout Orange County. Youth receive training in customer service, front desk operations, hospitality, and stewardship. Youth then have an opportunity to gain competitive employment following their training with the Marriot, as well as the Voyage Global Leadership program, including exposure to specialized training of several functions with our global hotel network. Marriott Hotels includes Four Points, Fairfield, Residence Inn, Towneplace Suites, and Courtyard. Corpsmembers also have an opporturrity to join paid and volunteer disaster response assignments, as needed throughout the County and State. Each year certain community needs arise. Currently, Corpsmembers are completing projects in recently burned areas of north Orange County devastated by several wildfires. These projects help remove debris and fire fuel, clear and restore habitat, and require significant teamwork and coordination with the County staff, City staff, Crew Supervisors, fellow Corpsmembers and community members. Other projects include building emergency sand bags, removing fire fuel from dangerous areas, and cleaning up homeless camps from the Santa Ana Riverbed. Letters of support from the City of Garden Grove's Public Works Facility Manager Ron Meislahn highlighting the efforts of the paid job -training program youth completed. Further Michael .l. Byrne, Senior Management Analyst from the City of Irvine's Solid Waste and Recycle Program has provided additional support of the OCCC crews and paid job -training program. Numerous Corpsmembers have gone on to work for City and County Public positions related to environmental efforts, public works, and conservation technologies. OCCC through our on -site partnership with the Orange County Department of Education, College and Career Preparatory Academy (CCPA) provide STEM training directly to Corpsmembers. Corpsmembers work in teams or "crews" to develop healthy teamwork skills, healthy communication skills, all apart of the STEM Workplace Skills found to be needed by Orange County companies and entrepreneurs (OCSTEM, 2019). Corpsmembers are required to participate in STEM workshop opportunities to prepare students for college readiness, including Common Core life skills, healthy communication skills, and to have the ability to solve problems. CCPA teachers recently completed the following STEM training courses in 2018: (1) two day training on the new California Social Science Framework and how the adopted social Science curriculum coincides with the new framework. (2) half -day training on the adopted English Language Arts curriculum and its online components. (3) staff were trained in the remedial reading program, MAX Scholar, to meet the needs of our students to improve literacy skills. (4) three day training on computer use in education. CCPA Principle Dave Conner provided a letter of support highlighting the partnership with OCCC and CCPA. Each of the 25 OSY completing programs at OCCC, in collaboration with CCPA, is required to meet one-on-one with a CCPA instructor to improve skills, with an emphasis on STEM based practices and training. Each OSY receives a laptop computer to complete coursework, workshops and STEM based skills. CCPA staff enroll OSY students near completion of their City Council 16 — 130 7/6/2021 EXHIBIT 2 high school diploma in community college, with an emphasis "Increase staff and student utilization of technology in instruction and learning as demonstrated by teachers and students incorporating 21 st Century skills of collaboration, communication, problem -solving, creativity, and character development into assignments" --Dave Conner, CCPA Principle, Orange County Department of Education, Division of Alternative Education. OCCC recognizes another major hurdle to competitive employment. in Orange County is a driver's license, as nearly 80% of youth entering programs do not have a driver's license. This challenge is especially pervasive for at -risk youth living in low-income neighborhoods. OCCC is currently developing a 3-year plan to develop urban forestry and arboriculture career development in partnership with West Coast Arborists, Orange County Department of Education and the Disneyland Resorts. The project involves tree planting and monitoring within disadvantaged or severely disadvantaged communities, reduction of Greenhouse gas, career development and driver's education. If the grant is awarded through Proposition 68, OCCC plans to provide onsite driver's education to all youth needing a driver's license the OCCC campus. OCCC offers multiple on -site collaborations with postsecondary institutions, directed at post- secondary educational certifications. OCCC collaborated with the North Orange County Regional Consortium for Adult Education (NOCRC), School of Continuing Education, to bring multiple certification programs to the OCCC campus. These courses included basic computer skills certification (Microsoft Word, Isxcel, Outlook, PowerPoint), Early Childhood classwork, IT Certification and other courses. NOCRC provide an on -site teacber, and cohorts of 12-20 youth completed certification coursework. OCCC also collaborated with Pomona Fairplex and the Water training program to provide on -site Water Technician and Water Distribution California State Certification. OCCC hired an state certified instructor to train cohorts of students to pass the Water Distribution 1 (DI) and 2 (D2) level testing requirements, as well as the Water "technician 1-(11) and 2 (T2) level certification. The program was also supported by the Orange County Commranity Foundation, These efforts led to 2.1 youth participating in the program, youth gaining meaningful employment within the water treatment industry. Field site visits were also taken to various major water treatment facilities throughout the region. OCCC offers multiple on -site collaborations with pre -apprenticeship programs. Associated General Contractors of America — Apprenticeship (AGC) completed on -site presentations, workshops, recruitments, and information session at OCCC. Several Corpsmembers have gone on to complete Journeyman apprenticeships with AGC. OCCC and CCPA have also collaborated with Local 441 International Brotherhood of Electrical Workers, with the most recent recruitment taking place at the OCCC campus on 1/31/2019 at 3:30pm to all active Corpsmembers (flyer attached to Attachment W). On -site training for Corpsmembers in the conservation paid job training also receive hand tool training skills certification, 4-phase leadership development, workshops, financial literacy, incentives for multiple achievements, food and snacks, hydration flasks, uniforms, boots and safety training skills. Youth receive extensive training in orientation, as part of their on -boarding to the program. Staff meet Corpsmembers at the start of their first shift to provide additional support, answer any questions, assist with the time clock, and assist in the assignment of one's Project Supervisor. Santa Ana City Council Member Jose Solorio provided a letter of support of OCCC. City Council 16 — 131 7/6/2021 EXHIBIT 2 6. Alternative Secondary School Services (3 pages max) The College and Career Preparatory Academy (CCPA) is an affiliate Charter School to the Orange County Department of Education/Altcrnative, Community, and Correctional Education Schools and Services (ACCESS). CCPA provides an educational program for those 18-25 years of age that have not yet completed a high school diploma. This program serves the targeted population with an independent -study model of instruction that provides the flexibility and support to work and participate in career training programs. CCPA supports its students in a way that focuses on one of the legislative intents in the Charter Schools Act, which is to "increase learning opportunities for all pupils." Through collaboration with a variety of partners, CCPA's ability to meet the needs of its diverse population is strengthened. The most important partnerships are those formulated between teachers, students, parents, mentors and the community. The dynamics among these groups are critical to the planning, implementing and design of CCPA. Agency and community partners are vital to the academic and personal progress, and meaningful learning experiences for CCPA students. These partnerships provide guest speakers, mentors, field trips, career fairs, job shadowing, pro}eot-based learning experiences, internships and community service opportunities. CCPA partners with seven agencies through their federally funded workforce programs. Since its inception, it has impacted the lives of more than 600 young adults by giving them the opportunity to complete their high school graduation requirements, developing an Individualized Education Career Service Plan (IECSP), to connecting them with Workforce Innovation and Opportunity Act (WIOA) partners and the Orange County Conservation Corps, who assist thern in career exploration and guidance, opportunities for skills training in high demand industries, and leading to a good job along a career pathway or postsecondary education. CCPA opened its doors in the fall of 2018 at the OCCC educational campus, sub -leasing the facility. 'lhe majority of our students reside in the cities of Anaheim and Santa Ana. The school'< ethnicity breakdown consists of 79 percent Hispanic or Latino, 13 percent white, 2 percent African -American, 2 percent Asian, 4 percent multi -ethnic, and gender mix is equal. Sixty-seven percent of our students range in age from 18-20 years old, but also 17 percent of our students are age 23 and 25. The percentage of students classified as English learners is 38 percent, as low income is 92 percent. CCPA teachers have received significant training within STEM and OC STEM, and Common Core. CCPA provides workshops, one-on-one weekly mentoring, and drop -in study times. OCCC students receive a personal laptop rental provided by CCPA. Youth can complete coursework at the campus, with WIFI capacity, or take their laptop computer with them to complete coursework at home or throughout the community. CCPA on -site staff Includes Principle Dave Conner, who assists day-to-day operations, retention services, and dropout recovery. CCPA and OCCC collaborate to coordinate services in dropout recovery. Staff consistently weekly case management meetings, specifically targeting "hotspots" to provide appropriate interventions in reconnecting youth to services. Hotspots are considered someone at risk of falling out of services, experience crisis, or other immediate needs, CCPA and OCCC staffhave received significant training in provided support to youth in crisis. OCCC staff have City Council 16 — 132 7/6/2021 EXHIBIT 2 The ability to go to the OSY to provided interventions. OCCC staff also call youth, providing mentoring services and counseling support to problem solve issues, provide referrals to address specific needs, as well as provided supportive services to address further barriers. OCCC staff provide pick up points at various locations throughout Santa Ana, Anaheim and Buena Park to help with transportation barriers. OCCC staff link parenting youth to various childcare providers including Orange County Head Start. OCCC supports mental health issues with directly linking youth to the health Care Agency Behavioral Health Services for intakes and assessments. OCCC refers youth to several domestic violence shelters and hotlines to support young men and woman, provide psychoeducation regarding the "Cycle of Violence" and the negative effects of violence in the household on early childhood development. Program Specialist for OCCC's Anaheim WBLI Grant are led by Ms. Veronica Yepez. Ms. Yepez own life experiences include domestic violence, low-income housing and now she possess the skills to help mentor, guide, and counsel youth to succeed in completing program outcomes. Ms. Yepez recently was honored as a guest speaker at the Ruth House of Ilope and shared her own survival story from domestic violence. Ms. Yepez has served youth at OCCC for 8 years. Ms. Yepez also has a Bachelor's of Science in Accounting. She is a talented and passionate role model for the young adults, especially those experiencing "hotspots". Ms. Yepez has years of experience in dealing with crisis situations. OCCC and CCPA provide quarterly back to school celebration events, as all the past students are given specific information needed to continue their educational goals_ Staff BBQ and often hold icebreaker activities, complete tours and do everything in our power to re-engage youth in educational and employment programs. OCCC Program Manager Susan Soria often collaborates with local organizations, as she recently was able to get the radio station 97.1 to host a back to school event, which was :featured on their radio station, and the campus held a friendly staff vs. Corpsmembers basketball game. OCCC holds Youth Advisory monthly meetings to address improvement of services, increased participation of youth in programs, and innovation within the OCCC. Dropout recovery is also addressed in these advisory meetings, in which OCCC youth present ways to better improve retention services. OCCC have raised funds to host a "prom" night, which Working Wardrobes was able to collaborate in donating dresses for the ladies, and suits for the men. The event provided retention services, providing a lot of excitement for the youth who dropped out of school and were never able to attend their own prom. The event was ultimately a success, and featured in the Orange County Register. The Corps job readiness and workforce preparedness training incorporates the SCANS Foundation Skills and the development of effective personal dualities: Basic Skills: Corpsmembers will became competent in reading, writing, mathematics, speaking and listening. Thinking Skills: Corpsmembers will develop the ability to '[hit* creatively, to learn, to reason, to make decisions and to solve programs. Personal Qualities and Leadership Skills: Corpsmembers will develop individual responsibility, self-esteem, self -management, self-control, stress management, sociability and integrity through OCCC participation. OCCC collaborates with the local Universities and Colleges to provide internship opportunities. Internships include students completing social work hours, organization development, and City Council 16 — 133 7/6/2021 EXHIBIT 2 counseling psychology. Interns have worked with students in the areas of personal, social - emotional counseling, group therapy, and crisis intervention. Interns also work on connecting youth with connecting students with services, as needed. OCCC Corpsmembers are eligible for AmeriCorps scholarships while completing Crew -based work at OCCC. Youth who complete 300 hours of paid job training receive a post -secondary scholarship for $1271. Further youth who complete 450 hours of Crew -based work at OCCC receive $1542 in a post -secondary scholarship. Once enrolled in college, and youth complete their first 3- units, youth receive their full AmcriCorps scholarship award(s). Youth can earn up to (3) ArneriCorps scholarships while working at OCCC, valued at more than $3700 to start one's post -secondary career, CCPA hosts an annual Govertiance Council Network Confercncc, which CCPA Principle Dave Conners hosts more than 60 community business leaders, school site administrators, community college outreach specialist, and community leaders to gather in developing education, career preparation, workforce training, employment and STEM based -best practices. OCUE partner agencies are encouraged to network with employers to gain a better understand of what our community needs are today. CCPA youth are referred for services through this consortium. CCPA and OCCC high school specialize in disability services, including when a student has an IEP. Special accommodations include one on one tutoring and support. OCCC also In the past 5 years, OCCC has graduated nearly 450 youth with a California high school diploma City Council 16 — 134 7/6/2021 EXHIBIT 2 7. Preparation for Postsecondary Education and Training (3 pages max) OCCC provides integrated services to "at -risk" or "Opportunity Youth". "Opportunity Youth - sometimes referred to as "disconnected youth" - are defined as people between the ages of 16 and 24 who are neither in school nor working. As of 2015, there are approximately 5.8 million young Americans rI in 6 youth] who meet the definition of Opportunity Youth" (13ridgeland and Milano, 2012). Further, Substance Abuse and Mental Health Services Administration (SAMHSA) found adults under age 24 are the fastest growing segment of people experiencing homelessness, and may be at greater risk of homelessness Bran any other age group. In 2014, 34% of people experiencing homelessness were under age 24, according to Housing and Urban Development (HUD, 2012) report. SAMSHA further reports Opportunity Youth are "failing to build an economic Foundation for adult independence". 1n these 25 years, OCCC has provided paid job training program support to over 8,500 Corpsmcmbers by instilling a strong work ethic, developing an individual's self-worth, while providing the necessary experience and job skills to ensure that our young adults become successful candidates in the workforce. Corpsmembers receive an education, learn professional job skills, take critical steps forward to become an employed and self-sufficient adult; an asset within their families, as asset within their community, an asset for all of California. The Santa Ana W10A Participant will have the opportunity to earn several certificates of completion and/or accomplishments such as: California high school diploma/G.ED, Atnericorps Educational Award(s), Forklift, Chainsaw, Red Cross CPR/First Aid, Safe Serve Food Handlers, California State Guard Card, 0SHA-10 hour (emphasized for Construction), and other job training readiness certifications. Each certification is individualized to advance each Participants progress towards their IEP and ISSP overall goals. The OCCC organizational purpose is to empower young adults to become self-sufficient .members of their community. The Corps accomplishes this by offering activities and organized instruction targeted toward the educational, professional, and personal development of youth. Some of the common aid additional measures to be utilized to evaluate the success of this program will be as follows: Participants who are unemployed and out of school will become enrolled at the Corps and will successfully complete the OCCC paid work experience assignment, as measured by the Corps Crew Supervisor's work ledger. The work of OCCC's Corpsmembers help mitigate changing climate innpacts through fire fuel reduction, flood protection, water quality, reforestation, habitat restoration, wetlands protection/reparation, wildlife and native species protection, homeless encampment cleanups, bottle/can, tire, E-waste, and oil recycling. All activities support reduction of Green House Gas and a lower -carbon footprint. participants enrolled in the CCPA school will earn their high school diploma and will successfully co -enroll in post -secondary education as they get close to graduation, as measured by classroom instructors teaching records Participants will successfully acquire "soft" and "hard" occupational skills training needed to complete their assigned work projects (i.e. disaster response, habitat City Council 16 — 135 7/6/2021 EXHIBIT 2 restoration, construction, recycling, conservation projects, trail building), as measured by the WIOA Program Specialist and the Corps Crew Supervisor's evaluation records. • Participants will successfully improve their basic skills and improve at least two grade levels on a standardized test, as measured by TABE tests and instructor records. • Participants will successfully participate in multiple work and educational leadership exp(:nienccs, as measured by a list of guest speakers, workshops, field trips, instructor's daily planning, and youth's portfolio. • Participants will successfully apply for and received scholarships for post -secondary instruction, as measured by scholarship awards, post -secondary enrollment. • Participants will successfully demonstrate leadership skills through various crew -based, peer to peer based, and team -based activities, as measured by Crew Supervisor and Program Specialist evaluation notes. • Participants will successfully complete college preparation/financial aid/ apprenticeship training, College enrollment workshops, as measured by Program Specialist evaluation notes. Post -secondary educational opportunities/activities which will be offered to WIOA participants also include: • Earning credits towards and completing their high school diploma • Earning scholarships for post -secondary opportunities • Remediation of basic skills and individual tutoring in academic subjects needed • Accompanying youth to make personal introduction arid/or visits to individual offices/departments, community colleges, trade schools, universities • Completing financial aid packages, waivers, grants • On -site Social Workers to work with students in the areas of personal, social -emotional counseling which is greatly needed at our school site. As we approach each OSY personal and professional development from a strength's based individual assessment, OCCC must be able to meet each person where they are in their development. 'Therefore, we have built an extensive network of partnerships within the Orange County post -secondary educational community, as mentioned in previous sections. Our years of experience have, found that there are hundreds of career pathways that lead to a livable wage. We are often working with high school dropouts, and significant amount of time is taken to complete one's high school diploma and graduate. As we get close to graduation, our goal at OCCC is to provide co -concurring enrollment at the community college level. Our team helps with every step along the way to enroll a person in college, including taking tours and completing documents at the campus. FAFSA often requires parent taxes, or a waiver, which OCCC staff assist OSY in completing the entire process. Then our goal is to graduate high school, enroll in the cotunseling course at the local community college, pick a career pathway, and begin taking general education classes, earn credits, and find one's personal passion. Follow up services we continue to support youth in completing our first classes, enrolling in additional coursework, and helping with additional resources, crisis interventions, supportive services, ongoing emotional mentoring, as well as other follow up services. OCCC have worked in collaboration with the Santa Ana, Fullerton, Cypress, Golden West, Rancho Santiago, and other Community Colleges to support youth in the enrollment of the community college process. We also help youth understand all the specialized training at the City Council 16 — 136 7/6/2021 EXHIBIT 2 community colleges including programs like the Nursing programs, HVAC, Auto -mechanical, and so many outer programs, as these are career pathways to a livable wage in Orange County. Another critical tool used at our campus is the benefit of an education. These numbers are highlighted at the campus: "College graduates, on average, earned 56% more than high school grads in 2015, according to data compiled by the Economic Policy Institute. That was up from 51% in 1999 and is the largest such gap in F,PI's figures dating to 1973. Since the Great Recession ended in 2009, college -educated workers have captured most of the new jobs and enjoyed pay gains. Non -college grads, by contrast, have faced dwindling job opportunities and an overall 3% decline in income, EPI's data shows," The OCCC Leadership and Developmeat'feam focuses on further skills acquisition. Each youth completes 4-phases of their development, ranked according to leadership components: work readiness, certifications, high school diploma, attendance rate, disciplinary write-ups, S_M.A.R.T, goal attainment, leadership activities engaged in at OCCC, and performance reviews. Each phase is represented by a belt, orange, green, silver and black. Team sports, including basketball and soccer tournaments, all-star games, staff vs. student games, and games against local area Conservation Corps are included in this, "phases process." Youth are encouraged to participate in team activities to bring out the best in their social, emotional, and physical wellness. Annual picnics, holiday patty meals, family Christmas and Thanksgiving meals allow for Corpsmember appreciation events, recognition for achievement, and phase advancement. The Laguna Canyon Foundation's Executive Director Hallie Jones has provided a letter of Intent to continue support including educational training for Corpsmembers in conservation, environmental stewardship, and habitat restoration. OCCC and "Ibe Laguna Canyon Foundation complete several extensive training programs a year for youth in programs, followed by hands on training in habitat restoration, trail restoration, and natural science (erosion, water science, native vs non-native). Josh Volp, Director of Operations, has served OCCC for 19 years. In those years, Josh has nearly seen it all. "Crews" of Corpsmembers are assigned to individual Crew Supervisors, and many of the Crew Supervisors were once Corpsmembers. Josh rewards strong work ethic, and often hires Corpsmembers who show strong leadership, initiative, and drive. Josh takes pride in a job done right, which is the culture within OCCC. Project Supervisors, who have graduated from the OCCC program and gained competitive employment at OCCC, often provided additional support and training to Corpsmembers because they have lived experience. They provide peer to peer services that allow more compassion, understanding, empathy, and ability to overcome barriers. Nearly all of the Program Supervisors are previous Corpsmembers. This level of peer to peer is a pillar and driving force in the recovery model in supporting people with disabilities, as nearly all Corpsmembers entering programs live with a disability. City Council 16 — 137 7/6/2021 EXHIBIT 2 S. Tutoring (1 page max) Santa Ana OSY will receive tutoring from The College and Career Preparatory Academy (CCPA) on a weekly basis one hour per week with a CCPA teacher. OSY and CCPA will review the weeks progress in coursework, answer questions, explain topics, provide feedback on test scores and results, teach STEM based fundamentals of Common Core, develop a safe and trusting relationship, and ultimately lead to completion of each course. Tutoring will improve TABS literacy and numeracy skills from pre to post test. CCPA facilities also have the ability to provide additional support in tutoring through use of software programs. At times, these programs sire able to meet certain grade level numeracy development goals. For example the computer lab has a mathematics program that provide visual queues rather than word problems to develop basic 4- 501 grade numeracy skills. Further, when accommodations are needed due to individualized Educational Plans (fF.P), CCPA teachers are able to accommodate those needs based on the specific plaits in the IE.P. Program Specialist will also provide tutoring services for OSY considered below "basic skills deficient". One-on-onc tutoring is available at both the campus and OCCC headquarters in a private room, conference room, or at the computer labs, based on the OSY preference. Program Specialist also have the ability to tutor youth off -site at a location more preferable to the youth. City Council 16 — 138 7/6/2021 EXHIBIT 2 9. Menu®ring (1 page max) OCCC has provided mentoring services for 25 years. OCCC Program Specialist, OCCC Project Supervisors, all CCYS staff, and OCCC administrative staff have all taken on mentorship roles. OCCC has built a strong network of community partnerships to address challenges, crisis, and barriers each youth face. OCCC case managers and staff have helped the most difficult cases, the most challenging, heartbreaking, and tenacious participants at OCCC. We approach each case individually, understanding that life's struggles will happen while in the program, yet challenge our youth to give us their best. At OCCC we hold each participant accountable. We seek, and expect the absolute best out of our youth. We challenge our youth to take pride in the work they complete. Homelessness is a significant burden to our youth. We often recognize one's strength of resilience to build on their self-esteem if they are completing a program while living on the streets. It is an incredible accomplishment. To address this need, in 2018 we started partnering with Citynet, in collaboration with the City of Anaheim, Mercy House, and the Health Care Agency to link our homeless youth to services. Through the Orange County 211 referral system, a VSPDAT can be completed and we can link them to additional support in the community. We have successfully linked youth to supported housing programs, as well as transitional and emergency housing programs. We rely on the Fullerton and Santa Ana Armory in the cold seasons for emergency shelter. We also refer to shelters, as a few more have opened in the past 6 months. We have had housing programs present at all staff meetings as well. Mental health issues and homelessness are often tied closely together. Our staff have received mental health first aid training, and continue to support youth in connecting to the Health Care Agency for mental health services. The health care agency and probation departments also provide referrals to youth in recovery services, as OCCC is willing to support youth with multiple barriers. OCCC staff have taken and sat with youth through initial intakes at the mental health clinics, as there can often be significant stigma attached to the initial meeting with a mental health professional. We also bring mental health providers onsite to present and help. OCCC partners with the Department of Child Support Services to assist young men and women with custody issues, child support issues, and other signif cant barriers facing a young adult. Substance abuse is a major coping strategy among at risk youth. In the past we have hosted AA meetings onsite, referred directly to Drug and Alcohol treatment programs, NA meetings, and Co-occurring support with the health care Agency. Often times youth are in significant denial, not understanding the risk they are in if they continue to use. We provide psychoeducation using our own lived experiences, as well as the leadership of our youth who are in recovery. OCCC Corpsmerrrber of the Year in 2017 entered the program homeless and drinking daily. Through his recovery, he was often able to speak directly to our youth in crisis about his own recovery. Because youth spend 6-9 hours a day in a healthy program, they often become their own mentors and friends. At times they will also reach out to staff to alert when someone may be at risk, and further interventions are provided by OCCC staff. Domestic violence and gang violence is another major barrier. We've created a safe haven from that life-style. We offer a large network of community resources. We challenge youth to change. City Council 16 — 139 7/6/2021 EXHIBIT 2 10.Workshops (2 pages max) Wells Fargo Representative Joey Hernandez provides intensive financial literacy through our multi -year partnership. Wells Fargo outreach team of%rs multiple topic -specific workshops (establishing credit, buying your first car, opening a banking account, starting your own business, interest rates, overdraft fees). We offer a financial incentive for opening a bank account, often inviting several local banks to the campus to 'help teach youth the benefits of a bank account. As we understand at -risk youth are extremely vulnerable to financial predators, over the years we have established a deep trust in our financial partnerships to ensure youth receive concrete Information from trusted people in financial literacy, and that we have a working relationship for our youth. Workshops are provided on a monthly and at times quarterly basis, depending on Wells Fargo availability. OCCC teaches the Corps to Career workshop series, including workshops on owning your own business. If there is one thing that is clear, youth are extremely resourceful. Many young adults know 'how to run their own business, yet lack some of the fundamental skills needed to maintain. a healthy business over the ,years. The Corps to Career workshop on Entrepreneur skill training focuses on the "soft" and "hard" skills needed to be your own boss. Corps to Career workshops cycle through a gamut of topics throughout the series before restarting again. OCCC reiterates the fundamental point that education leads to increased wages. This point starts at orientation, and continues throughout one's time at OCCC ua various Corps to Career workshops. Orange County's livable wage is increasingly going higher and higher into the mid 20's, and therefore information regarding labor markets that pay well above the livable wage, especially the markets within the high demand industries (Construction, health care, IT, hospitality/enwrtainment) are emphasized. Apprenticeship workshops are also given on a quarterly basis. Parenting classes, family planning, as well as long term financial planning, are a part of the ongoing partnership with Dad's Matter with the Children's Bureau. These workshops and services are available on an on -going basis. OCCC also has a 6-series parenting class with Working Wardrobes, which ends with a fashion show in which all of the women get to attend, dress up, get their hair done, and be a hart of a special event with the community. This class addresses safe sex, safe relationships, family planning, self-esteem, and personal self-worth. Worker's Rights/'Labor Laws are completed in OCCC program orientation, completed every two weeks, for multiple hours per session, including a post-test and copies of one's rights, the laws, signed for both Corpsmembers and the organization. OCCC also often has guest workshops with various agencies which touch on these topics including Goodwill of Orange County human Services presentation from Rhonda Garcia. Rhonda often presents an 1-IR perspective as well as an employer's rights perspective to teach youth how to approach interactions with Human Resources. OCCC also facilitates monthly guest speakers to present on various topics including health, wellness, careers, colleges, and much more. For exunple, Planned Parenthood is scheduled for February to present to the entire youth body regarding health resources. In the past Human Options has completed domestic violence presentations to the entire youth, which have created intense reactions from our youth who have experience sexual assaults, domestic violence assault, as well as challenged the culture. of abuse within sortie low-income communities. These City Council 16 — 140 7/6/2021 EXHIBIT 2 workshops often feature healthy options including creating a safety plan, getting help and getting out of an abusive relationship. These workshops are presented on a quarterly rotation, as the organization is available to present. The Corps to Career workshop series goes into significant depth about personal and professional development. 'Topics covered include attitude, safety, communication, initiative, cooperation, appearance, work quality vs. qualttity, attendance, personal accountability, work ethic, work readiness, leadership skills, disability awareness, volunteering in the community, responsibility, career pathways, certifications, post -secondary education, civic engagement, community. Throughout all of these workshops, analytical skills at the workplace are presented at various topics. Youth are also encouraged to participate in volunteer opportunities throughout various OCCC partnerships to further their development, and achieve leadership skills as part of the Corps to Career model. OCCC also host guest speakers who have significant barriers and disabilities, to provide a common ground of resilience and hope. To show that people in very tough situations can overcome anything, (achieve anything they set forth in accomplishing, and motivate our young adults to become leaders of tomorrow. City Council 16 — 141 7/6/2021 EXHIBIT 2 1.1. Civic Engagement or Leadership Development (2 pages max) The OCCC Leadership and Development Team focuses on further skills acquisition of each Corpsmember in the program. Every Corpsmember starts with an orange belt at Orientation. Each youth completes 4-phases of their development, ranked according to leadership components: work readiness, certifications, high school diploma, attendance rate, disciplinary write-ups, S.M.A.R.T. goal attainment, leadership activities engaged in at OCCC, and performance reviews. Each phase is represented by a belt, orange, green, silver and black, with black belt representing the highest level of personal and professional development. Social events, team sports, family events and participation including basketball and soccer tournaments, all-star games, staff'vs. Student games, and trivia games are included in this, "plusses process." Youth are encouraged to participate in team activities to bring out the best in their social, emotional, and physical wellness. Annual picnics, holiday party meals, family Christmas and Thanksgiving meals allow for Corpsmember appreciation events, recognition for achievement, and phase advancement. Each phase of leadership and development takes on new challenges. Program Specialist, CCPA teaching staff, Project Managers and Leadership arid. Development Program Manager all work together to support a youth's development through his time at the Corps. The second phase, "Green belt" includes 30 days of perfect attendance, which is also an incentive goal, a good work and performance evaluation, and personal growth & development, as determined by staff engaged with the Corpsmember. The green belt also requires completion of workshops, leadership development with your program specialist, and work readiness components. The third phase of the program, the "silver belt" includes an additional 30 days of perfect attendance, good work and performance evaluation, personal growth and development (physical, mental, educational), completion of a State Recognized Certification, multiple Corps to Career workshops leading to the development of a personal portfolio, and additional career and post- secondary workshops. Additional financial literacy gains, and additional leadership development are also required. The final belt, the "Black" belt requires an additional 30 days ofperfect attendance, good work and perfbrrnance evaluation, personal growth and development (physical, mental, educational), completion of one's personal portfolio and additional competitive employment workshops to prepare far interviews and competitive employment. All youth participate in the leadership and development, OCCC also participates in civic engagement. On election day, and leading up to election day, special efforts are made to educate youth on the civic duties one possess as an adult, informing youth on local and national voting rights, where to vote, as well as allowing television time to follow the day's election news. All Corpsmembers participate in these election days. Another civic engagement OCCC creates is flying a group of 2-4 Corpsmembers to Sacramento to meet with the other- 14 Conservation Corps and tour the State Capital, meet with legislators, compete in educational activities, often meet with the Governor and other legislative leaders and policy advisors shaping California, and allow for dialogue between Corpsmember and one's representative. City Council 16 — 142 7/6/2021 EXHIBIT 2 12. Supportive Services (i page max) 0. Will your organization provide supportive services to youth such as gas cards, bus pass, childeare assistance, etc.? If so, please describe. OCCC provides supportive services to youth, including gas cards, monthly bus passes, housing support, childcare assistance. Supportive Services comply with W.I.A. Regulations; 663.805: support service may only be provided to individuals who are: participating in core, intensive or training services; unable to obtain supportive services through any other programs provided such services; when they are necessary to enable individuals to participate in the WIA program. Supportive services are available to youth throughout the 12-months in program, as well as the 12-months in follow tip after exit. OCCC has provided supportive services and has extensive history in providing this service with care, accountability, and accuracy. At times very special cases will arise, in which the Supportive Services processing procedure will be followed, as with all supportive services (Please see attachment 0)_ City Council 16 — 143 7/6/2021 EXHIBIT 2 13. Incentives (I page max) A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals? If so, please describe. Ii. Include the Incentive Policy as Attachment H. OCCC provides incentive to youth for accomplishing program benchmarks or personal goals. Nine total incentives are offered to youth in programs. The following incentives are offered: Perfect Attendance for entire month $50 Driver License Incentive $50 State Recognized Credential/Certification $50 Placement in Employment $50 Open a Bank Account $50 (limit one account) Parole/Probation Discharge $50 Completion of Work Readiness Curriculum/Career Exploration/ Corps to Career $50 Post -Secondary Education $50 Education Program Incentive $100 Any specific rules for each incentive are included behind attachment Ii. City Council 16 — 144 7/6/2021 EXHIBIT 2 14. Follow -Up Seivlces (3 pages max) Each participant will be eligible for 12-months post exit follow up services. Follow up services include but are not limited to: leadership Development, Regular contact with participant's employer addressing work related problems, work related peer support groups, tracking progress of youth in employment and training, supportive service activities, assistance in securing better paying jobs, career development and further education, and adult mentoring. Follow tip services will be captured by Program Specialist at four time intervals: 90 days into follow up (1" quarter), 180 days into follow up (2oa quarter), 270 days into follow up (3`d quarter) and 360 days into follow up (0i quarter). Employer names, job title, wages per hour and hours per week will be tracked throughout all 4 quarters of follow up services by the Program Specialist, Additional comments regarding participant progress will be provided in the file worksheet, and documented in individual case notes. Case notes will be captured throughout participants time in the program, as well as follow up services. Incentives, supportive services will be provided during follow up services. Program Specialist will continue to maintain excellent rapport with each participant. in follow up services, to continue to be able to track and maintain engagernent in the program through the 12 months of follow up services as well as, to update and complete their Individual Service plan goals. Program Specialist will mentor participants to continue each individual goal. attainment. Program Specialist will provided regularly scheduled follow up appointments with the participant to monitor progress. As a workforce Innovations and Opportunity Act service provider, the OCCC for nearly a decade, has successfully partnered with the Workforce Investment Boards of Orange County, Anaheim and Santa Ana. We have developed comprehensive metrics within individual case management to meet and exceed the strict guidelines and expectations of these reentry contracts. We will use these satne metrics and internal reviews to conduct our project evaluation and provide measurable outcomes for this project. Youth will continue to be stimulated to attend job retention workshops, career advancement and training opportunities, guest speaker presentations, peer support groups, individual follow up meetings on a monthly, if not more frequent, time period. If a participant were to still need to obtain performance goals, Program Specialist will continue to provide excellent customer services, maintain a working relationship, and continue to mcntor and motivate youth to exceed the goals set forth within the 1SS, City Council 16 — 145 7/6/2021 EXHIBIT 2 15.WI0A Performance indicators (3 pages max) OCCC has a rigorous 15-point recruitment plan, including fill time recruiter Brown Faavae, to meet the (25) youth enrolled by December 31", 2019. Once a Santa Ana resident youth (or homeless youth) enters facilities, the screening, assessment and linkages process takes place with Mr. Garcia as follows: 1. Prospective participant completes and submits the Orange County Conservation Corps online application or walk in application. 2. The Intake/pre-screening process begins_ The Program Specialist determines eligibility for the Santa Ana WIOA Youth Program. 3. Topics discussed during the intake process are as follows: eligibility requirements for program services; what each youth expects upon arrival; an overview of the program mission; expected results/outcomes (employment, obtaining credentials, higher education attainment) and a description of both the youth's and case managers' responsibilities. 4. During the intake process, the Program Specialist has the opportunity to discuss important issues in detail and identify the youth's goals. Program Specialist conducts an interview using a questionnaire. 5. Once the youth is deemed eligible to be enrolled in the WIOA youth program, registration in CalJobs and selective services is verified. If youth is not enrolled in CalJobs or selective services Program Specialist assists in registration as necessary. 6. Program Specialist will then go over eligibility checklist and determine what documents the youth should bring to the next appointment to process enrollment e.g. parenting youth (children's birth certificate or social security card), disability (IEP/504 plan form), emancipated or foster youth letter, pregnancy (doctors note), homeless (individual statement, written statement from shelter or social service agency and applicant statement as a last resort), substance abuse -(a letter from a drug or alcohol rehabilitation program) and offender (self- certification, applicant statement, court documents). 7. Program Specialist provides the youth an orientation information sheet and list of skills and job duties. E. If youth is a High School drop -out, the Program Specialist assists youth in requesting unofficial transcripts. 9. Program Specialist meets with youth to process enrollment. The following forms are provided to the youth to be signed and completed: Eligibility Checklist, WIOA application, pre - application, program overview form, Equal opportunity form, grievance Form, Information release authorization form, program overview form and high poverty index area detertnuration using Census 'Tracts) , selective service print-out, right to work documents (ID, SSC, Birth Cert, and orlpassport), proof of income (if applicable), applicant statement (if applicable), objective assessment (TABS Test), other eligibility Does. to. The youth completes an Individual Service Strategy (ISS); which allows the youth to identify their interests and goals, skills and abilities and personal characteristics, The youth completes an objective assessment (TAKE test) of literacy and numeracy skills and the ONET, Work Readiness pre -test. 11. Once completed, the Program Specialist provides the eligibility forms to the City of Santa Ana for approval. City Council 16 — 146 7/6/2021 EXHIBIT 2 16. Prior Outcomes (1 page max) For the past 13 years OCCC has met and/or exceeded all contract measures, and actively meets all current contract obligations from 2017-18 and follow-up services from 2016-17 Youth. OCCC staff and services continue to deliver to most disenfranchised youth through the WIOA contracts year over year, in a long standing track record of excellence and full -contract delivery. ili ai 4 ,r� „717cbfi4"�rZ1'YrErnnr �,�'n rm, ,n�,� n��ror� lllll�lllf 1/, �'r I (n��ts� 4ai�S ll l l F !l �lll�%��%��1�%lJ/%IliJ�l�! >rh�l,,�l 11�111�� 111 J V l�llli�G,�l¢�G��I �I1J11 "1i i'. r f i � 15 /zo = 75% 15 /zo = 75% 10 / 19 = 53% 15 / 20 = 75% 11I 19 = ss% 9 / zo =4s% A Substantial Track Record with Anaheim Workforce Development Board (WDB): OCCC has an outstanding track record in meeting contract deliverables. OCCC currently administers the 2017-18 and 201.6-17 WDB Workforce Innovations & Opportunity Act (W1OA) Youth Programs. OCCC was awarded 42 youth slots in 2017-18, and is in follow-up services with 50 youth completing services within the 2016-17 WIOA Youth contract. OCCC has served the Anaheim WDB WIOA Youth Programs grant going on 8 years. OCCC has exceeded and/or met expectations of the RFP all 8 years. In these 8 years serving Anaheim WDJ3, OCCC has served 324 youth through our partnership. Note: Santa Ana 2017-18 certificates have 11 pending results. City Council 16 — 147 7/6/2021 EXHIBIT 2 17. Fiscal Competency (1 page max) OCCC has dedicated accounting software MIP500, timekeeping software NovaI'imc3000, and payroll systems M3 to manage our fiscal responsibility. ClientTrack on-line database, internally developed forms and custom databases will track a wide variety of program and grant outcomos. With multiple revenue streams, (federal, state, and local), the OCCC utilizes fund accounting to allocate, capture, and report fiscal data. Fund accounting allows expenses to be tracked and allocated to individual funding sources using a specific fund account and project code(s) for that fund account. OCCC currently administers several other California State, local, private and Federal contracts. Contracts include intensive disaster response projects, State recycling projects, County restoration and trail building assignments, and much more. All 'finances have been overseen by Tony Huynb for the past 16 years as Chief Financial Officer (CFO). Tony has his Master's degree of Business Administration (_MBA), with an emphasls in Finance from Pepperdine University and all WIOA services are directly reported under California's reporting guidelines. Tony has been in financial management within Non-profit organizations for over 20 years and at the OCCC currently operates an annual budget of $4.6 million dollars. In 25 years of operating, OCCC has outstanding ethical business standing with Federal, State, County, and City records, with no issues to report. OCCC, having completed over 20 combined years of contractually comparable services to this proposal, and has the technical experience to fully deliver on another year of services. City Council 16 — 148 7/6/2021 EXHIBIT 2 YSPN MEMBER PERFORMANCE PLAN 2021-2022 Orange County Conservation Corps WIOA YOUTH POPULATION Youth Population Ages # of Youth to be Served In -School 16-18 Out -of -School (7S% minimum) 16-24 TOTAL NUMBER OF YOUTH TO BE SERVED 14 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 100%OF YOUTH MUST BE ENROLLED BY 2AD QUARTER-DECEMBER 31, 2021) Quarter # of Enrollments per Quarter Estimated Expenditures per Quarter 1°r 7 $23,000 2"d (100% Enrollment Required)....- '-------- 7--�. 3rd $28,750 4uh $40,250 TOTAL 14 $115,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided In your (Projected Benchmarks subject to change program Baseline-BL ) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are in education/training, strategies or in unsubsidized employment during the 2nd X 2. Alternative secondary school services or dropout quarter after exit recovery Benchmark: 71% 2. % of Participants who are in education/training, X 3. Paid & unpaid work experience that have academic and occupational components, which may or in unsubsidized employment during the 411 include: summer employment, pre -apprenticeship, quarter after exit Internships & job -shadowing, or On -the -Job training Benchmark: 80% (20% of funds must be used for this element) . -- . ._ _.rn-- 3. The median-_eaings of Participants ------ in ------------- X -- -- - 4. Occupational skills training —priority for recognized credentials aligned with sectors in- unsubsidized employment during the 2"0 quarter demand after exit Benchmark: $4,400 X S. Education offered concurrently with workforce 4. % of participants who, during the program, are pretara[lon activities in education or training that leads to a recognized X 6. Leadership development -community service & postsecondary credential or employment AND peer centered activities who are achieving measurable skill gains X 7. Supportive Services Benchmark: 75% X S. Adult mentoring X 9. Follow-up services for not less than 12 months 5. % of Participants who obtain a recognized after exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guidance & counseling drug & alcohol, etc. Benchmark: 64.2% ....................................................................................................................................................... 6. Effectiveness in serving employers X _._....._._._......-_-......-..._....................................... 11. Financial literacy 12. Entrepreneurial skills training X Benchmark: BL* X 13. Labor marker Information -career awareness and exploration *Pending further State and Federal guidance. X 14. Activities to help youth prepare for and transition to postsecondary education City Council EXHIBIT B 16 — 149 7/6/2021 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS lbf Earn —Learn —Serve... Tools to Green the Fuwre! Purpose: toil free: (888) 641-CORP (2677) www.hlreyouth.oeq Orange County Conservation Corps Paid Work Experience Policy To establish guidelines for the paid youth work experience of any grant program governed by WIOA regulations or alternative funding and to provide youth with meaningful work experience in order to assure the successful completion of our program. Elinibilitw • An individual must be WIOA eligible and enroll with Orange County Conservation Corps (OCCC) or eligible for our general enrollment. • An individual must have legal right to work in the united States and be able to furnish proof upon enrollment in the program • As it is with all WIOA services and our general enrollment, provision of services is not an entitlement. Plgeements: • All participants will start at the current state of California minimum wage (as of January 2022, it is $15.00 per hour) and will be provided paid sick leave. • All participants may be work up to 29 hours per week. • All participants enrolled under the WIOA will have the opportunity to work at a minimum 6 weeks and not exceed 45 weeks or a maximum of 900 hours. Exception will be made on a case by case basis. • All other participants enrolled in our general program will have up to one year to complete the program. Extension may be requested. • All placements will be made based on the individual interest and plans developed with Case Manager/Prograrn Specialist to support the youth in the career exploration and achievement of their goals. Placements will be available on OCCC crews and worksite partner organizations. doles and Responsibilities: Case Manager/Program Specialist is responsible for: • Assessing and keeping record of youth's work experience needs and placements. • Inform participant of the OCCC policies and formal procedures. 7 City Council 16 — 150 7/6/2021 EXHIBIT 2 ORANGE COONTY CONSERVATION CORPS In collaboration with the Placement and Recruitment Specialist and other staff, refer youth to placements. (AttachmentA -- Worksite Referral Form) Providing counseling and guidance. Monitoring worksite compliance of labor laws and compliance with job description duties. (See attachmentA1) Participant is responsible for: • Providing necessary documentation to asses eligibility and maintain legal right to work throughout duration of the program involvement. • Follow OCCC;s procedures and protocols (attachment A2 — Corpsmember Worksite Agreement). m Respect and cooperate with supervisor and fellow co-workers. s Perforrn the very best of his/her abilities. • Report and incidents or accidents to the supervisor and/or Case manager/Program Specialist. Placement and Recruitment Specialist is responsible for: e Managing relationships with worksite representatives. • Ensure all proper MOUs and in place and all policies are followed. • Monitor and report all activities of youth at worksites to the case manager. City Council 16 — 151 7/632021 EXHIBIT 2 ORANCA COUNTY CONSC,RVATION CORPS 1kIf Ea rn...Learn ... Serve... Tools t,o Green the Futurel toll free: (888) 641-CORP (2677) www.hireyouth.org WIOA Supportive Services Policy and Procedures Effective 1229120 Purpose: To establish guidelines for the issuance of supportive services to youth enrolled in a WIOA funded program and are actively engaged in WIOA Title I activities and/or post -exit follow up services. Procedures: ELIGIBILITY: 1. To request and receive support services, a participant must be actively enrolled in one (1) or more of the fourteen (14) required program elements, including during follow-up services. 2. Supportive services will be approved upon verification of enrollment and participation in required program elements, when necessary for youth to participate in required program elements, and when the youth is unable to obtain supportive services through any other program or agency. 3. Provision of support services is not an entitlement and it will be determined what supportive services are reasonably required for youth based on individual need, assessment results, and the Individual Service Plan (ISP). AVAILABILITY OF FUNDS AND ASSESSMENT OF NEED: 1. All Support Services not offered through OCCC are processed on a reimbursement basis. 2. Support services are delivered contingent upon the availability of funds. 3. Initial assessment of need will be determined by the Program Specialist. The need for services will be recorded on the Individual Service Plan (ISP) and through on -going assessment. 4. The Program Specialist is responsible for determining if transportation is a significant barrier to participation in required program elements, and whether or not the youth were unable to obtain services through another program or agency. 5. Supportive services may be provided while a participant is enrolled in one or more of the 14 elements, including when a participant has exited the program and is eligible for follow up services. Supportive services must be determined based upon the individual and must include a review/assessment of the participant's need for supportive services to meet goals and documented in the case file. Supportive service obligations and expenditures are to be tracked separately and are subject to the additional policies below. City Council 16 — 152 7/6/2021 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS SUPPORTIVE SERVICES PROCESSING Program Specialist is responsible for: a. Assessing and recording needed services on the ISP form. b. Informing Participant of support service policy and the required documentation needed to justify services. c. Referring Participant to other supportive services offered outside of OCCC's program. Describe the method for documenting the need and the absence of such services through non-WIOA resources. d. Reviewing and approving most reasonable estimates. e. Keeping a log of all supportive services received by each participant with a running total value. f. Filing copies of receipts for supportive services (when applicable) in the participants' files. g. Collecting and reviewing all invoices/statements for accuracy. In. All value cards shall be tracked with a Master Log. 2. Participant is responsible for: a. Obtaining services that are referred by Program Specialist but not provided through OCCC. b. Provide appropriate documentation. If a participant does not provide appropriate documentation, no supportive services will be provided. c. Any lost/stolen/destroyed prepaid value card requests need to be submitted with an affidavit from the participant. Program Manager is responsible for: a. Reviewing all Supportive Service Receipts before submittal to the finance department and ensures that no deduction is submitted for an initial issuance to a grant -funded participant. b. The Program Manager will appoint a custodian who will keep the value cards in a secured storage place and keep a Master Log of all value cards. c. The Program Manager will perform an inventory of value cards at least quarterly and/or take corrective actions to ensure the policy is followed. 4. Chief Executive Officer is responsible for a. Reviewing and approving invoices/statements for payment when applicable. 5. Fiscal Officer is responsible for: a. Verifying the availability of funds and notifying the Program Specialist and the Program Manager. b. Processing payment and use approved contractor policies. City Council 16 — 153 7/6/2021 EXHIBIT 2 ff"uk CONS RVAYION CORPS 1. Bus Passes a. One 30-day bus pass will be issued per month. b. In the event the participant loses a bus pass, the participant will be charged for the cost of the replacement, except at the discretion of the Case Manager and approval from the Program Manager. c. Program Staff is responsible for issuing the bus pass and completing the information necessary on the bus pass log, the bus pass receipt form, and the voluntary deduction agreement form, if applicable. d. Copies of the bus pass receipt and Supportive Services Request Form (and voluntary deduction agreement, if applicable) will be kept in the participant file. 2. Gas Cards a. Participants are eligible to receive a gas card every 30 days. b. Program Specialist submits supportive service request form to the Program Manager for approval. c. Every time a gas card is approved and issued, the Participant is required to sign the gas card request form and the gas card receipt form. The gas card receipts/and or applicant statement are attached to the gas card request and receipt form. d. To be eligible to receive another gas card, the Participant must submit all receipts and/or provides a photocopy of the receipts. If no gas card receipts are provided, the Participant must complete an applicant statement that states the reason there are no gas card receipts provided. e. The gas card receipts must total the equivalent amount of the gas card ($50). f. The Program Specialist keeps the gas card request form, applicant statement, gas card receipts, gas card receipt form in a binder and provides copies to payroll. g. The Program Specialist is responsible for updating the binder with the forms and receipts to verify the participant's request for another gas card. Copies of the gas card request form, applicant statement, gas card receipts, and gas card receipt form are included in the grant files. Other; All supportive services under WIOA Supportive Services will be provided at the discretion of the Programs Manager and/or other Executive Staff. Other supportive services in addition to the ones mentioned above will follow the same procedures when applicable. City Council 16 — 154 7/6/2021 EXHIBIT 2 MORANGE COUNTY (.ONSFRVATION CORPS "er Earn... Learn... Serve... ?ools to Gfeeri the Future! Incentive Policy Effective December 22, 2020 toll free: (888) 641-CORP (2677) tnrww.iv Ireyouth.org Purpose: Incentivize youth for the attainment of performance indicators and/or key benchmarks toward those outcomes (including but not limited to attainment of employment skills and goals, mastering competency levels, participating in unpaid career exploration activities, etc.). Encourage youth to participate in activities throughout program duration, including post -exit follow-up for up to 12-month and/or based on contractual/agreement for obligations/deliverables. Procedures: An incentive is a payment to a participant for the achievement of established and measurable goals as a result of program participation. The incentive must be linked to achievement and must be tied to training and/or education, work readiness skills, and/or occupational skills attainment goal as identified in the Individual Service Plan (ISP) or Incentive Listing. Such achievements must be documented in the participant's file as the basis for an incentive payment. All incentives are awarded in the form of a prepaid card. Incentives may be awarded for, but are not limited to, the following goal accomplishments as a result of program participation: Attainment of degree or recognized certificate Placement in employment or education Significant accomplishment — reference ISP or Incentive Listing OCCC Youth Incentive plan ensures the following: a. All incentive payments must be relevant to the results of the objective assessment of each participant's ISP. b. All incentive details must be specified in the participant's Incentives Log, including the amount that was provided, the funding source used, and the participant's acknowledgment of receipt. c. Participant records (ISP/Case Notes/Incentive Log) and financial records on incentive payments must be made available for review by local, state, and federal monitors and must meet financial management standards including tracking of actual expenditures City Council 16 — 155 7/6/2021 EXHIBIT 2 ORANGE C:OLINIY CONSERVATION CORPS against budgeted amounts and support for accounting records to ensure proper charging of costs. Incentive Services P ac_ r assinta program Specialist is responsible for, a. Informing participants of incentive services policy and the required documentation needed to justify services. b. Assessing and recording incentive documentation. C. Keeping a log of all incentive services received by each participant with a running total value. d. Filing copies of proof of attainments of goals for incentive services (when applicable) in the participants' flies. e. Collecting and reviewing all documentation for accuracy. f, Submitting the Incentive Request Form for review and approvals. 2_ The participant is responsible for: a. Securing proof of incentive attainment to receive an incentive. 3. Finance/Other Staff is responsible for: a. Ensuring a strategic process of establishing incentive plans for the youth participants to support the best utilization of incentives based on budget constraints, b. Reviewing and approving all Incentive Requests before submittal to the finance department. 4. The Fiscal Officer is responsible for: a. Verifying the availability of funds and notifying the Program Specialist and staff. b. Processing payment/billing. Other: All incentives are based on participant needs and certificates earned. All incentives will be provided at the discretion of the Program Staff and/or other Executive Staff. City Council 16 — 156 7/6/2021 EXHIBIT 2 ORANG_EC"OUN1Y CONSERVATION CORPS �•0. F;arn_. Learn... Serve... Tool:: to Cry.=•n {he Frtturel Hy, 1flUingrihCa��rlanctu',ylu�,��r��ahrvtinjf¢wr�o'f ;,.;.� 1M..9Sl9KII- EffectiVe July 1, 2019 Attendance Incentive . $50 CM must have perfect attendance for both work AND school during an entire month for CM who are in school. CM must have perfect attendance for scheduled work only for CM who is riot in school No absences are allowed (including excused absences & Leave of Absences). Credential/Certification Incentive - $60 CM must successfully earn a state -recognized credential or certification. Driver license Incentive - $60 CM must obtain a Class B or Class C Driver License while enrolled with the OCCC. Education Program Incentive -$100 CM must earn a High School Diploma while enrolled at the OCCC. Open a Bank Account - $Sit CM must open either a checking or savings account while enrolled at OCCC. Participant must submit proof of new account. CM will not be eligible for existing accounts or opening additional accounts. Placement in Employment Incentive - $50 CM must maintain employment and submit proof of employment at time of incentive processing. Post -Secondary Education - $50 CM must submit proof of enrollment and class schedule Completion of Work Readiness CurriculumlCareer Exploration Activitiesflifla Skills Activities - $50 CM must complete all workshops assigned and submit completed checklist Parole9Probetion Discharge Incentive - $50 CM must be discharged from probation or parole while enrolled at OCCC. Others — Management Discretion - Amount TBD but not more than $50 At the discretion of management, certain accomplishments and attainments not listed above may be given, when it Is determined that ine participant has made great stride in the program. City Council 16 — 157 7/6/2021 EXHIBIT 2 711�1!/1411 (1()NSI I�VAII()hI(-()I .Serve_ Iun� I � Gn•Pn the Puf�rr' Purchasing Policy Effective 07/01/2019 Policv Purpose toll free: (888) 641-CORP (2677) www.i)ireyouth.org The purpose of the purchasing policy is to set standards and guidelines for the procurement of supplies, equipment, or services and to ensure that they are obtained as economically as possible through an open and competitive process. This policy ensures they are managed with good administrative practices and sound business judgement and in absent of any conflict of interest. It also ensures purchases will meet any special contractual obligations and associated regulatory requirements. llZETW .. Purchasing policy covers both micro purchase (less than $10,000) and small purchase (greater than $10,000 but less than $250,000). Other contractual requirement might be enforced in lieu of this policy, such as CalRecycle anything greater than $5,000 will requires bids or approval for sole source. Policy Procedure Micro Purchases: • None routine purchases will nood to be approved by managers/directors (can be verbal or in writing). • Routine purchases can be executed based on operational needs including time and effort • Periodic price sampling for small purchase should be done on a minimum annual basis • Ensures compliance with all contracts Small Purchases: • All small purchases in excess of $10,000 but less than $250,000 will need to have three bids if possible or sole source justification. • Sole source will need to be justified and pre -approved especially by funder. • Bids will be reviewed by the Chief Financial Officer or Chief Executive Officer. • Award must be specially approved in advance by the CFO or CEO Ensures compliance with all contracts City Council 16 — 158 7/6/2021 EXHIBIT 2 Orange County Conservation Corps Santa Ana Workforce Investment Board - The Youth Service Provider Network Request for Proposal PY 202112022 ORANGE COUNTY CONSERVATION CORPS BUDGET NARRATIVE Administrative Staff —.04 FTI,—$6,800 or 5.91% of budget Administrative staff consists of a small percentage of the Chief Financial Officer to perform various administrative functions including; general & financial management, payroll, accounts payable and office coordination. Administrative Staff Taxes and Benefits - S588 or 0.51% of budget Taxes and benefits include state unemployment at 6.2% of first S7,000 earned, 7.65% FICA and workers compensation. Program Staff --1.20 FTE -- $57,165 or 49.71% of budget Program staff consists of 3 individuals of which 1 Program Specialist will be exclusively dedicated to ensure the programmatic success of the grant which includes recruit, enroll youths and overall case management. Other programs staff will be involved to provide overall support, leadership, management, coordination, daily supervision, training engagement and mentorship of enrolled youths. WIOA Program Specialist — 80% FTE: fully responsible for the success of grant Operations Manager —2% FTE: projects management and acquisition Crew Supervisor I — 40% FTE: project supervision and mentorship Program Staff Taxes and Benefits — $6,386 or 5.55% of budget These include taxes and fringe benefits associated with each staff and their corresponding percentage of tithe spent on fulfilling all programmatic aspect of the grant. 6.2%. for State Unemployment Insurance for first $7,000 earned, 7.65% for FICA and an allocated % of respective health benefits including retirement contribution cost for each associated staff. Participant Wages, Taxes and Benefits — $34,961 or 30.40% of budget Wages are paid directly to participants who earn a mininturn of $15.00 per hour and are scheduled to work tip to 29 hours per weelc while enrolled in our program. 'faxes and workers compensations are directly associated with participants wages and are paid by the Corps. 14 participants (o,)5 weeks with 29 hours per week average @$15 per hour effective January 1, 2021, NOT including any additional leveraged wages by OCCC. Additional costs include taxes and workers compensation. Support Services — $7,000 or 6.09% of budget Supportive Services mainly include uniforms, bus passes and gas cards. Other supportive service may include hotel voucher, car repair, tattoo removal, dress for success, material and City Council 16 — 159 7/6/2021 EXHIBIT 2 Orange County Conservation Corps Santa Ana Workforce Investment Board -1'he Youth Service Provider Network Request for Proposal PY 202112022 supply for certification training and any other related costs in helping the participants to successfhlly complete the program. Incentives — S2,100 or 1.83% budget Incentives are costs associated with prepaid cards given directly to the participants for successfully completing or accomplishing certain required or encouraged milestones. These include obtaining certification, earning a high school diploma and other milestones. Budget Summary Overall, 94% of the budget is budgeted toward programmatic expenses where most of the fund budgeted is directly benefiting the participants in forms of wages, benefits, incentives and supportive services. In addition to the budget, the Corps will also be leveraging approximately up to $110,467 of various costs associated with operating the program. )Hollow -up Services — Follow-up services for prior year participants (PY20/21) using current budgeted amount in supportive services. Tracking OCCC uses finger biomeu'ic to track all participant hours in additional to daily field sign -in sheet. Time cards are generated bi-weekly and are signed off by participants with the corresponding supervisor. Various labor distribution reports are used to track participant hours and earnings. Incentives and supportive services are requested through an applicable form with proper approval before they are delivered. Incentives and supportive services report can be generated at will from our tracking databases. Subcontracting — OCCC does not subcomraCt any obligations or duties in this proposal. City Council 16 — 160 7/6/2021 EXHIBIT 2 ,Santa Ana Workforce Investmet BoardYouth Council Workforce Innovation & Opportunity Act. l Program Year 2021/2022 _ Budaet Form Orange County Conservation Corps Administrative Program Total WIOA Match/in Kind BI�DVIt rlei.i�ir`-4°r�1Kl\Jl t1+.ii"s4 2 '.�"ci aflb�b{�t,'; >n �J �(f\1 �. ;ilf2�d �'! P'i ��vf:i 4�1h.\ ;/. B�✓r1'd "�. /7'4�f1?5'` "rr."\ h'f Salad69 (List titles and FTEs)" 6,8001 $7,165 63,985 45.010 Benefits' 588 6,3861 6,975 8,650 Total Personnel 7,388 63,5511 70,940 53,660 Rent - Occupancy Related` - - 2,293 Utilities ...................................... ............. _...._ ............... Internet fees Parking fees Security - Maintenance - Insurance Equipment rental fees' Vehicle lease charges (i&hicles may not he purchased) Office expanses (consumahlos) .._.._.__......................................................................................................... . 454 Accounting Services - Protect Expenses 25,000 Adminstratiee. Ser,nces 824 Indirect costa (attach indirect cost rate plan") - Professional SoMces .............................._.........-........._._ 597 Maitce0nglMembershlp 645 Finance Charges 836 Staff training - - —.. _.. Staff travel/mileage/conferences ................................................................................................................ ...... ..... _.. _. _ 1,000 participant Wa os & Bencflts" 34,961 34,961 20,000 Support seMces' 7,000 7.000 Profit (for profits only) Other (list)" - Inrentives 2,100 2,100 Project Transportation —__._.................................................................................. - 3,439 Charter School 1,720 Total O eratin Ex eases 44,061 4,1061 56,807 TOTALiij— (Total Personnel +Total Operating Expenses) Follow-up, Services 22 staff time+fol up svcs 7,388 - $ a - 116,000 t - $ 110,467 - Grand Total with Follow-up Services $ 7,388 $ 107,612 1 $ 115,000 $ 110,467 City Council 16 — 161 7/6/2021 EXHIBIT 2 Santa Ana WorR/brce Invas tin ®t BoardYouth Council OCCC Workrame Innovation & Opportunity Act Direct Program Expenses Program Year 2021/1011 _... _.. WIOA WIOA occe Staff WagesvSalarlea Time % Amount Admiolstativo Staff ... ._ ... _. _ _... Cltlef Financial Officer T..Huynh 4 tl000 Subtotal AdminStafl _... 6,806 EmployerTaxes �... 520 Workers Conrpensatlon 68 Benefits Subtotal Admin Stag TaxearBeneRfa _ 669 Total Administrativo Expmnsms Pmprom 51aR - projaOtManaBar _. _ J. Newron 2%I 2000'...... SupeMsor l'.. -TBD 40%:' 15600.... _. WIOA Pmgmm Speciallst - 'O. Gamin 501Y.'. 39505 Subtotal Program Stag' - 57,163' E.mployei Taxvs.. 4,406 Workers Compensation _ .. _... 1,980.-.. _..... Benefits Subtota/ Program _Staff TaxeslBeneRts - 0,306' Program Eyrena9S Project Tmnspanatlon (vehicle, Insumnce. lual, repair & malrt[) - StaffTraining.._ _.... _... Occupancy Related (rental, utaitimn, ropair & main) Sublo l Program Expenses _ Total Program Expanses $ 63,551 Corpsmomber(CM) Expenses Avoraga Total hriv W/mA CM Stlpanas Nof CMs Hourly Ram CM Amount CMs (20 hdwk x ll wks) 14 $is 2,030 30,229 Carry-overs 0 ..._........._......................................................................................................... CMS TOIOI HOUf$ ?aid WOdr Ex ene ncx � 2 ,030. Employer Ta.es_ 2,314, Warsere Corn ensatlon 2418 CM Stipend Total 14 34,961 - Supportive Services/l.nlfornls/buspasses/eascards/books/a.ihon/otners 14 :5 Sao: 7,000 CM incentives/Bonus 14 • 150 2 0O Subtotal Cms intpenaes $ ",Dal Follow-up Services Prior Year (22) (staff pine * 3pp svc) 9 Total with Follow-up Servicos $ 115.000 OCCC Match OCCC Staff Salanes & Wages - 45,010 •faxes & 66n61ts 8,650 OCCC Match- Participant Wages _ _ 2000U OCDE Charter5chool 1,720 OCCC Expenses 3S,087 Total OCCC Cash & In Kind 5 110,467 City Council 16 — 162 7/6/2021 EXHIBIT 2 Santa Ana Workforce lnveslmnt BoartlVouth Council _ OCCC. Workforce lnnovedon 80PPOnunrty AM Melahlny. Program Year 20g1/10g2 ' _..... __. .... WIOA OCCC. I. amrc 0.R..Y.CACG' W IOA W� 41ldtS kt ,d9.4 f C.'0 DnICf GxmOVOW t)f(ICer K. BOO.Oni _ _. 0% - ?,'ffnU - -- C"IdPin.roalOncer T. nty1h _... - 4% 6,6A0 8400 _ AOCOrnts FAYSbI0 N. Hinges 0% 1,250 - Payr01 Spec aunt S. Coma _. 0% - _1,740 MlanaOar �. P StOngo 0% - 2,000 Oireator of Opmrmtlo�., J. Voila _ 0% 3060 Proleot Macaw - Newton... 2 % 2,000 2,000 . SopeNsorI _ _ lPJ 40% f5,600. 9,/50 S:uponwor 11 MD 0% 3,a0U Pmynma Manm9or S San. _.. 0% - a'�o PrsgmM SP601M(St V Ynpea 0% 1,200 MIA Program SPe0I9l et U0onm _ 80% 40,000 10,000, R.S,Itor E. Veaerq# 0%- 2,200 Sub-Naf StaffSml4Moa& Wag. 8 - - 64,400'S 45,011) bub.rotaf 9tmffaanoft 8 12,256 $ _ • 8,e0 .. -.. TbMI Sreff Wmgne arttl Uonaam ram., ......_ 8 TB,B80 B 63.e60 -W(UA Amount WIUA WtUA OCCC _... ' �MJExPenros,. Budget 24W Portia. 24'W In -Kind AdMIn etntnan 34,500 SY. -- 824 Rnff .mI ning/aaff and boaro meetings Occupancy SS4,0Wa 2,293 2,293 - -- - RenUiplit /p onn/hylldout/occupanry IS atem P..nanoinq/mm,k ng/p,rol Charged 55,000 M - _ - a36 93nk/IAC/Dayl'o1i processor lea MarkelAemoemnr 27,000 645 - 6i. Co�z mmmborsmpnnp outreecn rumps-,gn. OOkq xPG0onsea 1J,000 454 454 Off .s.,ppha: PmrO::nAI S'.'W . O, 25,000 s.4 Y. 59/ CPA AuoV MR/L _ m9epConamten[cpn coca ee,uao: Protnct Lkomn9oY 182,NO ,.. 25,600' - ..,- - _.. 25,000 (ns tools(fafotynrppl ea/r niforms/projga Glatt In atao 1Tena00 mt10r fpuc. _Lmnm ma It) 14'Axl 3,139 0% - 3,43g Ven.. eace/p r nu., Vnh al ocpnbt, fcel, I IS, ma nc Trawl$ Conmrenco 12,500 1,000 O% - 1000 5tdrrn.'.. eaye and mlam.ianooas travola/conferences OCIDE Cnum,,Sanoe _ 72,0W 1,720 - 1720 Sxaff mllnaen atdnlsa i at,dois uauels/confprencas OCCC PantLpnnc WL9oe$ Henna 2o.000 20,000 _ _- .. 20,000 6thtr cvamgadparde. Ponta work ng hoJrv&oeneflt. """_:Y `•,,M =^fW"w+ ;a uv,wU a pn,our; Y B 54.809 Total OCCC Mmmb (C.oh & In IClbtl) T0101 YIIOA rnpj uted I room 2,030 _.. ' nm@I =C PtoeCtBd noun 65,000 Prnleot 1G(WIA 11MOCCC hra) 2.44 City Council 16 - 163 7/6/2021 EXHIBIT 2 COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 City Council EXI-IjB1i•'%6 — 164 7/6/2021 EXHIBIT 2 Table of Contents Information Regarding Complaints__ ............................ A. Nondiscrimination and Equal Opportunity Complaints. 1. Policy 2. Civil Rights, 3 3 3 A 3. Nondiscrimination laws under WIOA _...._......_.___4 4. How to File Your Complaint B. Criminal Complaints 6 ll. General Procedures for Handling Non -Criminal Violations of the Act 6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State Level 12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants 17 GLOSSARY OF WIOA City Council 2 16 — 165 7/6/2021 EXHIBIT E EXHIBIT 2 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those individuals facing serious barriers to employment. Every effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to: • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. City Council s 16 — 166 7/6/2021 EXHIBIT E EXHIBIT 2 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above: e You may not be denied the opportunity to enroll in WIOA. No benefits or services may be denied you for discriminatory reasons. . You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act of 1973 City Council 4 16 — 167 7/6/2021 EXHIBIT E EXHIBIT 2 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: 111111151111M MIRi T401111111=611MAMMO EF!ZSE! Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with: City Council 5 16 — 168 7/6/2021 EXHIBIT E EXHIBIT 2 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing of the complaint. If the complaint is still unresolved, an appeal may be made to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed to assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600..., Federal handling of criminal complaints and report fraud, abuse and other criminal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." 11. General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub City Council 6 16 — 169 7/6/2021 EXHIBIT E EXHIBIT 2 recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in writing. These procedures are intended to resolve matters which concern policies, procedures or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures: All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but riot to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment Into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. City Council 7 16 — 170 7/6/2021 EXHIBIT E EXHIBIT 2 A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms, and conditions of employment of any employee who is not a participant, as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 days of filing the complaint or receives an unsatisfactory decision, the complainant then has a right to request a review of the complaint by the Governor. 6. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received, The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; City Council B 16 — 171 7/6/2021 EXHIBIT E EXHIBIT 2 e. Remedy sought by the complainant; and f. if the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy of the complaint must be sent to the respondent and both parties notified of the opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at Informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. if mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. if resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a hearing should be put in writing and be filed in person or by mail. A governing board resolution of authorization to appeal should also be submitted when appropriate. The request should be filled with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 City Council 9 16 — 172 7/6/2021 EXHIBIT E EXHIBIT 2 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana LWDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer, 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. City Council 20 16 — 173 7/6/2021 EXHIBIT E EXHIBIT 2 4. The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. 5. The party involved should have the right to be represented (at their own expense) if he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. if the parties involved, or their representatives, do not know how to ask the right or pertinent questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. 7. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. City Council 11 16 — 174 7/6/2021 EXHIBIT E EXHIBIT 2 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may also be used. E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include: Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record City Council 12 16 — 175 7/6/2021 EXHIBIT E EXHIBIT 2 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level City Council 13 16 — 176 7/6/2021 EXHIBIT E EXHIBIT 2 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and should include the following: a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation. The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. City Council yq 16 — 177 7/6/2021 EXHIBIT E EXHIBIT 2 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). City Council 15 16 — 178 7/6/2021 EXHIBIT E EXHIBIT 2 PROCEDURES FOR HANDLING NON -CRIMINAL COMPLAINTS No later than 180 days of alleged discrimination Handling of complaints filed at LWDA level arising in connection with W10A programs operated by LWDAs Informal Resolution Process I Within 10 days of receipt of unsatisfactory decision or 10 days from date LWDA decision should have been issued. Unsatisfactory Decision or LWDA Decision not issued within 60 days Request for State Review w 0 o a Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL City Council 16 16 — 179 7/6/2021 EXHIBIT E EXHIBIT 2 VI 2. In cases where areas of authority overlap, it is the responsibility of the EEO Officer to advise the complainant of the existence of State, Federal and other proper action agencies, which may also have a bearing. 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Jennifer Sommers Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shall file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. 3. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA. City Council 17 16 — 180 EXHIBIT E 7/6/2021 EXHIBIT 2 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. City Council 18 16 — 181 7/6/2021 EXHIBIT E EXHIBIT 2 1PROCEDURES FOR HANDLING COMPLAINTS ON BASES OF DISABILITY No later than 180 days of Filing of complaint on the basis of Disability with LWDA alleged O°Y 1 discrimination ._ Informal Resolution If no resolution reached Request for Hearing Notice of Hearing Hearing Conducted I I Day145 Day LWDA Decision Unsatisfactory Decision or No Decision State Review Filed within 30 days of LWDA/State Governor's Decision Decision or 90 days from date of 60 Days initial filing of Appeal to Assistant Secretary bepartment of Labor complaints City Council 19 16 — 182 7/6/2021 EXHIBIT E EXHIBIT 2 GLOSSARY OF WIOA TERM AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSESSMENT — Services designed to determine each participant's employability, aptitudes, abilities and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any Individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services; to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "Joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. City Council 20 16 — 183 7/6/2021 EXHIBIT E EXHIBIT 2 JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake; and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. City Council ZI 16 — 184 7/6/2021 EXHIBIT E EXHIBIT 2 CERTIFICATION, REGARDING LOBBYING CERTIFICATION FOR,CON ACTS -GRANTS �LOA1�S and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipient's shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. Organization Program Title ..av M�-n; Name of Certif ' g Official Signatur City Council 16 — 185 7/6/2021 EXHIBIT 2 Certification Regarding Drug -Free Workplace Requiremgnts The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace, (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a), (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT G City Council 16 — 186 7/6/2021 EXHIBIT 2 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance' form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Date \ . _ 11 , Prof raw."Operator Si rtsre _. EXHIBIT G City Council 16 — 187 7/6/2021 EXHIBIT 2 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Or_ang,e CoMNGonservaticn CsU._ Name of Contractor: OCCC-Katbaryn Muniz Contractor Number: Date: July_1, ?021_._-June 30 022 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): Or nge Co un Connerv_atinn...C. .. ........... 1853 N_Raymond Avenue. Anah_e__i_m_ , CA 92801 Address EXHIBIT G City Council 16 — 188 7/6/2021 EXHIBIT 2 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If It is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used In this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the. DOL may pursue available remedies, including suspension and/or debarment. City Council `1` " 16 — 189 7/6/2021 EXHIBIT 2 Certification Retarding P"brmgn y �{l ttj)netipibiRty and_j(oiur�t�ry_Furlustq k sower Ter,tovefgd Transartitions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil Judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orange County Conservation Corps Grantee Contractor Organization /p Nam and Title of Official Au griz to Certify On Behalf of the Grantee Date City Council EXHIBIT H 16 — 190 7/6/2021 EXHIBIT 2 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If cannot, this proposal will be automatically rejected. Please initial each box. ® I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. (� We are not currently on any Federal, State of Califxnuia, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. ® We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA funds will be used as required by law and contract. © We have additional funding sources and will not be dependent on WIOA funds alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited m: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non-discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1971 Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. [� Agree to 'insure the City of Santa Ana through General Liability Insurance and Automobile Uability Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. I Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. We will not.: Place a youth in a position that will displace a current employee. Use WIOA money to assist, promote, or deter union organizing. tlS) Use funds to employ or train of persons in sectarian activities. �] Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. (� Use WIOA funds for activities that would interfere with or replace rogular academic requirements for eligible youth who are not dropouts. ® Use WIOA funds to cany out programs funded under the Sohool to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate tinder WIOA. Use WIOA money under this contract to purchase any equipment. that all of the above are true. EXlf[B1T l City Council 16 — 191 7/6/2021 Francine R. Vf11�PA�FXH�Pti ,,2-byrrmaneR IM r.10 l.uamu` 3�22 -0)'n0 DATE(MMIODYVYVI 6/4/2021 �-� CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provision$ or 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 endorsements . PRODUCER Arthur J. Gallagher 8, Co- Insurance Brokers of CA., Inc. 505 N Brand Blvd, Suite 600 CONT TcT NI Annie LeePHON-� FA ' .818.539.8701 818.530.8601Nn1. - ` Annie Lee@atg.com.._, Glendale CA 91203 _ INSURERISI AFFORDiNO COVERAGE NAIC9 INSURER$: Great American Alliance Insurance Com an 26832 Ptcensej(;_n7,?,UZ INSURED CRANCDU,19 Orange County Conservation Corps 1653 N. Rayrnond Ave. INSURER8: Great American Insurance Company Of NY 22136 - --- INSURER O Anaheim, CA 92801 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1638849878 REVISION NUMBER: TI [IS IS TO CERTIFY THAT THE POLICIES OF INSURANCE; LISTED BELOW I IAVE BEEN ISSJED TO THE INSURED NAMED ABOVE. FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT, RESPECT 10 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IL ER TVPE aFINIURANCF. A P LICY NUMBER MM POLICYp �` ����pp O UDYEW M�bY YW11 LIMITS A X COMMERCIAL GENERAL LIABILITY Y PAC 515468016 1D/112020 10/1/2021 EAC-ICCCJRRENee. $1,000i000 (C A -MARE occuR IM9 PREMISC-S (C 66 _nnn 3100000 _ ME[) EXP (Any ono oerson) $ 5.000 PERSONA AAI)V INJI,IftY $1,000,000 _ GFNI AOOHFOAIF LIMIT APPLIES PER GENFRALAGGREGATC $3,000000 X POLICY L ECT LOC PRODJCTS-COMPIOPAGG $3.000.000 S OTHE. a AUTOMODILELJABIL TY CAP 0991249 07 10/1/2020 10/1/2021 n nr-N-9 IN da�T L L. MI $1.000.000 HO]ILV IN.URY(Perporoo X ANYAUI"O OWNED AUTOS ONLY _...... ALT(11 BODILY INJJRY (Par-., oltlnnq $ X HIRED AUT03 ONLY X- ALIOS ONLY PftOPEN77PSAMAO LROPE iOAntt .- . $ - ._. Com A Coll elan $ 500 3500 A X UMBRELLA LIAB X OCCJR ._...... .........................._. JMB 5a03]051a 10/1/2020 10I112021 .......000. EACH OCCURRENCE $4.000,000 AOGREGase $4000.000 EXCESS LIAR CLAIMS -MADE 0£1 XHETENTION$ _ WORKERS COMPENSATIONPLIR r.- ...g.. ANDEMPLOYERS LIAa14ITYYIN A�JTE� ANY10FR(M MBFR XCL_DLE%ECu'rNa OFHCFR/MFIIINN) CLUDEDI NIA FL EACH ACOIOENT — — 8 _ (MenLlatory In NH) 61_ n:yFA9E-F:A EMPLOYEE _.EASC- $ u yyaS (PTIDN tinder DCSLIRIPTIONpFOFFRgrl9NanalDw CL DISC-ASE-POLICY LIMIT ---'-- 3 A ADLSGNIUm010WSIlOn PAC G15469016 10/1/2020 10P12021 PerCleim $1000,000 A99009Ste $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Romarko Sahoduio, maV fie oot.,nII it moo spaco is ro9uirad) Policy: Professional Liablllty Policy If. PPAG 5154680 16 Carrier :Great American Alliance Insurance Company Policy Perin. 10/01/2020-1010112021 Par Claim: $1,000,000 l Aggregate: $3,000,000 RE: Agreemoni Numbor: A-2020-142 I Pro)ect. Adult and Dislocated Worker Training T'he City or Santa Ana, its officers, employees, agents. volunteers and roprasanfatives are named as named additional insured with respect to the, operations of See Attached... CERTIFICATE City of Santa Ana Risk Management Division, 20 Civic Center Plaza, 4th floor Santa Ana CA 92701 ACORD 25 (2016/03, SHOULD ANY OF TI1E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE.. WII_I_ BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTIIIORIZEED�`REI K�'1rtp(}.Yy liII IF::I:f;W411ily_VIAICI91[of The ACORD name and logo are registered marks of ACORD f r ldak idAnpgrmeal DlNSlon {{�RCe1emEO in AF hWEO BV: 111 momHUB M, nnywucnp HnzlylL AGENCY CUSTOMER 10: ORANCOU-19 EXHIBIT 2 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Arthur J. Gallagher & Co. NAMEDINBDRED Orange County Conservation Corps 1853 N. Raymond Ave. Anaheim, CA 92801 POLICY NUMBER .......................................... CARRIER NAIC CODE AFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 28 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE named insured. The insurance provided In the Garen tice shall be provided at least ten (10) days in advance policy change. ACORD r is primary and any other Insurance shall be excess only, and not contributing. Written for non-payment of pramiun and thirty (30) days In advance for any other cancollatlon @ 2008 ACORD CI The ACORD name and logo are registered marks of ACORD f PJA Mma&sm tDirisim U pBAY A PROVED BY 1r MA z (Fat".4ad Rtxk t4tannupy lent Analyst Named Insured: Orange County Conservation Corps EXHIBIT 2 Pollcy number: PAC 515468016 Effective date: 10/1/2020 CG 20 26 (Ed, 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): TIe City of Santa Ana, its officers, employees, agents, volunteers and representatives Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION 11 - WHO IS AN INSURED is amonded to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1, in the performance of your ongoing operations; or 2. in connection with your premises owned by or rented to you. However: 1. the insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the Additional Insured Is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the arnount of Insurance: 1, required by the contract or agreement; or City Council CG 20 26 (Ed. 04113) 16— 194 Copyright, ISO Properties, Inc., 2012 (Page 1 of 2) A�;,ft�. P- VIW Ri,k Wt u c,mcw fk iilyit EXHIBIT 2 2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appllcable Limits of Insurance shown in the Declarations. City Council 16— 195 Copyright, ISO Properties, Inc.. 2012 (Page 2 of 2) ffD & ARPRwa) By., JJZLL��I'T�" R. (6;d WAt RIA Managem Pa ,,I s[ CG 20 26 (Ed. 04113) S1 . 10/112020 ` PAC 5154680 16 GREAT AMERICAN ALLIANCE: INSURANCE COMPAgXHIBIT 2 'D/B" 525791941 694804 CG 20 01 (Ed. 04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance (1) the Additional Insured is a Named Insured Condition and supersedes any provision to the under such other insurance. and contrary: Primary and Noncontributory Insurance (2) you have agreed in writing in a contract or This insurance is primary to and will not seek agreement that this insurance would be contribution from any other insurance avail- primary and would not seek contribution able to an additional insured under your policy from any other insurance available to the provided that: Additional Insured. Copyright, ISO Properties, Inc., 2012 CG 20 01 (Ed. 04113) City Council 16 — 196 Rick Mnnngm4nl:Aalslon n&Arvaw®Bv: '---- ll[sk MuvigemEnt A�t:nlyx EXHIBIT 2 CERTIFICATE OF LIABILITY INSURANCE 1 DAT1218/2oz0 1 zrarz THIS CERTIFICATE IS 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must have ADDITIONAL INSURED provisions or he endorsed. It SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate door not confer rights to the certificate holder in IOU Of such ondorsomenttsl. PRODUCER Arthur J. Callagher & Co. Insurance Brokers of California. Inc. LTC# 072.6293 '1255 Battery Street 9450 San Francisco CA 94111 INSURED Orange County Conservation Corps 1853 North Raymond Avenue Anaheim. CA 92801 COVERAGES CERTIFICATE NUMBER11.5323074.7 REVISION NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INS.JRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE: FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPFCI"'10 W111CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, -I HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL.. 11 IE 'TERMS EX(:I-LISIONS ANb CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE EtF,:FN RFDUCFD BY PAID CLAIMS. INEk Abbe POLICY EPP POLCY Xp "- LTR TYPF.OF INSURANCE.ta_ _ ICYNUMeER MMIDOIYYW MMIt�➢KYW LIMITS COMMI2RCIALGENERALLIAetI.,ITY EACMOCCLIRRENOE $ I"A;Mfl M'r" nOCC'JR — MEU EXP SAYy pn6 p0Yfgn) § PFrSONA RAf]VIN) HY S (BEN, ACOREjuAIF M 1 AfIPIIESPER Uf NEkAL ACCRECAI'EPOLICY LOC CCMPIOPACG U INLR: .PRODIGY. _. $ AUl'OMOEaE LIAERITY �E��Ijy � b''7M7 § 10EI�I .§ ANYAi10 CODIIY IN,VRY (For PNYAM) OWNED RChtE), LIM AJTO;iONv A11.Ud BODILY IN JR (Pe rUiltlunQ I IRIeD NON -OWNED F I2OeePIY DAMA'S"6 § — AJTOS ONLY ALITOS ONLY 1('r+12L4MR'flL1U—. § UMBRELLA LIAR IjC(:JR 'r ACH OC(.�rtRENC6 E EXCE99 LIAR G„AIMB-MADE 1CGRECATE ft :LID NcI ENTCIN'J m A WORKERS- COMPENSATION NrUW00001-2021 11112021 V112U22 X cSTATITr AND FMPLOYFRS' LIABILITY YIN R� ANYPROPRI2TONIPAP I NGWEXEC.!l1VE FL EPCn ACC DENT 3500000 OFFICFR1MEMBERFXCIUDED? n NIA (MandatonrInNH) f I I,Rf-ASt IA_.MPL_0_YEE 11100000 1 Od C0901 to"Ver _ p nOR(PT ON Or OPERA"fION9 Ila 1+ _ CL D$CA'S P(J_ICY.I MIT C XEVvK:-Bullon_eyer _ _ ADL1000013-00 1ff 12G21 11112022 XS of$500000 _$500000 $2to.00c (EI_a WC) B XBVJO SP4064079 111/2021 1/1/2022 Xsof 3750000 $2000.000(RI') xS It Sfb1, 1100 ;;tatulory(WO) OEFCRIP1lOP1 OF OPERATONR I I.UCATION9I VEHIG ES (ACORD 101 Addiflonal Rinmarke Schedule, may to anached If meru apner is ,mylnrodj City of Santa Ana 20 Club Center Plaza 4th Floor Santa Ana CA 92701 CANCELLATION SHOULD ANY UP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH 'rHE POLICY PROVISIONS. — MR988-2016 ACORD CI ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD .,.. Adak A1unagemettEbiWxlPn 55�1 �f�^tr']RfE�M'7E�W'�ED&AYpPpROdVpEO �lf. >X'1�`fyhkk��hR � YMA,.4�D4NL -- .--- Hlk Managerncnl Analyse EXHIBIT 2 Instructions: Please Date Amount SLIBRECIPIENT COMPLIANCE FORM this form, sil;n and submit to the Santa Ana Workforce Deve Orange County Conservation Co July 1, 2020-June 30. 2021 Dun and Bradstreet Data ft835566431 Universe Numbering Svstem Board. Catalog of Federal Domestic Assistance (CFDA) The Catalog of Federal Domestic Assistance (CFDA) is a government -wide compendium of Federal programs, projects, services, and activities that provide assistance or benefits to the American public. it contains financial and nonfinancial assistance programs administered by departments and establishments of the Federal government. The primary purpose is to assist users in identifying programs that meet specific objectives (for more information refer to: www.cfd ..Pov) Title & Number: WIA Youth Activities 1117.259 initial if you understand and agree with the above statement Nth itoring Subrecipient will or may be. monitored by officials from the City, State, or Federal entities. Monitoring may include the review of the subrecipient's use of Federal awards through reporting, site visits, regular contact, or other means to provide reasonable assurance that the Subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. initial if you understand and agree with the above statement Subrecipient's expending $750,000 or more in Federal awards during the fiscal year must have met the audit requirements of OMB Super Circular section 200501 within 9 months of the end of the subrecipient's audit period (refer to:hops:/„�wwwfedciahc E�sfe�Jov[dneunxntc�J3/122('2iatn, �_InmtiSLduvc n ywremc nls cost -prince alcls-and u¢Lj_cc.c uiiranr,nts fnr fade ial swards ). Please provide documentation that demonstrates the most recent audit in compliance with the above mentioned OMB Circular or include a letter indicating why a single audit was not required for your agency. ❑ See Attached LdNot Applicable /71 initial if you understand and agree with thn ahnvp atatprnent fcxecutive Officer Signature Date City Council 16 — 198 7/6/2021 EXHIBIT 2 ORANGE COUNTY CONSERVATION CORPS Earn... Learn... Serve... Iocls to Grweri the Future Orange County Conservation Corps does not anticipate to have a Single Audit for fiscal year ending 06/30/2021 due to the overall spending of less than $750,000 in federal award during the fiscal year. sincerely, } 1 �i1</1as i r Katharyn Muniz Citv Council 16 — 199 1853 North Raymond Avenue, Anaheim, CA 92801 e (714) 956-6222 7/6/2021 www.oc.corps.org EXHIBIT 2 AMERICANS WITH DISABILITY ACT (ADA) AND EQUAL OPPORTUNITY (ED) LAW SURVEY I. Is there a minimum of 2 designated accessibility parking slots? Per Dept. of Rehab Sect. 504 YESK NO❑ li. Are parking slot occupants able to reach the building's entrance for the disabled without having to go behind any other cars, or any other barriers (curb, sidewalks, etc.)? Per Dept. of Rehab. Sect. 504 YESM NO[] Ill. Is there a front door labeled with the International wheelchair access sign? Per Dept. of Rehab. Sect. 504 YES NO❑ IV. Is the labeled entrance's threshold not higher than''/= Inch to allow for wheelchair access? Per Dept. of Rehab. Sect. 504 YESM NO❑ V. Is the door -handle to the labeled wheelchair entrance door, a lever handle (not a round doorknob)? Per Dept. of Rehab. Sect. 504 YESK NO❑ VI. If any services are available on second floor, does the building have an elevator? Per Dept. of Rehab. Section 504 YES❑ NON NA❑ VII. Does the classroom, working area, and break -room have enough room to maneuver a wheelchair and/or crutches? Per Dept. of Rehab. Sect. 504 YESD NO[] Vill. Does the provider catalog/employee manual, contain the organization's Grievance Policy? Per CFR Title 20, 29, 41 YESIX NO❑ IX. Is the Grievance Procedure and contact person made available in writing to the participant on or before the first day of program participation? Per CFR Title 20,29,41 YES® NO[] X. If serving Limited English individuals, is the grievance procedure and procedures available in their language? Per CFR Title 20,29,42 YESkj NO❑ XI. Is there at least one internationally labeled accessible restroom for the individuals with disabilities? Per Dept. of Rehab. Sect. 504 YES[K NOO XII. Does the toilet stall for Individuals with disabilities have bars on each side of the wall? Per Dept. of Rehab. Sect. 504 YESX NO❑ XIII, Is there a telephone reasonably accessible to handicap individuals? Per Dept. of Rehab. Sect. 504 YES% NO[:] XIV. Is there a water fountain reasonably accessible to disabled individuals? Per Dept. of Rehab. Sect. 504 YESK NO❑ City Council 16 — 200 7/6/2021 EXHIBIT 2 XV. Are auxiliary (supplementary) aides available when requested by the individual? Per CFR Title 20,29,41 YESW NO❑ Youth Service Provider Information: Or nnpe County Conservation Corps Print First9 Last Name Servi rovider Signature fDate 1853 N. Raymond Aye. Anaheim, CA 92801 Business Address j71-9�6--62 t- 233 ___.._.....-- Business Phone Number All information is subject to validation by SAWDB staff upon approval of award. City Council 16 — 201 7/6/2021 EXHIBIT 3 Workforce Innovation & Opportunity Act Youth Program Provider Charitable Ventures of Orange County, dba Project Kinship 2021-2022 City Council EXHIBIT A16 — 202 7/6/2021 EXHIBIT 3 AGREEMENT UNDER TIIE WORIU, ORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 6' day of July, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing tinder the Constitution and laws of the State of California ("CITY") and Charitable Ventures of Orange County, dba Project Kinship, a non-profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 20-8756660 ("SUBRECIPIENT"). A. CITY has been designated a local Workforce Development Area (LWDA) render the Workforce Innovation and Opporthmity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is cnitided to receive federal fiords to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program"). D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, acid subject to all the teens and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIF.NT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBREC.,IPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.331(a)(1)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200.331(d) and 2 CFR §200328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. City Council 16 — 203 7/6/2021 ?age 1 of 17 EXHIBIT 3 B. SUBRECIPIEN'T agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set fortb herein in a professional, timely and diligent manner. D. SIJBRECIPIENT shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit E" and incorporated herein as though fully set forth in 20 CFR 658.411. SIJBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements tinder the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with fwids provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 189) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Artrcricans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of Califonlia and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. 1. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing, such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance- payroll aityrftum>cjbh duty statements. 16 — 204 7/6/2021 Page 2 of 17 EXHIBIT 3 2. SUBRECIPIENT agrees to forward to the Santa Ana WORK Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of participant; and the Workforce Innovation and Opportunity Act hollow -Up forth within 15 days following 30, 60, 90,180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa. Ana WORK Center Administration. 3. CITY, the State of California and the United States govertunent and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers, accountants, employees and Participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not snake the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. S. All accounting records and crridence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amcQitycfl¢ttnna* alrcady expended by SUBRECIP11wr-1268inder, as this is a casFrOiAmMement contract. Accounting records must be supported by such source documentation as invoices, bills, Page 3 of 17 EXHIBIT 3 statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents (2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California, 92701, by the tenth (loth) day of the month following the month in which SUBRECIPIENT"S services are perfortned. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's finds and cancel this Agreement by giving SUBRECIPIENT ten (19) days writtext notice thereof. SUBRECIPIENT shall either return to the CITY excessr_QyLgng�s over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECINENT also agrees to provide, at SUBRECIPIENT" 9 own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY', in accordance with the Act, 2 CFR 200.500. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide services to any participant where costs of training are paid for by any other person or entity. O. SUBR.ECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreemcnt to pay any person for influoncing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a merriber of Congress in connection with awarding of any federal contract, the making of any federal grant or lotus, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in it form as set forth in "Exhibit F," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agrccmcnt. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit G" attached hereto and incorporated herein by this reference. City Council 16 — 206 7/6/2021 Page 4 of 17 EXHIBIT 3 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the impoitance of child and family support obligations and shall fully comply with all 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 state Family Code; and, 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 Linployee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply ith all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A —Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit H"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs tinder the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges tbat the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or progrtuns they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in par with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program None) is a proud partner of the America's Job Center network". SUBRECIPIENT` shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. 11. CITY'S OBLIGATION'S A. On May 14, 2021, the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $751,794.00 for fiscal year 2021-2022. CITY agrees to pay to SUBRECIPIENTr when, if and to the extent federal finds are received under the provisions of the Act a stun not to exceed $160,000.00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit D" and incorporated herein by reference, during the period of this Agreement. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as City Council 16 — 207 7/6/2021 Page 5 of 17 EXHIBIT 3 B. Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECiPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defied in 2 CFR §200.414(b) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item aumowns in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least aimually. In addition, monthly desktop reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. III. TERM OF AGREEMENT A. This Agreement shall commence on July 6, 2021, and all duties arising under this Agreement shall have been performed by June 30, 2022. The Tenn of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it: nnmst provide follow-up services for one (1) year after the Tenn, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes all extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200,345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 200.329: and. City Council 16 — 208 7/6/2021 Page 6 of 17 EXHIBIT 3 5. The CITY should complete all closeout actions for the Federal award no later than one year after receipt and acceptance of all required final reports. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create at employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit 13) and general program requirements described in Sections 2 and I16 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement its though fully set forth herein. B. SUBRECIPI'ENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2`11 quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employrent during the 4'h quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2" quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit;�c) Percent or Participants who, during 0d)p0grinailare in education or training that Ica316 m2QQcognized postsecond76kakhtial or employment and who are achieving measurable skill gains; and, (fl effective in serving employers. Page 7 of 17 EXHIBIT 3 SUBRECIPIENT agrees to implement and shall meet any additional performance indicators that may be subsequently required by the Workforce Innovation and Opportunity Act or by any other hederal, State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 83-354) and. in accordance with Title VII of the Act, requiring that no person shall, on the gromids of race, color, religion, sex, age, handicap or national origin be excludedfrom participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. _ 3. SUBRECIPIENT shall comply with any and all federal laws limiting -the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through arty authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds tinder this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any prograrn participant or any application for participation in such program because of race, creed, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit I" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity ernployer/prog-anf' and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order- to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT" must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. City Council 11. SUBRECIPIENT certifie46thaP1Q1 property, finished7/600iif1nished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of Page 8 of t7 EXHIBIT 3 in accordance with the direction of the CITY. In addition, any tools and/or equipment furnished to the S1313RECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CPTY or dispose of them in accordance with the direction of the CITY. 12. SUBRFCIPIENT certifies that this Agreement does not provide for the advancernent or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to SuPort or sustain any_school college, utuversit, 'hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHT'S IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy-four (74) days of invention, development or assembly. The CITY, State of Califor-nia, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated. agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rightsin the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governtncntal Patent Policy" (President's Memorandum for heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy, 1. Unless otherwise provided in the terms of the grant or agreemcnt, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce publish or otherwise use, and to authnrize other,, to nce for Fodoml tc- 7iment pi rposes; (a) 'IhGity)Ao4hri1n any work developed under any *flint,24ub-grant, or contract ZWQ24rant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases Pale 9 of 17 EXHIBIT 3 ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CPR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLLAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environnimtal Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter ainenJQ—d—.-CTnde ese aws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any convnunication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will be tatken by SUBRECIPIENT in order to maintain the integrity of this expcndihire of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employ Lent of Former State or CITY Employ. SUBRECIPIENT will ensure that any of its employees who were fotanerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Aw=neutt for a period of not less than two (2) years following the termination of such employment. c. Corlduccing Business_ Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in progranis provided by, or employment with, SUBRECIPIENT. d. Conducting Business InvglvinQ Close._ Personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligericei� e i 6#uations which give rise to an assertiMabLM favorable treatment is 1 &g(2.jrited to friends an associates. When it is in the public interest for SUBRECIPIENT to conduct business with Page 10 of 17 EXHIBIT 3 a friend or associate of an executive or employee of SUBRECIPTENT, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the rovision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the ntetnber directly represents. F. Salary and 'Bonus Limitations. All Subrecipients of'WIDA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 7013. V11. 11O1.1) HARMLESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, 1i-oni and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save hannless CITY, its officers, agents and employees, from aid against any and all damages to property or injuries to or death of any person or persons, including property and employces or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VITT. INSURANCE 1. Commercial General Liability,: SUBRECIPIENT agrees to obtain and keep in force during the tern of this Agreement a policy of comprehensive commercial general liability insurance insuring the State of California, CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million Dollars (Sl,000,000.00) for any injury to or death of any person or persons in any single accident or occurrence, with $2.,000,000 in the aggregate coverage. Said policy of comprehensive general liability insurance shall be endorsed to provide to CITY and to the State of Calilbrnia. Employment Developmcnt Department at least thirU (30) days written notice prior to cancella(D";Citaamr.ITY, its officers, agents, employeeloai&4Slunteers, and the StaflYWU211fomia, its officers, employees, and volunteers as Additional Insured; and state that such coverage is primary to Pagc 11 of 17 EXHIBIT 3 any other coverage or self-insurance of the State of California and CITY (in substantially the form as Exhibit J , Additional Insured Endorsement, attached hereto). Governmental entities may substitute a certificate of self-insurance. 2. Automobile Liability Coverage. SUl3RECiPIENT shall also obtain and maintain, during the effective period of this Agreement, broad form automobile liability coverage with at least $1,000,000 limit unless reduced by CITY, which applies to both ownecUleased and non -owned automobiles used by SUBRECIPIINT employees or Participants in performance of this Agreement, or, in the event that CITY will not utilize such owned/leased automobiles but intends to rcgnire emloyees, Participants or other agents to utilize their own automobiles in the performance of this Agreement, SUBRECIPIENT shall secure and maintain on file from all such employees, Participants, or agents as self -certification of automobile insurance coverage. Governmental entities may substitute a certificate of self-insurance. 3. Workers' Compensation. If SUBRECIPIENT is an "employer", as set forth in California Labor Code Section 3300 et seq., or utilizes .Participants as "employees," as set forth in California Labor Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this Agreement full Workers' Compensation insurance coverage for injuries suffered by Participants. Said insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or modification. SUBRECIPIENT shall carry medical and accident insurance for those Participants not qualifying as "employees" for Worker's Compensation Coverage, pursuant to California Labor Code Section 3350, et seq. 4. E uipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in accordance with this Agreerent. Said insurance shall be in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-insurance. 5. Youth Protection. To maintain a safe environment, funded youth providers that serve youth under the age of 18 will need to provide a Youth Protection Policy and proof of Sexual Abuse & Molestation insurance coverage of art least $1,000,000. Youth providers will be held responsible for conducting a'backgrotnd clearance (live -scan) for staff that have direct interaction with youth Participants that are under the age of 18. 6. Proof of Insurance. Certificates and crrdorsement,, must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsements have been approved by CITY. Ix. CORPORATE STATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corhoraC�it+ a tmnaihspension shall be reported iuimediah$y4QdATY. 7/6/2021 Page 12 of 17 EXHIBIT 3 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SU'BRECIPIENT roust submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIEN'1' acknowledges and agrees that it must follow procurement regulations for SUBRECIPI'ENTs (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENTpursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or riot otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRL.CIPII:NT' will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreernent, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIEN'I' by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agrectnent acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. City Council 16 — 215 7/6/2021 Page 13 of 17 EXHIBIT 3 X111. FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreenie:nt. XIV. CONT'INGFNCl' OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBIZEC1131EN 1' shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRE CIPIEN'I' may not terminate this Agreement if undue bardship will result to any participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured 'before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility tinder this Agreert, or as a result of the termination thereof; including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently perfonmed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XV1. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shrill reduce its decision to writing and mail or otherwise famish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final diQi0Nsi(l ma61the appeal, SUBRFCPIFN'r shrill Ali in2tbordanec with CITY's7A5&'10 t'4 unless the dispute involves a change order. Page 14 of 17 EXHIBIT 3 WIT. BREACII - SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant fonds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Ageement or prior agreements; andlor (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SURRE,CIPIENT of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports kind correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Swita Ana, CA 92702 CLERK: Clerk of the City Council City of Santa Ana 20 Civic Center Playa (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRECIPIENT: Charitable Ventures of Orange County, dba Project Kinship 2215 N. Broadway Suite #2, Santa Ana, CA 92706 Phone: (714) 941-8009 Fax: (714) 94I-8015 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding Of the 1Qit*eEoa?h&e are no oral understandings of the1PartuQ Zr terms and conditioR66&21than as stated herein. Page 15 of 17 EXHIBIT 3 XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, au ri`iy anon Ft-0�ind-1P xexr respF tive parties to eachoof the terms oT tt s Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's trees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) City Council 16 — 218 7/6/2021 Page 16 of 17 EXHIBIT 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney I Ry: 7h �✓ Ryden O (lodge Assistant City Attorney RECOMMENDED FOR APPROVAL...: Steven A_ Mendoza Executive Director Community Development Agency "CITY" By: City Manager " SUBRECIPIENT BY: L`�1 Name Ted Kim Titic Chief Financial Officer Tax ID H: 20-9756660 City Council 16 — 219 7/6/2021 Page 17 of 17 EXHIBIT 3 yC.UIb:C'J 0. I'll. Workforce Innovation and Opportunities Act(WIOA) Y, Santa Ana Workforce Development Board: Youth Service Provider 1. Experience/Qualifications (1 page max) A. Briefly describe your organization. Project Kinship is a non-profit organization founded in 2014 and fiscally sponsored by Charitable Ventures of Orange County (CVOC). Project Kinship serves as a convener of community resources and advocate for the health, mental health, and wellbeing of the re-entry population. It promotes hope, encourages healthy decisions that lower recidivism, and offers rehabilitation services that promote healing. These goals are accomplished by providing access to supportive services, offering prevention, intervention, and treatment programming; and —aP}PTCfC&iFrrC-f0'r�-'ySie�-SYtilnGi r5i'D-flij7-iiie-3CiroO'�io�?5'19'Otl-iTuG�iiS�pYY30'�1=b�'arP.ei'plj7e�Yn� B. List the facility address. Please include major cross streets. It is located at 2215 N. Broadway #2 in Santa Ana (Cross Streets: Main and 17"' Street). C. Indicate hours of operation for facility. Hours of operation are Monday through Friday 8:30-5:30PM. D. Briefly indicate what makes your facility youth friendly and suitable for theprogram. Project Kinship incorporates traurna-Informed care into all programs to address the unique needs of those who have experienced violence in the home, neighborhoods, or correctional settings. This includes creating a trauma -informed office environment, intake rooms, and convening spaces to engage participants. Project Kinship also specializes in restorative justice programming to engage those at -risk for, involved in, or former members of gangs, and the formerly incarcerated. This leads to a neutral, safe place for all participants. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue The agency's annual operating budget is approximately $4.7 Million, including school district contracts, government grants, and foundation funding. Project Kinship is the lead Agency for the county's Proposition 47 re-entry services program and a new Special Populations provider for Orange County WIOA adult services; both will supplement the proposed services. 2. Brief description of staff There are 56 staff (6 administrative and 50 direct service/management) positions. 3. Past experience with WIOA programs or other youth programs Project Kinship has been a workforce development and educational services provider for four years through the WAGEES program and has had Restorative Practice Invention contracts with the Santa Ana Unified School District (six school sites) since 2014. it added Garden Grove Unified School District (three sites) In 2017 and Brea Unified School District (three sites) in 2018 4. What kind of impact has your organization made on the youth community? Project Kinship programs have specialized in serving youth participants since 2014, serving thousands of elementary school -aged to transitional -aged youth. Impacts include: increased educational success for in -school youth; re -enrollment for out -of -school youth; and preparation, obtainment, and retention of workforce development placements for all youth. City Council 16 — 220 7/6/2021 EXHIBIT 3 ytavl2cx Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider Plan {ISP) and Individual Career Plan (ICP) goals. For example, Project Kinship works closely with OCDE's charter and alternatives education school sites, such as ACCESS, College and Career Academy Charter School, and Learning for Life Charter School to re -enroll out -of -school youth. The agency also uses its Restorative Practice Interventionists (RPls) that are assigned within the SAUSD school sites to support the drop -out prevention process for in -school youth. Project Kinship works closely with the Social Services Agency and Juvenile Courts to support participants would are currently or previously experienced out -of -home placements, family reunification cases, or other juvenile court interventions. This includes accompanying �ra�iieipants icr-crlcniappoirrirr�elYcs-crirdrroratfng-witirassiyrrad-Casa-r�voihi���-m7d�crair3in�----. workshops or trainings regarding parenting, relationship building, anger management, etc. The majority of Project Kinship's participants will be classified as homeless according to the McKinney Vento Act definition that states children and youth who "have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings; are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings, are living in emergency or transitional shelters are living In motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason". SAUSD Family Liaison, who are assigned to work with McKinney Vento students also serve.asa great source of referral as Project Kinship prioritizes program spending toward Work Experience Wages, Supportive Services, and incentives to increase participants' likelihood of success. In addition, staff carefully plan and research resources to meet participants' needs prior to initiating a warm hand-off linkage. This extra effort and the assessment of a participant's reason and readiness for referral creates a strong interagency relationship with the warm hand- off recipient agency. This process ensures that both agencies clearly understand each other's eligibility requirements, target population, and intake process to ensure a quick and smooth transition for participants_ it also leads to reciprocal referrals to Project Kinship programs. Although all these referral sources are valuable, the greatest source of referrals is"word Of mouth" from current participants and prograrn alum. See the Participant Vignettes included in Section 18 for examples of how influential word-of-mouth referrals are at recruiting youth. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment C. See the Letter of Support from Taller San Jose and the College and Career Preparatory Academy Charter School who agree to refer youth to the proposed program in Attachment C. G. Describe your recruitment plait that Will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2020). Project Kinship will recruit two In -School Youth and eight Out -of -School Youth in both Quarter 1 and Quarter 2 in order to fulfill 100% enrollment by December 31, 2020. City Council 16 — 221 7/6/2021 EXHIBIT 3 y:+Ka�lc:crX, Workforce innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board. Youth Service Provider 2. Proposed Program (1 page max} A. Provide an overview of the program's main objectives. The proposed program will serve as a natural continuation of Project Kinship's workforce development and education programs, including Restorative Practices; job training and vocational support services; and case management services offered to transitional -aged youth with histories of gang and/or juvenile court involvement. The main objectives of -the Workforce Development Program are: 1) career planning, work readiness skill building, training, a+3u-aertifi atieAs } Joh d aetep en4-lute s re css�rnas�ayerres r; as rl pE&r hr&i1 X irg _3 education enrollment and retention; 4) civic opportunities and leadership development; and 5) incentives, training stipends, sliding scale wage programs, and other supportive services. Each of the aforementioned services will ensure in -school and out -of -school transitional -aged youth (16-24 years old) who live in Santa Ana have the opportunity to pursue their educational and career goals. Twenty participants will be served annually by activities in all 14 WIOA Elements. The proposed program will utilize three key staff to provide the outlined services. They are a (1.o FTE) Case Manager, a (0.20 FTE) Grants Manager, and a (0.20 FTE) Program Coordinator. Although the proposed program will have its own assigned personnel and intended outcomes, the team will be integrated with all other Project Kinship workforce development and education programs to leverage knowledge, expertise, resources, relationships, and innovative problem. solving. The proposed staff will be supported by a multidisciplinary team that includes: a Workforce Program Manager, Director of Operations, Accounting Manager, Bookkeeper, Operations Coordinator, and Controller, all of which will provide their services as in -kind to this grant budget. The Workforce Program Manager will provide direct supervision for the Case Manager and .lob Developer and oversee budget expenditures, ordering, and asset tracking for support services. The Director of Operations will oversee all ordering, invoicing, and contract development. The Bookkeeper will produce all monthly invoices and the Operations Coordinator will conduct all procurement and purchasing for the program. 'The Controller will oversee all fiscal policies and processes; invoicing and accounting activities; and lead any financial audit activities. Project Kinship is an award -winning agency in the areas of gang intervention, re-entry services, restorative practices, and trauma -informed care, which is a strength -based approach that emphasizes physical, psychological, and emotional safety that creates an environment where participants rebuild a sense of control and empowerment. During recruitment and hiring of staff, Project Kinship prioritizes candidates who are highly qualified, culturally competent, and bilingual is preferred. Beyond sharing the same language, it is important that Project Kinship prioritizes staff competent in the unique culture needs of individuals who have been involved in gangs; have histories with generational incarceration, homelessness, teen parenting, and other risk factors; and have experienced mental health issues such as post -traumatic stress, depression, co-occurring substance abuse/mental health disorders, anger management, and suicidal orhomicidal ideation, abuse; and victimization. Project Kinship values"lived experience" when recruiting newstaff, meaning those who have been impacted by these riskfactors, as well asthose who are passionate about working with thetarget population. Each of these values, principles, and standards of care will be incorporated into the proposed Workforce Development Prngrnn) City Council 16 — 222 7/6/2021 EXHIBIT 3 QT2Urt JAL'x Workforce Innovation and Opportunities Act{WIOA) ti ___„_, _ Santa Ana Workforce Development Board: Youth Service Provider 3. Population {2 pages max) A. Describe the total number of youth that will be served by this grant, The program will serve four In -school and 16 Out -of -School Youth {20 participants total). B. Describe the age range of the youth that will be served. In -school Youth will be 16-2.1 years old and Out -of -School Youth will be 16-24 Years old. u. vesr:rtbe miy-rrrirrirmrrrrregptrernetrts thai ycrufir-rrered�triravu-in�trd�r�r�oce-onrotfeti�rtia� —, your program (aside from the WIOA Youth eligibility requirements). Project Kinship will utilize the W1OA Youth eligibility requirements. The only additional Project Kinship requirement is that participants cannot have a history of any sexual offenses. D. Special consideration for organizations that can serve the following youth populations: Project Kinship serves high -risk, hard -to -reach populations with histories of gang - involvement, substance abuse, homelessness, juvenile court involvement, and/or school failure, with the goal of preventing, intervening, and addressing the barriers that lead to these destructive cycles. Through the proposed program, Project Kinship will serve a minimum of 80% of Out -of -School youth, a minimum of 10% of fosterlemancipated youth; at least 10% homeless youth; and more than 50% of the youth participants will be on probation or parole. The Santa Ana Police Department reports 3,194 documented gang members in the city, a third of which are in the 18-28-year-old age range, many of which will walk through Project Kinship's program doors. This target population has often experienced the devastating impacts of trauma, violence, family disruption, and high recidivism rates. Such challenges tend to create multiple barrier's to workplace and educational success. These challenges also further propel cycles of intergenerationai gang membership, incarceration, violence, and abuse. As a result, Project Kinship staff are recruited and trained to specialize in meeting these unique needs. E.Specify howthe targeted youth populations (out -of -school, youth with disabilities, foster/emancipated, probation, homeless) will be recruited. Project Kinship staff have years of experience working with the targeted population and high levels of expertise in building relationships with partner agencies to support the needs of participants. This includes works closely with referral agencies such as, District Attorney's Office; Public Defender's Office; local police departmerits; Juvenile Court; Probation Department, Sheriffs Department; Orange County Department of Education {OCDE); local school districts, and multiple community- and faith -based organizations serving the targeted Youth. These existing relationships and prior successes will be leveraged to support the outreach to and enrollment of participants throughout the City of Santa Ana. Project Kinship also works with Health Care Agency Crisis Evaluation and Guidance Unit (CEGU) Clinicians assigned within Juvenile Hall and probation officers assigned to the Probation Department's Great Escape Resource Center to identify transitional -aged youth that would be eligible for program enrollment. In addition to receiving referrals, the above partnerships facilitate warm hand-off linkages for part icipants.as they work toward their Individual Service City Council 16 — 223 7/6/2021 EXHIBIT 3 preo]�c^7ty�• Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider 4. Assessment (1 page max) A. Youth Service Providers are required to use the Test for Adult Basic Education (TABS) assessment tool, but may use other assessment tools upon approval. The proposed program will utilize the TARE tool with all participants to assess basic skills prior to enrollment (Pre) and monitor measurable gains each Quarter during enrollment(Post). B. Describe how your program will conduct assessments foryouth participants, elaborate on the type of assessment tools or surveys that will be used. Irs�dtSttiurrtrsirr�T7C8�—atfiparttctparrt�wl Pi-c2srrrp9eie�V�hrrk��a dhTe�veypr� enrollment and post -discharge, as well as a "My Next Move" career exploration online assessment within two weeks of enrollment. The results of both of these assessments will be used to identify skills, interests, and level of work readiness to inform the development of the Individual Career Plan (ICP). All participants will complete the Insight tool, which is a criminogenic needs assessment to determine the level of risk for recidivism and identify needs and barriers that may affect program performance. This tool is completed within 30-days post - enrollment to inform the Individual Service Plan (ISP) goals and case management needs. C. Describe knowledge of the barriers that youth encounter. One of the unique needs of the target youth population is trauma -informed services and service delivery. Research published by the Arnerican Sociological Association shows a strong correlation between trauma exposure, posttraumatic stress disorder (PTSD), and a history of incarceration and school failure. If left unaddressed, traurna can evolve into maladaptive behaviors due to the traumatized brain being on constant high alert, particularly in the lower regions, where survival Instincts originate These can include violence, depression, self -harm, high -risk sexual behavior, substance abuse, and many other safety and mental health related concerns such as difficulty problem -solving, goal setting, and performing in school or at work. Other major barriers for the target youth include being former foster youth, current or past gang involvement, homelessness, and struggles with substance abuse. They also struggle with limited transportation, income, family support, life skills, or professional skills; felony or criminal records and visible tattoos; and few positive role models, mentors, or relationships. D. Specify how your organization will address the barriers that youth encounter. To address these barriers, Project Kinship incorporates trauma -informed care into all programming. Services are based onrelational bonds, trust, and mutual respect. Project Kinship specializes in strategies that engage hard to reach, underserved communities including: Restorative Practices, intensive case management, and peer navigation. Staff meet participants "where they are at" (mentally, emotionally, intellectually, and physically) including providing_ evening and weekend meetings; phone and In -person interactions; and appointments offered in locations and attimes convenient to the participant. Project Kinship also offers a computer lab with scheduled and drop -in hours, volunteer tutors, onsite certification trainings, orientations for facilitators to prepare them for unique learning needs of youth, volunteers to help with expungements and charge reduction cases, prosocial activities; peer mentoring, mental health and substance. abuse counseling; and a gang neutral space for all activities. City Council 16 — 224 7/6/2021 EXHIBIT 3 pRcrusC^� .,x Workforce Innovation and Opportunities Act(WIOA} 9�. Santa Ana Workforce Development Board: Youth Service Provider 5. Paid & Unpaid Work Experience (3 pages max} A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as: The proposed program will include SumrnerEmployrnent, Internships, Job Shadowing, and On -the -Job Training opportunities. For Paid Employment, Project Kinship will research and build partnerships with felony -friendly employers and service providers. This includes educating employers on the benefits of hiring and the unique needs of youth who have experienced high feroefs�uf-ir-dmrr�l�-oj�ciifiirrs`crifrw'rii-cothaf�rate-ovizn-tfre-iis-c�arspvrrsar�irarr'rable Orange County County and sponsored projects to provide hands-on paid work experience (WEX) and job shadowing for participants in the areas of customer service, front office assistance, receptionist, health education and community engagement. Participants will also have the opportunity to be placed at Project Kinship to receive WEX in a trauma -informed setting and gain the necessary skills in areas of customer service, public speaking, administrative assistance, and general office training, front desk assistance, and receptionist. Also, participants will be eligible to receive WEX in the manufacturing and production of textiles, silk- screening, inventory, and conducting inventory and pricing of services and goods. Each participant will receive a stipend for attendance in WEX and training, refer to stipend policy. Throughout this process, the participant is being paid full wages and gaining valuable employment skills. The second form of paid employment is training stipends. These stipends will be issued by Project Kinship at the completion of a certificated training program, such as Silk Screening (60 hours) and Window Tinting (40 hours). Unpaid Work will include Internships, Job -Shadowing, and On -the -Job training opportunities. These placements may be with a potential employer or at the Project Kinship Office. Training areas include: office support, office maintenance, and customer service. Each paid and unpaid work experience opportunity will be. recruited for by the Job Developer based on participants' results from the Work Readiness Survey, Insight Tool, and My Next Move career exploration online assessment, all of which identify skills, interests, and level of work readiness. Recruitment will also be informed by participants' Individual Career Plan (ICP} goals related to education, training, and job placements. ICP action items may include job searches, career exploration, and identifying felony -friendly worksites. The Insight Tool is an evidence -based criminogenic needs assessment that identifies barriers that may affect program performance such as learning disabilities, difficulties socializing or functioning in a professional work environment, mental health issues, etc. This assessment will inform individual needs, strengths, and barriers regarding education, training, and employment. The results and personal interactions with participants will help ensure a good fit placement and identify any Supportive Services or case management needs that would support placement retention. The Individual Service Plan (ISP) and 1CPs will include action steps, realistic goals, and major milestones to measure progress while the participant is actively engaged in the Workforce Development Program. The plans will be dynarnic and reviewed on a periodic basis to assess for evolving needs of the participant. All changes will be documented in the participant's file, including the addition of new goals as initial goals are met. City Council 16 — 225 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider B. Special consideration will beg iven to organizations that can prepare youth for targeted in - demand industries as identified in the Orange County Regional Plan: Project Kinship offers an onsite training course and certification in Customer Service and Sales that serves as preparation for entry level positions in the Ilospftality/Trztertzrunenr indu_stY. _Past participants have been successfully placed at restaurants in Downtown Disney, Howard Johnson hotels, Angels Stadium, Starbucks, and In-N-Out Burgers. The proposed program will also partner with Taller San Jose to provide access to vocational training programs in tl7anu ar?irivag>, - v orrreaTiorr ec?rn�o,�Y. anticar e mniistrres. �>ho Cefte� ofi Support included in Section C. C. Special Consideration for agencies offering job training/preparation in the industries of: The proposed program will work closely with Taller San Jose, Santa Ana College, and Orange Coast College to prepare participants to enter the Enghreering indusoy, starting in the construction, electrical, and welding fields Each of these institutions specialize in entry level training and foundational knowledge that will prepare participants for promotion and ongoing learning. Project Kinship will also prepare participants to enter the Arts Industry through Its onsite Silk Screening Certificate program, which exposes youth to drawing and digital media production The agency also partners with the Give a Beat music program, which introduces participants to music production and digital recording. D. Special Consideration for organizations that offer work experience related to certificated programs offered at the postsecondary institutions. The proposed program will offer certificated programs that are independent of postsecondary institutions and in preparation for postsecondary certificated programs. There are four certification programs that will be offered through Project Kinship that do not require postsecondary enrollment. They are the Customer Service and Sales Certificate issued by the National Retail Federation, Forklift Certification issued through Al Forklift; Guard Card issued by OC Firearms, and the Silk Screening Certification issued through ASPA. Youth are also prepared to enroll in the Hope Builders construction program through Taller San Jose. For postsecondary certificate programs, participants are introduced to the Electrical and Welding certificate programs offered at Orange Coast College, E. List employers that will :assist in the paid and unpaid work experience opportunities. During the first 30 days following an award announcement, the Program Coordinator will begin to comply a list of and develop Memorandums of Understanding with employers that will assist in the paid and unpaid work experience opportunities. Since 2014, Project Kinship has led the charge in raising awareness and understanding about trauma, preventing mental illness from progressing, reducing risk factors, increasing protective factors, and preventing negative outcomes related to untreated mental illness, such as recidivism, school dropout, and unemployment. This includes researching felony -friendly employers; working with law enforcement, schools, and community partners to address City Council 16 — 226 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider educational and behavioral needs for individual participants; and educating employers on training methods and viable problem -solving strategies to increase workplace success. F. Include Letters of Commitment from employers as Attachment 1). There are not any current Letters of Commitments from employers to include in Attachment D. These letters will be secured following an award announcement. �: �Lutl®®—a copy ot�ho 9(�k >wxporionco policy as A�ftac>�E-k: ------ --------- See the Work Experience Policy for the proposed program in Attachment E. City Council 16 — 227 7/6/2021 EXHIBIT 3 ,,auMeT Workforce Innovation and Opportunities Act(WIOA) � Santa Ana Workforce Development Board: Youth Service Provider 6. Alternative Secondary School Services (3 pages max) A. Describe In detail the alternative secondary school services or dropout recovery services that will be made available for youth. The proposed program will refer out -of -school youth to a variety of different secondary school programs to complete their high school diploma. 'These include OCDE's Alternative Education Division (ACCESS), which has school sites throughout the county; the College and Career Academy Charter School, which has multiple satellite sites including adding a potential site aff�tecf�nsh p CSfflce; t>�arnrng for Cit�har erhool an�ffi� o an sago Community College District's Continuing Education Program that serves participants who are aged -out of the other high school aged options. The, school will serve youth up to 24 years old. Project Kinship has a contract with SAUSD to provide Restorative Practice Intervention services within six of the highest need school sites, Through this contract, Project Kinship assigns Restorative Practice Interventionists (RPIs) at each siteto support dropout prevention with youth at -risk for school suspension or expulsion. The RPIs also serve as liaisons with the school administration for dropout recovery with participants who have stopped attending school and are ready to re -enroll. B. D scribe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. The proposed program will utilize a variety of activities to lead youth to attain their secondary school diploma or equivalent. The first is conducting evidence -based assessments and providing focused tutoring services. Prior to enrollment, participants will take a 20-minute TABS Placement Test to indicate what level of the TABE Test they will need (i.e. Easy, Medium, Difficult). Then they will take the Pre -Assessment TABE Test at that level. This test will take between 45 minutes to one hour to complete. Youth who score 8.9 and below will be considered "basic skills deficient", will be enrolled in the program, and will receive focused tutoring to improve the literacy and numeracy areas where they struggled most. Practice TABE tests will be conducted throughout enrollment and official Post -Assessments will be taken at least Quarterly. Tutoring will also include: individual and group -based homework assistance, access to a computer lab to complete assignments and conduct research, and peer support that encourages engagement and inspires participants that personal success is obtainable. All participants will meet with the Case Manager to complete the Insight tool, which is an evidence -based criminogenic needs assessment to determine the level of riskfor recidivism. It is a paper and pencil tool that also identifies needs and barriers that may affect program performance such as learning disabilities, difficulties socializing or functioning in a professional work environment, mental health issues, etc. This assessment will be conducted within 30 days post -enrollment and used to inform ISP goals based on individual needs, strengths, and barriers regarding education and employment. It is also used to identifycase management needs. The ISP and Tutoring Plan will both include action steps, realistic goals, and major milestones to measure progress while the participant is actively participating in the Workforce Development Program. The plans will be dynamic and reviewed on a periodic City Council 16 — 228 7/6/2021 EXHIBIT 3 pgo»r cp Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider basis to assess for evolving needs of the participant. All changes will be documented in the participant's file, including the addition of new goals as initial goals are met. These plans are individualized and informed by evidence -based assessments, which allows interventions to be highly focused and effective at producing measurable gains. Areas of strengths and barriers will be shared with stakeholders, such as teachers, counselors, tutors, employers, and peer mentors to create a wrap -around support network for the participant, all of which will increase their potential for obtaining their high school diploma or equivalent, — C. fipee'ra'�easrse,�,2r;�arrfor-aysreias-tire': � �-r-diYifrve�rpravcrrri4trrr-rn-riru�i7et'tsvar� services. Since 2014, Project Kinship has been working closely with SAUSD to provide contracted Restorative Practice Intervention services. Project Kinship has staff current assigned to six of the highest need schools in the district, which includes Valley High School, Century High School, and REACH Academy Continuation School. Through this contract, RPls are able to build relationships with school administration and students to support dropout prevention with those at -risk for school suspension or expulsion. These interventions include: one-on-one counseling; family mediation, aiding with transcript reviews, serving on School Climate Committees and Restorative Practice Taskforces; providing Supportive Services; facilitating six different curriculums ranging from a trauma -informed Arts and Healing course to Gang and Substance Use Invention; and serving as liaisons with the school administration for dropout recovery for participants ready to re -enroll. Research published bythe American Sociological Association shows a strong correlation between trauma exposure, posttraumatic stress disorder (PTSD), and history of incarceration and school failure' If left unaddressed, trauma can evolve into maladaptive behaviors due to the traumatized brain being on constant high alert, particularly in the lower regions, where survival instincts originate, These can include violence, depression, self -harm, high -risk sexual behavior, substance abuse, and many other safety and mental health related concerns. Lower brain over -activity can inhibit a victim's ability to perform high cognitive functions. For example, those who are stressed may have difficulty problem -solving, goal setting, and performing in school or at work. Many who have been exposed to violence never receive help in recovering from the trauma caused by their life experiences. They often find it difficult to regain a sense of safety or heal their social and emotional wounds. Trauma and victimization during childhood can also undermine the developmental process related to learning, social emotional health, and behavior towards others. Trauma -exposed youth who become involved in high -risk behaviors for the purpose of self-protection can lead to long lasting, adverse consequences such as limited education, low skill levels, and employment challenges, all of which initiate a cycle of recidivism. By providing trauma -informed services, it supports the recovery process, especially for those who have difficulty verbalizing or processing their experienced trauma . ' The Relationship. between'rraurni, Arrant, and Incarceration FUstory among ©lack Americans Hndings from the N9tional Survey orAmerican L1e- Lena J. Jaggf, Brialta Menik. Daphne C_ Watkine, J9me3 S. Jad6orl _ 2018_ City Council 16 — 229 7/6/2021 EXHIBIT 3 p1aVl++.C'] Workforce Innovation and Opportunities Act(WIOA) Santa Ana Workforce Development Board: Youth Service Provider In 2012, the Attorney General's Task Force on Children's Exposed to Violence reported that about two out of three children have been exposed to some type of violence. This rate is even higher within the target population. many of which have experienced multiple forms of victimization, referred to as poly -victimization. Those who have been poly -victimized show an increased risk for aggressive and destructive behavior, when compared to their counterparts who have not been poly -victimized, even when cc trolling for age, gender, andethnicity. The loss of a parent or child to Incarceration strains family dynamics and challenges the maintenance of healthy family systems. Interrupted or unstable income and a high number of -- minimum wage-earning a-d—uls leiac s to mulRpIp efa—mites wif-chitdren ilw—ng in over-Cromrded -- homes, apartments, garages, and shelters. Youth often spend more time in the streets where gang membership is encouraged for acceptance and protection. These unhealthy relationships can ultimately result in experiencing violence, incarceration, and a continuing cycle of community unrest. Within the correctional system, survival depends on using skills learned on the streets, including manipulation, intimidation, and victimization. Offenders return to the community with more sophisticated traumas and fewer coping skills to navigate the complex systems necessary for re-entry. For all of the above reasons, having staff who specialize in trauma -informed care, restorative practices, and are culturally competent in the obstacles faced by participants will allow service to be custom -designed to meet their unique needs. All of which will lead to dropout prevention, dropout recovery, and successful educational options City Council 16 — 230 7/6/2021 EXHIBIT 3 + Workforce Innovation and Opportunities Act (WIOA) R 'uVry{y �Ru Santa Ana Workforce Development Board: Youth Service Provider 7. Preparation for Postsecondary Education and Training (3 pages max) A. Special consideration for organizations that offer preparation for postsecondary education and training In in -demand industries. The purpose of the proposed program is to prepare participants for employment; increase employment rates of the formerly incarcerated, decrease their recidivism rates; increase their rate of attaining a high school diploma and industry -recognized credentials; and increase their rate of entering post -secondary education and training. To achieve these objectives, the Case Manager and Job Developer will offer certification courses that can be used in any to plate; Fnaviaua a—nd—group training sessions to guide participants in resume building, submitting job applications, researching career paths; practicing interviewing skills, Driver's License test questions, and ESLconversation skills. Each of thesework readiness skills will supplement postsecondary education as participants prepare for In -demand industries. The proposed program will also partner with the following local colleges to provide participants with adequate preparation for enrollment in postsecondary education programs: Santa Ana College to provide FAFSA workshops, campus tours, enrollment assistance, and an academic counseling course for first generation college students Orange Coast College to provide tours of their technology department, home to their electrical, welding, framing, construction, CNC machinery,.and woodworking programs Santiago Canyon College to provide site tours of their agriculture department Fullerton College to provide FAFSA workshops, campus tours, and enrollment assistance 8. Special consideration for organizations that collaborate or partner with postsecondary institutions to enroll youth in career pathways that lead to an in -demand occupation. The proposed program will partner with'iailer San Jose's Hope Builders Program so that participants are able to prepare for and enroll in their paid construction program, which leads to various careers in the Engineering industry, Through this partnership, Project Kinship provides the case management, supportive services, and mentoring to participants to prepare them for success once enrolled in the Hope Builders Program. See the Letter of Support from Taller San Jose included in SectionC. Staff will also work closely with Or Coast College to enroll participants in their electrical, welding, framing, construction, CNC machinery, and woodworking programs which lead to careers in Engineering and Manufacturing industries. C. How will your program make available and/or develop a career pathway for youth that can prepare them to obtain a career or occupation that provides livable wages? Please elaborate on the specific pathway(s). The Job Developer will workwith participants on completing the My Next Move career exploration online assessment as part of their ICP. "this assessment will gauge their career readiness, potential career pathways that match their skills and interests, as well as expose participants to careers in similar fields and the minimum qualifications for each. The Job Developer will also guide youth in research about the skills and education needed for entry level positions and advanced positions alongthe career pathway ladder." City Council 16 — 231 7/6/2021 EXHIBIT 3 pjc"JA-.�'rrr WWorkforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider D. Describe how the program will prepare youth for postsecondary education and training. The proposed program will utilize workshops (see Section 10 and 18 for more details on types of workshops offered at Project Kinship); onsite tutoring; online research through the computer lab; work with school counselors on transcript reviews; and collaborate with family and guardians to engagement them in the enrollment process to support participants. E. How will your organization expose youth to the various postsecondary educational institutions colleges, universities, vocational training schoolsprenticeships, etc. To increase participants exposure to postsecondary educational institutions, the Workforce Development Program will offer campus site tours, reach out to department chairs or counselors to provide presentations on the vocational programs available, coordinate workplace fieldtrips with potential employers, and assist youth in conducting online research of different career pathways and educational programs to support skill building in that Industry. F. Describe the certificates youth will be able to earn within 1 year after exit. In addition to earning a high school diploma, participants will be able to earn the following industry recognized certificates within one year after exit: CustornerService andSales Certificate issued bythe National Retail Federation. Training is conducted by Project Kinship trainers. Certificate is earned by online certification. Guard Card issued through OC Firearms. Participants must complete a background check and online training to complete the process. Forklift Certificate issued by At Forklift. There is a Memorandum of Understanding in place between Project Kinship and Al Forklift for participants to partake in this training. Silk Screening Certificate issued by ASPA through an online certification process. Sixty hours of instruction and hands-on practice are conducted onsite at Project Kinship G. Include data and research that supports the industries or pathways listed above. The following is industry data research for the pathways listed above: Welding Wages & Employment Trends. Median wages (2017), employment (2016), and industry (2016) data collected from Welders, Cutters, Solderers, and Brazers indicate median wages are $19.35 hourly or $40,240 annual, with 405,000 employees and an average projected growth (2016-2026) of 5% to 9%, equating to 45.800 projected job openings (2016-2026) within the manufacturing and construction industries. Customer Service Wages & Employment Trends. Median wages (2017) are $15.81 hourly or $32,890 annual; with 2,785,000 employees (2016),and an average projected growth (2016- 2026) of 5% to 9%, equating to 373,500 projected job openings (2016-2026) within the Finance and Insurance, as well as Administrative and Support Services industries. Electrician Wages & Employment Trends: Median wages (2017) are $26.01 hourly or $54,110 annual; with 667,000 employees (2016) and an average projected growth (2016- 2026) of 5% to 9%, equating to 82,000 projected job openings (2016-2026) within the Construction industry. H. Include Letters of Intent from training agencies as Attachment F. See the Letters of Intent from training agencies located in Attachment F. City Council 16 — 232 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) G<pfi 44 Vefv Santa Ana Workforce Development Board: Youth Service Provider S. Tutoring (1 page max) 1. Describe in detail the tutoring resources thatwill be provided to youth through your program or in partnership with local resources. The proposed program will utilize the Test for Adult Basic Education (TAKE) with all participants to assess their literacy and numeracy skills pre and post enrollment. Youth who score 8.9 or below will be considered "basic skills deficient' and eligible for enrollment. All participants will have a Tutoring Plan informed by their performance on the Pre - Assessment TABS taken prior to enrollment. Throughout the program, participants will receive focused tutoring to improve the literacy and numeracy skills. Areas where they exhibited the greatest deficiency will serve as the highest priority for tutoring activities. Volunteers frorn the University of California, Irvine come to the Project Kinship Office three times a week to provide tutoring with participants. During tutoring times, volunteers support participants with: one-on-one homework assistance. focused practice in TABE test areas of difficulty: computer lab tutorials; completing online documents such as job applications, resumes, and career -focused research, group collaboration with peers on homework or projects: and low -risk social activities to practice conversation and comprehension for English as a Second Language Learners. Project Kinship provides a designated space and time for tutoring and homework assistance for participants, something often not available to them at home. The program also offers drop in tutoring hours for those who are currently working, in school, parenting, or have other time commitment restraints. These flexible options, as well as the opportunity to take practice TABE test throughout the Quarter, allow participants to build their test taking confidence and basic literacy and numeracy skills. Each intervention will led to measurable gains when participants complete the official Post-Assessrrient (TABE retest) each Quarter. City Council 16 — 233 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) mi— Santa Ana Workforce Development Board: Youth Service Provider 9. Mentoring (1 page max) J. Specify how your organization will provide mentoring to youth. Project Kinship specializes in building strong mentoring relationships with participants by utilizing professional mentors, as well as Peer Navigators with "lived experience". Each participant benefits from one-on-one interactions with staff, case team meetings with multiple staff, peer -to -peer groups, and social events such as handball and softball tournaments that build social -emotional skills and positive friendships. Project Kinship also hosts multiple —v torn ers vvtro wofr witFrpartlLtpattisiY dtfleierit Eapacit includl`ng t�onng, ge a ai —and— facilitating K. Specify what types of support your agency will offer youth facing: family dysfunction, mental health issues, homelessness, low self-esteem, gang issues, parenting issues, etc, Project Kinship hosts weekly Restorative Circles to build a sense of community. These circles create a safe space to allow participants, staff, and other stake holders (i.e. family members, administration). These trauma -informed circles allow participants to assess environmental, family, and peer -related challenges that can be addressed and supported bythe group. Workforce Development participants are encouraged to participate in the Restorative Circles and even serve as mentors to those who are newer to Project Kinship services. In addition to Restorative Circles, volunteers from the University of California, Irvine and the Law Center work with participants on expungement and reduction cases. Women's Transitional Living Center volunteers provide self-esteem workshops. Project Kinship hasthree staff certified to lead Parents on a Mission parenting classes for participants and their families. Workforce Development staff serve as court advocates by attending court appointments. Staff also accompany participants to OMV appointments; Social Services, Probation, and Parolecase meetings; and provide system navigation for housing, school enrollment, and disability benefits. L. Will your organization offer mental health services or referrals to mental health agencies? Project Kinship does offer onsite mental health services, with a Clinician who has been providing counseling services for Workforce Development Program youth for the past three years. Participants from the proposed program in need of mild to moderate mental health support will be referred to the onsite Clinician. Any participants with chronic and severe mental health needs will be referred to a partner organization that is best suited to meet these needs M. Describe how your organ ization will provide or refer youth to comprehensive guidance and/or counseling for drug and alcohol. Project Kinship has an onsite Certified Alcohol and Drug Counselor (CADC) who is able to provide substance use assessments, develop relapse prevention plans, facilitate drug and alcohol counseling, lead Alcohol Anonymous and Narcotics Anonymous groups, and conduct substance abuse prevention courses. Project Kinship Peer Navigators with "lived experience" in recovery also serve as mentors to participants with histories of substance use. Those with mild to moderate substance abuse needs will be referred to the onsite CADC. Those with chronic to severe or detox needs will be linked to residential treatment and/or detox facilities such as Stanton Detox, The Rock Center in the City of Anaheim, or Woodglen in the City of Fullerton. City Council 16 — 234 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) .11: nKCU x Canto L1na 1Afnr4fnrrn R..n,•rlv.,, ,fN 10. Workshops (2 pages max) N. provide Information about the following workshops and how or when the workshops will be provided to youth in the program: Workshops will bepresented in 1 102-hour segments and made available to all program participants. The Case Manager will create an ISP with each participant and identify workshops from the monthly calendar of events that will enhance their individual skills and support their p725grSs t6n fo ar �t etc pertocmance goals. The folowing are worms i�f a� be offered by Project Kinship for program participants: Financial Literacy/Budget Management: Project Kinship will offer a series of workshops on personal financial management skills, including topics such as budgeting, banking, savings, credit, loans, identity theft, and vehicle purchase. 2. Entrepreneur Skills Training: This workshop will focus an the key elements of a business plan, including value proposition and innovation, market identification, competitive strategy, and financial value creation. Participants will gain insight on how to create their own business plan and how to prepare a pitch to potential investors. 3. Labor Market Information: In this interactive workshop, facilitators will demonstrate several online tools that will give participants up-to-date labor market information and data. These tools offer valuable insight into wage, industry, and hiring trends. Participants will also learn internet navigation and content consumption skills. 4. Family Planning: Participants will participate in varies workshops covering topics such as healthy relationships, setting boundaries, reproductive planning, Sexual Transmitted Infections prevention, birth control options, and parenting skills. 5. Worker's Rights/Labor Laws: Participants will learn about current labor law, worker's rights, the appropriate agencies to file complaints orgrievances with, as well as worker's civil and constitutional rights. 6. Analytical Skills at the Workplace: Participants will learn basic analytical skills for the workplace such as problem -solving and communicating by focusing on the most critical information, involving the right people, and code -switching based on the audience. 7. Health Resources: Participants will learn of local resources that promote a healthier life style. Participants will also be able to enroll in Medi-Cal and the SNAP Mood program onsite at Project Kinship, as well as learn how to obtain low-cost health care coverage. City Council 16 — 235 7/6/2021 EXHIBIT 3 yrkaM:vlc:�•r 1 Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider 8 Professional Communication Skills: Participants will learn to recognize unconscious communication habits and build skills that will help them succeed in every situation, from the breakroorn to the boardroom. Participants will learn to identify, understand, and work with people's diverse communication styles. 9. Navigating the Workplace: Participants will gain insights on the employer's outlook that not only help them malntain employment, brit also re are them for promotion. This workshop will review workplace expectations, generational differences at work, and dealing with conflict in the workplace. City Council 16 — 236 7/6/2021 EXHIBIT 3 err Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider 11. Civic Engagement or Leadership Development (2 pages max) A. Can your organization offera civic engagement opportunity orleadership development opportunity for W1OA youth, if so, please describe? Through the proposed program, Workforce Development Program participants will have multiple opportunities to build their civic engagement and leadership skills. The first is attendance at the Californla Workforce Association (CWA) Conference. Program staff and will both participate in the annual conference as part of this In addition to the CWA Conference, Project Kinship has hosted an Annual Public Safety and Re-entry Conference for private and public service providers since 2014. Participants include: leaders from SAUSD, Orange County (OC) Sheriffs Department; OC Probation Department; OC Health Care Agency, and the City of Santa Ana. During the conference, participants gain knowledge about best practices and how to help prevent the re-entry population from slipping through the gaps in the systems. The conference also offers a forum for identifying opportunities for partnership and alignment between entities that serve the formally incarcerated throughout the county and Southern California Region. Workshop themes include how to Incorporate restorative justice -focused and trauma -informed practices Into programming, as well as coordinating service delivery for hard to reach participants. Workforce Development Program participants will be invited to participate in the Annual Conference as. attendees, panelists, and support workers to build their civic engagement and leadership skills. In addition to the annual conference, Project Kinship offers multiple trainings during the year on Gang Intervention, Health and Wellness, Trauma -Informed Care, and Restorative Justice. Through these trainings, participants with 'lived experience" are trained on how to advocate for systern change and share their testimonies to educate others on trauma and transformation. Finally, Project Kinship convenes the Capacity Building Network of Re-entry Provider Coalition, which engages the Orange County Chief of Probation, Presiding Juvenile Justice Judge, Chiefs of Police of several cities, and community leaders in strategic planning to address issues of community violence and challenges to re-entry. Participants are often invited to speak during site visits or meetings, which builds their public speaking and leadership skills. Project Kinship also hosts weekly Restorative Circles to support those who are In conflict, to build rapport with participants, and to build a sense of community. These circles create a safe space to allow participants, staff, and other stake holdersto connect and establish a sense of kinship that results in accountability, healing, and transformation. It is a culturally sensitive approach that identifies core factors that lead to negative choices. Exploring these factors through a trauma -informed lens, it helps to assess environmental, family, and negative peer -related challenges that can be addressed by participants and supported by the group. Workforce Development Program participants are encouraged to participate in the Restorative Circles and even serve as mentors to those who are newer to Project Kinship services. Finally, Project Kinship partners with the University of California, Irvine (UCI) Law School and the University of Southern California (USC) School of Social Work to have staff and participants present to students enrolled in the District Attorney, Public Defender, and Social Work education programs. Through these partnerships, UCI students volunteer at the Project Kinship Office to provide legal clinics with participants to work toward record expungernent and City Council 16 — 237 7/6/2021 EXHIBIT 3 pw3 jx -'u Workforce Innovation and Opportunities Act (WIOA) M-='L Santa Ana Workforce Development Board: Youth Service Provider charge reduction. These volunteers also serve as mentors to participants and engage them in policy campaigns aimed atjustice reform regarding legal loop holes. Each of these interactions build leadership skills, civic engagement, and professional networks for participants. B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity. Three participants will attend the California Workforce Association Annual Conference. All twenty participants will have the opportunity to participate in policy advocacy eaenpaigns_� and presentations, Other leadership opportunities include attending the Annual Re. -entry Conference hosted by Project Kinship, serving as program ambassadors to recruit and mentor new enrollees, and participating in leadership development workshops offered by Project Kinship and its community partners. City Council 16 — 238 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider 12. Supportive Services (1 page max) O. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc.? If so, please describe. All program participants will be eligible to receive Supportive Services throughout their participation in the proposed program, including during follow-up. All Supportive services funding issued to participants will be directly connected to their individual ISP and ICP goals. Funding related to ISP goals may include: driver's education fees, college textbooks, gas cards, arrd�rts-pa3ses: Srrppo-ritv�eTvtc�fafsd�g—to i ee il.`F goals may inc u e: pro essional clothing, uniforms, and trade tools (i.e. work boots for construction) necessary for employment success. All support will be linked to program outcome achievement and filed alongside supporting documentation in the participant's case file. Project Kinship believes is working with the "whole client", meaning unless root needs and causes are addressed, then reaching a target goal may not be sustainable outcome. To work with youth who have experienced trauma in their lives, it takes a specialized form of supportive services to break the cycle of recidivism. Project Kinship focuses its efforts on building strong support groups, providing pathways to education and employment, increasing work readiness, and removing the barriers to long-term success. The proposed program will allow participants to drive their ISP and ICP goals, with the guidance of Workforce Development Prograrn staff. Project Kinship has three levels of intervention: which include universal, individual, and intensive. At the universal level, community and outreach services provide social and emotional support to individuals through education, case management, resource delivery, navigation, and community outreach. These services strengthen the support network within the community_ At the individual level, all Project Kinship programs have components for identifying social and emotional risk factors experienced by participants andfamiliesthat necessitate additional supports for success. These exchanges may include workshops focused on conflict resolution, trust building, accountability, relationship repair, and other social -emotional skill building to increase employability and workplace success. Finally, at the intensive level, Project Kinship uses a multidisciplinaryteam, range of services, and more intensive treatment approach. The Workforce Development Program will utilize all three of the above levels of intensive case management The Workforce Development Program will also provide wrap -around supportive services to remove barriers to participants' success, such as legal clinics, support and recovery groups, and opportunities to perform volunteer work to rneet community service hours. Participants at all stages of program participation, including follow-up, are eligible to participate in and benefit from all of the aforementioned supportive services_ P. Include the Supportive Service Policy as Attachment G. See the Supportive Service Policy for the proposed program in Attachment G. City Council 16 — 239 7/6/2021 EXHIBIT 3 ■ Workforce Innovation and Opportunities Act (WIOA) nn oc cncm,w Santa Ana Workforce Development Board: Youth Service Provider 13. Incentives (1 page max) A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals? If so, pleasedescribe, The proposed program will be utilizing incentives to acknowledge participants as they reach specific program benchmarks. These benchmarks include: 1) obtaining employment 2) retaining employment 3) enrolling in education 4) retaining education (i.e. enrolling in second semester: passing semester grades) 5) earning an industry recognized certification 6) obtaining a Driver's License 7) completing the 5-week Work Readiness curriculum 8) being discharged from Probation or Parole The purpose of the incentives is to encourage youth to participate in activities throughout program duration, including the 12-month post --exit follow -up period. Although benchmarks 6-8 are no directly related to employment and education, without achieving these benchmarks, participants will often struggle to obtain and retain employment and education or to sustain long-term progress in either area. They are also often a sign of readiness to change and a demonstration of the participant's level of commitment to their individual success_ A large percentage of participants do not have a Driver's License or stable mailing address at time of enrollment. By supporting participants in achieving these fundamental benchmarks, it is an esteem boast as they work toward applying for jobs, enrolling in school, planning transportation to and from both, and feeling confident in their personal stability and professionalism to compete alongside their same age peers who may not have the same struggles to contend with. All incentives will be in the form of a $50 VISA gift card. Participants are eligible for and encouraged to earn multiple incentives. On average, participants will earn $250 in incentives throughout their participation. All incentives will be tied to training and education, work readiness skills, and/or occupational skills attainment goal as identified in their ISP and/or ICP. All incentives will be documented in the participant's case file and accompanied by supporting documentation of the achievement. B. Include the Incentive Policy as Attachment H. See the Incentive Policy for the proposed program in Attachment li. City Council 16 — 240 7/6/2021 EXHIBIT 3 t7FZII) .:Crj. Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider 14. Follow -Up Services (3 pages max) A. Elaborate on the types of services that will be provided to youth during each quarter during the 12-month follow-up period. Follow-up services will include all of the same services available to participants during enrollment with one exception, exited youth will not be eligible to receive paid wages or stipends. Exited youth will still be able to benefit from work readiness workshops; support services, incentives; job shadowing, internships, andtraining; intensive case management; and regdbT8rfl]5-Wi o iinffies tKroughout the st--�d-3rd, ancl 4tFi-Uuar of rs al�ezit: — -- See Section 18-Additional Documents for a sample of the Workforce Activities Calendar for examples of Workforce Readiness Workshops. Supportive Services include! transportation support (i.e. bus passes, gas cards); uniforms, work tools; professional clothing; and driver's educationfees. Incentives can be earned at 8 specific program benchmarks like: obtaining employment; retaining employment; enrolling in education; retaining education; earning a credential; obtaining a Driver's License; completing a 6-week Work Readiness series; and being discharged from Probation or Parole. More details are found in Section 13. Job Shadowing, lnternships, and Training are opportunities for participants to continue to build their work readiness skills and employability. Intensive Case Management will be conducted through weekly interactions with participants through the follow-up period, including In person appointments, phone contact, home visits, worksite visits, and year-round workshops. Participants are encouraged to participate in Civic and Leadership Opportunities Including: conferences, participating in advocacy campaigns, and peer mentoring. S. Describe how your organization will provide case management, job retention services, mentoring, and ensure the participants attains their goals. The proposed program will utilize two key staff positions to ensure participants attain their goals throughout the program, especially duringthe follow-up period. The Case Manager will provide the intensive case management for all participants, including the monitoring of their ISP, conducting the TARE Assessments, supporting enrollment, and facilitating re - enrollment in education. Project Kinship follows a Socio-Ecological understanding of individuals within a community within society as a whole. It is understood that as needs are met, others arise, which makes ongoing follow-up essential to maintaining success. The Case Manager will collaborate on cases, advocate for, and continuously support the physical, mental, emotional, and social needs of participants throughout the program, including follow-up. Intensive case management services will help participants to understand the resources available and howto access them. The agency has a "no wrong door" approach, which allows participants to engage with staff through different programs within the agency and be seamlessly navigated into programs that fit their needs. Staff uses a multidisciplinary approach to increase the participant's support network and to foster positive relationships with advocates in the community. All participants are engaged in one-on-one sessions to develop their ISP and ICP. To ensure success, participants and staff set and reviewgoals on an ongoing City Council 16 — 241 7/6/2021 EXHIBIT 3 tTtpRu/ ,:t T i Workforce Innovation and Opportunities Act (WIOA) n 4,%CAi9tY� Santa Ana Workforce Development Board: Youth Service Provider basis. In addition, staff link and transition participants to needed services that are beyond Project Kinship's expertise or capacity to provide In these cases, staff assist the participant in navigating through different systems such as: Probation, Parole, and the court system; severe and chronic mental health or psychotropic medication needs; medical needs; educational services and enrollment; housing placements; and employment placements. Staffwork side by side with the participant to ensure needs are met. The Job Developer will provide all workforce development services for participants, includinG:u ddaatinglCPswithparticipants,conductin_tq the Post -Exit Work Readiness Survey and readmitting the My Next Move career exploration assessment when necessary; facilitating work readiness workshops; coordinating with certification trainers, developing job shadowing and internship opportunities, and conducting work site visits. Both positions will request supportive services funds and issue incentives for benchmarks tied to participants' ISP and ICP goals. The Job Developer will work with service providers to provide training and insight on how to workwith participants using a trauma -informed approach. Project Kinship has emerged as a beacon of hope for high -risk, gang- and justice -involved participants and their families. Over the years, agency staff have built partnerships with service providers and employers who are felony friendly and appropriate for youth with histories of justice system involvement. These partnerships lead to "warm handoffs" and transitional support to link participants with housing, leg I aid, and paid vocational skills training. Some of these referral agencies include: r Taller San Jose Hope Builders Program for paid vocational training Al• Forklift and OC Firearms for specialized emplovment certification services • Orange County Public Defender's Office and UCI Law Center for legal aidservices ■ OCDE-ACCESS; College and Career Preparatory Academy Charter School; Learning for Life Charter School: and Centennial Education Center for educational services • Horneboy Industries in Los Angeles for tattoo removalservices Interactions will take place in person (in the office and/or in the field); by phone; or during case rneetings/appointments on behalf of the participant to monitor progress toward ISP goals and ICP benchmarks. Throughoutthese interactions, staff and participants build a professional relationship, problem -solve, goal set/monitor, build self-sufficiency, and incorporate personalized support to obtain and retain their levels ofattainment. C. Describe how your organization will ensure thatyouth meetthe Performance Indicators during the follow-up period. To maintain the relationship built between staff and participant during program enrollment, the Case Manager and/or Job Developer will increase the frequency of interaction with participants during the follow-up period. This increased interaction will be in the form of:. 1) Worksite visits; Work Readiness Assessment Tool completed by employers, and Employee Satisfaction Survey completed by participants to monitor the success of tinsubsidized employment placements. 2) Advocacy campaigns and relationship building with potential employers that lead to job shadowing, internships, and training opportunities for participants. City Council 16 — 242 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider 3) Offering onsite workforce development workshops and certificate programs for participants to increase their employability and work readiness skills. 4) Offering onsite tutoring that leads to measurable skill gains and education retention. 5) Providing incentives and supportive service funds to ensure youth success. 6) Providing leadership opportunities by including participants in conferences, policy campaigns, and peer mentoring relationships with newenrollees Each of the above interactions will help exited participants remain engagement in servieesanu�nrreted �o-r^reject;4,Yrsi�ip-sia`f-�otu�rteersarrd-�nevo ��irraarh_ D. Describe if your organization will provide youth with incentives or supportive services during follow-up to assist with youth retention. The proposed program will utilize both incentives and supportive services during the follow-up period to help participant continue to obtain and retain their levels of achievement. Participants will be eligible to earn any of the eight incentives listed in Section 13. All incentives will be tied to training and education, work readiness skills, and/or occupational skills attainment goal as identified in their ISP and/or ICP. They will be issued in $50 VISA gift cards. All incentives and supporting documentation will be included in the participant's casefile. Participants will also he eligible to receive supportive service funding during their follow-up period, These would include: bus passes, gas cards, and participant specific needs such as uniforms, tools, textbooks, driver's education classes, clothing, etc. On average, participants will receive $160 in supportive services during the follow-up period, as compared to an average of $350 per youth during program enrollment. E. How often will the youth be engaged or receive service during the follow-up period. Participants tend to require more frequent contact when they are in the follow-up period. For this reason, the Case Manager and/or Job Developer will increase the frequency of engagement with participants from twice a month during program enrollment to once a week during the follow-up period. This frequency of interaction helps participants feel connected and valued, all of which supports their personal success and confidence in serving as a mentor to others that are just beginning their individual journeys. City Council 16 — 243 7/6/2021 EXHIBIT 3 y�Rcpras.C'] Workforce Innovation and Opportunities Act (WIOA) tir. CPvn (v _ Santa Ana Workforce Development Board: Youth Service Provider 15. WIOA Performance Indicators (3 pages max) A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: The proposed program will follow the performance indicators percentages specified in the Request for Proposal in each of the following area. 1. Percent ofpartici antswhoareine_ducationortrainingorunsubsidizedemplloement during the 2nd quarter after exit. Of the 20 participants that will be enrolled in the program, 66% will be in education or training or unsubsidized employment during the 2"' Quarter after exit. This equates to a minimum of 14 participants. 2. Percent of participants who are in education ortraming orunsubsidized employment during the 4th quarter after exit. Of the 14 participants meeting Performance Indicator 41, 64% will remain in education or training or unsubsidized employment during the 4"' Quarter after exit. This would equate to a minimum of 9 participants meeting Performance Indicator#2. 3. Document the median earnings of participants inunsubsidizedemployment during the 2nd quarter after exit. The proposed program will utilize the current California Minimum Wage of $12 per hour as the baseline for Performance Indicator #3_ During the 2Id Quarter after exit, 50% of the participants who are in unsubsidized employment will be earning above minimum wage. 4, Percen It of participants who obtain recognized postsecondary credential orsecondary diploma during participation or within 1 year after exit. During participation and within one year after exit, 54% of participants will obtain a recognized postsecondary credential or secondary diploma. With a total of 20 participants enrolled in the prograrn, 54% would equate to a minimum of 11 participants. In addition to a high school diploma, participants will be ableto earn a Customer Service and Sales Certificate; Guard Card, Forklift Certificate, or Silk Screening Certificateto meet Performance Indicator #4. 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. Of the participants who are in education or training during the program, 85% will achieve measurable skills gains. Skills gainswill be measured utilizing theTABE assessment. All participants will complete the TABS assessment prior to enrollment and must score at or below the 8.9level. This will be considered the baseline or Pre -Assessment score. Duringthe program, participants will retake the TABS for a Post -Assessment score. Performance Indicator #5 will show that 85%, or a minimum of 17 participants, will have a minimum of one -functioning -level improvement with comparing Pre- and Post-ASsessmentTABE scores. City Council 16 — 244 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (VVIOA) �V Santa Ana Workforce Development Board: Youth Service Provider 6. Effectiveness In serving employers. The proposed program will utilize the Work Readiness Assessment Tool as a means of obtaining employer feedback on participant's effectiveness in the workplace. This assessment tool will be completed within the first two weeks of placement. For Performance Indicator #6, a minimum of 50% of employers will indicate that they are satisfied with the participant's performance as demonstrated in the Work Readiness Assessment I ool results. A copy of the tool can be found in Attachment J - Pertinent Work Exoerience Documents for review. City Council 16 — 245 7/6/2021 EXHIBIT 3 p5z"Jl,: )'Vr A Workforce Innovation and Opportunities Act (WIOA) —� _ Santa Ana Workforce Development Board: Youth Service Provider 16. Prior Outcomes (t page max) A.Ifyour organization was previously awarded a WIOA contractthrough the Santa Ana Workforce Development Board, OC Workforce Development Board or Anaheim Workforce Development Board, please disclose your organization's past performance outcomes for the past 1-2 years.from each WDB if applicable: Project Kinship has not been previously awarded a WIOA contract through the Santa Ana Workforce Development Board, OC Workforce Development Board, or Anaheim Workforce Development Board, therefore this section is not applicable to this proposal. City Council 16 — 246 7/6/2021 EXHIBIT 3 Workforce Innovation and Opportunities Act (WIOA) ,Wr_ Santa Ana Workforce Development Board: Youth Service Provider 17. Fiscal Competency (1 page max) A. Describe the process used to capture and report fiscal data. Project Kinship isfiscally sponsored by Charitable Ventures of Orange County (CVOC). All expenditures are entered into Quick Books and reconciled by individual program budgets and approved line items. The CVOC Controller ensures accounting controls and internal monitoring processes comply with federally stipulated principles (GAAP). The Director of Operations ensures invoices are appropriately charged and fiscal reports are submitted within deadline. B, Attach a copy of the organization's procurement policies and procedures as Attachment I. See attached copy of the agency's Procurement and Purchasing Policy in Attachment I. C. What systems ensure fiscal accountability, appropriate expenditures, and planned costs. The Operations Coordinator is charged with procurement and purchasing. He conducts a three -bid research process prior to preparing a purchase order. Purchase orders are approved by the Workforce Program Manager, Director of Operations, and Controller prior to a purchase to ensure expenditures are aligned with the budget and participants' ISP or ICP goals. D. Describe Invoicing process and list qualifications of staff assigned to task. The Workforce Program Manager, Operation Coordinator, Bookkeeper, Director of Operations, and Controller serve as a checks and balance system to ensure expenditures are allowable, aligned with the budget, and fiscally responsible. The Bookkeeper, who has over ten years of accounting experience, uses Quick Books to prepare the monthly invoices. The Controller, who is a CPA, works with the Director of Operations, who has over 15 years of contract monitoring experience, to ensure invoices are prepared to avoid any disallowed costs. E. Describe how your organization'sfinancial stability is not dependent on W10A funds. As the fiscal agent, CVOC monitors cash flow, accounts receivable, accounts payable, and payroll projections. Project Kinship has both reimbursernont-based grants and full award - based grants. CVOC ensures that Project Kinship remains in healthy fiscal standing to cover for any delayed reimbursements. CVOC passes their independent audit without findings each year F. identify the percentage of budget that will go directly to youth versus the percentage of overhead and administrative costs. The proposed budget will include 10%for administrative costs {Indirect Rate); 45%for Personnel and Benefits (both the Case Manager and Job Developer provide direct service); 3% for Operational Expenses (office supplies, staff training, staff conferences, mileage), and42% for wages, supportive services (enrolled and follow-up), incentives, and youth conferences. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S). See attached copy of the agency's last two years of financial audits and IRS Fonn 990. H. Please include 1 budget form and 1 budget narrative for PY2020-2021. See attached copy of the proposed budget and budget narrative for PY 2020-2021. City Council 16 — 247 7/6/2021 EXHIBIT 3 prauii„� 7�yr. + Workforce Innovation and Opportunities Act (WIOA) Santa Ana Workforce Development Board: Youth Service Provider M Additional Attachments (no maximum) See additional documents, such as training calendars and testimonials that support the proposed program in Attachment. City Council 16 — 248 7/6/2021 EXHIBIT 3 YSPN MEMBER PERFORMANCE PLAN 2021-2022 PROJECT KINSHIP WIOA YOUTH POPULATION .....................................................................................................ads in -School .._................._...—..._._.-. 16-18 # of Youth to be Served _..ed — s Out -of -School (75% minimum) 16-24 1s TOTAL NUMBER OF YOUTH TO BE SERVED 20 PROJECTED ENROLLMENTS & EXPENDITURES P:: ;(NOTE: 100% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER-DECEMBER 31, 2021) ------.—$2:&fit ff of Enrollments -------� per Quarter -^-- -5stl,�retei-E„NendltJts-petQua z` rt 10 $40,000 20d (100%EnrollmentRequired) 10 $40,000 3rd $40,000 4'" $40,000 TOTAL 20 $160,000 14 WIOA ELEMENTS PERFORMANCE MEASURES mark a "x" next to the elements provided In your (Projected benchmarks subject to change program Baseline=BL) X 1. Tutoring, study skills training, dropout prevention 1. %of Participants who are In education/training, v. strategics or in unsubsidised employment during the 2"d 2. Alternative secondary school services or dropout X quarter after exit recovery Benchmark: 7,19§ 2.% of Participants who are in education/training, X _ 3. Paid & unpaid work experience that have academic and occupational components, which rnay or in urisubsid[zed employment during the 41" include: summer employment,pre-apprenticeship, quarter after exit internships & job -shadowing, or On -the -Job training Benchmark: 80% �20% of funds must he used for this element) X 4. Occupational skills training —priority for 3. The median earnings of Participants in recognized credentials aligned with sectors in unsubsidised employment during the 2"d quarter demand after exit Benchmark: 4w X S. Education offered Concurrently with workforce 4. % of participants who, during the program, are reparation activities in education or training that leads to a recognized postsecondary credential or employment AND X 6. Leadership development -community service & eer centered activities who are achieving measurable skill gains Benchmark: 75% X 7. Supportive Services X 8. Adult mentori ng X 9. Follow-up services for not less than 12 months S. %of Participants who obtain a recognized after exit (required) postsecondary credential or secondary diploma during participation OR within 1 year after exit X 10. Comprehensive guldance & counseling drug & alcohol, etc. Benchmark: X 11. Financial literacy 6. Effectiveness in serving employers Benchmark: BL" _ X 12. Entrepreneurial skills training X 13, Labor marker Information -career awareness and exploration *Pending further5rare and Federal guidance. X 14. Activities to help youth prepare for and L. transition to postsecondary education City Council EXHIBIT B16 — 249 7/6/2021 1 EXHIBIT 3 pR01r c r OR rGE COUN'f4 Work Experience Policy Workforce Innovation Opportunity Act Program 2020 — 2021 To establish guidelines for the WIOA youth's paid work experience placements while enrolled in PROJECT KINSHIP's Youth Employment Program funded through the Workforce Innovation and Opportunity Act (WIOA). Eligibility & Customer Profile: WEX youth participating in work experience must have unexpired right to work documents and qualify for the youth employment program by meeting the requirements as outlined in the Youth Program Eligibility and Application Policy. Youth will make a plan with the case manager in order to assess the developmental needs and place youth in a worksite that best fits the youth's experience and interests. General Information: Lunch and Breaks: WEX youth must take a % hour unpaid break after no more than 5 hours of work. They are also entitled to a paid 1.0 minute rest period every 4 hours. W-2: To be available for all youths that participated in WEX by January 31 for the hours completed the year before. Youths are responsible to update PROJECT KINSHIP staff on addresses so that their W-2 gets mailed out to the correct address. Worker's Compensation: WEX Youth are all covered under PROJECT KINSHIP's insurance. If they are ever to become injured or hurt on the job they will call the insurance company and go to the provider covered by the insurance. City Council 16 - 250 7/6/2021 EXHIBIT 3 y ow on .cousrr ivpr.. � eT u Work Hours: On average youth will work between 9-29 hours a week. Below are the maximum hours the youth may complete. These numbers are more conservative than California labor laws for youth 17 and under because we do not authorize overtime for any WEX youth. Ages 16-17 Ages 18+ Work Hours ��0 5 am-10 pm when there is SchoolA. v time the next day • '5,am-12'i30 ark 'then there is no school'th6 next day Maximum hours 29 hours'a' week, but not over: 29 hours when school in • 4 hours a day Monday -Thursday session . 8 hours a day rriday-Sunday and holidays _:;10 Vinriwe _ ,. Timecards and Sign -in Sheets: Worksite will have a binder on -site where WEX youth will sign in and out. In order for the timesheets to be valid, youth must have the supervisor initial every shift. Youth will then complete timesheets accurately, daily and sign them. City Council 16 — 251 7/6/2021 EXHIBIT 3 p�at>c�t, Obi UP CUUT riv At the end of every pay -period, youth must turn in sign -in sheets and signed timesheets to the Program Coordinator. If the youth is unable to collect sign -in sheets. PROJECT KINSHIP staff may retrieve the sien- in sheets from the worksite. Paycheck Information: Youth will be paid biweekly to correspond with Charitable Venture of Orange County (CVOC)/Project Kinship payroll dates. Duration and Length of WEX Activity: Based on the availability and needs of WEX youth work experience should be a minimum of 6 weeks and not exceed 12 weeks or 350 hours unless approved by Program Coordinator. The staff of Santa Aria Workforce Development Board may approve WEX waivers of the 350-hour limitation policy. Waiver requests must be submitted in writing. Youth may not exceed the 350-hour limit prior to the date of waiver approval. Rate of Pay and Payment: During WEX youth will receive $13.00 per hour up to 29 hours a week for up to 12 weeks of work experience. Youth will be compensated at minimum the California minimum wage for every hour worked. Time Frame California Minimum Wage January 1- December 31, 2020 $13.00/ Hour January 1- December 31, 2020 $14.00/ Hour City Council - 16 — 252 7/6/2021 EXHIBIT 3 t�azotr•c�-Y. I �RF IOP.COLN'fV A �li6T. .V4t'• Worksite Review: Worksite review will occur three times during their WEX training. The worksite will be monitored for compliance of worksite agreement and safes standards. The purpose will be to ensure that WEX youth is receiving quality training while working in a safe and comfortable environment. PROJECT KINSHIP staff member is to visit the worksite before training begins to meet with the WEX youth's supervisor. Staff is to do a minimum of one visit halfway through training and a final visit a week before training ends. If corrective action is required after 15i visit the worksite supervisor will be informed by PROJECT KINSHIP staff of any inconsistencies in the worksites operations. A follow-up visit will be made within three to five working days after the findings have been identified, to review corrective action taken by worksite. Allowable Expenditures: WEX funds may be used to pay participant's wages and related benefits for work experience in the public, private, for -profit or non- profit sectors when the participant's objective assessment and individual service strategy indicate that work experience is appropriate. Additional activities will be available to youth to receive additional training, mentoring, coaching and tutoring when identified to increase knowledge and successful completion of WIOA program. Allowable expenditures beyond wages may include the following: • Classroom training or the required academic education component directly related to the work experience. • Professional development training related to work experience • Orientation sessions for WEX youth and employers City Council 16 — 253 7/6/2021 EXHIBIT 3 t?rrC>trec•r e2� • Tutoring with PROJECT KINSHIP tutor in order to improve skills or meet ISS Goals • Meeting with supervisors or employers outside of scheduled work hours for planning, training, or evaluating progress. Worksite approval Procedures: Worksite approval procedures ensure that the worksite fits the WEX youth's developmental needs, is a safe environment for them to work in, and provides valuable training. PROJECT KINSHIP staff will visit the worksite, and fill out a worksite safety report depending on the youth's age. They should also present the worksite supervisor with the worksite training agreement and contract to outline the training/ learning objectives for WEX youth. 1. The worksite location must be safe, appropriate to the WEX youth's age, ADA compliant and EEO compliant. 2. The on -site supervisor must agree to abide by the rules indicated in the worksite training agreement 3. The on -site supervisor must outline training objectives that coincide with the WEX youth's development and capabilities on the Training Plan. PROJECT KINSHIP staff will evaluate the proposed Training Plan and suggest appropriate learning objectives when necessary. On -site supervisor must agree to any edits suggested by PROJECT KINSHIP Staff. 4. Approved: Once the worksite complies by the three conditions stated above the worksite will be approved for paid WEX. 5. Not Approved, If the worksite or the on -site supervisor do not comply to the following: safety, ADA and EEO compliance, worksite agreement and appropriate objectives; the worksite will not be approved for paid WEX. Agency Worksite Agreement Procedures: City Council 16 — 254 7/6/2021 EXHIBIT 3 prac>tx,.c� oa ov. rnronr4 The worksite agreement procedures ensure that all worksites are evaluated equally and follow the same procedure. Once Staff deems the worksite safe the staff will meet with the supervisor to explain the different parts of the worksite agreement ancmompTe-te the documents before the WEX youth's first day of training. Worksite training agreement includes: a) Letter from executive director introducing the objective of our Youth Employment Program funded by WIOA b) Worksite training agreement c) WEX youth responsibilities d) Training plan and worksite schedule. Staff Roles and Responsibilities: A. Complete Worksite safety report to best of knowledge and ensure that worksite is ADA and EEO compliant. B. Complete Agency Worksite Agreement with worksite supervisor. See Agency Worksite Agreement Procedures C. Complete all parts of Worksite Approval Procedures to ensure that the worksite is the best fit for WEX youth. D. Complete a minimum of three worksite reviews as outlined in Worksite review. E. Provide age -appropriate work sites, F. Meet with worksite supervisors to evaluate WEX youth's work performance and distribute evaluations G. Meet with WEX youth to evaluate the worksite and make a plan for developing job skills when necessary H. Assist with job placement at the conclusion of WEX training. i. Educate WEX youth on health and safety and make a safety plan in case of injury. WEX Youth Roles and Responsibilities: A. Be willing to commit to learning and working hard City Council 16 — 255 7/6/2021 EXHIBIT 3 pg. OII COUNTY B. Be willing to follow work hours, instructions, work policies and rules C. Keep accurate timesheets and submit a timesheet to the PROJECT KINSHIP Youth Employment Program office at the end of each pay period. D. Immediately report any work -related incidents to both the worksite supervisor and the PROJECT KINSHIP staff E. Communicate any inappropriate behavior of work -related issues to PROJECT KINSHIP staff F. The WEX youth agrees to call the worksite supervisor a minimum of two hours before his/her shift begins if unable to report to work. G. The WEX youth is required to stay in his/her assigned placement for a period of 2-3 months. After a period of three months, if the WEX youth chooses to continue at the worksite he/she may do so with the approval of the worksite supervisor and PROJECT KINSHIP staff. If participation is extended additional duties and opportunities to acquire new skills should be included, in order, to further enrich the WEX youth's experience at the worksite. H. Abide by the responsibilities outlined in the worksite training agreement. Worksite Supervisor Roles and Responsibilities: A. Be willing to train and mentor the WEX youth B. Be willing to complete monthly evaluations of WEX youth performance. C. The worksite supervisor understands this to be an entry-level position and the responsibilities assigned shall be entry-level. D. Be willing to provide to PROJECT KINSHIP staff and to the WEX youth a Job Description indicating WEX youth job responsibilities at the worksite. E. Give WEX youth appropriate safety training for the worksite City Council 116 — 256 7/6/2021 EXHIBIT 3 pleolr:c.�t, OMQV�11V.jl �5wc F. Give WEX youth timely breaks when appropriate as outlined in the worksite training agreement. G. Abide by the work hours and responsibilities outlined by the worksite training agreement. If any changes are made first they must be approved by PROJECT KINSHIP staff and stay within the hours outlined above in the "general information" section (page 1). H. Be ADA compliant i. Adhere to the Equal Opportunity Grievance Procedures J. Observe California State and Federal Child Labor Laws City Council 16 — 257 7/6/2021 EXHIBIT 3 IItA .4P. n.Un'1'l Z� xNa STIPEND POLICY Santa Ana Workforce Innovation Opportunity Act �iircFtiSt---Tis�saist�FYir�vv2�rkfioree�rslsooatiurr�rpfsormr�itsrAct-tSicobY©Aj-pragram�a9fuw3 for stipend payments when a participant's ISP indicates that they would benefit from an education or training program as part of their SAWIOA related activities. A stipend is defined as a regular small payment made to a SAWIOA participant during his/her enrollment to encourage and motivate them to reach specific goals and obtain positive goals and obtain positive outcomes. We, Project Kinship, will be offering out SAWIOA enrolled participants with program attendance stipends. The program attendance stipends will be issued to our enrolled participants for the successful completion of predetermined employment training, employment obtainment, and employment retention. This policy will give direction as to how the SAWIOA funding for stipends will be used. *According to the IRS publications; stipends are considered miscellaneous compensation and are taxable. PROCEDURES All SAWIOA enrolled participants are eligible for stipends when it will assist the participant in reaching their training and employment goals. Stipends will be provided to help our participants to engage in approved SAW10A activities and services. The maximum amount that our participants will receive as stipends will be $2,5D0.00 All stipends provided by our Case Managers will be procured using our stipend request form and as a check request. This form should be completed as a request according to the participant's need(s). The type of stipend service must be selected on the form and the reason for the need must be included. Stipends may only be paid for activities which begin and are completed after enrollment and prior to closure. ELIGIBILITY The following criteria must be used in establishing a stipend recipient: 1. Participant must be fully enrolled in the SAW10A program. All referral and enrollment documents must be completed and entered into the CalJobs system prior to any stipends being issued. City Council 16 — 258 7/6/2021 EXHIBIT 3 r,taolceT, dun ur cuuz-�� 2. Participant must be actively engaged in program activities agreed upon. 3. Meet or appropriately communicate with the case manager at least two times a month. 4. The participant is not an employee of the employer site. 5. The training, even though it includes the actual operation of the facilities of the employer, is essentially a training experience similar to a vocational school. 6. The participant is primarily the beneficiary of the experience. �--pegai$r�rnpioyee3 are7irr� disp9acec�arrd-t�r�enperienr�is-e:iusety— supervised/observed. 8. The "employer" that hosts the experience derives no immediate or significant advantage 9. The participant is not necessarily entitled to a job at the conclusion of the experience; and, 10. There is a mutual understanding between the participant and the host agency that the participant is not entitled to wages for this time because the activity is essentially a training experience. 11. Participates must have unexpired right to work documents and meet the requirements as outlined in the Youth Program Eligibility and Application Policy. 12. The case manager will assess the participant and place them in a worksite that best fits their experience and interests based on their developmental needs. City Council 16 — 259 7/6/2021 EXHIBIT 3 x.r_�n��•r, Guidelines Training Duration Stipend Details? Placement inHands-on 12weeks ..._........_--- $475/131weekly Participant will receive a$475 job shadowing stipend check for attending �Cen Fee cowpiete avTa -- - -hands-on ra n ng Mnnn ay ---- Zoom, Google or other through Friday. For unexcused video platforms) absence(s) from training, the participant will be deducted $47.50 per day. Project Kinship 1 week $125/Once Participant will receive a $125 Orientation stipend for completing one - (Can be completed via week orientation Zoom, Google or other video platforms Attendance of Long- 10 weeks $475/Biweekly Participant will receive a$475 Term Vocational stipend check for attending Training program -approved vocational (10 weeks or more at 29 training Monday through hours per week or Friday. For unexcused more) absence(s) frortitraining, the participant will be deducted (Can be completed via $47.50 per day. Zoom, Google or other video platforms) Attendance of Short- 10 weeks $250/Biweekly Participant will receive a $250 Term Vocational stipend check for attending Training program -approved vocational (10 weeks or less, 29 training Monday and hours per week or less) Wednesday or Tuesday and Thursday. For unexcused (Can be completed via absence(s) from training, the Zoom, Google or other participant will be deducted video platforms) $62.50 per day. City Council 16 — 260 7/6/2021 EXHIBIT 3 on. or. courry u„u General Information: Zoom, Google or other video platforms will be utilized to provide on the Job training and WEX when conditions don't allow for face to face interactions i.e. COVID19�government or local restrictions prohibit in person services. W-2: Available for all youths that participated in job training by January 31 for the hours completed the year before. Youths are responsible to update PROJECT' KINSHIP staff on addresses so that their W-2 gets mailed out to the correct address. Worker's Compensation: Youth are covered under PROJECT KINSHIP's insurance. If they are ever injured or hurt at their training site they must call the insurance company at (800) 565-5694, New York Marine Insurance and go or be taken to the local urgent care or emergency room. Timecards and Sign -in Sheets: Training providers will have a binder on -site where youth will sign in and out. In order for the timesheets to be valid, the must have the training supervisor initial every day. Youth will complete timesheets on a daily basis. At the end of every pay -period, youth must sign and turn in sign -in sheets and signed tirnesheets to the Program Coordinator. If the youth is unable to collect sign -in sheets, PROJECT KINSHIP staff may retrieve the sign -in sheets from the workslte. Stipend Information: Youth will receive a biweekly stipend that adheres with Charitable Venture of Orange County (CVOC)/Project Kinship payroll dates. Training Hours: Training hours are between 9-40 hours a week based on the availability of fund and participants needs. Duration and Length of Training Activity: Based on the availability of fund and participants needs, Youth training can be. a minimum of 8 weeks and must not exceed 12 weeks unless approved by Program Coordinator. Allowable Expenditures: City Council 16 — 261 7/6/2021 EXHIBIT 3 ift Training funds maybe used to pay the participant's a stipend and related benefits for training experience in the public, private, for -profit or non-profit sectors when the participant's objective assessment and Individual service strategy Indicate that training experience is appropriate. Training site approval Procedures: T-r_ai a agnate-apprwsaLpr�rures-ensur�tha-i thr-aiaing�J*e fstheuthdeve opmentai---- needs, is a safe environment for thern to train in, and provides valuable experience. PROJECT KINSHIP staff will visit the training site, and fill out a training site safety report depending on the youth's age. They should also present the training site supervisor with the training agreement and contract to outline the training/ learning objectives for youth. 1. The training site location must be safe, appropriate to the youth's age, ADA compliant and EEO compliant. 2. The on -site supervisor must agree to abide by the rules indicated in the training site training agreement 3. The on site supervisor must outline training objectives that coincide with the youth's development and capabilities on the Training Plan. PROJECT KINSHIP staff will evaluate the proposed Training Plan and suggest appropriate learning objectives when necessary. On -site supervisor must agree to any edits suggested by PROJECT KINSHIP Staff. 4. Approved: Once the training site complies by the three conditions stated above the worksite will be approved for stipend training. S. Not Approved: If the training site or the on -site supervisor do not comply to the following: safety, ADA and EEO compliance, training site agreement and appropriate objectives, the training site will not be approved for training. Agency Training Site Agreement Procedures: Once Staff deems the training site safe the staff will meet with the supervisor to explain the different parts of the training site agreement and complete the documents before the youth's first day of training. Training site training agreement includes: a) Letter from executive director introducing the objective of our Youth Employment Program funded by WIOA b) Training site' training agreement c) WIOA youth responsibilities d) Training plan and training site schedule. Training site Review: City Council - 16 — 262 7/6/2021 EXHIBIT 3 pxao)rsc� ocn 'oe eonn,y +t Training site review will occur three times during, training. The training site will be monitored for compliance and safety standards. The purpose will be to ensure that youth are receiving quality training in a safe and comfortable environment. PROJECT KINSHIP staff will visit the training site before training begins to meet with the youth's supervisor Staff will do a minimum of one visit halfway through training and a final visit a week If corrective action is required after 1" visit the training site supervisor will be informed by PROJECT KINSHIP staff of any inconsistencies in the training sites operations. A follow-up visit will be made within three to five working days after the findings have been identified to review corrective action taken by worksite. Staff Roles and Responsibilities: A. Complete Training site safety report to best of knowledge and ensure that training site is ADA and EEO compliant. B. Complete Agency Training Site Agreement with worksite supervisor. See Agency Training Site Agreement Procedures C. Complete all parts of Training Site Approval Procedures to ensure that the training site is the best fit for youth. D. Complete a minimum of three training site reviews as outlined in Troining site review. E. Provide age -appropriate training sites. F. Meet with training site supervisors to evaluate youth's training and distribute evaluations G. Meet with youth to evaluate the training site and make a plan for developingjob skills when necessary H. Assist with job placement at the conclusion of the training. I. Educate youth on health and safety and make a safety plan in case of injury. Youth Roles and Responsibilities: A. Be willing to commit to learning and working hard B. Be willing to follow training hours, Instructions, policies, and rules C. Keep accurate timesheets and submit a timesheet to the PROJECT KINSHIP Youth Employment Program office at the end of each pay period. D. Immediately report any training -related incidents to both the training site supervisor and the PROJECT KINSHIP staff E. Communicate any Inappropriate behavior of training -related issues to PROJECT KINSHIP staff F. The youth agrees to call the training site supervisor a minimum of two hours before his/her training begins if unable to attend training. G. The youth Is required to stay In his/her assigned placement for a period of 2-3 months. After a period of three months, if the youth chooses to continue at the training site City Council 16 — 263 7/6/2021 EXHIBIT 3 k��xc�T�:cT he/she may do so with the approval of the training site supervisor and PROJECT KINSHIP staff. If participation is extended additional duties and opportunities to acquire new skills should be Included, in order, to further enrich the youth's experience at the worksite. Abide by the responsibilities outlined in the training site agreement. Training site Supervisor Roles and Responsibilities: B. Be willing to complete monthly evaluations of youth performance. C. Be willing to provide to PROJECT KINSHIP staff and to the youth a Training Description indicating youth training objectives and responsibilities at the training site. D. Give youth appropriate safety training for the training site E. Give youth timely breaks when appropriate as outlined in the training site training agreement. F. Abide by the training hours and responsibilities outlined by the training agreement. if any changes are made first they must be approved by PROJECT KINSHIP staff and stay within the hours outlined above in the "general information" section (page 1). G. Be ADA compliant H. Adhere to the Equal Opportunity Grievance Procedures I. Observe California State and Federal Child Labor Laws City Council 16 — 264 7/6/2021 EXHIBIT 3 ati .ne: cuon7� 411110191AW1*14:DTI141:1111I9Ii!1WA Santa Ana WIOA PURPOSE: Project Kinship establishes this policy to provide guidance for issuing supportive e,�uie2�t�NsrttiNarr.�of"r 5art� Ana-1h'eFkfs ee 1 n nation-2prtanity ALt�S?Jv33A} Program. This policy is designed to support participants in reaching their highest potential while actively engaged in the SAWIOA program and/or follow up services. SUPPORTIVE SERVICE POLICY Project Kinship will assist our SAWIOA work and job development program participants with supportive services based upon their needs outlined in their initial Service Plan (ISP). The Case Manager will be responsible for tracking the distribution of supportive services for each participant. Supportive services should only be used to assist participants to achieve the most challenging goals. Project Kinship's supportive service form must be completed by the case managers to issue supportive service. The Program Coordinator must review and approve the request prior to the supportive service being issued. The Director of Operations, along with the Program Coordinator, is responsible for confirming that the supportive service amount is not exceeded. The maximum supportive service amount may not exceed $250 per participant. Project Kinship will leverage any exceeding amounts in our budget for incentives with our general funding as a match. Eligibility: • Participant must be fully enrolled in the SAWIOA program. Meaning all referral and enrollment documents must be completed and entered into the CalJobs system prior to any supportive services being issued. • Participant must be actively engaged in program activities agreed upon and meet or appropriately communicate with the case manager at least two times a month. • Provision of supportive services are is not an entitlement and it will be determined what supportive services are reasonably required for youth based on individual need, assessment results, and the Individual Service Plan (ISP) Availability of funds and assessment of need: City Council 16 — 265 7/6/2021 EXHIBIT 3 f�raolxsc-� Oft 'O4. COS: n-,y P • All Supportive Services not offered through Project Kinship are processed on a reimbursement basis. • Support services are delivered contingent upon availability of funds • Initial assessment of need will be determined by the Case Manager. The need for services will be recorded on the Individual Service Plan (ISP) and through on -going assessment. 1. Case Manager is responsible for determining if transportation is a significant barrier to participation in required programe ements, and wfiei�er or not the youth were unable to obtain services through another program or agency. 2. Supportive services may be provided while a participant is SAWIOA, including when a participant is in follow up services. Supportive services must be determined based upon the individual and must include a review/assessment of the participant's need for supportive services to meet goals and clearly documented in the case file. Supportive service obligations and expenditures are to be tracked separately and are subject to the additional policies below. SUPPORT SERVICES PROCESSING 1. Case Manager is responsible for: a. Assessing and recording needed services on the ISP form. b. Informing participant of support service policy and the required documentation needed to justify services. c. Referring participant to other supportive services offered outside of PK's program. Describe the method for documenting need and the absence of such services through non-SAWIOA resources. d. Reviewing and approving most reasonable estimates. e. Keeping a log of all supportive services received by each participant with a running total value. f. Filing copies of receipts for supportive services (when applicable) in the participants' files. g. Collecting and reviewing all invoices/statements for accuracy. h. Submitting and Supportive Services Request Form for review and approvals. I. All value cards shall be tracked with a Master Log. 1. The participant is responsible for: a. Obtaining services that are referred by Case Manager but not provided through PK. b. Turn in appropriate documentation. If a participant fails to turn in appropriate documentation, no supportive services will be provided. City Council 16 — 266 7/6/2021 EXHIBIT 3 Am c. Any lost/stolen/destroyed prepaid value cards request need to be submitted with an affidavit from the participant. 2. Program Manager is responsible for: a. Reviewing all Supportive Service Receipts before submittal to the finance department and ensures that no deduction is submitted for an initial issuance to a grant -funded participant. i�Prcrgrarrrioiarragercroti9-appoint-a rustocciY-an-oairo will-ireep-tFre-vaiu�rards in a secured storage place and keep a Master Log of all value cards. c. Program Manager will perform an inventory of value cards at least on a quarterly basis and/or take corrective actions to ensure the policy is followed. 3. Director of Operations is responsible for (when necessary and applicable): a. Reviewing and approving invoices/statements for payment. 4. Director of Operations is responsible for: a. Verifying the availability of funds and notifying the Case Manager and the Program Manager. b. Processing payment and use approved contractor policies. Supportive Services: TRANSPORTATION SERVICES: 1. Bus Passes a. One 30-day bus pass will be issued per month or one 1-day bus pass as needed. b. In the event the participant loses a bus pass, the participant will be charged for the cost of the replacement, except at the discretion of the Case Manager and approval from the Program Manager. c. Program Staff is responsible for Issuing the bus pass and completing the information necessary on the bus pass log, the bus pass receipt form, and the voluntary deduction agreement form, if applicable. d. Copies of the bus pass receipt and Supportive Services Request Form (and voluntary deduction agreement, if applicable) will be kept in the participant file. 2. Gas Cards a. To receive a gas voucher, the following conditions must be met: The participant must have a current California State Driver's License, have valid insurance, and have the legal right to operate a vehicle involved. Copies will be placed in the participant file. b. Program Staff is responsible for informing the Program Coordinator the participant is eligible to receive gas cards. A gas card request form must be City Council 16 — 267 7/6/2021 EXHIBIT 3 ��rzc�tr-,c�r submitted with copies of California State Driver's License, insurance card, and vehicle registration for initial gas card Issuance. c. One $50-dollar gas card will be issued per month. In the event the participant loses the gas card, the participant will not receive a replacement. Exceptions will be made at the discretion of the Program Manager. d, Participants must agree to provide receipts from the gas station as proof the gas iarci w-as-utlYtzed��rksampga�'i ire re�efpt�srresmitrerima-seise dared th��am-� month the gas card was provided. The receipts submitted must be dated the same month the gas card was provided and must total the exact amount of the gas card issued. e. Program Staff is responsible for issuing the gas card, making copies of the receipts to place in grant files and for completing the information necessary on the gas card log and the gas card receipt. f. Copies of the gas card receipt and Supportive Services Request Form will be kept in the participant file. Other: All supportive services under SAWIOA will be provided at the discretion of the Case Manager and/or Program Coordinator. Other supportive services in addition to the ones mentioned above will follow the same procedures when applicable. Supportive Services Matrix .................................................................................................................................................- Supportive Services Maximum Amount ---............. Policy Auto Repairs $250.00 Three estimates required for any repair. A number of small repairs may be reimbursed if supported with written justification, but the cumulative cost may not exceed the maximum amount. College Books -- ................................................. $200.00 ..................................................... -- Reimbursement for books that is essential to participant in completing college or vocational training courses. Courses must result in credential attainment or employment earnings gain. City Council 16 — 268 7/6/2021 EXHIBIT 3 Y Clothing/Shoes/Uniform $200.00 Participant may request assistance with personal clothing/work clothing. DMV Printout $35.00 California driving recorded if needed during the documented job search as a -- —condition-af� cra la mpn — DMV Written Exam Fee $35.00 California DMV written test if needed to advance in job ................................................ search opportunities. Eye Exam/Glasses $100.00 The participant will be scheduled to receive only one eye exam/glasses during their program participation. Parking $100.00 One time only to cover the cost of school parking as necessary. Tools $200.00 Participant may request assistance with the personal tool necessary for continued employment. Tattoo Removal $225.00 Participant may request assistance with tattoo removal. 3 sessions max at $75.00 each session. City Council 16 — 269 7/6/2021 EXHIBIT 3 a�ao,rc�r nn nrcwniv INCENTIVES POLICY WIOA Program 2021 -2022 PURPOSE: Project Kinship establishes this policy to provide guidance for issuing incentives to participants who successfully commit, and complete goals established during program participation. The goal is to aid enrolled youth with their successful completlon�P-rojecf-Ki�hlp�lA!!-fl,�Nragraraa� ---- PROCEDURES: All incentives are based on the availability of funding and processed on a first come first serve basis. Eligibility: Participants must be fully enrolled in the SAWIOA program. All referral and enrollment documents must be completed and entered into the CaIJOBS system prior to any incentives being issued. Participant must be actively engaged in program activities agreed upon and meet or appropriately communicate with the case manager at least two times a month. The participant will receive an incentive in the form of a gift card in the amounts listed in the chart below SUMMARY OF INCENTIVES: Milestone Amount Frequency Employment Acquisition $50 Gift Card Gift card for acquiring employment (minimum of 10 hours per week) Employment Retention $50 Gift Card _ Gift card for maintaining employment 90 days in follow-up certification Acquisition $100 Gift Card Gift card for acquiring a nationally recognized certification. Completing Financial Literacy $50 Gift Card Gift card for successfully completing Packet Financial Literacy packet. Open a Bank Account $50 Gift Card Gift card for opening a new Bank Account. Discharge Probation or Parole $100 Gift Card Gift card for successfully discharging Probation or Parole. City Council 16 — 270 7/6/2021 EXHIBIT 3 tptzolr,•r_x. or. cooniy s Education Enrollment ................ $50 Gift Card ........ ..................................... ............................ ........ ._ Gift card for enrollment In post - education _ Education Attainment $50 Gift Card Gift card for completion of semester/quarter with passinp1grades Completion of Services and Maximum Amount of $10 per attendance and completion of Programming $150 per program year. the following services: Can-hg-Gorr.Pdeted„33-Zas �a9drCar�Fetaled_zt-*4re� x--•"-Qeo�fH�sg!*}t-5ss�siees Google or other video and of every month • Substance Abuse (Clinical or platforms) Non-) • Group Mentoring • Mentoring 1 to 1 • Education and/ or Employment Preparation Acquisition of Driver's License $50 Gift Card Gift card for driver's license acquisition. The participant will provide proof of passing written and .............. .............................................................................................................................. ............................................. _ w driving portions of the DMV test. _....._............................................................ Attendance of $25 Gift Card $25 gift card for attending each of the training/activities following: (Can be completed via per training/activity Zoom, Google or other video g (Max of $350/per • DMV Written Exam Practice platforms) participant) Session • Resume Workshop • Interview Workshop • Life Skills Workshop • College Tour/Fair • Job Fair Attendance of pre -scheduled $25 Gift Card $25 gift card for attending a Post -TABS in-house assessment session test and ISP session with their case (Can be completed via Zoom, manager related to goal development Google or other video for at least one hour. Participants are platforms) only eligible to receive this stipend two times. City Council 16 — 271 7/6/2021 EXHIBIT 3 X-.rao�r:cx x m; oe co„ni INCENTIVE GUIDELINES Project Kinship will award our SAWIOA work and job development program participants with in�enSivgs_f�as_e_d_u�anihei�succe.�th�o�cfnln7ances�utCszmes�utLi��dLa�heiLlnLkialS_er_yire Plan (ISP). The Case Manager will be responsible for tracking the distribution of incentives for each participant. Incentives should only be used to motivate participants to achieve the most challenging goals. Project Kinship's incentive service form must be completed by the case managers to award incentives. The Case Manager must review and approve the request prior to the award of incentives. The Case Manager, along with the Program Coordinator, is responsible for confirming that the incentive amount is not exceeded. The maximum Incentive award may not exceed $250.00 per participant. Project Kinship will leverage any exceeding amounts in our budget for incentives with our general funding as a match. Program Activities/Milestones._Eligible_for_Incentives DOCUMENTATION USED TO VERIFY ATTAINMENT OF MEASURE: Sign -in Sheets, Agendas, Program Flyers, Certificates of Participation or Attendance, Certificates from completed training, etc. during his/her enrollment to encourage and motivate them to reach specific goals and obtain positive goals and obtain positive outcomes. City Council 16 — 272 7/6/2021 EXHIBIT 3 Ch�rinbleVennirE; Policies and Procedures x�'`. ''a PROCUREMENT POLICY INTRODUCTION CVOC's goal for every purchasing transaction is to obtain the best value possible. Best value is determined by evaluating many factors (such as price, delivery capabilities, quality, past performance, training, financial stability, service capabilities, ease of ordering, payment, etc.) and selecting a vendor that offers the best combination of those factors. When bids are required by policy, they are to be cons cc ee an open and compefiitTTe bas s and wit iof—uuf-favorlilsm, fn order fo maxtmre fm bei�iue --- to the projects and CVOC. Interested suppliers will receive fair and impartial consideration. CVOC's procurement policy is intended to be consistent with the Generally Accepted Accounting Principles. CVOC projects will ensure that each transaction is classified or defined as an allowable expenditure. For sponsored programs, certain purchases may be unallowable. As stated above, CVOC maintains a procurement environment that delegates considerable decision - making authority to projects. These activities include: • Determining which products and services they need to run their programs. • Initiating requisitions to the existing active vendors. • Appropriately handle individual purchases less than $SQD. Employees involved in the purchasing process take full responsibility for understanding CVOC's policies and procedures regarding purchasing and vendor relations. Purchasing decisions are business decisions made on behalf of CVOC and therefore should be made with the utmost consideration for what is in the best interest of CVOC Segregation of duties and responsibilities In the purchasing process provides proper controls. As the dollar value and complexity of a purchase increases, so does the level of authority and responsibility required to obligate CVOC for a purchase. An example of segregation of duties within a project is as follows: • Requester/end user: Determine what they need; Research vendors; Solicit prices; Analyze costs and assess other important factors (Le. delivery, customer service, etc.); Select a vendor; Initiate a Purchase Order process through CVOC's financial system; Track documents and paperwork flow; and Ensure the proper receipt of ordered goods or services. • Approver (program director, etc.): Validate the legitimate business purpose of the transaction; Validate that adequate funding is available; Approve purchase orders; Ensure compliance with CVOC policy and applicable regulations; Monitor and reconcile purchase transactions using the financial system and associated financial statements and reports; Review and approve reimbursement requests and other special purchasing transactions; and Monitor budget. City Council 16 — 273 7/6/2021 EXHIBIT 3 Cltautah�INVencv��; Policies and Procedures :rT ETHICS Ethical business standards shall govern all procurement transactions. Disciplinary action for those violating ethical business standards will be taken In accordance with applicable CVOC policy, up to and including the termination of employment. CVOC personnel shall not solicit a gift or accept a significant gift from any supplier or prospective supplier. A'significant gift' is defined as any item, service, favor, monies, credits, or discounts not available to others which could influence purchasing decisions. CVOC personnel may accept trivial items as a matter of courtesy, but may solicit them. Acceptance of social invitations to occasional business meals, entertainment, and hospitality will be subject to prudent judgment as to whether the invitation places or appears to place the recipient under any obligation, the appropriateness of the occasion, frequency, and choice of facilities. Questions about the value of a gift or the appropriateness of an invitation should be referred to your supervisor to ensure compliance with CVOC's conflict of interest policy. CVOC values its suppliers and assumes that vendors, in turn, value CVOC's business. No token or display of appreciation is necessary or encouraged. All vendors are asked to comply with CVOC's standards by not offering incentives, gifts, or services to individual personnel. SIGNATURE AUTHORITY End users within projects typically do NOT have the authority to sign ANY contracts or agreements with outside parties in the name of CVOC or one of its projects. Contracts and agreements need to be signed by CVOC. Once the contract/agreement is reviewed and approved, it will be forwarded to the appropriate officer of CVOC for signature. I01*11:l-FiIRClI;iIII1I4' -1 The purchase of goods and services from outside vendors Is to begin with the initiation of a purchase order through CVOC's financial system or a paper form requesting a purchase order submitted to CVOC office (allow three working days for paper form). This shall occur at the time the product or service needs to be ordered, not when it is time to pay for the product or service. A fully approved and budget checked Requisition (quote/price comparison form) Is then automatically sourced Into a Purchase Order. The official Purchase Order is ready to be sent to the vendor. The system provides an appropriate audit trail since all transactions are captured in the system specific to each individual purchase, putting CVOC in the best position to pay for purchases in a timely manner. Starting with a Requisition ensures that an approved and official Purchase Order is issued. An official Purchase Order is the legal document that governs the transaction and properly protects the project. and CVOC. Verbal purchases (without an approved purchase order) (i.e. phone orders) are not considered valid by CVOC, nor are purchase orders generated through internal project systems or means other than CVOC's accounting system. Projects that use these means to initiate purchases with outside vendors assume responsibility for such purchases at their own risk. City Council 16 — 274 7/6/2021 EXHIBIT 3 Charitable Vwtutrs I Policies and Procedures W.'1 BID PROCESS CVOC requires three bids be solicited for all purchases of $25,000 or more. Projects must consider annual or total multi -year spending for products or services needed on a regular or repetitive basis to determine whether a bid needs to be performed. It is not determined by the average monthly spending for a particular product or service. To reiterate, just because the monthly spending on a particular product or service may be less than $25,000 does not exempt the Project from having to solicits bids. In addition, projects should generally plan to have established contracts re -bid at least every three to five years. Some contracts can be longer, primarily those that require a significant investment by the vendor All bid openings are to be scheduled with CVOC. RECORD RETENTION Projects must maintain copies of all documentation related to purchases and shall be forwarded to the CVOC Finance Department. INVOICING/PAYMENT A purchase transaction is complete only after the goods/services have been received and the supplier has been paid. When a Purchase Order is Issued, the project assumes responsibility to make sure the vendor is paid within an appropriate period of time. By issuing a Purchase Order through CVOC's accounting software in advance of the purchase, funds are properly encumbered and set -aside to pay these obligations. The encumbrance is not a contract, but ensures that the required funding is available. Accounts Payable pays invoices for CVOC. PAYMENT PROCESSING Vendors are Instructed to send invoices directly to CVOC Accounts Payable for proper processing. This is the best way to ensure Invoices are paid in a timely manner. Invoices will be entered by Accounts Payable. If after review of the invoice, the bill should not be entered/paid (due to a dispute with the vendor, etc.) the project shall notify Accounts Payable in a timely manner. In order to maintain a good payment record and to encourage the proper use of Purchase Orders, Accounts Payable will give the highest payment priority to original invoices supported by properly issued and approved Purchase Orders, and confirmation of receipt of goods and services. PAYMENTTERMS AND PENALTIES CVOC's standard for payment of vendor invoices is within thirty (30) days after receipt of the invoice. REQUESTING NEW VENDORS If a vendor needs to be added, projects must ask the vendor to fill out a W-9. This process is administered by Accounts Payable, who will first verify whether the vendor already exists in the system and may also check several other sources (the Federal 'Do Not Use' list, US Treasury, etc.) before adding the new vendor. A signed W-9 farm must be obtained from the vendor prior to payment to vendor. City Council 16 — 275 7/6/2021 EXHIBIT 3 • pm,n Charlr<ableVenttirgz 20- Policies and Procedures �A� SHIP TO LOCATIONS Projects are expected to select the appropriate 'ship to' address. Only a pre -established location can be selected by requester. PREPAID AND PARTIAL PAYMENT PURCHASE ORDERS The use of pre -paid 'check -enclosed' purchase orders Is discouraged and requires advance authorization by_CVS2C $uch oa�mpnts in advanLe�9LC�[�lp%A£g49SliplaCQiS}1� gLQie4L�nt1 CV[Z� at risk of loss if these goods are not received as ordered, or in an unsatisfactory condition. However, occasionally a vendor refuses to accept a CVOC Purchase Orderwithout full or partial payment in advance. In orderfor a pre -payment to be considered, purchase order must be accompanied by documentation explaining the reason for pre -payment. The dollar amounts must be correct and include any handling or shipping charges. Documentation verifying the prices, such as a quote from the vendor, price list, vendor order form, or pro -forma invoice, must be provided. This documentation must also include evidence of the vendor's demand for pre -payment. INCORRECT OR DAMAGED SHIPMENTS If a shipment is received with incorrect or damaged goods, the packing material, packing slip, and/or shipping ticket should be saved. These may be needed if the items have to be returned or exchanged with the vendor. Adhere to the following to ensure incorrect shipments are handled appropriately: The project shall notify the vendor immediately in writing so that appropriate action may be taken such as issuing credit or providing a replacement. If the order has to be shipped back to the vendor, it should be packed in the original cartons and the vendor's process for return should be followed. The project should also accurately record this activity (i.e. number of items received, number of items returned, comments, etc.). CREDITS Credits may occur due to the receipt of defective merchandise, returned goods, discounts, or incorrect invoice payments. Unlike invoices, the application of credits is not simply a matter of verifying the facts on the memo and confirming that the subject goods or services have been rejected. Specific business and accounting questions may need to be resolved with the vendor before the credit is applied. Improperly applied credits are difficult to correct. If a project believes it is entitled to a credit from a vendor or receives a credit memo that is deemed to be valid, the project should contact Accounts Payable for assistance. All credit memos shall be sent to Accounts Payable for processing. DIRECT BILLING, HOUSE ACCOUNTS, CREDIT CARDS CVOC projects are not authorized to establish direct billing accounts, house accounts, or credit cards with any vendor in the name of CVOC. Projects are not authorized to accept offers for credit cards, charge accounts, or house accounts from vendors who increasingly send such advertisements to projects. Only authorized CVOC personnel may negotiate/set up credit agreements with vendors. Such requests should be routed to CVOC, who In limited instances will authorize projects to arrange direct billing with a vendor, City Council 16 — 276 7/6/2021 EXHIBIT 3 Charl�a61 V� e�7r�iles Policies and Procedures ,;. CAPITAL EQUIPMENT/ASSET TRACKING Capital Equipment/Asset is defined as property having a useful life of one year or more and a minimum acquisition cost of $2,500.00 per unit. Capital Assets must be inventoried and controlled in accordance with CVOC policy. Merchandise may be disposed of only in accordance with CVOC policy. When a Capital Asset becomes obsolete, proper notification must reach CVOC so the asset can be removed from the log and the tag number retired. The accounting department must be aware of capital asset retirements in order to remove the asset from the depreciation schedule and make the journal entries to the accounting general ledger. Proper notification should include the capital asset tracking number, a description of the asset and any proceeds gained from the sale of the asset If It is sold. The sales of the asset can only be done with CVOC's approval. An asset tag will be assigned to each capital asset by CVOC. CVOC accounting department will maintain a master list of all fixed assets and the exact location of the asset. Each time an employee moves a capital asset to a different location or job site, the movement should be noted on the capital asset log. CVOC may track capital assets through site visits looking for damages, theft and other issues that could impair their functionality. Most of capital assets come with a manufacturer's warranty. All capital assets should be registered with the manufacturer and any employee using the asset should be given the manufacturer requirements for maintaining warranty compliance. Warranty information on all capital assets should be stored in a central location so it's easy to access in case you need warranty work. City Council 16 — 277 7/6/2021 EXHIBIT 3 C.ildJltdW@Va(iS re3 - f Policies and Procedures PARTICIPANT PROTECTION POLICY To maintain a safe environment for participants of all ages, Project Kinship abides by the following participant protection policies: • All Project Kinship staff/volunteers must submit to Live Scan fingerprinting and clear a Federal Bureau of Investigations background check. Any individuals who have a history or sexual ufrerrsesz-rimes-againsizhiitrrerror-any otherirrcPde�nts�tharwtrtiid�rase a rfs&� to participants will not be permitted on agency premises or allowed to engage with participants. • All Project Kinship staff/volunteers are mandated reporters and required by law to report any disclosed incidents of abuse, suicidal/homicidal ideation, and/or Tarasoff related threats to the proper authorities. Failure to report is subject to immediate dismissal and criminal prosecution when appropriate. • All Project Kinship staff/volunteers are encouraged to maintain clear and consistent communication boundaries with participants. Project Kinship staff/volunteers are discouraged from carrying on conversations with participants via text message as context and affect can be easily misconstrued. Physical touch, such as direct hugs, rubbing, or sitting in close proximity that necessitates touch, Is highly discouraged as it may be unwelcomed or mistaken in nature by the recipient. initiating any behavior that can be classified as flirting or sexual in nature with participants is strictly prohibited. Failure to redirect participants who are initiating such behavior is also prohibited. Failure to report ongoing exchanges, as a witness to or recipient of, may result in dismissal from the agency and appropriate legal consequences. • Project Kinship staff/volunteers are prohibited from being in a room or closed space alone with a participant, unless there are clear visual sight lines and/or others present within audible proximity to the interaction. • Project Kinship staff/volunteers are required to observe gender -specific staff -to - participant matching during transportation. It is prohibited for a female staff to transport a male participant without being accompanied by a male staff/volunteer and vice versa. Volunteers are prohibited from transporting participants at any time. • Project Kinship staff/volunteers are prohibited from engaging in any personal relationship with partiripants outside of work -related hours. This includes the exchange of personal cell phone numbers, befriending/accepting friend requests from participants on personal social media accounts, exchanging personal gifts, or meeting up with participants during non -work -related events. Project Kinship staff/volunteers are highly encouraged to set their personal social media account settings to "private". • Physical relationships between Project Kinship staff/volunteers and participants is strictly prohibited. Any incidents will be subject to Immediate dismissal and criminal prosecution when appropriate. City Council 16 — 278 7/6/2021 EXHIBIT 3 BUDGET NARRATIVE Organization: Charitable Ventures of Orange County, DBA Project Kinship Please elaborate on the appropriate line item budget narrative how the program will fulfill at least 20% of funds will be used for work experience. 1. Personnel Salaries: • Case Manager (1.0 FTE) will be responsible for maintaining a caseload of 20 participants during all stages of Santa Ana WIB participation; maintaining participant files; developing Individual Service Plans with participants; monitoring participant progress; working with the Project Kinship Operations team to secure support service supplies, stipends, incentives, and wage contributions; serving as the agency representative to the Youth Service Provider Network. Salary is calculated as $25.00 per hour x 2,080 hours per year = $52,000. • Program Coordinator (.20 FTE) will provide coordination of expanding employer relationships, job sites in addition to supporting staff responsible for career guidance services, including diagnostic testing and other comprehensive assessments, information on occupations with clear career paths to participants of the Workforce Development program. Additional responsibilities include development of an individual employment plans, maintaining information on eligible training providers and coordinating specialized trainings. Salary is calculated as $26.50 per hour x 2,080 hours per year x 20%= $11,024,00. • Grants Manager (0.20 FTE) will be responsible for ensuring contract compliance most specifically related to supporting documentation and audit preparation for the program. Salary is calculated as $24.00 per hour x 2080 hours per year x 20%= $9,984.00 • Total for Personnel Salaries is $73,008. 2. Personnel Benefits: • Benefits include: medical, vision, and dental insurance; Worker's Compensation; and other Human Resources administrative support services. They are calculated at 20% of annual salary. • Case Manager (1.0 FTE) salary is $52,000 x 20% benefits = $10,400. Prograrn Coordinator (.20 FTE) salary is $11,024 x 20% benefits = $2,205. Grants Manager (.20 FTE) salary is $9,984 x 20% benefits = $1,997, • Total for Personnel Benefits is $14,602 3. Rent: N/A to this proposed budget. 4. Utilities: N/A to this proposed budget. 5. Phones: N/A to this proposed budget. 6. Internet: N/A to this proposed budget. City Council 16 — 279 7/6/2021 1 EXHIBIT 3 7. Parking Fees: N/A to this proposed budget. 8. Security; N/A to this proposed budget. 9. Maintenance: N/A to this proposed budget. 10. Insurance: N/A to this proposed budget. 11. Equipment Rental fees: N/A to this proposed budget. 12. Accounting Services: N/A to this proposed budget. 13. Vehicle Lease: N/A to this proposed budget, 14. Office Expenses (Consumabies): Office expenses include: TABE tests; case file folders; copy paper; workshop materials; and other office supplies needed for program operation. Cost is calculated at $91.00 per participant x 20 participants = $1,820. 15. Legal Services: N/A to this proposed budget. 16. Auditing Services; N/A to this proposed budget. 17. Indirect Cost: • Indirect costs cover: accounting, contract development, liability coverage, and administrative services. It is calculated at 6% of the total grant award = $10,000. 18. Staff Training: N/A to this proposed budget. 19. Staff Conferences: N/A to this proposed budget • Staff conferences includes fees for staff to attend the California Workforce Association Annual Conference. Registration fees are calculated at $600 per staff x 2 staff = $1,200. • Staff conference costs also include cost of per diem $40 per staff x 2 staff x 3 days = $240 and rental of a van to transport staff and participants to and from the conference calculated at $50 per day x 3 days = $150. • Total staff training cost is $1,590. 20. Staff Travel/Mileage: • Project Kinship uses $.56 as it's per mile reimbursement rate. Given historical trends, staff mileage is calculated at an average of $12 x 12 months = $150. 21. Participant Work Experience Wages: • Work experience wages are calculated at $500 stipend x 4 participants completing a 7- week Silk Screening Training course (60 hours Instruction/hands-on practice) = $2,000. • Work experience wages also include $250 stipend x 2 participants completing a 1-week Window Tinting Training course (40 hours instruction/hands-on practice) = $500. City Council 16 — 280 7/6/2021 2 EXHIBIT 3 • Work experience wages also includes a sliding scale wage incentive program with employers. Participants will be hired by employers. Project Kinship will pay a portion of the wages to the employer on a sliding scale until the employer is paying the full hourly wage of the participant. Sliding scale will be based on participants being paid $12 per hour. During the first 160 hours, Project Kinship will pay $8 per hour and the employer will pay $4 per hour. During the next 240 hours, Project Kinship will pay $6 per hour and employer will pay $6 per hour. During the next 120 hours, Project Kinship will pay $4 per hour and the employer will pay $8 per hour. After the completion of 520 hours, the employer will be paying the full wage of the participant. Wages are calculated at $3,200 per participant x 15 participants = $48,000. • Total participant work experience cost is $50,500. 22. Supportive Services: • Supportive services include: bus passes ($4.50 one way; $45 for a 30-day youth bus pass; $65 for a 30-day adult bus pass); gas cards ($5 value for single trips or $50 value for 30-day use); as well as the purchase of participant specific needs such as uniforms, tools, textbooks, driver's education classes, clothing, etc. of various costs. • Supportive services are calculated at an average of $125 per participant x 20 participants = $2,500. 23. Participant Incentives: • Participant Incentives can be earned in the form of a $50 Visa Gift Card for completing various program outcomes including: obtaining employment; retaining employment; enrolling in education; retaining education (i.e. enrolling in second semester of college; obtaining passing grades); obtaining a Driver's License; completing the 6-week Work Readiness curriculum; earning an industry recognized certification; and/or being discharged from Probation or Parole. • Participant Incentives are calculated at an average of $50 per participant x 20 participants = $1,000. 24. Youth Conference: • Youth conference costs include registration for participants to attend the California Workforce Association Annual Conference. Registration costs are $400 per participant x 2 participants = $800. • Youth conference costs also include per diem $20 per participant x 2 participants x 3 days = $120 as well as the cost of participating in other leadership opportunities, such as a policy advocacy workshops, the Project Kinship Annual Re-entry Conference, etc. • Total youth conference cost is $920. 25. Youth Follow up Services: • As part of overall program services, Project Kinship proposes to allocate $5,500 to follow up services for youth 26. Pertinent Forms to track Work Experience: • Project Kinship will be utilizing the following pertinent documents/forms to track work experience compensation for participants/employers involved in the sliding scale wage program: signed Memorandum of Understanding with employers; signed participant Pimphootc.- p=rtiripaat eva.luatlon form (cmmPlntnd by e=pInvnr during fi rct tu,r wooks City Council 16 — 281 7/6/2021 EXHIBIT 3 of employment); and employer evaluation form (completed by participant during first two weeks of employment). • Project Kinship will be utilizing the following pertinent documents/Forms to track participant incentives: sign -in sheets from workshop series; copies of industry recognized certifications and/or high school diploma; copies of Driver's License; copy of education enrollment class schedule; copy of semester grades; copies of pay stubs; and Probation or Parole discharge letters. • See copies/examples of pertinent forms in Attachment J. 27. Subcontracting client services/activities,: N/A to this proposed budget City Council 16 — 282 7/6/2021 4 EXHIBIT 3 Budget Form Administrative Total Cost (Not to Total WIOA Cos Match/In Kind Exceed 10%) Program Cost Personnel Salaries 1 Case Manager (1 0 FTE) $52,000.00 $52,000.00 2 Program Coordinator (0.20 FTE) $11,024.00 $11,024.00 3 Grants Manager (0.20 FTE) $9,984.00 $9,984.00 Program Coordinator (0.20 FTE) $2,205.00 $2,20S.00 Grants Manager (0.20 FTE} $1,997.00 $1,997.00 Total Personnel Salaries & Benefits $0.00 $87,610.00 $87,610.00 $0.00 Operating Expenses lities Fees Fees Maintenance Insurance Equipment rental fees* Equipment rental fees° Vehicle lease* Office expenses (consumables) — — ........ $1,820.00 ......... ......... _. $1,820.00 ... Accounting Services.. Legal Services Auditing Services Indirect Cost* $10,000.00 $10,000.00 $10,000.00 Staff Training Staff Conferences - --- StaffTravel/Mileage $150-00 $150.00 Participant Wages* $50,500-00 $50,500.00 Supportive Services* _ $2,500.00 $2,500.00 Participant Incentives* $1,000.00 $1,000.00 Youth Conferences $920.00 $920.00 Youh Follow up Services 1 $5,S00.001 $5,S00.00 Total Operating Expenses $10,000.00 $72,390.00 $72,390.00 $0.00 BRAND TOTAL (personnel+operating) $10,000.00 $160,000.00 $1.60,000.00 $0.00 City Council 16 - 283 7/6/2021 EXHIBIT G EXHIBIT 3 Budget Form BudeetForm Instructt_QllsJoLYP—N Membership All costs related to the program activities described In the proposal must be included on the Budget Form. A budget narrative must be attached on a separate sheet of paper for all line items marked with an " asterlsk. -- ... — . _ ...................... Personnel Salaries: List each individual position dedicated to this project. List title, percentage of full time equivalent (FTE) or the amount of time to be charged to this project. .......................—_...__............................................................... _.. -'r3rEff�ii3:—iiSt�ClYiTiCiY4 �G�C7ai`FfOS4ttQ5 i'iifdfCa R:{i LO�"i1�SjJiTljeCt-�l$i iitlYErp2fTt'ttiaBL O-�fllii-LTtT(E e'q'OTV�iIETIi (FTE) or the amount of time to be charged to this project. OPERATING EXPCN .. _... ................................._._ ...................................................................... .— Rent or User Fee: Provide percent of office space that will be charged to this project. Describe how percentage was determined. Equipment Rental Fee (equipment may not be purchased): List items that will be used for this project. Provide percent of rental fee that will be charged to this project. Describe how percentage was determined. .................................................._........_ ................. ..._-- - Vehicle Lease (vehicles may not be purchased): Provide list of vehicles dedicated for this project. Describe vehicle use and percentage of use that will be charged to this project. Describe how percentage was Indirect Cost: Provide indirect cost rate plan. Participant Wages: Describe costs directly related to individual participants such as paid training and/or work experience. Include number of youth, hourly wage, benefits and bonuses. Include length of activity. Support Services: Attach policies and procedures For supportive services. Policy must include spending limits. Participant Incentives: Indicate the type of payment, rate of payment and describe what youth must achieve to receive the incentive. Other: This item may include fieldtrips and youth stipends. All items must listed and include cost details. States, local governments and non-profit institutions who receive $500,000 or more in federal funds in a fiscal year shall meet the audit requirements of the OMB Circular A-133, "Audits of States, and Local City Council EXHIBIT G 16 — 284 7/6/2021 EXHIBIT 3 COMPLAINT HANDLING UNDER THE Workforce Innovation Opportunity Act Santa Ana Local Workforce Development Area Revised May 20, 2019 City Council ------- 16 — 285 7/6/2021 EXHIBIT 3 Table of Contents I. Information Regarding Complain A. Nondiscrimination and Equal Opportunity Complaints 1. Policy 9 �. Civil �tig t—� _..._..__ _4 3. Nondiscrimination laws under WIOA 4. How to File Your B. Criminal Complaints CI II. General Procedures for Handling Non -Criminal Violations of the Act_ .......6 III. Procedures for Handling Complaints at the LWDA Level 8 IV. Procedures for Handling Complaints at the State Level _ ........................................ ._12 V. Procedures for Handling Discrimination Complaints by Participants 15 VI. Procedures for Handling Disability Complaints by Participants. GLOSSARY OF WIOA TERM 17 City Council EXHIBIT E16 — 286 7/6/2021 EXHIBIT 3 Information Regarding Complaints A. Nondiscrimination and Equal Opportunity Complaints 1. Policy Statement In carrying out the purpose of the Workforce Innovation Opportunity Act (WIOA), the City of Santa Ana Local Workforce Development Area (LWDA) will establish programs to prepare youth and unskilled adults for entry into the labor force and to affcud�ak�tcainaag_tau[Izose:_inrJ�+cida�als-facinr}ser��aus-barriers-to-pn-!ploxmec�± effort will be made to provide services necessary for eligible individuals to obtain productive employment. In implementing WIOA, all contractors in the Santa Ana LWDA will foster equal opportunity and non-discrimination, as provided in State and Federal equal opportunity and non-discrimination laws including, but not limited to. • Title VI of the Civil Rights Act of 1964 • Title VII of the Civil Rights Act of 1964 • The Age Discrimination Act of 1975, as amended • Section 503 of the Rehabilitation Act of 1973 • Section 504 of the Rehabilitation Act of 1973 • Title IX of the Education Amendments of 1972 • Section 188 of the Workforce Innovation Opportunity Act of 2014 In keeping with our commitment, no individual shall be excluded from participation in, denied benefits of, subjected to discrimination under, or denied employment, in the administration or of in connection with any WIOA funded program because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. Participation in programs and activities financially assisted in whole or in part under WIOA shall be open to citizens and nationals of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugee, parolees, and other individuals authorized by the Attorney General to work in the United States. No individual will be intimidated, threatened, coerced, or discriminated against because of filing a complaint, furnishing information, or assisting or participating in any manner in an investigation, compliance review, hearing or any other activity related to the administration of WIOA. City Council EXHIBIT �6 — 287 7/6/2021 EXHIBIT 3 Administration responsibility for this Equal Opportunity/Affirmative Action (EO/AA) Program is delegated to the Equal Employment Opportunity (EEO) Officer for the Santa Ana local Workforce Development Area. Equal opportunity and non- discrimination, however, will only be achieved through leadership and implementation of a viable Affirmative Action Equal Opportunity Program. 2. Civil Rights No one applying for or enrolled in the Workforce Innovation Opportunity Act (WIOA) programs may be discriminated against because of race, color, creed, disability, national origin, sex, age, political affiliation, or beliefs. This means that — for any of the characteristics listed above. • You may not be denied the opportunity to enroll in WIOA. • No benefits or services may be denied you for discriminatory reasons. • You may not be segregated or treated any differently from other applicants or participants, while you are being registered, interviewed, counseled or tested; or while you are working or attending classes as part of the program. • You must be provided an equal chance to use all facilities available in the program. • Fair employment practices must be provided to all staff with regard to recruiting, hiring, transferring, promotions, training, compensation, benefits, layoff, and termination. You have the right to make a complaint if you feel you have been denied any of the above opportunities. You cannot in any way be penalized for filing a complaint. Your WIOA sponsor has established a mechanism for handling complaints and grievances. Your complaint must be filed within 180 days. All complaints will be handled confidentially. 3. Nondiscrimination Laws under WIOA Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, national origin, or religion. The Age Discrimination Act of 1975 Prohibits arbitrary discrimination against persons' age 40-70. The Rehabilitation Act of 1973 City Council EXHIBIT ) 6 — 21111 7/6/2021 EXHIBIT 3 Prohibits discrimination based on disability. Title IX of the Education Amendments of 1972 Prohibits discrimination in any education or training program or activity receiving federal financial assistance. OTHER CIVIL RIGHTS LAWS: Title VII of the Civil Rights Acts of 1964 Prohibits discrimination in employment based on race, color, religion, sex, or national origin in all terms and conditions of employment and establishes the Equal Employment Opportunity Commission as the administrative agency. White House Executive Order no. 11246 as Amended by Executive Order No. 11375 Creates the office of Federal Contract Compliance and prohibits discrimination based on race, color, sex, religion, or national origin. Department of Labor Secretary's Order no. 4-73 Prohibits discrimination based on sex. Equal Pay Act of 1963 Prohibits pay differential solely because of sex. Emergency Employment Act of 1971 Prohibits discrimination based on race, creed, national origin, political affiliation, or beliefs. 4. How to File Your Complaint a. Put your complaint in writing. b. Have it sworn to before a notary public, if possible. c. Provides details that tell what happened, where it happened and when it happened. d. Give the name and addresses of all persons who were present or who had anything to do with the matter. ...Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation and citizenship, must be filed within 180 days of the alleged occurrence directly with. City Council EXHIBIT 06 — 289 7/6/2021 EXHIBIT 3 Director Civil Rights Center U.S. Department of Labor, Room N-4123 200 Constitution Ave., NW Washington, D.C. 20210 Complaints on the basis of disability must be filed within 180 days of the alleged occurrence. These complaints must be filed directly with the WIOA administrative entity. The WIOA administrative entity shall issue a written decision within 30 days of the filing-efhe-complai �i .lfhe-°omplain is�ti!!-Hnrssod ®d -ar appeal--rxa; be -mace to the Chief of State Workforce Investment Division Office. The Department of Labor, the Civil Service Commission, the Equal Employment Opportunity Commission, and many other offices and agencies are committed tc assuring equal employment opportunities for all persons. They will protect you. A case may be taken to court if the other processes do not yield satisfactory results. You may hire your own lawyer, or if you cannot afford one, the court may appoint one for you. It is unlawful for an employer, union, or employment agency to punish you or any witness for attempting to present the facts in a case. YOUR CIVIL RIGHTS UNDER THE WORKFORCE INNOVATION OPPORTUNITY ACT Santa Ana Local Workforce Development Area 801 W. Civic Center Drive, Suite 200 Santa Ana, CA 92701 (714)565-2600 B. Criminal Complaints In accordance with the WIOA and the implementing code of Federal section 667.600.... Federal handling of criminal complaints and report fraud, abuse and other crit-ninal activity. "All information and complaints involving fraud, abuse or other criminal activity shall be reported directly and immediately to the City of Santa Ana and the Secretary of Labor." General Procedures for Handling Non -Criminal Violations of the Act The following procedure is promulgated to meet the requirements of Title 20, of the Code of Federal Regulations, Section 186 through 188 of the WIOA regulations, and Section 181 of the Act (Public Law 105.200: 29 U.S. Code Sec. 2931 et seq.) at the State and LWDA level for the receipt, investigation, hearing, and resolution of complaints by WIOA participants, sub City Council EXHIBIT d6 — 290 7/6/2021 EXHIBIT 3 recipients, applicants for participation, or financial assistance, labor unions, community based organizations, or any other persons. These procedures provide for resolution of non -criminal complaints arising from the operation of the Santa Ana LWDA. A complaint is defined here as a written expression by a party alleging a violation of the Act, regulations promulgated under the Act, recipient grants, sub agreements, or other specific agreements under the Act, including terms and conditions of employment of such participants in employment training programs. All complaints, amendments and withdrawals shall be in �o�r-itis�� These-prnceduzps-are-inf�an�ed-ta-ros,la�raaiters�:�!�ish�orrserr-po!isiss�prosedttre� or action(s) arising in connection with WIOA programs operated by each LWDA grant recipient and sub recipient under the Act. These procedures shall not be construed as affecting any other available legal remedy outside of the WIOA complaint process (i.e., disputes regarding terms and conditions of employment of any employee who is not a participant), either separately or simultaneously, that a person may wish to pursue in the resolution of a non-WIOA complaint. Also, these procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion Procedures do not restrict the LWDA grant recipient staff in carrying out informal discussion and resolution of any problems outside of and without resort to the formal complaint procedure. A. The following principles and rules apply to all complaints at all steps of the complaint procedures' All complaints must be made in writing within 180 days of the alleged occurrence, except complaints alleging fraud or criminal activity. 2. All persons filing a complaint shall be free from restraint, coercion, reprisal, or discrimination. Good faith efforts shall be made to informally resolve the complaint prior to the scheduled hearing. Complainants have the right to withdraw their complaints (in writing) at any time prior to the hearing. A complainant may amend his/her complaint to correct technical deficiencies but not to add issues. 3. Complainants shall have the right to be represented at their own expense by person(s) of their choosing at all levels of the complaint process. 4. Upon enrollment into employment or training, participants shall be provided with a written description of these procedures, including notification of their right to file complaints and instructions for filing. An employer of participants, including private -for -profit employers of participants, may use this or other complaint resolution procedures so long as the participant is informed of the complaint resolution procedure they are to follow and the time frames governing review of complaints are met. City Council EXHIBIT g6 — 291 7/6/2021 EXHIBIT 3 A "participant", within the meaning of these procedures, is an individual who receives employment -training services under a program funded by Santa Ana LWDA. The Complaint Resolution Procedures contained herein (or the alternative procedures which an employer may use) shall be available to participants to resolve disputes regarding items and conditions of employment of such participants in employment training programs. However, such procedures shall not be used to resolve disputes regarding terms and conditions of employment of any employee who is not a Participant, as defined herein. 5. If a complaint does not receive a decision at the LWDA grant recipient level within 60 —-�Iarys�f_fil ng_the_comptalnt-or-receiu�s a.n_unsatisfactor;�eci�i�nrthp comp!ainwnr - then has a right to request a review of the complaint by the Governor. Complainants must initially file and exhaust LWDA grant recipient/hearing procedures prior to appealing to the State except where the State determines that the LWDA grant recipient's procedures are not in compliance with the State's procedures. III. Procedures for Handling Complaints at the LWDA Level A. Receipt Complaints Pursuant to the WIOA regulations found at 20 CFR, Section 683.600, the LWDA administrative entities have the responsibility to conduct hearings and resolve complaints made by individuals about the administration of programs in the LWDA. "LWDA level" encompasses LWDA administrative entity and employers to which the administrative entity has delegated the complaint resolution process. The following comprise the guidelines for resolving issues arising in connection with WIOA programs operated by the Santa Ana LWDA including resolutions of complaints arising from actions, such as audit disallowances or the imposition of sanctions taken by the Governor with respect to audit findings, investigations or monitoring reports. 1. Form and Filing of Compliant Official filing date of the compliant is the date the written complaint is received. The filing of the complaint with the Santa Ana LWDA Equal Employment Opportunity Officer shall be considered as a request for hearing and a decision must be issued within 60 days. The complaint must be in writing and must be signed and dated. The complaint should also contain the following information: a. Full name, telephone number, if any, and mailing address of the complainant; b. Full name, telephone number, and mailing address of the agency involved (respondent); c. Clear and concise statement of facts including dates constituting alleged violation; d. What provisions under the Act, regulations, grant or other agreements under the Act, are believed to have been violated; City Council EXHIBIT E16 — 292 7/6/2021 EXHIBIT 3 e. Remedy sought by the complainant; and If the complainant is a private or public entity or corporation, and not a natural person, the filing of the complaint must be duly authorized by the governing body of such entity or corporation. The absence of any of the requested information shall not be a basis for dismissing the complaint. A copy-oYttte�cmpiim'nrm=-15-e-gerft to the re!�poon ehft and-bof tfpart e-s notified of-h-e- -- opportunity for an informal resolution. At each step of the complaint process, the complainant must be notified in writing of the next procedural step. 2. Informal Conference Informal conferences will be utilized by the Santa Ana LWDA to resolve complaints; however, such informal conferences shall not extend the time within which a decision must be issued after receipt of a complaint. Attempts at informal resolution will commence with two (2) weeks of the date of filing of the complaint. a. The EEO Officer will review the case and ascertain facts prior to the conference so that appropriate resolution can take place at the time of this meeting whenever possible. b. Although the complainant should be encouraged to attend this conference, his/her failure to do so should not preclude his/her right to request a hearing on the matter. c. If mutually satisfactory resolution results and the Santa Ana LWDA concurs, the EEO Officer will write a brief report for the file stating the issues and resolution. The matter shall then be considered closed. d. If resolution does not result, the complainant shall be provided the necessary information and assistance to request a hearing if he/she so desires. 3. Request for Hearing a. As in the case of the complaint, the request for a be filed in person or by mail. A governing board should also be submitted when appropriate. The Jennifer Sommers Sr. Personnel Analyst - EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714) 647-5348 hearing should be put in writing and resolution of authorization to appeal request should be filled with: City Council EXHIBIT d6 - 293 7/6/2021 EXHIBIT 3 b. A hearing will be scheduled by the EEO Officer within thirty (30) days of the date of filing of the complaint. 4. Notice of Hearing Upon receipt of the request for hearing, the complainant and the respondent will be notified in writing of the hearing ten (10) calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of the parties. A decision will be issued by the Santa Ana LWDA within sixty (60) days of the date of filing of the complaint. The hearing notice shall be in writing and contain the following information: a. The date of notice, name of the complainant, and the name of the party against whom the complaint is filed. b. The date, time and place of hearing before an impartial hearing officer. c. A statement(s) of the alleged violation(s) d. Advise as to where information or assistance may be obtained, and the name, address, and telephone number of the Santa Ana L.WDA Equal Employment Opportunities (EEO) Officer who can answer inquiries. B. Conduct of Hearing The hearing shall be conducted in an informal manner with strict rules of evidence not applicable. Unnecessary technicalities should be avoided. It should provide the flexibility to enable adjustment to the circumstances presented. 1. The hearing officer shall have complete independence to obtain facts and make decisions. The hearing officer shall be in a position to render impartial decisions and thus should not be subordinate to the Santa Ana LWDA or its sub recipients. The hearing officer will be selected from a list of names on file with the EEO Officer. 2. Full regard must be given to the requirements of due process to insure a fair and impartial hearing. 3. The hearing office designated by the EEO Officer to function in a quasi-judicial capacity should begin the hearing by summarizing the record and the issue and should explain the manner in which the hearing will be conducted, making sure that everyone involved understands the proceedings. Such explanations should be adapted to the needs of the specific situation. The hearing officer might take testimony under oath or affirmation to give some assurance of veracity to the hearing. City Council EXHIBIT E16 — 294 7/6/2021 EXHIBIT 3 The burden of proof should be reasonable and flexible, dependent upon the circumstances of the case involved. The hearing officer determines the order of proof. Generally, the party making the complaint has the obligation of establishing his or her case and should be examined first. The party involved should have the right to be represented (at their own expense) he/she so desires. Other he/she is limited to his/her own abilities and those to the hearing officer in obtaining testimony in the case. 6. It is important that the hearing officer obtain the fullest information for the record. If the parfi�s-inrouivez��n�treir�repr�ematives;zio�to'i k�o��iirfYf�r`I�ht�r�csri?nen� questions in pursuing their right to due process, it shall be necessary for the hearing officer to step in to have all the materials and relevant facts elicited. The practice in informal hearings is generally not to apply strict rules of evidence in obtaining facts. However, the quantity of evidence required to support a decision on an issue should be sufficiently credible that the state (or other appropriate agency), upon reviewing the decision, would conclude that the decision is supported by substantial evidence. 8. The hearing officer should attempt to negotiate a resolution of the issue at any time prior to the conclusion of the hearing. 9. Within ten (10) days of the conclusion of the hearing, the hearing officer will issue a recommended decision to the LWDA for final determination. The recommended decision shall be in writing and may be accepted, rejected or modified by the Santa Ana Workforce Development Board. C. Issuance of Decision Within sixty (60) calendar days of filing of the complaint, the Santa Ana LWDA shall issue a written decision to all parties by first class mail. The final decision shall contain the following information: 1. The name of the parties involved. 2. A statement of the alleged violation and issues related to the alleged violation. 3. A statement of the facts. 4. The decision and the reasons for the decision. 5. A statement of corrective action, if any, to be taken. 6. Notice of the right to request, within ten (10) calendar days of receipt of the decision, a review of the decision by the State Review Panel. City Council EXHIBIT E16 — 295 7/6/2021 EXHIBIT 3 D. Record of Hearing An administrative file containing support documents on the complaint resolution process hearing conducted will be retained by the Santa Ana LWDA. The purpose of a record is to serve as substantiation of the process followed by the Santa Ana LWDA on the resolution of the issues and the results. This Information would then be available for subsequent review in the event the matter is raised with the State. Such records must be retained for a three- year period after the grant has been officially closed out. The Santa Ana LWDA's written decision will be included in the record. Evidence received at the hearing, notes by the hearing officer, stenographer's notes and tape recordings may E. Establishment of Complaint Procedures In accordance with Section 683.600, each employing agency including private -for -profit employers of participants under the Act is required to establish a complaint procedure for resolving matters relating to the terms and conditions of employment. Employers may operate their own grievance system or may utilize the Santa Ana LWIDA's established procedures under Section 683.600. At a minimum these procedures must include. Written notice, upon enrollment into employment training services, of the scope and availability of such procedures. Employer's grievance procedures shall be set forth in a written document and must meet the regulation mandate that a complaint will be resolved with sixty (60) days from the date the complaint was filed. A copy of employer's grievance procedure shall be provided to each participant upon enrollment in employment training. 2. Written notice, at the time the grievance is filed, of the procedures under which the grievance will be processed. 3. Written notification of the disposition of the grievance and a written decision shall be issued within thirty (30) days of the filing of the grievance unless a present and long established grievance specifically provides other limits; and 4. Written notification of the participant's right to request a review of the employer's decision by the Santa Ana LWDA and the State Review Panel in accordance with Section 683.600. IV. Procedures for Handling Complaints at the State Level Section 181 (c) of the Act and the WIOA regulations at 20 CFR, Section 683.600 (d) requires the Governor to establish a State Review process of complaints filed at the LWDA grant recipient level and of complaints initially filed at the State level. Appeals of decisions issued at the LWDA level including audit disallowances and sanctions shall be reviewed by the State Review Panel. The State Review Panel shall review the record City Council EXHIBIT g6 — 296 7/6/2021 EXHIBIT 3 established at the LWDA level and shall issue a decision based on the information contained therein. Complaints which may be initially filed at the State level will be heard by an independent hearing officer designated by the State Workforce Investment Division (WID). The hearing officer shall conduct a hearing and issue a recommended decision to the State Panel. The recommended decision shall be in writing and may be accepted, rejected or modified by the State Review Panel. A. Form and Filing of Complaint. 1. Request for State Review of LWDA Level Decisions On receipt of a complainant's request for review because of an unsatisfactory decision, the State shall provide for an independent state review. 2. Filing of Requests for State Review The State Review Panel shall review all LWDA level decisions when a request for review is filed within 10 days of receipt of the adverse decision. Such requests must be filed in writing with the Chief of the WID Office. The request for review should contain the following information: a. Full name, address, and telephone number of the party requesting the review b. Full name, address, and telephone number of the other party c. A copy of the decision d. Brief statement of reasons for review or the section of the LWDA decision to be reviewed including regulatory and statutory citations e. A statement of the relief sought. 3. Complainant Responsibility It is the responsibility of the complainant to include in the request for review a written statement setting forth the facts presented at the LWDA hearing which support the requested relief. The Chief, WID, shall mail a copy of the request for review to the other party and to the LWDA. It shall be the responsibility of the LWDA to submit the complete record including a typed record of the hearing to the Chief, WID, within ten (10) days. B. Conduct of Hearings. 1. Request for Hearing at the State Level City Council EXHIBIT 06 — 297 7/6/2021 EXHIBIT 3 If no decision has been issued at the LWDA level or the State has determined an audit disallowance or imposed sanctions, the complainant may request a hearing. The hearing officer will then issue a recommended decision to the State's Review Panel for final determination. 2. Filing for Request for Review The request for a State hearing shall be filed within ten (10) days after LWDA should have issued a decision or ten (10) days after the issuance of the audit disallowance or sanction. The request shall be filed directly with the Chief of the WID in writing and a. Full name, address, and telephone number of the LWDA b. Name, address, and telephone number of the LWDA C. Copies of complaints made at LWDA level from which no decisions were issued or sanctions and imposed. d. A statement of basis for the request for hearing. 3. Evidentiary Hearing Upon receipt of the request for a State level hearing, a hearing before a designated hearing officer will be scheduled. The hearing will be recorded mechanically or by court reporter. Both parties concerned will have the opportunity to present oral and written testimony under oath, to call and question witnesses in support of his/her position, to present oral and/or written arguments, to examine records and documents relevant to the issue(s), and to be represented. The hearing officer shall issue a written decision, which shall be forwarded to the State Review Panel for final determination. The State Review Panel may accept, reject or modify this recommendation, The decision of the State Review Panel is final except for audit disallowances, which must be approved by the Secretary of Labor C. State Review Panel The State Review Panel will consist of a panel of three representatives from the Employment Development Department: one from the Legal Offices, one from the WID, and one from the Director's office. The panel will issue a written decision, which will be sent to the appropriate parties within thirty (30) days of receipt of the request for State review. City Council EXHIBIT 06 — 298 7/6/2021 EXHIBIT 3 Decisions issued by this panel, under the authority of the Governor, are final. D. Issuance of State Review Decision. The State review will be limited to violations of the WIOA, implementing WIOA regulations or the grant agreement. This review shall be limited to the record established at the LWDA hearing. V. Procedures for Handling Discrimination Complaints by Participants. A. Complaints on the basis of race, color, or national origin, age, sex, religion, political affiliation or belief, retaliation, and citizenship, where appropriate, must be filed within 180 days of the alleged occurrence. 1. It is the responsibility of the Santa Ana LWDA's Equal Employment Opportunity (EEO) Officer to determine jurisdiction and to make the complainant aware of and provide assistance in filing a complaint in accordance with the Santa Ana LWDA's procedure under Section II (A). City Council EXHIBIT E16 — 299 7/6/2021 EXHIBIT 3 No later than 180 days of alleged discrimination Within 10 days of receipt of unsatisfactory decision or 1.0 days from date LWDA decision should have been issued. Handling of complaints filed at LWDA level arising in connection with WIOA programs operated by LWDAs _.informai Resoiution Process Unsatisfactory Decision or LWDA Decision not issued within 60 days Request for State Review Governor's Decision issued by State Review Panel If no decision issued by State Review Panel Appeal to DOL City Council EXHIBIT E16 — 300 7/6/2021 EXHIBIT 3 u 2, In cases where areas of authority overlap, it is th advise the complainant of the existence of State, agencies, which may also have a bearing. e responsibility of the EEO Officer to Federal and other proper action 3. Complainants alleging discrimination under this part will be made aware of their right to file directly with the Office of Civil Rights (OCR), U.S. Department of Labor and applicable procedures. 4. Complainants must file their complaint directly with: Sr. Personnel Analyst — EEO Officer 20 Civic Center Drive, M-24 Santa Ana, CA 92701 (714)647-5348 Procedures for Handling Disability Complaints by Participants Complaints alleging discrimination on the basis of disability will be filed and processed under the Department of Labor regulations implementing Section 504 of the Rehabilitation Act of 1973 at 29 Code of Federal Regulations Section 32. 1. Complaints must exhaust the Santa Ana LWDA's informal resolution procedures before filing their complaint with OCR. 2. Complainants will be made aware of the 180 days requirement in which to file his/her complaint. A. Procedures at the LWDA Level The complainant shalt file his/her complaint directly with the Santa Ana LWDA. Upon receipt of the complaint, the EEO Officer shall investigate and gather information concerning the complaint. 2. An informal conference will be held with the parties concerned in an effort to resolve the issue(s). The complainant has the right to be present and may be represented during the conference. The Santa Ana LWDA shall issue in writing its decision to the complainant no later than thirty (30) days after the filing of the complaint. B. Procedures at the State Level 1. The complainant may appeal to the State if he/she is not satisfied with the decision of the Santa Ana LWDA, City Council EXHIBIT 06 — 301 7/6/2021 EXHIBIT 3 2. The Complainant must file his/her appeal as a request for review directly with the Chief WID within ten (10) calendar days after the receipt of the Santa Ana LWDA's decision. 3. The Chief-WID, shall issue a decision no later than thirty (30) calendar days after receipt of the request for review. 4. After the complainant has received a decision or no decision has been received from the Director of Employment Development Department (on behalf of the Governor), the complainant has the right to appeal his/her complaint within thirty (30) calendar days to the Office of Civil Rights (OCR) with the Department of Labor. City Council EXHIBIT El — 302 7/6/2021 EXHIBIT 3 LROCEDURES FOR HANDLING COMPLAINTS ON BASES 0 F DISABILITY P No later than 180 days of alleged discrimination Filed within 30 days of LWDA/State Decision or 90 days from date of initial filing of complaints . . . . ..... . ............ --- Filing of complaint on the basis of Disability with LWDA Informal Resolution o If no resolution reached Request for Hearing I E: Notice of Hearing FHearing Conducted I . .. . ........ LWDA Decision o o Unsatisfactory Decision or No Decision o State Review I. . . . . . . ................................ Governor's Decision ............................................ Appeal to Assistant Secretary Department of Labor Day 1 Day 145 Day 60 Days City Council EXHIBIT g6 — 303 7/6/2021 EXHIBIT 3 AGE DISCRIMINATION ACT — A law passed by Congress in 1975 which prohibits discrimination on the basis of age by any program or activity receiving Federal Funds. APPLICANT — An individual who applies to a subrecipient or contract for services provided under WIOA and who has not yet transitioned to the status of participant. ASSFaSMENT tarmir�.._ear4_par[ _waes Sl lgUecli iciaanL'.s_empimiability�a �apbtudes,biiities— and interests and to develop a plan to achieve the participant's employment and related goals; also to identify the available employment and traning activities appropriate for the participant. Testing and counseling may also be used during assessment process. CHARGING PARTY (CP) COMPLAINANT GRIEVANT OR AGGRIEVED PERSON — The person who charges that he/she has been discriminated against under Department of Justice nondiscrimination and civil rights regulations and/or guidelines. DISCRIMINATION — In general, a failure to treat all equally, whether intentional or unintentional; the effect of an action, policy or practice which selects an individual or class of persons to receive unequal treatment. ELIGIBLE_ NON -CITIZEN — Lawfully admitted permanent resident, aliens, lawfully admitted refugees, and parolees and other individuals authorized by the Attorney General to work in the United States. EMPLOYER — An employer subject to the provisions of the Civil Rights Act of 1964, as amended, including state and local governments and any Federal agency subjects to the provisions of Section 717 of the Civil Rights Act, as amended; and any Federal contractor or subcontractor covered by executive Order 11246, as amended. GRIEVANCE — An allegation that something imposes an illegal obligation or burden or denies some equitable or legal right, or causes injustice . INDIVIDUAL WITH A DISABILITY — Any individual who has a physical or mental disability that constitutes or results in a substantial challenge to employment. INTAKE — Includes screening to determine eligibility; to select from eligible applicants those individuals who are most in need and can benefit from program services, to complete procedural requirements necessary to enroll an individual into the program and to refer those not enrolled to other programs. JOINT COMPLAINT — A complaint of employment discrimination covered by Title VII or the Equal Pay Act and by Title VI or Title IX. Individual "joint complaints" are normally investigated by EEOC unless OCR has a compelling reason to investigate. "Joint complaints" alleging discrimination in employment and other practices and pattern or practice "joint complaints" are normally investigated by OCR. City Council EXHIBIT 06 - 304 7/6/2021 EXHIBIT 3 JURISDICTION — Authority to investigate and resolve complaints against an institution subject to a law or statute which has been assigned to OCR for enforcement, i.e., Title VI, Title IX, etc. PARTICIPANT — Any applicant who has: (1) Been determined eligible for participation upon intake: and (2) Who is receiving subsidized employment, training or services (except post -termination services) funded under the Act, following intake, except for an individual who receives only outreach and/or intake and assessment services. City Council EXH1131T E16 — 305 7/6/2021 EXHIBIT 3 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS. LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of _ fhe undersigned,to any person tor influencing�Fe—m—pTmg -I—o-i—nfluence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipient's shall certify and disclose accordingly. This certification is a matenaf representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure occurring on or before October 23, 1996, and of not less than $11,000 and not more than $110,000 for each such failure. CVOC. DBA Proiect Kinship WIOA Youth Program Grantee/Con te�tractor Organization Program Title 1&�, Signature Ted Kim Name of Certifying Official Signature City Council 16 — 306 7/6/2021 EXHIBIT 3 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; Exhibit G City Council 16 — 307 7/6/2021 EXHIBIT 3 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. 5/2112021 Date Program Operator Signature Exhibit G City Council 16 — 308 7/6/2021 EXHIBIT 3 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: CVOC, DBA Project Kinship hl�r�t� Uf_Caalr�.Gtctc:�Vs���rt_I�irt�—_ Contractor Number: A-2020- Date: July 1, 2021 - June 30. 2022 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 2215 North Broadway Suite 2 Santa Ana CA 92706 Address Exhibit G City Council 16 — 309 7/6/2021 EXHIBIT 3 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions 1`his certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' Responsibilities. The regulations were published as Part VII of the May 16, 1988, Federal Register (Pages 19160-19211). (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three-year period preceding this proposal been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated In paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, suAh prospective participant shall attach an explanation to this proposal. Charitable Ventures of Orange County, dba Proiect Kinship Grantee/Contractor Organization Ted Kim CFO Name and Title of Official Authorized to Certify On Behalf of the Grantee 05/20/2021 Date City Council EXHIBIT H 16 — 310 7/6/2021 EXHIBIT 3 INSTRUCTION FOR CERTIFICA1ION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other em-�dto5-- lj-gbte-t"Te Federartiovernmen fhe epaD rfinen —ot— abor (DISC) may pursue availa6Fe— remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that Its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principle", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared Ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will Include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, orvoluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available reredies, including suspension and/or debarment. City Council EXHIBIT H 16 — 311 7/6/2021 EXHIBIT 3 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts_ I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal_ We will provide records to show that we are fiscally solvent, if needed. ® We have, or will have, all of the fiscal control and accounting procedures needed to ensure that WIOA finds will be used as required by law and connect. ® We have additional funding sources and will not be dependent on WIOA fiends alone. We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance. ® Maintain record confidentiality, as required. ® Reporting financial, participant, and performance data, as required_ Comply with State and Federal fiscal and program activity audits. ® Complying with Federal and State non-discrimination provisions_ Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. ® Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) Procurement policies and procedures are in place and meet federal guidelines. We will not. Place a youth in a position that will displace a current employee. Use WIOA money to assist, promote, or deter union organizing_ ® Use funds to employ or train of persons in sectarian activities. ® Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIOA finds for activities that would interfere with or replace regular academic requirements for eligible youth who are not dropouts. ® Use WIOA fund, to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) arc only for youth eligible to participate under WIOA. Use WIOA money under this contract to purchase any equipment_ I hc�1 ss�t all of the above are true. 1 Tod Kim CFO 5/21/2021 Name Title Date City Council 16 — 312 7/6/2021 Francine R.° I°I'IB'P9T°a3 Villareal u,..zoan.D6«0..a.,M ON COlCLi CERTIFICATE OF LIABILITY INSURANCE OATE(MN1YYYI oTr3a202zoao THIS CERTIFICATE IS 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 BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: R the certificate holder Is an ADDITIONAL INSURED, the pollcy(tes) must have ADDITIONAL INSURED provisions Or be Bodo; ed. It SUBROGATION IS WAIVED, subloct to the terms and conditions of the policy, celfaln policies may require an andamoment A statement On PA0011cm Dickerson Insurance Servioos on Alcm Group Company 1918 Riverside Drive, Los Angeles, CA 90039 License Y.0M29112 INSURED Charitable Ventures of Orange County 4D41 MacArthur Blvd fie 10 Newport Beach, CA 92960.2503 COVFRAGFR CERTIFICATE NUMBER' Fill. /w.1Tt-T Ic1iIIFTr 1?B1tll ;1=1;i:A 39152 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 CONTRACT 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N R TYPEOPINSURANCE CY U WR LI N LIMITS A COMMERCVU-SENEPALDABILITY CLAIMS -MADE ® OCCUR Sexual / Physical Abuse Y PHPK2137435 071162020 07116/2021 PACN OCCU gENCa s 1.000A00 I A FERTk o ED BxP tA.v cue pemon $ 100,000 6,000 PERSONALSADVINJIIRY 1,000,000 GENI-AGGREGATE LIMIT APPLIES PER: POUCY ❑,ECT L1LOC GENERAL AGGREGATE a 2,000,000 PRODUCTS- PAGO S 2,060.000 S/PA AGGREGATE 1 300,000 A AUTOMOBILE LIABILITY ANY AUTO °Urea° $CHfiWlEO HIRED IR ONLY HAD AUTOS ONLY AUrO80NLY Y PFIPK2137435 071152020 07/152021 BI DSINDL6 LI IT 5 1,000,000 BODILY INJURY War Pamun) S BODILY lwuiFy ewdeml s A a _ = d A uMBREUALIAD MDESS LIAS (=UR CLAIMS -MADE Y PHUB723821 07/1512020 07/162021 EACH OCCURRENCE 4.000,000 AWREGATa S 4,000.000 DED 10,000 a B wOfUERSCOMP SATION AND EMPLOYERS• LIABllltt ANY PROR41MWPARTNZPJFXECAnME YIN oFRcewNeNe excwoem �Y IMandefory In NH It S. ddeddbd Sc MIA SATIS0326700 0%/182020 07H 82021 fi.L. EACH ACCIDfiNT 1,000,000 H.L. WBfiASH-EA fiMPI.OYfi a 1,000,000 BL DISEASE -POLICY LIMIT 9 1,000,000 A Property l Equipment Coverage PHPK2137435 07/1b2020 07I16120T-1 mite Insurance 1 7,000 DESCPoPnON OF OPERATIONS ILOCATIONS f VEHx1LES (ACORD 101. Additional RemaMa SeNdub, mar M aaecred If mo,o spew Is towi:oH) CITY --Its officers, employees, agents, volunteers, and representatives are Included as Additional Insureds with respect to the operations of the named Insured subject to policy terms and conditions. ACORD 26 City of Santa Ana Risk Management Division, 41h Floor 20 Chic Center Plaza Santa Ana, CA 92702 ncil SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTNOR122ORHPRESENTATME NORA WOLKOFF 1 — 313 Nw*eo 6 APPRCMeD BY: Rick Mand9rmant Analyst EXHIBIT 3 9 ADDITIONAL INSURED ENDORSEMENT Insurance Company Philadelphia Indemnity Insurance Company This endorsement modifies such insurance as is offered by the provisions of Policy Number: PliPK2137435 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are narned as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the. operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performers by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or lirnits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Cornptorion ofthe rollowing, Including countersignature, is required to make this endorsornent ottoctive-) Effective 07/1512.02.0 this endorsement form part of Policy#PHPK2137435 Issued to (Name Charitable Ventures of Orange County Insured) / Countersigned by Nwue 2(Ja�f#a c ` City Council 16 — 314 ,�. y,„f Rf�kManggumaatr)iuis4m o, y ,,ff77 &APP�R1MpV�13y: - --- PixK fY}armycfncn[Anntyst 6 `-F jFr.;4$ kv+l+k�a 1ceT-✓4ffF F mrvd'hn Yet^. EXHIBIT 3 �gt� (']L CUVNY'Y Aaron Reyes Charitable Ventares/Project Kinship 2215 N Broadway Suite 2 Santa Ana, CA 92706 Audrey Goodson Santa Ana WORK Center 801 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701 RE: Non -Owned Vehicles Dear Audrey, This letter is to affirm the Charitable Ventures/Project Kinship will not use Non -Owned vehicles for transportation of participants enrolled into the WIOA or P2.E program or any City of Santa Ana affiliated program. Should you have any questions, please fcel free to reach me at (714) 941-8009 X114 or by email at n_;}rtuox ticinsl iorg. Sincerely, meyes ire(cof J Operations Prgject Kinship City Council llslfirF r i RlckMmagvnrnn[blWt�n p I.�Ln MPRWmaY: [ftYlaMaongemtticAbiaty£t f•N�:;.v EXHIBIT 3 SUBRECIPIENT COMPLIANCE FORM Instructions: Please complete this form, sign and submit to the Santa Ana Workforce Develooment Board Subrecipient Charitable Ventures of Orange County dba Project Kinship Agreement Date July 1, 2021-June 30, 2022 Agreement Amount $160,000.00 Dun and Bradstreet Data #022084889 J_lniverse Numbering System Catalog of Federal Domestic Assistance (CFDA) The Catalog of Federal Domestic Assistance (CFDA) is a government -wide compendium of Federal programs, projects, services, and activities that provide assistance or benefits to the American public. It contains financial and nonfinancial assistance programs administered by departments and establishments of the Federal government. The primary purpose is to assist users in identifying programs that meet specific objectives (for more information refer to: www.cfda.gov) CFDA Title & Number: WIA Youth Activities #17.259 initial if you understand and agree with the above statement Monitoring - Subrecipient will or may be monitored by officials from the City, State, or Federal entities. Monitoring may include the review of the subrecipient's use of Federal awards through reporting, site visits, regular contact, or other means to provide reasonable assurance that the Subrecipient administers Federal awards in compliance with laws, regulations, and the provisions of contracts or grant agreements and that performance goals are achieved. initial if you understand and agree with the above statement Audits Subrecipient's expending $750,000 or more in Federal awards during the fiscal year must have met the audit requirements of OMB Super Circular section 200.501 within 9 months of the end of the subrecipient's audit period (refer to: Mtps://www.federalrepister.gov/documents/2013[12(26/2013-30465/uniform- administrative-requirements-cost-principles-and_audit-requirements-for-federal-awards ). Please provide documentation that demonstrates the most recent audit in compliance with the above mentioned OMB Circular. ❑ See Attached &Not Applicable /20�initial if you understand and agree with the above statement 5/21/2021 Chief Financial Officer Signature Date City Council 16 — 316 7/6/2021 EXHIBIT 3 AMERICANS WITH DISABILITY ACT (ADA) AND EQUAL OPPORTUNITY (E6) LAW SURVEY L Is there a minimum of 2 designated accessibility parking slots? Per Dept. of Rehab Sect. 504 YESO NO❑ II. Are parking slot occupants able to reach the building's entrance for the disabled without having to go behind any other cars, or any other barriers (curb, sidewalks, etc.)? Per Dept. of Rehab. Sect. 504 YES® NO❑ III. Is there a front door labeled with the international wheelchair access sign? Per Dept. of Rehab. Sect. 504 YES® NO❑ IV. Is the labeled entrance's threshold not higher than''/: Inch to allow for wheelchair access? Per Dept. of Rehab. Sect. 504 YES® NO❑ V. Is the door -handle to the labeled wheelchair entrance door, a lever handle (not a round doorknob)? Per Dept. of Rehab. Sect. 504 YESZ NO❑ VI. If any services are available on second floor, does the building have an elevator? Per Dept. of Rehab. Section 504 YES❑ NO® NAM VII. Does the classroom, working area, and break -room have enough room to maneuver a wheelchair and/or crutches? Per Dept. of Rehab. Sect. 504 YES® NO❑ Vill. Does the provider catalog/employee manual, contain the organization's Grievance Policy? Per CFR Title 20, 29, 41 YES® NO❑ IX. Is the Grievance Procedure and contact person made available in writing to the participant on or before the first day of program participation? Per CFR Title 20,29,41 YES® NO❑ X. If serving Limited English individuals, is the grievance procedure and procedures available in their language? Per CFR Title 20,29,41 YES® NO❑ XI. Is there at least one Internationally labeled accessible restroom for the individuals with disabilities? Per Dept. of Rehab. Sect. 504 YES® NO[] Xil. Does the toilet stall for individuals with disabilities have bars on each side of the wall? Per Dept. of Rehab. Sect. 504 YES® NO❑ Xlll. Is there a telephone reasonably accessible to handicap individuals? Per Dept. of Rehab. Sect. 504 YES® NO❑ XIV. Is there a water fountain reasonably accessible to disabled individuals? Per Dept. of Rehab. Sect. 504 YES® NO[—] City Council 16 — 317 7/6/2021 EXHIBIT 3 Xv. Are auxiliary (supplementary) aides available when requested bythe individual? Per CFR Title 20,29,41 YES® NO❑ Youth Service Provider Information: Print First & Last Name Service Provider Signature 2215 N. Broadway Ave. Santa Ana CA 92706 Business Address (714)597-6630 Business Phone Number Date All information is subject to validation by SAWDB staff upon approval of award. City Council 16 — 318 7/6/2021 Planning and Building Agency https://www.santa-ana.org/pb Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE: Historic Property Preservation Agreements RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s), subject to non - substantive changes approved by the City Manager and City Attorney. Historic Property Property Owner(s) Preservation Address/House Vote by HRC A reement No. Andy and Alice 2020-10 2119 N. Freeman 8:0.1 Hoan Street Frazier Absent Amy Raphael 2021-05 415 W. Nineteenth 8:0:1 Street Frazier Absent Peter and Evan 2021-08 2339 N. Heliotrope 8:0:1 Jackson Drive Frazier Absent 7:0:2 (Frazier Harris and Nancy 2021-07 2344 N. Riverside Absent and Feldman Drive McLoughlin Abstain DISCUSSION On May 13, 2021, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the above referenced Mills Act agreements with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract), which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). City Council 17 — 1 7/6/2021 Approval of Historic Property Preservation Agreements July 6, 2021 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2020-07 (2119 N. Freeman Street) • ER No. 2021-09 (415 W. Nineteenth Street) • ER No. 2021-27 (2339 N. Heliotrope Drive) • ER No. 2020-26 (2344 N. Riverside Drive) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,075.68 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2020-10 2119 N. Freeman Street $801.42 1-2 2021-05 415 W. Nineteenth Street $717.46 3-4 2021-08 2339 N. Heliotrope Drive $757.89 5-6 2021-07 2344 N. Riverside Drive $798.91 7-8 Total for All Properties: $3 075.68 EXHIBIT(S) 1. Mills Act Agreement — 2119 N. Freeman Street 2. HRC Staff Report — 2119 N. Freeman Street 3. Mills Act Agreement — 415 W. Nineteenth Street 4. HRC Staff Report — 415 W. Nineteenth Street 5. Mills Act Agreement— 2339 N. Heliotrope Drive 6. HRC Staff Report— 2339 N. Heliotrope Drive 7. Mills Act Agreement — 2344 N. Riverside Drive 8. HRC Staff Report — 2344 N. Riverside Drive Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 17 — 2 7/6/2021 HILLS, I CTA GREEMENT 2119 ,Vorth Freeman Street Santa Ana. CA 92706 RECORDING REQUESTED BY AND W1I1'N RI[CORDl:D MAII.TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Atm: Clerk of the Council I RLL RL('0RDING PURSUANT fir G0VL1CNMENICO L 5 27383 HISTORIC PROPERTY PRESFRVATTCIN AGREFMFNT This Historic Property Presersation Agreement ("Agreement"") is made and entered into by and between the City of Santa Aua, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinatter referred to as "City"), and Andy 1Chanh Hoang and Alice Quyen Hoang, husband and wife as community property with right of snr%ivorthip, (hereinafter collectively referred to as "Owner"), owner of real property locaccd at 2119 North Freeman Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners ol'qualified historical properties to provide for appropriate usq maintciancc, rehabilitation and restoration such that thcsc historic proper -tics retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2119 North Freeman Street, Santa Ana, CA, 92700 and more particularly described in Exhibit "A," attached hereto and incorporate(] herein by reference, and hereinafter referred to as the "llistoric Property'. C. The llistoric Property is officially designated on the Santa Ana Register of I listorical Properties punttant to the requirements ofChaptcr 30 of the Santa Ana Municipal Code. D. Cily and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limiti Lhc use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource. for Owner and for the conrmunit-y; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new buildinf;, and other changes are appropriate, and to crtsurc that rehabilitation and maintenance are canicd out in an exemplary matltrer- City Council 1 17 — 3 7/6/2021 Exhibit 1 HILLS, ICTnGREEMENT 2119 ,Vorth Freeman Street Santa Ana. C 1 92706 I.. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, fart 5 of Division 1 of Title 5, Article 12, Section 502M et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Scc. 439 a scq., Chapter 3 Part 2 of Division 1 of the California Tax grid Revenue Codc. NO'W, THEREFORE, the City of Santa Ana and the Owner of the ilisurric Property agree aA follows: Fffective Date and Ternns of Agreement. This Agreement shall be effective and commence on .tiny 7, 2021, and shall remain in effect for a term of tcn (10) year,, tha-cafter. Each year, upon the anniversary of the cflcctivc date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each ,year on the anniversary of the effective date of this Agrecrrrent, a ,year Ahall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is scrvcd as provided herein. I). If the Owner or the City desire(s) in any year not to rcucw the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. ihnless such notice is served by the Owner to the Cily at least ninety (90) days prior to the annual renewal date, or scrvcd by the City to the Owner at least sixty (60) days prior to the annual renewat date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner ma-y file a written protest of City's decision of nonrenewal- The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d- 11' either the Owner or the City serves notice to the other of nonrenewal in any year, the Agrccmcnt Shall remain in cf leek lot the balance of the tunn tlten icinalning cithol ]lot)] its original execution or fronn the last renewal of the Agrcanncnt, whichever may apply. 3. Standards and Conditions for historic Property. During the term of this Agrccmcnt, the Historic Property shall be subject tO the lilllowing conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "historical Property Dcseiption" attached 11CretO. marked as kxhibit It, notably the general architectural form, style, materials, design, scale, proportions, City Council z 17 — 4 7/6/2021 HILLS, ICTnGREEMENT 2119 ,Vorth Freeman Street Santa Ana. CA 92706 organization of windows, doors, and other openings, lexlures, details, mass, roof line, porch and other aspects of the appearance ofthe exterior to the satistaction of the City. b- All changes to the Historic Property shall comply with applicable City plans and It:gulations, and conform to the rules and regulations of tlrc Office ol'Hisun-ic Preservation of the State Department of Parks and Recreation, namely dxe U.S. Secretary of dxe Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference- Owner shall continually maintain the Historic Property in the same or better condition- C. A view corridor enabling, the general public to see the llistoric Property firm the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the properly Willi any new suuclure, such as walls, fences or sluubbery, so as to prevent the viewing of the historic landmark by the public- d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site: removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission: paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Couiinission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unr'epaired stucturce such as fences, roofs, doors, walls, and windows,- slorage ol'junk, trash, debris, discarded or unused objects such as cars, appliances, or furnilure.- and other unsightly by decoration, sh-uctrtre or vegetation which is unsightly by rcllaorr of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Iistoric Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equali7ation, to determine. the Owner's compliance with the terms and provisions of this Agrccmcrtl- A. Furnishing; of information. The Owner hereby agrees to furnish the City Willi any and all inl[nmalion requesled which may lie necessary or advisable to determine compliance with the teens and provisions of this Agrccnxent. 5. Cancellation. a- The City, following a duly noticed public hearing by the City Council as set forth in GOVCilxirxcm Code Scclion 50290, et- scq-, may cancel this Agrccman if it determines that the Owner have breached any of the conditions of this Agreement, or ha; allowed the property to deteriorate to the point that it no longer meets the standards for a qualified lIistwic Propert-v, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreemenl. If a cone-acl is cancelled Inr these reasons, the Owner shall pay a cancellation lee to the County Auditor as set Rnth in Government Code City Council t 17 — 5 7/6/2021 HILLS, I CT AGREEMENT 2119 ;Vorth Freeman Street Santa Ana. CA 92706 SCCtion 50236. This cancellation lee shall be a percentage (currently set. at twelve and one-half (I? /S) percent by Coveinmcnt Code Section 50186) of the current tair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any resu fiction imposed pursuant to this Agreement_ b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disastcr such that in the opinion of [hc City Building Official more than sixty (60) perecnt of tic original fabric of the structure trust be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council detertrines that the acyuisitiun frustrates the purpose ul'this Agreement, this Agreement shall be cancelled and no fcc imposed, as specified in Government Code Scction 50288. 6. Enforcement ol'Agreement. a. hi lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically cnforec, or cojoin the breach 01, the terms of ihc. Agreement. In the event of a default, under the provisions to cancel lilt Agreement by Ovner, the City .Shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter_ or il' not corrected within such a reasonable time as ma-y be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to complelion by Owner), then Cily may, without further notice, declare a default under the ternhs of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive arty claim of default by the Owner if City does not enforce or cancel this Ag7ccment. All other remedies at law or in equity which arc not otherwise provided tot in this Agreement or in C'ity's regulatiolts governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default 11CrCtlnder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2119 North Freeman Street, Assessor Parcel Number, 001-185-10, and more particularly described in Exhibit A, in the City ul' Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, Conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall City Council 17 — 6 716/2021 HILLS, I CT AGREEMENT 1119 ,Vorth Freeman Street Santa Ana. CA 92706 pass to and be binding upon Owner's successors and asmglls in title or interest to the I listuric Property. Vvery contract, deed, or other insUvmcnt hcrcinatter executed, covering or conveying the Historic 1roperty or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted suhject to the tenants, restrictions, and reservations expressed in this Agreement regardless ohwhether such covenants, conditions and restrictions arc set firth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment Born City in consideration of the obligation imposed under this Agrecment, it being, recognized that the consideration for the execution of this Agrecnncnt is the substantial public benefit to be derived theretionn and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the I'roperly on the account 01'the restictions on the use and preservation of the Property- 9. Notice. Any notice required by the tarns of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that tray be later spccilicd by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clcrk of the Council Owners! Andy and Alice Hoang 21 19 North Frccman Strcct Santa Ana, CA 9270b 10. General Provisions. a. None ol'thc tens, provisions, or conditions of this Agrccnncru shall be deemed fir create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor sliall such tenns, provisions or conditions cause them to be considered joint ventures or m enn hers of an y j o i nt enterprise- b- The O A ner agrees to and shall indenmily and hold the City and its elected and appointed officials. officers, agents, and employees harmless from liability for damage or claims for dannage for personal injuries, including death, Lind claims for property dannage which may anise loom the direct or indirect use or operations of the Owner or those 01, his or her contractor, subcontractor_ agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City an(] its elected and appointed) officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property - City Council s 17 — 7 716/2021 HILLS, ICTnGREEMENT 2119 ,Vorth Freeman Street Santa Ana. C 1 92706 C. Phis hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incwred, by reason of the operations referred to in this Agreement regardless of "licther or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d- All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the balefit of the panic, herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of lie I li9toric Property, whethclby Operation of law oil ill ally lllamrel' whataOCVCl'. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, file prevailing, party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. I'- In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of compctcnl jUlisdiction, or by subscqucnl prccmplivc legislation, the validity and enforceability of the remaining provisions, or portion; thereof, shall nol be effected thereby. g- This Agreement shalt be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) clays after the parties execute and enter into this Agreement. the City shall cause this Agreement to be recorded in the Office of Tile County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in pit, only by a written recorded insu-ument executed by the parties hereto- 1-1. Effective Date. 'I his Agreement shall be effective on the clay and year first written above in Section 1. {signature page follows} City Council 17 — 8 7/6/2021 AT FS-1 DATSY [1OMFZ Clerk of the Cnrin Cil OWNER Dare: Date: APPROVED AS TO FORM: SONTA CARVALTTO City Altomcy By: a4 %iL. -f,,,.4— JOH, M.1�UNK ASSiscilot City Attorney HILLS, ICTAGREEMENT 2119 ;Vrrrth Freernair Street Santa Ana. CA 92706 CITY OF SAN] A ANA KRTSTTNF RTDC ;F City Ma narncr Tw ANDY K. HOANG Ily: A[,](-F. Q. HOANC RECOMMENDED FOR APPROVAL: MINH THAI FxeellciVe Direetor Planning and Building Agency City Council 17 — 9 716/2021 HILLS, I CT AGREEMENT 2119 ,Vorth Freeman Street Santa Ana. CA 92706 EXHIBIT A I FGAI. DESCRIPTION THE LANE) REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 15 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-185-10 City Council s 17 — 10 716/2021 ERT:my EXECUTIVE SUMMARY Eisen-Hofheins House 2119 North Freeman Street Santa Ana, CA 92706 NAME ADDRESS Eisen-Hofheins House REF. NO. 2119 North Freeman Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY, Contrihutive HISTORIC DISTRICT NIA NEIGHBORHOOD Wcst Floral Park CALIFORNIA REGISTER CRITERIA FUR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 533 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful rnlgn71nes, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a hasic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong hori�onlal emphasis expressed Lhrough a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for erribodirnenl of the distinguishing characteristics of the Ranch House style, in particular the picturesque, `dovecole" variant of the ranch style. The recommended categorization is Contributive" because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Reaister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources,' September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #_ HRI # Trinomial_ NRHP Status Reviewer rce narri or number (assiancd by recorder) P1. Other Identifies *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3. 2015 'r.. Address 2119 North Freeman Street City! Santa Ana Zip! 92706 'e. Other Locational Data: Assessors Parcel Number 001-185-10 '123a. Description: (Denrrihe rennnrre and Ilti InBlnr Pl Prrlenl, Indtirle de9grl, IrIBtP.rIBIti, mrichlion, allerBLnni,, tit/e, tiP.l Lrlq, drift hnllnrt Grips) Located in West Floral Part(, this is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a picturesque, dovecote'variant of the Ranch House style. A detached yaraye is located a few fort behind (ra.st no thr south end of the, roar (cast) elevation of the rrsidrncoa Asymmetrical in design, the house exhibits a strong horzontal emphasis expressed through a long roof ridge ninning parallel to the front f Cade. It fenhrm.c n rnoderntely pitched, side -gabled roof design with a pair of front gables, one behind the other, at the South end of the fegade. The roof design exhibits wide-open caves with exposed i9fter"s along the front (west) and side (south) elevations, and portions of the rear (east) elevation. Gable ends are finished with extended and subtly shaped vergeboards, and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered !older the main roof the entry porch, is characterized by boat'd-and-batten siding and a single half -glazed. front door with a cross bottom panel North of the entry. the living room is illuminated by a large picture window, wood -framed with a large central pane flanked by two hung windows with a Criss-cross muntin design. South of the entry, a large horizontal bump-outclad in horizontal wood board lapped siding and shaded by a shed roof, contains two pairs of wood. double -hung windows, also with a crisscross pattern. Along the north. south, and east elevations, the building incorporates a series of wood windows, including six -over -six, two -over -two, and horizontal pant sashes. The proprity is landscaped with a lawn, low vegetation and single concrete walkway leading towards the front entry, and a simple low brick planter stretches along the front facade of the house. •133h. Resource Attributes! (list sttnhntes and rories) HP2. Single -Family Rsidenre *P4. Resources Present! ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and dale) West elevation, view east Apt it 2021 *P6. Date Constructed/Age and Sources' ■historic 19.571 City or Santa Ana Building Permits 'P7. Owner and Address: Andy and Alice Hoang 1119 North Freeman Street Santa Ana, CA 92706 'P8. Recorded by: Pedro Gomez City of Santa Ana 20 Civic: Center Plaza M-20 Sawa Ana. CA 92702 *P9. Date Recorded: May I4. 2021 'P10. Survey Type: Intensive Survey Updatr *P11. Report Citation! (Ciie v,rvey report and other swnre_s, nr enter "none') None 'Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Arch 0Anifa(2illdyc00LJHEfiotograph Record ❑ Other (list) 17 - 12 7/6l2021 DPR 523A (1/ 5) *Required Information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of_i 'NRHP Status Code 5S3 'Resource Name or #' tiscn-Hothoins House B1. Historic Name: Eisen-Hoffietns House B2. Common Name: Same 83. Original Use' Single-family Residence *S5. Architectural Style: Ranch House 84. Present Use' Single-family Residence *BG. Construction History: (Construction date. alterations. and date of alterations): September 11. 1957 Constructed. $12,000. May 9, 1963. 420-sgnarc-foot addition to resident for,]. Hofheins by Martin Stcigner. $=3, 780. .Septaniher 4. 2002 Add wooden patio Inver "05.5 March 29. 2004. Install pre -fob fireplace in family morn. $1,500. August 11. 2006. Freestanding patio with trellis cover in the front of residence. $4,150. November 17, 2010. Install solar panels. $13,000. Auyust 30, 2016. Installation of roof rnuunted solar PV systerrr. $17,000. February 11, 2021. Tear off exis6ny roof and install riew comp shingle roofing. $9.339_ February 11, 2021. Reprove free-slandlog patio with trellis cover from front of residence. $1.000. *B7. Moved? ■No Oyes l71-Inknown Date: Original location: *88. Related Features: Detached Garaye. 89a. Architect Unknown b. Builder. Jack A. Eisen *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Di5C1155 In 1mitehGe ih tptrnK of Ii K4ul[:al nr elY:httecth tat mrARYt A dennot by theme, petlod, )ntl (Ie0<]rapt : KGOpe.. AIKn AddreKK IntegHty) the LiS017-Hotheins House is architecturally significant as an intact and characteristic example of the Hanch House style. This house was ongirlally constructed in 1957, by Jack A. Eisen. Jack Eisen resided on the property for a couple of years before selling it to John Hopkins in 1961. who in turned sold the property to Arch T Balcom in 1962according to City directories. In 1963. the property was sold to Mr. and Mrs. J. Hofheins who expanded the original property by an additional 420 square feet. No occupancy information is provided in City direclories belween 1966-1979. However. City directories shows that the property was owned by the Peterson family. (See Continuation Sheet 3 of 3) R11. Additional Resource Attributes (I ist srttrihutes and codes) 1812. References: City of Santa Ana Building Permits Santa Ana History Roan Collection, Santa Ana Public Library .4anhnrn Map.c (See Continuation Sheet 3 of3.) B13. Remarks: Sketch Map 'B14. Evaluator: Leslie Neumann/Chattel Inc. *Date of Evaluation: May 13. 2021 (This space reserved for official comments.) Eisen-Hofheins House 2119 North Freeman Street e1 o81 1, ,1 II " I Srrt££r p ' 22 a,18� y ,1l uty 1.,0uncll 1 / - 13 //b/2U21 ❑PR 523E (1195) 'Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI 9 CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name' Eisen-Hofhcins House 'Recorded by Pedro Gomez `Date May 13, 2021 LxJ Continuation ❑ Update *1310. Significance (continued): Sipco the second half of the twentieth century, the neighborhood in which the Eisen-Hofhcins House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time. the area was primarily agricultural. and other than Flower Street. which was improved with houses during the 1920s and 19308, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street_ Between 1947 and 1950, around two dozen homes were constructed on Baker. Olive, Towner, and Westwood Streets. Construction boomed throughout the nelghborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Eisen-Hofhcins House qualifies for listing in the Santa Ana Register of Historir,al Properlirs under Critcr"ion 1 for emhndirnent of the distinguishing characteristics of the Ranch House style, in particular the pichrresque, dnvecote" variant of the Ranch style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floret Park and is a good exarnotc of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). Characlet-defining features of the Eisen-Hothelns House include. but may not be limited lo. materials and finishes (slucco, horizontal wood board lapped siding, and board -and -batten siding), moderately pitched, front- and side -gabled roof design. wide open eaves with exposed rafters: decorative pointed eave extensions and dovecote, and fenestration (diamond- and multi -pane hung, paired, and pichee windows where extanQ: and architectural clelading. *812. References (continued): Ancestry.t.urn. California, Death Index, 1940-1997 [database on-line]. Provo. UT, USA. Ancestry curn Operations Inc:. 2000. Ancestry.coni. 1930 United States Federal Census fdatabase on-line[ Provo, UT. USA, Ancestry. corn Operations Inc. 2002. Harris, Cyril M American Architecture: Ao Illustrated Encvclooecha_ New York, WW Norton, 1998. Marsh, Diann. Santa Ana. Art Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Ncwspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructtons for Recording Historical Resources." Sacramento. March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge, MIT Press. 1969. Santa Ana and Orange County Directories. 1920-1979. City Council DPR 523L 17 — 14 71612021 HILLS, I CT AGREEMENT 2119 ;Vorth Freeman Street Santa Ana. CA 92706 Exhibit C. F.xteriorwork shall be reviewed bythe Historic Resources Commission and subject to the U.S. Secretary ofIli e interio's Standards lbrRehablhtaIion ofHistoric Buildings, as IbIIUws: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishitr.- ori.-Mal qualities or character of a building, structure or site and its environment shall not be desnoyel. The removal or alteration of any historie matcrial or distinctive architectural features should he avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Cringes which may have taken place in the course of brae are evidence of the history and development of a building, strucwre, or site and its environment. I'hcse changes may have acquir'cd significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic fcaRtres or- examples of skilled c attsmanship which characterize a building, structure, or site sliall be treated with sensitivity. Oi Deteriorated architectural features shall be repaired rather than replaced, whcncve- possiblc. in the event replacement is ncccssat v, the new matcrial should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural fcantres should be based on accurate duplications of features, substantiated by historic, physicdl, or pictorial evidence rather than on conjectural designs or the availability of dillcrent architectural elements liom the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possiblc. Sandblasting and other cleaning methods that will damage the historic building materials shall not be Undertaken- X. livery reasonable effort shall be made to protect and reserve archaeological resources affected by, or attjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material. an such design is compatible with City Council 1 17 - 15 716/2021 MILLS ,1 CT AGREEMENT 2119 ,Vorth Freeman Streel Santa Ana. CA 92706 size, scale, color, malarial and character oh the property, neighborhood, or environment. 10- Whereverpossible, new additions or alterations to suucuu-es shall be done in such a manna- that il'such additions or alterations need to be rcruovcd in the littnre, the essential form and integrity of the structure would be unhupairai. City Council 2 17 — 16 716/2021 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 — The Eisen-Hofheins House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020- 08 and Historic Register Categorization No. 2020-07 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Andy and Alice Hoang, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Andy and Alice Hoang are requesting approval to designate an existing residence located at 2119 North Freeman Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Freeman Street in the West Floral Park neighborhood. The site consists of a 2,109-square-foot Ranch House residence and detached garage on an 8,900-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, HibldZinLkekources Commission 817 - 17 5DV812021 Exhibit 2 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 — The Eisen-Hofheins House May 13, 2021 Page 2 designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 64 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Eisen-Hofheins House, is located within the West Floral Park neighborhood and has distinctive architectural features of the "dovecote" variant of the Ranch House style. The residence was built in 1957 by Jack A. Eisen. The West Floral Park neighborhood was largely developed after 1947; prior to that, the area was primarily agricultural. Other than Flower Street, which was improved with houses during the 1920s and 1930s, the neighborhood contained only a handful of residences on Baker and Bristol Streets. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Eisen-Hofheins House is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a picturesque, "dovecote" variant of the Ranch House style. A detached garage is located a few feet behind the south end of the rear elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front facade. It features a moderately pitched, side -gabled roof design with a pair of front gables, one behind the other, at the south end of the facade. The roof design exhibits wide-open eaves with exposed rafters along the front and side elevations, and portions of the rear elevation. Gable ends are finished with extended and subtly shaped vergeboards, and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered under the main roof, the entry porch is characterized by board -and -batten siding and a single half - glazed, front door with a cross bottom panel. North of the entry, the living room is illuminated by a large picture window, wood -framed with a large central pane flanked by two hung windows with a Criss-cross muntin design. South of the entry, a large horizontal bump -out, clad in horizontal wood board lapped siding and shaded by a shed roof, contains two pairs of wood, double -hung windows, also with a crisscross pattern. Along the north, south, and east elevations, the building incorporates a series of wood windows, including six -over -six, two -over -two, and horizontal pane sashes. Character- Hib)ddaAedources Commission 917 — 18 57NB12021 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 — The Eisen-Hofheins House May 13, 2021 Page 3 defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board -and - batten siding); moderately pitched, front- and side -gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi -pane hung, paired, and picture windows where extant); and architectural detailing. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, "dovecote" variant of the Ranch style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the properly's assessed value, resulting in Lax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed Hibtddaaedources Commission 107 — 19 577VB12021 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 — The Eisen-Hofheins House May 13, 2021 Page 4 notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2020-07 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $801.42 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Hiblddaaedources Commission 117 — 20 577VB12021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-08 TO PLACE THE PROPERTY LOCATED AT 2119 NORTH FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-07 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2020-08) and categorization (Historic Resources Commission Categorization No. 2020- 07) of the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana. B. The Eisen-Hofheins has distinctive architectural features of the "dovecote" variant of the Ranch House style and was built in 1957. C. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, "dovecote" variant of the ranch style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture. Character -defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board -and -batten siding); moderately pitched side -gabled roof design; wide open eaves with exposed rafters: decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi -pane hung, paired, and picture windows where extant); and architectural detailing. D. The legal owners of the property are Andy and Alice Hoang. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Sib)dbnAedources Commission 127 — 21 57?V8/2021 Resolution No. 2021-XXX Page 1 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-22(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2020-71 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2020-08 to place the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-07 placing the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 13t" day of May, 2021. Alberta Christy Chairperson Sib)actFdedources Commission 137 — 22 57?VB12021 Resolution No. 2021-XXX Page 2 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney J15hn M. Funk Sr. Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: Commission Secretary City of Santa Ana Sib)(EintRdedources Commission 147 — 23 511YB/2021 Resolution No. 2021-XXX Page 3 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-185-10 2119 North Freeman LOT 15 OF TRACT NO. 3012, Andy and Alice Street IN THE CITY OF SANTA ANA, Hoang COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2021-XXX HilJkainAedources Commission 157 — 24 :HILLS ACT AGREEMENT 2119 North Ft eeaauaa Street Su@ta Amt. CA 92706 RECORDING I?FOUF.S I I -;I) BY AND WHEN RECORDED MAIL TO_ City of Santa Ana 20 CiviC CCntCa' Plaza (M-30) Santa Ana, CA 92702 Ann_ Clerk of the CAunCll FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGRLL:ML:NT This Historic Property Preservation Agreement (`Agreement") is made and entered into by and betwCCTa the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the COn3linniOtr and laws of the of the State of C:alifurnia (hereinafter referred to as "City"), and Andy lUtanh lloang and Alice Quyen Moan;;, husband and wife as community property with right of survivorship, (hcrcinattcr collectively referredl to as "Owner"), owner of real properly located at 2119 North Freeman Sweet, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A_ The City Conned of the City of Santa Ana is anthoriXCd by Calilornia Govertnneni Code Section 50250 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical propeties To provide for appropriate use, maintenance, rehabilitation and rel trn-adon auclr that these hititoric properties retain their historic character and integrity_ 13. The Owner possesses lee title in and to that certain qualified real property together with associaied structures and improvements thercoo, located at 2119 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "ITistoric Property" C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pUrsuam to the require UMIS of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their inuntal benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this I listoric Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevcru inappropriate alterations to the Historie Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner_ Hitt aci-keitources Commission 167 — 25 57?V812021 -t- :HILLS ACT AGREEMENT 2119 North Ft eeaauaa Street Su@ta Alms. CA 92706 E- Owner and City intend to carry out the purposes of California Goverunenl Code, Chapter 1, Past 5 ol'Division I ofTitic 5, Articic t2, Scction 50280 ctscq.. which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code - NOW, THEREFORE. the City of Santa Aria and the Owiicr of The Historic Property agree as follovr s: Effective Unto and Vertns of Agmcment. This Agreement shall be cttcctive and commence on July 7, 202t, and shall remain in effect for a tern) of ten (10) years thereafter. Itach year, upon the anniversary of the effective date oflhis Agreement, such inilial lean will anlomalically be extended as provided in California Goven)n)ent Code Sections 50280 through 50290 and in Scction 2, below,- 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) yeartdrn of this Agreement unless written notice of nonrenewal is served as provided herein- h. 11' the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of [he Arrceulant on dnc other party. Unless silent notice, iS Served by the Owner to rile City at least ninety (90) trays prior To the an nllal renewal dale, or served by the Cily to the Owner ai least sixty (60) days prior to the annual renewal date, one (1) year shall auunnatically be added to the teen of the Agreement as provided herein. C. Within 30 days tionr receipt of C:ity's notice of nonrcucwal, the Owner may file a written protest of Cit-i's decision of nonrenewal. The City may, at any time prior to the annual e renwal date of the Agreement, withdraw its notice to the Owner of nonrenewal. (L Tf either the Owner or the City serves notice to the other of nonrenewal in any ,year, the Agreement shall remain ill effect for the balance of the tern then remaining, either fron) it, original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions - a. Owner shall maintain the historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rchshilitate the prnperry and its chnracter- defining features described in the "Historical Iroperty Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materiah, design, scale, proportions, Hitalddan-Reilources Commission 177 — 26 57?VB12021 :HILLS ACT AGREEMENT 2119 North Ft eeaauaa Street Su@ta Amt. CA 92706 organization of windows, doors, and other openings, textures, details, mass, roof line, porch and Other aspects of the appearance of the exterior to the satisfaction of the City- b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of fhe Office of Historic Preservation of the State Department of Parks and Recreation, namely the 11-5- Secretary of the finerior's Standards and Guidclincs for Historic Preservation Projects. These guidclines are attached hereto, marked as Exhibit C. and incorporated herein by this reference. Owner shall corninually maintain the. Historic Property in the saute or better condition. C. A view corridor enabling the general public. to see the Historic Property from the publicc right-of-way shall be maintained, and Owner ;hall not be pennitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining fcamres of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the listoric Resources Conunis.sion; paving of yard surface; exterior alterations or additions unless approved by the Historic RCSOtr-ecs C[nalrlliSSlml and such alterations arc in keeping with the Sceretary of Interior's Staandards; deteriorating, dilapidated or Mirepaired s Arlie tu-es such as fences, roofs, doors, walls, and windows: storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at bast eva-y live (5) years after the initial inspection, of the interior and exterior oh the Historic Property by representatives of the City of Santa Ana, [he. County Assessor, the State. Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement- 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. I . The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50290. et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City detennines that the Owner have failed to restore or rehabilitate the property in the manner• specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Hilo, act.keitources Commission 1 S7 — 27 57?V812021 :HILLS ACT AGREEMENT 2119 North Ft eeaauar Street Srtata Antt. CA 92706 Section 50286. 1 his cancellation fee shall be a percentage (currently set at twelve and one-half (12 'f_I percent by Go%entment Code Section 50286) of the current fair market value of the property at the lime ol'the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreciucot. b. If the Historic Property is destroyed by earthquake, fire, flood or other natilral disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall he canceled immediately because, in cllecl, the historic value of the structure will have been destroyed. No fcc shall fie imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agrecment, this Agreement shall be cancelled and no fee imposed, as specilied in (ovennuent Code Section 502W 6. Enforcement ol'Agreement. a. In lien of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terns of the Agreement_ in the event of a default, udder the provisions to cancel the Aurecntent by Owner, the Cit_v shall give written notice to Owner by registered or certified mail, and if such a violation is nor corrected to the reasonable satisfaction of the Cit_v Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable tine as, may he required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that act, to cure the breach or default tnay be commenced within thirty (30) clays and shall thereafter be diligently pursued u) completion by Owne), then City may, without fartltcr notice, declare a dcfalilt under the terns of this Agrecment and ntay bring any action nccessaiy to specifically enforce the obligations of Owner growing out of the terns of this Agreement, apply to any court, stale or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appr'apr'Iilte. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agrecment. No waive- by City of any breach or detauli under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2119 North Freeman Street, Assessor Parcel Number, 001-185-10, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement- b- City and Owner hereby declare their speeilic intent that the covenant,, conditions and restrictions as set troth teem shall be deemed covenants running with the land and ,hall Hib)acl-keiiources Commission a 197 — 28 57?V812021 :HILLS ACT AGREEMENT 2119 North Ft eeaauaa Street Su@ta Arttt. CA 92706 pass to and he binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other inst-ument hereinafter executed, covering or conveying the l listoric Property or any portion thcrcol; shall conclUSivcly be hctd to havc been cxccutcd, delivered, and accepted subject to the tenants, r'Cstrietioans, and reservations expressed in this Agreement regardless ofwhether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation unposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived thereliom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions can the rise and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may he later specified by the parties Ilea-Cto- City: City of Santa Ana 20 Civic Center Pla7a (M-30) Santa Ana, CA 92702 Aun- Clerk of the Council Owners: Andy and Alice Hoang 2119 North Freeman Street Santa Ana, CA 92706 10. General Provisions. a, None of the tents, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terns, provisions or conditions cause than to be considcrcd joint ventures or members ofanyjoint enterprise. b- The Owner agrees to and shall indemnify and hold the (:ity and its elected and appointed of7iciatls, officer~, agents, and employees hanrdess F otta liability lirr damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or Those of his or her contractor. subcontractor, agent, ennployce, or other person acting on his or her behalf which relates to the use, operadon, and maintenance of the Historic 1roperty- I he Owner hereby agree, to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions Yin• damages caused by, of alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Elib)cOa Lkeitources Commission 5 207 - 29 57?VB12021 :HILLS ACT AGREEMENT 2119 North Ft eeaauar Street Srtata Anu. CA 92706 C. This hold harmless provision applies to all damages and claims fur thmatges suffered, or alleged to have been suffered, and costs of dcfcose incurred, by reason of the opera(ions referred to in this Agreement regardless ol'whether or not Ci(y prepared, supplied, or approved the plans, specifications or other docrunents for the Historic Property- d. All of the agreements, rights, covenains, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, aoduns, and all persons acquirinu any part or portion of the Hiltoli( Property, whetherby Operation of law on in any manner whatsoever. C. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties ol'any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f- Tn the event that any of the provisions of this Agreement are held to he unenforceable or invalid by any court of competent jurisdiction, or by subscqucttt preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thercbv. 9. 1 his Agreement shall be construed and governed in accordance with the laws of the State of Cxlilimtia, with venue in Orange County- 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the olTiec of the County Recorder of the. County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded iosovmcrat executed by the parties hereto. 1-1. Effective Date. This Agreement shall be effective on the clay and year first written above in Section 1. {Signature page Ibllows} HiIblaci- i)eitources Commission 217 — 30 57?VB12021 ATTEST: DAISY GOMEZ ('lent of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOHN M. FUNK Assistant City Attorney :HILLS ACT AGREEMENT 2119 North Freeman Street SaataAna. CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ANDY K. IIOANG Bv: ALICE Q. IIOANG RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Hilbldilni-keitources Commission 227 — 31 57?V612021 :HILLS ACT ACREEMEVT 2119 North Ft eeaauaa Street Su@ta Amt. CA 92706 EXHIBIT A LEGAL DESCR[PT[ON I'HI{ I.ANI) RIiPI:RRIiI) I'O HI{RI•:IN III:I OW IS SITUA ITT) IN THI( CITY OF SAN I'A ANA, COUNTY OF ORAN(ih, STATF. OF CAI_IFOIZNIA, AND IS DF;,SCIZIBF) AS FOLLOWS: LOT 15 OF TRACT NO. 3012, 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 90. PAGE 6 OF MTS(-'FLI.ANFOITS MAPS IN THE OFFICE OF THE COI1NTY RECORDER OF SAID COUNIY. Assessor's Parcel Number: 001-185-10 EIil)acLkeitources Commission 237 — 32 57?VB12021 -b- W7x9111iW4-111t7ilt!i/.1:yJ Eisen-Hofheins House 2119 North Freeman Street Santa Ana, CA 92706 NAME Eisen-Hofheins House REF. NO. ADDRESS 2119 North Freeman Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY, Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD I West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Reautlful rnaga7ines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horicontal ernphdsis expressed through a low pitched or flaL roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements. such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, "dovecote" variant of the ranch style. The recommended categorization is "Contributive" because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Fvaluation (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a roaster, or possesses high artistic values. . It embodies the distinctive characteristics of a type, period, region, or ttiethod of construction, or represents the work of a master, or possesses high artistic values. ommission 24 / — State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi: l.t:rt�.-ffstrr_�.rrn Other Listings Review Code Reviewer Page 1 of _.�_ Resource name(s) or number (assigned by recorder) CiSen-1 tofheinS Ilouse P1. Other Identifier: *P2. Location: ❑Not for Publication MUnfesincLed *a. County Orange County "b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 'c. Address 2119 North Freetndn Street City: Santd And Zip: 92706 °e. Other Locational Data: Assessor's Parcel Number 001-185-10 *P3a. Description: (Describe resource and its major elements. Include design. materials. condition. alterations. size, setting. and boundaries) Located in West Floral Park, this is a one-story, single-family residence on a modestly sized parcel, sited with a typical setbark and ronstrurted in a picturesque, "driver ote" variant of the Rnnrh Hnuse style. A detached garage is lorated a few foot behind (cast of) the south end of tho rear (cast) elevation of the residence. Asymmetrical in design, the house exhibits b strong horizontal emphasis expressed through a long roof ridge running parallel to the front facade. It features a moderately pitched, side -gabled roof design with a pair of front gables, one behind the other, at the south end of the facade. The roof design exhibits wide-open eaves with exposed rafters along the front (west) and side (south) elevations. and portions of the rear (east) elevation. Gable ends are finished with extended and subtly shaped vergeboards. and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered under the main roof. the entry porch is characterized by board -and -batten siding and a single half -glazed, front door with a cross bottom panel. North of the entry. the living room is illumrnated by a large picture window. wood -framed with a large central pane flanked by two hung windows with a criss-cross rnuntin design. South of the entry, a large horizontal hump -out, clad in horizontal wood board lapped siding and .shaded by a shod roof, contains two pairs of wood, double -hung windows, also with a crisscross pattern. Along the north, .smithantl aasr elevations, the building lncorpornfps A series of wood windnws, inrluding six-nvar-.six, twn-nvar-two, antl horizontal pang sashay. The property rs IAndcr.Aped with A lawn, low vagatation And singly concrate walkway landing towards the Mont entry, antl e simple low bnek planter Stretches along the front acade of the house. *P3b. Resource Attributes (list attributes and codes) HP2. Single-Fatnily Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and (ldte) wp.st elevation view pAst April 2021 *P6. Date Constructed/Age and Sources: ■historic 1957/City of Santa Ana BUIldirig Permits *P7. Owner and Address: Andy and Alice Hoang 2119 North Fieornan Strout Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Sanla Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none') None 'Attachments:ONone ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological RCCord ❑District Record ❑Linear Feature. Record ❑Milling Station RCCOrd ❑Rock Art Record ❑Artifa�yi�eq� l�� p plte"�*ffi0i5t) 257 — 34 5TMURP�21 ❑PR 523A -" quired information State of California —The Resources Agency Primary It DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 *Resource Name or #: Eisen-Hofheins House 81. Historic Name: Eisen-Hofheins House B2. Common Name: Same B3. original Use! Singlr,-family Rrsidcnco 84. Present Use! Single-family Rrsidencc `85. Architectural Style! Ranch House *B6. Construction History: (Cnnstruction mate, alterations, and mate of alterations): September 11, 1957. Construrted. S13,000. May 9. 1963. 420-square-foot addition to residence for . Hoffeins by Manin Steigner. $3.780. September 4. 2002. Add wooden patio cover $3, 055. March 29. 2004. Install pre -lab fireplace in family room. $1.500. August 11, 2006. Freestanding patio with trellis cover in the front of residence_ S4,150. November 17, 2010. Install solar panels. $13.000. August 30, 2016. Installation of roof mounted solar PV system. $17,000. February 11, 2021. Tear off existing roof and install new comp shingle ronfing. $9, 339. t-cbrUary 11, 2021. Hcmnvr trot -standing patin with trellis cnvrr tram trout of r'rgidcncr. $1.000. *87. Moved? ■No Oyes ❑Unknown Date: Originallocatio� `B8. Related Features! Octoncctl Garagc. B9a. Architect: Unknown b. Builder: Jack A. Eisen *BID. Significance, Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or Architectural context as defined by theme, period, and geographic scope. Also address integrity) Tile Eiseri-Hofheins House is drehileclural/y signi0uarrl as an inlacl and chafaclerislic example of the Ranch House style. This house was orlglnally constructed In 1957. by Jack A. Eisen. Jack Eisen resided on the property for a couple of years before selling it to John Hopkins in 1961, who in turned sold the property to Arch T Balconl in 1962, according to City directories- In 1963, the property was sold to Mr. and Mrs. J. Hofheins who expanded the original property by an additional 420 .square fast. No ocrupanry information is provided in City directories between 1966-1.979. However, City directories shows that the property was owned by the Paterson family. (Scc Corltunlation Shoot 3 of 3.) B11. Additional Resource Attributes! (List attributes And codes) *812.References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public: Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: `814. Evaluator: Leslie Heumann/Chattel line 'Date of Evaluation! May 13, 2021 (This space reserved for official comments.) DPR 523E (1/95) Sketch Map Eisen-Hofheins House 2119 North Freeman Street o-1 o451 ilk !, ,1 !z " Snlf£T ; ?5 0 � � � O � ! 182 11 , 1 a, - Q 'Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Eisen-Hofheins House 'Recorded by Pedro Gomez 'Date May 13. 2021 ❑O Continuation ❑ Update *810. Significance (continued): Since the second half of the twentieth century, the neighborhood in which the Eisen-Hofheins House is located has been known as West Floral Park Bounded by Santiago Creek on the north. West Seventeenth Street on the south. North Flower Street on the east and North Bristol Street on the west. this residential area largely developed after 1947. Prior to that time. the area was primarily agricultural, arid other than Flower Street. which was improved with houses during the 1920s and 1930s, contained ortly a heedful of residences on Baker and Bristol Streets, the City Water Works putrrping plant at 2215 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950. around two dozen homes were constructed on Baker. Olive. Towner. and Westwood Streets. Construction boomed throughout the neighborhood ditong the 1950s, with the California Ranch emerging as the favored residential style. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for prnhndiment of the diciinguiching fhBfACtpllshfs of the Ranch HnnSp Htylp. in pAnigdAr the pir.hlrp. rc Itlp, "dnvpOnrp. VAnAnt of the Ranch style. The recommended Categorization is "Contributive" because it Contributes to the Overall character and history of West Floral Park and is a good example of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). Chatacier-defining features of the Eisen-Hofheins House include, but may not be limited to. materials and finishes (slucco, hun2ontal wood board lapped siding, and board -and -batten siding): moderately pitched, front- and side -gabled roof design.' wide Open eaves with exposed rafters: decorative pointed eave extensions and dovecote: and fenestration (diamond- and multi -pane hung, paired, and picture windows where extant), and architectural detailing. *812. References (continued)! Ancestry.corrt. California. Death Index. 1940-1991 [database on-line]. Provo, UT, USA: Ancestry. corn Operations Ihc. 2000. Ancestry.coni 1930 United Slates Federal Census [database on-line]_ Provo. UT. USA: Anceslry.com Operations Inc, 2002 Harris. Cyril M. American Architecture: Art Illustrated Encyclopedia. New York, WW Norton. 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester. Virginia and Lee. A Field C,uide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bullettn 16A. "How to Complete the National Reyister Registration form." Washington DC. National Registot Newspapers. corn (Santa Ana Register) Branch. National Park .Service. US Dept of the Interior 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: Match 1995. Whiffet). Marcus. American Architecture Since 1780. Cambridge: MIT Press. 1969. Santa Ana and Orange County Directories, 1920-1979. HitJc iaaLkeitources Commission 277 — 36 DPR 523L 57NB12021 :HILLS ACT AGREEMENT 2119 North Ft eeaauar Street Su@ta Antt. CA 92706 I-:xhihit C EXlel-ior work shall be ruvicwcd by duc I listot-ic RUSUCrreeS Cornrnission and Nubjcct to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Iluildings, as follows: Every reasonable effort shall be made to provide a compatible use for it property which recluires rninirnal alteration of dac building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinnuiehing original qualities or character of a building, structure or site and its environment shall not be destroyed. the removal or alteration of any historic material or distinctive architectural leature should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of Iheir own time. Alterations that have no historical basis and which seek w create an earlier appearance. shall be. discouraged. 4. ('hamres whiclt may have taken place in the course of time are evidence of the history and dcvdopment of a building, structure, or site and its envirtnmicnt. These changes may have acquired signilieanice in their own right, and this significance shall be recognized and respected. 5. Dislindive stylistic le:lttlres or examples of skilled craftsmanship which characterize a building., structure, or site shall be treated with selsitivity- 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities- Repair or rcplaccrncnt of missing architectural lcatu-cs should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. I'hc surface cleaning of structures shall be tlndertalcen with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonablee effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary deign for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, al•chitectural or cultural material, an such design is compatible with Hilo, act.keilources Commission 1287 — 37 5DVB12021 -- :HILLS ACT AGREEMENT 2119 North Ft eetnun Street SantaAna. CA 92706 size, scale, color, material and character of the property, neighborhood, or environmenl- 10. Whercwt- possible, new additions or alterations to structures shall be done in Such a manner that iI' uch additions or alterations need to he removed in the future, the essential form and integrity of the structtu-e would be unimpaired- Hils)cOat-Rekources Commission 297 — 38 57?V8/2021 6 0101117_101MA HRC 2020-07/ HRCA 2020-08/ HPPA 2020-10 2119 NORTH FREEMAN STREET EISEN-HOFHEINS HOUSE PLANNING AND BUILDING AGENCY Bilb cftAe$ources Commission 307 — 39 57 612021 HILLS, I CT AGREEMENT 415 li est .Viee[eea[h Srree[ Santa Ana. CA 92706 RECORDING REQUESTED BY AND WIII'N Rl:CORDFD MAII.TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council HELL ILLCORDING PURSUANT 10 GC>VLICNMLNICO L 5 27383 TTTSTORTC PROPERTY PRESFRVATTO N AGREFMFNT This Historic Property Preservation Agreement ("Agreement"") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and Taws of the of the State of California (hercinatter referred to as "City'), and Amy Raphael, at single woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 415 West Nineteenth Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 ct seq. (known as the "Mitts Act") to enter into contacts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these I115tnr IC properties lCtain their historic character and intcurity. B. The Owttcr possesses fie title in and to that ecrtain qualified real propa'ty- togethcr with associated structures and improvcnicnts thcreort, located at 415 West Nineteenth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter rClcrr-cd to as the "Historic Property"- Cl- The Historic Property is officially designated on the Santa Ana Register of llistoricnl Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mnnral benefit, now desire to enter into this Agreement which defines and limils the use and alteration of this Historic Property in order to enhance and maintain its value as a Cultural and historical resource firr Owner- and for the wnumurit-y; to prevent inappropriate alterations to the Histwic Property -aid to ensure that repairs, additions, new building, and other changes are appropri:-rte; and to ensure that rehabilitation and maintenance are carried out in an cxcmplary manncr- City Council 1 17 — 40 7/6/2021 Exhibit 3 HILLS, ICTnGREEMENT 415 West Nhteteeath Street Santa Ana. C 1 92706 E. Owner and City intend LO carry Out the pul3wscs of Caliluntia Government Cock, Chapter I , Part 5 of Division I ofTitle 5, Article 12, Section 50280 et seq., which will enable the Historic Properly to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1 -9, Sec- 439 et seq-, Chapter 3 Part 2 ol'Division I of Lhc California Tax and RCVemte Code. NOW, THEREFORE. the City of Santa Ana and the Owner of the historic Property agree as follows - Effective Date and Terms of Agreement. This Agreement shall be effective and connncncc on July- 7, 2021, and shall remain in effect to[- a lean of Len (10) years (hereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tern will anlomatically be extended as provided in Calilornia Government Code Sections 50290 through 50290 and in Section 2, below. 2. Renewal. a- F.ach year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this AgrccrlicnL unless written notice of nonrenewat is served as provided herein. b. 11' the Owner Or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of notn•enewal of the Agreement ou the other Party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner aL least sixty (60) clays prior to the annual renewal dale, one (I ) year shall auLornatically be added to Lhc Lcrm of Iles Agreement as provided herein- C. Within 30 days from receipt of City's notice of noriiettewal, the Owner ilia -y file a written protest of City's decision of nonrenewal. The City may, at any titre prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in ellect for the balance of the tens then retraining, either liutn its original cxeeutiou ur 1i0111 the last renewal of Lhc Agrcctnetl, whichcvcr may apply. 3. Standards and Conditions for Historic Property. During the tern of this Agreement, the historic Property shall be subject to the following conditions, rcquirc nrcnts and restrietions- a. Owner shall maintain the IIistoric Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining fealores described in the "Historical Property Description" attached hereto, marked as Exhibit Q, notably the gcnand arcllilceLural lbinr, style, materials, design, scale, proportions, 01-g2ni7a6011 of WirtdoWS, doors, and other openings, textures, details, mass, roof litre, porch and other aspects of the appearance of the exterior to the Salislitelion of the City. City Council z 17 — 41 7/6/2021 HILLS, ICTnGREEMENT 415 Wem Nhteteeath Street Santa Ana. C 1 92706 b. All changes to the I Iistoric Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Ut?ice of Historic Preservation of the State Department of Parks and. Recreation, namely the IT-S. Secretary of the Interior's Standards and Cluidclincs Ibr Historic Presc nation Projcets- Thcse guidelines arc attached hereto, marked as Lxhibit C, and ineorporatcd ltcrein by this reference. Owner shall continually maintain the I istoric Properly in the same or better condition. c. A vice corridor enabling the ucncral public to scc the Historic Property from the public rigtu-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with ally new structrue, such as walls, tenses or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following arc prohibuc l: do nolnion ol'the Historic Property or dcsh-ucliun of character -defining tcatures of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic RCSUtn-CC.s Commission and such alterations arc in keeping with the Secretary of [ntcrior's Standards; deteriorating, dilapidated or unrepaired su-uctures such aS ILirCCS, rook, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as ears, appliances, or hu niture; and other' unsightly by decoration, stntettire or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appoinhnenl, as needed or at least every live (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the Courgy Assessor, the State Department of Parks and Rcercation, and the State Board of Lqualmnion, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to filrnish the City with any and all infonnation requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. CarrlelldhOn. I . The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280. et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City detennines that the Owner have failed to restore or rehabilitate the property in the niauuel specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. I'his cancellation fee shall be a percentage (currenlly set al twelve and one-half (12 V) percent by Government Code Section 50286) of the current fair market value of the City Council s 17 — 42 7/6/2021 HILLS, I CT AGREEMENT 415 Wem .Vitae[eea[H Street Santa Ana. CA 92706 property at the lime of the cancellation, as determined by the county as�e�sUr, Without regard to arty restriction imposed pursuant to this Aorecnncnt. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building O11icial more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately bceau-w, in effect, the historic value of the strvcrure will have been destroyed. No fee shall bc imposed in the case of destruction by acts of God or natural disasten C. if the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this A4p•e0111e11t, this Agreement shall he cancelled and no fee imposed, as speei tied in Government Code Section 50288. 6. Enforcement of Agreement. I In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of. the terms of the Agreement- In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and it such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) day; thereafter, or if not corrected within such a reasonable tinge as cony he required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to Cure the breach or default may be commenced within thirty (30) clays and shall thereafter be diligently pursued err completion by Owner), then City may, without fiuthcr notice, dcclarc it default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the germs of this Agreement, apply to any court, stale or - federal, for injunctive relief against any violation by 0"ner or apply for such relief as may be appr'oprlate- b. City does not waive any claim of default by the owner if City does not enforce or cancel this A, --cement All other remedies at law or, in equity which are not otherwise provided for in thin Agreement or in City's regulations governing historicc properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by CAV of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner herob-V subjects the Historic Property, located at 415 West Nineteenth Street, Assessor Parcel Number, 002-101-M and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. h- City and Owner hereby declare their speei tic. intent that the covenant,, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass co and be binding upon Owner's successors and assigns in title or interest to the Historic Proper-M FVery ionlracl, deed, or other instrument hereinaller executed, covering or conveying City Council 17 — 43 716/2021 HILLS, I CT AGREEMENT 415 lVest Nitueteeath Street Santa Ana. CA 92706 the I Iiswric Properly or any portion thereof, shall conclusively be held to have been CXCCnted, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such conu-act, deed, or other instrument- R. No Compensation. Owner shall not receive any payment from City in consideration of the obligation unposed under this Agreement, it being reconnized that the consideration for the execution of this Ageement is the substantial publicc benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the etteet upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required b-y the terms of this Agreement shall be sent TO the address of the respective parries as specified below or at other addresses that may be Later specified by the parties hereto - City: City of Santa Ana 20 Civic Center PIa7a (M-30) Santa Ana, C'A 92702 Attn- Clerk of the COnnell Owners! Amy Raphael 415 West Nineteenth Street Santa Ana, CA 92706 10. General Provisions. I , None of the terms, provisions', or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of'their heirs, successors, or assigns, nor shall such Icons, provisions or conditions cause them to be considered joint ventures or members ofanyjoint enterprise. h- The Owner agrees to and shall indemnify and hold the ('try and its elected and appointed officials, ol'iccrs, agents, and employees harmless from liability for damage or claims 1br damage for personal injuries, including death, and claims for property damage which tna-y arise from the direct or indirect use or operations of the Owner or those of his or her contractor. Subcontractor, agent, employee, or other peNon acting on his or her behalf which relates to the use, operation, anti maintenance of the Historic Property. The Owner hereby agrees to anti shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, of alleged to have been caused by, reason ofthe Owner's activities in conncetion with the Historic Property. City Council S 17 — 44 716/2021 HILLS, ICTnGREEMENT 415 Wem Nhteteeath Street Santa Ana. C 1 92706 C. This hold harmless provision applies to all dautagc, and claims for darnages sutfered, or alleged to have been suffered, and costs of detense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, sped ficalions or other documents lbr the HI51011C. Propelty- d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whahcr by operation of law on in any manner N'hatsUCVer- e. In the event legal proceedings arc brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding nray recover all reasonable atlontcy's fees to be fixed by the court, in addition to court costs and Other relief ordered bV the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any cotut of competent jurisdiction, or by subsequent preemptive legislation, the validity and enlin-ceabilit-V of the remaining provisions, or portion, thcraof. shall not be effected thereby. k. l his Agreement shall be construed and governed in accordance with the laws of the Sidle ofCalillomia, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agrccmcnt to be recorded in the office. of the. County RCCOr"dcr- of the C:ouirty of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a writtcu recorded instrument excctrted by the parties hereto. 13, 11,111'ective Date This Agreement shall be effective on the clay and year first written above in Section I - {Signature page lirllows City Council 17 — 45 7/6/2021 ATTEST: DAISY GOMLL Clerk of the Council OWNE14 Datc: APPROVED AS TO FORM: SONIA CAIiVAI,HO City Attorney By: III• �� J0FK M. FUNK Assistant Cily Attorney HILLS, I CT AGREEMENT 415 Wem .Vitae[eea[H Street Santa Ana. CA 92706 CITY OF SANTA ANA KRISTINE R1DGL City Manager By: AMY RAPIIAL.L RECOMMENDED FOR APPROVAL: MTNH THAT EXCCutlr-e Director Planning and Building Agency City Council 17 — 46 716/2021 HILLS, I CT AGREEMENT 415 Wem .Vitae[eea[H Street Santa Ana. CA 92706 EXHIBIT A I FGAI. DESCRIPTION THE LANE) REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 10 IN BLOCK A OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COI1NTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-101-18 City Council s 17 — 47 716/2021 Exhibit B EXECUTIVE SUMMARY W.M. Cory House 415 W. Nineteenth Street Santa Ana, CA 92706 NAME ADDRESS W.M. Cory House REF. NO. 415 W. Nineteenth Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY, Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE SS3 Location ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering: arched openings, often Tudor or Cothic in form: asymmetrical arrangements of building features: tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone. however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarilyfor residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920S and 1930s. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as "Contributive' because it "contributes to the overall character and history of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation (From California Office of Historic Preservation, Technical Assistance Series # 7. "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, reqion, or method of construction, or represents the work of a master, or possesses high artistic values It embodies the distinctive characteristics of a typo, period, region, or method of construction, or represents the work of a master, or poSSeSSeS high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation City Council 17 — 48 7/6/2021 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #_ HRI # Trinomial_ NRHP Status Reviewer rce name(s) or number (assiancd by rccordcr) P1. Other Identifies 'P2. Location: ❑Not for Publication ■Unrestricted `a. county Orange County 'b. USGS 7.5' Quad TCA 1725 Date _Marrh 3. 2015 -e. Address 415 West Nineteenth Street City Santa Ana Zip 92706 'e. Other Locatlonal Data: Assessor's Parcel Number 002-101-18 'P3a. Description: (Der;rnhe resnurre and Ili, InBlnr elp.menIfi. Indtirle de,gr1, IrI er-BIti, Cnnrtlhnrl, AerBhnn S, tii/e, SP.Ihnq, drift hnllrlrtBAPS) Located In Floral Park on the north side of West Nineteenth Street. the W M. Cory House Is a one-story slhyle-fandly resldentlal building constructed in the Tudor Revival bungalow style_ Asymmetrical in design, the house exhibits a complex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. The massing, roof configuration, and frnrstrotion define a threw -hay facade (primary or south elevation), with a recessed front porch and entrnnce stnnp flanked by a front -gabled projecting wing on the west and a much smaller, hipped and gabled, more shallowly projecting wing on the east. The prominent bunt gable On the west fCahrr'CS faUx half-t1nibonng in an ovor1lgnging gable end. Two wing walls on extend hom cifhcrSide (east and west) of this bay. with the west wing wall containing a diamond -shaped window and the east wing wall extending towards a low porch wall. The exterior of the building is clad in sandy -textured stucco. The entryway is characterized by an original wood front door with an arched peephole. accessed via the re -paved entrance stoop and front porch walkway Fenestration consists of multi -parted casernenl windows used on the primary elevation. while double -hung windows are used along the north, east, and west elevation. An attached chiruney rises above the north elevation. Other features of note include s picturesque roof vent that suggests a chimney and an iron and glass sconce attached to the wall next to the entry. The property is simply landscaped with a mature tree, a lawn, low vegetation and simple walkway at the front setback. The driveway is loratPd .along the. Past elevation and leads to the detached, onP.-story, twci garage, .also clad in Sandy-textrrre,d stucco with decorative halt -timbering. A roar addition is not visible from the public right-Ot-way. Other than the noted Changes. thin house appears intact .and is in good condition. 'P3b. Resource Attributes! (list Pttnhntes and rories) HP2. Single -Family Residence 'P4. Resources Present! ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view Anti JJIL) Primary Elevation, view E3St 'P6. Date Constructed/Age and Sources: ■historic 19291 City of Santa Ana Building Perrllits `P7. Owner and Address: Amy Raphael 415 West Nineteenth Street Santa Ana, CA 92706 `P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana. CA 92702 'P9. Date Recorded' May 13, 2021 'P10. Survey Type: loterrSllre Survey Update 'P11. Report Citation! (Cap survey repnit and nther snurces, nr enter' nnnP`) None ❑ArchfieNl�g<itiOLN4E11yd ❑District Record ❑Linear Feature Record' BNAWg Station Record ❑Ror_k ❑Artifact Record ❑Photugraph Record ❑ Other (list) ❑PR 523A (1195) Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 5S3 'Resource Name or #' W M. Gory House B1. Historic Name: W.M. Cory House B2. Common Name: Saine 83. Original Use: Single -Family Residence 84. Present Use' Single -Family Residence *S5. Architectural Style: Tudor Revival *BG. Construction History: (Construction date. alterations. and date of alterations): December 12. 1929. Constructed $5, 000. Novernbrr 9, 1964. Addition to rosidrnrr and convert existing bodinom. $6,o00. July 3, 1978. Pool inn spa for M.M. Knowls by Golden West Pools. S6.000. September 26. 1978. Free Standing patio cover-for-Knowls by Golden State. $1.200. January 15, 2008. Tear off existing comp shingle and apply new comp shingle. $5.520. January 13, 2016. Legalize screened enclosure or existing permilled detached patio cover and open patio with lattice cover attached to same endusure. $1.000. *R7. Moved? ■No [Yes [Unknown Date: Original location: *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Honer Bros. -B10. Significance' Theme Rosidontmi architocturc Area Santa Ana Period of Significance: 1929 Property Type: Single -Family Residence Applicable Criteria: (3/3 (Discuss importance in terms of historical or architectural context as defined by theme, period. and geographic scope. Also address integrity) The W M. Cory House is architectclrally s/gn/ficant dS a characteristic example of the Tudor Revival Style. ThiS huuSe was originally constructed in 1929, and was valued at approximately S5,000 according to the original building permit. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were William McKinley (W M.) Cory (1897-1968) and Doris R. Cory (1899- 1979). W M. Cory was an Assistant County Fann Advisor. Since then, the W M. Cory House has been occupied by various owner"S until file run Cnt homeownerpurchased the holm in 2020. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codas) 1812. References: City of Santa Ana Building Permits Santa Ana History Room C011oction, Santa Ana Public Library Sanborn Maps (Sec Continuation Shoot 3 of 3-) B13. Remarks: *B14. Evaluator: Leslie Hermann/Chattel /tic. *Date of Evaluation: May 13. 2021 (This space reserved for official comments.) Sketch Map W L % 6 cross � % M. Cory Huuse 415 West Nineteenth Street NCTOIbA CRrYF � r i 7 ve 701 � TRACT q T �0,1 n ©0 U �� C� O ®0, °&K A City Council 17-50 71612021 OPR 5236 (1/95) 'Required Informatl State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI 9 CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: W M. Cory Houso 'Recorded by Pedro Gomez `Date May 13, 2021 LxJ Continuation ❑ Update *610. Significance (continued): The W.M. Cory House is located in Floral Part(, a neighborhood nnrthwest of downtown Santa Ana bounded by West Seventeenth Street. Norm Flower Street. Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch hot/SeS characterized this area before 1920. Developerand builder -Allison Honer (1897-1961). credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana front Beaver Falls. New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival. Mr. Honer purchased a parcel of land. And that rrrunth, he began building custom homes in Santa Ana" (Orange County Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Sant/ago Creek. "When built In the 1920s, the Floral Park homes were the most lavish and expensive m the area they sold for about $4b.000 each (Orange County Hegrsler, September 1 b, 1981). Revival arrhitcOurr in a wide variety of mmantir stylos was colebrated in the 1920s and 1930s and Floral Park showcased examples of the Fnglish Tudor, Freorh Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1925 Art Deco styled Old Santa Ana City Hall, time El Tnro Marino Base during World War II, and the /960 Honor Shopping Plaza. Honer lived in the neighborhood he had helped In create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s. another builder. Roy Roscoe Russell (1881-1965). continued developing the groves of Floral Park. An eddy Russell project was his 1926 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. Tire homes were quite grtnnd and displayed various revival sty/es, including Russeli's awn large. Colonial Revival mansion at 2009 Victoria Drive In the early post World War /I years, Flora/ Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 195us, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identify as the prCmirr neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a .simple Tudor Revrval hungalnw in Santa Ana Cnnstructed by Flnral Park hi ilders and devpinpers the Honer Bros.. the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as "Contributive" because it "contributes to file overall character and history" of the Floral Park neighborhood and "is a good example u(periud aruhiledure." represenling the Tudor Revival style in Santa Ana (Santa Ana Municipal Code. Section 30- 2.2). Character-defirriny features of the Tudor Revival style exhibited by the house ins/ode d cornplex hipped and gabled roof of moderately steep pitch, decorative half-tlnmberiny in the overhanging yable ends; multi -paned casement windows used On the primary elevation, and sandy -textured stucco exterior walls_ Other features of note include a pictmesquc roof vent that suggests a chimney. original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. '-1312. References (continued): Harris, Cyril M. American Architertw-e: An Illustrated Encyclopedia. New York, WW Norton. 1998. Marsh. Diann. Santa Ana, An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Loc. A Field Guide to American Houses. New York Alfred A. Knopf, 1984. National Rogistcr Bulletin 16A. 'I low to Compote the National RCgistor' Registration roan. Washington DC' National Register Bench, National Park Service. US Dept. of the Interior. 1991. Office ofHtstonc Preservation. "Instrltctions for -Recording Historical Resources.' Sacramento. March 1995. Whfffen. Marcus. American Architecture Since 1780. Cambridge. MIT Press. 1969. Santa Ana and Orange County Directories. 1905-2017. Ancestry.co n Newspapers.uonr (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955_ Armor. Sarrrtlel. History of Orange Coura Los Angeles' History Record Company. 1921, page 989. City Council DPR 523L 17 — 51 71612021 HILLS, I CT AGREEMENT 415 Wem Nitaeieea[H Street Santa Ana. CA 92706 Exhibit C. F.xteriorwork shall be reviewed bythe Historic Resources Commission and subjectto the U.S. Secretary ofIli e interio's Standards lbrRehablhtaIion ofHistoric Buildings, as IbIIUws: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishitr.- ori.-Mal qualities or character of a building, structure or site and its environment shall not be desnoyed. The removal or alteration of any historie material or distinctive architectural features should he avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Cringes which may have taken place in the course of brae are evidence of the history and development of a building, strucwre, or site and its environment. I'hcse changes may have acquir'cd significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic fcaRtres or- examples of skilled c attsmanship which characterize a building, structure, or site sliall be treated with sensitivity. Oi Deteriorated architectural features shall be repaired rather than replaced, whcncver possiblc. in the event replacement is ncccssat v, the new matcrial should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural fcantres should be based on accurate duplications of features, substantiated by historic, physicdl, or pictorial evidence rather than on conjectural designs or the availability of dillcrent architectural elements liom the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possiblc. Sandblasting and other cleaning methods that will damage the historic building materials shall not be Undertaken- X. livery reasonable effort shall be made to protect and reserve archaeological resources affected by, or attjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material. an such design is compatible with City Council 1 17 - 52 716/2021 MILLS ,1 CT AGREEMENT 415 Wem Nitae[eea[h Street Santa Ana. CA 92706 size, scale, color, malarial and character oh the property, neighborhood, or environment. 10- Whereverpossible, new additions or alterations to suucuu-es shall be done in such a manna- that il'such additions or alterations need to be retuovcd in the littnre, the essential form and integrity of the structure would be unhupairai. City Council 2 17 — 53 716/2021 Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 — The W.M. Cory House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 05 and Historic Register Categorization No. 2021-05 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Amy Raphael, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Amy Raphael is requesting approval to designate an existing residence located at 415 West Nineteenth Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Prolect Location and Site Description The subject property is located on the north side of West Nineteenth Street in the Floral Park neighborhood. The site consists of a 1,780-square-foot, Tudor Revival residence and detached garage on a 7,600-square-foot residential lot (Exhibit 3). Analvsis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails HibldLinAekources Commission 317 — 54 5DV812021 Exhibit 4 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 — The W.M. Cory House May 13, 2021 Page 2 applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 92 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the W.M. Cory House, is located within the Floral Park neighborhood and has distinctive architectural features of the Tudor Revival architectural style. The residence was built in 1929 by Floral Park builders and developers, the Honer Bros. A majority of Floral Park was developed one of the brothers, Allison Honer, who was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post -World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The W.M. Cory House is a one-story single-family residential building constructed in the Tudor Revival bungalow style. Asymmetrical in design, the house exhibits a complex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. The massing, roof configuration, and fenestration define a three -bay facade, with a recessed front porch and entrance stoop flanked by a front -gabled projecting wing on the west and a much smaller, hipped and gabled, more shallowly projecting wing on the east. The prominent front gable on the west features faux half -Limbering in an overhanging gable end. Two wing walls on extend from either side of this bay, with the west wing wall containing a diamond -shaped window and the east wing wall extending towards a low porch wall. The exterior of the building is clad in sandy -textured stucco. The entryway is characterized by an original wood front door with an arched peephole, accessed via the re -paved entrance stoop and front porch walkway. Fenestration consists of multi -paned casement windows used on the primary elevation, while double - hung windows are used along the north, cast, and west elevation. Character -defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi -paned casement windows used on the primary elevation; and sandy - textured stucco exterior walls. Other features of note include a picturesque roof vent that suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the HibtddaAedources Commission 327 — 55 57NB12021 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 — The W.M. Cory House May 13, 2021 Page 3 house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the Lime of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions HibtcEini-kedources Commission 337 — 56 57NB12021 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 — The W.M. Cory House May 13, 2021 Page 4 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-09 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $717.46 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Hibtc(>;nAedources Commission 347 — 57 57NB12021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-05 TO PLACE THE PROPERTY LOCATED AT 415 WEST NINETEENTH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-05 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-05) and categorization (Historic Resources Commission Categorization No. 2021- 05) of the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana. B. The W.M. Cory House has distinctive architectural features of the Tudor Revival style and was built in 1929. C. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi -paned casement windows used on the primary elevation; and sandy -textured stucco exterior walls. Other features of note include a picturesque roof vent that Suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. D. The legal owner of the property is Amy Raphael. Elib)cOn Fdedources Commission 357 — 58 57?VB12021 Resolution No. 2021-XXX Page 1 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code- G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2021-09 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2021-05 to place the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-05 placing the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 13t1' day of May, 2021. Alberta Christy Chairperson 5ib)acddedources Commission 367 — 59 57?VB12021 Resolution No. 2021-XXX Page 2 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM. Sonia R. Carvalho, City Attorney By '�" -f� J&6n M. Funk Sr. Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN. Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: Commission Secretary City of Santa Ana 5ib)(Z Aedources Commission 371`7 — 60 511YB/2021 Resolution No. 2021-XXX Page 3 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-101-18 415 West Nineteenth LOT 10 IN BLOCK A OF Amy Raphael Street TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2021-XXX HilJkaimkedources Commission 387 - 61 :HILLS ACT AGREEMENT 415 11'est Nineteenth Street Sara Ana. CA 92706 RECORDING I?FOUF.S I I -;I) BY AND WHEN RECORDED MAIL TO: City oC Santa Ana 20 Civic [Cher PIa7a (M-30) Santa Ana, CA 92702 Attu_ Clerk of the CAunCll FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AG1 LL:ML:NT This TTistoric Property Preservation Agreement (`Agreement") is made and entered into by and betWCCTI the City of Santa Ana, a charter city and municipal corporation Ally organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Amy Raphael, a single woman, (hereinafter collectively reterred to as "Owner"), owner of real property located at 415 West Nineteenth Street, Santa Anx, California, in the County of Orange and listed on the Santa Anx Register of Historical Properties. RLCITALS A_ The City CAtnCil of the City of Santa Ana is auth01-i7ed by California Government Codc Section 50280 ct scq. (1wowo as the "Mills Act") to cntcr into contracts with owners of qualified historical properties to provide for appropriate rise, maintenance. rehabilitation and restoration such that these historic properties retain their historic character and integrity. H. The Owner possesses fee title in and to Ihat certain qualified real property together with associated structures and improvements thereon, located at 415 West Nineteenth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, artd hereinafter referred to as the "Ilistoric Property". C_ The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirentrents of Chapter 30 of the Santa Ana Mtmicipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Properly and to ensure that repairs, additions, new building, and other changes arc appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Hil)aci-keiources Commission 1 397 — 62 571V812021 -- :HILLS ACT AGREEMENT 415 tNest Nineteenth Street Santa Atla. CA 92706 F.. Owner and City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq which Will enable the Ilistoric Property to qualify lot an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 ct seq., Chapter 3 Parl2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 7, 2021, and ;hall remain in etfeet tier a term of ten (10) years thereafter. Lach year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. I . Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year terns of this Agreement unless written notice of nonrenewal is served as provided herein- h- If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party - Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal dale, one (1) year shall automatically be added to the term of the Agreement as provided herein- c- Within 30 days from receipt of C;ity's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The. City pray, at any time prior to the annual renewal date of the Agreement, withdraw it3 notice to the Owner of nonrenewal. d. if either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the halance of the term then remaining, either from its original execution or fr-onn the last renewal of the Agreement. whichever may apply, 3. Standards and Conditions for Historic Property. During the term of this Agreement. the H istoric Property shall he subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, "here necessary. restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Fxlribir B, notably the general architectural form, style, materials, design, scale, proportion~, organization of windows, door,, and other openings, textures, detalk, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Hill act-keiiources Commission 407 — 63 57?VB12021 :HILLS ACT AGREEMENT 415 Wes[ Nineteenth Street SaWd Ana. CA 92706 b- All changes to the Historic Property shall comply with applicable City plans and regulations, and conliirm to the rides and regulations ofthc Oflice of tlisturic Preservation oft}rc State Department of Parks and Recreation, namely the U.S. Secretary of the hucrior's Standards and Guidelines for Historic Preservalion Projects. "These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference- owner shall continually maintain the Historic Properry in the same orbetter condition. C. A view corridor enabling the general public to see the llistoric Property from the public right-of-way shall be maintained, and Owner shall not he permitted to block the view corridor to the property with any new sh-ucture, Snell as walla, fences or shrubbery. so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the I Iistoric Property or destruction of character -defining features of the building or site; removal of' trees and other major vegelalion unless removal is approved by a rehabilitation plan approved by the Historic Resources Cotmnission; paving of -yard surface; exterior alterations or additions unless approved b-v the. llistoric Resources Commission and such alterations are in keeping wide the Secretary of Tnterior'.s Standank deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furnittue, and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointment, as neccled or at least every five (5) years after the initial inspection, of the interior and exterior of the Hisloric Properly by representatives of the Cily of Santa Ana, the County Assessor, the Stale Depau-hnent of Parks and Recreation, and the State Board of Equalization, to deter -mine the Owner's compliance with the terms and provisions of this Agtee new. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all inforrnation requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. C'ancellalion, a. The City, hollowing a duly noticed public hearing by the City CAnnCII as set h>rth in Government Code Section 50280, et. scq-, may cancel this Agreement if it detr:rrnlnCS that the Owncr have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standafds for a qualified llistoric Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 2 of this Agreement. Tf a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/) percent by Government Code Section 50286) of the current tair inarkct value of the Hilalddan-Reitources Commission 417 — 64 57?VB12021 :HILLS ACT .4 CREEMENT 415 Wes[ Nineteenth Street Santa Antt. CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pta-suanl to this Agreement- b. 11' the Historic Property is destroyed by earthquake, tire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immecliatcly because, in effect, the historic value of the structure will have been destroyed. No fee shall be innposed in the case of destruction by acts of (nod or natural disaster. c. 1f the. Historic Property is acquired by cnnincnt domain and dnc City Council determines that the acquisition fnrstrates thee purpose of this Agreerncrtt, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to canect the Agrcennent as rcti;rcnced herein, City may Specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the ('ity shall give written notice to Owner by registered or certified snail, and if such zr violation is not corrected to the rcasmnable satisfaction of the laity Manager or designee. within thirty (30) clays thereafter, or if not corrected within such a reasonable time as may be required to cute the breach or default, or default cannot be cured within thirty (30) clays (provided that acts to cure the breach or default may be coninnenced within thirty (30) days and shall thereafter he diligently ptn-suetl to completion by Owner), then City may, without further notice, declare a default under the teiin, of this Agreement and may bring any action necessary to specifically enforce the obligations of Owncr growing out of the terms of this Agrcetncrtt, apply to any cuttrt, state ur federal, for injunctive relief against any violation by Owner or apply for such relief as nnay be app rop ri a I e. b. City does not waivec any claim of default by the Owner if City does not cnforec or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agrcennant- No waiver by City of any hrcach or default under this Agreement shall be deemed to be a waiver of any Other subsequent breach thereof or default hercundcr. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 415 West Nineteenth Street, Assessor Parecl Ntunbcr, 002-101-18, and more particularly described in Exhibit A, in the City of Santa Ana, to thee covenants, conditions, and restrictions as set forth in This Agreement. b. City and Owner horehy declare their specific. intent that the covenants, conditions and resrctions as set forth herein shall be deenned covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Properry. Evcry contract, deed, or other irstrttmcnt hereinafter executed, covering or conveying Hits act-keiources Commission 4 427 - 65 57?VB/2021 :HILLS ACT AGREEMENT 415 Wes[ Nineteenth Street Santa Aml. CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agrccncnt re�pardless of whether such covenants, conditions and restrictions arc set forth in such Contract, dccd, or other instr ut nernt. R. No Compensation. Owner shall not receive any payment front City ill consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to he derived therefrom and the advantage that Will aca-ue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the teens of this Agreement shall be sail- to the address of the respeetive parties as specified Below or at other addresses that may be later specified b-y the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana. CA 92702 Attn: Clerk of the Council Owners: Amy Raphael 415 West Nineteenth Strcet Santa Ana. CA 92706 10. General Provisions. I . None of the icrtns, provisions, or conditions of this Agreement shall be deemed TO create a partnership between the parties hereto and any of their heirs, successors, or assigns. nor shall such teens, provisions or conditions cause them to be considered joint ventures or member.~ of any joint enterprise- b. The Owner agrees to and shall indemnity and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including= death, and claims for property damage which may arise from the direct or indirect use. or operations of Lire Owner or those of Iris or ltet contractor, subcomractor, agent, employee, or other person acting on his or her behalf which relates to the. use, operation, and maintenance of the listoric Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any mid all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Hil)act-keitources Commission 5 497 — 66 57?VB12021 :HILLS ACT AGREEMENT 415 Wes[ Nineteenth Street SaWd Amt. CA 92706 C. I his hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of delense inetured, by reason of the operations rcl'crrcd to in this Agreement regardless of whether or not City prepared, aupp]icd, or approved the plans, specifications or other documents for the Historic Property. d- All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties lrcacin, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the llistnric Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of au_v of the covenants, reservations, or restrictions contained herein, or to determine the rights and clutics of any party hereunder, the prevailing parry in suelt proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be. unenforceable or invalid by any court of competent jurisdiction, or by sUibsequent preemptive legislation, the validity and enforceability of the remaining provisions, or porrions thereof, shall not be effected ihcrchy- g. This Agreement sliall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the ofirce of the t'ounty Recorder of the County of 01`ange- 12. Amendments. Phis Agreement may be amended, in whole or in part, only by a written recorded insu-ument executed by the parties hereto- 13, Rtfective Date This Agreement shall be effective on the day and year first written above in Section 1- {Signature page follows! Hilaltfr cl-keiources Commission 447 — 67 57?VB12021 ATTEST: DAISY GOMEZ Cleric of tlrc. Council OWNE14 Date_ APPROVED AS 7'0 FORM: SONIA CARVALIIO City Attorncy By: JOHN M. FUNK Assistant City Attorncy :HILLS ACT AGREEMENT 415 Wes[ Nineteenth Street Saata Aaa. CA 92706 CITY OF SANTA ANA KRISTINE RTD6E City Mana"cr By: AMY RAPHAEL RLCOMMLNDED FOR APPROVAL: M1N11 IIIA1 Executive Director Planning and Building Agency Hib,lacLkeitources Commission 457 - 68 57?V812021 :HILLS ACT ACREEMEVT 415 Wes[ Nineteenth Street Su@ta Ana. CA 92706 EXHIBIT A LEGAL DESCR[PT[ON I'HI{ I.AND RIiPI:RRIiI) I'O HI{RI•:IN III 1 OW IS SITUA ITD IN THI( CITY OF SAN I'A ANA, COUNTY OF ORAN(ih, STATE. OF CAI_IFOIZNIA, AND IS DF;,SCRIBFD AS FOLLOWS: LOT 10 1N BLOCK A OF TRACT NO. 256, 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 14, PAGE 23 OF MTSCFT,T.ANFOTTS MAPS, TN THE OFFTCF OF THE COTINTY RECORDER OF SAID COUNIY. Assessor's Parcel Number: 002-101-18 ETilbld cLkeitources Commission 467 — 69 57?V812021 -b- IW7x$1jiiW�'i1Jl7ill7ilF.11 WA W.M. Cory House 415 W. Nineteenth Street Santa Ana, CA 92706 NAME W.M. Cory House REF. NO. ADDRESS 415 W. Nineteenth Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY, Contrihutive HISTORIC DISTRICT I NIA NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION CI3 CALIFORNIA REGISTER STATUS CODE SS3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Cothic in form: asymmetrical arrangements of building features, tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone. however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as "Contributive' because it 'contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Reqister of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high arliMic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation Hi9Jdtim kedources Commission 477 — 70 57NO12021 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi: I.t:rt�.-ffstrr_�.rrn Other Listings Review Code Reviewer Page 1 of __�_ Resource name(s) or number (assigned by recorder) W M. Cory I louse P1. Other Identifier: *P2. Location: ❑Nol for Publication ■Unreslricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 'c. Address 415 West Nfrreteenth Street City Santa And Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 002-101-18 *P3a. Description: (Describe resource and its major elements. Include design. materials. condition. alterations. size, setting. and boundaries) Located in Floral Park on the north side of West Nineteenth Street, the W.M. Cory House is a one-story single-family residential building constructed in the Tudor Revival bungalow style. Asymmetrical in design, the house exhibits a rnrnplex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. T17C massing, roof configuration, and fenestration define a three -bay fagade (primaryor south elevation), with a recessed front porch and entrance stoop flanked by a front -gabled projecting wing on the west and a much smaller. hipped and gabled, more shallowly projecting wing on the east. The prominent front gable on the west features faux half-tirnbenny in an overhanging gable end Two wing walls on extend from either stele (east and west) of this bay, with the west wing will containing a diamond -shaped window and the east wing wall extending towards a low porch wall. The exlerior of the building is clad in sandy -textured SarccO. The entryway is characterized by an original wood font dour with an arched peephole, accessed via the re -paved entrance stoup and front porch walkway. Fenestration consists of multi -paned casement windows used on the primary elevation, while double -hung windows are used alonq the north, east, and west elevation. An attached chimney rises above the north elevation. Other features of note include a picturesque roof vent that suggests a chimney and an iron and glass sconce attached to the wall next to the entry. The property is simply landscaped with a mature tine, a lawn, low vegetation and sirup/c walkway at the front setback. The driveway is lnrated along the Past elevation and leads to the detached. nnP-story. two -rat garngo. alsn rind in sandy-taxturPd .storm with darnrative half-tbrthering. A rear additlnn is not visihle from the puhlir. right-nf-way. Other than the nntad rhanges, the house eppeets intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) Primary Flevatinn, view Fact *P6. Date Constructed/Age and Sources ■histalic 19291 City of Santa Ana Building Permits 'P7. Owner and Address - Amy Raphael 415 West Nineteenth Sheet Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Sarrla Ana, CA 92702 'Pg. Date Recorded: May 13, 2021 'P10. Survey Type! Intensive Survey Update 'P11. Report Citation: jCite survey report and other sources. or enter -none") None *Attachments- ❑None ❑1 ncalmn M ❑Sketch Mali ■Cnnlnwalinn ShPPI ■RuArinn .S lnwjwP. anal rlh;Pcl Recnrcl ❑Arch t�l l��r� f�rl�t$ S I ar Feature Re(ac¢ ❑KII Ing Statlon Record ❑Rocl�t�g@� ❑Artifact (record ❑Photograph Record ❑ ther (list) DPR 523A (1/95) 'Required information State of California —The Resources Agency Primary It DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 'Resource Name or #: W M. CoryHouse 131. Historic Name: W.M. Cory House B2. Common Name: Saone 83. Original Use' Singlr.-Family Rrsidrncr 64. Present Use' Single -Family Rosidrncr `B 5. Architectural Style' Tudor Revival "B6. Construction History: (Cnnstruction date, alterations, and mate of alterations): Derember 12, 1929. Constructed. $5,000. November 9. 1964. Addition to residence and convert existing bedroom. $6.000. July 3, 1978. Pool and spa for M.M. Knowls by Golden West Pools. $6.000. September 26. 197& Free standing patio cover for Knowls by Golden State. $1.200. January 15. 2006. Tear off existing comp shingle and apply new comp shingle. $5,520. January 13. 2016. Legalize screened enclosure of existing permitted detached patio cover -and open patio with lattice cover attached to same enclosure. $i, 000. `B7. Moved? ■No OYes ❑Unknown Date: Original *88. Related Features: Detached Carage. 69a. Architect: Unknown b. Builder Honor Oros. "610. Significance: Theme Residenlial architecture Area Santa Ana Period of Significance: 1.02.0 Property Type: Single Family Residence Applicable Criteria: C/3 (Discuss Importance in terms or hhtorical or architectural context as deflncd by themq period, and geographic scope. Also address integrity) The W.M. Cory House is architecturally significant as a Characteristic example of the Tudor Revival style. This house was originally constturted in 1929, and was valued at approximately $5.000 according to the original building pellnit. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were William McKinley (W M.) Cory (1897-1968) and Doris R. Cory (1699- 1979). W.M. Cory was an Assistant County Farin Advisor. Since then. the W.M. Cory House has been occupied by various owners until the Current honreownerpurchased the home in 2020. (See Cortlirtualion Sheet 3 of 3.) B11. Additional Resouror Attributes: (I @.t allribules and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public: Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: '1314. Evaluator Lcshr, Hrumann/Chattel lnr. "Date of Evaluation: May 13. 2021 (This space reserved for official comments.) Sketch Map W.M. Gory Hnusr. 415 West Nineteenth Street NCTOIbA CRrYF � r i 7 vE TI � �.�� �0 r ® n 101 TRACT q T ' t'RAC& 0© 00 CEO® C,`&KA s 0° Bittclliellde$ources Commission 497 — 72 5XV612021 APR 523D (1/95) `Required informati State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Narne: W.M. Cory House 'Recorded by Pedro Gomez *Date May 13. 2021 O Continuation ❑ Update *1310. Significance (continued): The W M. Cory House is /ucated in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive. and Broadway. Groves of orange. avocado. and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981). credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month. he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park harries wort tho most lavish and oxponsivo in thr area. They sold for about $45,000 rich(Orange County Rcgistcr; Srp(orribor 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park .showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art neco styled Old Santa Ana City Hall the Fl Toro Marine Base during World War It. and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the fate 1920s and 1930s. anotherbuilder. Roy Roscoe Russell (1881-1966). continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russoll's own large, Colnnial Revival mansion at 2009 Victoria Drive. In the early post World War It years, Floral Park continued its development as numerou& smaller, single family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park rn iint3inS its identity is the premier neighborhood of Santa Ana. histortrally home to many affluent and prominent citizens. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for heady three decades. Addltlooally, the house has been categorized as Contributive" because if "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture. " representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30- 2.2). Character -defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gahle ends; multi -paned casement windows used on the primary rlevation; and sandy -textured stucco exterior walls. Other- fcaturcS of noto include a picturosquo roof vent that .vrgge.sts a chimney, original wood front door with an arrhed peephole, and iron and glass .crnnre attached to the wall next to the entry. *B12. References (continued): Harris, Cyril M. American Architechue. An lllustmted Encyclopedia. Now York, WW Norton, 1998. Marsh, nrann. Santa Ana, An Illustrated Histr,rv. Fnrmttas, Heritage Publishing, 19W McAlester, Virginia and Lee. A Field Guide to Amerman Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Foon."Washington DC: National Register Branch, National Park Service. US Dept. or/he Inferior, 1991. Office of Historic Preservattun. "Instructions for Recording Historical Resources."Sacramento: March 1995. Whitten. Marcus. American Architecture Since 1780. Cambridge, MIT Press. 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers. tom (Santa Ana Register) Historic Maps, Santa Ana History Room. 1912, 1923, 1932. and 1955_ Armor, Samuel. History of Orange County. Los Angeles: History Record Comfinny, 1921. page 989. Bits clliudlde$OUrceS Commission 507 — 73 DPR 523L 5XV612021 :HILLS ACT AGREEMENT 415 Wes[ Nineteenth Street SaWd Antt. CA 92706 I-:xhihit C EXlel-ior work shall be ruvicwcd by duc I listot-ic RUSUtrreeS Cornrnission and Nubjcct to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Iluildings, as follows: Every reasonable effort shall be made to provide a compatible use for it property which recluires rninirnal alteration of dre building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinnuiehing original qualities or character of a building, structure or site and its environment shall not be destroyed. the removal or alteration of any historic material or distinctive architectural leature should be avoided when possible. 3. All buildings, structures, and siles shall be recognized as products of Iheir own time. Alterations that have no historical basis and which seek w create an earlier appearance. shall be. discouraged. 4. ('hamres whiclt may have taken place in the course of time are evidence of the history and dcvclopmeru of a building, structure, or site and its envirtnmicnt. These changes may have acquired signilieanice in their own right, and this significance shall be recognized and respected. 5. Dislindive stylistic leattlres or examples of skilled craftsmanship which characterize a building., structure, or site shall be treated with sellsitivity- 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities- Repair or rcplaccrncnt of missing architectural lcatu-cs should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. I'hc surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonablee effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary deign for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, at•chitectural or cultural material, an such design is compatible with Hilo, act.keiources Commission 1 517 — 74 5DVB12021 -- :HILLS ACT AGREEMENT 4I5 NV'es[ Nineteenth Street SaWdAita. CA 92706 size, scale, color, material and character of the property, neighborhood, or environmenl- 10. Whercwt- possible, new additions or alterations to structures shall be done in such a manner that iI' uch additions or alieraiions need to he removed in the future, the essential form and integrity of the structtu-e would be unimpaired- Hils)cOat-Rekources Commission 527 — 75 57?VB12021 6 0101117_101MA H RC 2021-05/ H RCA 2021-05/ H PPA 2021-05 415 WEST NINETEENTH STREET W.M. CORY HOUSE PLANNING AND BUILDING AGENCY BibtcftAe$ources Commission 537 — 76 57 612021 HILLS,I CT AGREEMENT 2339 Norda heliotrope Drive Santa Ana. CA 92706 RECORDING REQUESTED BY AND WIII'N RI:CORDFD MAII.TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council I RLL ILLCORDING PURSUAM 10 GC>VLICNMLN I COOL 5 27383 TTTSTORTC PROPERTY PRESFRVATTCIN AGREFMFNT This Historic Property Preservation Agreement ("Agreement"") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and Taws of the of the State of California (hercinatter referred to as "City'), and Peler Jackson and EvanJackson, Husband And Husband As Cornruunity Property with Right of Survivorship, (hereinaller collectively referred to as "Owner'), owner of real propCrty located at 2339 North Heliotrope Drivee, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 ct seq. (known as the "Mitts Act") to enter into contacts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and intcurity. B. The Owner possesses fie title in and to that ecrtain qualified real propa'ty_ together with associated structures and improvements thereon, located at 2339 North Heliotrope Drives, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and her-cinalierrel'er-ed to as the "Historic Property" C_ The Historic Property is officially designated on the Santa Ana Register of listoricnl Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their nnhntal benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource liar Owner- and for the wnumurit_y; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropri:-rte; and to ensure that rehabilitation and maintenance are carried out in an Cxemplary manner_ City Council I 17 — 77 7/6/2021 Exhibit 5 HILLS, I CT n GREEMENT 2339Norih heliotrope Drive Santa Ana. C 1 92706 E. Owner and City intend LO carry Out the pul3wscs of Caliluntia Government Cock, Chapter I , Part 5 of Division I ofTitle 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1 -9, Sec- 439 et seq-, Chapter 3 Part 2 ol'Division I of Lhc California Tax and RCVemle Code. NOW, THEREFORE. the City of Santa Ana and the Owner of the historic Property agree as follows - Effective Date and Terms of Agreement. This Agreement shall be effective and connncncc on July- 7, 2021, and shall remain in effect to[- a lean of Len (10) years (hereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tern will anlomatically be extended as provided in Calilornia Government Code Sections 50290 through 50290 and in Section 2, below. 2. Renewal. a- F.ach year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year tern of this AgrccrlicnL unless written notice of nonrenewat is served as provided herein. b. 11' the Owner Or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of notn•enewal of the Agreement ou the other Party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner aL least sixty (60) clays prior to the annual renewal dale, one (I ) year shall auLornatically be added to Lhc Lcrm of Iles Agreement as provided herein- C. Within 30 days from receipt of City's notice of noriiettewal, the Owner ilia -y file a written protest of City's decision of nonrenewal. The City may, at any titre prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in ellect for the balance of the tens then remaining, either liutn its original cxeeutiou ur 1i0111 the last renewal of Lhc Agrcctnetl, whichcvcr may apply. 3. Standards and Conditions for Historic Property. During the tern of this Agreement, the historic Property shall be subject to the following conditions, rcquirc nrcnts and restrietions- a. Owner shall maintain the IIistoric Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining fealores described in the "Historical Property Description" attached hereto, marked as Exhibit Q, notably the gcnand arcllilceLural lbinr, style, materials, design, scale, proportions, 01-g2ni7a6011 of WirtdoWS, doors, and other openings, textures, details, mass, roof litre, porch and other aspects of the appearance of the exterior to the Salislitelion of the City. City Council z 17 — 78 7/6/2021 HILLS, ICTnGREEMENT 2339Norda Iletiotrope Drive Santa Ana. CA 92706 b. All changes to the I Iistoric Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Ut?ice of Historic Preservation of the State Department of Parks and. Recreation, namely the IT-S. Secretary of the Interior's Standards and Cluidclincs Ibr Historic Presc nation Projcets- Thcse guidelines arc attached hereto, marked as Lxhibit C, and ineorporatcd ltcrein by this refercnec. Owner shall continually maintain the I istoric Properly in the same or better condition. c. A vice corridor enabling the ucncral public to scc the Historic Property from the public rigtu-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with ally new structrue, such as walls, tenses or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following arc prohibuc l: do nolnion ol'the Historic Property or destruction of character -defining tcatures of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic RCSUtn-CC.s Commission and such alterations arc in keeping with the Secretary of [ntcrior's Standards; deteriorating, dilapidated or unrepaired su-uctures such aS ILirCCS, rook, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as ears, appliances, or hu niture; and other' unsightly by decoration, stntettire or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointnenl, as needed or at least every live (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the Courq' Assessor, the State Department of Parks and Rcercation, and the State Board of Lqualmnion, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to filrnish the City with any and all infonnation requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. CarrlelldhOn. I . The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280. et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City detennines that the Owner have failed to restore or rehabilitate the property in the niauuel specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. I'his cancellation fee shall be a percentage (currenlly set al twelve and one-half (12 V) percent by Government Code Section 50286) of the current fair market value of the City Council s 17 — 79 7/6/2021 HILLS, I CT AGREEMENT 2339 Norda heliotrope Drive Santa Ana. CA 92706 property at the lime of the cancellation, as determined by the county as�e�sUr, Without regard to arty restriction imposed pursuant to this Aoicenncnt. b. If the Historic Property is destroyed by earthquake, fire, flood or other nerilral disaster such that in the opinion of the City Building O11icial more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately bccausc, in cttcet, the historic value of the strvcriur will have been destroyed- No fce shall bc imposed in the case of destruction by acts of God or natural disaster. C. if the historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this A4p•e0111e11t, this Agreement shall he cancelled and no fee imposed, as speei tied in Government Code Section 50288. 6. Enforcement of Agreement. I In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of. the terms of the Agreement- In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and it such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) day; thereafter, or if not corrected within such a reasonable tinge a cony he required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to Cure the breach or default may be commenced within thirty (30) clays and shall thereafter be diligently pursued err completion by Owner), then City may, without fiuthcr notice, dcclarc it default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the germs of this Agreement, apply to any court, stale or - federal, for injunctive relief against any violation by 0"ner or apply for such relief as may be appr'oprlatc- b. City does not waive :ray claim of default by the owner if City does not enforce or cancel this An ecment- All other remedies at law or, in equity which are not otherwise provided for in thin Agreement or in City's regulations governing historicc properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2339 North Heliotrope Drivee, Assessor Parcel Number, 002-071-08, and more particularly described in P,xhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. h- City and Owner hereby declare their speei fie. intent that the covenant,, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass co and be binding upon Owner's successors and assigns in title or interest to the Historic Property. h:very ionlracl, deed, or other instrument hereinaller executed, covering or conveying City Council 17 — 80 716/2021 HILLS, I CT AGREEMENT 2339 Norda Ileliotrope Drive Santa Ana. CA 92706 the I Iiswric Properly or any portion thereof, shall conclusively be held to have been CXCCnted, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such txnuract, deed, or other 111strument- 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation unposed under this Agreement, it being reconnized that the consideration for the execution of this Ageement is the substantial publicc benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the etteet upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required b-y the terms of this Agreement shall be sent TO the address of the respective parries as specified below or at other addresses that may be Later specified by the parties hereto - City: City of Santa Ana 20 Civic Center PIa7a (M-30) Santa Ana, C'A 92702 Attn- Clerk of the COnneil Owners! Peter and Lvnn Jackson 2339 North Heliotrope Drivee Santa Ana, CA 92706 10. General Provisions. I , None of the terms, provisions', or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of' their heirs, successors, or assigns, nor shall such Icons, provisions or conditions cause them to be considered joint ventures or members ofanyjoint enterprise. h- The Owner agrees to and shall indemnify and hold the ('try and its elected and appointed officials, ol'liccrs, agents, and employees harmless from liability for damage or claims 1br damage for personal injuries, including death, and claims for property damage which tna-y arise from the direct or indirect use or operations of the Owner or those of his or her contractor. Subcontractor, agent, employee, or other peNon acting on his or her behalf which relates to the use, operation, anti maintenance of the Historic Property. The Owner hereby agrees to anti shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, of alleged to have been caused by, reason ofthe Owner's activities in conncetion with the Historic Property. City Council S 17 — 81 716/2021 HILLS, I CT n GREEMENT 2339 ;Vorih heliotrope Driw Santa Ana. CA 92706 C. This hold harmless provision applies to all dautagc, and claims for darnages sutfered, or alleged to have been suffered, and costs of detense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, sped fiCations or other documents lbr the Historic Propelty- d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whahcr by operation of law on in any manner wltatsocvcr- e. In the event legal proceedings arc brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding nray recover all reasonable atlontcy's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any cotut of competent jurisdiction, or by subsequent preemptive legislation, the validity and enlin-ceabilit-V of the remaining provisions, or portion, thcraof. shall not be effected thereby. k. l his Agreement shall be construed and governed in accordance with the laws of the Sidle ofCalillomia, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agrccmcnt to be recorded in the office. of the. County RCCOr"dcr- of the C:ouirty of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a writtcu recorded instrument excctrted by the parties hereto. 13, H'.tfective Date This Agreement shall be effective on the clay and year first written above in Section I - {Signature page lirllows City Council 17 — 82 7/6/2021 ATTEST: DAISY GOMLL Clerk of the Council OWNE14 Daly. Datc: APPROVED AS TO FORM: SOMA (.:ARVALIIO City Attorney I;y:.IvG• T.-k- JOM M. FUNK Assislanl City Allomcy HILLS, I CT AGREEMENT 2339 Norda heliotrope Drive Santa Ana. CA 92706 CITY OF SANTA ANA KRISTINE R1DGL City Manager BY: PG7'L',R JACKSON By: EVAN JAC:KSON RECOMMENDED FOR AI'I'ROVAL: M1NH THA1 EXCClllivc DircCLOr Planning and Building Agency City Council 17 — 83 716/2021 HILLS, I CT AGREEMENT 2339 Norda heliotrope Drive Santa Ana. CA 92706 EXHIBIT A I FGAI. DESCRIPTION THE LANE) REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 9 AND NORTH 10 FEET OF LOT R AND THE NORTIT 10 FEET OF LOT R OF BLOCK B OF TRACT NO. 1015 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 33 PAGE(S) 46 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-071-08 City Council s 17 — 84 716/2021 C7i1I10 M-3 EXECUTIVE SUMMARY 2339 North Heliotrope Drive Santa Ana, CA 92706 NAME Raddant House REF. NO. ADDRESS 2339 North Heliotrope Drive Cl I Y Santa Ana LIP 1 92106 ORANGE COUN I Y YEAR BUILT 1941 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT NIA NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C13 CALIFORNIA REGISTER STATUS CODE SS3 Location: ❑ Not for Publication ® Unrostrictcd ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half -century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi -paned casement or double -hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometlmes contalned Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape God in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period —wood, brick, stone, and stucco —although stucco came to be used more frequently than before (McAlester 1934, 320-339). The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the facade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and is representative example of late Colonial Revival architecture (Santa Ana Municipal Code. Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series ft 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, nr method of construction, or represents the work of a master, or possesses high artistic values. . It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be ind for local listing or designation evaluation. City Council 17 — 85 7/6l2021 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #_ HRI # Trinomial_ NRHP Status Reviewer rce name(s) or number (assioncd by recorder) P1. Other Identifies *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: Marrh 3. 2015 'e. Address 2339 North Hellntmpe Dnve City! Santa Ana Zip! 92706 'e. Other Locational Data: Assessors Parcel Number 002-071-08 '123a. Description: (De};rnne resnurre and Its InBlnr eleIOeril, Indtirle de,gr1, IrIBtP.nI k, LOridiffinn, alterBlinrl S, LLP., tiPl_inq, Brim hotiridwips) Located In Floral Park, the Raddarit House Is a two-story single-family residence constructed Iii the Late Colot lal Revival variant of the Colonial Revival Style. Simplicity and the symmetrically composed hagade identify the Colonial Revival inspiration for this singlo-family residenre- It is cappod by e model-atcly pitched, side -gabled roof with enclnsrd soffits, which has born somewhat compromised by n rear, two-story addition. However, the addition is hasty discernahle frnrn the public right -of --way. The roof is clad in contemporary asphalt shingle rooting, and the exterior walls are clad with wide clapboards trimmed by grooved endbowds and a fhozo boarJ. The focal point of the design is the central tocessed entry with paneled reveals, paneled door, and half -height sidelights. An interlorbnck chimney rises above the roof ridgeline. Four symmetrical, six -over -six, double - hung sash windows framed by shutters line the front (west) elevation. Fenestration along the north, south, and east elevations consists of four -over -four. six -over -six. and eight -over -eight double -hung windows. A one-story. side -gabled. detached garage also Clad in wide clapboards is located in the rear of the property_ While the residence has been altered. the alterations do not detract frcrm the integrity of the residence. The property is landscaped with low vegetation, neatly trimmed hedges, mature trees, and featweS a central concrete walkway leading to the front entry. 'P3b. Resource Attributes: (Ilst attrlbutos antl cudus) HP2. Single -Fan tily Residence 'P4. Resources Present: ■BUIlding UStructure, LJOb)ecl USite LJUistnct LJLlement of Uislncl LJOther P5a. Photo P5b. Photo: (view and date) West elevation. view east March 2021 *PG. Date Constructed/Age and Sources: ■historic 1941/ City of Santa Arta Building Permits 'P7. Owner and Address' Peter and Evan Jackson 2339 North l teliotrupe Drive Santa Ana, CA 92706 -`P8. Recorded by: Perlin Cnmrz, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'P9. Date Recorded' May 13. 2021 11310. Survey Type' Intensive Survey Update 'P11. Report Citation: (Cite survey rupurt and uthur suurcus, ui untur nunu) None *Attachments:ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record []Photograph Record ❑ Other (list) ❑PR 523A (1195) `Required information City Council 17 — 86 7/6l2021 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of :3 'NRHP Status Code 5S3 'Resource Name or #! Haddant House B1. Historic Name: Raddant House B2. Common Name: Saine 83. Original Use! Single-family Residence 84. Present Use! Single-family Residence *S5. Architectural Style: Colonial Revival *BG. Construction History: (Construction date. alterations. and date of alterations): April 15, 1941. Constructed. $6,000. October 28, 1964. Patin roof for R.C. Raddant by Acne Constniction Company. $375. May 14, 1981. 625-sryuare-toot. serond story addition for two bedrooms and bath for Angel by Rlue Rihhnn. $19, 344. May 31. 1991. Install Six foot high wood fence. $1, 700. April 29, 2005. Reroof with tear off to remove wood shake roof and apply roofing tile. $9, 840. July 30. 2020. Tear off existing roofing and install compoSilloa shingle 1100fing.$10,188. *87. Moved? ■No [Yes [Unknown Date: Original location: "B8. Related Features: Detaches/ Garage. B9a. Architect: Unknown In. Builder: Allison Honer *B10.Significance: Theme Residential Architecture Area Santa Aria Period of Significance: 1941 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by thema, period. and geographic scope. Also address integrity) The Raddant House is architecturally significant as a characteristic example of the late Colonial Revival style. It was built in 1941 by prominent developer and builder Allison Honer. the subdivider of (Iota/ Park. The homa was sold to tha Raymond Contact Raddant (1696-1973) and wtfo Ora Mina Raddant (1696-1077) in October 1941. Mr: Raddant was a bonkat working as a manager of the Bank of Italy in the City of Orange, and he would continue with that company until his retirement in in the 1950s after it became Bank of Arnenca. In February 1978, following the death of Mrs. Ora Mina Raddant, her executor Clifford L Benson sold the property to Stephen and Eileen Angel for $98.000. Since then. the Raddant House has been occupied by various owners until the current horneowners purchased the home in 2020. (See Continuation Sheet 3 of 3.) Bl1. Additional Resource Attributes (USi Allribule5 And codes) *S12. Referenres* City of Santa Ana Building Permits Santa Ana History Roorn Collectton, Santa Ana Public Library Sanborn Maps (Sec Continuation Shoot 3 of 3) 1313. Remarks: 'B14. Evaluator! Lcslic HCUmann/ChattCI Inc. "Date of Evaluation: May 13. 2021 (This space reserved for official comments.) Sketch Map Raddant House rrp,, . 2339 North Heliotrope Drive HEL fO TROPE 1 (2�) DPR 523D (1195) `Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI 9 CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name! RoddantHousc 'Recorded by Pedro Gomez `Date May 13, 2021 LxJ Continuation ❑ Update *810. Significance (continued): The Raddaot House is located in Floral Part(, a neighborhood northwest of downtown Santa Ana hounded by West Seventeenth Street. North Flower Street. Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developerand builderAthson Honer (1897-1981). credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls. New York in 1922 (Talbert, pages 353-356). 'Before nightfall on tire clay of his arrival, Mc Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register: September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Saritlago Creek. "When built /it the 1920s. the Floral Park hotnes were the most lavish and expensive in the area. they sold for about $4b.000 each (Orange County Hegrster: September 1b, 1981)_ Revival at chifecfuro in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the Fimglish Tudor, Frenrh Norman, Spanish Colonial. and Colonial Revival. The Allison Honer Cnn.ctniction Cgmpany went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Hnner Shopping Plaza. Honor lived in the nrighhnrhond he had helped to cmnto, at 615 West Santa Clara Avenue. In the late 1920s and 1930S. another budder. Roy Roscoe Russell (1881-1965). continued developing the groves of Floral Pad(. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street .and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russells own large. Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as numernuS, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park mainlains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prnminCnt Citizens. The Raddant House qualifies forlisting in the Santa Ana Register of Historical Properties underCrfterion 1 as a nicely detailed pxamplp of the late Colonial Revival style in Santa Ana. Its 110n7nntality, apparent on trip faSade, presaged the past -war einett]ence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as "Contribulive"because It cootribules to the overall character and is represerlaltve example of late Culonial Revival archileclure (Santa Ana Municipal Code, Seclion 30-2.2). Character -defining features of the late Colonial Revival exhibited by this property include its symmetrically corrrpused fd4ade: sheathing of wide clapboards intorhed by grooved endboards and a frieze board, recessed entry with paneled reveals, paneled door, and half - height sidelights, and fapade fenestration of eight -over -eight double -hung sash windows framed by shuttets, '812. References (continued)! Ancestry.curn. California, Death Index, 1940-1997 [database on-line) Provo, UT USA, Ancestry.corn Operationu Irlc, 2000. Ancesty.corn. 1930 United States Federal Census fdatabase on-line]_ Provo, UT, USA. Ancestry corn Operations Inc, 2002. Harris, Cyril M American Arrhitectuto An Illustrated Encyrloocdia. New York, WW Norton, 1998. Marsh. Diann. Santa Ana, An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. Now York: Alfred A. Knopf, 1.084. National Rogistor Bulletin 16A. "I low to Cornploto trio National Register Rcgistration Form. Washington DC' National Register Newspapers.cont (Santa Ana Register) Branch, National Part( Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. ` Sacramento: March 1995. Whiffen. Marcus. American Archttecture Since 1780. Cambridge: MIT Press. 1969. Santa Ana and Orange County Directories. 1920-1979. Year. 1930. Census Place: Santa Ana. Orange, California; Page: 68. Errurneratiun District: 0080; FHL microfilm: 2339917 City Council DPR 523L 17 — 88 7/612021 HILLS, I CT AGREEMENT 2339 Norih Iletiotrope Drive Santa Ana. CA 92706 Exhibit C. F.xteriorwork shall be reviewed bythe Historic Resources Commission and subjectto the U.S. Secretary ofIli e interio's Standards lbrRehablhtaIion ofHistoric Buildings, as IbIIUws: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishitr.- ori.-Mal qualities or character of a building, structure or site and its environment shall not be desnoyed. The removal or alteration of any historie material or distinctive architectural features should he avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Cringes which may have taken place in the course of brae are evidence of the history and development of a building, strucwre, or site and its environment. I'hcse changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic fcaRtres or- examples of skilled c attsmanship which characterize a building, structure, or site sliall be treated with sensitivity. Oi Deteriorated architectural features shall be repaired rather than replaced, whcncver possiblc. in the event replacement is ncccssat v, the new matcrial should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural fcantres should be based on accurate duplications of features, substantiated by historic, physicdl, or pictorial evidence rather than on conjectural designs or the availability of dillcrent architectural elements liom the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possiblc. Sandblasting and other cleaning methods that will damage the historic building materials shall not be Undertaken- X. livery reasonable effort shall be made to protect and restive archaeological resources affected by, or attjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material. an such design is compatible with City Council 1 17 - 89 716/2021 MILLS ,1 CT AGREEMENT 2339 Norih Iletiolrope Drive Santa Ana. CA 92706 size, scale, color, tnateial and character oh the property, neighborhood, or environment. 10- Whereverpossible, new additions or alterations to suucuu-es shall be done in such a manna- that il'such additions or alterations need to be rcruovcd in the littnre, the essential form and integrity of the structure would be unhupairai. City Council 2 17 — 90 716/2021 Planning and Building Agency Item # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 — The Raddant House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 08 and Historic Register Categorization No. 2021-08 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Peter and Evan Jackson, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Peter and Evan Jackson are requesting approval to designate an existing residence located al 2339 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Heliotrope Drive in the Floral Park neighborhood. The site consists of a 2,124-square-foot, the Colonial Revival Style residence and detached garage on a 10,600-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site BibtdLinAekources Commission 771`7 — 91 57?V812021 Exhibit 6 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 — The Raddant House May 13, 2021 Page 2 having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 80 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Raddant House, is located within the Floral Park neighborhood and has distinctive architectural features of the Late Colonial Revival Variant of the Colonial Revival Style architectural style. The residence was built in 1941 by prominent developer and builder Allison Honer, the subdivider of Floral Park. Allison Honer was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The Raddant House is a two-story single-family residence constructed in the Late Colonial Revival variant of the Colonial Revival Style. Simplicity and the symmetrically composed facade identify the Colonial Revival inspiration for this single-family residence. It is capped by a moderately pitched, side -gabled roof with enclosed soffits, which has been somewhat compromised by a rear, two-story addition. However, the addition is barely discernable from the public right-of-way. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad with wide clapboards trimmed by grooved endboards and a frieze board. The focal point of the design is the central recessed entry with paneled reveals, paneled door, and half -height sidelights. An interior brick chimney rises above the roof ridgeline. Four symmetrical, six -over -six, double -hung sash windows framed by shutters line the front (west) elevation. Fenestration along the north, south, and east elevations consists of four - over -four, six -over -six, and eight -over -eight double -hung windows. A one-story, side - gabled, detached garage also clad in wide clapboards is located in the rear of the property. While the residence has been altered, the alterations do not detract from the integrity of the residence. Character -defining features of the late Colonial Revival exhibited by this property include its symmetrically composed fagade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board, recessed entry with paneled reveals, paneled door, and half -height sidelights; and fapade fenestration of eight -over -eight double -hung sash windows framed by shutters. HibtddaAedources Commission 787 — 92 57NB12021 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 — The Raddant House May 13, 2021 Page 3 The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the facade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and is representative example of late Colonial Revival architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include - Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Hibtddaaedources Commission 797 — 93 577VB12021 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 — The Raddant House May 13, 2021 Page 4 Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-27 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $757.89 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Hib)cOm dedources Commission 807 — 94 577VB12021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-08 TO PLACE THE PROPERTY LOCATED AT 2339 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-08 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-08) and categorization (Historic Resources Commission Categorization No. 2021- 08) of the Raddant House located at 2339 North Heliotrope Drive, Santa Ana. B. The Raddant House has distinctive architectural features of the Colonial Revival style and was built in 1941. C. The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the fagade, presaged the post-war emergence of the Ranch Style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and is representative example of late Colonial Revival architecture. Character -defining features of the late Colonial Revival exhibited by this property include its symmetrically composed fagade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board; recessed entry with paneled reveals, paneled door, and half -height sidelights, and facade fenestration of eight - over -eight double -hung sash windows framed by shutters. D. The legal owners of the property are Peter and Evan Jackson. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Sib)cOn Fdedources Commission 817 — 95 57?V8/2021 Resolution No. 2021-XXX Page 1 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-22(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2021-27 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2021-08 to place the Raddant House located at 2339 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-08 placing the Raddant House located at 2339 North Heliotrope Drive, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 13t" day of May, 2021. Alberta Christy Chairperson Sib)actFdedources Commission 827 — 96 57?V8/2021 Resolution No. 2021-XXX Page 2 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:—KM �. �� ,J unk Sr. Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: Commission Secretary City of Santa Ana Sib)(EintRdedources Commission 837 — 97 511Y8/2021 Resolution No. 2021-XXX Page 3 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-071-08 2339 North Heliotrope LOT 9 AND NORTH 10 FEET Peter and Evan Drive OF LOT 8 AND THE NORTH Jackson 10 FEET OF LOT 8 OF BLOCK B OF TRACT NO. 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33 PAGE(S) 46 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2021-XXX HilJkaimkedources Commission 847 — 98 :HILLS ACT AGREEMENT 2339 Ranh Heliotrope Drive Suala Ana. CA 92706 REC:ORDINO I?FOUF.S I I -;I) BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 GViC CC[ItCa' PIa7a (M-30) Santa Ana, CA 92702 Attn_ Clerk (If the CAunCil EREF RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AG1 LL:ML:NT This TTistoric Property Preservation Agreement (`Agreement") is made and entered into by and betwCCTI the City of Santa Ana, a clrartCr city and municipal corporation Ally organized and existing under the COn3lin 11011 and laws of the of the State of C:alifurnia (hereinafter referred to as "City"), and Peter Jackson and Evan Jackson, Husband And Husband As Community Property with Right of Survivorship, thereinafter collectively referred to as "Owner"), owner of real property located al 2339 North Heliolrope Drivec, Santa Ana, California, m the County of Orange and listed on the Santa Ana Register of Historical Properties. RLCITALS A_ The City CAnnCil of the City of Santa Ana is auth01-i7ed by California Government Code Section 50280 ct scq. (lwowo as the "Mills Act") to cntcr into contracts with owners of qualified historical properties to provide for appropriate use, mainteiance. rehabilitation rind rCstoretion such that these historic properties relain their hisloric character and integrity. B. The Owner possesses fee title in and to Ihat certain qualified real property together with associated structures and improvements thereon, located at 2339 North Heliotrope Drivee, Santa Ana, CA, 92706 and more partietilarly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "IIistoric Property". C_ The Uktoric Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requiratrents of Chapter 30 of the Santa Ana MtmiCipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this agreement which defines and limits the rise and alteration of this Historic Property in order to enhance and maintain its vahle as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to Cnsurc that repairs, additions, new building, and other changes arc appropriate.; and to ensure that rehabilitation and maiarenance are carried out in an exetnplar_y manner. Hibaldi'iatt-Reitources Commission 1 857 — 99 5DV812021 -- :HILLS ACT AGREEMENT 2339 Ranh heliotrope Drive Saala Asa. CA 92706 F.. Owner and City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq which Will enable the Historic Property to qualify lot an assessment of valuation as it restricted historical property pursuant to Article 1.9, Sec. 439 ct seq., Chapter 3 Parl2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 7, 2021, and ;hall remain in etfeet tier a term of ten (10) years thereafter. Lach year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. I . Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year terns of this Agreement unless written notice of nonrenewal is served as provided herein- h. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party - Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal dale, one (1) year shall automatically be added to the term of the Agreement as provided herein- c. Within 30 days from receipt of C;ity's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The. City pray, at any time prior to the annual renewal date of the Agreement, withdraw it3 notice to the Owner of nonrenewal. d. if either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the halance of the term then remaining, either from its original execution or fr-onn the last renewal of the Agreement. whichever may apply, 3. Standards and Conditions for Historic Property. During the term of this Agreement. the H istoric Property shall he subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, "here necessary. restore or rehabilitate the property and its character - defining features described in flic "Historical Property Description" attached hereto, marked as Fxlribir B, notably the general architectural form, style, materials, design, scale, proportion~, organization of windows, door,, and other openings, textures, detalk, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Hill act-keiiources Commission 867 — 100 57?VB12021 :HILLS ACT AGREEMENT 2337 A'arth !Heliotrope Drive Su@la Ara. CA 92706 b_ All changes to the Historic Property shall comply with applicable City plans and regulations, and conliirm to the rides and regulations ofthc Oflicc of tlisturic Preservation oft}rc State Department of Parks and Recreation, namely the U.S. Secretary of the hucrior's Standards and Guidelines for Historic Preservalion Projects. "These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference_ Owner shall continually maintain the Historic Properry in the same orbetter condition. C. A view corridor enabling the general public to see the historic Property from the public right-of-way shall be maintained, and Owner shrill not he permitted to block the view corridor to the property with any new sh-ucture, Snell as walla, fences or shrubbery. so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the I Historic Property or destruction of character -defining features of the building or site; removal of' trees and other major vegelalion unless removal is approved by a rehabilitation plan approved by the Historic Resources Cotmnission; paving of _yard surface; exterior alterations or additions unless approved b_y the. llistoric Resources Commission and such alterations are in keeping wide the Secretary of Tnterior'.s Standank deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furnittue, and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointment, as neccled or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Properly by representatives of the Cily of Santa Ana, the Courtly Assessor, the Stale Depau-hnent of Parks and Recreation, and the State Board of Equalization, to deter -mine the Owner's compliance with the terms and provisions of this Agtee new. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all inforrnation requested which may be necessary or advisable to determine compliance with the terrns and provisions of this Agreement. 5. C'ancellalion, a. The City, hallowing a duly noticed public hearing by the City CAnnCII as set h>rth in Government Code Section 50280, et. scq_, may cancel this Agreement if it detr:rrnlr7CS that the Owncr have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standafds for a qualified llistoric Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 2 of this Agreement. Tf a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/) percent by Government Code Section 50286) of the current tair inarkct value of the Hilafact-deitources Commission 877 — 101 57?VB12021 :HILLS ACT AGREEMENT 2339 Ranh !Heliotrope Drive SQ@la Ara. CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to Luny restriction imposed pursuant to this Agreement- b- 11' the Historic Property is destroyed by earthquake, tire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immecliatcly because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of (nod or natural disaster. c- If the. Historic Property is acquired by cnnincnt domain and dnc City Council determines that the acquisition I1Lr5lralC] thee purpose of this Agreernciit, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to canect the Agrcennent as rcti;rcnced herein, City may Specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the ('ity shall give written notice to Owner by registered or certified snail, and if such zr violation is not connected to the rcasmnable satisfaction of the laity Manager or designee. within thirty (30) clays thereafter, or if not corrected within such a reasonable time as may be required to cute the breach or default, or default cannot be cured within thirty (30) clays (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter he diligently ptn-suetl to completion by Owner), then City may, without further notice, declare a default under the teiin, of this Agreement and tnay bring any action necessary to specifically enforce the obligation, of Owner growing out of the terms of this Agrcetncttt, apply to arty cuttrt, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be app top ri a I e. b. City does not waivec any claini of dctault by the Owner if City does not cnforec or carleel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement- No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any Other subsequent breach thereof or default hercundcr. 7. Rinding effect of Agreement. a- Owner hereby subjects the Historic Property, located at 2339 North Heliotrope Drivee, Assessor Parecl Numbei, 002-071-08, and morn particularly described in Exhibit A. in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b- City and Owner horehy declare their specific. intent that the covenants, conditions and resrctions as set forth herein shall be deenned covenants running with the land and shall pass to and be binding upon Owner's successors and assign; in title or interest to the Historic Properry. Evcry contract, deed, or other itstrttmcnt hereinafter executed, covering or conveying Hits, acl-keiources Commission 4 887 — 102 57?VB/2021 :HILLS ACT AGREEMENT 2339 Ranh !Heliotrope Drive Saala Ara. CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agrccncnt re�pardless of whether such covenants, conditions and restrictions arc set forth in such Contract, dccd, or other instr ut nent. 8. No Compensation. Owner shall not receive any payment front City ill consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to he derived therefrom and the advantage that Will aca-ue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the teens of this Agreement shall be sail to the address of the respeetive parties as specified Below or at other addresses that may be later specified b-y the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana. CA 92702 Attn: Clerk of the Council Owners: Peter and Evan Jackson 2339 North Heliotrope Drivec Santa Ana. CA 92706 10. General Provisions. I . None of the icrtns, provisions, or conditions of this Agreement shall be deemed TO create a partnership between the parties hereto and any of their heirs, successors, or assigns. nor shall such tennN, provisions or conditions cause them to be considered joint ventures or member.~ of any joint enterprise- b. The Owner agrees to and shall indemnity and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including= death, and claims for property damage which may arise from the direct or indircet use. or operations of the Owner or those of his or ller contractor, subcomractor, agent, employee, or other person acting on his or her behalf which relates to the. use, operation, and maintenance of the listoric Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Hil)act-keitources Commission 5 897 — 103 57?VB12021 :HILLS ACT AGREEMENT 2339 A'arth !Heliotrope Drive SQ@la Ara. CA 92706 C. I his hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of delense inetured, by reason of the operations rcl'crrcd to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d- All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties lrcacin, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the llistnric Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of au_v of the covenants, reservations, or restrictions contained herein, or to determine the rights and clutics of any party hereunder, the prevailing parry in suelt proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and oilier relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be. unenforceable or invalid by any court of competent jurisdiction, or by sUibsequent preemptive legislation, the validity and enforceability of the remaining provisions, or porrions thereof, shall not be effected ihcrchy- g. This Agreement sliall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the ofirce of the t'ounty Recorder of the County of 01`ange- 12. Amendments. Phis Agreement may be amended, in whole or in part, only by a written recorded insu-ument executed by the parties hereto- 13, Rtfective Date This Agreement shall be effective on the day and year first written above in Section 1- {Signature page follows, Hibltfda LRe4ources Commission 907 — 104 57?VB12021 ATTEST: DATSY GOMEZ Clc114: of tlic. Council OWNE14 Dare: Date: APPROVED AS TO FORM: SONTA CARVALHO City Attomcy By: JOHN M. DUNK Assistant City Attorney :HILLS ACT AGREEMENT 2339 A'arth !Heliotrope Drive SanlRAt2 CA 92706 CITY OF SANTA ANA KRTSTTNE RTD6E City Managcr Ily: 1'F.TF.Ti JAC,KSON BY: FVAN 7ACKSON RECOMMENDF I) FOR APPROVAL: M1N11 T11A1 Executive Director Planning and Building Agency HiIbld6nt-deitources Commission 917 — 105 57?VB12021 :HILLS ACT AGREEMENT 2339 Ranh !Heliotrope Drive Su@la Ata. CA 92706 EXHIBIT A LEGAL DESCRIPTION I'HI{ I,ANI) RIiPI{RRIiI) I'O HI{RI•:IN III 1 OW IS SITUA FFI) IN TFIF CITY OF SANTA ANA, COUNTY OF ORAN(TE, STATE. OF CM IFOIZNIA, AND IS I)F;SCIZIB d) AS FOLLOWS: LOT 9 AND NORTH 10 FEET OF LOT S AND THE NORTH 10 FEET OF LOT b OF BLOCK B OF TRACT NO. 1035 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALTFORNTA, AS PER MAP RECORDED TN BOOK 33 PACT(S) IG OF MISCELLANEOUS MAPS, IN I HE OFFICE OPINE COUNTY RFCORI)F:R OF SAIL) COUNTY. Assessor's Parcel Number. 002-071-08 Hib)cOcLkeitources Commission 927 — 106 57?V812021 -b- W7 x91111j lil W4&111 lit I t!i /.\ :y1 Raddant House 2339 North Heliotrope Drive Santa Ana, CA 92706 NAME Raddant House REF. NO. ADDRESS 2339 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1941 LOCAL REGISTER CATEGORY, Contributive HISTORIC DISTRICT I NIA NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION Cl3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half -century and was often reduced to a few signature elernents. These features include stylized door surrounds; pseudo-quoined corners; multi -paned casement or double -hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period —wood, brick, stone, and stucco —although stucco carve to be used rflore frequenLly than before (McAlester 1984, 320-339). SUMMARY/CONCLUSION: The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the fagade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as 'Contributive' because it contributes to the overall character and is representative example of late Colonial Revival architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . It embodies the distinctive characteristics of a type, period, region, or niethod of construction, or represents the work of a master, or possesses high artistic values. SS3: Appears to be ind for local listing or survey evaluation. SibtcftAegources Commission 937 — 107 57NB12021 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi: I, t:rt �.-filtf�KT.L7 Other Listings Review Code Reviewer Page 1 of _.�_ Resource name(S) or number (,a5signed by recorder) Raddant I louse P1. Other Identifier: *P2. Location: ❑Nol for Publicalion mUnfeslricLed *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 'c. Address 2339 North Heliotrope Drive City: Santa And Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-071-08 *P3a. Description: (Describe resource and its major elements. Include design. materials. condition. alterations. size, setting. and boundaries) Located in Floral Park, the Raddant House is a two-story single-family residence constructed in the Late Colonial Revival variant of the Colonial Revival Style. Slmp/trlty and the symnletarnlly rompnsed MC.ndc identify the Colonial Revival inspiration for this Singic-fari rostdonco. It is capped by a modcratcly pitched, Stde-gabled roof with cnclosca Soffits, which has Wen somewhat compromised by It rear, two-story addition. However, the addition is barely discernable from the public right-of-way. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad with wide clapboards trimmed by grooved endboarls and a fneze board. The focal point of the design is the central recessed entry with paneled reveals. paneled door. and half -height sidelights. An interior brick chimney rises above the roofridgeltne. Four symmetrical. six -over -six, double - hung sash windows frarned by shullers line the front (west) elevation. Fenestration along the north, scull), and east elevations consists of hour -over -four, six -over -six. and eight -over -eight double -hung windows. A one-story, side -gabled, detached garage also clad in wide clapboards is located in the rear of the property. While the residence has been altered, the alterations do not detract from the integrity of the residence. The property is landscaped with tow vegetation, neally trimmed hedges, mature trees, and feahves a central concrete walkway leading to the front entry. *133b. Resource Attributes (list xttribntes end codes) HP2. Single -Family Pesidenre "134. Resources Present* ■Building ❑Stnrrttrre ❑Ohject ❑Site ❑District ❑Elemant of District ❑Other P5b. Photo: (maw ind duLc) West elevalion, view east March 2021 *P6. Date Constructed/Age and Sources* ■historic 1941/ City of Santa Ana Building Permits *P7. Owner and Address: Peter and Evan Jackson 2339 North Heliotrope Drive Santa Ana, CA 92706 'P8. Recorded by: Pcdro Gomcz, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: May 13, 2021 *P10. Survey Type: Intensive Survey Update *P11. Report Citation! (Gle survey report and other sources. or enter "none") Norte "Attachments: ONone ❑Location Map []Sketch Mdp ■ Cori tinualicit Sheet ■Building, Structure, and Object Record UArchaeological Record LIDisricl Record LJLinear Fealure Record IJMiILng Station Record URock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (1iss) DPR 523A (1195) 'Required information Bit tclliedlde$OUrceS Commission 947 — 108 5Ti?612021 State of California —The Resources Agency Primary It DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 "NRHP Status Code *Resource Name or #: Raddant House 61. Historic Name: Raddan! House B2. Common Name: Same R3. original Use! Singlr,-family Rrsidrnco 64. Present Use! Single-family Rrsidrncr `85. Architectural Style! Colonial Revival *B6. Construction History: (Cnnstruction mate, alterations, and mate of alterations): April 15, 1941. Constructed. $6,000. October28. 1964. Patio roof for R.C. Raddant by Acme Construction Company $375. May 14, 1981. 625-square-foot, second story addition for two bedrooms and bath for Angel by Blue Ribbon. $19.344. May 31, 1991_ Install six foot high wood fence. $1.700. April 29, 2005. Reroof with tear off to remove wood shake roof and apply roofing tile. $9, 840. July 30. 2020 Tear off existing roofing and install composition shingle roofing.$10,188. `B7. Moved? ■No OYes ❑Unknown Date: Originallocatioi *BS. Related Features! Drtachcd Uaragr,. B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Hesrden6al Archdeclure Area Santa Ana Period of Significance: 1941 Property Type: Single -fairly Residence Applicable Criteria: C/3 (Discuss irnporlance in lends of historical or a« :hileclural (:onlext as defined by thenw, period, arid aeotuaphic scope- Also address inle[trily) The Raddant House is architecturally significant as a characteristir example of the late Colonial Revival style. It was built in 1941 by prominent developer and builder Allison Honer, the subdivider of Floral Park. The home was sold to the Raymond Conrad Raddant (1896-1973) and wife Ora Mina Raddant (1896-1977) in October 1941. Mr. Raddanf was a banker working as a niandger of the Bank of Italy in the City of Orange, and lie would conlinue Willi that company until his retirement in in the 1950s after It becarrie Bank of America. In February 1978. following the death of Mrs. Ora Mlita Raddant her executor Clifford L. Benson sold the property to Slephen and Eileen Angel for $98,000. Since then, the Raddant House has been occupied by various owners until the current homeowners purchased the home in 2020- (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: Gist allribules and codes) "612. References: City of Santa Ana Building Parmlts Santa Ana I liStory Room COIIOCtion, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks' -`1314. Evaluator: Leslie Heumann/Chattel Inc. `Date of Evaluation: May 13, 2021 (This space reserved for official comments.) DPR 523E (1/95) Sketch Map Raddant House TRAC 2339 North Heliotrope Drive � r 0 S 21 29 RAG Ir 010 REL 10 TROPf 'Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Raddant House 'Recorded by Pedro Gomez 'Date May 13. 2021 ❑O Continuation ❑ Update *B10. Significance (continued): The Raddant House is located in Floral Park. a neighborhoo(I northwest of downtown Santa Ana bounded by West Seventeenth Street. North Flower Street, Riverside Drive. and Broadway Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981). credilecl as the subdivider and builder of a major- pendent of northwest Santa Arre, arrived in Santa Ana from Beaver- Falls, New York in 1922 (Talbert. pages 353 356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15. 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and oxpcnsivr in the area. They sold for about $45,000 each" (Orangc County Rcgistcr-, Scptrmbcr 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the Fngltsh Tudor, Frenrh Norman, Spanish Cnlnnial, and Colonial Revival. The Allison Hnner Cnnstnn:rion Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Had, the El Toro Marine Base during World War ll, anct the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the fate 1920s and 1930s. another builder. Roy Roscoe Russell (1881-1965). continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineleenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War Il years, Floral Park continued its development as numerous. smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, hofizontil Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park m3intiinS its identify as the premier neighborhood of Santa Ana, historically hnnle to many affluent and prominent citizens. The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana_ Its horizonta6ry, apparent on the fagade. presaged the post-war entegence of the Ranch Style and its use or a Colonial Revival main entry surround aolicipaled a popular variation of the Ranch style. Additionally, the house has been categorized as-Cuntributive"because it contributes to the overall character and Is representative example oflate Coloidal Revival archltecture (S'aidd Ana Murdclpal Code, Section 30-2.2). Chdracter-deflidny features of the late Colonial Hevroal exhibited by MIS properly include its symmetrically composed fagade. sheathing of wide clapboards torarned by grooved endboards and a frieze board: recessed entry with paneled reveals. paneled door, and half- hcight.sidcli_ghfs; and fagadc fprrsb8tion of ci_ght-over-right double -hung sash windows framed by shuttrrs- *B12. References (continued): Ancestry.com_ California, Death Index, 1940-199( Idatabase on-hnef_ Provo, U1, USA: Ancestry_rom Operations Inc, 2000. Anccstr-y.corn_ 1930 United States Federal Census fdatabasc on-lincl. Provo, UT, USA: Anccstry.com Uprrations Inc, 2002_ Harris, Cyril M. American Architecture: An Iflustrnted EncyrfofL. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Enrinitas, Heritage Publishing, 1994. MCAlostor, Virginia and Lee A Field Guide to Amencen Houses. Now York, Alfred A. Knopf, 1084. Natintal Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Newspapers.conl (Santa Ana Regtster) Branch, National Park Service. US Dept of the Interior. 1991. OfficeufHtstoricPreservatton. "Instructions for Recording Historical Resources." Sacramento:March1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Year. 1930; Census Place. Santa Ana, Orange, Califolnia,Page. 6B; Enumeration District: 0080; FHL microfilm: 2339917 HitJc is Aedources Commission 967 — 110 DPR 523L 57NB12021 :HILLS ACT AGREEMENT 2339 Ranh !Heliotrope Drive SQ@la Atrr. CA 92706 I-:xhihit C EXlel-ior work shall be ruvicwcd by duc I listot-ic RUSUCrreeS Cornrnission and Subjcct to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Iluildiogs, as follows: Every reasonable effort shall be made to provide a compatible use for it property which recluires rninirnal alteration of dre building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinnuiehing original qualities or character of a building, structure or site and its environment shall not be destroyed. the removal or alteration of any historic material or distinctive architectural leature should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of Iheir own time. Alterations that have no historical basis and which seek w create an earlier appearance. shall be. discouraged. 4. ('hamres whiclt may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its envirtnmicnt. These changes may have acquired signilieanice in their own right, and this significance shall be recognized and respected. 5. Dislindive slylkk le:lttlres or examples of skilled craftsmanship which characterize a building., structure, or site shall be treated with selsitivity- 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities- Repair or rcplaccrncnt of missing architectural lcatu-cs should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. I'hc surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonablee effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary deign for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, al•chitectural or cultural material, an such design is compatible with Hilo, act.keilources Commission 1977 — 111 5DVB12021 -- :HILLS ACT AGREEMENT 2339 Ranh !Heliotrope Drive SaWdAila. CA 92706 size, scale, color, material and character of the property, neighborhood, or environmenl- 10. Whercwt- possible, new additions or alterations to structures shall be done in Such a manner that iI'uch additions or alterations need to he removed in the future, the essential form and integrity of the structtu-e would be unimpaired- Hils)cOat-Rekources Commission 987 — 112 57?VB12021 63,2 tee[ �mW H RC 2021-08/ H RCA 2021-08/ H PPA 2021-08 2339 NORTH HELIOTROPE DRIVE RADDANT HOUSE PLANNING AND BUILDING AGENCY BibtcftAe$ources Commission 997 — 113 57 612021 HILLS, I CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 RECORDING REQUESTED BY AND WIIFN Rl:CORDFD MAII.TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council I RLL RLCORllING PURSUANT 10 CiMLILNMLNT COOL 5 27383 TTTSTORTC PROPERTY PRESFRVATTO N AGREFMFNT This Historic Property Preservation Agreement ("Agreement"") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing antler the Constitution and Taws of the of the State of California (hereinatter referred to as "City"), and Harris Jaye Feldman and Nancy Smith Feldman, 'I ruslecs of the Feldman Trust dated 03/17/1997, (hereinafter collectively referred to as -Owner"), owner of real property located at 2344 North Riverside Drive, Santa Ana, California, in dte Countv of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 ct seq. (known as the "Mitts Act") to enter into contacts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these I115tnr IC properties Ictain their historic character and intcurity. B. The Owner possesses fie title in and to that ecrtain qualified real propert-v together with associated structures and improvcrncnis thereon, located at 2344 North Riverside Drive. Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter rcicrt-cd to as the "Historic Property"- Cl- The Historic Property is officially designated on the Santa Ana Register of listoricnl Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their nntntal benefit, now desire to enter into this Agreement which defines and limils the use and alteration of this Historic Properly in order to enhance and maintain its value as a cultural and historical resource Iitr Owner- and for the wnumurit-v; to prevent inappropriate alterations to the Historic Property -aid to ensure that repairs, additions, new building, and other changes are appropri:-tte; and to ensure that rehabilitation and maintenance are carried out in an cxcmplary manncr- City Council 1 17 — 114 7/6/2021 Exhibit 7 HILLS, I CT n GREEMENT 2344 North Riverside Drive Santa Ana. C 1 92706 E. Owner and City intend LO carry Out the pur3wscs of Caliluntia Government Cock, Chapter I , Part 5 of Division I ofTitle 5, Article 12, Section 50280 et seq., which will enable the Historic Properly to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1 .9, Sec. 439 et seq-, Chapter 3 Part 2 ol'Division I of Lhc California Tax and RCVemte Code. NOW, THEREFORE. the City of Santa Ana and the Owner of the historic Property agree as follows - Effective Date and Terms of Agreement. This Agreement shall be effective and connncncc on July- 7, 2021, and shall remain in effect to[- a lean of Len (10) years (hereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tern will anlomatically be extended as provided in Calilornia Government Code Sections 50290 through 50290 and in Section 2, below. 2. Renewal. a- F.ach year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year tern of this AgrccrttenL unless written notice of nonrenewat is served as provided herein. b. 11' the Owner Or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of notn•enewal of the Agreement ou the other Party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner aL least sixty (60) clays prior to the annual renewal dale, one (I ) year shall auLornatically be added to Lhc Lcrm of Iles Agreement as provided herein. C. Within 30 days from receipt of City's notice of noriiettewal, the Owner ilia -y file a written protest of City's decision of nonrenewal. The City may, at any titre prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in ellect for the balance of the tens then remaining, either liutn its original cxeeutiou ur 1i0111 the last renewal of Lhc Agrcctnetl, whichever may apply. 3. Standards and Conditions for Historic Property. During the tern of this Agreement, the historic Property shall be subject to the following conditions, rcquirc nrcnts and restrietions- a. Owner shall maintain the IIistoric Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit Q, notably the gcnand arclrilceLural lbinr, style, materials, design, scale, proportions, 01-g2ni7a6011 of WirtdoWS, doors, and other openings, textures, details, mass, roof litre, porch and other aspects of the appearance ofthe exterior Lo the Salislitelion of Lhe City. City Council z 17 — 115 7/6/2021 HILLS, I CT n GREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 b. All changes to the I Iistoric Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Ut?ice of Historic Preservation of the State Department of Parks and. Recreation, namely the IT-S. Secretary of the Interior's Standards and Cluidclincs Ibr Historic Presc nation Proicets- Thcse guidelines arc attached hereto, marked as Lxhibit C, and ineorporatcd ltcrein by this refercnec. Owner shall continually maintain the I istoric Properly in the same or better condition. c. A vice corridor enabling the ucncral public to scc the Historic Property from the public rigtu-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with ally new structrtre, such as walls, tenses or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following arc prohibuc l: do nolnion ol'the Historic Property or destruction of character -defining tcatures of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic RCSUtn-CC.s Commission and such alterations arc in keeping with the Secretary of [nterior's Standards; deteriorating, dilapidated or unrepaired su-uctures such aS ILirCCS, rook, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as ears, appliances, or hu niture; and other' unsightly by decoration, stntettire or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointnenl, as needed or at least every live (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the Courgy Assessor, the State Department of Parks and Rcercation, and the State Board of Lqualmnion, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to filrnish the City with any and all infonnaiion requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. CarrlelldhOn. I . The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280. et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City detennines that the Owner have failed to restore or rehabilitate the property in the niauuel specified in Section 3 of this Agreement. if a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. I'his cancellation fee shall be a percentage (currenlly set al twelve and one-half (12 V) percent by Government Code Section 50286) of the current fair market value of the City Council s 17 — 116 7/6/2021 HILLS, I CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 properly at the lime of the cancellation, as determined by the county as�e�sUr, Without regard to arty restriction imposed pursuant to this Aorecmcnt. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately bccau-w, in effect, the historic value of the structure will have been destroyed. No fee shall bc imposed in the case of destruction by acts of God or natural disaster. C. if the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this A4p•e0111e11t, this Agreement shall he cancelled and no fee imposed, as sped tied in Government Code Section 50288. 6. Enforcement of Agreement. I In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of. the terms of the Agreement- In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and it such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) day; thereafter, or if not corrected within such a reasonable time as cony he required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to Cure the breach or default may be commenced within thirty (30) clays and shall thereafter be diligently pursued err completion by Owner), then City may, without fiuthcr notice, dcclarc it default under the terms of this Agree vent and may bring any action necessary to specifically enforce the obligations of Owner growing out of the germs of this Agreement, apply to any court, stale or - federal, for injunctive relief against any violation by Owner or apply for such relief as may be appr'oprlate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this A-u ecment- All other remedies at law or, in equity which are not otherwise provided for in thil Agreement or in City's regulations governing historicc properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2344 North Riverside Drive, Assessor Parcel Number, 002-133-07, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreemem. h. City and Owner hereby declare their sped fie. intent that the covenant,, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass co and be binding upon Owner's successors and assigns in title or interest to the Historic Property. h:very ionlracl, deed, or other instrument hereinaller executed, covering or conveying City Council 17 — 117 716/2021 HILLS, I CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 the I Iiswric Properly or any portion thereof, shall conclusively be held to have been CXCCnted, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such txnuract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation unposed under this Agreement, it being reconnized that the consideration for the execution of this Ageement is the substantial publicc benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the etteet upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required b-y the terms of this Agreement shall be sent TO the address of the respective parries as specified below or at other addresses that may be Later specified by the parties hereto - City: City of Santa Ana 20 Civic Center PIa7a (M-30) Santa Ana, C'A 92702 Attn- Clerk of the CUnneil Owners! Harris and Nncy Feldman 2344 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. I , None of the terms, provisions', or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of'their heirs, successors, or assigns, nor shall such Icons, provisions or conditions cause them to be considered joint ventures or members Ofnyjoint enterprise. h. The Owner agrees to and shall indemnify and hold the ('try and its elected and appointed officials, ol'liccrs, agents, and employees harmless from liability fitr damage or claims 1br damage for personal injuries, including death, and claims for property damage which tna-y arise from the direct or indirect use or operations of the Owner or those of his or her contractor. Subcontractor, agent, employee, or other peNon acting on his or her behalf which relates to the use, operation, anti maintenance of the Historic Property. The Owner hereby agrees to anti shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, of alleged to have been caused by, reason ofthe Owner's activities in conncetion with the Historic Property. City Council S 17 — 118 716/2021 HILLS, I CT n GREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 C. This hold harmless provision applies to all dautagc, and claims for darnages sutfered, or alleged to have been suffered, and costs of detense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, sped fiCations or other documents lbr the Historic Propelty- d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whahcr by operation of law on in any manner wlratsocvcr. C. In the event legal proceedings arc brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding nray recover all reasonable atlontcy's fees to be fixed by the court, in addition to court costs and Other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any cotut of competent jurisdiction, or by subsequent preemptive legislation, the validity and enlin-ceabilit-y of the remaining provisions, or portion, thcrarf. shall not be effected thereby. k. l his Agreement shall be construed and governed in accordance with the laws of the Sidle ofCalillrmia, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agrccmcnt to be recorded in the office. of the. County RCCOr"dcr- of the C:ouirty of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a writtcu recorded instrument exceirted by the parties hereto. 13, H'.tfective Date This Agreement shall be effective on the clay and year first written above in Section 1. {Signature page lirllows City Council 17 — 119 7/6/2021 ATTEST: HILLS, I CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 CITY OF SANTA ANA DAISY G()ML"L KRISTINL R1DGL Clerk ofthe Council City Manager OWNE14 Date. By: 11ARh1S JAYL 1:LLDMAN TRTISTF.F. OF TTTF FET.T)MAN TRUST DATED 03/17/1997 Date: By: NANCY SMHl1 I I l.1)MAN I'RIJS 1'F.F. OF 1 HF. FF:I.DMAN I'Rl1S 1' DATED 03/17/1997 APPROVED AS TO FORM: SONIA CARVAL110 City Attorney TOT M. R INK Assistant City Atlomcy RLCOMMLNDED FOR APPROVAL: MTNTT TTTAT EXCCULivc Dircuor Planning and Building Agency City Council 17 — 120 716/2021 HILLS,I CT i1 GREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 EXHIBIT A I FGAI. DESCRIPTION THE LANE) REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 116 OF TRACT 425, IN THE CTTY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 11 AND 14 OF MISCELLANEOUS Assessor's Parcel Number: 002-133-07 City Council s 17 — 121 716/2021 Exhibit B EXECUTIVE SUMMARY Menton -Barker House 2344 North Riverside Drive Santa Ana, CA 92706 NAME ADDRESS Menton -Barker House REF. NO. 2344 North Riverside Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY, Contrihutive HISTORIC DISTRICT None NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FUR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE SS3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Mission/Spanish Colonial Revival Style, as its narne implies, encompasses two major SUbcategoriea. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves: porch roofs supported by large, square piers: arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios. window grilles, and wood, wrought iron, tile, or Slone decorative elements. SUMMARY/CONCLUSION! The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid -sized Spanish Colonial Revival residence. Additionally, the house has been categorized as "Contributive" because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series It 7. "How to Nominate Resources to the California Register of Historical Resources," Septemher 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, reqion, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work Of a master, or possesses high artistic values. SS3: Appears to be individually eliqible for local listinq or desiqnation throuqh survey evaluation City Council 17 — 122 7/6/2021 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #_ HRI # Trinomial_ NRHP Status Reviewer rce name(s) or number (assicned by recorder) P1. Other Identifies "P2. Location: ❑Not for Publication ■Unrestricted `a. County Orange County "b. USGS 7.5' Quad TCA 1725 Date: March 3. 2015 'e. Address 2344 North Riverside Drive City Santa Ana Zip 9270fi 'e. Other Locational Data: Assessor's Parcel Number002-133-07 'P3a. Description: (Denrrihe rennurre and Its InBlnr elp.mentfi. Indtirle de,gr1, IrI Jeri Bk, LOnrtlLOrl, AItP.rBLOri S, LLP., tiPl-inq, Grid botiridwi Pfi) The Menton -Barker House Is a one-story house constructed In the Spaidsh Colonial Revlval architectural style. Tire house Is asyrntrietrir. in desiyrr and rlad in a light smooth stucco finish. The front (east) section of the house is capped by a front- and side -gabled roof covorrd with clay barrel files. A parapet, with clay barrel file coping, shields the rear (west) srrtion of the flat rnnf along the north, south, and west elevations. The east elevation consists of three hays crenting n U-shnped fagade embracing a front entry off of a patio. The right (north) bay features a prominent front -facing gable set above an arched living room window incorporating a transom and multi -pined cascmont windows. The recessed centor bay consists of an uncovered patio area, enclosed by a (non-onginall terra cotta-topped and stucco -covered half -height wall, and overlooked by two recessed multi -paned casement windows. Set within an arched opening, the entry faces south onto the patio and is sheltered by a canvas awning supported by non-onginal. decorative wrought iron brackets The patio pavement has been replaced. The left (south) bay is topped by a shed roof extension of the main. Side -gabled roof which lenninates at a lower height than the rest of the roof. Centered beneath the shed roof is a pair of recessed rnulti-paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four over four. hung windows, some shaded by (non -original) awnings with decorative wrought iron brackets. Two secondary entries on the South elevation fare the driveway and are characterized by a simple wood multi -panel dnor and a multi -paned French dour shaded by a fabric awning. Iherc is n non -original onr-story detanccd garage of tho roar of the property. lltc property is generally landscaped will? low vegetation, shrubs, and lawn. Other than the noted changes, the house appears intact and is in good condition. 'P3b. Resource Attributes' (list attributes and codes) HP2. Single-family residence 'P4. Resources Present' ■Building ❑Structure ❑Object ❑Site ❑District ❑Clement of District ❑Oth Cr P5a. Photo S� t r I� L� P5b. Photo: (view anti riat,i) Mer-ch 2021 Front elevation, facing west. 'P6. Date Constructed/Age and Sources' ■historic 1925/City or Same Ana Building Permit `P7. Owner and Address: Harris and Nancy Feldman 2344 North Riverside Drive Santa Ana, CA 927019 'P8. Recorded by' Pedro Gomez. Associate Planner 20 Civic Center Plaza M-20 Santa Ana. CA 92702 "P9. Date Recorded: May 12.2021 'P10. Survey Type: Intensive Survey 'P11. Report Citation: (Cite survey report and other sources, or enter 'none') Noric 'Attachments, ONone ❑Location Mao ❑Sketch Mao ■Continuation Sheet ■Building, Structure. and Obiect Recortl ❑Archie{ c iFtgrd ❑Dlstrlct Record ❑Linear Feature Recorc¢ ElM11�7 Statlon Record ❑Rock jr�7rf� ❑Artifact ecord iotoyraph Record ❑ Other (list) DPR 523A (1195) 'Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 5S3 'Resource Name or #' Menton -Barker House B1. Historic Name: Menton -Barker House B2. Common Name: Saint? 83. Original Use: Single-family residence *S5. Architectural Style: Spanish Colonial Revival B4. Present Use' Single-family Residence *BG. Construction History: (Construction date. alterations. and date of alterations): Constructed January 5. 1925. $5,000. December 1, 1939. Addition to residence for W Barker by Louis Bnasch. $150. October 6. 1941. Reroof by Owen. $60. August 6. 2013. Demo detached garage. $1,000 August 6. 2013. New detached garage. $17,200. August 6. 2013. Repair bathroom clue to water damage. repaiUreplace framing, drywall, and slucco as required. $10.000. *87. Moved?MNo OYes OUnknown Date: Original Location: "B8. Related Features: Garage. B9a. Architect: Unknown h. Builder: F.L. Veatrh, Inc. *B10.Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1925 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period. and geographic scope. Also address integrity) The Menton Barker House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally ronstr tried in 1925 and was valued at apprnximately $5.000, according to the original building permit. At the time of its construction, the listed property owner was the company F.L. VCOtch, Inc., but it was soon sold to P.A. laylor who resided in the property for a year before selling it to C.R. Iriesch in 1927. In 1929. the property was sold to William F. Menton and his wife Helena. A native of Iowa. Menton moved to California in 1907 and settled in Santa Ana. After working at the Santa Ana Register for several years. Menton began studying law and was subsequently admitted to the State Bar of California in 1915. By 1917. he had been appointed Assistant District Attorney and by 1935. he was appointed District Aaontey of Orange County by the Board Of Supervisors to fill the vacancy caused by the resignation or District Attorney Kaufman. The Menton's remained in the house until 1937, when the home was purchased by Mr. and Mrs. William D. Barker In 1949, Mr. and Mrs. Barker sold the properly to Lee M. Beard who resided on the property unlit 1954. Since 1954. various owners have orrupied the property including Thomas Collins (1954) and Carl J. R(tter-s (196.5). (Sec Confinuafion Shoot 3 of3.) 811. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Harris, Cyril M American Architecture- An Illustrated Encyrloocdie- New York, WW Norton, 1998. Santa Ana History Room Collection, Santa Ana Public I ibrary Sanborn Maps (See CUn 1111-lab011 SheeL 3 or 3.) B13. Remarks: *B14. Evaluator: Leslie Huenfann. Chattel Inc. 'Date of Evaluation: May 13. 2021 (This space reserved for official comments.) City Council Sketch Map Menton -Barker House s� 2344 North Rivorside Drive 0-1 OItU• Oi 133� O w ry rza +ssw x r7) �- J 13 r� 124 7/6/2021 DPR 523B (1195) `Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI 9 CONTINUATION SHEET Trinomial Page j of 3 Resource Name' Menton-Sarkor-Housc 'Recorded by Pedro Gomez `Date May 13, 2021 LxJ Continuation ❑ Update "810. Significance (continued): Santa Arta was founded by William Spurgeon in 1869 as a speculativr town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the .Santa Fe Railroad and incorporation as a city in 1886. and selection as the seat of the newly created County of Orange in 1889. the city grew outwards. with residential neighborhoods developing to the north, south. and east of the city center Agricultural uses predominated in the outlying areas. with cultivated fields and orchards dotted with widely scattered farmhouses. The Menton -Barker House Is located In Floral Park a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Hower Street. HrverSttle Unve, and Broadway. Groves of oranges. avocados, and walnuts and widely scattered ranch houses charaetorizod this area boforc 1920. Developer and builder Allison Hnner (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Aeaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he hegan buitding rustom homes in Sonia Ana(Orange County Rcgistcr, Scptcrnhcr 1.5, 1081). The parrO chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When buill in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45.000 each" (Orange County Register. September 15. 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 19208 and 1930s and Floral Park showcased examples of the English Tudor. French Norman. Spanish Colonial. and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create. at 615 West Santa Clara Avenue. In the latC 1920s and 1930s, anothor burldrr, Roy Roscoe Russell (1881-1965), Continued o'CvClop1nq the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Strest and West Santa Clara Avenue. The horns were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival manslnn at 2009 Virtnrla Drive in the early post World War It year. Floral Park cnntinueil its develnpmenr a.. numerous, smaller, single-family houses were built. Continuing in the Floral Park hadih0n, they were mostly revival in style. Io the 1950s, low. horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identity ds the premier neighburhood of Santa Ana. historic: ally horne to many affluent and prominent citizens. The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties tinder Criterion 1, as a representative example of a mid -sized Spanish Colonial Revival residence- Additionally, the house has been ratcgorized as "Contributive" because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30 2. 2). Character defining features of the Menton Barker I louse that should be prCSCNCd rncludC. but may not be limited tot partially gabled and tiled toor,' stucco extenot, main entry archway and French door, fenestration. including an arched living room window incorporating a transom and multi -paned casement windows: and U-shaped fagade embracing a front entry off of a patio. "812. References (continued): Ilarris, Cyril M. Amcocan Architecture, An Illustratco Cncycloocdia. Now York, WW Norton, 1998. Marsh. Diann. Santa Ana, An Illustrated Historv. Encinitas. Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to Amencan Houses. New York. Alfred A. Knopf. 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch. National Park Service. US Dept of the Interior. 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento: March 1995. Whiffet, Marcus. Arrrerican Architecture Since 1780. Cambridge: MIT Press. 1969. Santa Ana and Orange County Directories, 1905-201T Ancestry corer Ne wspapers. coin (Santa Ana Register) City Council DPR 523L 17 — 125 7/612021 HILLS, I CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 Exhibit C. F.xteriorwork shall be reviewed bythe Historic Resources Commission and subjectto the U.S. Secretary ofIli e interio's Standards lbrRehablhtaIion ofHistoric Buildings, as IbIIUws: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishitr.- ori.-Mal qualities or character of a building, structure or site and its environment shall not be desnoyel. The removal or alteration of any historie matcrial or distinctive architectural features should he avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Cringes which may have taken place in the course of brae are evidence of the history and development of a building, strucwre, or site and its environment. I'hcse changes may have acquir'cd significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic fcaRtres or- examples of skilled c attsmanship which characterize a building, structure, or site sliall be treated with sensitivity. Oi Deteriorated architectural features shall be repaired rather than replaced, whcncve- possiblc. in the event replacement is ncccssat v, the new matcrial should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural fcantres should be based on accurate duplications of features, substantiated by historic, physicdl, or pictorial evidence rather than on conjectural designs or the availability of dillcrent architectural elements liom the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possiblc. Sandblasting and other cleaning methods that will damage the historic building materials shall not be Undertaken- X. livery reasonable effort shall be made to protect and reserve archaeological resources affected by, or attjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material. an such design is compatible with City Council 1 17 - 126 716/2021 M/LLS ,1 CT AGREEMENT 2344 North Riverside Drive Santa Ana. CA 92706 size, scale, color, tnateial and character oh the property, neighborhood, or environment. 10- Whereverpossible, new additions or alterations to suucuu-es shall be done in such a manna- that il'such additions or alterations need to be retuovcd in the littnre, the essential form and integrity of the structure would be unhupairai. City Council 2 17 — 127 716/2021 Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 — The Menton -Barker House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 07 and Historic Register Categorization No. 2021-07 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Harris and Nancy Feldman, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Harris and Nancy Feldman are requesting approval to designate an existing residence located at 2344 North Riverside Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the west side of North Riverside Drive in the Floral Park neighborhood. The site consists of a 1,115-square-foot, Spanish Colonial Revival residence and detached garage on a 6,500-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site Hib)cO Aekources Commission 547 — 128 5DV812021 C7i1I.7i[:3 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 — The Menton -Barker House May 13, 2021 Page 2 having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 96 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Menton -Barker House, is located within the Floral Park neighborhood and has distinctive architectural features of the Spanish Colonial Revival architectural style. The residence was built in 1925 by F.L. Veatch, Inc. A majority of Floral Park was developed by a prominent local builder, Allison Honer, who was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The Menton -Barker House is a one-story house constructed in the Spanish Colonial Revival architectural style. The house is asymmetric in design and clad in a light smooth shirro finish. The front (east) section of the house is capped by a front- and side -gabled roof covered with clay barrel tiles. A parapet, with clay barrel tile coping, shields the rear section of the flat roof along the north, south, and west elevations. The east elevation consists of three bays creating a U-shaped facade embracing a front entry off a patio. The right bay features a prominent front -facing gable set above an arched living room window incorporating a transom and multi -paned casement windows. The recessed center bay consists of an uncovered patio area, enclosed by a (non -original) terra cotta- topped and stucco -covered half -height wall, and overlooked by two recessed multi - paned casement windows. Set within an arched opening, the entry faces south onto the patio and is sheltered by a canvas awning supported by non -original, decorative wrought iron brackets. The patio pavement has been replaced. The left bay is topped by a shed roof extension of the main, side -gabled roof, which terminates at a lower height than the rest of the roof. Centered beneath the shed roof is a pair of recessed multi - paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four -over -four, hung windows, some shaded by (non - original) awnings with decorative wrought iron brackets. Two secondary entries on the south elevation face the driveway and are characterized by a simple wood multi -panel door and a multi -paned French door shaded by a fabric awning. There is a non -original one-story detached garage at the rear of the property. Character -defining features of the Menton -Barker House that should be preserved include, but may not be limited to - partially gabled and tiled roof, stucco exterior, main entry archway and French door; HibtddaAedources Commission 557 — 129 57NB12021 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 — The Menton -Barker House May 13, 2021 Page 3 fenestration, including an arched living room window incorporating a transom and multi - paned casement windows; and U-shaped fagade embracing a front entry off of a patio. The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid -sized Spanish Colonial Revival residence. Additionally, the house has been categorized as "Contributive" because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT HibtcOnAedources Commission 567 — 130 57NB12021 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 — The Menton -Barker House May 13, 2021 Page 4 Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-26 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $798.91 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Hibtc(>;nAedources Commission 571`7 — 131 57NB12021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-07 TO PLACE THE PROPERTY LOCATED AT 2344 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-07 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On May 13, 2021, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2021-07) and categorization (Historic Resources Commission Categorization No. 2021- 07) of the Menton -Barker House located at 2344 North Riverside Drive, Santa Ana. B. The Menton -Barker House has distinctive architectural features of the Spanish Colonial Revival style and was built in 1925. C. The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid -sized Spanish Colonial Revival residence. Additionally, the house has been categorized as "Contributive" because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Menton -Barker House that should be preserved include, but may not be limited to: partially gabled and tiled roof, stucco exterior; fenestration, including an arched living room window incorporating a transom and multi -paned casement windows; and U- shaped fa,ade embracing a front entry off of a patio. D. The legal owner of the property is Harris Jaye Feldman and Nancy Smith Feldman, Trustees of the Feldman Trust dated 03/17/1997. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Elib)dbnAedources Commission 587 — 132 57?V8/2021 Resolution No. 2021-XXX Page 1 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-22(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2021-26 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2021-07 to place the Menton -Barker House located at 2344 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-07 placing the Menton -Barker House located at 2344 North Riverside Drive, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 13t" day of May, 2021. Alberta Christy Chairperson Sib)actFdedources Commission 597 — 133 57?VB12021 Resolution No. 2021-XXX Page 2 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 741. 1�4— j0n M. Funk Sr. Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: Commission Secretary City of Santa Ana Sib)(EintRdedources Commission 607 — 134 511YB/2021 Resolution No. 2021-XXX Page 3 of 4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-133-07 2344 North Riverside LOT 116 OF TRACT 425, IN Harris and Nancy Drive THE CITY OF SANTA ANA, Feldman COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS Resolution No. 2021-XXX HilJkaimkedources Commission 617 — 135 :HILLS ACT AGREEMENT 2344 Not Riverside Drive Su@ia Ana. CA 92706 RECORDING I?FOl1FS I F,D BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 GViC CCaltca' PIa7a (M-30) Santa Ana, CA 92702 Attn_ Clerk (If the CAunCil FREF RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AG1 LL:ML:NT This TTistoric Property Preservation Agreement (`Agreement") is made and entered into by and betwCCTI the City of Santa Ana, a charley city and municipal corporation Ally organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Barris Jaye Feldman and Nancy Stnith Feldman, Trustees of the Feldman 'I rust dated 03/17/1997, (herinater collectively refered to as "Owner"), owner of real property located al 2344 North Riverside Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties_ RLCITALS A_ The City CAnnCil of the City of Santa Ana is autI1067ed by California Govcniment Code Section 50280 ct scq. (lwowo as the "Mills Act") to cntcr into contracts with owners of qualified historical properties to provide for appropriate rise, maintenance. rehabilitation and rCstoretion such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2344 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Ilistoric Property". C_ The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requiratrents of Chapter 30 of the Santa Ana MtmiCipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which detines and limits the use and alteration of this Historic Property in order to enhance and maintain its vahle as a cultural and historical resource for Owner and for the community; to prevent inappropriate allerations 10 the Historic Properly and to cnsurc that repairs, additions, new building, and other changes arc appropriate; and to ensure that rehabilitation and maintenance are carried out in an exeniplar_y manner. EIib)c0att-Reitources Commission 1 627 — 136 571V8/2021 -- :NILLN ACT AGREEMENT 2344 Not th Riverside Drive Su@ia Ana. CA 92706 F.. Owner and City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq which Will enable the Ilistoric Property to qualify lot an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 ct seq., Chapter 3 Parl2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 7, 2021, and ;hall remain in etfeet tier a term of ten (10) years thereafter. Lach year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. I . Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year terns of this Agreement unless written notice of nonrenewal is served as provided herein- h. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party - Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal dale, one (1) year shall automatically be added to the term of the Agreement as provided herein- c. Within 30 days from receipt of C;ity's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The. City may, at any time prior to the annual renewal date of the Agreement, withdraw it3 notice to the Owner of nonrenewal. d. if either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the halance of the term then remaining, either from its original execution or fr-onn the last renewal of the Agreement. whichever may apply, 3. Standards and Conditions for Historic Property. During the term of this Agreement. the H istoric Property shall he subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, "here necessary. restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Fxlribir B, notably the general architectural form, style, materials, design, scale, proportion~, organization of windows, door,, and other openings, textures, detalk, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. Hill act-keiiources Commission 637 — 137 57?VB12021 :HILLS ACT AGREEMENT 2344 Not th River.side Drive Su@la Ana. CA 92706 b- All changes to the Historic Property shall comply with applicable City plans and regulations, and conliirm to the rides and regulations ofthc Oflice of tlisturic Preservation oft}rc State Department of Parks and Recreation, nanhcly the U.S. Secretary of the hucrior's Standards and Guidelines for Historic Preservalion Projects. "These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference- owner shall continually maintain the Historic Properry in the same orbetter condition. C. A view corridor enabling the general public to see the llistoric Property from the public right-of-way shall be maintained, and Owner shall not he permitted to block the view corridor to the property with any new sh-ucture, Snell as walla, fences or shrubbery. so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the I Iistoric Property or destruction of character -defining features of the building or site; removal of' trees and other major vegelalion unless removal is approved by a rehabilitation plan approved by the Historic Resources Cotmnission; paving of -yard surface; exterior alterations or additions unless approved b-y the. llistoric Resources Commission and such alterations are in keeping wide the Secretary of hhterior'.s Standank deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furnittue, and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. C. Owner shall allow reasonable periodic inspection by prior appointrnent, as neccled or at least every five (5) years after the initial inspection, of the interior and exterior of the Hisloric Properly by representatives of the Cily of Santa Ana, the County Assessor, the Stale Depau-hnent of Parks and Recreation, and the State Board of Equalization, to deter -mine the Owner's compliance with the terms and provisions of this Agtnanew. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. C'ancellalion, a. The City, hallowing a duly noticed public hearing by the City CAtnCII as set h>rth in Government Code Section 50280, et. scq-, may cancel this Agreement if it detr:rrnlnCS that the Owncr have breached any of the conditions of this Agrccrucm, or has allowed the property to deteriorate to the point that it no longer meets the standafds for a qualified llistoric Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 2 of this Agreement. Tf a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/) percent by Government Code Section 50286) of the current tair inarkct value of the Hil)act-keitources Commission 647 — 138 57?VB12021 :HILLS ACT .4 CREEMENT 2344 Not th Riverside Drive Su@la Ana. CA 92706 property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pta-suanl to this Agreement- b. 11' the Historic Property is destroyed by earthquake, tire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure mast be replaced, this Agreement shall be canceled immecliatcly because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of (cod or natural disaster. c. 1f the. Historic Property is acquired by cmincnt domain and dac City Council determines that the acquisition fnrstrates thee purpose of this Agreerncrtt, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to canect the Agreement as rcti;rcnced herein, City may Specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the ('ity shall give written notice to Owner by registered or certified mail, and if such zr violation is not connected to the rcasmrable satisfaction of the laity Manager or designee. within thirty (30) clays thereafter, or if not corrected within such a reasonable time as may be required to cute the breach or default, or default cannot be cured within thirty (30) clays (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter he diligently ptn-suetl to completion by Owner), then City may, without further notice, declare a default under the teiin, of this Agreement and may bring any action necessary to specifically enforce the obligation, of Owncr growing out of the terms of this Agrcetncttt, apply to any cuttrt, state ur federal, for injunctive relief against any violation by Owner or apply for such relief as may be app rop ri a I e. b. City does not waivec any claim of default by the Owner if City does not cnforec or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Ag-canent No waiver by City of any hrcach or default under this Agreement shall be deemed to be a waiver of any Other subsequent breach thereof or default hereunder. 7. Rinding effect of Agreement. a. Owner hereby s1.111jects the Historic Property, located at 2344 North Riverside Drive, Assessor Parecl Ntunbcr, 002-133-07, and more particularly dcseribcd in Exhibit A, in the City of Santa Ana, to thee covenants, conditions, and restrictions as set forth in This Agreement. b. City and Owner horehy declare their specific. intent that the covenants, conditions and resuictiont as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Properry. Evcry contract, deed, or other irstrttmcnt hercivaticr executed, covering or conveying Hits act-keiources Commission 4 657 - 139 57?VB/2021 :HILLS ACT AGREEMENT 2344 Not th Riverside Drive Su@ia Ana. CA 92706 the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agrccncnt re�pardless of whether such covenants, conditions and restrictions arc set forth in such Contract, dccd, or other instr ut nent. R. No Compensation. Owner shall not receive any payment front City ill consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to he derived therefrom and the advantage that Will accrue to Owner as it result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the teens of this Agreement shall be sail- to the address of the respeetive parties as specified Below or at other addresses that may be later specified b-y the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana. CA 92702 Attn: Clerk of the Council Owners: Harris and Nacy Feldman 2344 North Riverside Drivc Santa Ana. CA 92706 10. General Provisions. I . None of the icrtns, provisions, or conditions of this Agreement shall be deemed TO create a partnership between the parties hereto and any of their heirs, successors, or assigns. nor shall such tennN, provisions or conditions cause them to be considered joint ventures or member.~ of any joint enterprise- b. The Owner agrees to and shall indemnity and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including= death, and claims for property damage which may arise from the direct or indircet use. or operations of Lire Owner or those of Iris or lrer contractor, subcomractor, agent, employee, or other person acting on his or her behalf which relates to the. use, operation, and maintenance of the listoric Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any mid all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. Hil)act-keitources Commission 5 667 — 140 57?VB12021 :HILLS ACT AGREEMENT 2344 Not th Riverside Drive Su@la Ana. CA 92706 C. I his hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of delense inetured, by reason of the operations rcl'crrcd to in this Agreement regardless of whether or not City prepared, aupp]icd, or approved the plans, specifications or other documents for the Historic Property. d- All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties lrcacin, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the llistnric Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of au_v of the covenants, reservations, or restrictions contained herein, or to determine the rights and clutics of any party hereunder, the prevailing parry in suelt proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be. unenforceable or invalid by any court of competent jurisdiction, or by sUibsequent preemptive legislation, the validity and enforceability of the remaining provisions, or porrions thereof, shall not be effected ihcrchy- g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the ofirce of the t'ounty Recorder of the County of 01`ange- 12. Amendments. Phis Agreement may be amended, in whole or in part, only by a written recorded insu-ument executed by the parties hereto- 13, Rtfective Date This Agreement shall be effective on the day and year first written above in Section 1- {Signature page follows, Hibltfda LRe4ources Commission 677 — 141 57?VB12021 ATTEST: EST: :HILLS ACT AGREEMENT 2344 Not Riverside Drive Su@la Ana. CA 92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RTD6E C1c114: of tlac. Council City Managca OWNE14 Date: By: HARRIS JAYE FELDMAN TRUSTEE OF THE FELDMAN TRUST DATED 03/17/1997 Date: By: NANCY SMITH FELDMAN TRUSTEE OF TILL FELDMAN TRUST DA'1'I[1) 03/17/1997 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Auorncy By: JOHN M. FUNK Assistant City Attorney MINH THAT Executive Director Planning and Building Agency Elib)d cLkeitources Commission 7 687 — 142 57?V812021 :HILLS ACT AGREEMENT 2344 Not Riverside Drive Su@la Ana, CA 92706 EXHIBIT A LEGAL DESCR[PT[ON I'HI{ I,AND RIiPI:RRIiI) I'O HI{RI•:IN III:I OW IS SITUA IVD IN THE CITY OF SAN I'A ANA, COUNTY OF ORAN(ih, STATE. OF CM IFOIZNIA, AND IS DF;,SCIZIBF) AS FOLLOWS: LOT 116 OF TRACT 425, 1N THE CITY OF SANTA ANA, COUNTY OF ORANGE., STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 16, PAGES 33 AND 34 OF MTSCELLANFOUS Assessor's Parcel Number: 002-133-07 HiIald cLkeitources Commission 697 — 143 57?VB12021 -b- IW7x141jiiW4-i1JI7iII7ilF.11 WA Menton -Barker House 2344 North Riverside Drive Santa Ana, CA 92706 NAME Menton -Barker House REF. NO. ADDRESS 2344 North Riverside Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY, Contributive HISTORIC DISTRICT I None NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Mission/Spanish Colonial Revival style. as its name implies. encornpasses two major subcategories. The Mission Revival vocabulary, popular between 1690 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana), red tiled roofs and coping, low-pitched roofs, often with overhanging eaves: porch roofs supported by large, square piers: arches: and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid -sized Spanish Colonial Revival residence. Additionally, the house has been categorized as "Contributive" because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series A 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. SS3: Appears to be individually eligible for local listing or designation through survey evaluation HibtOuAe$ources Commission 707 — 144 57N612021 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi: l.t:rt�.-fzstrr_�.rrn Other Listings Review Code Reviewer Page 1 of __�_ Resource name(s) or number (assigned by recorder) Menton -Darker Ilouse P1. Other Identifier: "P2. Location: ❑Nol for Publicalion mUnfes1riCLed 'a. County Orange Counly "b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 'c. Address 2344 North Riverside Drive City Santa Ana Zip 92706 °e. Other Locational Data: Assessor's Parcel Number 002-133-07 `P3a. Description: (Describe resource and its major elements. Include design. materials. condition. alterations. size, setting. and boundaries) The Menton -Barker House is a one-story house constructed in the Spanish Colonial Revival architectural style. The house is asymrnetrir, in design antl clad in a light smooth sturr o finish. The front (cost) sertinn of the hnuse is capped by a front and side-gahlCd roof covered with clay barrel firCS. A perlrpot, with Clay barrel h[C coping, Shields the rear (west) SCCtion of the flat toof along the north, south, and west elevations. The east elevation consists of three bays creating a U-shaped fafade embracing a front entry off of a patio. The right (north) bay features a prominent front -facing gable set above an arched living room window incorporating a transom and multi -paned casement windows. The recessed center bay consists of an uncovered patio area, enclosed by a (non -original) terra cotta-ropped and stucco -covered half -height wall, and overlooked by fwo recessed multi -paned casement windows. Set within an arched opening. the entry faces South onto the patio and is sheltered by a canvas awning supported by non -original, decorative wrought iron brackets. The patio pavement has been replaced. The left (south) bay is topped by a shed roof extension of the main, side -gabled roof, which terminates at a lower height than the rest of the roof Centered beneath the shed roof is a pair of recessed multi -paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four -over -four, hung windows, snrno shadrd by (non-nriginat) awnings with decorative wrought iron brackets. Two secondary enit-ies on the south elevation fare the driveway arld are rhararteroed by a simple wood multi -panel door and a mrrbi-paned Frenrh dnnr shadad by a fauna awning. Thom is a non-ortgtnal ono-stnty datarhad garaga at the roar of tha property. The progeny is genorally landscaped with low vegetation. shrub& and fawn. Other than the noted Change& the house appears intact and is in good condition. 'P3b. Resource Attributes: (list attributes and codes) HP2. Single-family residence 'P4. Resources Present: ■Building ❑Strucure ❑Object ❑Site ❑District ❑ElernenL of District ❑Other P5h. Photo' (view antl tlate) Match 2021 from elevation, facing wesl. 'PG. Date Constructed/Age and Sources: ■historic 1925/City of Santa Ana Building Permit 'P7. Owner and Address: Harris a nd Nancy FOo'rnon 2344 North Riverside Drive Santa Ana, CA 92706 'P8. Recorded by: Pedro Conlez, Associale Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'P9. Date Recorded! May 13, 2011 -1310. Survey Type! Intensive Sul Vey 'P11. Report Citation: (Cite survey report and other sources, or enter "none') None `Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building. Structure, and Object Record ❑Arch r i r i a Feature r ❑Artifa I � W0;W WI`Q§_Pont)TO — 1 ❑PR 523A (1/95) 'Required information State of California —The Resources Agency Primary It DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 'NRHP Status Code 5S3 'Resource Name or#: Menton-BarkerHOLlse 81. Historic Name: Menton -Barker House B2. Common Name: Same R3. original Use' Singlr,-family rrsidonrr 114. Present Use' $iogI0-fami1y Rrsid0rC0 '85. Architectural Style' Spanish Colonial Revival "B6. Construction History: (Lnnstruction date, alterations, and date of alterations): Construrted January 5, 1925. $5,000. December 1. 1939. Addition to residence for W Barker by Louis Braasch. $150. October 6. 1941. Reroof by Owen. $60. August 6, 2013_ Derno detached garage. $1.000 August 6, 2013. New detached garage. $17.200. August 6. 2013. Repair- bathroom due to water damage, repair/replace framing, drywall. and stucco as required. $10, 000. 'B7. Moved?MNo OYes ❑Unknown "BS. Related Features! Garagc. 89a. Architect: Unknown Original b. Builder: F.L. Veatch, Inc. "B10. Significance: Theme Hesiden6al Archdecture Area Santa Ana Period of Significance: 1925 Property Type: Single-family Residence Applicable Criteria: C/7 (Discuss importance in leans of historical or a«:hiteclural conlext as defined by llieme, period, and ge(tuaphic scope- Also address inle[trily) The Menton-Rarker House is at Chitecturrally significant as a Characteristic example of the Spanish Colonial Revival style This house was originally constructed in 1925 and was valued at approximately $5.000, according to the original building permit. At the lime of its construction, the listed property owner was the company F.L. Veatch, Inc., but if was soon sold to P.A. Taylor who resides/ in fire property for a year before selling it to C.R. Triesch in 1927 In 1929the properly was sold to William F. Menton and his wife Helena. A native of Iowa, Menton moved to California ill 190/ and settled in Santa Ana. After working at the Santa Ana Register for several years, Menton began studying law and was subsequenfly admitted to the State Bar of California in 191 5_ By 1917, he had been appointed Assistant District Attorney and by 1935, he was appointed District Attorney of Change County by the Board of Supervisors to fill the vacancy ra isod by the resignation of District Attorney Kaufman. The Menton s remained in the house until 1937, when the home was purchased by Mr. and Mrs. William D. Barker. In 1940, Mr. and Mrs. Barker sold the property to Lee M. Beard who resided on the property until 1054. Since 1954. various owners have occupied the property including Thomas Collins (1954) and Call J. Ritters (1965). (See Continuation Street 3 of 3) 311. Additional Resource Attributes: (List attributes and codes) "B12.References: City of Santa Ana Building Permits Harris. Cynl M. American Architecture. An Illustrated Encyclopedia. New York, WW Norton, 1998. Santa Ana History Room Collection, Santa Ana Public: Library Sanborn Maps (See Continuation Sheet a of 3.) B13. Remarks: Sketch Map Menton -Barker House 2344 North Riverside Drive "B14. Evaluator: Leslie Huamann, Chattel Inc. �� 'Date of Evaluation: May 13, 2021 O log O � oa , ,,, ,zo O ns :re ur a r3o ezK r2p � (This spare reserved for official rommants.) ^ �J U} R °• �� O e o � mo BitJc¢iaaLkedources Commission 727 t 146 57NB12021 ❑PR S23B (1/9.S) 'Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Narne: Menton -Barker House 'Recorded by Pedro Gomez 'Date May 13. 2021 O Continuation ❑ Update *810. Significance (continued), Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part or the Spanish land grant known as Ram hu Satlttagu de Santa Ana. The civic and commercial cure of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses ptedornlnated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Tha Menton-B.arkar House is Iocatert in Floral Park, a nP.lghbnr%Innd northwest of downtown Santa Ana hounded by West Seventeenth Strout, North Flowor Strout, Rivrisidr Drive. and Broadway. Groves of oranges, avocados, and watnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1697-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana. arrived in Santa Ana from Beaver Falls. New York in 1922 (Talbert. pages 353-356) -Pefote nightfall on the day of his arrival Mr Honer purchased a parcel of land And that month, he began building custom hornes in Santa Ana" (Orange County Register, September 15. 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. When built in the 19206, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 16, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park Showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company wont on to complete such notable projects as the 1935 Art Dero styled Old Santa Ana City Hall. the El Toro Marine Base during World War Il. and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s. another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large. Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years. Floral Park Continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park Iradiiioo, they were mostly revival in style. In the 1950s. low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana.. historically home to many affluent and prominent citizens. The Menton -Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a rrpirsentativr example of a mid -sized Spanish Colonial Revival residcncc. Additionally, the house has been catcgorizrd as 'Contributive" berause it contributes to the rhamrter and history of Flnml Park and is a good exampla of Spanish Colonial Revival styles arrhitartura (Santa Ana Municipal Coda, Sartrnn 30-2.2). Charartar-dahning features of the Manton -Barker House that should be preserved include, but may not be limped to: partially ga bred and tiled roof: stucco exterior main entry archway and French door, fenestration, including an arched living room window incorporating a Vansorn and multi -paned casement windows: and U-shaped facade embracing a front entry uff of pahu. %12. References (continued)! Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York. WW Norton. 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester. Virginia and Lee. A Field Guide to American Houses. New York' Alfred A. Knopf. 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form."Washington DC, National Register Branch, National Park Service. US Deptof the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. " Sacramento : March 1995. Whiffen. Marcus. American Architecture Since 1780. Cambridge: MIT Press. 1969. Santa Ana and Orange County Directories, 1905-20IT Ancestry.com Newspapers.com (Santa Ana Hrgistrrl Bittdtiellde$ources Commission 737 — 147 DPR 523L 5XV612021 :HILLS ACT AGREEMENT 2344 Not th Riverside Drive Su@la Ana. CA 92706 I-:xhihit C EXlel-ior work shall be ruvicwcd by duc I listot-ic RUSUCrreeS Comtnission and Nubjcct to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Iluildings, as follows: Every reasonable effort shall be made to provide a compatible use for it property which recluires rninirnal alteration of dac building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinnuiehing original qualities or character of a building, structure or site and its environment shall not be destroyed. the removal or alteration of any historic material or distinctive architectural leature should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of Iheir own time. Alterations that have no historical basis and which seek w create an earlier appearance. shall be. discouraged. 4. ('hamres whiclt may have taken place in the course of time are evidence of the history and dcvclopmeru of a building, structure, or site and its envirtnmicnt. These changes may have acquired signilieanice in their own right, and this significance shall be recognized and respected. 5. Dislindive stylistic le:lttlres or examples of skilled craftsmanship which characterize a building., st-uctur-e, or site shall be treated with sellsitivity- 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities- Repair or rcplaccrncnt of missing architectural lcatu-cs should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. I'hc surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonablee effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary deign for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, al•chitectural or cultural material, an such design is compatible with Hilo, act.keiources Commission 1 747 — 148 5DVB12021 -- :HILLS ACT AGREEMENT 2344 Not th Riverside Drive SatlraAtta. CA 92706 size, scale, color, material and character of the property, neighborhood, or environmenl- 10. Whercwt- possible, new additions or alterations to structures shall be done in Such a manner that iI'uch additions or alterations need to he removed in the future, the essential form and integrity of the structtu-e would be unimpaired- Hils)cOat-Rekources Commission 757 — 149 57?VB12021 6 0101117_101tvA H RC 2021-07/ H RCA 2021-07/ H PPA 2021-07 2344 NORTH RIVERSIDE DRIVE MENTON-BARKER HOUSE PLANNING AND BUILDING AGENCY BibtcftAe$ources Commission 767 — 150 57 612021 Planning and Building Agency https://www.santa-ana.org/pb Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre -Approved Accessory Dwelling Unit Plans AGENDA TITLE: Award Agreements to two firms, Design Path Studio and James Gartner & Associates, for the Development of Pre -Approved Accessory Dwelling Unit plans for a total aggregate amount not to exceed $215,000 RECOMMENDED ACTION Authorize the City Manager to execute two agreements with the firms listed below for three years ending July 5, 2024, with provision for a single two-year renewal option exercisable by the City Manager and City Attorney, for a total aggregate amount not to exceed $215,000 for the two contracts combined, for the term of the contract, including the optional renewal, subject to non -substantive changes approved by the City Manager and the City Attorney: 1. Design Path Studio 2. James Gartner & Associates DISCUSSION Background On March 10, 2020, the State of California, Department of Housing and Community Development (HCD) awarded an S62 grant in the amount of $625,000 to the City of Santa Ana. The grant funds will be used to implement innovative strategies and expedited processes that will result in an upgrade to the City's permitting system and counter services, including the production of pre -approved accessory dwelling unit (ADU) plans that streamline counter permit processes. On April 30, 2020, the standard agreement was executed between HCD and the City. On January 27. 2021. the City of Santa Ana requested proposals from qualified firms to create and develop accessory dwelling unit building plan sets that will be used as City standard plans for expedited permit processing and construction. Notification through the PlanetBids website was sent to 359 vendors. of which 18 were based in Santa Ana. One City Council 18-1 7/6/2021 Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre -Approved Accessory Dwelling Unit Plans July 6, 2021 Page 2 proposal was submitted by a Santa Ana firm. A staff selection committee reviewed six submitted proposals. Interviews were conducted with the top two scoring firms, Design Path Studio and James Gartner & Associates. The proposals were evaluated on proposal responsiveness, experience, proposed work plan, staffing, and budget. Design Path Studio and James Gartner & Associates were both selected to provide the required services because their experience with developing accessory dwelling unit plans and local experience with Santa Ana best addressed the City's needs. In order to provide the best services to the City, staff will endeavor to distribute work equally among the two consultants, but reserves the right to assign more work to one consultant over another based on type of support position required, availability of staff, and performance, among other factors. The firms were ranked as follows' Proposer Rank Design Path Studio 1 James Gartner & Associates Santa Ana 2 RRM Design Group 3 M.W. Steele Group 4 KnollmillerArchitects, Inc. 5 KTGY Group, Inc. 6 Description The agreements are intended to produce standardized, pre -approved ADU plans that will be made available to prospective applicants and their design teams. The pre -approved plans will reflect current City and State development standards, as well as Citywide design guidelines to ensure neighborhood compatibility. The intended pre -approved ADU plan types are anticipated to include detached unit types, such as studio, one-, or two - bedroom units. HCD has identified ADUs as an important type of attainable housing statewide. ADUs fill a niche for renters seeking a living space that is both independent and affordable. The pre -approved ADU plans are intended to streamline the City's review of ADUs, saving applicants time and expenses, reducing staff resources required to review and permit such projects, and assisting with production of accessory dwelling units in Santa Ana. The agreements account for future revisions, as needed, to the pre -approved plans to comply with State and Building Code updates. FISCAL IMPACT Funds will be recorded in account numbers 01116510-62300 and will be made available from FY 2021-2022 through FY 2023-24 contingent upon annual budget approval. City Council 18 — 2 7/6/2021 Award Agreements to Design Path Studio and James Gartner & Associates for the Development of Pre -Approved Accessory Dwelling Unit Plans July 6, 2021 Page 3 The fiscal year breakdown is an estimate and the actual amounts per year may vary depending upon project needs. Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount FY2021/2022 15816500-62300 SB-2 Planning Grant Program Contractual Services $ 188,000 FY2022/2023 01116510-62300 General Fund Contract Services $ 13,500 FY2023/2024 01116510-62300 General Fund Contract Services $ 13,500 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director— Finance and Management Services Agency EXHIBIT(S) 1. Agreement— Design Path Studio 2. Agreement — James Gartner & Associates Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By. Kristine Ridge, City Manager City Council 18 — 3 7/6/2021 AGREEMENT WITH DESIGN PATH STUDIO TO PROVIDE PRE-APPROVAT. ACCESSORY DWELLING: UNIT PLANS TH IS AGREEMENT is made and entered into on this tilh day ol'lul-y, 2021 by and between Dcsign Path Studio, 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"). RLCITALS A. On January 27, 2021, the City issued Request for Proposal 21-001 ("RFP") seeking proposals from qualified vendors to create and develop five accessory dwelling unit building plan sets for expedited pci-mil. processing and constructiort- B. Consultant is one of two vendors to timely submit a responsive proposal, which was selected by the City. Consultant represents that it is able and willing, to provide such Services to the City as described in the ILhI' and Consultant's proposal, which are incorporated by reference as though fully attached hereto. 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 lion in the Iicld- NOW 'I 11FREFORE- in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: SCOPE: OF SE14VICES Consultant shall perform during the term of this Agreement, the tasks and obligations includin_y all labor, materials, tools, equipment, and incidental custcrnrary work required to fully and adequalcly a>rnplete. the. SCI-VICcs described and set Borth in Exhibit A, auaclrcd hereto and incorporated by reference. 2. COMPENSATION a- City neither warrants nor "uarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only tier actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation provided by all consultants selected under RFP 2021-001 to perfmn shall not exceed an ant egatc amount of $215,000 during the team of the Agreement, including any CxlC1l3l0n pel-iodS- b. Payment by City shall be made within forty-five (45) clays following receipt ofproper invoice evidencing work perl'onned, Subject Lo City accounting procedures. I'aylnent need not be made for work which fails to meet the standards of perlorniance eel forth in the Recitals which may reasonably be expected by City. City Council 18 — 4 7!' / g0211 of 9 3. TLRM This Agrecrnurt shall cotnrnanec on the date lust written above and continue fur a three-year terra until July 5, 2024, with the option for the City to grant trp to ogle (1) two (2) year renewal, exercisable by it writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to he an independent Consultant and not an employee of the City- This AgreenIell L 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 protessional maxilla ill which Consultant performs the services which are the subject matter of this Agreement; however, the scrviecs to be provided by Consttliant shall be provided in a manner consistent with all applicable Alandards and regulations governing such services- Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to cntployccs and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agrccmait creates a non-exclusive and perpetual license tut City to Copy, usc, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, eslimales, and other documents or works of authorship fixed in any tangible medium of expression, including but not linriLed in, physical drawings or data magnetically or othciwisc recorded on urnrputcr diskettes, which are prcparcd or eauscd to be prepared by Consultant under this Agreement ("Doeumctrts & 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 suhcontractor 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 represeruation and warranL-y in regard to Documents K Data which were provided to Consultant by the City. City shall not be limited in any way in its rise of the Documents and Data at any tine, provided that any such use not within the purposes intended by this Agreemenl shall be at City's sole risk. The parties Ahall also be subjCCL to dre Electronic Transfer Regulations attached hereto as Exhibit C and incorpordled hcrvin by reference. 6. INSURANCE Prior to undertaking perlorrnance of work under this Agreement, Consultatnt shall maintain and shall require its subcontractors, if any, to obtain and maintain insutancc as described below: a. Commercial General Liability lusurauce. Consultant shall maintain Commercial general liability insurance naming the City, its officers, employees, agents, volunleers and represenlalives as additional insured(s_) and shall include, bill nol be limited to protection against claims arising from bodily and personal injury, ineluding death resulting therefrom and damage to property, resulting from any aet City Council 18 — 5 7/W €02Z1of9 or occun-catec arising out of Contractor's operations in the performance of this Agreement. including, without limitation, act involving vehicles- The amounts of' insurancc shall be not less than the lullowing: single limit coverage applying to Bodily and personal injury, including death resulting therefrom, and property damage, in the total amount ol'$1,000,000 per occurrence, with S;2,000,000 in the aggregate- Such insurance shall (a) name the City, its officers, employees, agents, and rcprescntativcs as additional insurcd(s); (b) be primary and trot contributor)' with respect to insurance or self-insurance programs maintained by the City, and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent forth, with a combined single limit of not less than $1,000,000 per occurrence- Such insurance shall include coverage for owtied, hired and non -owned auLomobiles- c- Worker's Compensation tnstu-ance- In accordance with the provision, of Section 1700 of the Labor Codc, Contractor, if Consultant has any employees, is required to be insured against liability for Worker's compensation or to undcrtakc self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not Icss than $1,000,000 per accidenL- d- ll-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 a£;£;regnte. 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 three and ctfiect for the entire period covered by this Agrccmcrn. ii. Certificates of insurancc shall be hu-nished 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 m- reduced in cova-agc or changed in any other material aspect without thirty (30) clays 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 ol'insurance shall lie incorporated by reference into the AgrcenalL. V. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City steal I have the right, at the City's election, to forthwith tcnninate this Agg-ccment- Such termination shall not affcet Contractor's right to be paid for it tittle and materials expended prior to notification of termination. Consultant waives the tight to receive compensatiot and agrees to indemnify the City for anp work performed prior to approval of insurance by the City. City Council 18 — 6 71Wla€02;1of9 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify, and hold harmless the City, its officers, agents, employees, Coll lraclors, special counsel, and representatives from liability: (1) for personal injury, damages, JLISI compensation, restitution, judicial or equitable reIiefarising out ol'Claims hn- 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 terms of or effects arising h-ont this Agreerrrent. This indemnity and hold harmless agreement applies to all claims for daillageS, j nit compensation, restitution, judicial or equitable relief suttcred, or alleged to have been sutfered, by ieasotl ofthe events referred to in this Section or by reason of the terms of, or effects, arising front this Agreement. Tile Consultant furdierogre" to indemnify, hold harmless, and pay all costs for the del'ense of the City, including fees and costs for special axutscl to be selected by the City, regarding any action by a third party challenging the validity of this Agrecnhcnt, or asserting thin 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 litnitcd, to the extent required by Civil Codc Scction 2782.8, to claitn� that arise out ol', pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. IN'I'6:LLFCI'UAI. PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, incuding costs, for infringement of any United States letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consttllant Shall keep records and invoices in connection with the work to be performed Linder this Agreement. Consuhant Shall main Lain complete and aceLuaIC records with respect to the costs incurred tamer this Agreement and any services, cxpendiaues, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required b-y law, front the date of final payment to Consultant under this Agreement- All Such records and invoices shall lie clearly identifiable- Consultant shall allo'A a representative of the City to examine, audit, and make transcripts or eopieS ol'such records and any other documents created pursuant to this Agrecmait during, regularbusincss hours. ConSLIhalit shall allow inspection of all work, data, docunhcnts, proceedings, and activities related to this Agreement for a period of three (3) years from the d;ue of final payment to Consultant under this Agreement. City Council 18 — 7 71W €0241of9 10. CONFIDENTIALITY It' Consultant receives lium the City inlbruration which due to the nature of such information is reasonably understood to be contidcntial and/or proprietary, Constllta[It 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_ "Contieleniial information" shall includec all nonpublic information. Confidential information includes not only written infortnation, 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 ofnon-use andrrondisClnSnre shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in righttul possessiou of the Consultant without an obligation of confidentiality; (d) is required to he disclosed by operation of law; or (c) I,, independently developed by [he Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant cotenants that it presently has no interests and shall not have interests, direct or indirect, which would Cot Ill in any manner with perlbr7mance of services specified under this Agrccurcnl. 12. NON-DISCRIMINATION Constlltant shall not discriminarcbecausc of race, color, creed, religion, sex, marital starts, sexual Orientation, gender idemity, gender expression, gender, medical conditions, genclie 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, tennivatiou or other employment related activities or any services provided tinder this Agreement. Consultant aflirm4; that it is an equal opportunity employer and shall comply with all applicable tcderal, state and local laws and regulatiolls. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complctc. and exclusive slatcanent between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In The, event of a conflia:t between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail_ Phis Agreement may not be modified except by written instrument signed by the City and by an authorized representative ol' Contractor. The parties agree that any terins of Conditions of any pnrchasc otdci- of othici insuLlinent that arc inconsiJtcnt with, of in addition to, the terms and conditions hereof, shall riot bind or obligate Consultant or the City. I[ach parry to [his 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 patty, which is not embodied herein. City Council 18 — 8 7/W €0 2-1 of 9 14. ASSIGNMENT luasrnuch as this Agiou font is intended to sCCurC the specialized sctvices of Cuniractor, Consultant may not assign, transfer, delegate, or st]beontr'act arty irltCrest 11crcirt without the prior written consent of' the City and any such assignment, Iransler, delegation or subcontract without the City's prior written consent shall be considered null and void_ Nothing in this Agreement shall be constrncd to limit the City's ability to have any of the services which are the subjcet to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement ma-v be terminated by the City upon thirty (30) days written notice of terminatiun. 11) such event, Consultant shall be entitled to receive and the Ciry shall pay Consultant conJpensation for all services performed by Consultant prior to receipt of such notice of termination, subjecl to the rollowing conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all wort: product(s) completed as of such date, and in such case such work product shall bcc the property of thc. City unless prohibited by law, and ConsultantcortsCnts to the City's use. thereof for such pur7)oses as the City deems appropriate. b. Payment need not be made for work which flils to 111CU the standard of perlonnance specilied in the Recilals or this Agreement. 16. WAIVER No waiver of breach, failare 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 thec breach, lailure, right or retnccly_ No waiver orany breach, rallln e or right, tn- remed-y shall be deetned a wahcr of any other breach, lallnrC, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics. 17. JURISDICTION - VENUE This Agreanent has been exectued and delivered in the State of California and the validity, interpretation, perforntanec, and enforcement of an-y of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the, venue for any action or proceeding that may be brought or arise out or, in Conncetion with or by reason ol'lhis Agreement - is. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hcrcundcr and required by the laws and regulations of the United States, ttic State of California, the City of Santa Ana and all other governmental agencies. Consultant sliall notify the City immediately and City Council 18 — 9 7/W €0261of9 in writing of its inability to obtain or maintain such pcnmits, licenses, approvals, waivers, and exemptions. Said inability shall be cause liar termination ol'this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be prolmly given if delivered in person or mailed by first class or certified snail, postage prepaid, or sent by tax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City utSanta Ana 20 Civic CCntCI' Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927o2-19SS Fax: 714- 647-6956 WITH courtesy copies to' Executive Director, Plauuing & Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 19KK Santa Ana, California 92702 Fax:714-647-5t297 To Consultant: Oelign Path Studio P.O. Box 230165 Encinilas. CA 92023 A party may change its address by giving noticc in writing to the.. oncct party. Thcrcatter, any conununication shall be addressed and transmitted to the new address. if sent by mail, communication shall he 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, corntnunication shall be effective or deemed to have been given mcrity-foci (24) hours after the time set tirrth on the transmission report issued by the transmitting facsimile machine, addressed as set torth above. For purposes of calculating these time frames, weekends, rederal, slate, County or City holidays shall be excluded. City Council 18 — 10 71W1a2€027'of9 20. MISCELLANEOUS PROVISIONS U. Fach undersigtred represents and wan -ants that its siunalure herein helow has the power, authority and tight to hind their respective parties to each of the leans of this Agreement, and shall indemnity City fitlly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is nol, in I'acl. held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement :md any, prior or COntenlporLrnaxr5 agrenncnts for similar services between the parties is Superseded by this AWeeincnl- This shall not apply where the Parties arc eurrently engaged and Consultam is providing 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Going Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALIIO (;ity Attorney C By: Lr Ryan o.)<fpdgc Assistant City Attorney RLCOMMLNDLD FOR APPROVAL: Minh Thai I.xeciltive Director Planning & Building Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: St Pierre It - Design Path Studio City Council 18 — 11 7/W €07K1of9 EXHIBIT A SCOPF.01: SI;.RVICI;S City Council 18 — 12 7/6/2021 RFP No. 21-001 for Pre -Approval Accessory Dwelling Unit Plans Dcsign Path Studio Proposal 4. WORK PLAN See Project Schedule for more derail. All tasks listed below will be managed by Design Path Studio. Sub -consultants will be responsible for code compliance and any deliverables provided by sub -consultants will be supervised and reviewed by Design Path Studio prior to review by the City of Santa Ana. Our team has a proven track record of producing quality results, on -time and on -budget, even while navigating the challenges of creating the first successful permit -ready ADU program in the state. checkerboardSTUDIOS: ADU Regulations and Design Consultant Contact: Geoffrey Plagemann a: 2640 Worden Street, Unit 208, San Diego, CA 92110 p:304-951-118 e: gf' Dffr y a:s a trr;.r kf:.,r ,rroc�rrl, , rlia e.wai D&R Calcs: Title 24 Energy Consultant Contact: Diane Mendoza a: 14107 Ipava Drive, Poway, CA 92064 p: 858-486-9506 e Structural Engineer Consultant (if required) TBD prior to finalizing contract Task A: Meetings + Project Schedule (2 weeks) Deliverables: Schedules, Agendas, and Meeting Minutes I. Consultant shall attend a kick-off meeting with City Staff to refine the scope of services, timeline, and steps for completion of the ADU building plans. 2. The kick-off meeting will establish protocols for communication, progress meetings, and clarify project objectives and deliverables. 3. Consultant will schedule, prepare agendas, and draft minutes for all monthly team progress meetings. Task 6: Pre -approved ADU Plans (20 weeks) To be consistent with standard professional practice we propose the following design plan in order to refine the designs while working with City Staff. This allows Staff to think through the design and any factors impacting the integration of the prototypical design with existing conditions that cannot be predicted. 1: Schematic Design Deliverables: Floor plans, Elevations City Council 18 — 13 7/612021 Design Path Studio + checkerhoardSTUDIOS - Page 9 RFP No. 21-001 for Pre -Approval Accessory Dwelling Unit Plans Dcsign Path Studio Proposal 4. WORK PLAN (cunt.) a. Evaluate the minimum square footage requirements for each space in the proposed unit type including, kitchen, living room, bedroom(s), and bathroom(s), as applicable. These spaces would be incorporated in each, studio, 1 bedroom, 2 bedroom, and 3 bedroom plans (This proposal does not include garage conversion plans, due to the number of unknown site and building conditions of existing structures). b. Consult with city staff to develop an understanding of how homeowners can easily modify the plans to accommodate an ADU on their existing property. Our goal would be to provide options for incorporating the ADUs into various existing conditions while complying with current building codes in order to create a flexible integrated design that accommodates life safety and a cohesive flow to the floor plans. For example, bedrooms would need to be placed opposite the area of the tie into and existing structure in order to allow for egress from bedroom windows to the exterior. c. Create one to three conceptual floor plans with corresponding exterior elevations for each unit type (studio, one -bedroom, two -bedroom, three -bedroom) for city review and comment. We will present these options in the form of sketches to help visualize the different concepts in an efficient manner, and then select which of these concepts will be developed into the eight final plans. d. Using suggestions from staff we will identify the most logical plan for each unit type. These plans would then be incorporated into the design development phase of the project. 2: Design Development Deliverables: Floor Plans, Elevations, and Building Sections a. Refine the selected floor plans and elevations for each unit type in CAD with necessary clearances, dimensions, and life safety aspects required by the current codes. b. Generate building sections which correspond to each floor plan and elevation for each unit type. The development of building sections will consider standard framing methods, size requirements from span tables outlined in the building code, and other various code minimum requirements. The size of the framing members will further dictate the overall building envelope for each ADU. c. Evaluate and incorporate standard conventional framing details on a conceptual level for each ADU unit type. A conscious effort will be made to standardize the construction details for simple integration into existing structures. 3: Final Building Plan Set Deliverables: Final Set of Building Plans a. Foundation plan with conventional design for footings and slab construction. An option will be provided for a raised foundation with a crawl space in the event an existing house City Council 18 — 14 7/612021 Design Path Studio + checkerboard5TUD10S - Page 10 RFP No. 21-001 for Pre -Approval Accessory Dwelling Unit Plans Dcsign Path Studio Proposal 4. WORK PLAN (cunt.) requires the proposed ADU to tie into an existing raised foundation. b. Dimensioned floor plans will be provided to indicate size of rooms, necessary clearances, door and window identification for corresponding schedules, room type identification, finish materials, and key notes for clarification and coordination with corresponding sheets in the plan set. c. Roof plan indicating overall design, direction of slope, roof pitch, various Class A roofing material options listed to integrate with the different site specific existing conditions, eave details, and venting calculations. d. Building Sections will indicate conventional framing methods and mernber sizes as determined in the design development phase and as shown in the structural framing plans. Building details and materials will be called out which will comply with minimum Title 24 energy standards. e. Exterior elevations will show proposed building materials, heights, door and window identification markers, key note and details call -outs for clarification and coordination with building section. Optional exterior finish material and details will be provided as a way to customize the exterior fa4ade to express individual owners' tastes and integration with community character f. Renderings of exterior and interior concept design will be provided as part of the final building plan set as a way to clearly show the design intent. This will help the homeowner visualize what the completed ADU will look and assist in making the decision to change any exterior materials to better integrate with their existing conditions. g. Title 24 energy calculations will be provided based on the size of the unit, door and window openings, roof overhangs, and thermal mass and insulation as designed for the final plans. Energy calculations will be generated using all cardinal points and can be modified by the consultant herein for a nominal fee for updates to site specific conditions or any changes to the fenestration (door and window) sizes. 4: Department Reviews and Revisions Deliverables: Comprehensive Set of Building Plans a. Based on final staff input, consultant will prepare a final set of building plans to be submitted to City Department for review comments. b. Based on Department review comments, consultant shall make final revisions and submit final documentation for building plans. City Council 18 — 15 7/612021 Design Path Studio + checkerboard5TUD10S - Page 11 RFP No. 21-001 for Pre -Approval Accessory Dwelling Unit Plans Dcsign Path Studio Proposal 4. WORK PLAN (cont.) Task C: Publication Materials (2 weeks) Deliverables: Publication materials for print and website 1. Consultant shall prepare draft publication materials for print and website based on discussions during project team meetings. Consultant will present the materials to Staff for review and comment. 2. Consultant shall prepare and present a final draft of the publication materials for print and website with complete text and finalized images and graphics for final review and comment. City Council 18 — 16 7/612021 Design Path Studio + checkerboard5TUD10S - Page 12 9 N N W _ p ua b Iz'. G � N T Q � O 0 LL o m O F 0 w e u u s c Fn N $ s � � ❑ v ro L C as {p 4 m Q Q.Q m m. mm U.U.. N N 9 U C 0 O U iJ EXHIBIT R COMPMSATION Fee Proposal including hourly rates it applicable City Council 18 — 18 7/6/2021 RFP No. 21-001 for Pre -Approval Accessory Dwelling Unit Plans Dcsign Path Studio Proposal S. COST PROPOSAL This proposal is for each ADU type (studio, one -bedroom, two -bedroom, and three -bedroom). Each type would include reverse and mirrored floor plans, and up to three roof and cladding design variations based on Santa Ana vernacular styles. UNIT TYPES PROPOSED NUMBEROFUNITS PROPOSED BID AMOUNT Studio, One -bedroom, Two -bedroom, and Three -bedroom 1 $15,000 2 $30,000 3 $45,000 4 $60,000 -This Proposal does no( include garage conversion Plans Design Path Studio anticipates completion of all projects tasks and closeout of the project within this calendar year, 2021 (see Project Schedule). Any additional services requested by the City of Santa Ana for the remainder of the contract terms will be billed based on the hourly rate(s) provided. Contract Year-1: $60,000 Contract Year-2: as needed hourly Contract Year-3: as needed hourly Extension: as needed hourly Hourly Fee Schedule: Principal Architect: $175/hr Principal Planner: $150/hr Project Manager: $100/hr Designer: $75/hr Drafter: $75/hr BUDGET NOT TO EXCEED: $60,000 City Council 18 — 19 7i612021 Design Path Studio + checkerboardSTUD1OS - Page 13 EXHIBIT C ELECTRONIC: TRANSFER REAWLATIONS City Council 18 — 20 7/6/2021 Electronic Transfer Agreement It is expressly understood that the Computer -Aided Design ("CAD") files are being provided only for use in the event Consultant is unable to provide services to the City for the Pre -Approval ADU program. CAD files, like any electronic data, transferred in any manner or translated from the system and format used by the design professionals on this Project to another system or format are subject to errors and modifications that may affect the accuracy and reliability of the data, and, in addition, that electronic data may be altered or corrupted whether inadvertently or otherwise. As a result, no representations or warranties, whether expressed or implied, as to the accuracy of the CAD files transferred are made herein. As the accuracy of the CAD files cannot be warranted or guaranteed, it is issued as supplemental information only and must be read in conjunction with the contract documents, and to the extent there are any discrepancies between the CAD files and the contract documents, the physical contract documents must be relied upon. City acknowledges that 1) the CAD files are to be read in conjunction with all construction documents, addenda and supplemental contract documents, and 2) the CAD files are not to be used for fabrication or construction of any kind. Notwithstanding the above, it is understood that City is subject to the California Public Records Act (Gov. Code § 6250 et seq.). If a request under the California Public Records Act is made to view Consultant's CAD files, City shall use reasonable efforts to notify Consultant or the request and the date that such records will be released to the requester unless Consultant obtains a court order enjoining that disclosure. If Consultant fails to obtain a court order enjoining that disclosure, City will release the requested information on the date specified. City and Consultant shall not be liable for use of the CAD files by a third party that has not been authorized to use such files by City. City Council 18 — 21 7/6/2021 AGREEMENT WITH JAMES GARTNER & ASSOCIATES, ARCHITECTS, INC., TO PROVIDE PRY-APPROVAT. ACCESSORS' DWELLING UNIT PLANS THIS AGRFEMENT is made and cntcrocl into on this (itli day ol'July, 2021 by and between .fames Gartner &% Associates, Architects, lilC., a CahfOTiila COrpOratiOn, ("Collstdlant"), and the City of Santa. Aila, a. charter city, all(] municipal corporation organized and existing Under the Constitution and laws of the State of Califomia ("City"). RLCITALS A. On January 27, 2021, the City issued Request for Proposal 21-001 ("RFP") seeking proposals from qualified vendors to create and develop five accessory dwelling unit building plan sets for expedited pci-mil. processing and construction- B. Consultant is one of two vendors to timely submit a responsive proposal, which was selected by the City. Consultant represents that it is able and willing, to provide Snell services to the City as described in the Ithl' and Consultant's proposal, which are incorporated by reference as though fully attached hereto. 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 pci-fonned in compliance with such standards as may reasonably be CxpeCted from a prolcssional consulting lirm in the Iicld- NOW 'I IIFREFORb:. in consideration of the mutual and respective promises, and subject to the tennis and conditions hereinafter set forth, the parties agree as follows. - SCOPE OF SE14VICES 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 fully and adcqualcly Cornplctc the services described and sct fortli in Exhibit A, auaclicd hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor "uarantees any minimum or maximum compensation to COtl9111[ant under this Agi-cement. Consultant shall be paid only tier actual services performed under this Agrecincnt at die rates and charges identified in Exhibit B. The total compensation provided by all consultants selected under RFP 2021-001 to perfmn shall not exceed an ago egatC amount of $215,000 during the team of thC. Agreement, including any CXlenslUn peliods- b. Payment by City shall be matte within forty -rive (45) days fol lowing receipt of proper invoice evidencing work perl'onned, subject Lo City accounting procedures. I'aylnent need not he made for work which fails to meet the standards ofperfirrniance set forth in the Recitals which may reasonably be expected by City. City Council 18 — 22 7/W €0211 of 8 3. TLRM This A-recmeni shall wrnmurcc on the date first written above and CortinuC ILr a thtec- year term until July 5, 2024, with the option tor the City to gi.3rlt up to one (1) two (2) year renewal, exercisable by a writing by the Cily Manager and the City Attorney, unless terminaled earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, he construed to be an independent Consultant andnot an employee of the laity_ This Agi-eerrrent is not intentlednor shall it be construed to create an employer -employee relationship, a joint ventture relationship, or to allow the City to exercise discretion or control over the protcssional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consullant shall be provided in a manner consislenl with all applicable standards and rrUulations governinU such Services_ Consultant shall pay all salaries and wages, employer's social security [axes, ttnenrploynrent insurance and similar taxes relating to cruployces and shall be responsible for all applicable witliholding taxes. 5. OWNERSHIP OF MATERIALS This Agrccmatt creates a nun -exclusive and perpetual license fur City to Copy, Lose, modify, reuse, or sublicense any and all copyrights, designs, and other intellecntal property embodied in plans, specifications, sludies, drawings, eslimales, and other documents or works of authorship lixed in any Lanuible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or Causal to be preparers by Consultant under this Agreement ("DoCutnenls & 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. Consullant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no suCh represenuation and warranty in regard to Documents & Data which were providccl to Consultant by the City. City shall not be limited in any way in its use of the Documerts and Data at any time, provided that any such use not within the purposes intended by this Agreemenl shall be at City's sole risk. 6. INSURANCE Prior to underntking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if arrv, to obtain and maintain insurance as described below - it. CornmerCial General I,ial,ility 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 properly, resuhing from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, aus involving vehicles. The amounts of City Council 18 — 23 7/W €02Z1 of 8 insurance shall be not ICss than the following: single limit coverage applying to bodily and personal injury, including death resulting thereliom, and property damage, in the total aunount of$1,000,000 pet uccuncricc, with $2,000,000 in the leercgate. Such insurance Shall (a) rlanne the City, its officers, employees, agents, and representatives as addilional insured(s)' (b) be primary and not contributory With respect to insurance or sel f-insurance programs maintainer) by the City, and (c) contain standard separation of insureds provisions. h. Businessall ton Iobi IcIiabiIicy insuratee, orcquivaIcot form, with acoin I,incdsingle. 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 hn w:mce- Tn accordance with the provisions of Section -1700 of the Labor Code, Contractor, if C--Orin tllLant has any employees, is required to be insured against liability Ihr worker's compensation or to Undertake sell' insurance. Prior to commencing, the perfinrnancc of the work under this ngreerrnent. Consultant agrees to obtain and maintain any ennployct'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 onnissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in ht11 force and effect for the entire period covered by this Agreement. ii- Certificates of insurance shall be furnished to the City upon execution oh 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 (�0) days prior written notice to the City- iv- Where the amounts or coverage provided by the certificates oh insurancc provides coverage greater than those listed by this Agreement, the atnotrts 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 cnrlorscrucnt- f if Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refirses W fitrnish the City with requircdl 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 tcrrnination- Consuluunt waives the right to receive congnansation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. City Council 18 — 24 71f1 €02;1 of 8 7. INDEMNIFICATION Consultant agrees to defend. and shall indcmnify and hold harunlCss the City. its 017iccrs, apcuts, empIuyeCs, contlactoIS, special Coil rIse I, and representatives tronn liability (I) fur personal injury, damages, just compensation, restitution, judicial orequitable reliel arising out ofclainns for personal injury, including death, and claims lirr property damage, which may arise from the negligent operations of the Contractor, its subcono-actors, agents, crnployces, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any Maim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement- This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Seuion or by reason of the terms of, or effects, arising tinm this Agreement. The Consultant htrther agrees to indcmnify, hold harmless, and pay all costs for the defense of the City, including fees and cosls for special countiel to be selected by the City, regarding any action by a Lhird parly challenging thee validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief duc to personal or property rights arises by reason of file terms of, or effects arising front this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithst carding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782-5, the above indenmity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of', pertain w, o relate to the negligence, recklessness, or willful miscuuduct of the Contractor. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indcmnify the City, its officers, agents, rcprescntatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreennent- 9. RFCORDS Consultant shall keep records and invoices in connection with the work to be perfornncd under this Agreennenl_ Consultanl shall maintain complete and accumale records with respecl to the costs incurred under this Agreement and any services, expenditures, and eh5butisC1n1e111s charged to the. City for a rninimlun period of three (3) years, of for any longer period required by law, front the date of final payment to Consultant under this Agreement. All such records and invoices shall he 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 Agreerent during regularbusiness hours- Consultant shall allow inspection of all work, data. documents, proceedings, and activities related to this Agreement for a period of thrcc (3) years from the date of final paynnent to Consultant under this Agrcenncnt. City Council 18 — 25 7/W,,,20241 of 8 10. CONFIDENTIALITY II' Consultant receives lium the City inlbruration which due to the nature of such information is reasonably understood to be contidcntial and/or proprietary, Constllta[It 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 Wornration" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -Use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in 6ghttul possessiou of the Consultant without an obligation of confidentiality; (d) is required to he disclosed by operation of law; or (c) I,, independently developed by the Consultant without reference to information disclosed by the City. It. CONFLICT OF INTEREST CLAUSE Consultant cotenants that it presently has no interests and shall not have interests, direct or indirect, which would Cot Ill in any manner with perlbr7manee oI' services specified under this Agrccurcnl. 12. NON-DISCRIMINATION Constlltant shall not discriminarcbecausc of race, color, creed, religion, sex, marital stants, sexual orientation, gentler idemity, gender expression, gender, medical conditions, genctie 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, tennination or other emplo)mient related activities or any services provided under this Agreement. Consultant aflirm4; that it is an equal opportunity employer and shall comply with all applicable tcderal, state and local laws and regulatiolls. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complctc. and exclusive sratcanent between the City and Comractor, and supersedes any and all other agreements, oral or writiett, between the parties. In The, event of a conflict between the terms of this Agreement and any attachments hereto, the terms ofthis Agreement shall prevail_ Phis 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 terans of conditions of any pmchasc otdei- of otlrei insnlnnent that arc inconsiJtcnt with, of in addition to, the terms and Conditions hereof, shall nut bind or obligate Consultant or the City. I[ach parry to this Agreement acknowledges Thal no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which is not embodied herein. City Council 18 — 26 7/W €0 2-1 of 8 14. ASSIGNMENT hlasrnuch as this Agiournatt is intended W seCurC the specialized sclvices of Cuniractor, Consultant may not assign, transfer, delet,ate, or sttbeontr'act ally irltCrest herein without the prior wrilten consent of the C�IIy and any such assignment, iransler, delegation or subcorrtracl willrolll the City's prior written consent shall be considered null and void_ Nothing in this Agreement shall be constntcd to limit the City's ability to have any of the services which are the subjcet to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) clays written notice of terminaliuu. 11) such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all scrviccs performed by Consultant prior to receipt of such notice of termination, subjecl to Lhe following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all wort: product(s) completed as of such date, and in such case such work product shall bcc the property of thc. City unless prohibited by law, and COn3ultanlcorrSCnls lu the City's use. thereof for such pur7)oses as the City deCms appropriate. b. Payment need not be made for work which fails to nlCot the standard of perlonnance specilied in the Recilals ofthis 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 party waiving thec breach, lailure, right orretncdy- No waiver ofany breach, lailurr or right, or remedy shall be deemed a waiver of any other breach, fallttrC, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifics. 17. JURISDICTION - VENUE This Agreeinent has been executed and delivered in the State ofCalifornia arld the validity, interpretation, performance, and cnforeement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the, venuC for any action or proceeding that may be brought or arise out ol', in conncetion with or by reason ol'lhis Agreement - is. PROFESSIONAL LICENSES Consultanl shall, throughout the tern ol'this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the scrviccs 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 City Council 18 — 27 7/W €02�1 of 8 in writing of its inability to obtain or maintain such pCittits, licenses, approvals, waivers, and exemptions. Said inability shall be cause liar termination ofthis Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other Communication pursuant to this Agreement shall be in writing and shall bee deemed to bee 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 otSanta Ana 20 Civic CCmtCI' Plaza (M-30) P.O. Box 1988 Santa Ana, CA 927o2-19SS Fax: 714- 647-6956 WITH Courtesy Copies to: Executive Director, Plauuing & Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 19KK Santa Ana, California 92702 Fax:714-647-5t297 To Consultant .lames Gartner & Aaociates, Architects, Inc. 2036 N. Broadway Santa Ana, CA 92706 A party may change its address by giving noticc in writing to the.. oncct party. Thcrcatter, any Cotntnunication shall be addressed and transmitted to the new address. If sent by snail, communication shall he 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 mcrity-foci (24) hours after the time set tirrth on the transmission report issued by the transmitting facsimile machine, addressed as sct forth above. kor purpose, of calculating these time frames, weekends, rederal, slate, County or Cily holidays shall be excluded. City Council 18 — 28 71W1a2€027' of 8 20. MISCELLANEOUS PROVISIONS a. Hach undersigiied represents and wan-atnts that its signature herein helow has the power, authority and tight to hind their respective parties Lo each of the terms of this Agreement, and shall indemnity City dilly, including reasonable costs and attorncy's tees, for any injuries or dannages to City in the event that such authority or power is nol, in facl, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement said any prior nr arntennporLInaxrs agreement', for Similar services between the parties IS Superseded by this AWeement_ This shall not apply where the Parties Lire cur'erilly engaged and Consultant is providing services not contemplated by this AP reetent C. All Exhibits referenced herein mid attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreennenl Lhe date and year fist above written. ATTEST: Daisy Going Cleric of doe Council APPROVED AS TO FORM: SONIA R. CARVALIIQ (;ity Attorney I By:'L--L,2/ Ryan O. floldge , Assistant City Attorney RLCOMMLNDLD FOR APPROVAL: Minh Thai I.Necutive Director Planning cot Building Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: I By James R. Gartner Title President, James Gartner & Associates Architects, Inc. City Council 18 — 29 7/W,2€01281 of 8 EXHIBIT A SCOPF.01: SI;.RVICI;S City Council 18 — 30 7/6/2021 Exhibit A AMIS CARMR 8 ASSOUAI February 26, 2021 RE: RFP No. 21-001 Proposed Approach: The Principle in Charge, James Gartner, along with our Sr. Architect / Project Manager will meet with city staff to kick-off the design process. We will develop prototypical site plans and floor plans of the five ADU project types for discussion with staff. James Gartner will lead the design concepts and coordination with city staff. Our two project managers, Roger Mondragon and Sisi Qian, will lead the presentation renderings and assist with final plans. Our Sr. Project Architect, Glen Kanzelmeyer, will handle code research and final plans. Manaeine Resources: We have a unique team within our firm with multiple talents. James Gartner, Principal in Charge & Sisi Qian, Project Manager, typically lead the preliminary design work. Roger Mondragon, Project Manager, is also an excellent designer and very talented with construction documents. Glen Kanzelmeyer, Sr. Project Architect, is a licensed professional and an expert at code research and the development of final construction documents. Project Schedule (anticipated target dates): Award Date: Cnntart City Staff / Planning: Contract Preparation: Meet with City Staff: Preliminary Design: Design Development: Design Development Review: Final Plans: Internal City Review: Plan updates per City Review April 20", 2021 April 21", 2021 April 21", 2021—April 27", 2021 April 27'-", 2021 April 28", 2021—June 15"', 2021 June 15", 2021—July 15"', 2021 July 15"', 2021 —August 15"', 2021 August 15'" — November 11L, 2021 November 1't— December 1", 2021 December 1"— December 15L11. 2021 City Council 18 — 31 716/2021 EXHIBIT R COMPMSATION Fee Proposal including hourly rates it applicable City Council 18 — 32 7/6/2021 Fxhihit R AMB GARTNER & ASSOCIATES, Cost Proposal Garaee Conversion Meetings with Staff (Prelirn / Final Plans) $ 1,500.00 Preliminary Design $ 2,500.00 Design Development $ 1,500.00 Construction Documents - Final Plans per RFP $ 9,500.00 Structural Plans / Calculations $ 6,325.00 Energy Calculations / Forms $ 1,000.00 Meetings with Staff to Finalize Plan Sets $ 1,000.00 Sub Total $ 23,325.00 Renderings for Publication $ 1,500.00 TuLal - Garage Conversion: $ 24,825.00 Studio Meetings with Staff (Prelim / Final Plans) $ 1,500.00 Preliminary Design $ 4,500.00 Design Development $ 2,000.00 Construction Documents - Final Plans per RFP $ 11,500.00 Structural Plans / Calculations $ 6,900.00 Energy Calculations / Forms $ 1,000.00 Meetings with Staff to Finalize Plan Sets $ 1,000.00 Sub Total $ 28,400.00 Renderings for Publication $ 2,500.00 Total - Studio: $ 30,900.00 City Council 18 — 33 7/6/2021 1 One Bedroom Meetings with Staff (Prelim / Final Plans) $ 1,500.00 Preliminary Design $ 5,500.00 Design Development $ 2,000.00 Construction Documents - Final Plans per RFP $ 13,000.00 Structural Plans / Calculations $ 7,475.00 Energy Calculations / Forms $ 1,000.00 Meetings with Staff to Finalize Plan Sets $ 1,000.00 Sub Total $ 31,475.00 Renderings for Publication $ 3,000.00 Total - One Bedroom: $ 34,475.00 Two Bedroom Meetings with Staff (Prelim / Final Plans) Preliminary Design Design Development Construction Documents - Final Plans per RFP Structural Plans / Calculations Energy Calculations / Forms Meetings with Staff to Finalize Plan Sets Sub Total Renderings for Publication Total - Two Bedroom: $ 1,500.00 $ 6,500.00 $ 2,000.00 $ 15,000.00 $ 7,820.00 $ 1,000.00 $ 1,000.00 $ 34,820.00 $ 3,000.00 $ 37,820.00 City Council 2 18-34 7/6/2021 Three Bedroom Meetings with Staff (Prelim / Final Plans) Preliminary Design Design Development Construction Documents - Final Plans per RFP Structural Plans / Calculations Energy Calculations / Forms Meetings with Staff to Finalize Plan Sets Sub Total Renderings for Publication Total - Three Bedroom: $ 1,s00.00 $ 7,500.00 $ 3,000.D0 S 70,000.00 $ 9,085.00 $ 1,000.00 $ 1,000.00 $ 43,085.00 $ 3,500.00 $ 46,585.00 Future modifications to already completed protoypical plans are not included in the fixed fees. Modifications will be prepared on an hourly basis. Rates: Principal $ 225.00 /hr. Sr. Project Architect $ 175.00 /hr. Project Managcr $ 155.DD /hr. Job Captain $ 135.00 /hr. Structural Engineering Consultant: Langston & AssuciaLes 603 N. Parkcenter Dr., Ste. 108 Santa Ana, CA 92705 Energy Consultant: CRO Engineering 18652 Florida Street, Suite 100 Huntington Beach, CA 92618 City Council 3 18-35 7/6/2021 Public Works Agency https://www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Warner Avenue Street Improvements (Oak Street to Grand Avenue) AGENDA TITLE Authorize a Purchase Agreement in the Amount of $898,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: SPS Technologies, LLC) (Project No. 18-6901) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase agreement with property owner SPS Technologies, LLC, a Delaware limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 1224 E. Warner Avenue (APN 016- 150-09) in the amount of $898,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from a four -lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in winter 2021. The proposed improvements for the project originated as a mitigation measure for the Tustin Legacy project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project. As such, the City of Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue. The recommended partial property acquisition (Exhibit 1) is necessary to accommodate the street improvements for Phase 2. The purchase offer was determined based on [he City Council 19 — 1 7/6/2021 Real Property Purchase Agreement — Warner Avenue Improvements, Phase 2 July 6, 2021 Page 2 appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2). ENVIRONMENTAL IMPACT On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $898,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2021-22 as follows - Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description 2021-22 03217663-66100 Measure M- Measure M2 Competitive $673.500 Street Construction Street, Land Select Street Warner Ave -Tustin 2021-22 05917668-66100 Construction Community Facilities 5224,500 (City of Tustin District, Land Contribution) TOTAL $898,000 EXHIBIT(S) 1. Location Map 2. Purchase Agreement— APN 016-150-09 Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. Kristine Ridge, City Manager City Council 19 — 2 7/6/2021 EXHIBIT 1 016-133-A� i ! 016-131-43 1 I I I Wy I Q I W EVERGREEN ST w T�� 2 , W i I .a 016-ISO-00 0 e. YARN[R I' EVERGREEN ST STANDARD AVE MATCHLINE SEE BOTTOM LEFT 01®-ISO-09 6-1SO-74 w Q d' w Z r� r l(1 a I N a j 0 I i I HATHAWAY ST SANT�A ANA TITLE: GIRMAENT FOR WARNER AVENM mm P W A Lf"I OVEM MB 0440JECT NO. S-OW Council7/42021 EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 12 0 2 1 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City' or `Buyer"), and SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company (hereinafter "Seller"), regardless of number or gender: THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and on and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, (a) fee title to that certain real property legally described on attached Exhibit A and shown as an area consisting of 6,801 square feet on the plat reap attached as Exhibit B (the 'Right of Way Fee Acquisition Area") and (b) a one hundred eighty (180) day temporary construction easement ('Temporary Easement') on, over, and above that certain real property described on attached Exhibit A-1 and shown as an area consisting of 8,503 square feet on the plat map attached as Fxhibit R-1 (the "Fasement Area"). I he Right of Way Fee Acquisition Area and the Easement Area are a portion of the real property commonly known as 1224 E. Warner Avenue, Santa Ana CA) (APN 016-150-09) The Right of Way Fee Acquisition Area and the Casement Area are sometimes referred to herein together as "Said Real Property". Said purchase and sale of fee title to the Right of Way Fee Acquisition Area and the Temporary Easement on, over, and above the Easement Area shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller: Grant by Seller. A. At Closing on the Closing Date (described below), Seller agrees to convey the Right of Way Fee Acquisition Area to City, by Grant Deed in form attached as Exhibit D (the "Grant Deed"). Closing shall be through escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California,. B. At Closing on the Closing Date, Seller and City agree to enter into a Temporary Construction Easement Agreement in form attached as Exhibit E (the "Temporary Easement Agreement') pursuant to which Seller shall grant to City a one hundred eighty (180) day temporary easement on, over and above the Easement Area. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, at Closing on the Closing Date, the Right of Way Fee Acquisition Area shall be conveyed by Seller to City, as aforesaid, by Grant Deed, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title, except those exceptions shown in Paragraph 15 below. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. City Council 19 — 4 7/6/2021 11119_i3sOG.4 006097 -00016 3. Title Insurance. It shall be a condition to City's obligation to close the transactions contemplated by this Agreement that the above mentioned title company shall have committed at or before Closing to issue a policy of title insurance, with the City therein named as the insured, in the amount of the Purchase Price (described below) insuring the title of the City to the Right of Way Fee Acquisition Area is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as are listed as exceptions in the title report. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not. shall not constitute a waiver by City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title as required in this Agreement. 4. Escrow: Closing Date. City agrees to open an escrow at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. This transaction shall be closed "(Closing" or "Close of Escrow") on or before the day that is sixty (60) days after the mutual execution and delivery of this Agreement by Seller and City (the "Closing Date"). If escrow is not in a condition to close by the Closing Date, and failure to close is due to unforeseen conditions of title or interest of third parties in said Real Property that cannot be resolved in Escrow on or before the Closing Date, then Buyer may, at its option, prior to Closing on the Closing Date, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is timely made, Escrow shall be closed or) the closing Date. If this transaction is not closed on the Closing Date due to no fault of Seller, all liabilities and obligations of Seller under this Agreement shall cease and terminate. Buyer shall be entitled to possession of the Right of Way Fee Acquisition Area immediately upon close of escrow, and to the temporary construction easement on, over, across the Easement Area upon a 48-hour written notification to Grantor. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of the Right of Way Fee Acquisition Area, and the granting of the Temporary Easement on, over, and above the Easement Area, to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on the Right of Way Fee Acquisition Area for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on the Right of Way Fee Acquisition Area for said fiscal year which have been paid prior to the date the deed conveying the Right of Way Fee Acquisition Area to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying the Right of Way Fee Acquisition Area to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or City Council 19 — 5 7/6/2021 110q:H.S92A OOt;09T-0001G assessments attributable to the Right of Way Fee Acquisition Area. Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for the Right of Way Fee Acquisition Area, the above described Temporary Easement on, over, and above the Easement Area, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Eight Hundred Ninety -Eight Thousand and no/100 Dollars ($898,000.00). 1 he full purchase price under this Section 6 is referred to in this Agreement as the "Purchase Price". City agrees to deposit said Purchase Price in escrow with the Escrow Agent on or before Closing on the Closing Date, and the Escrow Agent is hereby authorized and instructed to pay the same to Seller upon and after. (a) Conveyance of the Right of Way Fee Acquisition Area by the Grant Deed executed by Seller to City, and acceptance by City of the Grant Deed, as hereinabove provided; (b) Execution by Seller and City of the Temporary Construction Easement Agreement, granting to City the Temporary Easement on, over, and above the Easement Area; (c) Commitment by Escrow Agent to deliver to City the policy of title insurance as hereinabove provided. (d) Recordation of the Grant Deed conveying the Right of Way Fee Acquisition Area to City and recordation of the Temporary Construction Easement Agreement . 7. Possession. Seller agrees to deliver to City, on the date the Grant Deed conveying the Right of Way Fee Acquisition Area to City is recorded, quiet and peaceful possession of the Right of Way Fee Acquisition Area, which shall be made free by Seller of all personal property. 8. Rental and Occupancy By Seller. INTENTIONALLY DELETED 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof. shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Comhensatlon. Seller acknowledges and agrees that said Purchase Price is just compensation at fair market value for fee title to the Right of Way Fee Acquisition Area and the Temporary Fasement on, over, and above the Easement Area and includes payment for fixtures & equipment (if any) (improvements pertaining to the realty), goodwill (if any), and severance damages. 13. Acknowledament of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of itself, its heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of fee title City Council 19 — 6 7/6/2021 11093339Y.4 00809T -0001 [i to the Right of Way Fee Acquisition Area and of the Temporary Easement on, over, and above the Easement Area by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"), precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Right of Way Fee Acquisition Area, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245, any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Defendants pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood Thal [his is a complete and full sefflernenl of all acquisition claims, liabilities, or benefils of any type or nature whatsoever relating to or in connection with the acquisition of fee title to the Right of Way Fee Acquisition Area and of the Temporary Easement on, over and above the Easement Area by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire fee title to the Right of Way Fee Acquisition Area and of the Temporary Easement in the Easement Area through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire fee title to the Right of Way Fee Acquisition Area and the Temporary Easement on, over and above the Easement Area or to construct the works of improvement on the Right of Way Fee Acquisition Area, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that it either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows. "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. This acknowledgment and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 1224 E. Warner Avenue, Santa Ana, CA 92705. 15. Exceptions. City agrees to accept title to said real property by the Grant Deed subject to the following: the non -monetary encumbrances and matters listed in the title report. City Council 19 — 7 7/6/2021 093 113392.4 00809T -()OOHS 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. AS -IS PURCHASE. Buyer is purchasing fee title to the Right of Way Fee Acquisition area and the Temporary Easernent in the easement area "as is", subject to all matters known, unknown and unsuspected. Except as expressly set forth herein, Seller makes no representations or warranties, express or implied, with respect to the title to or condition of said real property the suitability of said real property for Buyer's intended use, or the presence of any hazardous substances or materials in any media on said real property. Buyer represents that it has the necessary sophistication in real estate to assume the risk of unknown and unsuspected matters. 18. BUYER'S RELEASE OF SELLER. AT THE CLOSING, SUBJECT TO SELLER'S REPRESENTATIONS AND WARRANTIES HEREIN, BUYER SHALL ASSUME THE RISK OF ALL ADVERSE MATTERS RELATING DIRECTLY OR INDIRECTLY TO SAID REAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, PHYSICAL CONDITIONS AND ENVIRONMENTAL CONDITIONS, WHETHER SUCH MATTERS HAVE BEEN REVEALED BY BUYER'S INVESTIGATIONS OR NOT. IF BUYER CLOSES ON THE PURCHASE OF THE FEE TITLE TO THE RIGHT OF WAY FEE ACQUISITION AREA AND OF THE TEMPORARY EASEMENT ON, OVER AND ABOVE THE EASEMENT AREA, THEN BUYER'S CLOSING SHALL CONSTITUTE A RELEASE AND DISCHARGE OF, AND BUYER SHALL BE DEEMED TO HAVE RELEASED, SELLER AND SELLER'S OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS ("SELLER PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSCS OF ACTION (INCLUDING CAUSCS OF ACTION IN TORT AND STATUTORY CLAIMS), LOSSCS, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ("CLAIMS") OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, PRESENT OR FUTURE, WHICH BUYER MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY SELLER PARTY AT ANY TIME BY REASON OF OR ARISING OUT OF ANY PHYSICAL OR ENVIRONMENTAL CONDITIONS, VIOLATIONS OF ANY APPLICABLE LAWS (INCLUDING, WITHOUT LIMITATION, ANY ENVIRONMENTAL LAWS) AND ANY AND ALL OTHER ACTS. OMISSIONS. EVENTS, CIRCUMSTANCES OR MATTERS REGARDING SAID REAL PROPERTY, INCLUDING ANY ACTS OR OMISSIONS OF SELLER OTHER THAN CLAIMS ARISING FROM ANY BREACH OF AN EXPRESS REPRESENTATION OR WARRANTY OF SELLER HEREIN, OR SELLER FRAUD (COLLECTIVELY, "RESERVED CLAIMS"). BUYER AGREES THAT SHOULD ANY CLEANUP, REMEDIATION OR REMOVAL OF ANY HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONDITIONS ON SAID REAL PROPERTY BE REQUIRED AFTER THE CLOSING DATE, SUCH CLEAN-UP, REMOVAL OR REMEDIATION SHALL BE THE RESPONSIBILITY OF, AND SHALL BE PERFORMED AT THE SOLE COST AND EXPENSE OF, BUYER AND THAT SUBJECT TO RESERVED CLAIMS, BUYER SHALL HAVF NO Cl AIM, INCI UDING, WITHOUT I IMITATION, ANY STATUTORY Cl AIMS OR Cl AIMS FOR CONTRIBUTION OR JOINT LIABILITY, AGAINST ANY SELLER PARTY. THE FOREGOING RELEASES INCLUDE, WITHOUT LIMITATION, ANY CLAIMS BUYER MAY NOW OR HEREAFTER HAVE AGAINST ANY SELLER PARTY UNDER ANY FEDERAL OR STATE LAW STATUTE OR REGULATION RELATING TO HAZARDOUS SUBSTANCES, AS THE SAME MAY BE AMENDED. THE FOREGOING RELEASES, COVENANTS, REPRESENTATIONS AND WARRANTIES INCLUDE, WITHOUT LIMITATION, ANY CLAIMS SELLER MAY NOW OR HEREAFTER SUFFER UNDER ANY FEDERAL OR STATE LAW STATUTE OR REGULATION RELATING TO HAZARDOUS SUBSTANCES, AS THE SAME MAY BE AMENDED. SUBJECT TO THE FOREGOING, AND SUBJECT TO THE RESERVED CLAIMS, UPON CLOSING BUYER RELEASES AND FOREVER DISCHARGES EACH SELLER PARTY FROM ANY AND ALL CLAIMS OF EACH AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, PRESENT OR FUTURE, RELATING DIRECTLY OR INDIRECTLY TO THE TITLE TO OR CONDITION OF SAID REAL PROPERTY, THE SUITABILITY OF SAID REAL PROPERTY FOR BUYER'S INTENDED USE. REGARDLESS OF FAULT OR NEGLIGENCE OF SELLER. THE RELEASES IN THIS PARAGRAPH SHALL SURVIVE THE CLOSE OF ESCROW AND SHALL NOT BE DEEMED MERGED INTO THE GRANT DEED FROM SELLER TO BUYER. 19. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. City Council 19 — 8 7/6/2021 093 11339Y.4 00b09T-000115 20. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 21. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 22. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are no[ to be considered in construing [his PSA. 23. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 24. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 25. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 26. Dubt To Cooperate Further. Fach party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 27. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA. 29. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 6 hereinabove, the City, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: i. NONE All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish the following improvements located on the Properly: i. NONE City Council 19 — 9 7/6/2021 11008 93339Z4 009T -()OOHS (c) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement does not include the value of the cost to relocate the SCE vault located within the Right of Way Fee Acquisition Area. Seller takes full and sole responsibility for the relocation of the SCE vault, which shall be completed in a timely manner. Seller shall work in good faith with City and SCE for the relocation of the SCE vault so that it does not interfere with or delay the City's Project. City will fully reimburse Seller for the actual cost of the SCE vault relocation through a relocation reimbursement agreement. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS City Council 19 — 10 7/6/2021 093 11339Y.4 00b09T-000115 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: SPS Technologies, LLC, a Delaware limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company Date: 2021 By. Narne: Its- City/Buyer City of Santa Ana Date: , 2021 Kristine Ridge City Manager Attest: Date: 2021 Daisy Gomez City Clerk Approved as to Form: _ Date: June 4 2021 Join M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: , 2021 Nabil Saba, PE, PLS Executive Director Public Works Agency City, Coyncil 19 — 11 7/6/2021 1109:3:1302.4 00b City, 1) 1 b IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company Date: 61N` Z0Z , 2021 By: Do+niQj �lruNP1�0 _ Name: Vote ires, Its: City/Buyer City of Santa Ana Date: 2021 Kristine Ridge City Manager Attest: Date: 2021 Daisy Gomez City Clerk Approved as to Form: Date- 12021 John M. Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: 2021 Nabil Saba, PE, PLS Executive Director Public Works Agency City Council 19 — 12 7/6/2021 110933392.4 0060972.00016 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION R307513.19 05-14-20 RIVISFD 05-15-20 EXHIBIT "A" L,EGAI. DESCRIPTION RIGHT OF WAY FEE AQUISTION APN 016-150-09 That portion of the land allotted to James McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1968 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right of Way line as described in that certain Grant Deed recorded in Book 210, Page 33, of Deeds, in said oil -ice of the County Recorder, as shown on said Record of Survey and the Southerly line of the easement for street purposes described in that certain Deed, recorded April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as now established; thence along said Westerly Right of Way line South 01°23'57" West 1250 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line; thence leaving said Westerly line along said parallel line North 88°29'43" West 126.31 feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly 231.92 feet along said curvet through a central angle of 02° 11'01" to the beginning of a reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 538 feet along said curve through a central angle of 44°02'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said curve through a central angle of 44°39'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central angle of 00°19'00"; thence non - tangent North 88°23'57" West 81.60 feet to the Easterly line of Emmett's Addition of South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office of the County Recorder, as shown on said Record of Survey; thence along said Easterly line North 01°20'34" East 9.79 feet to said Southerly Right of Way line of Warner Avenue; thence along said Southerly Right of Way line the Billowing two (2) courses: South 88°30'26" East 30.39 feet and South 88°29'43" East 555.20 feet to the Point of Beginning. City Council 19 — 13 7/6/2021 01 M 10362.01l02.102.10lQC IN51'6100 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION EXHIBIT A LEGAL DESCRIPTION -CONTINUED PAGE 2 OF 2 Containing an area of 6,801 square feet, more or less. R307513.19 05-14-20 REVISED 05-15-20 Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. A11 as shown on Exhibit "B" attached hereto and by this reference made a part hereof. ! DAVID W. MACKEY, PLS 8912 City Council 19 — 14 7/6/2021 EXHIBIT "B" (PART TAKE FEE) PLAT MAP EXHIBIT A R307513.19 LEGAL DESCRIPTION -CONTINUED 05-14-20 PAGE 2 OF 2 REVISED 05-15-20 Containing an area of 6,801 square Peet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, ofrecord- Allas shover on Exhibit "B" attached hereto and by this reference made a part hereof ------------------ DAVTD W. MACKEiY. PLS 8912 City Council 19 — 15 7/6/2021 EXHIBIT "B" (PART TAKE FEE) .............................,.............,..... PLAT MAP ..... , _., PAGE 2 OF 2 REVISED 05-15-20 Containing an area of 6,801 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof_ .- — _ _ _......_......_ DAVID W. MACKEY, PLS 8912_L,7 City Council 19 — 16 7/6/2021 EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION 111,11 0,1 i 1.Qq Y .]'Jp Er: I, >e R307513.19 05-14-20 REVISED 05-15-20 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 016-150-09 That portion of the land allotted to James McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of Survey, in the office of the County Recorder of said county, described as follows - Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right of Way line as described in that certain Crrant Deed recorded in Book 210, Page 33, of Deeds, in said office of the County Recorder, as shown on said Record of Survey and the Southerly line of the easement for street purposes described in that certain Deed, recorded April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as now established; thence along said Westerly Right of Way line South 01°23'57" West 12.50 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line, also being the TRUE POINT OF BEGINNING; thence leaving said Westerly line along said parallel line North 88°2943" West 126.31 feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly 231.92 feet along said curvet through a central angle of 02'11'01" to the beginning of a reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 538 feet along said curve through a central angle of 44602'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said curve through a central angle of 44039'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central angle of 00°19'00"; thence non -tangent North 88°23'57" West 81.60 feet to the Easterly line of Emmett's Addition of South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office of the County Recorder, as shown on said Record of Survey; thence along said Easterly line South 01°20'34" West 21.49 feet; thence leaving said Easterly line South 88°23'57" Fast 47.95 feet; thence South 02°25'13" West 9.96 feet; thence South 88°29'43" East 216.10 feet; thence North 019017" East 25.69 feet; ,59`15- lit th i y ounce - 1utticlu Pacific 16/2021 : EXHIBIT "A-1" (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION EXHIBIT A R307513.19 LEGAL DESCRIPTION -CONTINUED 05-1.4-20 PAGE 2 OF 2 REVISED 05-15-20 Company Right of Way line; thence along said Westerly line North 01°23'57" East 222 feet to the TRUE POINT OF BEGINNING_ Containing an area of 8,503 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. DAVID W. MACKEY. PLS 8912 City Council 19 — 18 7/6l2021 EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT) PLAT MAP cq ` — — _ —f WARNER AVENUE _ Nab N8879'43"W EASEMiNT FOR STREE J PURPOSES PER BOOK 2339, PACE 255, O.R. EASEMENT FOR STREET PURPOSES PER BOOK 78,90, PAGE 714, — O.R. _ v ` 4=02'11' Ra.6, 085. 00' — — ` —' — �- 1,=231.g2 —— N962943"W 126.31' NO8912 Or N88 39 35-W 1)21. 8,503 SQ.FT. dANMIS MCFADDEN REWSED: 511512020 HLIFF-ZOLIARS Flute-zolara, Ina r-vine 26M Main Street, 8Wte 400. kvkm. CA 92CM 511512020 SHEET 1 OF 2 I -P.O.C. 1 N0173 57 E 1250' -T.P.O.B N0173'57"E' � II{— 2.22' 70' o a cl BUR S cl P Lk tr 1a��2W r 70' I SKETCH TO ACCOMPANY A LEGAL DESCRIPTION EXH HIT 96' 17AVCMN EASEA&WT A.P.N 01B4f50"09 ........_ 1"-40' ORAM 3Y 04V cn ED 9Y RHH °A" 7/W2 2D r<7e rro. R307513.19 R. \R307513.19\CARD\MAPPING\DWG\EX\30751319JEX12.DWG EXHIBIT "B-1" (TEMPORARY CONSTRUCTION EASEMENT PLAT MAP WARNER AVENUE N8879'43"W N8879'43»W - ` —'— - -- - — - CASEMENT FOR STREET PURPOSES I PER BOOK 2339, PAGE 255, O. R. M EASEMENT FOR STREET PURPOSES O _ — -trIl PER BOOK 7890, PAGE 714. O.R. v I —_ ---- — —. -- — o -----� —P.O.C. C d=0271 01 RmP6, 085.00' —" N017357 E -' =237.92' N84579?,6.37' '43"W IN _ 7250' '�- N8839'35"W 321.84' 1..P.0.a. BSOj SQ.Fj NO173'57"E r� 2.22' 70 Q i wq � a ACTT MES MCFADDEN ONpI LAND 4yy�\O W 70 N0. 8912 * of REVISED: 511512020 I_l• a , ... APPROVED BY 511512020 SKETCH TO ACCOMPANY A LEGAL DESCRIPTION ^ a EXMWT IS' c"cc"e TEMPORARY DAIe CONSTRUCTION EASEMENT A.P.N OfB-150-09 J0B N0 1 "=40' DWM r RHH 511412020 R307513.19 City Council Rf EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursernents shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30- day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per rnonth. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which iride pendently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. g,y Council 19 — 21 7/6/2021 110933392A O1%09 , -001) 6 EXHIBIT "D" (GRANT DEED) Ci' Council 19 - 22 7/6/2021 110933392A 110t,097--0011 6 When recorded, please mail this instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by THE 01 V OF SANTA ANA PER GO VFRNMFN'r CODE SECTION 6103 ABOVE THIS LINE. FOR RECORDER'SME CANCEL T'AX s X APPROV&D AS TO FORM BY ARY. APl i20V8b LY p1KKC'COR DEKRIPTION WRITTEN QY DESCIIIPTIDN CIMCKLD—OK AP.NUNMER 016-150.09 WIN MAP NUMBHR PROAKCC 10UMA6R 1224 R. WOtaw AwnnC, Santa An., CA 92705 DLLD NUM RR GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized underthe Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 1224 E. Warner Avenue, Santa Ana, CA 92705, described as follows. SEE EXHIBIT "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, This grant is made expressly subject to all items listed on attached Exhibit C. Dated : 6 llellz0z Grantor: SPS Technologies, LLC, a Pennsylvania limited liability company, Successor by merger to Cherry Aerospace LLC, a Delawarelimited liability company MEME - -C-* Name: b/a4v'ell ' o/tiglp Its:V+c4 I�PS1cJe�l (Jerlel�cltf1 V City Council 19 — 23 7/6/2021 11093MUA 0060972 00016 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity o''r the Individual who >'gned the docurnent to which this t erfiSlcate is attached, and not the tfuthfulnes> accuracy, o validity of that dora�melli. State of California County of --C P L( On ... �L�t before one personally appeared�� � who proved o me en t basis�hot Idli� acfory videncc /t ob t th h - be the pc. aon(s}whose narne{s) ae�subscribed to ihe within in>trument and acknowledged to me that ?/shelthay-executed ihe garde iii6 hflrlthe i- authorized capacity(ies), and that by r ^lher1their signature(a) on the in:-bument the person(gy; or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PRNALTY OF PERJURY under the laws of the State of California that fhe foregoing paragraph is huo and correct. DANIELA BORBE Notary Public - California WITNESS my hand and official seal. z a Orange County 2 Commission M 2227659 UE M Comm. Expires Jan 31, 2022! No aly Public S,gnaturn Notalnt bl c S-al DITIONAL OPTIONAL INFORMATIO DLSCRIPTION Of: THE ATTACHED DOCUMENT (Titie, Ur dorm[ 60n of aU,10 d [IOCumclit) (title or dt >c Itl on of s.I=ched Ape nneni coot nue6j of Pages Document CAPACITY CLAIMED BY THG SIGNER Ej Indlvld Llal (S) Corporate Officer —Trifle) ......-._. [,] parLner(s) ❑ Attorney -in -Fact .I rusfee(s) 1 Other....— N 2ol!)vl-l") l'A 'QQONfks_is_com so0-873-3G65 ^ �tcuft-lV'ml-ll9s- )24clltn thesignal docuttxnt with"'716/2021 R307513.19 05-14-20 REVISED 05-15-20 EXHIBIT "A" LEGAL DESCRIPTION RIGHT OF WAY FEE AQUISTION APN 016-150-09 That portion of the land allotted to James McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right of Way line as described in that certain Grant Deed recorded in Book 210, Page 33, of Deeds, in said office of the County Recorder, as shown on said Record of Survey and the Southerly line of the easement for street purposes described in that certain Deed, recorded April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as now established; thence along- said Westerly Right of Way line South 01°23'57" West 12.50 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line; thence leaving said 'Westerly line along said parallel line North 88`29'43" West 126.31 feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly 231.92 feet along said curvet through a central angle of 02' 11'01" to the beginning of a reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 5.38 feet along said curve through a central angle of 44°02'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said curve through a central angle of 44°39'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central angle of 00'19'00"; thence non - tangent North 88°23'57" West 81.60 feet to the Easterly line of Emmett's Addition of South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office of linM464tAt01�0'34" East 9.79 feet to said SouthlAy A t of Way line of Z 21 Avenue; thence along said Southerly Right of Way line the following two (2) courses: South 88°30'26" East 30.39 feet and South 88°29'43" East 555.20 feet to the Point of Rer.innino EXHIBIT A 1607513.19 LEGAL DESCRIPTION -CONTINUED 05-14-20 PAGE 2 OF 2 REVISED 05-15-20 Containing an area of 6,801 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record_ All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. DAVID W. MACKEY PLS'8912 �� NO. 8912 C At City Council 19 — 26 7/6/2021 110933392A 00h09T-0001t; EXHIBIT B EXHIBIT A R307513.19 LEGAL DLSCRIPTION-CONTINLJED 05-14-20 PAGE 2 OF 2 REVISED 05-15-20 Containing an area of 6,801 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a put hereof: _...... _ .._.... - . .......... DAV1D W. MACKEY, PLS 8912 City Council 19 — 27 7/6/2021 PAGE 2 OF 2 REVISED 05-15-20 Containing an area of 6,801 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. ....... � �.........� ......... fin( � �...... . DAVID W. MACKFY. Pi.S 891.2 1 PA 3. EXHIBIT C Permitted Exceptions Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Santa Ana Purpose' traffic signal purposes Recording Date: November 1, 1968 Recording No: in Book 8774, Page 527 of Official Records Affects: a portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document - Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recording Date: June 3, 1981 Recording No: in Book 14084, Page 1389 of Official Records Affects. a portion of said land Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document - Granted to: The City of Santa Ana Purpose: ingress and egress Recording Date: March 5, 1986 Recording No: as Instrument No. 86-088431 of Official Records Affects. a portion of said land Cit� Council 19 — 29 7/6/2021 110933392A 00[5097'-00016 1@3:1:Hl9re7cI1:111150y_T&03:12C LM@]= This is to certify that the interest in the real property conveyed by the Grant Deed dated from SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company ("GRANTOR") to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California ("GRANTEE"), is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-23b2 and Section No. 33-bb of the Santa Ana Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly authorized officer. Date For the City of Santa Ana. Kristine Ridge City Manager Cit,y C?until 19 — 30 7/6/2021 110933392A 110b119T 0011 b EXHIBIT "E" (TEMPORARY CONSTRUCTION EASEMENT DEED) Cit� Council 19 — 31 7/6/2021 11119N:139z4 008097' -00011i When recorded, please mail this instrument and tax statements to: Clerk of the Council Ci of Santa Ana 20 ,ivic Center Plaza, M 30 Santa Ana, California 92701 Free recording requested by THE CITY OF SANT'A ANA PER OOVERNMFNT CODE- SECTION 6103. ABOVF TMf, NF FOR RF,CORDFR'S USE CANCEL TAAT'S Y APPROVED AS TO fOR DYATTY APPROVED➢Y DIRECTOR DEW) TION WRIIT"ENBY DESCRYTION CF CKEOA)K A. P. NUMH}SIt 016-150.09 IVA,,MAP NUMBER PA01&CL NUMFIR 1224 L. Wa.w AVBm.e, SaWg Anx, CA 92705 npE,D NUMHER TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to CherryAerospace LLC, a Delaware limited liability company ("Grantor") Does Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized underthe Constitution and laws of the State of California (the "City"), A temporary construction easement on, over, and above that real property in the City of Santa Ana, County of Orange, State of California described in Exhibit 'A-1' and shown in Exhibit '13-1' (the "Temporary Easement Area"), which exhibits are attached hereto and by reference made a part hereof, to use the Temporary Easement area (i) as an ingress/egress for the purpose of constructing road improvements and (ii) for possible grading and landscaping pursuant to the City's restoration obligations herein. The temporary easement granted herein shall automatically expire and terminate (and be of no further force or effect without further action of the parties) at 11:59 p.m. on the date that is one hundred eighty (180) days after a 15 days written notice is given to Grantor by the City prior to commencement of work within TCE area, which shall be the start date of the TCE. Upon such termination, City shall, if requested in writing by Grantor, promptly execute and deliver to Grantor (for recording in the Records of Orange City Council 19 — 32 7/6/2021 110933392A 0060972-00016 County, California) a termination of this Temporary Construction Easement Agreement in form and content reasonably acceptable to Grantor to confirm such termination. City shall keep the Temporary Easement Area and Grantor's adjacent property free from any and all liens arising out of any work performed by City or its contractors or employees on the property adjacent to the Easement Area or otherwise. Upon completion of City's use of the Temporary Easement Area pursuant to this Temporary Construction Easement Agreement, the City shall, prior to expiration of the temporary easement granted herein and at City's expense, remove all debris and restore the Temporary Easement Area to a condition equivalent to or better than that which existed prior to such disturbance. City shall defend, indemnify and hold Grantor harmless for, from and against any and all claims, demands, losses, damages, expenses and liabilities, including personal injury and for any damage to or loss or destruction of property, suffered by Grantor, its tenants, employees and invitees, arising out of or resulting from use, maintenance, repair or restoration of the Temporary Easement Area by City, its officers, employees, agents or contractors; provided however, that Grantor shall not be entitled to such indemnification for damage caused to Grantor or any third party by reason of the sole negligence or misconduct of Grantor or damage caused by the concurrent negligence of Grantor to the extent of such concurrent negligence. City's obligations under this paragraph shall survive the expiration or other termination of this Temporary Construction Easement Agreement. The temporary easement granted hereby is subject to all prior easements and encumbrances of record. The temporary easement granted hereby shall be non-exclusive and Grantor reserves the right to grant other easement rights in and to the Temporary Easement Area; provided that such easement rights shall not unreasonably interfere with the easement rights granted herein. IN WITNESS WHEREOF, the grantor hereto has caused this Temporary Construction Easement Agreement to be executed as of this day of 2021. Dated : G 11111260 Name: boritlel Sib!�916 Its:,V PMSJO.10e/�fra�i'yi4 !` City Council 19 — 33 7/6/2021 110933392A 00609722-00016 County or.._ �V'(e4---u c— before mo, U J( .q�EJcx / L �i ... —'_ (Ifr ls��+� Irl do yl ihn personally appeared R pia) ` .� ��T R tk > 1.. -71 --._t who proved io me on thF basis of sa sfacto evidence to he thF� aerson(s)-whose name(s)(k,3a4- Subscribed to the within instrument and acknowledged to me that i�/shefth6y executed the same in (@i Pub@011eif authorized capacity(a®s), and that by iisjhadthetr signatures) -on the instrument 'die persons),, or thr' entity upon behalf of which the person(s) acted, executed the instrument- I certify under PENALTY OF PERJURY under the laws o'f'i,he State of California that the foregoing paragraph is true and correct. DANIELA BORBE 1A(ITNF-SS my hand arid official seal. Notary ng-tllornia a-m.b Oraangee Couunnty Commission M 2227659 y M Comm. Expires Jan 31. 2022 G.. W / . a Norary nubGc Sign-11twc* (Natsy I' blic Se.�q INSlWJ(,TTONSFOR COMII L'IIN<r ttIISFORM AnDITIC)N AL OPTIONAL INFORMATION }7»I�formco..j0est„Ih at .,urotlfm,vr sralrrtii�Ftt di »omr7�t r irt,rord. L)CSCRIPTION OF THE ATTACrILD DOCUMENT (Title or des .ptiOn of ainchod document) (Title or doscvllplian of sttache@ doalmant conhnuetl) of Pagos CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verl`rie% 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. _ States of California On tfneeded iht ddbe,amyl,h,dLot' oPrmllofm she docuIPot. ,I knm, f_d.;memm front ocher?Lit , Ioty he caul Irred fowhl t tfs h,I lnnl m thor ante so ion, Lis the Ira+-durd doe, not requi+E- [be Col fp mfm vmfnry to I of ae Cm[i7Drnio nofaty lme • Scare vld (o,tlty htf anletion must be if .Slacc tmd (Iounry I14;cto II I rlocummI)t -Igncr(s) InI_en.dly appIll, d Lcfor, Phe hasty TIihiic fir "Id,liom'I dkrtmtetE. a Dnte oflnotaizillioll m im be the date(110Ito, j1l1,1Icr(3) pcltanal ly spI)eered Iultich must alwb [h�„rne date thcaolmowlcd::ntenc is compld[e-tL a -111c notmy pul>Iic nun[ print his or ller name Lis it appear_ within Ills or her uvnmis,iau follovrccl by a tonrmat and then Yonr title (nc Igly public), e YrmC Cite Ila;il�Y) of dounilenl `➢ooct(1) Ixho pt,u0I illy �IpQt'sv at the fine of nOftllV.ab011. CAPACITY CLIIMFO BY r HL SIGNER fndlc„tll tht «vcct in,al a oI plinal corn, by <masnl ou urar act lone, it hcl hod@u;yill A rz) (n cue I ;r III colic I form. LIihI t m cOrrcctly uldre.Ifn flli_= ❑ 111dIVidt-181(S) mfol n;ginnmryfcad lot It Uat pfdocu tt ml�cu!digzs. ❑ Corporate Officer 111e npraly ,III mIple38ion n1lyt III, <hur =.Lid 1)7101l Iuphsally nl llI .01110. Inl])rc sion lnu_t not coycl ¢.xt or lines If -A inlprc it ll >n:ud,•es, t.-l"ll if a -- plhenvpc conlflf t d l rft l 'itnclnowledgn Im't fan , TIte) � ,Ifllc i2nt iulp nmla. I I� Pdrfll2l (S) SIV I nitre or JIL, notary pnhhc Ill mach ILII on rile with the offwo of Iha County Merl, ❑ AftOinP.y-IIl-1-aC4 A(Id IIianal infon action is not Ied but could help to ul,llC rids 1.1 1fLIStBet$) 9cl<) nl+Icdtnl Cr it is n4III111CCd 11 LLI_clled 10 a If o ferent clocullenL Other1110gcatc udc or p pc If oI taPhGu l doun nunh 1It, ,t nlp(Lito Lind d.c L1 .. -_ III h<rIc the cupauty craunad by Ire ,ign,,1 If the d.InIIM lIlnnry is a _ - ._.m_ _,._e.e -, . cn r r 2015Vers`i(T'�hhdM/Nhi�ry��ll�es-coot 40C 873-�$fi5 S:curely altwl gi14134rnt11) the siercd doeulncnt will-�1ffi/2021 EXHIBIT "A-1" III�II �aVl :aA )l " 1nnt r .400 f'R'<LIA ., d18 A I A1 V gR'I1 R307513.19 05-14-20 REVISED 05-15-20 EXHIBIT"A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 016-150-09 That portion of the land allotted to Jarnes McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, more particularly shown on the Record of Survey filed in Book 25, Page 3, of Records of Survey, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the Westerly Southern Pacific Railroad Company Right of Way line as described in that certain Grain. Deed iccurdcd in. Buuk 210, Page 33, of Deeds, in said office of the County Recorder, as shown on said Record of Survey and the Southerly line of the easement for street purposes described in that certain Deed, recorded April 5, 1966, in Book 7890, Page 714, of Official Records, in said office of the County Recorder, being the Southerly Right of Way line of Warner Avenue, 40.00 feet wide as now established; thence along said Westerly Right of Way line South 01°23'57" West 12.50 feet to a line parallel with and 12.50 feet Southerly of said Southerly easement line, also being the TRUE POINT" OF BEGINNING; thence leaving said Westerly line along said parallel line North 88°29'43" West 126.31 feet to the beginning of a curve concave Northerly, having a radius of 6,085.00 feet; thence leaving said parallel line Westerly 231.92 feet along said curvet through a central angle of 02'11'01" to the beginning of a reverse curve having a radius of 7.00 feet; thence Westerly and Southwesterly 5.38 feet along said curve through a central angle of 44°02'03" to the beginning of a reverse curve having a radius of 23.00 feet; thence Southwesterly and Westerly 17.93 feet along said curve through a central angle of 44°39'33" to the beginning of a reverse curve having a radius of 22,526.00 feet; thence Westerly 124.53 feet along said curve through a central angle of 00'19'00"; thence non -tangent North 88°23'57" West 81.60 feet to the Easterly line of Emmett's Addition of South Santa Ana, per map filed in Book 8, Page 13, of Miscellaneous Maps, in said office of the County Recorder, as shown on said Record of Survey; thence along said Easterly line South 01'20'34" West 21.49 feet; thence leaving said Easterly line South 88°23'57" East 47.95 feet; thence South 02°25'13" West 9.96 feet; thence South 88029'43" East 216.10 feet; thence North 01°30'17" East 25.69 feet; thencCi�pigh jft�iB9'35" East 321.64 feet to said Wgger153gouthern Pacific Railrodd/2021 EXHIBIT "A-1" EXXHIBIT A R307513.19 LEGAL DESCRIPTION -CONTINUED 05-14-20 PAGE 2 OF 2 REVISED 05-15-20 Company Right of Way line; thence along said Westerly line North 01 °23'57" East 2.22 feet to the TRUE POINT OF BEGINNING. Containing an area of 8,503 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. DAVID W. MACKEY, PLS 8912 MgcsG\ O q { { c O NO. 8912 x x TgjF �F rAl\F0 City Council 19 — 36 71612021 11093339T -92A 006000016 EXHIBIT "B-1" ,y WARNER �l- N8B79 ti N887.9'43"W EASEMENT FOR STREET PURPOSES PER BOOK 2339, PAGE 255, O.R. �fEASEMENT FOR STREET PURPOSES _ PER BOOK 78g0, PAGE 714, O.R. d=027101 R 6, OB5.00" '" L=231.92' +-`r-r- N8874"43"'W 126.31'ti N883.9"35"W 321.64' 8.503 SQ.FT. '26/0 JAMES hWoFADDEh\d SANTTMOO do SA/nvlTA AGIJA A NO. 8912 or CAL REVISED: 5/15/2020 Hu11T-ZOLLARS matt-zolam ha. Irvhe 26M Main Street Suite 400. Irvine, CA 926K VENUE SHEET I OF 2 c -P.O.C. NO123"57 E -T.P.0.8, 1Tp. i N0123'57"E 2.22' i 70' y W LQ U�qo r TO" SKETCH TO ACCOMPANY 1"=40' A LEGAL DESCRIPTION DRAWN BY plypl EXtWIT 'S' C ECKED BY RHH AP°ROWD CONMOCWN EASEMENT Z/ ;Z7/� 511512020 A.PW 016-00-08 .me No R307513.79 R: \R3O7513.19\CARD\MAPPING\9WG\EX\30751319JEX12D WG EXHIBIT "B-1" a N _ WARNER AVENUE N8829 "43"w N8829'43'W - - -` T -- - --- - --- EASEMENT FOR STREET PURPOSES p PER BOOK 2339, PAGE 255 O.R. EASEMENT FOR 57REET PURPOSES a PER 900K 7890, PAGE 7f4, O.R. -------------- — o ----- { -P.O.C. 1027701" R=6, 08500" N8B79'43"W 126.31"N 12.50" NBB 3935 "W 321.64' T P O J3 NOf 73'57 E $ 503 SOFT. I 2 22' / 2 70' goo W z �Q I( a Q, Q I �17177 dAhWES AWoFrA- ODDffN/�gy4 �y I � Q QLSLSOU hN UVU QUV tlU7w LVaUllC00 �4Oa SAN-Fm CEO do SANT A AMA W Cc) 9NpL LAIyO 4 4 Q o N0. 8912 A f 70' REWSED: 511512020 HUITT ~ZOLIARS HWtt-Zolara. Inc- Irvine 26M Main Street, State 400. Irvine, CA 926U Phone (949) 988-8815 Fax (940) 9B8-B820 APPROVED BY SKETCH TO ACCOMPANY 1"-40' A LEGAL DESCRIP77ON DRAMAV BY DW ExhwT at CHECKED BY RHH TEMPORARY CONSTRUCTION EASEMENT DAH 511412020 A.PA 016-150-09 � N0 . 7s R. CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by the Temporary Construction Easement Agreement Deed dated from SPS Technologies, LLC, a Pennsylvania limited liability company, successor by merger to Cherry Aerospace LLC, a Delaware limited liability company ("GRANTOR") to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California ("GRANTEE"), is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City of Council on June 01, 1998, in compliance with California Government Code Section 27281, and the GRANTEE consents to recordation thereof by its duly authorized officer. Date For the City of Santa Ana: Kristine Ridge City Manager City Council 19 — 39 7/6/2021 11093:f892A 008097-0001t, Public Works Agency https://www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Amend Agreement for On -Call General Engineering Services AGENDA TITLE Approve Amendments to Agreements with Kimley-Horn & Associates, Inc., Huitt-Zollars, Inc., CSG Consultants. Inc., Anderson Penna Partners, Inc., NV5, Inc., Tait & Associates. Inc., Mark Thomas & Company, Inc., Willdan Engineering, and Stantec Consulting Services, Inc. to Increase the Shared Agreement Amount by $3,000,000, for a Two -Year Terre, for a Total Amount not to Exceed $5,000,000 RECOMMENDED ACTION Authorize the City Manager to execute amendments to agreements for on -call general engineering services with Kimley-Horn & Associates, Inc., Huitt-Zollars, Inc., CSG Consultants, Inc., Anderson Penna Partners, Inc., NV5, Inc., Tait & Associates, Inc., Mark Thomas & Company, Inc., Willdan Engineering, and Stantec Consulting Services, Inc., to increase the shared agreement amount by $3,000,000, for a total agreement amount not to exceed $5,000,000, and extend the term of the agreements two years to June 18, 2023, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION On September 29, 2017, the City issued a Request for Qualifications (RFQ) for on -call engineering consulting services related to design, construction, management, and operations of public works infrastructure and City facilities which include street improvements, transportation/traffic engineering, architectural, structural, geotechnical, environmental engineering, land surveying, and specialty engineering studies that pertain to public works. A five -member panel composed of Public Works Agency staff reviewed and ranked the 19 qualification packages that were received, and created a list of qualified consulting firms. The top consulting firms were invited to submit proposals through a Request for Proposals (RFP 17-083) issued on February 22, 2018. As a result of RFP 17-083, a total of ten proposals were received. The proposal rankings were based on a combination of experience, qualifications, project understanding, and the overall proposal package. City Council 20-1 7/6/2021 Amend Agreements for On -Call General Engineering Services July 6, 2021 Page 2 On June 19, 2018, the City Council authorized the City Manager to execute agreements with Kimley-Horn & Associates, Inc., Huitt-Zollars, Inc., CSG Consultants, Inc., Anderson Perna Partners, Inc., NV5, Inc., Tait & Associates, Inc., Mark Thomas & Company, Inc., Willdan Engineering, and Stantec Consulting Services, Inc. to provide on -call engineering services. Due to the volume of work throughout the City, the amount originally allocated for these agreements was depleted sooner than expected. The proposed amendments accomplishes the following: (1) increases the shared maximum expenditure for all the firms by $3 million, for a total not -to -exceed amount of $5 million, and (2) extends the term of the agreements with each firm for an additional two-year period, through June June 18, 2023. Approval of the amendments allows City staff to continue to utilize the services provided by the firms. These services augment City staff efforts in order to ensure the timely delivery of the Capital Improvement Program. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of the agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in approved Capital Improvement Program (CIP) budgets and will be budgeted in future CIPs. EXHIRIT(S) 1. First Amendment to Agreement with Kimley-Horn 2. First Amendment to Agreement with Huitt-Zollars 3. First Arnendrnent to Agreement with CSG 4. First Amendment to Agreement with Anderson Penna 5. First Amendment to Agreement with NV5 6. First Amendment to Agreement with TAIT 7. First Amendment to Agreement with Mark Thomas 8. First Amendment to Agreement with Willdan 9. First Amendment to Agreement with Stantec Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 2 7/6/2021 FIRST AMENDMENT TO ON-CA-LL GENERAL ENGINEERING: SERVICES AGREEMENT WITH 10MTTV TTORN ANTI ASSOCIATES, INC. THIS I� IRST AMI;NDMI:N'I-'I'O AGRIiI:MI:N'I' is entered into this 15°t day ofJttne 2021, by and between Kimley-Horn and Associates, Inc. (`Consultant"), and the City of Santa Ana, a chatter city and mtmicipal corporation duly organized and existing tattler the Constitution and laws of the State of'California ("City')_ RECITALS A. On .tune 19, 2018, the City entered into Agreement No. A-"018-1 59-01 ("Ageemem ) with Kirnlev-Horn and Associates, Inc. to provide on -call general engineering services, and related matters, for a three year term until June 18, 2021, with the olmou for the parties to extend the tctni of the agreement for one (1) two (2) year extension. the Agreement is current and in effect. R The Consultant was one of nine (9) consuhants selected to provide services tin- general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined not -to -exceed amount for compensation detailed in Section 2.a. of the Agreement. C. The parties now wish to cxcrvise 0tc option to cxteul the Agru merit lox it term of Iwo (2) years, as provided) tinder the terms of the Agreement, and to increase the maximum shared aggregale expendilure under the Agreement to pay for services provided during the exlension to the teen of the Agreement by 53,000,000 for a total, not to exceed, 55,000,000_ THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither watrantS not, guarantees any minimum or maxinnrun compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement as the rates and charges identified in Exhibit B. CUII4:Idtant is one ofnine (9) consultants selected to provide services tort general engineering projects on an as -needed basis under RIP No. 17-083. The total annpensanon for these services provided by all such consultants selected under RFP 17- 083 shall not exceed S 5,000,000 during the tern of the AgrcennemL 2. Section 3, TERM. The parties agree to extend the term of the Agreement for au additional two (2) year period from June] 9, 2021 through Tune 18, 2tl"23. No other changes are contemplated to this section - Except as heeinabove modified, the terms and conditions of said Agreement remain unchanged and in fitll force and effect. City Council 20 — 3 7/6/2021 Page 1 of IN WITNESS WI IEREOP, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: DATSY GOMEZ Clerk orthe Council APPROVED AS'10FORM: Sonia It. Catvalho, City Attorney Brandon Salvatierra Deputy ('iry Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Lxecutive Director Public Works Agency CITY OF SANTA ANA KRTSTINE RTDCE City Manaacr Kinfley-Horn b: Associates, hie__ Digitally signed 1 Darren ArIl117lu ar Pr_(CA VF Ago 91031) Dam. eazl ��K.nt t i:.:zn: t n-�p.���� r By: fitly. City Council 20 — 4 716/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGREEMENT WITH IIUITT-%OLLARS, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day OfJutle. 202L by and between IlU1TT ZOLLARS, Inc. ("Consultant"), and the City of Santa Arta, a charter city and municipal corporation duly organi70d and existing under the Constitution and laws of the State of Cali forni a ("City"'). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-02 ("Agreement") with ITTJTTT-ZOLLARS, Tile. to provide on -call general engineering services, and related matters, for a throe year tanr ttn[il Jttne 18, 2021, with the. option for the parties to cxtcnd the term of the agreement for one (1) two (2) year extension. The Agreement is cun'ern and in effect. 13. fhe Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined not-to-cxeced amount for compensation detailed in Section 2.a. of the Agree neat. C- The parries now wish to exercise the option to extend the Agreement fora term of two (2) years, as provided under the terrns of tlrc. Agrccntc:nu, and to increase the utaxiuuurr sharcd aggregate expenditure under the Agueement to pay for services provided during the extension to the term of the Agreement by S3,000,000 for a total, not to exceed, S5,000,000. THE PAR FIES THEREFORE AGREE: t . Section 2, COMPENSATION, shall be amaided as follows - City neither warrants not guarantees any minimum or maximum compensation to Consultant tinder this Agreement. Consultant steal I be paid only for actual services performed under this Agreemenl as the races and charges identified in Exhibit B. Consultant is one ol'nine (9) unsultants selected to provide services for general engineering projects on an as -needed basis under RFP No- 17-083. Thc octal compensation for these services provided by all such consultants selected under RFP 17- 083 shall not exceed S 5,000,000 during the term of the Agreement. 2- Section 3, TERM. The parties agree to cxtcnd the tcmr of the Agreement for an additional two (2) year period Rout Juncl9, 2021 through Junc 18, 2023. No other changes arc contemplated to this section. Except as heremabove modified, the lemrs and conditions of said Agreement remain unchanged and in fill] torecc and cffect- IN WITNESS WHEREOF, the panties hereto have executed this First Amendment to the Agreement City Council 20 — 5 7/6/2021 Page 1 of IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written - ATTEST: 13ATSY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R- Carvalho, City Attorney Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager Huitt-Zollars, Inc.: City Council 20 - 6 7/6/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGREEMENT WITTI CSG CONSULTANTS, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15ie day of June 2021, by and between CSG CONSULTANTS, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-03 ("Agreement') with CSG CONSULTANTS, Inc_ to provide on -call general engineering services, and related matters, for a three year tern until June 18, 2021, with the option for the parties to extend tire term of the agreement for one (1) two (2) year extension. The Agreement is current and in effect. B. The Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis_ The nine (9) selected consultants were subject to the combined not -to -exceed amount for compensation detailed in Section 2.a. of the Agreement. C. The parties now wish to exercise the option to extend the Agreement for a tern of two (2) years, as provided under the terms of the Agreement, and to increase the maximum shared aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $3,000,000 for a total, not to exceed, $5,000,000. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement as the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected to provide services for general engineering projects on an as -needed basis under RFP No_ 17-083. The total compensation for these set -vices provided by all such consultants selected under RFP 17- 083 shall not exceed $ 5,000,000 during the term of the Agreement. 2_ Section 3, TERM. The parties agree to extend the term of the Agreement for an additional two (2) year period from June19, 2021 through June 18, 2023. No other changes are contemplated to this section. Fxcept as hercinabove modified, the tenns and conditions of said Agreement retrain unchanged and in hall force and effect_ City Council 20 — 7 Pft420212 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: DAISY GOMEZ Cleric of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: NABIL S,ABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CSG Consultants, Inc.: Xq[ - , By: Cyrus �ic.n�w� Title_ ?fie I n-r City Council 20 — 8 ��Q2tt2 b FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGRF'F;MF,NT WITH ANIIFRSONPF;NNA PARTNERS, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day OfJurre. 202L by and between AndersonPenna Parrners, Iuc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation duly orga11i70d and existing under the Constitution and laws of the State of Cali forni a ("City"'). RECITALS A. On June 19, 2018, the Cily entered into Agreement No. A-2018-159-04 ("Agreement") wish AndersonPenna Pamers, Tnc. to provide on -call general engineering services, and related nlatters, fora three year torn until Junc 18, 2021, with the option for the panics to extend the term of the agreemem for one (1) two (2) year extension. The Agcerncrn is current and in effect. R. The Consultant was one ol'nine (9) consuhants selected to provide services for general engineering projects on as -nettled basis. The nine (9) sCICCtcd Conatltaras wcrc subject to the combined mot -to -exceed amount fur compensation detailed in Section 2.a. of the Agreement. C_ The parties now wish to exercise the option to extend the Agrument lirr a term of two (2) years, as provided under the terns of the Agreement, and to increase the ntaxinnrnr shards aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $1,000,000 for a total, not to exceed, $5,000,110o. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither warrants nor guarantees soy nnininntnn or maximum Compensation to Consullant under this Agreenent. Consultant shall he paid only for aclual services performed tinder this Agreement as the rases and charges iderin lied in Exhibit B. Consultant is one of nine (9) consultants selected to provide services for general engineering projects on an as -needed basis under RFP No. 17-083. The total compensation for these services provided by all such consultants selected under RFP 17- 081 shall not exceed S 5,000,000 during the term of the Agreement_ 2. Section 3, TERM. The parties agree to extend the teen of flit Agrccrncnt for an additional two (2) year period from June19, 21121 through June 18, 2023. No other changes are contemplated to this section. Execpt as hcrcinabovcrnoditicd, the [toms and conditions of said Agrccrncnt renain unchanged and in full lorec and effect. City Council 20 — 9 7/6/2021 Page 1 of IN WITNESS WI IEREOP, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: DATSY GOMEZ Clerk arthe Conned APPROVED AS'10FORM: Sonia It. Catvalho, City Attorney Brandon Salvatierra Deputy ('iry Attorney CITY OF SANTA ANA KRTSTINE RTDCE City Manaacr RECOMMENDED FOR APPROVAL: Andcrson-Perna Partners, Inc__ NABIL SABA Lxecutive Director Public Works Agency BY: Lisa M. Penna, P.E. fitly. Vice President City Council 20 — 10 716/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGb F,F.MF.NI' WITII NV5, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day OfJurle. 202L by and between NV5, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation duly 01-gani7cd and existing raider the Constitution and laws of the state of California ("City„). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-05 ("Agreement") wilh NV5, Inc- to provide on -call general engineering services, and related matters, for a three year tcnn until Jttnc IS, 2021, with the option tilt thee panic; to extend the term of the acxeetncnl for one (1) two (2) year extension. The Agreerent is current and in effect. 13. fhe Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined nut -lc> -exceed amount for compensation detailed in Section 2.a. of the Agreanent. C- The parties now wish to exercise the option to extend the Agreement fora term of two (2) years, as provided under the terms of tlrc. Agreement, and to increase the uraxiuuurr sharcd aggregate expenditure under the Agueement to pay for services provided during the extension to the term of the Agreement by S3,000,000 for a total, not to exceed, S5,000,000. THE PAR FIES THEREFORE AGREE: L Section 2, COMPENSATION, shall be amended as follows - City neither warrants not guarantees any minimum or maximum compensation to Consultant under this Agreement Consultant steal I be paid only for actual services performed under this Agreement as the races and charges identilied in Exhibit B. Consultant is One ol'nine (9) ensultants selected to provide services for general engineering projects on an as -needed basis ttndcr RFP No- 17-083. Tltc total compensation for these services provided by all such consultants selected under RFP 17- 083 shall not exceed S 5,000,000 daring the term of the Agreement. 2- Section 3, TERM. The parties agree to extend the tcmr of the Agreement for an additional two (2) year period li-out Juncl9, 2021 through June 18, 2023. NO other changes arc contewplated to this section. Except as hereinxbove modified, the terns and conditions of said Agreement remain unchanged and in fill] torecc and cttect- IN WITNESS WHEREOF, the panties hereto have exearted this First Amendment to the Agreement City Council 20 — 11 7/6/2021 Page 1 of TN WTTNF.SS WHERFoF, the parties hereto have exu sited this First Amendment to the Agreement the date and year first above written_ AT I I ST- DA1SY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalbo, City Auortrey Brandon Salvaticrra Deputy City Attorney RECOMMENDED FOR APPMt )VAL: NABIL SA BA E\eCtltiv'e Director Public Works Agency CITY 01' SAN I'A ANA KRISTINE RIDGLi City Manager NVS, Inc.: By effiey M. Cooper Title- Vice President City Council 20 — 12 716/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGRFFNiF,NT W I'I 11 TAIT & ASSOCIATFS, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day OfJuile. 202L by and between Tait & Associates, hic. ("Consultant"), and the City- of Santa Ana, a charter city and municipal corporation duly organi70d and existing under the Constitution and laws of the State of Cali forni a ("City"'). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-00 ("Agreement") with Tait & Associates, Tile- to provide on -call general engineering services, and related matter, for a three year rant until Jttne 18, 2021, with the option tot the panics to cxtcnd the term of the agreement for one (1) two (2) year extension. The. Agreement is current and in effect. 13. fhe Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined nut-to-cxeced amount for competsation detailed in Section 2.a. of the Agreement. C- The parties now wish to exercise the option to extend the Agreement fora term of two (2) years, as provided under the terrns of tlrc. Agrcenn:nu, and to increase the uraxiuuurr sharcd aggregate expenditure under the. Agueement to pay for services provided during the extension to the term of the Agreement by S3,000,000 for a total, not to exceed, S5,000,000. THE PAR FIES THEREFORE AGREE: l . Section 2, COMPENSATION, shall be amaided as follows - City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant steal I be paid only for actual services performed under this Agreemenl as the races and charges identified in Exhibit B. Consonant is one ol'nine (9) consultants selected to provide services for general engineering projects on an as -needed basis tlndcr RFP No- 17-083. Thc octal compensation for these services provided by all such consultants selected under RFP 17- 083 shall not exceed S 5,000,000 during the term of the Agreement. 2- Section 3, TERM. The parties agree to cxtcnd the tcmr of the Agrecnrcit for an additional two (2) year period Rout Juncl9, 2021 through Junc 18, 2023. No other changes arc coat inplated to this section. Except as heremabove modified, the lemrs and conditions of said Agreement remain unchanged and in fill] torecc and cffect- IN WITNESS WHEREOF, the panties liereto have exearted this First Amendment to the Agreement City Council 20 — 13 7/6/2021 Page 1 of IN WITNESS WHF.RF.OF, theparties hereto have executed this First Amendment to the Agreement the date and year I irst above written. Al l F.S'I': DAM GOMEZ Cleok of the Council APPROVED AS TO FORM: Sonia R. Carvalho, Ciry Attorney Brandon Salvatierter Deputy City Attorney RECOMMENDED FOR APPROVAL_ NABIL SABA Executive Dirceror Public Works A�gcney CI IN OF SAN I A ANA KRIST1NE RLDGE City Manager TATT & ASSOCTATF.S, INC.: By: -)hv_t —OAN Titic_ V C YhL JL;N'1' City Council 20 — 14 7/6/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGRb'6Mb;NT WI'I'II MARK T11OMAS & COMPANY, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day Of June 2021, by and between Mark Thomas & Company, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State o f California ("City"). ty"). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-07 ("Agreemenl") with Mark Thomas & Company, Tile- to provide on -cal I general engineering services, and related matters, fora throe year term until.tine IS, 2021, with the option for the parties to extend the term of the agreement for one (1) two (2) year extension. The Agreement is cutout and in effect. R. The Consultant was one of nine (9) consuhants selected to provide services for general engineering, projects on as -needed basis. The nine (9) scicctcd comi.t to tta were subject to du combined not -to -exceed amount for compensation detailed in Section 2.a. of the Agreement. C_ The parties now wish to exa-cise. the option to extend the Agreement (br a term ol'two (2) years, as provided under tote tc:rnis of the Agreement, and to increase the tnaxitnum shared aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $1,000,000 for a total, not to exceed, $S,(I0f)'0oo. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follow;: City neither warrants new guarantees arry minimum or maximum compensation to Consultant under this Agreemenl. Consultant steal I he paid only Ibr aclu;tl services performed under this Agreement as the rates and charges identified in Exhibit S_ Consultant is one of nine (9) eonsultartts selected to provide services for general engineering projects on an as -needed basis under RFP No. 17-083. The total compensation for these services provided by all such consultants selected under RFP 17- 083 shall not exceed S 5,000,000 dining the tenor of the Agrecamatt. 2. Section 3, TERM. The parties agree to extend the teen of the Agreement for an additional two (2) year period trom June]9, 2021 through June 18, 2023. No other Changes are contemplated to this Section. Except as hcrcinabovcc modified, the tans and conditions of said Agrcctncnt remain unchanged and in lull force. and effect. City Council 20 — 15 7/6/2021 Page 1 of IN WITNESS WHEREOF, HEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: DATSY COMEZ Clerk of the Council APPROVED AS'1 OFORM: Sonia It. Carvalho, City Attorney Brandon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Lxecutive Director Public Works Agency CITY OF SANTA ANA KRTSTTNE RMCE City Mai ane Mark Thomas & Company, Inc_: B�: RobLri Hiincs Titter President City Council 20 — 16 716/2021 Page 2 of 2 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGREEMENT WITH WILLDAN ENGINEERING THIS FIRST AMENDMENT TO AGREEMENT is entered into this 156' day of June 2021, by and between Willdan Engineering ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing tinder the Constitution and laws of the State of California ("City"). RECITALS A. On June 19, 2018, the City entered into Agreement No. A-2018-159-08 ("Agreement") with Willdan Engineering to provide on -call general engineering services, and related matters, for a three year term until June 18, 2021, with the option for the parties to extend the term of the agreement for one (1) two (2) year extension. The Agreement is current and in effect. B. The Consultant was one of nine (9) consultants selected to provide services for general engineering projects on as -needed basis. The nine (9) selected consultants were subject to the combined not -to -exceed amount for compensation detailed in Section 2.a. of the Agreement. C. The parties now wish to exercise the option to extend the Agreement for a tern of two (2) years, as provided tinder the terms of the Agreement, and to increase the maximum shared aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $3,000,000 for a total, not to exceed, $5,000,000. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither warrants nor guarantees any minimum or maximum cornpensalion to Consultant under this Agreement. Consultant shall be paid only f'or actual services performed under this Agreement as the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected to provide services for general engineering projects on an as -needed basis under RPP No. 17-083. The total compensation for these services provided by all such consultants selected under RPP 17- 083 shall not exceed $ 5,000,000 during the term of the Agreement. 2. Section 3, TERM. The parties agree to extend the term of the Agreement for an additional two (2) year period from Junc19, 2021 through June 18, 2023. No other changes are contemplated to this section. Except as hereinabove modified, the terms and conditions of said Agreement remain Unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement City Council 20 — 17 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written_ ATTEST: DAISY (TOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Brandon Salvatietra Deputy City Attorney RE:('OMMFNI)I,;I) FOR APPROVAL.: NABIL SABA Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE. RIDGI City Manager Willdan Engineering: Title:✓oCx P k�-�� 1<�Ea�•,�, City Council 20 — 18 FIRST AMENDMENT TO ON -CALL GENERAL ENGINEERING SERVICES AGRL;FMIb'N'I' WI'1'11 STANh1''C CONSULTING SF.RIVIChS, INC. THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15`t' day OfJurle. 202L by and between Smntec Consulting Services, hic. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State ofcalifornia (`-,City"). RECITALS A. On June 19, 2018, the Cily entered into Agreement No. A-2018-159-09 ("Agreement") wilh Stantec Consulting Services, Tnc_ to provide on -call general engineering services, and related matters, fora three year torn until Junc 18, 2021, with the option for the panics to extend the term of the agreement for one (1) two (2) year extension. The Agcerncrn is current and in effect. R. The Consultant was one ol'mue (9) consuhants selected to provide services I'or general engineering projccls on as-nccdcd basis. The nine (9) sctcctcd cunsultarat wcrc subject to the combined mot -to -exceed amount tut compensation detailed in Section 2.a. of the Agreement. C_ The parties now wish to exercise the option to extend the Agrument lirr a term of two (2) years, as provided under the terns of the Agreement, and to increase the ntaxinnrm shared aggregate expenditure under the Agreement to pay for services provided during the extension to the term of the Agreement by $1,000,000 for a total, not to exceed, �5,11U(1,11(f0. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended as follows: City neither warrants nor guarantees sny minimum or maximum Compensation to Consultant under this Agreement. Consultant shall he paid only for aclual services perlimned tinder this Agreement as the rates and charges identified in Exhibit B. Consultant is one of nine (9) consultants selected to provide services for general engineering projects on an as -needed basis under RFP No. 17-083. The total compensation for these services provided by all such consultants selected under RFP 17- 081 shall not exceed S 5,000,000 during the term of the Agreement_ 2. Section 3, TERM. The parties agree to extend the ten-rn of the Agreement for an additional two (2) year period from June19, 21121 through June 18, 2023. No other changes are contemplated to this section. Execpt as hcrcinabovcrnoditicd, the terms and conditions of said Agiccmcm remain unchanged and in full force and effect. City Council 20 — 19 7/6/2021 Page 1 of IN WITNESS WI IEREOP, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: DATSY GOMEZ Clerk arthc Conned APPROVED AS'10FORM: Sonia It. Catvalho, City Attorney Brandon Salvatierra Deputy ('iry Attorney RECOMMENDED FOR APPROVAL: NABIL SABA Lxccutive Director Public Works Agency CITY OF SANTA ANA KRTSTINE RTDCE City Manaacr StamCC Consttltiug Services, hie__ �5iia�ee<y Lli¢ss�rt¢�,at. By: Sherry Weiruneier I'itle: principal City Council 20 — 20 716/2021 Page 2 of 2 Public Works Agency https://www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: On -Call Material Testing and Special Inspection Services AGENDA TITLE Approve Agreements with AESCO Inc., Kleinfelder Inc., and RMA Group for On -Call Material Testing and Special Inspection Services in an Amount not to Exceed $1,000,000 for a Three-year Term (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with AESCO Inc., Kleinfelder Inc., and RMA Croup to provide as -needed material testing and special inspection services in a shared aggregate amount not to exceed $1,000,000 for a three-year term beginning July 6, 2021 and expiring July 5, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Under the City of Santa Ana's Capital Improvement Program, a number of construction projects will take place in the next few years. These projects include street pavement, traffic signal installation, and underground utility, building, bridge and park facility improvements. The total value of construction is estimated to exceed $100 million. Approval of this item will allow the City to retain testing and inspection firms to provide quality assurance services for these construction projects. The selected entities are expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. On September 2, 2020, the Public Works Agency released Request for Proposals No. 20-111 (RFP) on the City's online procurement portal. Seventeen vendors submitted proposals, which were evaluated by a rating panel and ranked based on the criteria included in the RFP. The following firms submitted responsive proposals and, as such, staff recommends awarding agreements to them for as -needed material testing and special inspection services. City Council 21 — 1 7/6/2021 Approve Agreement with AESCO, Kleinfelder, and RMA Group July 6, 2021 Page 2 Firm city Rank AESCO Huntington Beach 1 Kleinfelder Laguna Hills 2 RMA Group Carson 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing the on -call services, Public Works Agency staff must receive Finance and Management Services Agency approval of funding and accounts to be used to ensure funds are available under the authorization and shared aggregate limit of 51,000,000. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued. Funds will be budgeted and available for expenditure for the agreement term in the following Public Works Contract Services -Professional Accounts - Division Account City Facilities License Agreement 01117605-62300 Traffic and Transportation Engineering 01117620-62300 Traffic Signal Maintenance 02917620-62300 Sanitary Sewer Enterprise 05417617-62300 Sanitary Sewer Enterprise 05517660-62300 Sanitary Sewer Enterprise 05617640-62300 Fed Clean Water Protection 05717640-62300 Residential Street Improvement 05817660-62300 Water Enterprise 06017645-62300 Water Enterprise 06617647-62300 Construction Engineering 08617611-62300 Design Engineering 08617612-62300 Traffic Engineering 08617620-62300 Administrative Services 10117601-62300 DBVBl0 ment Engineering 1011760.5-62300 CIP Project Funding Various Street Lights Maintenance 01117630-62300 Roadway Marking/Signs 01117625-62300 Graffiti Abatement Program 01117642-62300 Street Trees 01117643-62300 Sidewalks 01117626-62300 Environment/Sanitation 06817640-62300 City Council 21 — 2 7/6/2021 Approve Agreement with AESCO, Kleinfelder, and RMA Group July 6, 2021 Page 3 Division Account Roadway Cleaning 06817641-62300 Median Landscaping 02917635-62300 Roadway Maintenance 02917660-62300 1. AESCO Agreement 2. Kleinfelder Agreement 3. RMA Group Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 — 3 7/6/2021 AGREEMENT TO PROVIDE ON -CALL MATERIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGRliliMliN I' is made and entered into this 6th day of July, 7021 by and between AESCO, Inc. (" Consultant"), and the Cily ol'Sania Ana, a charter city and municipal corporation organized and existing under the Constinuion and laws of the State of CaIilonia ("City'*) - RECITALS A- On September 2, 2020, the City issued Request for Proposal No. 20-1 11, by which it sought qualified dx711sultants to provide on -call material testing and special inspection services for the City'; Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that if is able and willing to provide the services described in the scope of work that was included in RFP No- 20-111. 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 Agrccinent will be performed in conrplianec with such standards as may reasonably be expected from a professional contracting firm in the field - NOW TIIFRE;E'ORE, in consideration ofthc mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agn-ee as follows: SCOPE: OF SERVICES (_)n an on -call basis, and at the City's sole discretion. Consultant shall perform the services described in the scope of work that was included in RFP No- 20-1 11, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, Which is attached a; Exhibit B and incorporated in lull. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual sevices performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide services cn an on -call basis Under RFP No- 20-111- The total conrpcnsation for these services provided by all Such consultants selected under RFP No- 20-111 ;hall not exceed the shared aggregate amount of 51,000,000 during the term of the Agreement, including any extension periods. b- Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing world perfinmicd, subject to City accounting procedures - Payment need not be made for work which fails to meet the standards of City Council 21 — 4 7/6/2021 Pagc 1 uf8 perfonnanec set forth in the Recitals and Scope of Work, which may reasonably be expected by City- 3. TERM This Agreement shall commence on the date first written above and terminate on July 5, 2024, ttnlcss tuminatcd carlicr in accordancewith Section 17, below. The term of'this Agrecancnt may be extended for two 1-year periods upon a writing executed by file City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, of seq., and 1770, ct seq., as well as California Code of Regulations, 'Title 8, Scction 16000, et scq., ("Prevailing Wage Laws-), which require the payment of' prevailing wage rates and the perlbrmanec ofotherrequiranents on "public works' and "maintenance" projects. Thlhe services being pertormed are part of an applicable "public works" or "maintenance' project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully crnnply with such Prevailing Wage Taws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents five and harmless from any claim or liability arising out of any Failure or alleged faihuc to comply with the Prevailing Wage Laws- 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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 constalied to create sn ennplo-ycr-employee relationship, a joitnt vcnnire relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a inanner consistent with all applicable standards and regulations governing such services. C0113ullarn shall pay all salaries atnd wage, cnnplover's social security raxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNE14SHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other d0Cl11mCnls or works of authorship fixed in any tangible medium of expression, inoluding but not limited to, physical drawings or data magpeticall-y or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Docu rucnts & Data"). Consultant shall require all subconsokantt to agree in writing Ihat City is ranted a non-exclusive and perpetual license tin- any Documents & Data the subconsulutnt prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documcnts & Data. Consultant makes no such representation and warranty in rcoard to Documents City Council 21 — 5 7/6/2021 Page 2 ol'8 & 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. 7. INSURANCE Prior to undutaking performance of work under this Agreement, C'onsulfant shall maintain and shall require its sit beonsultatits, ifany, to obtain and maintain insurance as described below: a- Commercial General Liability Tnsurance- Consultant shall maintain commercial general liability insurance naming the City, its officers, cntployces, agents, volunteers and representatives as additional in,cu-ed(s) and shall include. but not be limited to protection against claims arising trom bodity and personal injury, including death resuhing therefrom and damage to property, resulting from any acl or occurrence arising oar ofConsulrant's operations in the perlin-numce of Ibis Agreement, includinu, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the tollowing: single limit Coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amormt of $1,000,000 per occurrence, with .S2,000,000 in the aggregate- 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 in urcds provisions. b. I lusincssaiitoniobi le liabi lity insurance, or equivalent form, with a combincd single limit of not less than $1,000,000 per occurrence. Such insurance shall include cove -age for owned, hired and non -owned autonnrbiles- 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 pu-forntance ol'the work under this Agreement, Ccm,ultant agrccs to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d- 11'Consultant is or employs a licensed professional such as an architect or engineer Protcssional liability (errors and omissions) insurance, with a combmcd single limit of not less thau S1,000,000 per claim with S2,000,000 in fire aggregate. 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 bill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be famished to file City upon execution of this Agrccmcnt and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled City Council 21 — 6 7/6/2021 Pagc 3 o I' 8 or reduced in arva-age or changaf in any other material aspect, by COn5uthant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully CXCttted additional insured endorsement. I'. TI't_Or)sulL2mt fails or refuses uo produce or maintain the insurance required by this section or fails or refuses to till-nish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to he paid for its time and materials expended prior to notification of termination. Consudtant waives the right to receive Compensation and agrees to indemnify the Cily for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnity, and hold harmless the City, its otliecrs, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages,just compensation, restitutioil, judicia I or equitahIe relief arising nut ofclainrs for personal injury, including death, and claims for property damage, which may arise tiom the negligent operations of the Consultant or its ]ubCOtlSuhanls, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agrccmcnt; and (2) from any slain that personal injury, damages, just compensation, restitution, judicial or equiiable relief is due by reason of the terms of or elleels arising lion this Agreement. I his indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable rclicf'suPtcred, or alleged to have been suftcrcd, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemmify, 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 Agrccmcnt, 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 nll 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 2732.8, the above indemnity shall be limited, to the extent required by Civil Codc Section 27K2.8, fir claims that arise of, pertain to, or relate to the negligence, reeldessness, or willtitl misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents. representatives, and employees against any and all liability, including costs, and attorney's fees, 1 or i n 1 ii n gem en l o f an y IJ n i Led States' letters patent, trademark. or Crp yri gh t contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. City Council 21 — 7 7/6/2021 Page 4 o f 8 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed tinder this Agreement. Consultant shaI I maintain conIpletc and accurate records with respect tothe colts incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a mininuun period of three (3) years, or firr any longer period required by law, from ttrc date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of due City w examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours- Consultant shall allow inspection of all work, data, d0CrrmelIS- proCecdings, and activities related to this Agrcenett for a period of tl-trcc (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY 11' Consultant receives li-onn the City inlimnation which due to the naturC of such infOrntatiim k reasonably understood to be confidential and/or proprietary, Consultant aglecs 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 impottaneC, but in no event ICS3 than reasonable care- 'Confidential Tnformation" shall include all nonpublic inlonnation- Confidential information includes not only written inf'onnation, but also information transferred orally, visually, electronically, or by other means. Confidential intormation disclosed to tither panty by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in righttitl possession of tlrc Coll tultant without mi obligation of confidentiality; (d) is required to be disclosed by operation of lawn; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consulnmt covenants than it presently has no interest and shal I not have interests, direct or indirect, which would conflict in any manner with perf2mnance of services specilied nnder this Al;rcencn L- 13. NOTICE Any notice, tender-, demand, delivery, or other communication pursuant w this Agr-cement shall bee in writing and shall be decmdxl to be properly given if delivered in person or mailed by first class or terrified mail, postage prepaid, or sent by fax or other telegraphic conunnnication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ann 20 Civic Center I la7a (M-30) City Council 21 — 8 7/6/2021 Pagc 5 of P.C>. Box 1988 Santa Ana, CA 92702-1988 Pax:(714)647-6956 Executive Direclor Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Con,uhant: Adam Chatnaa, PE, GE Vice President AFSCO, Inc. 17782 Georgetown lane Huntington Beach, CA 92647 A party may change its address by giving notice in writing to the oilier party. Ihereafter, ally communication shall be addressed and transmitted to the new address. If sent by mail, conununicatiem 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 decmal to have been given twenty-four (24) hours aticr the time set torth on the transmission report issued by the uansiniuing facsimile machine, addressed as set Birth above. For purposes of calculating these Linielianies, weekends, federal, state, CotmLy or City holidays shall lie excluded- 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the coniplete and exclusive statement between the City and Consultant regarding the subject maucr herein, and supersedes any and all other agreements, oral or mriuen, between the parties. In the event of a conflict between the torus of this Agreement and ally attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be moditicd except by written instntment signed by the City Find by Fin authorized represennitive of Consultant. The parties agree that any terns or conditions of any purchase finder or other nArwnent that are inconsistent with, or in addition to, the u rms 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 othenvise, have been made by any party, or anyone actinic on behalfofany party, which are not enihodied herein. is. ASSIGNMENT hiasinuch as this Agrcanent is intended to secure the specialized services of Consultant, COMSUILant 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 [tic City',,; prior writrui consent shall be considered null and void. Nothing in [ltis Agreaucn[ shall be consulted to limit the' City's ability to have any of the services which are the subject to this City Council 21 — 9 7/6/2021 Pagc 6 of 8 Aurectnent performed by City personnel or by other Consultants retained by City- 16. WAIVFR No waiver of breach, Iailure of any condilion, or any right or remedy conwined in or granted by the provisions of Lhis Agreement shall be eflective unless it is in writing and signed by the party waiving the brcu;h, 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. 'ILRMINAI'1(.)N 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 steal I pay Consultant compensation Ibr all services performed by Consultant prior to receipt of such notice of Lerntination, subject to the Ibllowing conditions: a. As a condition of such payment, the Lxecutive Director may require Consultant to deliver to the City all work product completed as of such date, and in such cave such work product shall be the. property of the City unless prohibited by law, and C0115tthain CUtlsetils to the City's use thereof for such putposcs as the City deems appropriate. b. Payment need not be made for work which tails to meet the standard of pertiannance specified in Lhe Recitals of Lhis Agreement. 18. NON-DISCRINIINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual OtlentatiOn, age, national origin, ancestry, or disability, as defined and prohibited by applicable la", in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirm, that it is an equal Opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, inlCprclatitm, pci-fmmanec, and caalbrecmcaat of any of the clauses of this Agrecanenl shall be. determined and governed by the laws of the State of California- Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise Out of, in connection with or by reason of this Agreement. 20. PROTFSSMNAL LICENSES Consultant shall, throunhout the term of this Aorcenrent, maintain all neecssary Iicense5, City Council 21 — 10 716/2021 Pagc 7 o I' 8 permits, approvals, waivers, and exerrrptions necessary for the provision of the services hereunder and required by the laws and regulations oI'the 1 Tinted States, the State of CaliI'ctmia, the City of 5'a11ta Ana and all other governmental ageneieS. ConS IM11t 311,911 110tily the City 11111 ledlately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabilily shall be cause for lermination oflhis Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective patties to each of the ternls of this Agreement, and shall indemnify City Cully, including reasonable costs and auonley' , fees, for any injuries or damages to City in the event that such authority or power is not, in tact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporaled as il'lirlly set lorth in the body of this Agreement. IN WTTNFSS WTTF.RF.OF, the parties hereto have executed this Agreement the date and year first above. W1iuCr1. ATTEST: DAISY GOMEZ Clerk of the Council APPkOVED AS TO FOkM SONIA R. CARVALHO City Attorney JOIN M. DUNK Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NAlill, SABA, Ph: Executive Director Public Works Ageney CITY OF SANTA ANA KRTSTINE RIDGE City Manager CONSULTANT Name: Kay Alabcd Title: President City Council Pagc 8 ol'8 7/6/2021 EXHIBIT A Appendix ATTACHMENT 1 SCOPF OF WORK 14r1MI p OMOrILEA►`M REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO. 20-111 INTRODUCTION/BACKGROUND L,nder the City of Santa's Capital Improvement Program, a number of construction projects will lake place in die next few year. I hese projects include ,,(reel pavemenl, trarlic signals, underground utilities, buildings, bridges and park litcility improvements- The total value of construction is estimated to exceed S100 million. In order to maintain high quality orcons(-uclion, the Cily intends to relain testing and inspection firms to provide quality assurance services for those prqjcets- The scicctcd firms arc expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this RFP is to solicit proposals from quality control consulting linos for the required services. The selected consultant is expected to ester into art at;rectnent with the City to provide services on an as -needed basis. Prime consultant mark -tips for sub -consultant work will nut he allowed - All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies. presentations, and/or reports will be subject to the final approval and satisfaction of the City- The scicctcd Consultants must have thec expertise, cxperieicc, and demon arated resoutces available to perform the work described in this RFP. The City desires to enter into Agrecancatts with multiple top-ranking firms for an initial three yeat term- with a City option to exercise one ( I ), two (2)-year extension period- The annual amount to be expended under the Agreement will vary at the City'., discretion and will be dependent on available fitnding. City Council Gity of Santa Ana RgR 20-ft21 7/6/2021 Page Al-1 A. SCOPE OF SERVICES The rcquircd scrvr:cs shall uicludc, bul not be hinilcd to. the following: ♦ Provide field inspections and compaction tests for grading, trench backfill and asphalt concrete pavement construction according to the project special provisions, the Standard Speciticatio ns for Public Works Construction (`Gruen Book") and. Caltrans Standard Specifications- Subtnit daily licld reports to the City and a final report after work k completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength holts, ,&uctural steel, masonry, painting and other types of work in accordance with thc. Cali l'ornia Building Codc (CBC) and the contract dOCLInICntS_ Submit field rcpoi is to the City immediately after inspection are completed. All deputy inspecturs shall register with the City's Planning and Building Agency prior to Start inspection. ♦ Perform rests on various construction materials as required by the ('try. • Available tests may include the following: oMix Designs o Concrete o Concrete Blocks Brick Masonry (i Masonry Prisms O Mortar and Grout o Fireproofing o Soils and Aggregates o As Concrete o Reinforcing Steel o F.nvironnnenlal ♦ hi,pectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and tall protection. ♦ Recommend testing method on defective work and advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their sonu-ec as rcquircd by the proicet specifications. ♦ Provide utha- quality control sclvices as regttesicd by the City. ♦ Field reports shall be submitted daily to the City. Subtnit and distribute typed inspection and testing reports to the ('ity's Public Works Agency and the Planning and Building Agency in accordance with "Green Hook" and -CHC" requirements and to other concerned parties within a week after the work is performed. City Council City of Santa Ana RgR 20-p31 71612021 Page Al-2 ♦ submit a final report to the City within live working days upon completion of each project. S. SPECIAL REQUIREMENTS Since some of the city projects will be funded by Rxleral or Sour Fnants, the sc tcctul consulting thin nntst comply with requirements of Caltram' ahnsu•uction manual and the lollowing_ Certilicale of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. They can be certified by Callran ' District Materials Fngineer, by the National histAttle C'ertilicalion of Engineering Technologies, or by other authority acceptable by the C.olhstrttCUn❑ Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate nntst be on file in the office of the Construction Fngineer. The certificate shall list the type of work which the individurd is authorized to perform. ♦ The testing laboratory must be under the supervision of a registered engineer with experience in inspection aard testing of construction materials. This engineer shall ccrtity the results ofall tests performed bythe lab personnel under his/her supervision. ♦ The selecled fine nutst maintain the laboratory testing equipnherht in accordance with recognized national standards - The selected firm must have an independent assurance testing and sampling program. This program can be perforated either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organizatinn- ♦ Con-clation Testing Program- The Materials Laboratory shall be a participant in one or morn of the following testing programs: ♦ AASI I FO Materials Reference I.aboratory(ARMI.) ♦ Cement and Concrete Reference Laboratory (CC.'Rl.) ♦ Caltrans' Reference Samples Program (RSP) Acceptance FesthW and SiunplinL, ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the work is completed. City Council City of Santa Ana RgR 20-M 1 71612021 Page Al-3 Rcportin2 Test Results ♦ When aggregate sample is taken in the material source, the testing turn shall submit to the Resident Iinginecr results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soils and aggn-egate sannples are taken ai the job site, results of these test. should be submitted within 72 hours. ♦ Results of compaction and density tests taken at the joh site should be submitted within 24 houn-s. ♦ Whcn samples of soils and asphalt concrete are taken at the Job site, R-value and result of asphalt extraction test should be submitted within 96 hours. Independent Assurance Ramplim, and Testing The selected firm shall establish and maintain an Independent Sampling and Testing ([SAT) program_ ♦ To verify that the project sampling and testing are performed correctly by the testers ;nod satnplers- ♦ To cnsurcc the equipment is properly calibrated. ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the iesident Engineer with a report indicating actions to he taken by the selected testing tine when discrepancies are found between ISAT and acceptance teas (AT)- C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the contractor regarding work schedule and noti Iy the consultant 24 hours in advance for the required inspections and tests- D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ This prujcct may utilizc Cal iforniaDcpartmcnt of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced ti» ins included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: LAPM Exhibit I O-H: Sample Cost Proposal City Council City of Santa Ana RgR 201151 7/6/2021 Page Al-4 • I,AI'M FX1libi1 10-01: Consultant Proposal DHF.Conuniunent LAPM Exhibit 10-02: Consultant Contract DBE Commitment • I.APM hxhibil 10-K: Consultant Certification of Conlr;tct Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection. Chapter 10, for further instructions and guidelines pertaining to the eompletion ofthese forms:htlp>.//,i,tip�.atv�.lvllrti22ucldcll rt�.alia/pr++Li;.tn�/h.+.al_ ftl pelf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: 4 his agreement may be funded with state and/or federal grant fiords adminktored by Caltrans. Proposer shall comply with all requiretnent> as they pertain to the use of these fonds. Refer to Atlachnnenl 4 for Caltrans required forms, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Contracts) in the Appendix of this RPP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBE goal for this Contract_ Proposers are encouraged to obtain DBE participation for this contract_ Rcfcn- to Exhibit 10-1 — Notice to Proposers DBE Information included in the Appendix of this REP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBF goal. CONSULTANTAUDITAND REVIEW PROCESS: Prior to contract award and dcpcodcor on contract award amount, the ;elected Consultant shall be subject to an audit or review by Caltrans' Audit and hivestigations (A&.1), other state audit organizations, or the federal government. The selected Cons tilt ant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System 11or all prime and sub-Consultsnus in tlic Appendix of this P.CP. To independetaIr (lows/ourl utir of fire Cahruns Lthibils tequited per this RFP. visit: hUp, //fho r-(;E nr. ;�nw � /fr,iutur:/Iax rV i„_i,l;iutr t f WG,.di its uuunri,inV._Qrutut�_: City Council City of Santa Ana Rpq 20-M 1 7I612021 Page Al-5 EXHIBIT B Or llige CBlun4y 177821 or„dowu Lanc Ilunnnrton Brach, Calilurnia 72647 Trlr 1714)375-3R30 AES .a3 1-'m (714) 375-3g11 ,' win Rerniardfin v Cgnuonn¢q 14163 1, " Rcplerae0 Fontana, <-Alm nia 92335 Trie: (9091 184-9100 Pax: 1909)284-9201 REQUEST FOR PROPOSALS MATERIAL TESTING AND SPECIAL INSPECTION SERVICES RFP NO. 20-111 AESCO Proposal No. P6513 Attention: Mr. Sean Thomas Project Manager AESCO 17782 Georgetown Lane luntington Beach, California 92647 Tele: (714) 375-3830 Fax: (714) 375-3831 September 30, 2020 Council 21-17 7/6/2021 ( elnhqugmionnlA'd;uocvdsun "lcsrtinng/ onsn>ccvdglnn e Enneiv alluenntal # (.c+lvcchnical Lugionmi ny,'; vrviceh �W Ormilge t Ballity 'lain Rernardlim) C'ouflotg- v 177821 .rgdc,,n L,mc 14,611 "Rwdn.,-d I Iunnn t n Beach, Calillu'nia'92647 Fan t.11 .1iIm nIn 12335 Trnr 1714)175-iR30 Trle (9091 184 9100 1-'m (714) 375$831 I ax: j909) 284-9201 September 30, 2020 Mr. Scan Thomas, Project Manager City of Santa Ana Public Woken Dcpurllnclu 20 Civic Ccotcr Plaza, M-36 Santa Ana, CA 92701 Subject: Request for Proposals Material Testing and Special Inspection Services RFP NO. 20-11 AFSCCI Proposal No. P6513 Dean- Mr. Thomas: AESCO is pleased to present this response to the Request for Proposal t1 provide on -call materiat testing and special inspection sclviccs for the aboverefeieuced project. AESCO is located at 17782 Georgetown Lane, Huntington Beach, CA 92647; 714-375-3830; 714-375-3831 (fa); email:adttm.chamaa(ti.aescotech.com; and website: www.aescotech.com. AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1443, a total of 27 years. Ms. Kay Alabed is the President of Al'SCO and Mr_ Adam Chamita, PE, GE is the Vice -President. Either person is authorized to make commitments on behalf of AESCO. • AESCO is SBE, DBE/UDBE, WBE, and CBE certified. • Laborator}r is DSA, Caltrans and City of Los Angeles certified. • Member of the Independent Assurance Program with Caltrans, CCRL, and AMRL. • Clients include OCTA, the County of Orange, CalTrans, MTA; the Cities of Huntington Beach, Santa Ana, Villa Park, Moreno Valley. Lynwood, Lakewood, Buena Park, and Riverside. • AESCO currently holds the on -call contract for the City of Santa Ana Capital Improvement Projects. Scope of Work The scope of work consists of providing quality assurance services for street pavement, traffic signal, underground utility, building, bridges, and park projects in the next few years. besting and inspections 1'or construction activities will include, but not be limited to, grading sails, base materiat, coneete, masonry, asphalt concrete, stnicnual steel, ieiufoicing steet, painting and other quality assurance services for the Capital Improventcnt Program, Inspections and testing will be provided for the installation orprecasl and cast in -place concrete, welding, high so-ength Council 21-18 716/2021 ( ,mistrucuon Material Testing/Inspection • Environmental • Services A�aca bolts, structural steel, masonry and other types of work in accordance with the. California Building Cock (CBC) and the contract dOCtt111Cnl3. AFSCO currently has 35 employees, with 4 registered engineers and geologists and we are a member ol' Union Local 12 and can obtain additional inspectors as needed. All materials testing and special inspections, observation services, and geotechnical engineering will he provided under the technical direction of a full-time registered professional engineer with a minimum of thirty -live years' experience in geotechnical engineering and construction materials testing and depnty inspection. Diaz and YOninian Associate (DYA) will be a sLb-cotisultam to AESCO and meet the requircnients of the DBE program. AESCO will respond within 24-hours upon reouest by the Department. All testing will be performed in ARSCO's Catrans, ARMT., CCRT., City of Los Angcles, and DSA approved laboratory and all work will be in compliance with applicable goventing local, State and Federal akencie, and laws. AESCO has used cloud computing and p otltu forms of technology to streamline clicill ShareFile' communication, improve the docuntcntation process and provide technicians an efficient way to record results. Allowing, clients and team members the ability to verify and tract: the status of our field, shop and lab work- This method has improved projcet tracking, collaborating on solutions and ensuring dre projcei is inspcetcd in accordancc with the contract documents and intent of the design prolcssionals. This proposal is sinned by Mr. Adam Chamaa, PT, C-T-- who is authorized to hind AP,SCO- It you need further nssisrancc regarding this matter, please give feel froc to call either myself or Ms - I OINI Np'CZ. We look forward ro hrirint; from yon. Very truly yours, AESCO- Inc. Adam Chamaa, MSCF, P-L C-F- Debra Perez Enginccring Manager Project Manager Kay Alabed Presidcni yC.ur4 ITIL 11u11 Material Testing/lasprctiun 4 Lnviraameutal ♦ PLItchnical Lagineeriag Ser ccs S'll.aternent al Qi..falificafrions IaWe of Ccpitilbrants Section A Cover LeLler All'Y f � P op, I a:Inl 1 .(Ae,1,, IM<; iWrwl[Cfflt or (.'Ukarlum Secticm B Contract Aplecinem Statement ..................................... Section C Firm and Team Experience ................................................................................ 2 Section D Understanding ofNeed- --------------------------- Section E Relevant Project Experience ............................................................................ 12 Section F Appendix A Resumes Appundix, B Forms Ciorm YHuial Testing/ Inspection , V Environmen al an Geotechnical Engineering Services www.AoscoTech.com n 1 y,.2,1— 20 All Y fr IP op, <:anl.'ld,, IM< 1 atEiF��'tl� "oeelli°tiIIt7FB(�)Cbalfrac,-it Agireefrneifft StIala'tallcial AESCO has reviewed the City of Santa Ana Sample Consultant Agreement and we accept all of the provisions as contained within the Agreement in Attachnnent2 of the Appendix. Sk"Oli011 111d Team 1"Nipexit mince AESCO is a woman -owned corporation (incorporated in California) and has been in operation since 1993. AESCO is headquartered at 17752 Georgetown Lane, lluntington Beach, California 92647 and we currently have thirty-five employees. We. also have a second office in Fontana, California. Mr_ Adam Chamaa, P_E.. GiF- will be the single Point of contact Ibr this proposal and he can be reached at 714-375-3M0 or etnailed al AESCO is SBE, DBE/LIDBE, "'BE, and CBE ccrtiticd. AFSCO's laboratory is certified by DSA, Caltr'ans and City of I os Angeles. AFSCO lras been involved in a nunnber of projects involving QA/QC construction materials testing and inspection and geotechnical engineering for various clients including the Cities of Los Angeles, Costa Mesa, Inglewood, Long Beach, Diamond Bar, Lakewood, Huntington Beach, Lynwood, Riverside, Buena Park, Irvine, Santa Ana; the Los Angeles Unified School District; Alhambra School District; SANBAG; Caltrans; Los Angeles Metropolitan Transit Authority (MTA); and the Orange County Transportation Authority (OCTA). AESCO currently holds the On-Cilll COntract hll' testing find inspection services for the City of Santa Ana Capital Improvement Projects. AF:SCO has NEVER had any OSHA citations. AESCO has never had any outstanding or pending complaints through the Better Business Bureau, State of California Deparinnenl of Consumes- Affairs. Sub (:a naallQaann ^. ................................................................................. DiarYourman 6't Associates (T)YA) is a privately held geotechnical consulting services a»]?o-aliou, founded in December 1992. DYA has grown in size, capacity, and breadth of services to 23 employees, including 17 engineers, the majority of whom have advanced degrees in geotechnical enginceling. Our engineers are supported by a staff of technicians, Word processors, and drafters (Arc(IS. AutoCAD and MicroStation), and an extensive lechnical library. Our corporale office is located at 1616 Fast 1701 Street, Santa Ana, California 92705; telephone nunnber (714) 245-2920, ftx number (714) 245-2950. We have been recognized by our peers for technical CXCCIIMCC and innovative solutiots to liquefaction mitigation. This includes 10 Outstanding Project Awards from our peers at C'al(ieo: LAX lenninal 1 Modernization (201h), LAX Central Utility Plant Replacement (Design/Build) (2016), Anaheim Regional Transportation lntennodal Center (2015), LAX Tom Bradlcy lntcrnational Tesminal (2013), Port of Loa Angeles Cabrillo Way Marina Development (?010), Port of 1 .one, Ileach Joint Conunand and Control Carter (2007), Port of Long Beach Pier T Conlainer Ternninal (2004). fort of Los Angeles Pier 400 Buildings (2003), Henry Ford Avenue Grade Separation (2001), and Port of Los Angeles Pier 300 Ciorm YHuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com 1 t,. 1,-21 7ia. 7.'c fmaaed 'I2p All Yf' IP opLo<:an1.'1,1,, IM< 1 iiAlrmcffi DYA is a certified Race Conscious Minority Business Enterprise and Disadvantaged Business Enterprise (MBE/DBE) under the California Unified Certification Program (C1)CP). s;h,IP°4rIC111?sa ......................................................... ("im0rwfiou Malto i"Ilk [cctliun1 and Ingx-ctiioun Seuviite_c AESCO operates a construction materials engineering (CML) laboratory in Huntington Beach, California, and is capable of performing in-house or on -site testing and inspection services. (hu- laboratory produces thousands of reports annually involving concrete, aggregates, ;oils in -place, and bilurninous materials. AESCO also regularly test, and inspects brick, granite, stone masonry, mortar, reinforcing steel, and tnanuliuctured cictncnts such as pre -stressed beams and pre -cast panels. Engineering consttllation and inspection services are available fin- each phase of Construction including.: • Aggregate Evaluation • Concrete Mixtures -Design, Inspection, and Testing • Bituminous Materials Testing • Up to 600,000-pound universal test machines • Charpy V Notch test apparatus • Rockwell hardness testing machines • Iteftactory Testing • Concrete Masonry Mock • Roof Inspection and Testing • Soil. Compaction and Stabilization fcsts and htspection • '�t17lCttrral Steel FahrlCaliOn and Erection Tnspection and Testing • Qualification of Welders and Procedures • Welding Tnspection • Rebar Inspection and I esting • NDT Testing and Tnspection M 4),nr de 111,ab0raCorry AFSCO operates a Cully tunctioning, self-sufficient mobile Iabol;atoly which can provide immediate and reliable test results for any project. The mobile laboratory can pc fonrr on - site testing for rapid strength concrete, maximum density-optimtun nroistrue test, for rapid compaction testing results, sieve analysis, Atterberg Limits, Sand Equivalent tests, aggregate Ciorm YHuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com r I t, ;21, — 22 '�maan 7�e fRaaed ?2p All Y fr IP oLpo<:al ld,, IM< 1 testing. asphalt, etc. Our laboratory is Caltrans certitted. The mobile Laboratory_ has a compression testing machine for concrete, oven,, equipment to fabricate test specinien.s, curing containers, water tanks and pumps, and portable generators. (;k'Qi2wetnanni ,h1 fl:ao<.?;nnhoe�h'nao� Cap.vibn)Intka .. AESCO's gcotechnical investigations have inchided: foundation and pavement design, settlement problems, compaction monitoring and testing, sllallou- and deepened foundations, pressure injected footings, earth retaining structures, landslide analysis and control, expansive./collapsing ',Oils, underpinning and special t2nlndations, construction dcwatcring and clzainage, pipelines and utilities, liquclitction analyses, and faull evaluation_ Laboratory testing is performed using ASTM, AASHTO, and other applicable specifications and gnidclincs. F11 6n-on)rclaVoLil F: rca ,nQamcrnrch+-rl alln billi.icdl AESCO can provide a fall range of Environmental Engineering sclviecs that arc vertically integrated to deliver a complete " turnkcy" package including: Phase 1-hlitial Lnviromnental Site Assessment (_ESA), the Phase 11-Investigation, Phase 111-Remediation and Mitigation Design, and Final Close Out Report_ Tn addition, AESCO provides a range of Regulatory Compliance services_ AESCO also provides regulatory compliance an(] guidance associated N'Ilh LIST programs, potable water systems and methane and soil -vapor IIlonitonng. !!> aap&Ds a1 1" 12l.ffin m AF,SCO's staff includes 4 registered Engineers and Engineering Geologists licensed in the State of Calili>rnia_ As AESCO is located within Orange County, we havC extensive experience in the area and have worked for various cities and jurisdictions including: the Citics of Santa Ana, Irvine, Huntington Beach. Villa Park. Buena Park, Anaheim, Caltrans and Orange C'ounry I'ransportarion Authority. Re,unics of AI::SCO's project tcani arc nducted within the Appendix. A brief overview of key personnel is presented below_ PEIR.'ti DNNIII.III,NUMNIAIVY ..................................................................................................................................... Name Years of Expericncc Education/Credentials Adapt Chanlaa is- B.S. Civil Lnglncmng Lnginccting M.S. Civil Lnginccing Manager I.iccnscd California h.nonccrW.F..) Licensed Calllinllia Gco(cCllnical F,n_gini cl' xnclear DCIIsity Machine 0[)CM111r kussell J. SCI)al'h❑ 401 B.S. Clvlt Euataeerm= tieotechnical M.s. Civil FriLineeri 11L Engineer Licensed California Engineer (P.E.) Licensed Calili'rni'l Gecnechniwl I-11girtcci (G.E.) Andrew Stone, 30 B.S. Geology Engineeiing Certified Geologist C.G.) Ciorm YHuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com 3I 1, ;2.1,-:— 23 '�maan 7�e fRaaed ?2p A11 Y ft IP oll,I<aal ld,, 1p(a< 1 atiF��'TI� Name fears of Experience Education/Credentials Geologist Certified Engineering Geologist (C.F-G.) Debfa Pefez 40 B.S. Renewable Natural Resources Project Mamigcr Nuclear Dcnsity Machine Operator David J. Ryfln, P.If. 40 '. It.S. Civil 1'ri-6rlcerinc. Senior Fnginm Liccnscd Cali fonlia Fnginwr, P.F. ('.I[. No. ('49661 Kay Alabed, 27 RS., Dental Medicine PrO L'Ot 000li1ll3t0r Onlal- Chamrna. 15 R.S., Civil Fnl;inccrina Field Lind Quality I .L C. CcrLilicetc No. I_tg2gq C onlrol FnIlncer Hn,nrdous Mnict inls 40-hourTrnminp, TCC' Cu-li lied RCinlin-ccd Contra( Caltl-an. Ccailicatc of Prolicicncy [or: C'alculatlolls Pelmininu to Grndings V. SpCi, Sampling I lighway Materials kt Products, Soil AKgregatc Sumplc Prcpmrmtion, Sieve Analysis of Fiuc & Coarse Aggregates, Sand Equivalent, Air Content, Freshly Mixed Concrete, Pressure, Dcnl il.y u1 frCsll CuncrCLe, I'IC111rat SUCnk,lh of PCC. Ball Peaeuation in Fresh Portland Cement Concrete, Sampling Freshly Mixcd Collcrctc, PCC Cylinder Pabrieatioll, Air Coutcut of h cshly Mixed COnclCTC-VOIUInCTlic MCTllpd, SlunlP of Flesh POILL111d C'cnlenl Concrcic, lbinperauu-c of l tuhly Mixed Portland Cctneat ('OIICI CIC ('115 01 NcwporL I3caCII Deputy hlspceLor Clay Of (ial'dell Glove DCputy 111spCCLOI ( iry of Long Reacll Depllry IllspecLot CiLy of Riverside Deputy Inspector Itadiarion Safccy mud U e of Ntictc:tr Gage ACI ('oncrete Field Testin_e Technician TWIG' Slew Cnlnlh 1 1 R.S. Civil Engineering (in proglass) LLlhoratory Manager C'alilumin Staic Uuivmily, Long Bcach Civil I:n __inCCrin_; COl l i lo5 (Allege AC'I: Co nciete T.ahm angry TestI I1 Q ('onercte Field Testing Connttc SLrcllK_tll C uh11S ('aludatlons (lridinl SanlPl in„ SanlPlc Prep- soil and Agg. Sic% c Alialysi, Percent Crushed Pamcles Relative Compaction Sand Lquivalcllr MOkI7111C l 11I1tCllt Ciorm YHuial Testing/ Inspection Environmental an Geotechnical Engineering Services www.AoscoTech.com ,11 c,„21-24 '�maan 7lre fRaaed ?2p atiF�1A'TI� ell Y ft II'Inpo<aanl.'kill 1p(a< 1 "YWrwllnJIIlto t.,ryui3ilPkarlum Name fears of Experience Education/Credentials C eariness Durahi I iry Compressive Strengdl rlextnal Strength Flexural Strength -PC(. Sampling lYcsh Conorctc AASIfft r Sieve Analysis -Fine Sic%c Aria Iy5U-Cwrsc 111d fine ItcAueing Samples of HMA Reducing Samples of Agg. Sand kgLIlv'alCnt Fvnpor able MOIStnrC COniCot Moisture Conlcnt-HMA PCl-COAL Tariq Abdul rah I i R.S., Cieoloizy Senior Laboratory Caltans Caiificate of Proticicncy tin- -leclurician Calculations for Gredings & SpG. Soil Aggregate Prep., Sieve Analysis of Fine & coarse Aggregates, PercantagC. of Crushed Particles, Specific Ca,i%ity &- Absorption of Fine anA coarse A,,rregate SanA Falufvalcnt, Moisture cunlunL CLannc55 of Coarse Aggregate, Uurahility Index, R-Value Soils and Ilafics. Prcllaraucnl ol'Riwmmous Miximcs I''-Tcsting, Bulk SCCIIiC Gravity & Denisty of Biulrninous Miattn'eS, I'hCJI'clic Max Specific Ck.avity & Dcllcity of Ritlmlinous Paving Mixmt-es, Stabilurnetcr Valuc, MOIALIC Content using Microwivc, A_phalc Content of Bituminous Mixes, Ignition Method NICL.T Lcvcl II tin-: Asphalt, Cuncrctc, Suit kadiation Safety and Use ofNuclear (;age Clnistophcr J. Subek 17 Cuastlinc Cornrmulity Cullegc, Otzingc CLIA�L Inspector College, Orange County Tnspcclion Ccruficatc: Building btspcuion. Collette/Masonry Blueprint Reading, Wood%Steel T'I'allllrle, Lire aQ- Life Safety, Welding Technology, elecnical, PILm1hi11g, Coastline Convnunity College, Orange Coast College, Change County ICB0/1CC-Rcltlturced Conchae, Prestress Cornacte, Structural Scccl/Welding, Structural Mas, Fireproofiag, Building Inspection and Plumbing ACl Laboratory Testing-Oradc 1 uid (rick 11, Ttanaporratinn Radiation Salcty and I Isc ol-Nuclear iiagc Competent RCl'Son l7aining Pose -Tensioning Tnstiu t� in UnhoncLd Tendon; Asphall lrlStltLltC in Mix Design fcchnologY USA Class I OSHPD C'las, A Ciorm YHuial Testing/ Inspection Environmental an Geotechnical Engineering Services www.AoscoTech.com 1 s- .21, — 25 2at[diEII�O.Y�x e: ten '�maan 7�e fRaaed ?2p All Y f( IP ofi,I<aan1.'1,1,, IM< 1 atiF��'I�1 Name fears of Experience Education/Credentials AWS-CWT NTCLT Level IT Highway Construction Materials 10-hour TLrzardcnrs W;tsre Giovanni Michael II CALrans CcaiGcaLC Of Prolicioncy for. Air Irtsl)CCTOI Contcnt, Ficshly Mixcd (_.once CTc, PrcSSnrc. Dcnsay of Fr'Csll Concrete, FICUM11 SLI'CllgLh of PCC (fabrication wily), Ball Penetration iu Fresh Poilland Cpncnr. COncrctc, �amplinn Freshly Mixed Concrete, PCC Cylinder 1'abrientiou, Slump of Prosh POIdnad Content Concrete, Tenlperarrite of Freshly Mixed POI Lland ('CIIIeIIL ('onCTCLC County of Los Angulcs CCI Llli'd Iris )CCLur NUIC Cerlilicalu .ue available upon request. A I113CON '15- O I L'I A N .................. Years of Name Education/Credentials Experience DIAL YOURMAN AND ASSOCIATES Sonindevan 20 B3 S5 Civil Cng,inccring Nraripriau, P.L., M.S. Civil Engineering G.F., lientechnical Licensed Prafessional Fngineer (P.F.) Manager Liccnscd Gcotcclirical Lneinccr (G.L.) Jorge Sandoval 30+ B.S. Civil Lngincmug Ccotcchnical M.1. Soil Mechanics Engineer T_iccnsed Professional Fngincxr (P F.) Licensed Gcotcchnical Ln gineer Gi L. Cooryc m YHnial Testing/ Inspection Environmental an Geotechnical Engineering Services www.AoscoTech.com (,1 a ;21,-26 '�maan 7�e fRaaed ?2p All Y fd ]flop,<:anl.'ld,, IM< 1 atiF��'JI� Request for Proposals Material Testing and Special Inspection Services RFP NO. 20-11 AESCO Proposal No. P6513 Engineering Manager Adorn Chamaa. Y.L., G.li. (ALSCO) (2"C Manager Russell Scharlin, P.F.., G.F. (AF.S('C)) Project Engineer. Materials Testing Darid Ryan, P.F.. (AFSCO) and Inspection (ALS(. O) Ceotechnical Engineers (Diaz Vourman) Somudasan Niranj anan, P.F.., l i.F. Omar Chamaa Jorgc Sandoval. N.L_ (i.L. Giovanni Michael chiisiopha- 1. Sob& Project Nlanagcr Debra Perez (ALSCO)Laboratory Engineering Geologist Manager Andrew SG+rtc, C.G., C.L.G. (ALSCO) Steve Crranb (A I tSCO ) Project Coordinator Kay Alabcd (ALSCO) Senior Laboratory Technician Tariq Abdullah (ALSCO) CO M VC YH6lial Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 11 c,,21-27 '�maan 7�e fRaaed ?2p All Y fr IP op, <:an1.'1,1,, IM< 1 atiF��'tl� Ai+,SC O lkxt ouumot- AIltta°:att on Wttriv Percentage .lob Title Task Availability Ellgllleerlllg Manager!(ieotechnical Pl()I(.-CI Cool'dimirloll, n1pLCing, and 45-55 chedulin��/(iwtuhnical F.n_�ineenng Fn,'ineel QLMlity Control Manager Reviews all reporu and test reports lilt S5-90 ' - n"111OVY and com tictCnC3s Ploj"r Manage RgwirjmZpamrikni and submittals 40-,0 Field Fnginccr Site inspection and technical reviews 100 sclllor 111spCClor Laboratory lcminL wid 11C1d inspcctloll 100 Diaz Yourman and Associates Percentage Job Title Task Availability CYO) Cicntcehnical Fnginccr Review laboratory tests, inspection 55-70 repol-ts and RFT/submittals Ciorm YHuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com ;1 u ;21,-28 '�maan 7�e fRaaed ?2p All Y ft IP op, I::nl.'ld,, IM< 1 atEiF��'t� Sedimil D::: �Ilro�$lesr i;alrurlM.i.mu of1'���tIM. PI-,( J ve:rf 21naalie a'staanaallae The project consists of providing quality assurance services for street pavement, in, signal, underground utility, building, bridges, and park projects in the next few years - Testing and inspections for coil sn-uctiOil activities will include, but not he limited to, grading, soils, base material, concrete, tnasumy, asphalt concrete, stnrctural steel, reinforcing steel, painting and other quality assurance services. inspections and testing will be provided for the installation of precast and cast in -place concrete, welding high strength bolts, stracturatl steel, masonry and other types of work in accordance with the California Building Code (CBC) and the contract documents. Field reports will be submitted daily to the City's Public Works Agency and the Planning and Building Agency and w other conccrnul parties and a final report will be provided within five days after work is completed. All deputy inspectors Will be registered with the City's Planning and Building Agency prior to the Stan of inspections- Available tests may include the follovwing: mix designs, concrete, concrete blocks, brick masonry, masonry prisms, moron and grout, fireproofing, soils and ag«rcgatcs, asphalt concrete, reinforcing steel_ and envirortrnental. llispectors will be certified for confined space and fat protection. AliSCO will recomntcnd testing methods on defective work and advise the City of acceptance standards. Source inspection for concrete and asphalt concrete at mixing plants and other materials at their source will be provided in accordance with prrijcct specifications. All testing, will comply with the City's QAP and contlucLcd tinder the supervision of a registered engineer (P.I?.) who will certify all test results. All personnel and laboratory personnel will possess applicable certifications understanding and extensive experience with FEMA, AASTTTo, ASTM, Caltrans, and local guidelines; laboratory and staff shall maintain cun-ent Calu-ans accreditation; and contracted laboratories will maintain saint licensing as primary consultant. AESCO will comply with all requirements of Caltrans Construction Manual including certification of persormicl and is a part of all independent assurance testing and sampling program and correlation testing program through ARMI,, CCRI,, A.ASH'I0, and C'alu-arts I61', Aggregate samples obtained at the material source shall be tested lbr sand equivalent cleanness value and sieve analysis within 24 hours. Test results for soil and aggregate samples obtained at thejob site are to be reported within 72 hours. Test results for compaction and density tests are to be reported Within 24 hours. Test results for soils and asphalt obtained at the job site (k-Value, asphalt extraction, etc.) are to be reported within 96 hours. ma. h,u(kAo.'v hoar mak1A."Als IIIes¢tng,Iild Ann^specoitann AFSCO's method of operation is the following: • Prior to the start of any projcct AFSCO will become familiar with the contract documenL,, projecL plans, technical specification, existing, site(s) and conditions, anti other pertinent project doCLn71enl5. • Prior to thee start of any project AESCO will meet with the CITY to review sLaffimg, projcct needs, coordinate inspections and testing review budget cunlrok, and will also attend the pre -construction tnecting(s) if requested. • AESCO provides a 24-hour live answering service and one of our Project Engineers Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com g I t, ;2 1, — 29 '�maan 7�e fRaaed Zip All Y ft IP op, <:an1.'1,1,, IM< 1 atiF��'tl� is always available to answer any technical or scheduling issues. Technicians shad he available upon 24-hour notice and for occasional night work. • AESCO digitally controls all assigned tasks to our technicians and each unit of service is closely watched by our project manager- AESCO does not exceed the assigned budget for its services prior to authorization by the CITY. • The inspector (or inspectors) tltcrr arrives at the site to pertitrm the required tcsting and inspections. The technician will arrive at the site with the correct equiprnent, calibrated to existine standards with documentation. Equipment calibration shall be performed prior to the start of work and costs are included in the total hourly rote for field services- All samples will be transported fi-om the project site to the laboratory for testing as required. • All breaks and laboratory testing is scheduled through our electronic dispatch system ,where nolilicaiion is atomically issued to the laboratory manager to perform specific tests, such ac breaks of concrete cylinders at a schedule of 7-day, 14-day and 2k-day breaks; beans breaks; masonry block breaks; prism break~: etc. • Daily field reports and test results are created digitally in a standard report forinat and cinailcd within 24 horns of completion of the test of inspection to the CITY. Field lrsting/compaction results of subgrade or asphalt concrete shall be Communicated to CITY personnel as soon as the tests have been completed, on same day of testing, with hard Copy to follow. • Any lest or inspection deficiencies, such as. failing compaction, concrete not reaching the required st-CnUth, concrete with high slump, cleanness of rcbar, cleanness of footings, eta, will be discussed immediately with the CITY. Our professionals will provide practical solutions to critical issues encountered in the field, considering both cost andtechnical implications. • A final certification report of all inspection service~ perlonned sumniaiizing test results and raw data will be submitted for review following completion of const-uction which will stunmarize all failed and passing tests. The report will include the tests performed, where the test was performed or the sample was takerr, testing dates at time, and test standard used, the approximately quantity of material represented by the test, will clearly identify a puss or fail result, and will sununarize Findings, Conclusions, results and reCOMmendations- The report will be sinned by a California Licensed Professional Engineer/Gcotechnical Engineer. All laboratory reports and inspxtion reports are supervised, reviewed and signed by it Calitornia Licensed Professional Engineer/Geotechnical Fmzineer. • AESCO will comply with OSTTA requirements Safety Standards. • All technicians are adequately insured for liability and property tannage, and a copy of the policy will be forwarded to the CTTY upon request. Vehicles bear the firmt's name- • All inspectors are regtllrcd to con1I hluiCatC on a daily basis with Our QUMity Control Manager who ensures that all work is being performed in accordance with the Quality Control Manual. • AESCO has been successful in consistently completing its projects within the assigned budget and schedule. We thoroughly evaluate our task and scope of wort: and build an efficient budget for our work. Therefore, we seldom exceed the budget Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com a d r 2? ,- 30 7ia. 7.'e fmaaed 'I2p atEiF�♦•'t� All Y fr IP op, I::l.'ld,, IM< 1 Dn CKIIP;IIito t..,nu,Ae karfum or schedule. AESCO has a practice of obtaining advance approval from clients prior to initiating any work which wit I add costs to the originally approved budget. AESCO's conminrrent to quality assurance extends to field and laboratory staff that is certified in various technical clisciplines by multiple agencies such as City of Los Angeles, Calhans_ ACI, N10ET, and ICC. Field technicians and inspectors provide detailed documentation of construction operations and specification coniplianee. AESCO's aceredited materials tesling laboratory and collection of resourceful field equipment enable our professionals to efficiently determine precise methods for qualifying construction materials- gnTmn:m9 IVnspn0ion trnd 1'Oi agk,6IN iVcs iw-,, Phih)winhy hOld p assss AESCO maintains a strict Quality Control Program (QCP). AESCO is a member uf, and certified by several independent certification agencies, such as DSA, AMRI ., CCRI , Caltrans, the City of Los Angeles, and fire City of San Diego. AESCO is also pan of the yearly reference sampling progr-anr for these agencies- These involvements ensure a rigorous training of-AESCO's tcehnicians and test method vc6ficatiorrs. AESCO maintains CUricnt test manuals and standards. All laboratory testing and field investigations are supervised by AESCO's registered engineer. The test results are reviewed by AESCO's Engineering Manager and QA/QC Manager, each of whom has over 35 ,years of experience- IlnnnnaovMliva ,au d FlvL .i rlv AtDKI l oat hr:, AFSCO has used various approaches to save clients time and money as shown below: • An example of our approach is the emergency response AFSCO provided to the City of Huntington beach when a large sinkhole developed in the middle of one of the nrajOr Aurroughl'ares, Warner Avenue. AESCO personnel were on -site around the clock to assist in the repair and to devise a dewatcring system to be used daring constntction. AESCO's gcotcclrnical engineers provided on dic spot ctiginccritrg recommendations and mitigations io expedite the repair. AFSCO implemented and supervised a grout injection system to save the in -place utilities, existing structures, and the. roadway. The project was completed approximately 20 percent earlier than was anticipated. • AIiSCO also provided emergency response to the Alhambl,3 Unified School District when an excavation flooded at night due to broken water line at Garfield Elementary School. AESCO's Geoteclutical Fngineer was on -site at 7*00 AM- on a Saturday to assist the Distici in mitigation of the problem and to stabilize the Subgrade- • AESCO also responded to a slope failure along in Highway 330 near Lake Arrowhead. ALSCO worked double shifts and weekends performing the geotechnical investigations and recommendations for the contractor to repair the road in a timely manner. Ciorm thiuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com I t,31 '�maan 7�e fRaaed Zip A ll Y'f v ]I, op, <:anl.'ld,, IM< 1 Section I: Riell wauf. Prar».I���:� llf;x�IPelrllenmc,, HDPE Installation, Country Glen Way, City of Anaheim It rl ` 4' , ( /``5. AESCO performed the materials testing and inspections for the installation of an TTDPE watcilinc in the City of Anaheim. AESCO performed the tcstinn and inspcetion, of the trench backfill. Subgrade and asphaltic concrete which was placed to restore the site to the original condition, including replacement of curb and gutter, cross gutter, sidewalk, landscape and irrigation, and paving. AI:SCO performed compaction testing of the trench backfill and stibgrade. Asphalt testing Was perfbnned at the plant and as it was placed on the roadway- Classilication testing was perlirrmed on the subgrztdc material and maximum density compaction testing was performed on the subgrade and asphalt in inv Huntington Beach laboratory. Project Highlights: -Quality Assurance inspection and testing .Testing and inspection of asphaltic concrete a Testing and inspection of subgrade Start Date, 201R Completion Date: 2018 Total Cost: $500,000 Client: City of Anaheim Role: Construction Materials I esting and Inspection Key Personnel Involved: Adam Chamaa, P.F., G.F. and Dave Ryan, P.F. Reference Tim Flint, Construction Managrr, City of Anaheim I City of Anaheim 1 200 South Anaheim Boulevard, Anaheim, CA 9280S I Phone- 714-76S-S271 I E-mail! I:Fl nl;(iri;;In_thr� rn_ ri get Ciorm YH6val Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com ;I r2,l,-32 2at[diEll�O.��x e: ten '�maan 7�e fRaaed ?2p A ll Y f v lP oll,I<:: ln.'ld,, IM< 1 "4�$AiGHll Iv;IIlh. o (.,rya31Ph arfu t9 405 Freeway Widening T^ AESCO is performing. the Quality Verification inntcri;I N IC>I.ing anti. inspcctioII (luring, widening, of the 405 Freeway between Euclid Succtand the 605 Freeway, it total of 16 miles. The widening project include; the Construction Of nets lanes on the nidhbound and northhnund sides, new rosining walls, bridgcN, olc. 11w, testing and inspection services include(] a review of the concrete mix designs, concrete resting an(t inspection, concrete batch plant inspection, pile inspection and logging, rcbar inspection, aggregate testing, welding inspection, Snbgra& testing and inspection, base irinronal evaluation and testing, compaction testing and inspection, and asphaltic eoneroc teeing. AFSCO also proparert the Quality Manual for the project including all Torus. An Actially Dcpositcd Lcad (ADL) study was also perfolmed. Prgject Highlights: • C:Onsllile6011 Matcrish and Soils Inspection and 'I esting for I Iceway Widening Project • Prepared Quality Control Manual list the project • Cuotdinating and managing construction malctiaL testing and inspection services • L'nvitvnmenlal Sampling of Acrially llcpomicd 1-cad (AL)L) •Asbestos Survey and Abatement 0%crsight • L'nvironmcntal .tsscssrucot ofcican import and hydrocarbon tmpactcdoil • Gculechnical Engincering fur retaining walls and cctnasiv it Prgject Challenges_ • AESCO provided a-esolutions to non-Conlonnance rgiorts (NCR) related to quality issues dm-ing cunsu-uction in a tinkly msnner to keep the project Oil scllcdulc. Provided C0IDCC11Ve adorns to be taken and measures to prevent fimune NCR';_ • AESCO provided complete dnetnnentatiun and research associated with any NCR (specitications, srandaids•, attd list of procedures) that teem affcctcd by [lie issue. ALSC'(-) rec:onnnended mttigalion measures altd action plans to resolve any NCR's. • AESCO worked cluscly with the dcsiprbtuld turn to prevent titttu-c NCR's from occurring_ Start Date: 2018 Completion Dale: 2023 (Piojucted) Total Cost: $ L9 hillion Client: O(' 405 Partners Role: QC lnepcctwtl autd Testing Key Personnel involver]: Adam Chamaa.. P.E.. G.E.. Russ Scharlin, P.E., O.E., Debra Pcrcz, Omar Chamaa, Giovanni MikltaiL Chris Subek, L), vid Rvart, Y.L. Reference Reem Hashem, Principal Contracts Administrator I OCTA 1550 South Main Street, Orange, CA 92868 1 Phone: (714) 560-5446 1 E-mail: Rhashem@octa.net COMVC YH6lial Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 33 2at[diEII�O.Y�x r: ten '�maan 7�e fRaaed ?2p All Y fr IP op, I::l ld,, 1p(a< 1 1YWrK1[)II1h.o t., �llIITdIL®II➢tb ON-CALI. A&E CONSTRUCTION TESTING and INSPECTION SERVICES1 � O- I I , C ,. h I .. 1A i 'Id 1 f 1. " ��". 8 10/tl ))" ti " I .A AESCCI has held the on -call contract with the County of Orange to perform construction materials testing and inspections for the past 4 -veals. The scope of work has included concrete, grout mix dcsiep; observe and document formwork construction; observe and document placement of reinforcing steel; slump, temperature. and air entrainment tests of li-esh concrete; cast, cure and test concrete cylinders fin- compressive strength (core Te.ding); obscivatiun of post tonsioncd comets; garnma and X-ray radiographic inspcetiun; and hardness testing. Piojocts have included the following: Aliso and Woods Canyon Visitor Center Restfoom Remodel at Laguna Niguel Park Bike Rental Expansion at Trvine Park Tircnr,=tn'S Matorial ROocarion of ireinc Park Earthquake RcpairatGcor_c Key Ranch Historic Park Ycar-Round Emergency Shcltcr at Kraemer Pink CTO Training Rooms at GAO New Restzmrrl and Tut-y al Orange County 7uu Elecuunic Tran3formcr Replaceniew at Irvine R.u1el1 Parking Structure PS in Santa Ana TFC Secure Parking and (fates W intn Shade Structure at Mnson Regional Park Prubariun Building Chiller and Cooler Replak:Cwcnr Laundry Rehabilitation at Orangewood Children's Center New Restrooms at Laguna Niguel Regional Park New Restrooms at Ted Craig Regional Park 900 Mllz Building in San Clemente r 00 MI Iz Building of OC Sherritfi-S Office WcslminslcrLibrary huproccmcnts Orange County Data Plant Refresh Rancho Santa Margarita Library Improvements ADA Office Restronnl, Santa Ana Mile Square Regional Park lniprovements Reference Mr. Ted Pittman, Project Manager III I County of Orange, Department of Public Works 1143 E. Fruit Street Building 1, Santa Ana, CA 927011 Phone: (714) 42S-8880I E-mail: ..{.1�.l.{.Cfl.>:9.Ckin!..'.5:17..Y.Y..!:lc�:F:;.!::tV..�.:!:'.f.1:1. Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com 2at[diEll�O.��x e: ten '�maan 7�e fRaaed ?2p A II Y f v P opo<:a1 1,1,, IM< 1 at "4�$AiGHllIv;IIlh. o (..ryu3llJkatum Metrolink Parking Structure l,6 AESCO perl'onncd the materials testing and inspections and environmental engineering for the new Metrohnk parking structure at the Orange Transpotration Center located at 110 North Lemon Street, Orange, CA. 'fhc now sGvcture is 5 stories high with 2 subicrrancan levels and provides parking for 611 vehicles. AESCO performed the reviews for shoring plans, mix designs and mill certificates for post -tension elevated slabs. AESCO also perli>rmcd cuvironnicnial engineering which consisted of soil sampling for site characterization, air monitoring for dust mitigation, rctncdiation ovcrsighl, soil collfirrnatiolr sampling for remediation closeout, and Emergency UST abandonment. Soil sampling was performed to test for creosote and hydrocarbons at the location of old subsurfirce railroad tics and ai other random locations for clean-up venficatinn. A crack monitoring_ program was also implemented to atsurc that no damage occurred to existing structures in the area of construction. The materials testing and inspection included shuterete, grading, post - tensioning, reinforced concrete, tie -backs, welding, rebar, mortar, footings, epoxy dowels, prestressed concrete, grout, drilled -in anchors, and compaction. Project Highlights: . Construction Inspection and Testing fur multi -level parking snvccure . Prctonned cunsnvcriun marcrials resting and inipccriuns • Pnvironmcnlr,l Fngineorinn, incItICIMp; soil snorpling, air monhori m?, and rani idialion ovcrsip;hl. . Performed plan review: for shoring, mix Jesi3us and mill ceitifwxa s . Project nwnrcled 2020 ASCI_.rrnn,portntion Award Start Date: 2017 Complelion Dale: 2019 Tutal Cost: S33.2 million Client: Hill International for OCTA Rule: QC lnspccliun and Malcriah "rusting, tIM10nmenr<ff hngirreerill and MOnict+ring, (_'tack Monilo ing Key Personnel Im-olved: Adam C'haman, P.I G.F., Alan- Ha/boon, PJ:.. Omm- Chatrlaa Reference Michael Tahan, Senior Vice President) Hill International for OCTA/Caltrans J 3130 B Inland Empire Boulevard, Ontario, CA 91764 1 Phone (909) 262-4770 Fax: (909) 527-8590 1 F: mail: MlchaclTalran(ti hillin0.conr Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com P2 ,-35 '�maan 7�e fRaaed ?2p All Y ft IP op, <:a.'1,1,, 1p(a< 1 "YWrwlllcffit.o t..'n1u(Ae h ariu ID9 Main Street, Talbert Street and Heil Street Pavement Rehabilitation I ;, 4, t. I, (. 'A AESW performed the constnletion materials testing and inspections for rehabilitation of the, pavement on Main Street (between Oarfield Avenue and Delaware Street), Talbert Avenue (between Ciothard Street and Newland Street) and Heil Avenue (between Fdwank Street and Cioldenwest Su-ect), including reconsu-uction oh curb and gutters, sidewalks and retaining wall improvements and asphalt paving removal and replacement. Testing and inspections included excavation bottoms, placement of all structural fill, concrcTC, rcbar, crushed miscellaneous base, asphalt paving including base and stirface layers. Project Highlights: • Conctntction Tnspection anti Testing for pavement rehabil itntion • Plan review • Concrete and Asphalt Mix Design Revicw • Inspection and Testing for soil,, asphalt, base, rcbar- concrctc Start Darr: 5cptcmbcr 2016 Completion Date: December 2016 final Cos(: S).7M Client: City of TTuntingtnn Reach Role: QC luspection and Testing Key Personnel Involved: Adam Oinnma, P.L., G.L., (_hint Cttantaa, David Ryan, P.L. Reference Joe Dale, Senior Contract Administrator I City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92645 1 Phone: (714) 536-5431, E-mail: j?aalE_:_ >>rarlEl:V:.frl_.cL6; Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com r11- 36 2at[diEII�O.Y�x e: ten '�maan 7�e fRaaed Zip Dins roxtrxMAta 0. �(tl n(An1 D• l,a r,l, p,...[�✓N "eAri .KS OCTA OC Streetcar Project, Santa Aria, CA 'I he OC Streetcar project consists oftlnc design and construction of a two -track streetcar system tionl the Santa Ana Regional Transportation Center (SARTC) in Santa Ana to the proposed Rcgiunal I ransir CunnCvriun and sration in (raider Grove, approximately 4 miles. The proixt also includes design and construction of a maintenance and storage facility and two new bridge stmcnrres. 'I tic. ilia intcnancc and storage facility is pltuincd to house all light revenue maimenance linctiollS, including operations. This will accommodate administration, operations, maintenance, repair bays, and parts storage. A maintenance building, awash huilditig, parking lots, and a fire lane arc also included. 10 r M ' 4 ik 4 I` The Santa Ana River Bridge ix an approximately 356-loOL-long, 3-span, precast, pre-SueSSed concrete, Callraus, wide -flange girder hridgc. Spans Vary from approximately 80 to 138 feel and will eany the OC 1t'CCLCar light rail tracks over the Sanla Ana River and adjacent Santa Ana River Tvail. Traf'fic on the bridge consist, of two u-aeks. Two reinforced concrete pier walts weir proposal for the lives- piers. Short scat abutments on a Single row of cast -in -drilled -hole (CIDII) piles were proposed to minimize earthwork. accommodate thermal tnovetnemi , and use the Same foundation type a, the piers. The Westminster Avenue LIP was proposed as an approximalcly 231-foot-long, 2-spair, cast in place, post ten9ioned concrvw box girder bridge. Spans are approximalcly 111 W 120 feellong and will cant' the OC St-cacar light rail tracks over Westminster Avenue. Trallic on Ilene bridge consists of two tracks. High, call ilecer abutments were proposed to minimize Span length_ A Single, non -skewed, oblong column bent was proposed to tit within the available 1441101 median width, teasarcd face -to -rift ofuirh, on Wesirnin,tcr Avenue. I)YA provided a Phase I Haiardous Waste hivironmeanal Site Assessment for the portion of the project within OCTA'S Pacific Electric. Railway right-of-way tiom Harbor Boulevard to North Raitr Street and a gcorechnicel invcstigatirm to[. the entire alignmart, including soil boo ings, laboratory analysis, engineering analyses, and gcolcchnical reports. DYA subsequanly po-ronnal a supplomental carvironnmpnal site investigation in the Pacific Elcoric righl-of-way .rid has been providing construction Supporl and observation services. Key DVA Personnel: S. Niianianan, Pp, GF—Gcomehnical Manager Chrislophcr M. Diar, PI(. GIF— Cicutwhnical Principal Chaiunya (KC) Kukutla, EIT—Environnaual Enlginarr Jorge Sandoval, PE, GE — Construction Observation Owner: Orange County Transportation Authority Mr. William Farthing, PE Prog,ranm Manage 550 S. Main St. Orange, CA Qxii3 It(itthi�r orrar n�_t 714-560-5813 DVA Client: HN I'B Mr. ferry Nash Vice Piesidcnt 200 P.asr Sandpointe AVenn,e, Suite 200 Santa Ana, CA 92707 to i ,h(ahntb.�om 480-262-5994 City Courko repletion Date: 2020 (1 all) 21 — 4XVA tees: $1,183,700 (rcr/1M9021 All Y fr ]I, op, I::nl.'ld,, IM< 1 atiF��'tl�t N rc-ja ck 6hA AIIIS( 0 lIms wworllood on withd i word/clir for 6h(- City of Santa Ana AFSCO has held the on -call contract for materials testing and inspections and geotcchnicaI and environmental engineering for the City of Santa Ana for the past 9 years. Santa Clara Sewer and Water lmprimcnicnts Diamond Park Mutual Walci Company Wzael Main Trnpiu,,onerds First Street Bridge Replacement Projxt Patton Street Scwer Main Improvements Patton & Washington Street Westminster Sewer Replacement, Westminster Avenue Last ofHarboi Doulevaid 17th Strcct Water Main Installation on Broadway and RI-VaOl Waln(Al Pllmp Station Building I Ipgratlo Lincoln Avenue and Santa Clara Flood Channel Emergency Project First Strcct Undcrcrosiing Stormwater Lift Station 1200 block of First Street TJtilit}, Baekfill fur Mulri-Sti"rN in City of Sauta Ana Cenntincla Yard Fire RCSCuc Pad 3401 Castor Su-cet 3rd and Birch Slrccl Parking Structure Warner & Susan Industrial Asphalt 16-6868 Plant Rl Noble III B 3 Orange Plant MS Megt Landscape Architecture, Center Street Urban Greening Fairview Maintenance Fairview and Segresriom Parking Garage N. Spurgeon & Slh Slrccl. Paving Susan and South of McFadden Santa Ana Septic to Sewer Conversion Project Euclid Pavement Rehab San Lorenzo Sewage Lilt Station Baker and Segcstronl Civic Center Pavilion Plaia Pavement Condition Evaluation Shelton Street and West Wilshire Avenue OCTA Kitchen Project at the Santa Ana Bus Base 4301 McArthur Boulevard City Wide Residential Street Repair - Phase 15 Corner ol'MacArlhur and Ramona Residential Slrccl Repair Phase lb & S.mliago Park Roadway Irnprovemenl Edna Park 2140 44. Edna Dr, Santa Ana Broadway between McFadden & First Curb and Gutter Lyon Strect Rehabilitation Chcitnut Ave to Firsr Steet and Main-Fiisr intersection MacArthur Blvd. Rchahililaliou - Bristol to Flo"cr McFadden Rehabilitation. New Hope -Euclid Flower St. Bike Trail Crap Closure, MacArthur to Stmtlower Phase 17 - Residential Street Repair, Lacy Street Local Street Slurry Scal 2013-2014 Sauna Ana 7uo 1901 F. Chcstrntl. Avortllc Asphalt Coring Intcrssectiou Vancc & Garfield Local Street Slurry Seal 2012-2013 Grand Widening from 1st to 4th Strect Maple Bike Trail Sat'ety TnhanCCII)Onts at Occidental Strcct, Saint Andrew Place, and Saint Gcrtudc Placc Tratfic Signal Installation at Rain and Adams Street Class 11 Bike Lane on First Street Class TT Bike T.anc on Ncwliopc Sn'cet Pico-Lm\ ell Ruidential Strcct Repair Civic Center Diice Pacing Ciorm YHuicl Testing/ Inspection t, ,- 38 a C �iElf�B �l� Environmen al an Geotechnicol Engineering Services x o : i e n www.AoscoTech.com '� ¢ a a. 7.'e i m a a ., d ?2 p atiF��'tl� All Y ft IP opLo<:an1.'1,1,, IM< 1 iiAlrmcffi or ('hC3tnitr Avcntle (Standard to Grand), Alley Impiovvmcnts rid Chestnut Avemuu Rehab (1lniadway to Main) El Salvador Patic Improvcnncnts Traffic Signal Installation Newhope and Camille Modification on ScFcrstrom and Rear Volro llcalcrship 1400 South 1)an Quincy Drive; McFadden Between harbor and Newhope Stadium Concrete Repair 602 N. Flower SI., Santa Ana WiW)ire Ave and Roehard Avenue Water Main Improvement, Rrislul & Scgcrslrom Continuous Welding Tnspection 3rd Street aitd Bush Street RcAroom ADA Office Restroom 100-036-036-PF36-1400 1143 Fruit Street Warner & Susan Inclusti ial Asphalt 16-6868 Plant R.I Noble III B 3 Orange Plan Santa Ana i ililit_v Tmprovcmcnu OCPW OOCH Probation Building Chiller -Cooling RCpla"rnem 909 N. Main Sweet (.)CPW Parking Si ucuuc P8 301 W. 5Ih Street Trench and Backfill 1420 W. Memory Lane Residential Street Rehab Rain Street and Bishop Street Thoinlon Park prcfah restrooin 101 01 W. Scgreslrom Avenue SCptie to Scwcr Deodor & 17th Strict COMVCM YH611al Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 91 r 2? ,- 39 '�maan 7�e fRaaed ?2p All Y fr IP opLo<:an1.'1,1,, IM< 1 iWramffi Client: City of Huntington Beach Conrad: Mr. Joe Dale, Contracts Manager Address: 2000 Main Sn-ect, P.O. Box 100, Huntington Beach, CA 92648 Phone No.: (714) 114-01 18 Email: 1rl Ih;(a.),nt It il,y:::Lh art Services: On -Call Contract for Geotechnica and Environmental Engineering, Materials Testing and inspection Dates: 2003-present Clicnt: County of Orange Department of Public Works Contact.: Mr. led. Pil.tman, Project Manager Address: 1143 East Fruit Street, Building 1, Santa Ana, CA 92701 Phone No.: (714) 647-3947 L1119il: tccl.F.'..j,tYtnln(r n pwucjra y__cam Services: On -Call A/E Construction testing and Inspection Services -Concrete testing and Tnspcctions Dates: 2015-present Client: City of Santa Ana Contact: Mr. Tyrone Chesanek, Senior Civil Fargineer Address: 20 Civic Center Plaza, Santa Ana, CA 92702 Pbonc No.: (714) 647-5045 l.._ahi.a..'trO Services: On -Call Contract for Materials Testing and Inspection Dates: 2011-present Client: OC 405 Partners for OCTA and C:altrans Contact: Mr. Azaam Saad, P.L.. Contracts Manager Address: _i 100 W. I.akc Cc»tcr Dr. 2nd floor, Santa Ana, CA 9270d Phone No.. (714) 31 R-3902 Email: Services: Quality Vcriticauon Material, Testing and Inspections Dates: 2018-present Clicnt City of Costa Mesa Contact: Mr. Bobby Fuuladi, P.F Associate Engineer Address: 77 Fair Drive, Costa Mesa, CA 92626 Phone No.: (714) 754-5222 h:mail: Bobby. h'ouladi(a;CoslaMesaCA.Crov Services: On -Call Engineering Services Datcs: 2016-present Ciorm YHuial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com a I r 2? ,- 40 '�maan 7�e fRaaed ?2p All Y fd IP op, <aanl.'ld,, IM< 1 APPII:NI3I R IE IU III IE Ciorm YHuiol Testing/ Inspection Environmental an Geotechnicol Engineering Services www.AoscoTech.com 41 2at[diEll�O.��x e: ten '�maan 7�e fRaaed ?2p A ll Y'f v P op, <:an1.'1,1,, IM< 1 A&irn f:harntia: Engineering Manager, M,S.C.E., P.E„ G.E. Registered civil and geotechnical engineer with over 25 years of „ tlrf elc age aro: experience as geotechnical engineer and quality control/quality mt„1 eelii assurance (QC/QA) manager. Responsible for QC/QA engineering for d: rur;lxer.ra ixel:•,. new construction, foundations, sewer installations, roadway surfaces ex.e,c,�l3nrr+e4rxaxeD during and after installation, design of de -watering systems, pump hn �.uxxxox.wuefa Bcmdeaaucnni stations, and assessment of soil -related environmental contamination. I(/yAxl CFn:nAI+,.fta lowp' L A �, Provided geotechnical design recommendations for new construction for municipal, governmental and commercial projects throughout California. �' °'rii'W E w MYAB<S'B'exe$', Aaax Scirxae rx A'rn•9'caeixrf9' Sprt.".t.'.11f8c urlfuNa::". t FA4.p&.Hi NQ.'.°Iric d' xzevr<•a:. :tlp dkRn .Arne, �. rbdni 3irtx9ertN. 1982 Widening of the 91 Freeway -Orange and Riverside Counties Ff r• rtPp Pu(I Engineering Manager: Mr_ Chamaa was the Engineering Manager for materials CWe Js anaff Na. ("i N0? testing and inspection during the widening of the 91 Freeway for Caltrans. w ich4f) The widening project included the construction of new lanes on the east and a afifi, , Y, da No, a27.P7 westbound sides, new retaining walls, bridges, slope stability of cuts, rock vai ^•r�•ckuaanevrd exploration, etc The testing and inspection services included a review of the concrete mix designs, concrete testing and inspection, concrete batch plant R'i"dti inspection, pile inspection and logging, rebar inspection, aggregate testing . ....................... welding inspection, subgrade testing and inspection, base material evaluation and testing, compaction testing and inspection, and nsphnitic concrete testing. Perris Valley Line Commuter Rail Extension Project- Riverside County Engineering Manager: Mr. Chamaa was the Engineering Manager for quality control inspection and materials testing and geotechnical engineering services for the Riverside County Transportation Commission. The project involves a 24-mile extension of the existing 512-mile Metrolink commuter rail system from Riverside to Perris. 14-Inch Water Line Installation under Huntington Harbor Channel -City of Huntington Beach Engineering Manager: Mr. Chamaa was the Engineering Manager for a geotechnical investigation for a new 14-inch diameter water line composed of High Density Polyethylene (HDPE) pipe for the City of Huntington Beach. The length of the new pipe ranged from 750 feet to 950 feet. The pipe was installed beneath the Huntington Harbor bottom which is at an approximate depth of 20 feet below high sea level. the water line connected to existing water systems on either side of the channel. Alameda Corridor, Temple Avenue 4th Track Improvements -Pomona engineering Manager: Mr. Chamaa was the engineering Manager for the preparation of the QC/QA manual and supervised materials testing and inspection during construction of a new railroad grade separation. The project included railroad bridges, retaining walls, depressed roadways, utility relocations, roadway bridges, channel walls and drainage ditches. Cmcinm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com '� I I- 2? ,- 42 2at[diEll�O.�fx e: ten '�maan 7�e fRaaed Zip A ll Y f v ]I, opo<:al ld,, 1p(a< 1 atCiF��'tl� Design/Build SR-22 Freeway Widening -Garden Grove Engineering Manager: Mr. Chamaa was the Engineering Manager for the inspection and mix design alternatives and recommendations for the Portland Cement Concrete (PCC) and Lean Concrete Base for the widening and overall improvement for Orange County I ransit Authority (OCIA) and C31trans. Mr. Chamaa worked with the design team and the contractor to qualify aggregate testing and evaluation of the concrete and performed on -site mix design trials. Recommended the most appropriate mix design and additives based on California Test methods. Supervised the testing of concrete products during placement which included aggregate testing, concrete cylinders, LCB samples and flexural strength beam tests. Supervised the flexural strength of the concrete during the pavement construction. Calico Solar Plant Access Bridge -San Bernardino County Engineering Manager: Mr. Chamaa supervised and reviewed the geotechnical recommendations for foundation design for the proposed brldge structure and retaining walls for the BNSF railroad. Preliminary geotechnical recommendations including pile load design data for caissons, driven piles, tip -bearing piles, and friction piles, as well as lateral loads were provided. A review of existing geotechnical and seismic data was conducted for projects in the vicinity. Plant No. 1 Sludge Dewatering Project -Fountain Valley Engineering Manager: Mr. Chamaa was the Engineering Manager for the construction materials testing and inspections for the sludge dewatering project at Plant 1 for Orange County Sanitation District. This project was to enhance the use of existing digesters, and replace the existing sludge handling facility. The new dewatering equipment will remove more water from the hiosolids than existing facilities, which in turn will reduce the hauling cull to rernole sites. First Street Bridge Replacement -Santa Ana Engineering Manager: Mr. Chamaa supervised the construction materials testing and inspections during the bridge replacement. Testing and inspections were conducted on piles, welding, structural steel, precast concrete, concrete, asphalt, mix designs, etc. Ranger Sewer Lift Station No. 16 — City of Huntington Beach Engineering Manager: Mr. Chamaa was the Engineering Manager for the geotechnical investigation and the materials testing and inspection for construction of Ranger Sewer Lift Station No. 16 in the City of Huntington Beach. The new lift station was 24 feet by 24 feet in plan dimension and was placed at a depth of 18 feet below the existing ground surface. Recommendations were made for a mat foundation, dewatering during construction, waterproofing, pipe bedding, lateral pressures, and shoring. Belmont Pool Rebuild -Revitalization -City of Long Beach Engineering Manager. Mr. Chamaa was the Engineering Manager for the geotechnical and Phase II environmental investigation for the new Belmont Pool for the City of Long Beach. The project generally consists of constructing an indoor pool which is approximately 85 feet by 190 feet in plan dimension housed inside an approximately 60, 000 square foot structure. An outdoor pool with a plan dimension of approximately 85 feet by 185 feet will be located just east of the structure. Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com r 2? ,- 43 2at[diEll�O.��x e: ten '�maan 7�e fRaaed Zip atCiF�♦w'tl� All Y'tv II, op, <:a11,1,, IM< 'iWculcirit or R„.nssa:tAA fscha rlivn Senior Geotechnical EngineerlQuality Control Manager, P,E„ O.E. Russell Scharlin is a senior geotechnical engineer with over 30 years of experience in civil and geotechnical engineering. Primary responsibilities include performing all aspects of construction management, geotechnical engineering and environmental studies. Mr. Scharlin has provided design and construction management services related Lo pavements and roundations for numerous structures, bridges, pump stations, freeways, tanks, communication towers and other structures. SPR Cifit: IPlrrt:ject [.xperie nce Seismic Remediation-Elevated Roadway -John Wayne Airport, Santa Ana Quality Control Manager: Mr. Scharlin was the Quality Control Manager for the seismic, retrofit of the bridge structure located at the John Wayne Airport. The project was for the County of Orange and Caltrans. The project consisted of installation of 64 steel column casings at select concrete column locations, enlargement of selected foundation pile caps, installation of new expansion joints at terminal vehicle ramps and walkways, detensioning and retensioning of slab tendons and miscellaneous pavement and sidewalk improvements. Also prepared the Construction Quality Control Plan and the Welding Quality Control Plan. Ai rd Y,lrn<'k"rNan S,° r/aadrvrtar'Slly nM/. i Q dALrdrtna'p1tl24 !Art ll (LIVB'n B.:i:.., 0t if b�. erps4ze�ererely, ( afrfiF' Jw) add 9'u q l wC haANtlr ®lt.,rit A U R d ,'craft'd I' I AJliAkl�Af1^ A H•i°or","h9 h-al � A�aYlf/,'PAroLCaA Civil l"rrf"ineca, Nfrar al" ' rcr�a'xrrt^a'+ul lnx sev"'Fri 'Plnrr nft Ar'a..J Perris Valley Line Commuter Rail Extension Project -Riverside County Quality Control Manager: Mr. Scharlin was the Quality Control Manager for quality control inspection and materials testing and geotechnical engineering services for the Riverside County Transportation Commission. The project involves a 24-mile extension of the existing 512-mile Metrolink commuter rail system from Riverside to Perris. Sand Canyon Grade Separation -Irvine Quality Control Manager: Mr. Scharlin was the Quality Control Manager for the materials testing and inspections for the Sand Canyon Grade Separation project at the 5 Freeway in Irvine. The project includes Lhe construction of a rail underpass, retdinine, walls, rdilrodd relocation, slorrn drains, utility relocations, Sand Canyon Avenue relocation, and a new pump station. Third parties involved in the project include the City of Irvine, the Southern California Regional Rail Authority, Caltrans, and the Irvine Ranch Water District. Puente Hills Intermodal Facility and Railroad Improvements -Industry Quality Control Manager: Mr. Scharlin was the Quality Control Manager for construction of the Intermodal Facility where waste will change from transportation by trucks to trains to the Mesquite Landfill in Brawley, California. The project included the construction of a new roadway corridor constructed in a trench, a new pump station placed 40 feet below finished grade, a new administration building, a new maintenance building with a below grade basement, and a 144 foot long storm drain. Ciorm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com nI r2 ,-44 '�maan 7�e fRaaed Zip A ll Y f v ]I, op, <:anl.'ld,, IM< 1 atiF��'tl� Auto Center Drive/BNSF Railroad Grade Separation -Corona Quality Control Manager: Mr. Scharlin was the Quality Control Manager for the geotechnical and materials testing and inspection services for the project which was for Riverside County I ransportation Commission and the City of Corona. I he project consists of constructing a four -lane overcrossing at Auto Center/BNSF railroad tracks. Construction required a bypass roadway, associated roadway improvements, retaining walls, storm drain, sewer line, utilities, and CIDH piling foundations. Olinda Landfill -Gas to Energy Facilities — City of Yorba Linda, County of Orange Quality Control Manager: Mr. Scharlin was the Quality Control Manager for construction materials testing and inspection services during construction of the gas to energy facilities at the Brea-Olinda landfill for the City of Yorba Linda and the County of Orange. I he facilities included the installation of gas turbines mounted on concrete slabs, a combustion turbine generator, chilled water systems, polishing systems, compressed air systems, a step-up transformer, switch gears, axillary transformers, a main building and control room, trenching and piping, and miscellaneous structures. New access roads were also constructed_ Warner Avenue Gravity Sewer Lift Station C — City of Huntington Beach Quality Control Manager: Mr. Scharlin was the Quality Control Manager for the construction materials testing and inspection and for the geotechnical and environmental Phase 11 investigations for a new lift station facility. The project consisted of the replacement of the existing Lift Stations B and C and the Sunset Beach Sanitary Lift Station with a new Lift Station C. The submersible lift station incorporated a 14 foot by 26 foot by 22 foot deep wet well. The bottom of the well foundation was approximately 26 to 27 feet below existing grade. The new lift station also included an 8-foot deep valve vault which was 1S feet by 10 feet in plan dimension, a 60 kW outdoor generator, and electrical panels. Ranger Sewer Lift Station No. 16 — City of Huntington Beach Geotechnical Engineer_ Mr. Scharlin was the Geotechnical Engineer for the geotechnical investigation and the materials testing and inspection for construction of Ranger Sewer Lift Station No. 16 in the City of Huntington Beach. The new lift station was 21 feet by 2� feet in plan dimension and was placed at a depth of 18 feet below the existing ground surface. State College Boulevard Grade Separation -Fullerton Quality Control Manager: Mr. Scharlin was the Quality Control Manager for the replacement of the at -grade railroad crossing by construction an underpass for State College Boulevard beneath the existing BNSF railroad. The City of Fullerton and the Orange County Transportation Authority (OCTA) constructed a vehicle undercrossing at the intersection of State College Boulevard and the Burlington Northern Santa Fe Railway. The roadway was lowered between Santa Fe Avenue to the north to approximately 500 feet south of Valencia Drive to the south. Construction consisted of a temporary railroad shoo -fly, a railroad bridge, retaining walls, a purnp station, pavement and utilities reconstruction. AESCO performed QA inspection and testing for earthwork, foundation installation, concrete, reinforcing steel and pavement reconstruction. CmcYHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com „➢I r2 ,-45 2at[diEll�O.��x e: ten '�maan 7�e fRaaed Zip A II Y'f v P op, <:anl.'ld,, IM< 1 atCiF��'tl� f);.i d8d .l... f'f8dpark Senior Engineer, P.E. Registered civil engineer with over 40 years of experience as materials ' ra"di testing, special inspection services manager. Responsible for laboratory and field testing services on materials such as concrete, soils, a t,fddq pme" d V, beer aggregates, reinforcing steel, structural steel, high strength bolting and welded structures. W nn 5ya;6arulFen ear C'afilnveaier hero, d'19661 bu:9edfic Piroj'ct, Fxv.,)eir RE';Irice. PC.Ovel:) Beach Boulevard water Main Extension Project -City of Huntington Beach and Caltrans Senior Engineer: Mr. Ryan was the Senior Engineer for a 1500 foot extension of a water main on Eastbound Beach Boulevard between South Warner Avenue and Robidoux Drive and West Beach Boulevard to East Beach Boulevard at Holt in the Caltrans right-of-way. The entire project was constructed at night to accommodate traffic on Beach Boulevard. The testing and inspections included the placement of all structural fill and backfill, concrete testing and inspection, subgrade and aggregate base placement and compaction, asphalt paving construction (base and surface layers), rubber asphaltic concrete, slurry backfill, and inspection of three kinds of pipe-pvc, ductile iron, concrete mortar steel lined pipe, and pvc water lines, valves, fittings and the existing lines connections. Mr. Ryan attended the preconstruction meeting, worked closely with AESCO and the Clty's engineers to provide approval of material submittals, response to RFI's, assisted In the resolution of construction matters, change orders, maintained the daily diary and the QA/QC logs. Mr. Ryan also coordinated street closure and traffic control to verify that it was in accordance with Caltrans requirements, encroachment permits, noise control, vibration monitoring, and SWPP. Dave reviewed daily work tasks with the Contractor and verified that work was proceeding in accordance with plans and specifications, alerted contractor to project requirements, verified depth of asphalt and aggregate base and measured that the roadway met the required depth of asphalt and aggregate base nightly. Also verified the trench backfill, pipe bedding and rolling and compaction of the asphaltic concrete. Tracked construction schedule and quantities of materials. Reviewed contractor payment schedule. Worked closely with the City of Huntington Beach Senior Cunslruclion Project Mdnager. Long Beach Main Pumping Plant, Los Angeles County Sanitation District -Long Beach Senior Engineer: Mr. Ryan was the Senior Engineer for the quality control inspection and materials testing and geolechnical engineering services for the conudclor for the Los Angeles County Sanitation District for the New Main Pumping Plant. The project involved a 50-foot wet well next to the existing plant along the 710 Freeway, adjacent to the Port of Long Beach. Forty separate structural concrete pours were performed below grade which required mass concrete -thermal control. Gerald Desmond Bridge Replacement -Port of Long Beach Laboratory Quality Control Manager: Mr. Ryan was the Laboratory Quality Control Manager for production testing of all reinforcing steel splices in accordance with Caltrans procedures for the replacement of the existing bridge. Sampling and testing were performed for rebar welded hoops, couplers, and reinforcing bars during construction of the foundations for the new bridge. C d�x��crm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com r, I r 2? ,- 46 2at[diEll�O.��x e: ten '�maan 7lee fRaaed Zip atiF��'tl� A ll Y'f v P opo<:a1 1,1,, IM< 1iWrK1[Cff1t or Lakeview Avenue Grade Separation -Anaheim and Yorba Linda Senior Engineer: Mr. Ryan was the Senior Engineer for preparation of the QC/QA manual and supervised materials testing and inspection during construction of a new railroad grade separation at the BNSF track. The project included railroad bridges, retaining walls, depressed roadways, utility relocations, roadway bridges, channel walls and drainage ditches. Design/Build Modernization for Terminal 1, Redevelopment Program for Terminal 7 and Modernization of Terminal 6-Los Angeles world Airport for the City of Los Angeles Senior Engineer: Mr. Ryan was the Senior Engineer for the special inspection and testing for three design/build projects at terminals 1, 6 and 7 for Southwest and United Airlines and for Westfield Properties. The scope of work included testing of the subgrade, base and concrete pavement for aprons, and asphaltic concrete tests on the areas between taxiways and utility trenches on the operation areas of the airport. Inside the terminals, concrete, masonry, fireproofing, structural steel with high strength bolting and welding special inspections were provided on a 24/7 basis during construction to selsmIcally upgrade the 45 year old structures. Supervised a work force of eight inspectors working 2 shifts per day which was required to complete the project while keeping the terminals open. Baldwin Park Pumping Plant — Ci sson Construction for Covina Irrigating Company Senior Engineer: Mr. Ryan was the Senior Engineer for the site preparation report for remedial grading of the existing Covina Irrigation Company Baldwin Park Pumping Plant in Baldwin Park, CA. Thr, existing plant is bring upgradod, requiring removal of existing fill containing misrollanonuti debris found to a depth of 6 feet below grade. At the locations of the proposed structures, AESCO monitored the removal of the existing fill and replacement with compacted imported select fill. Various School Improvement Projects -Los Angeles Unified School District Senior Engineer: Mr. Ryan was Lhe Senior Engineer for Lhe consuudion materials testing for the improvements at various grade school, middle school and high school campuses throughout the LAUSD. Mr. Ryan performed rebar inspection, foundation inspection, compaction testing and inspections, concrete testing and inspection, etc. Los Angeles Interoperative Communications System -Los Angeles County Senior- Engineer: Mr. Ryan was the Senior Engineer for numerous sites throughout Los Angeles County for the new emergency communications system. The facilities generally consist of self- supporting Lowers and equipment support slabs. The lowers vary in height up to 180 feel. Materials testing services included inspection and testing of concrete, foundations and cast -in -place drilled holes (caisson). CmcYHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com r2,-47 2at[diEll�O.��x e: ten '�maan 7�e fRaaed Zip atiF��'tl� A II Y'f v P op,I :: l 1d„ IM< 1 "YWrrlllcffit.o A'.,�N�llIITdIL®II➢tb lf), bra IYV'!'re7 Projec'r Manager Debra Perez has been a project manager for various geotechnical and environmental engineering projects for over 30 years. Ms. Perez has been project manager for a variety of projects including construction of new above ground oil storage tanks for ARCO, City of Lynwood Senior Center, new natural gas pipelines and steam generating facilities for Southern California Edison, several freeway and road projects including new embankment fills, new bridges, grade separations, pavement design and survey of existing road conditions, and new telerommunications facilities throughout California. Ms. Peru' experience includes hazardous waste investigations, supervision of the soils laboratory and preparing reports for compaction, preliminary soil investigation, distress investigation, and slope repair projects. Slp,e Ric iliobec::f Expevilenc,e, q1 vJr} VrSaBn;' d',+a it Z +ns;lneeadovt: (.vnff dernxdr'*Werdx'a d ,,,•avail, r irlr/,a+weI'l S;me f1wav, rwiv fRAm, dB,'Ich, (.'aadijod it# R. A, , k?rn.f i ,aehrt Nnavwq I R a , r a<raa�cnL '.', dJerxv.^a��aIIh�.np. 4IIdnfiiaaerae. dYtwi, 107rf Gold Line Foothill Extension Phase 2B, Azusa to Montclair- Los Angeles County Project Monoger: Ms. Perez was the Project Manager for the geotechnical investigation for drainage and road crossings for the Gold Line Foothill Extension Azusa to Montclair project for the Los Angeles County Metropolitan Transportation Authority. The project follows the right-of-way (ROW) of the old Atchison, Topeka and Santa Fe Railway's Second Division through the Foothill Cities. Belmont Pool Rebuild -Revitalization -City of Long Beach Project Manager: Ms. Perez was the Project Manager for a geotechnical and Phase II environmental investigation for the new Belmont Pool for the City of Long Beach. The project generally consists of constructing an indoor pool which is approximately 85 feet by 190 feet in plan dimension housed inside an approximately 60, 000 square foot structure. The structure will include a second -story banquet facility, locker rooms, restrooms, pool storage, offices and a basement level mechanical room. An outdoor pool with a plan dimension of approximately 85 feet by 185 feet will be located just cast of the structure. There will also be a restaurant near the southwest side of the structure. Two small pools will also be constructed; a teaching pool just south of the indoor pool and an outdoor recreation pool just south of the outdoor pool. Soil samples were collected and tested for hydrocarbon, heavy metals, volatile organics, and BTEX. Water samples were collected and tested for the presence of petroleum hydrocarbons and motor oil. Geotechnical recommendations were provided for prestressed concrete piles and drilled pier foundations. Recommendations for shallow foundations were also provided. Recommendations were also provided for a basement structure including shoring and excavation. Soundwalls for the 210 Freeway -Los Angeles County Project Monoger: Ms. Perez was the Project Manager for the geotechnical investigation for new soundwalls on the 210 Freeway in Los Angeles County for Caltrans. I he project included logging and classification of soil borings, laboratory testing and foundation design recommendations for new bridge and retaining structures and soundwalls. A geologic seismic hazards screening was also performed. Research was conducted on existing geotechnical and geologic reports. CmcYHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com <> I r 2? ,- 48 2at[diEll�O.��x e: ten '�maan 7lae fRaaed Zip A 11 Y f v P op, <:an1.'1,1,, IM< 1 atiF��'tl� Highway 330 Emergency Repair -Big Bear Project Manager: Ms. Perez was the Project Manager responsible for providing geotechnical engineering services for the road failure due to culvert collapse for the Highway 330 emergency repair in Big Bear for Caltrans. Recommendations for grout injection, open excavation construction, shoring requirements, fill backfill were provided. Auto Center Drive/BNSF Railroad Grade Separation -Corona Project Manager: Ms. Perez was the Project Manager for the geotechnical and materials testing and inspections for the Auto Center Drive grade separation project for the City of Corona and Riverside County Transportation Commission. The project consisted of constructing a four -lane overcrossing at Auto Center/BNSF railroad tracks. Construction required a bypass roadway, other roadway improvements, retaining walls, utilities and CIDH piling foundations. Calico Solar Plant Access Bridge -Barstow Project Manager: Ms. Perez was the Project Manager for the geotechnical investigation for foundation design for the Calico Solar Plant Access Bridge in the Barstow area of San Bernardino County. The project consisted of the bridge structure and retaining walls for the BNSF railroad. Storm Drain Replacement on the SR-21-Murrieta Project Manager: Ms. Perez was the Project Manager for a geotechnical investigation for the storm drain emergency replacement on the SR-215 for Caltrans District S. Supervised the laboratory testing and provided the required geotechnical recommendations for the shoring design of the construction excavation, provided construction procedures for the storm drain replacement. On -Ramp Widening, Eastbound SR-91 Freeway at Beach Boulevard -Buena Park Project Manager: Ms. Perez was the Project Manager for the geotechnical investigation and materials testing and inspection services for the widening of the Eastbound SR-91 Freeway On -Ramp at Beach Boulevard for the City of Buena Park, a Caltrans oversight project. An environmental investigation and Aerially Deposited Lead study was also performed. State College Boulevard Grade Separation -Fullerton Project Manager: Ms. Perez was the Project Manager for the replacement of the at -grade railroad crossing by construction an underpass at State College Boulevard beneath the existing BNSF railroad for the City of Fullerton. Construction consists of a temporary railroad shoo -fly, a railroad bridge, retaining walls, a pump station, pavement and utilities reconstruction. Generator Building, VA Hospital -Long Beach Project Manager: Ms. Perez was the Project Manager for a geotechnical investigation for a new single -story generator structure. Logging and sampling of several borings, laboratory testing, and a seismic and geologic review were performed. Recommendations were provided for shallow foundations. Cmcinm YHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com :,,)I r 2? ,- 49 2at[diEll�O.��x e: ten '�maan 7�e fRaaed ?2p atiFf�'f� A II Y f v P opo<:al ld,, IM< 1 'YWrwlln;ntt.o A'.,�Na�llIITdIL®II➢tb Inspector and Field Engineer, E.I.T. F re a r: n a B „„h Mr. Omar Chamaa has over 15 years of experience in the field and in laboratory testing 'r:r7rgeaojjx S.'IJYC and inspection of construction materials such as concrete, steel, anchors, soils and +I In werwp' L.noang grading. Mr. Chamaa has performed construction materials testing and inspections for dda•M1aa;Br dt.,r'.. 2'nrfd 9irr.»,dBnbe wren;;, lfilBN. multiple Caltmns and OCTA projects, which included bridges, roadways, utilities fo ndaIn - pipe Installations lift stations and retainin wall cons ct-oi Mr u , pip , g u ("✓ok'S4'oyi rcod Chamaa was responsible for construction material approval, such as: select fill, CexaB6dr. nNA„.o n,a.r foundation excavation, slope cut, steel installation, and concrete mix design for various BiPA'. projects. I le attended construction meetings to discuss material approvals, deficiencies, 1CC d rrai3Oird modifications, as well as providing final observation reports to the client. i(',ryanc;aca„ dnvsdra•cace Q dYd LAM (Mrbs Specific Project N xpe6erice � .rrrilri, zM1• g Widening of the 1-40S Freeway, Euclid St. to I-60S-Orange County, CA Project Manager: Mr. Chamaa is the Project Manager for the Quality Verification B'dexanaarf :yeoern,p;dda materials testing and inspection during widening Of the 1 405 Freeway between Euclid "nj A°rt'G Gd rulienr, Street and the 1-605 Freeway, a total of 16 miles, for OCTA and Caltrans. The widening d �"'Yplg w'vre project includes construction of now lanes on the southbound and northbound sides, xr�M1•>"°fin m'U'dkwdr 'M1BnSgfi retaining walls, bridges, etc. The testing and inspection services include a review of Q �llnrarn ra. concrete mix designs, concrete testing and inspection, concrete batch plant inspection, LCeraea9 t, dddraad �.�rc^r Ve d ,grgb:Nl pile inspection and logging, rebar inspection, aggregate testing, welding inspection, {bvp,, ,r/ 1A.r•nrdrn, r9 subgrade testing and inspection, base material evaluation and testing, compaction testing p,•,,,,.r. do dney i'fi"'C„P and inspection, and asphaltic concrete testing. Mr. Chamaa also prepared the Quality BAc.IolAir Bm ddi n,t; _ Manual for the project including all forms_ Iw'd,cclor First Street Bridge Replacement -City of Santa Ana Gr�nrv�r qd r,grrr mend Inspector: Mr. Chamaa was the Inspector for the construction materials testing and inspections during the replacement of the bridge. Geotechnical services consisted of pile Bao sgnw•rr.nn driving parameters evaluation and selection of fill materials. Testing and inspections .d d'L d rrA&p'er M1d were conducted on piles, welding, structural steel, precast concrete, concrete, asphalt d avaaerr • d'wid k" srasr{ L �A'n re aaA mix designs, etc. `'L d o- rAa'yra'r rd baanxede Warner Avenue Gravity Sewer Lift Station C — City of Huntington Beach, CA B.,rq�rtrran'.+nrp d",tdto-pr; Field Engineer: Mr. Chamaa was the Field Engineer for the construction materials testing A'f.1mm has and inspection and for the geotechnical and environmental Phase 11 investigations for a t"arlr "I L.rnab •; ',. new lift station facility. the project consisted of the replacement of the existing Lift tle'J<h ddetoi rrr'red Stations B and C and the Sunset Beach Sanitary Lift Station with a new Lift Station C. The BA pugy� hodM1drnn," submersible lift station incorporated a 14 foot by 26 foot by 22 foot deep wet well. The Batypeeg9.r bottom of the well foundation was approximately 26 to 27 feet below existing grade. The e idn` 'J/' Rel"""rsr"dr" new lift station also included an 9-foot deep valve vault which was 15 feet by to feet in leelvdytvw °„d il, qufn plan dimension, a 60 kW outdoor generator, and electrical panels. Msdnrrc.d-ae lY"wa-i'liMd liffleiadiooa 14-Inch Water Line Installation under Huntington Harbor Channel —City of 4°"agv `poveaab.�dw,e r"a {�rt'ryArnra ParuA' '. Huntington Beach, CA Field Engineer Mr. Chamaa was the Field Engineer for a geotechnical investigation for a new 14-inch diameter water line composed of High Density Polyethylene (HDPE) pipe. The length of the new pipe ranged from 750 feet to 950 feet. The pipe was installed beneath the Huntington Harbor bottom which is at an approximate depth of 20 feet below high sea level. The water line connected to existing water systems on either side of the channel. Cr MVCM YH61131 Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com aC' I I- 2? ,- 50 '�maan 7lae fRaaed Zip A II Y f v P op, <:an1.'1,1,, 1p(a< 1 atCiF��'tl� Broadcom Headquarters -Irvine Inspector: Mr. Chamaa was the Inspector for the quality control inspections for the two bridge structures during the first phase of construction of the Broadcom headquarters in Irvine. One bridge on the north side has two lanes, two sidewalks and planters and is for access to the new structures. I his bridge is approximately 180 feet by 90 feet in plan dimension. I he second bridge consisted of a pedestrian plaza with a fire lane access and is approximately 450 feet by 150 feet in plan dimension. Marine Way has been extended beneath the bridge allowing access to the Great Park in Irvine. Materials testing and inspections consisted of reinforcing steel and concrete for footings, columns, retaining walls, bridge deck, approach slabs, wing walls, Caltrans barrier rails, and Caltrans sidewalks. Pile caps, post -tensioning for the foundations and slabs were also inspected as well as the electrical layouts, falsework for the bridge deck and concrete forms. Olinda Landfill -Gas to Energy Facilities-Yorba Linda Field Engineer and Inspector: Mr. Chamaa was the Field Engineer and Inspector for construction materials testing and Inspection servlces during construction of the gas to energy facilities at the Brea-0linda landfill. The facilities included the installation of gas turbines mounted on concrete slabs, a combustion turbine generator, chilled water systems, polishing systems, compressed air systems, a step-up transformer, switch gears, auxillary transformers, a main building and control room, trenching and piping, and miscellaneous structures. New access roads were also constructed. Sand Canyon Grade Separation -Irvine Intportnr: Mr. Chamaa was tho Inspector for tho materials testing and inspectinns fnr the Sand Canyon Grade Separation project at the 5 Freeway in Irvine. The project includes the construction of a rail underpass, retaining walls, railroad relocation, storm drains, utility relocations, Sand Canyon Avenue relocation, and d new purnp sldlion. Third pdrlies involved in the project include the City of Irvine, the Southern California Regional Rail Authority, Caltrans, and the Irvine Ranch Water District. Newland Street Widening— City of Huntington Beach and County of Orange Inspector. Mr. Chdrndd was the Inspector for the conslruclion rndleridls testing and inspection for the widening of the reinforced concrete bridge at Huntington Channel. Newland Street was widened from 20 to 40 feet to 44 feet to 43 feet in width. The testing and inspection serviced included a review of the concrete mix designs, concrete testing and inspection, rebar inspection, aggregate testing, subgrade testing and inspection, base material evaluation and testing, asphalt batch plant inspection, and asphaltic concrete testing. An investigation of an existing sink hole was also performed. Coring of the existing asphalt was performed to determine the thickness of the existing asphalt. Roadway Improvements -Nichols Avenue — City of Huntington Beach Field Engineer: Mr. Chamaa was the Field Engineer for the geotechnical recommendations for the Nichols Lane in an area which included heavy trash truck traffic to provide pavement and subgrade recommendations for rehabilitation of the existing pavement. Traffic control plans and traffic control were also performed. CmcYHnial Testing/ Inspection Environmen al an Geotechnical Engineering Services www.AoscoTech.com 2at[diEll�O.��x e: ten '�maan 7�e fRaaed Zip at Al <Y f v IP op, I ::d 1 .,1,, jpp<; 'YWralcffit ora., a�lliITdLL®II➢tb (.;kwavwiIfi mill( -ail.. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. Inspet'ror fau c or I o au Mr. Mikhail, has over 11 years of experience in the field and in construction materials A., I., testing and inspection services for concrete, masonry, steel, anchors, soils, and grading. He is experienced in performing compaction testing, foundation inspections and subgrado inspection and testing. I e.: .,,i to c, ff i s . Ift I 1 0; Spe6fic Firojer f Expefier-kee 6#4,r 1'vfe� Ce'fificd Sand Canyon Grade Separation -Irvine, CA Oepwl' Inspector: Mr. Mikhail was the Inspector for the Sand Canyon Grade Separation project Y'WN400'a' at the 5 Freeway in Irvine for Caltrans and OCTA. The project includes the construction C�raAanarlffrj J'F. of a rail underpass, retaining walls, railroad relocation, storm drains, utIlltV relocatlons, 1 egcele I f, VP "ified Sand Canyon Avenue relocation, and a new pump station. Mr. Mikhail performed inspection and testing of the compaction, asphalt, subgrade, structural backfill, and foundation excavations. Ala"') wy I 'erdifi rdl Newport Force Main Rehabilitation -Orange County Sanitation District, Newport Beach, 16'1Pr'1'Jk' CA Inspector! Mr. Mikhail was the Inspector for the construction materials testing and inspections for the rehabilitation of the Newport Force Main located on West Coast 4 ( 7 1 Highway between Dover Drive to 61st Street in Newport Reach. There are two force I ',r'W'cyelc Vi'-FP mains on both sides of the street. Testing and inspections included compaction and 1,'ting Y (n hpm R.'w dcriSiLy LeSLinj; of asphalt and subgrade and concrete Lesting and inspections. ( erfificol Radrawn Inspections and testing of compaction and density testing of asphalt pavement, and "bajaj) 11"d lvdwlrrir subgrade and concrete testing and inSPeLt10oS were performed. Gave 01w"Of"d, . . ( I I fpvw 6:Wifil'.00 0/ Warner Avenue Sinkhole Emergency Response -City of Huntington Beach and County of jo Orange, CA ( owew, Inspector: Mr. Mil<hziil was The Inspector for an emergency response to assist the City of ite".4 C.'Jeww"W, Huntington Beach to investigate the cause of a sinkhole which formed in one of the main P"e.dzre)J thoroughfare,, within the City. The sinkhole was approximately 17 foot by 14 foot and 20 Fe'?0k feet in depth. The sinkhole destroyed the existing manhole, water main and multiple f"Iermalsur"Ig4h 'P/ sewer line connections. P( � (i'4hiceteu'#1 601r, Rall PcffwdrWioq In Widening of the 1-405 Freeway, Euclid St. to 1-605-Orange County, CA Inspector: Mr. Mikhail was the Inspector for the Quality Verification materials testing eya"W Coff?, and inspection during widening of the 1-405 Freeway between Euclid Street and the I- "Vampfinz" I"r,"MY 60S Freeway, a total of 16 miles, for OCTA and Caltrans. The widening project includes Ah % vJ construction of new lanes on the southbound and northbound sides, retaining walls, ( em"Wele, V'r "r, bridges, etc. The testing and inspection services include a review of concrete mix designs, concrete testing and inspection, concrete batch plant inspection, pile inspection and logging, rebar inspection, aggregate testing, welding inspection, subgrade testing P{� A fliand ( ";#Jw'n and inspection, base mal-erial evaluation and LesLing, WfoipacLion LesLing and inspeLLion, C:" l4e, and asphaltic concrete testing. Mr. Mikhail also prepared the Quality Manual for the project including all forms. V, rh If, A f a,-ed 1'. Arilawl ( "m rnr d "a. # 4 it, COMVCMLYH61131 Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 3'� I I - 52 Z, . i e .71Q/?Q01. , , , , a 7ia. 7.'c qtd&.e( ^Zf/i atiF��'fltA All<` fr IP op, <:al1',1,I Ilai,` 3 "iwrruccito 4.,, nalllhe'dLL®II➢tb I alrki C'a�: d uAAah Senior Iabwvrrary Technician Mr. Tariq Abdcdlah has over 15 years of experience in Lhe held and in laboratory LeShng of construttion I h I h I d -I T- materia s suc as concrete, Stec , asp a t, an soi s. ariq is experienced in conduction ......... testing in accordance with ASTM, AASHTO and Caltrans. Mr. Abdullah is proficient in Fenu r. ea rtBan: conducting sieve analysis, testing of asphalt concrete using Marshall Max, specific gravity It......./,,i A/oxioe�,lai- (Rice), ignition method for extraction/gradation, flow stability and moisture content from microwave oven methods. He is adept in the use of Hveem method for stability and °f+r�rcPLr °II�'y'�irrbl'c. paraffin max density for specific gravity at 2S degrees Celsius. Tanq has also tested and fabricated concrete cylinders, mortars, prisms, masonry cores and grout samples to determine concrete strength through use of the compressive strength machine; and is 9'`aotl�r saNrcnao rcstl proficient in the laboratory testing of soil including moisture content, plasticity index, t`cart^hie rcn Nice ri s. expansion, particle size analysis, R-Value, direct shear, consolidation, etc. Mr. Abdullah 1s fir if also experienced in the testing and inspection of soil and asphalt during grading. (""f raa,,: ''rp:n::rcRic P-ii abec.t Exl:aen'ad:: ic,e, Widening of the 1-405 Freeway, Euclid St. to 1-605-Orange County, CA Senior Laboratory Technician. Mr. Abdullah is the Senior Laboratory Technician for the Quality Verification materials testing and inspection during widening of the 1-405 Freeway between Euclid Street and the 1-605 Freeway, a LOLdl of 16 miles, for OCTA and CalLrans. The widening project includes cunslrucLion of new lanes on the southbound and northbound sides, retaining walls, bridges, etc. The testing and inspection services include a review of concrete mix designs, concrete testing and inspection, concrete batch plant inspection, pile Inspectlon and logging, rebar Inspection, aggregate testing, welding Inspectlon, subgrade testing and inspection, base material evaluation and testing, compaction testing and inspection, and asphaltic concrete testing. Mr. Chamaa also prepared the Quality Manual for the project including ill forms. Sand Canyon Grade Separation -Irvine, CA Senior- Laboratory Technician: Mr. Abdullah is the Senior Laboratory Technician for the Sand Canyon Grade Separation project at the 5 Freeway in Irvine for Caltrans and OCTA. The project includes the construction of a rail underpass, retaining walls, railroad relocation, storm drains, utility relocations, Sand Canyon Avenue relocation, and a new pump station. Mr. Mikhail performed inspection and testing of the compaction, asphalt, subgrade, structural backfill, and foundation excavations. Warner Avenue Gravity Sewer Lift Station C — City of Huntington Beach, CA Senior Laboratory Technician: Mr. Abdullah is the Senior Laboratory Technician for the construction materials testing and inspection and for the geotechnical and environmental Phase 11 investigations for a new lift station facility. The project consisted of the replacement of the existing Litt Stations B and C and the Sunset Beach Sanitary I ift citation with a new I ift Station C. The suhmprsihlp lift station incorporated a 14 font by 76 font by 22 foot deep wet well. The bottom of the well foundation was approximately 26 to 27 feet below existing grade. The new lift station also included an 8-foot deep valve vault which was 1S feet by 10 feet in plan dimension, a 60 kw outdoor generator, and electrical panels. COMVC YH6iial Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com a ' 1 1-2? ,- 53 2ueellii/7�5?r1e<r:tea tzar 7�e fmnaed ?2 All<Y fv II' op, <:al1,1,I IM< 3 IYL&Iralcffit. o �., a�llflTdrL®II➢tb Kay ANaN. ed ................................................................................... Program 41,tnq,ger Kay is the founder and president of AESCO Inc. She established the company in 1993 in rd,,.Ccraion: Baton Rouge, Louisiana as a drilling company, which grew to a full-scale engineering " Pcffooi firm. Kay serves as office manager and is in charge of the company's daily operations PoBd;rtlpreda r, f1anu owa, such as marketing, proposal preparation, project scheduling, client relationships and �Idmerer,drl d99gA. accounting. She has written numerous computer software programs for the organization and operation of the firm. Kay also has a medical degree in Dentistry and d'm<xfc•ss">de ad her medical knowledge and experience enables her to serve as the company's health ct', I; f i r a i;cl 41 s: and safety officer. Kay prepared AESCO's Health and Safety Manual, QualiLy Assurance &9en:"a# d°rde. rally+w Program, and oversees the operating procedures for AESCO's nuclear density gauges. /1p:.cedadd.;dea 09NIT,I '^ She also schedules and budgets many of AESCO's projects. She has been responsible for ,ti'vmd,ard l'radrddpndl; coordinating and scheduling a variety of projects such as: freeway, grade separations, d"°dtaprr r`p" lddenl'i'aia.IIen t"w,d�rty commercial, dam sites, gasoline service stations, and solid waste sanitary landfill sites. //f,_cr Indd,B h'dr:lci,n riwA ,T^' 4 r,,dd/derr 4pe6fic R° oject IF.xpeh'Heh' ce ......... .......... Pier G, Berths G230-G235 Terminal Redevelopment North Slip Backlands Development -Part of Long Beach, CA Project Coordinator: Ms. Alabod was the Project Coordinator for the construction inspection and materials testing for the redevelopment of Berths G230-6236 at Pier G, Port of Lang Beach. The new construction consisted of a marine operations building, substation housing, waterline and storm drain installations, reefer system installation, electrical/communication duct banks, substation installation, grading, paving, sail handling and disposal, and demolition of existing structures. The materials testing and inspections included soil compaction, asphaltic, subgrade, concrete, and asbestos testing_ Inspection and testing of compaction, asphaltic concrete, subgrade, rebar, reinforcing steel, anchor bolts, torque bolts, shear bolts, and epoxy anchor were also performed. Sand Canyon Grade Separation -Irvine, CA Project Coordinator: Ms. Alabed was the Project Coordinator for the Sand Canyon Grade Separation project in Irvine for the Orange County Transportation Authority/Caltrans. The project included a railroad shoo fly and new railroad bridge and CIDH foundations, retaining walls, shoring, pavement, utility installation, a pump station and building construction. Auto Center Drive/BNSF Railroad Grade Separation -Corona, CA Project Coordinator: Ms. Alahpd was the Prnjpct Cnnrdinator for the genfpchnical and materials testing and inspections for the Auto Center Drive grade separation project for the City of Corona and the Riverside County Transportation Commission. The project consisted of constructing a four -lane overcrossing at Auto Center/BNSF railroad tracks. Construction required a bypass roadway, other roadway improvements, retaining wdllb, utili Lies and CIDH piling fuunddtions. Beach Boulevard Water Main Extension Project -City of Huntington Beach and Caltrans Project Coordinator: Ms. Alabed was the Project Coordinator for a 1500 foot extension of a water main on Eastbound Beach Boulevard between South Warner Avenue and Robidoux Drive and West Beach Boulevard to East Beach Boulevard at Holt in the Caltrans right of way. The testing and inspections included the placement of all structural fill and backfill, concrete testing and inspection, subgrade and aggregate base placement and compaction, asphalt paving construction (base and surface layers), rubber asphaltic concrete, slurry backfill. and inspection of ductile iron and PVC water lines, valves, fittings and the existing lines connections. COMsyc YH6iial Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 3111 r 2? ,- 54 2uie.71Q/??Q?01 ,aten 7ia. 7.'e fmaaed ZL/i atiF��'fl�f Al <Y f D IP opo<:al 1,1,, IN,`;3 Stil.!•%nl�v'N Crn,1v'yib Laboratory Manager ------ - - - ---------- - - - ----- - &'dd+d r,;t p'8o an Mr. Steven Crumb has over 11 years of experience in laboratory testing and R''i Civil /Z"d; eexr. •e�irn (c"u mdLeridls LesLirlg such ds concrete, oleel, bulls, CMU walls, soils and aggregdte fp0;';# •.,i He is experienced in performing materials and geotechnical testing. Mr. Crumb 4'afildrvaaa"a Amer tfar✓rvaatsddi' supervises the quality control for laboratory operations and audits, has �-^wady; ki,d'd+d'dr implemented new laboratory testing including creation of fixtures, protocols and reporting, and trained staff on concrete, aggregate, soils, steel, rebar and cement 4'rn tv'i"Aa("'wyN ,� product,.. 4-•<•vval,u. a''ne/(I•,..e Specific Pirojecir. N-.Dtpeir'ieIYWctl_" s°.d.O de s. s.arJ do a:rd Los Angeles Regional Interaperative Communications Systems -Los Angeles C'' yVffV''<vdBr'a'^s: d c"'P County, CA d:dnnad uric d.laf,eaae.Ydrwq� Laboratory Manager Mr. Crumb is Lhe Laboratory Manager during construction Mrt:,tiar.,i• of the new rmrrgency communications system for Los Angeles County. The ("}need"'Ye f" Ay D'esdi"a;f system is composed of over 100 monopoles, three-legged and four -legged self - supported towers, support slabs for equipment and generators, and rooftop '... d;"Md'9art,•eu3 antennae placed throughout the County. The system will cover 88 cities and the K'daGa"fdayi"Faa:r unincorporated areas of Los Angeles County and will cover 4,084 square miles. d,rxJdaa The towers range in height from 50 feet to over 180 feet. The purpose of the : Vvr� 4:ia'.aarLhol system is to provide improved radio and broadband communication for public Sake.11D1'Y Y°a,•Ir- S ifdaa"df 11;fi safety providers. Mr. Crumb is supervising the materials testing which includes .S as cd""mafp' iA concrete, rebar, soil, masonry, epoxy, structural steel, asphalt, etc. : f'. ",ew r.'+rr�h B deer+tlau fr ; R'fhdlrir'f (. ill"redid, , Metrolink Parking Structure — Orange, CA '$:aadf d "yndir afeny Laboratory Manager: Mr. Crumb was the Laboratory Manager for the Metrohnk 14Moisea"e 'r ")nm a0 parking structurp at The Orangp Transportation Center. The new structurp w 5 : rt'f`•""""d'""''' stories high with 2 subterranean levels and provides parking for 611 vehicles. Mr diadrdadAeltar' Crumb supervised the materials testing which included reinforced concrete, f "6t®1 a'd"'.fi [ n"a".'01ndf0 ' f9 "ra,df ydr n,a4" rphar, mortar, soils, epoxy clnwpls, prestressed concrete, grout. g.p'r,-A aAa'dal ,bax.r.nr,r ddx -,P'f C ti"areag"fkaxr� .F'a sAr rc'aetra •d,, Widening of the 405 Freeway, Euclid St. to 1-605-Orange County, CA -9.9 SW f'a y Laboratory Manager: Mr. Crumb is the Laboratory Manager for the materials ti"c ". testing for the widening of the 405 Freeway for a total of 16 miles for Caltrans -yiel,, ,,i aaal'p tie, f•"tier+':a: r"rCdf and OCTA. walls, bridges, etc. Laboratory testing included soils, concrete, rebar, g:me aggregate, rebar, asphaltic concrete, etc. le"d ke.[ enS; I'ArfpAafvfd"S V �Y°(° On -Call Construction Inspection and Materials Testing-LAUSD-Los Angeles, CA ' wur J'gdw da¢eny Laboratory Manager: Mr. Crumb is the Laboratory Manager for the materials f rdapop "Gl", Afi'wy`ddoe Lesting for vdriuus projects for Los Angeles Unified School District The rnatendls ('a'wee, f testing included asphaltic concrete, concrete, reinforcing steel, masonry, 11"od'ra""rd• rt'r"er •ear.•&PifB a structural steal, high strength bolts, soils, etc. d'etceja Administration Building, Pier E-Port of Long Beach, CA Engineering Manager: Mr. Crumb is the Laboratory Manager for construction materials testing, lead construction services and selective deputy inspectinn services for the )-stnry, steel -framed office building with rooftop terrace as part of the Phase 3, Pier E, Middle Harbor upgrades. Testing and inspection services include review of existing plans and specitications, the geotechnical report, quality management plan, attend quality management meetings with contractors, Port of Long Beach and construction managers. COMVC irtyq YH61131 Testing/ Inspection Environmental and Geotechnical Engineering Services www.AoscoTech.com 3"11- 55 2.je.71Q/?Qg01 ,,ilea '�xaan Ile fxaaed ZL¢e atiF��'fl� Al <Y (DIP op,I ::d 1'4, IN'i 3 "iwrKIuito �., 31llIITdLL®II➢tb Christopher B. Sa:ap°ek Inspector Mr. Christopher J. Sobek has nver 17 years of experience for a variety of projects including roadways, new structures and underground utilities. Specific Pra'.rJect Experience Administration Building, Pier E-Port of Long Beach, CA Inspector. Mr. Sobek was the Inspector for construction materials testing, lead construction services and selective deputy inspection services for the 2-story, steel -framed office building with rooftop terrace as part of the Phase 3, Pier E, Middle Harbor upgrades. Testing and inspection services include review of existing plans and specifications, Lhe geoLechnical report, quality managemrnt plan, attend quality management meetings with contractors, Port of Long Beach and construction managers. Gerald Desmond Bridge Replacement- Port of Long Beach, CA Inspector: Mr. Sobek was the Inspector for replacement of the existing bridge structure. Sampling and testing were performed for rebar welded hoops, couplers, and reinforcing bars during construction of the foundations for the new bridge. 1-605/I1-10 Connector- Caltrans, El Monte, CA Inspector: Mr. Sobek was the Inspector for flyover connector from southbound I-60S to the eastbound 1-10 for Caltrans. The proposed fly-nver direct connector (snuthhnund I-6n5 to eastbound 1-10) would replace the existing shared at -grade connector. The project took 2 years to complete. Alondra Park Pool/Skate Park- Los Angeles County, CA Inspector: Mr. Sobek was the Inspector for the construction of the Pool and Skate Park at Alondra Park near Lawndale. The new pool is 25 meters by 25 meters in plan dimension and the skate park is 14,000 square feet. 1-405 Sepulveda Pass Widening- Caltrans, Los Angeles, CA Inspector: Mr. Sobek was the Inspector for the addition of a 10-mile HOV lane and other improvements including ramps, bridges, and soundwalls on the San Diego Freeway (1-405) and widening lanes from Lhe SanLa Monica Freeway (1-10) Lo Lhe Ventura Freeway (U.S. 101). The widening project included the reconstruction of 3 bridges, 18 miles of retaining walls and soundwalls, and the realignment of 20 on and off ramps. The project took 5 years to complete. 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Niranjanan, PE, GE Geotechni, al 1'rincihnl Emphasis • Srrcci Widcninrs and lrnprovcmcnls • New Pivanonts and Pavement Rchnhilitaziian • Project Mallagctncnl • Consn-uctio» Support Professional Overview DtAZ YOURMAN a �nxo�i xas F,ducaation 2000/Masicr of Civil FngInccl-ing/Civil Lnginccaing/Wash;nglou SLaLc LJn;vcr,;Ly 1997/11achelor01 Science/t';vil Ell gineerIII g/Jill vcr,ity of Peradeniya Sri Lanka Professional Registration 2009/Geoicchuical Engineer/CA/2819 2004/Profcwonal F.ngincetiCA/07023 Mr- Niran-janan is a registered geotechnical engineer with 20 -yeats of geotechnical engineering experience, including sfrecl wide»;»gs, highway in,pruvenlents, soon(] wills and rclaininl; walls, bridges, ln-adc separations, bike paths, pavement evaluation and rehabilitation, buildings, and other transportation Infrxxu-ucunz: p-ojccls_ He ha. uxmlinalui, pr_n-fininul, nr dirccl.:cl gcoLcclrnic(I ;nvcsligauorls for over 200 projeus, many ofwhich havebeen tixCities in Orange, Los Angeles, Riverside and San Bernardino Counues- 14c has pactical cxpca ictice in all asp(uN (deign and con tructionl ofgciucchnical cng;nccring, including N;lc sciccrlon, held iincstlgahons, cirginucling, analyses, rccollnllendarnns, construction obscrvatioll and Icsting, and preparation of geotechnical reports and rccinunucndations- Professional Experience OCTA OC 5ireel 5ireelear, Orange Coi nrV, CA—Gcolvchni(,al »,:1»:Sgc1 for 11,c (Icsigll and wnsh-mlion of a two -track streetcar system fionl the Santa Ana Regional Transportation Center (SAR IC) in Santa Ana to file prl1po.8Cd Regional Tran,ll Coll»ecto» and Sianoll 111 Garden Cirm c, approximately 4 rTI1lc5- The prlllCcf also inquires design and construction of maintenance and storage facility and two new bridge suuclurea- DYA provided a geotechnical investigation liar the entire alignutent, including soil borings, laboratory analysis, engineering analyses. and preparing reports; they also p:7fonned all envirolnnenlal site assessment in OCTA', Pacific Electric. Railway right-of-way tiont Harbor Boulevard to Nordl Raitt Street. Mi. Niranjanan reviewed existing gcotcchnicaUgculogical data, coordinated pelrnilling process for geotechnical encroachulent permits flour various agencies such is OCTA, City of Santa Aua, and County of Orange, ulordulated subsurface explorations, assignied laboratory Wsling performed m irtcoring analyse., attended design meetings, prepared repoils with geotechnical reconuucirditions, and is providing direction I or construction obscrvarion :CrviccN- MWDOC Seismic Iketrolit Projeet, Fountain Valley, CA — Geoteclulical manager for engineering and cunsundion mauagcntcnt services till a seismic rcilofit of MWDOC's Admirlistlatiun Bluldirig locatcil in Fountain Valley, CA. DYA's scope of work include(] spectral acceleration parameters tot two ground motions- W Nnanjanan pitpareLI a technical memorandum sunvnarizin� the seismic design parameters - Edinger Avenue over Santa Ana River, Santa Ana, CA — Geole( hIlICal plajecL engineer for widening the existing Edinger A venue Rridge ova the Santa Ana River- The hridge is IOeateCl within Lhe County ol'Orange jurisdiction; the City of Fountain Vallcy boundary is inunediatcty west of the bridge and the City of Santa Ana boundary is inunediately cast ofthe bridges The existing bridge is a7-span sit ucutre that is approxin,atoly 300 fe t long and supportcd on piics. Associatcd roadway 1111provenlCllls on Edingc'I Av mLle and rctarning walls up to 12 fit high were proposed west of the proposed bridge widening- The Santa Ana River is concrete lined at dic bridge location. DYA's scope of services included reviewing geot,;ehi ical data, performing geotechnical exyloranona, conductin, laboratory testln_, oerfol'n1nC en6neerinf4 analysis and ret)o11ing,. DYCf{y(i b&nijl omplcred on r;mc and on hudget. Mr.2Nira1fp$1;111 dlvVJOicd and coold7l iMM02-9tield investigation and analyses and prepared the geotechnical repots with recommendations. DtAZ YOURMAN a �nxo�i xas Irvine Trahuco/Reminglon Trall➢c Signal, Irvine, CA— QA/QC'rcvicwc-i fora ptujctt to install llcw traffic signal pole;, provide new pavcnicnt, and widen the Ic❑-turn lane pockets along Tr'abLLCo Road, which will rcquitr it rclaitling wall. DYA provided a gCOICChnicl illvcstigalioll, illchulhtg data review, substrfacc investigation, laboratory testing, eng.inccriri2 analvscs, and a report with recommendation; for geologic and seiSnriC hazards site preparation and grading, foundation types and allowable bearingcapacity, estimated total and differential foundation settlements, resistance to lateral loads, pole foundation, new paventenr thickness, and soil Volrro,9ion potential. Mr. Niranjauan provieletl QA/QC' review of the report and rocvmmendt[iong. Norwalk Foster Road Rehabilitation, Norwalk, CA—Geotechnical manager for project to tel abilitate the pm nicru frum Sludebaker Road to Pionecl- Roulevard. The design included p:waneni rehabilitation strategies, signing and sniping, trattic signal loop detectors rephCenlent, utility coordination, storm drain inlet CPS, upgr:ule ADA ramps, spot au-h and qultcrroplacerua u, and .put sidewalk repL•aeernuaL. Mr. Niranjauaan provided project direction, developed the field invesugauon program, reviewed the engineering analyses and provided recor inicndations in the geotechnical report. Bristol Street & Baker Street Intersection Improvements, Costa Mesa, CA — Gcotcclurical marlagcr for ncc addition of n thin] eastbound and wcsrhound ihrolgh lane oil Bako- Strecr approximately 200 fect lung. in both directions west of ncc intersection of Bristol Strcct and Baron Strcct. DYA peribnncd a subsurface invcstigarirn, labirratirry testing cng,inecring analyses, and a geotexhnical report with reconlnicndltirnls for cardiwork and grading, corrosion potcnlial and new licxiblc and rigid pavcnicnt actions. Mr. Nirauj;n;n developed and coordinated the field investigation and analyses and prepared the geotechnical report with rcccllrnmlCndatonS. Washington Boulevard Reconstruction, Commerce, CA — Geotechnical project engineer tit final elwineering and designs recommillendaliOils for ;t road widening all(] pavement rehabilitation project along Washing[otl Boulevard that extends from the T-5 freeway on the easr to the City of Comrnerce'S westerly limit, approxirnaLcly 350 feet west of Indiana StnCL. DYA sa-vicos inductor contluctinu. a field exploration including soil borings and lillling weighl dellectonieLer Swdies, pertorming laboratory testing, perlimnning engilrecring anal,vses to rlcvcloli pavement and earthwork recornrnerida6011s, and preparing a reparL with final design reconmicnckuions. Mr. Niranjauan provided clitxtion for Lhc field invcstigaLion, reviewed the analyses, and assisted with preparing the report_ Mitchell Avenue Storm Drain, Iustin, CA — Gcotcelurical ptujctt tngincei for the proposed Mitchell Avenue scirnn drain and Stlrer Irhabilita[icn project, bctwcai Newport Avenue and Rcd Tlill Avenue. The projcct was approximately 2.600 feet long and consists of the construction of storm drain laterals, the lining - in -place (if the existing storm drain, and rehabilitation of the pavement surface of Mitchell Avenue. The scope of work in eluded an RO'sttrnn drain, OOrinceti on of Cxislillri Catch basins to new stone drain, new curb rCltmS and handicap ri nmps asphalt conciete rehabilitation with new, asphalt surface course overlaid oil the Street, and removal and rephawnlciltof damaged sidewalks and traffic signing and striping. DYA conductcd :a geotechnical investigation and prepared a repot with recommendations regarding pavement design and rehabilitation, type and sirciwill of Wnercic to be used for structures, any special trenching requirements, and otlier recommendations for the construction ofthe project_ Mr. Niranjauan peformed engineering analyses and input to the rcporL ruomTncndxttious. Gisler Avenue Rehahilitalion. Costa Mesa, CA — Gcoicchnical unanagcr for Lhc rccollAnIcLion of an approximately 4,500-foot-long, roach of Gisler Avenuc, firms Harbor Boulevard ro 100 fccr wcsr of Nchrn*il Place. Soil conditions, free roots, and utility work conitibulcd to the deterioration of sccrions of pavement. curb and gtttter. and sidewalk. The prirjcer consisted of roadway reconstmenoo and storm drain replaccinctit_ DYA conducted a SLrbSorfacc. 1nvCStigatlon and perlOIDA'd laboratory testing and Cllglnccring analyses to provide geotechnical input for the design of the project_ Mr. Niranjauan provided projcct direction and dcvckeaac:drtnuadutions ;aid rcconuncndations rciz;udinu oavoincntt0miclnicss. site orcoaration aadctmdina. and Jorge G. Sandoval, PE, GE Senior h'ield Y.'n��ineer Emphasis • C'.onstructioti ObServatlon • Ground Improvement • Materials Testing Professional Overview Mr. Sandoval has over 30 years of axpericncc .I• ln.. I it ,. t I DtAZ YOURMAN a �nxo�t xas Education 1977/Bicthdor of Seicnec/Cmt Lngiacemig/National A LLI.n JrnUlL1 tJ n i vci c i ty al Mcaico 19F2/Maslcr,rr, Civil Ile>;inceiim;/Soil MecL;mica/Nal4xml Autanomum tJniocr-Sty ill MCXiCO Prolessioual Regisiraliuu LA_K Socutiry Bidgc. A1299 18S GeorMmical Fnginect/( A/2899 2(I(16/P,,)I s iuual Lrl41r]CCl-/CA/Cn9876 2011/1'. ngineei In Ii)inin /C'A/A1271859 Trmrspnrtntinn Wnrkur Llcrrificnti Oil (_I dCIITi nl/C'A/ pu nnlnn9 hc.ccu nc 1 mt r.gaus ms arc analyses, con3hFuclion obscrvalion. ;oils and material, tcsung, and quality conu'ol and qualily assurance (QA/QC'). TTe has analysed and designed shallow and deep lixmdations tit residential and indusuial projects; analyzed lateral earth pressures for Shallow and deep excavations, 1nClUding stomi drain pipeline and stone water pumping plants for water municipal projects; perfonnal slope stability analysis for u-anspumiliun projects; reviewed gcolechnical and geological reporla and grading plans; munilorcd technicians' performance on soil grading and field density le ling projeo(s; evalua(ed soil: liquefaction for water municipal projects; and performed quality control and quality assurance during deep ground improvement, including deep soil mixing, stone columns, vibro-concrete cohmmS, cement grout injection, and deep dynamic compaction (L)LK'). Mr. SanduvaPs cxpaicnec covers a varied range of pr)jecu. including highway`;, ti-ceways, parking lot structures, bridge foundations, airport runways, polls, high rise huildingu, comimn-:ial, irtduslrial, housing{, slnraI=c I.mk&, carlh :ilyd rock damn , mocharrically slahiliscd embankment walls (MSE walk) , stream channels, storm drains, sewer lines, and water treatment plants. Professional Fxperience OC:TA (IC Street Srreerear, Orange Couoly, CA — Senior field engineer for a Iwo-mtek sn'eetear syylcm from the Santa Ana Regional haiisportation Center (SARI'C) in Santa Ana to the proposed Regional Transit Conrlccliun and Stafiou ill Ciardnl Grove, approximately 4 roils.. The prujcet also included design and consuoctiun of maims lance and storage facility and Lwo new bridge suoaurw. DYA prodded it geoicehnical investigation for the entire alignment, including soil borings, laboratory analysis, engineering analyses, and reports; Ihcy also performed an cmiromnculal site assessment in CICIA's Pacific h1cciic Railway riglrt-of-wav from harbor Boulevard to NotTh Raitt Street. Mi. Sandoval observed excavation. backfill, and compaction operations for footings. He provided soil irnprovcmenl re omnlcnda(ions. RCTC 1-15 Express Lanes Design -Build, Riverside County, CA — Senior field engineer tier design -build Project to improve traffic Ilow and Induce congestions on 1-15 between Cajalco Road Interchange and SR- 60 by constructing two trilled express lanes in each direction. DYA's scope of work included geotechnical investigations for Al roodway sections and preparation of Materials Reports, Gut(cxhnrcal llcsign lkcpors For roadway aoctiuny and yuundwalls, and Foundation Reports fur retaining wally. Most improvcmcnis wore wirbin Caltrans right-irf-way, with a miijotiry, of improvemcrus occurring within existing 1-15 median. Mr. Sandoval performed field services, including data review, permits, soil borings, and infiltration testing for roadways, retaining walls, sound walls, and overhead signs. Me(ro Expo LRT Slorm Drain Proleclion Exaluadon, Los Angeles, CA — Projcct cligincer for addi IiollaI services to mil uale the effeel s of the proposed T.a Rrca and Tit Cicnega Acrial Sit ucita c appro;tch omhCrj Q���y jjnrs of the proposed I I project im an2c$i;4i$gladp"1It Cotlnry (if 1,os7y6921021tornl DtAZ YOURMAN a �nxo�i xas drain. DYA s tasks consisted ofrevicwing existing daut and aunnlarizing our nlgincctiug analyses, which provided eslimales of additional lateral su-esses on the slUnn drain using simplified medwds, additional lateral guesses im the Storm drain using finite element analyses, and evalllation of var iniq ground improvement schemes to reduce the additional lateral stresses, tnduding deep soil mixing and chernical gf011t infection. DYA provided recommendations oil the impi'ovemellt of tile subgrade ill the LR-T's right- of-way. Mr. Sandoval provided construction observation doling the fnound improvcutcilL. Measurements during cuns0110iun conlnmed DYA's calculations. LAX Design/Build New Central Utility Plant (CUP) Construction Services, Los Angeles, CA— Project engineer fur ohscr-valion services doting construction for shoring; earthwork (excavation and reurmpactiun of existing uncertified till, and backfill of deepened spread foomil-s for replacement CTJP); foundations (deepened spread footings for replacement CUP and cast -in -drilled -hole [CIDII] pile foundations for replacement cooling lowers/maintenance building); and utility trenches forconduit connecting replacement (Uf' to the replacement cooling mwers/maintenanec building and to the City of Los Angeles Department of Water and Powcr (LAT)WP) TS2299 sl;16011 Mr. S:mdoval provided consu-uclion uhserraitiun during shining, site preparation, excavation of uncertified till, placement of fill and hadttill, ciunpaction, foundation installation, and prepared reports. Empire Avenue / Buena Vista Crade Separation Horizontal Directional Drill (HDD) Backlill Construction, Burbank. CA — Project cnglncer for construction obsci-vatlon and tcsnng services for two hotizonurl directional drills (HDD) to reroute underground utilities on the Empire Avenue / Bucna Vista Grade Separation project that was amtbinedwith rho widening of Intersrlte 5 by Calu,lns. 'fhc I I DUB wcrc approximately 900 foot long and 10 foot drop and 2,800 foot long and 60 foci deep. DYA had previously performed a field investigation and laboratory testing to provide recommendations for the IIDDs. Mr. Sandoval performed the field services. Northridge Fashion Center Yard House and Exlerior Plaza, Norlhridge, CA— Projcu cugiuccr for ubservaliun and testing during rtrthwork at the Northridge Fashion Center Yard House Hxterior Plaza. I he inlprOvunents to an Oxisring retail ,hopping mall inebided irnprovernents to ai building space for a restaurant, a Vc)licic nuniel and ramp with Portland cement conuetc (PC'C) ;lab -on LIrade, ramp retaining walls, backfill of an old basement_ landscape areas, light -pole foundations, runoff retention and infiltration sysrcmn it grease imetccptor tank. and excavation and miscellaneous grading excavations and backlil)s lbr plumbing, cicOt-ical utility lines, concrete Ilatwork, landscape, and harclscape (c(4ts and tills less than 2 fool)- The purTmse of DVA's scrviccs turimt construction was ul chock Ihai the soils cxpoticd wcrc consictcut with the coil Conditions upon which DYA's recommendations wcrc hasedl dud to check that tltc construction operations were performed in a manner consistent with the intcut of the plans, specifications, City of Los Angeles grading code, and DYA's Design Report. Mr. Sandoval provided geotechnical observation and testing during construction. Hear Berths 136-139, Terminal Buildings Construclion, Port of Los Angeles, CA — Field cugiuccr during con;uuctiun of the buildings and pedlesni:an bridge. DYA provided gcurechnical invesligetiun somcce at this site, including a field investigation and recommendations tnr Crrnsuvctiim. The Port of l.os Angeles (POLA) wanted DYA lobe the geotechnical engineer of record and ut prepare the cmnPaIdlon and pile driving/installation observation reports for City of Los Angeles Department of Building and Safety (LADB&S) approval. Mr. Sandoval served as the regist.7cd deputy inspector to observe the POLA slaff per-fonn field density testing; observe the earthwork atbuilding and palestrian bridge locations; and observe for tlizlli le �wuinsutlauo❑ — 60 16` 2021 site All Y fd IP op, <aanl.'ld,, IM< 1 APIRll:AMIDI,X B IFOIRII S Ciorm YHuiol Testing/ Inspection Environmental an Geotechnicol Engineering Services www.AoscoTech.com 2at[diEll�O.��x e: ten '�maan 7�e fRaaed ?2p . .... _... -- Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS N)N-(_'QI I IJ_5 ION_ A I 1 I DA V IT (Title 23 United States Code Section 1 12 and Public Contract Code Section 7106) 'ro the CITY OF SANTA ANA DEiPARWENf OP PURI.A' WORKS lit accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf, of, any undisclosed person, partnership, company, association, organization, or corporation; that the hid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or chant bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sharn bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in tire bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof-, or divulged information or data relative thereto, or paid, and will not pay, any fee, to any corporation, partnership, company association, organization, bid depository, or to any member or a!oenl thereof -to effectuate a collusive or sham bid_ Note: "Ihe above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on tale signature portion tllereof�5haR-also constitute signature ofthis Non -collusion Affidavit. BIDDERS arc cautioned thti{.nlakiing a false certification ntay subject the certifier to criminal prosecution. Signed _- State of California County of Cif i tic..._ Subscribed and sworn to (or affirmed) before me on this L L day of, �i,k 202/j by L11�o 11_- L LA. C_J -, proved to me on the basis of satsfactory evidence to be the per, m(s) who appeared before tile. ` Lire Yitary Putt;iic gfia ure Notary Public Seal _ axe arm gev;x4�. i n Nnt wntun 11 A Ni/�n n rev �111�Y( i01r J���.mo�v,mvM�ompwa^wmwa'm�"�owo..uwr•9 City u City of Santa Ana P Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS tic prospective participant certifies, by signing and Subnntfing IhiS bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriatcxl funds lktvc been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer -or employee or any tederal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in umlleetiorl wirh the awanling of any fedpril cowiaet, the malting of any fedelol pant, the making oI,any federal Ioan, Ill attainq into ofany co(pasl.l Ve afa-cern.:nt, alld the 0XL-l1 1011, continuation, renewal. amclldracni. or modification of any federal contract., gent, loall, or cooperallvc agrIXlmclll. 2. Ifany finds other than federal appropriated finds have been paid or will be paid to ally person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Ctmt,russ,anoflica-orctllployccofCon"I'C's,orancrnployccof,;)Mctnhcrof,(;ongttseit) connection with this fedo-al contract. ,rant loan, loan or cooperative agreement, the undersi�med shall complete and subrait a "Disclosuurc of Lobbying tActivitics". This certification is a material represclttation of fact upon which reliance was placed when this nansaction was made or entered into_ Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, 11_ S Coda Any parson who fails to file the roquired ccrtif ication shall he subject to a civil putalty of nor Icss rlrau $10,000 and nor more than $100,000 for etch such failure. Ilie prospective participanl also agrees by submitting hi,, or her bid Or proposal that he or she shall require that the language of dris certification be included in all lower tier subcontracts, which exceed $100,000 and that all Such sub recipients shall certify and disclose accorchngly Firm AF'::i;Glf ) �i ned and Printed Name: Tide Ir�rC :idullt y_ 17 20 Date Lay Ala[A'd Citv Coutacil 21 — 63 716/2021 City or Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant tin- employment because of race, color, itligion, sex, or national origin. The Consultant shall talc atfirniative action to ensure that applicants are employed, and lhal 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; recrininicnt or rcerrianicnt advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, inchicling apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for eniploynicnt, notices to be provided setting forth the provisions of this nondiscrimination Clause. 2. The Consultant shall, in all solicitations of advertisetncnts ti?r employees placed by or oil behalf of the Consultant, state that all qualified applicants will receive consideration for anploynient without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/slit has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives ol' the Consultant'~ connniLill ents under this aection, and shall post copies of the notice in conspicuous places available to crnployees and applicants ]'or employment. 4- The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the. rules, regulations, and relevant orders ol'the Secretary of Labor. 5. The Consultant sliall furnish all information and reports required by L.XCClltiVe Order 11246 of September 24, 1965, and by rules. regulations, and orders of the Secretary of 1 abor, or pursuant thereto, and will pennil access to his/her books, records, and accounts by the adniini tering 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 Consultant's non-compliance with the nondiscrimination elapses of this contract or with any of the said rules, rcgtdations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for fiatlicr Government contracts or federally assisted construction contracts ill accordance with proccdures authorized in Lxecution 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 ride, regulations, or order ofllie Secretary ol'Labor, or as otherwise provided bylaw. 7. The Consultant shall include the portion of the sentence ininicdiately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Citv Council 21 - 64 716/2021 City or Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Scction 204 of Excadi%C Order 11246 of September 24, 1965. so that such provisions will be binding upon cacti subcontract or pttrchae order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is thrcalcncd with, litigation with a sub -Consultant or vendor as a result 01' such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Scction 1735, as added by Chapter (143 Stats. 19 9, and as amended. No discrimination shall be made in the employment of parsons upon public works because of race, religious creed, color, nalional origin, ancesu-y, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Consultant of public works violating, this Section is subject to all the penalties imposed for aviolation of the Chapter. Signed- '. Title. Finn: Hate: b-17-20 Citv Couircil 21 — 65 71612021 City or Santa Ana RFP Page A3-4 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS fhc prospective participant certifies, by signing and subnnuing this bid or proposal, to the best of his or her knowledge and helief, that: No federal appropriatc d funds have been paid or will be paid. by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employed of a Metnher of Congress in connection With the awanling of any fedora] coimacr, the maki ng of a ry fulcra] graw, the making oI,ally federal loan, the chnuirig iuto ofany coopu-ativc afTcetucnL, and Lhc cxtctl,hY1 I, continuation, renewal. atmcndnlcni. or modification of any federal contract, grant, loaf], or cooperativc agreenwril. 2. if any fiords other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to inthience any officer or employee of any federal agency, a Member of ('on roe , an of toot or cnlploycc of ('nnnrc s, or an employee ofa. Mermhcr of ( ongr oss it) connection with this fcdoal contract. ,n ant loan, loan or coopa-ativc agrranalt, fhc undcrsi mtxl shall complete and submit a `Disclosure of lobbying tAcLivitics". This certification is a material representation of fact upon which reliance was placed when this mansaction was made or entered into_ Submission ofthis certification is a prerequisite for malting or entering into this u-ansacuon imposed by SecLion 1352, Title 31, I1_ S Coda Any person who I'ails Lo 11110 the mquircd certification shall be subice.t to a civil poialry of nor lcs drew $10,000 and nor more rhan $100,000 for each such frilUn:. .I he prospeclive participant also agrees by submitting his or her bid or proposal that he or she shall I require that the lallgl.lagC of [his certification be included in all lower tier SLIbGnntracts, which exceed $ 00,000 and that all SLICK Sub recipients shall certify and disclose accordingly - Firm Diaz Cnn,nitants, lna dha Dial-Ynlnman & AssoeiatcS igned and Printed Name: Christopher M Diaz, PE, GE Title Presi Date September 29, 2020 Digitally signed by Christopher M Dlez, FL GC Data- 2020 01) 2_) 15=49:16-0/'00' Citv Council 21 — 66 716/2021 City or Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant lbr employment because of race, color, itligion, sex, or national origin. The Consultant shall talc atfirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard io their race, color, religion, sex, or national origin_ Such action shall include, but not be limited to, the following: employment, upgrading, deniotion, or transfer; recrttirnent or rcerrianicni advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, inchicling apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for eniploynicnt, notices to be provided setting forth the provisions of this nondiscrimination Clause. 2. The Consultant shall, in all solicitations of advertisements ti?r employees placed by or oil behalf of the Consultant, state that all qualified applicants will receive consideration for amploynient without regard to race, color, religion, sex, or national origin. 3. The Consultant 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 ol' the Consultant'~ conniiiLill enis under this aection, and shall post copies of the notice in conspicuous places available to employees and applicants fur employment. 4_ The Consultant shall comply with all provisions of Executive Order 11246 of Septeniher 24, 1965, and of the. rides, regulations, and relevant orders ol'the Secretary of Labor. 5. The Consultant sliall furnish all information and reports required by L.XCClltiye 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 adniini teling 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 Consultant's non-compliance with the nondiscrimination elapses of this contract or with any of the said rules, rcgtdations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Cunsulhmt may be declared incli.gible Rrr fiuther GUva711nenl contracts or federally assisted construction contracts ill accordance with procedures authorized in Lxecution 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 ride, regulations, or order ofllie Secretary ol'Labor, or as otherwise provided bylaw. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 21 — 67 716/2021 City or Santa Ana RFP Page A3-3 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 ptuvhasz order as the administering agency may direct as means of znfa'cing such provisions, including �anctit» is Im noncompliance; provided, however, that in the evenl the Consultanl becomes involved in, or is lhrcalcncd with, litigation with a sub-cunsultall t or vendor as it result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. PL Snam to Calil mia Labor Code Section 1735, as added by Chapter 643 SLaLs- 1934, 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, manual ,talus, or sex of such persons, except as provided in Section 1420, and any consultant of public. works violating this SeetlUn is subject to all the penalties imposed for a violation of the Chapter. Christo her M Diaz, PE, GE ""14y gn` by(nr,Q0 h,rMD1`Pr "' Sighed[ p D-it,: 211)L9 i:514v 117'Im' Title: President hinn: Diaz Consultants, Inc. dba DiaZ•YUUmian & Associates Date: September 29, 2020 Citv Council 21 — 68 71612021 City or Santa Ana RFP Page A3-4 EXHIBIT C SCnPdL,eofFees CffeeLive,anuary2021 AE.SC0 AESCO Proposal No. P6513 Santa Ana Materials Testing and Special Inspection Services AESCO Fees Schedule for None -Federal Work Professional Staffing 5-27-21 Cost (per hour unless otherwise noted) P100 Princlpal Professlonal Englneer...................................................................................$ 200 P101 Senior Geotechnical Engineer .....................................................................................5 185 P102 Project Lngineer/Manager ........................................................................................$ 160 P103Geologist .......................................................................................................................$ 170 P104 Quality Control Manager.............................................................................................5 160 P10s Senior Staff Engineer..................................................................................................$ 1SS P116 Health and Safety Officer............................................................................................S 185 P115 LA CiLy DepuLy Methane SpecialisL.............................................................................$ 135 P107 Laboratory Manage r............................................_............_.............._............_..........5 120 P108 Laboratory Technician.................................................................................................$ 105 P109 CADD0perator/Drafts person.....................................................................................$ 85 Pilo Data Processing, Technical Editing or Reproduction.................................................$ 85 P111 Expert Witness Testimony...........................................................................................$ 420 P112 Certified Payroll,perhr...............................................................................................5 155 P112 Senior Staff Environmental Engineer..........................................................................$ 155 P114 Senior Environmental Engineer..................................................................................5 18S Field Technician Cost (per hour) T150 Special Inspector (Reinforced Concrete, and Masonry .............................................$ 11S T151 Special lnspector(StrUctural Steel, Drilled -In -Anchors .............................................$ 115 T152 Special lnspectorforWelding .....................................................................................5 115 T153 DSA Class I Inspector ....................................................................................................$ 135 T154 DSACIassllInspector ..................................................................................................$ 125 T155 Special lnspectorforFireproofing ..............................................................................$ 115 T156 Special Inspector Load Tests or Torq ue/Solt)............................................................$ 115 T157 Special Inspector Re bar Sample..................................................................................$ 115 T158 Special Inspector. Pachometer_..................................................................................$ 115 T159 Senior Asphalt Placement Technician. ... 115 T1G0 Asphalt P lace ment Tech nician ....................................................................................5 115 T161 Asphalt/Concrete Plant Technician.........................................................................._$ 115 T162 ACl/CaltransTechnician..............................................................................................5 115 T163 Snninr Snils Technician................................................................................................$ 115 T164 Senior Grading Inspector. .... ......... .................................................. - ... 115 T165 Staff Grading Inspector............... 120 T166 Soils Technician........ 115 T167 Pile Driving Inspector ...................................................................................................5 125 T169 NACECoatinglnspector...............................................................................................$ 135 until 21 — 69 "' '' " ''T`fBr/2021 11,�/ ' W r ri0 1'ifJ and C "�,. i t AESCO T170 T171 T172 T177 T178 T179 SCnPdc e of -ees EffeCL ve,anuary2021 Fie IACoring Technician ................................................................................................$ 115 Nondestructive Examination Technician, UT, MIT, LP ................................................$ 120 Structural Steel Fabrication lnspector(AWS)............................................................$ 120 Senior Environmental Technician...............................................................................$ 125 EnvironrnerAdl Technician..............................................................................._..........$ 120 BuildingInspector........................................................................................................$ 130 Fabrication Shop Inspections Cost (per hour) 1113 Structural Steel Inspector (IC( 0)................................................................... ..... ..$ 11S T174 Structural Steel Inspector(AWS)................................................................................$ 115 T175 Batch Plant Quality Control Tech nician/Inspector..................................................... 115 T176 Reinforced Concrete, Prestressed Inspector.............................................................$ 115 Field Inspector/Technician Hours No Work Performed (Work Cancelled)..........._............_....................................................... Minimum 2-hour Charge All field services charge..._............._........................................................Minimum4 and 8-hour Charge Thereafter Reeular Work Hours First 8 hours, Monday through Friday, between 5:00 am. to 5:00 p.m. Direct Project expenses outside services will be charged at Cost+ 15%. Time and One -Half Any increment pastfirst 8 hours through 12 hours, Monday through Friday First 12 hours on Saturday Shift between 3:00a.m. and 5:00a.m. Double Time Any hours past 12 hours Monday through Saturday, all day Sunday and Federal Holidays Field Analysis Cost (per hour unless otherwise noted) G200 Soil Boringwith I ollowStemAugerDrillingPortal toPortal, perhour........_.........$ 3,05 G201 Backfill Boreholeswith Bentonite, per foot...............................................................$ 25 G202 Backfill Borcholcswith Grout, perfoot ......................................................................$ 35 G203 DrumrningandDispnsalofClean Cuttings, perdrum............................................._$ 390 G204 Fire Water Buffalo, pet day.........................................................................................$ 550 G2uSSupport Truck,porday................................................................................................$ 1S0 G206 Water Truck, per day.... ... ...... 450 G207 Mobilization and Demobilizationfor Rock coring, each ..........._ ................._...._.....$ 1150 G208 Ruck Coring, Per hour..................................................................................................$ 455 G209 DecontaminationofVehicleandEquipment, each ...................................................$ 300 6210 Field Resistivity, upto3arrays,maximum distance of40ft.,each ......._..._...........$ 1800 G211 Environmental Soil BoringwithHollowStcmAugcrPorraltoPortal, perhour...... 5 425 until 21 - 70 ` "4' " r7`fBr/2021 ' ',�/ ' iv r Or" itJ and C "�,. i r SCnedc'.eofFees EffeeLive,anuary2021 AESCO G212 Environmental Soil Boring with Direct Push Portal to Portal, per hour ...................$ 380 G213 tnvironme.ntelGrourid water SaInplingwith Grurid fos,PortaItoPorta1,per hr.....$ 2/S G214 EnvironmentaIAnalysisofsoiIforwaste cIass ification,persarnple ........................$ byquote G215 EnvironmentaIAnalysisofIiquidforwaste class ification,persample....................$ byquote G21G Grourid Resistance Tester(Four Point Method),plustravel............. ---- ... ...... ...$ 1700 G217 Potholing, two -ma n crew,perhour...........................................................................$ 575 Mix Design Review Cosl 02S0 ReviewofConcrete Mix Oesign..................................................................................$ 160 D2S1 Review of Grout Mix Design........................................................................................$ 160 D252 Review of Mortar Mix Design.....................................................................................S 160 D2S3 Review of Asphalt Mix Design.....................................................................................$ 200 Sample Pick-Up/Hold Cost All hold samples are charged atthe same rate as the testing rate U303 Technician for Specimen pick up, minimum 2 hours, per hour ................................$ 105 U204 Vehicle, pertrip(Up to 100 miles)..............................................................................$ 70 Field EauipmentCharees Cosi E3S0Brass Mold, each ..........................................................................................................$ 20 E351 Concrete Air Meter, perday ........................................................................................$ 50 E3S2 Concrete UnitWeight (Scale, Bucket, Rod and Mallet), per day ..............................$ 30 E353 Field Vehicle Usage, pertrip (Upto 100miles) ..........................................................$ 70 E354 Concrete/Asphalt Coring Equipment rental per hr, min 4 hrs and 8 hrs after........$ 190 E3SS Fire proofingAdhesion/Cohesion, per test.................................................................$ 20 E356 Hand Auger Equipment,perday.................................................................................$ 125 E3S7 Level D Personal Protective Equipment (PPE), perperson per day ..........................$ 40 E358 Liquid Penetrating Consumables,perday..................................................................$ 30 E3S9 Magnetic Particle Equipmentand Consumables,perday........................................$ 40 E360 Ultrasonic Equipmentand Consumables,perday.....................................................$ 65 E361 Nuclear Density Gauge Usage, per hour....................................................................$ 18 E362 Compaction Test, per location/pertest _..............................................................._..$ 20 E363 Portable Concrete Laboratory not including Technicians,perday ..........................$ byquote F164 Parhnmrlrr(Reharl-ncator),perday........................................................................$ SS E365 Environmental PID Usage, perday.............................................................................$ 190 E366 Pull Test Equipment,perday................................................................................_....$ 70 E367 Sand Cone Test Kit(Scale, Burner,Sand ConeApparatus),perday .........................$ 170 E368 Schmidt Hammer, perday ...........................................................................................$ 50 E369 Torque Wrench, Small, per day ..................................................................................$ 20 E370 Torque Wrench, Large, perday..................................................................................$ 35 E371 Torque Multiplier(Skidrnore), per (Jay .........................................................._...._..._$ 90 E372 MiscellaneousEquipmeni.Charge..............................................................................$ byquote E373 Vapor Emission Kit, each.............................................................................................5 55 until 21 — 71 "' 'r " r7` /2021 ' ',�/ ' " iv r riOr" itJ and `. "�,. i t SCnPdL, eofFees EffeCl-ve,anuary2021 AESCO E374 Field Resistivity Meter, per day ...................................................................................$ 225 L3 /S Water Level Meter, per day ........................................................................................$ /S E376 Environmental ph/Turbidity/Conduc[ivity/iempMeter, perday ............................5 105 E377 Environmental FID Usage, per day .............................................................................S 105 E378 Environmental groundwater sampling pump perday..............................................$ 20S E379 XRF Lead Analyzer, perday.........................................................................................$ 125 E380 Relative Humidity Probe, perday...............................................................................$ 70 Schedule of Fees for Laboratory Services Concrete Tests Cost (per test) C400 6"x12"Cylinder: Compression Strength (ASTM C39) ..............................................5 35 C401 6" x 6"x 18" Flexural Beams Not Exceeding Referenced Size (ASTMC78, C293, or CTM 523) ._._......._..._......._....._............_............_..................................................................._...5 80 C402 Cylinders: SplittingTemileStrength (ASTM C496)....................................................$ 80 C403 Core Compression (ASTM C39)...................................................................................5 50 C404 Coring of Test Panels in Lab, each..............................................................................$ 25 C40S Diamond Sawing of Cores or Cylinders (ASTM C642) ............................_.................5 25 C406 Density, Absorption, and Voids in Hardened Concrete (ASTM C642)......................$ 300 C407 Modulus of Elasticity Static Test (ASTM C469) ..........................................................$ 125 C408 Unit Weight Including Lightweight Concrete.............................................................$ 65 C409 Drying Shrinkage Up to 28 Days! Three 3"x3"or 4"x4" Bars, rive Readings up to 28 Dry Days (ASTM C1S7).......................................................................................$ 375 C410 Additional Reading, PerSetofThree Bars ..................................................$ 45 C411 Storage Over Ninety (90) Days, Per Set of Three Bars, Per Month...........5 35 C435 Coefficient of Thermal Expansion of Concrete (CRD 39, AASHTO T336) .................$ Soo C436 Compression -Test (ASTM C49Sand C472)..............................................................._$ 45 C437 Air Dry Density (ASTM C472) ......................................................................................$ 35 C438 Oven Dry Density (ASTM C49S)..................................................................................$ 60 C439 Sample Trimming in the lab, up 6" diameter.............................................................$ 20 Concrete Block, ASTM C140 Cost (per test) C412 Compression (3 Required PerASTM), each ............................................................._$ 60 C413 Absorption/MoisturcContent/Ovcn Dry Density(3Required perASTM),each .... $ 90 C414 Linear/Volumetric5hrinkage(ASTMC426).............................................................._$ 100 C415 Web and Face Shell Measurements...........................................................................$ 45 C416TensinnTrst ..................................................................................................................$ 170 C417 Core Compression.. .... ................................................................................... $ SS C418 Shear Testof Masonry Cores2Faces............................................................._.........$ 90 C419 EttlorescenceTest (3Required),each ........................................................................$ 5S until 21 — 72 "' '' " r7`fBr/2021 ' ',�/ ' " iv r rin itJ and `. "�,. i t SCnedL, eofFees EffeC(iveJ8nuary2021 AESCO Laboratory Trial Batch: Cement, Concrete, Grout and Mortar Cost (por test( L450 AIItrialbatch for ccment,concrete, grout, mortar, etc ....................................... $ by quote Brick Masonry Tests Cost (per test) Woo Modulus of Rupture: Flexural (5Required Per ASTM),each ....................................$ 55 M501 Compression Strength(3 Required Per ASTM), each ................... ......... ...... ......... ..... $ SO M502 Absorption: 5 Hour or24 Hour (5 Required), each ...................................................$ 50 M503 AbsorPI-ion (Boil):1,2,or5Hours (5Required),each ..............................................$ 80 M504 Initial Rate of Absorption (S Required), each.............................................................$ 40 M505 Efflorescence (5 Required),each ................................................................................$ 85 M506 Core: Compression, each.............................................................................................$ 70 MSO/ Shear I est on Brick Care: 2 Faces, each .....................................................................$ 90 Masonry Prisms Cost (per test) M508 Compression Test: Composite Masonry Prisms Up To8"x16" $ 200 M509 Compression Test: Composite Masonry Prisms LargerThan9"x16 ........................ $ 290 M510 Masonry: Cutting of Cubes or Prisms ......................................................................._$ 70 Mortar and Grout Cost(nor test( M511 Compression: 2" x 4" Mortar Cylinders ......................................................._.............$ 45 M512 Compression:3"x3"x6"Grout Prisms, Includes Trimming ....................................$ 60 M513 Compression: 2" Cubes (ASTM C109) ........................................................................$ 60 M514 Compression:Cores(ASTMC24).............................................................................._$ 60 M515 Mortar Expansion (ASTM C806).................................................................................$ 300 Fireproofing Tests Cost (per tests FSSOOven Dry Density .........................................................................................................$ 75 F551 Adhesion/Cohesions Testing, per hour,4hourminimum........................................$ 120 Gunite and Shotcrete Tests Cost (per tests C420 Core CompressionlncludingTrimming(ASTMC42)........................................_......$ 60 C421 Compression 6" x 12" Cylinders ..................................................................................$ 35 C422Compression Cubes ....................................................................................................$ 40 Soils and Aggregate Tests Cost (per test) 5600 Atterberg Limits/Plasticity Index (ASTM D4318) .......................................................$ 140 S601 Chloride and Sulfate Content [CTM 417, CTM 422)................................................_$ 145 S602 Consolidation, Full Cycle (ASTM 2435, CTM 219)......................................................$ 275 5603 Cleanness Value: l"x44(CTM 227)..........................................................................$ 185 S604 Cleanness Value: 2.5"x1.5"or1.5"x.75"[CTM 227)..............................................$ 295 until 21 — 73 ` " '' " 17M/2021 ' ',�/ ` "'rT W r rin itJ and `. "�,. i t o f ie i.,,. ,F SCnedL, eofFees Effeetive,anuary2021 AESCO 5605 CorrosivitySeries: Sulfate, Cl, pH (CTM 643 and417)...............................................$ 200 S606Lab Resistivity...............................................................................................................$ 12S S607 Direct Shear Test (ASTM D3080).................................................................................5 255 S608 DirectShear Test, per point .........................................................................................S 110 S609 Direct Shear Test SampleRemold ing(ASTMD3080)... ..... ...... ..... ......... ...... ..... ......... $ 4S S610 DurabiIityInd exFineAggregate ..................................................................................$ 160 S611 Expansion lndex(ASTMD4829,UBC18-2)................................................................$ 155 S612 Durability Index: Coarse Aggregate............................................................................$ 160 $613 Maximum Density: Meth ods A/B/[(ASTM D1557 or D698, CTM 216)...................$ 185 S614 Maximum Density: Check Point abrasion (ASTM D1557)......................._................$ 75 S615 Maximum Density: AASH I OC (Modified) (AASH IO 1-180)......................................$ 200 S616 Moisture Density Rock Correction..............................................................................$ 160 S617 Moisture Content (ASTM D2216, CTM 226)..............................................................$ 25 S618 Density! Ring Sample (ASTM D2937)..........................................................................$ 30 S619 Density: Shelby Tube Sample (ASTM D2937) .............................................................$ 55 S620 Organic Impurities (ASTM C40)...................................................................................$ 95 S621 Failing Head Permeability (ASTM D2434) ..................................................................$ 250 5622 R-Value: Soil (ASTM 2844)...........................................................................................$ 355 S623 R-Value: Aggregate Base (ASTM D2844)....................................................................$ 355 5624 Sand tquivalcnt (AS I M D2419, C I M 211).................................................................$ 130 S62S Soil Classification (ASTM D2487)................................................................................$ 3S S626 Sieve #200 WashOnly(ASTM D1140) ........................................................................$ 95 S627 Sieve with Hydrometer! Sand to Clay (ASTM D422)..................................................$ 290 SG28 Sieve Analysis including Wash (ASTM C136) ..............................................................$ 170 5629 Sieve AnalysisWithoutWash......................................................................................$ 120 S630 Specific Gravity and Absorption:Coarse(ASTMC127, CTM202).............................$ 95 S631 Specific Gravity and Absorption: Fine(ASTM C128, CTM 207)..................................5 160 S632 Swell/Settlement Potential: One Dimensional (ASTM NS46) .................................$ 165 S633 Unit Weight Coarse Aggregate....................................................................................$ 80 S634 Unit Weight Fine Aggregate........................................................................................$ 8o S63S Voids in Aggregate (ASTM C29)..................................................................................$ 90 S636 unronfined Compression (ASTM D2166, CTM 221) ..................................................$ 100 S637LA Rattler......................................................................................................................$ 195 S638pH of soil........................................................................................................................$ 25 S639 Pocket PenetrationTest..............................................................................................$ 10 Asphalt Concrete Tests Cost (nor test) A650 Asphalt Core Density...................................................................................................$ 60 A651 Extraction %AC by Ignition Oven (CTM 382).............................................................5 17S A652 G r ad atio n o n Extracte d A s p h(ASTM D6507 and D5,114, CTM 202, a n d CTM 382 ..$ 100 A653 Moisture Content (CTM 370) ..................................................................................._$ 75 A654 M ax i mu m Th e orctical Specif i c G ravity (RI C E) (ASTM D2041, CTM 309 ................... 160 A655 SpecificGravityandAbSorption:Coa-Se (ASTM C127, CTM 206)............................$ 90 until 21 — 74 "' '' " r7` /2021 ' �/ ' " iv r rin ifJ and `. "�,. i t SCnPdL, eofFees EffeeLive,anuary2021 AESCO A656 Spec If lc Gravity and Absorption:Flne(ASTMC128,CTM207).................................$ 160 A657 Sieve Analysis(ASTM D5444 and C136).....................................................................$ 95 A6S8 Sieve Ana lysi s with Wash (AS I M U5444)...................................................................$ 140 A659 Sand Equivalent (ASTM D2419 ....................................................................................5 135 A660 5 at LTMD Bulk Specific Gravity (CTM 309, CTM 375................................................$ 285 A661 Flat and Elonpated Particles(ASTM D4791)...............................................................$ 210 A662 Fine Aggregate Angularity(AASHTOT304A).............................................................$ 195 A663 Maximum Density HVEEM (ASTM D1560).................................................................$ 210 A664 Maximum Density Marshall (ASTM D1559 and D561)..............................................5 210 A665 Mix SLabiliLy(CTM304)...............................................................................................$ 210 A668 Wet track Abrasion Loss (ASTM D3910), each ...........................................................$ 175 A669 Extraction %of Emulsion (ASTM Dfi307)....................................................................$ 155 A670 Slurry seal field consistencytest (ASTM D3910) ........................................................$ 85 Reinforcing Steel Cost (ner testl R700 Bend Test: 411 or Smaller...........................................................................................$ 65 R/01 Bend Icst: Larger Ihan#11.........................................................................................$ 96 R702 Tensile Test ttllorSmaller......................................................................................_$ 85 R703 Tensile Test:#14..........................................................................................................$ 115 R704 Tensile Test#18..........................................................................................................$ 180 R705 Slippage Test In Addition to TensileTest(Per CaltransS2-1.08C)...........................5 190 R706 Tensile Test: Mechanical Splice#11 and Smaller .....................................................$ 120 R707 Tensile Test: Mechanical Splice tll4_........................................................................$ 170 R708 Tensile Test: Mechanical Splice #18..........................................................................$ 205 R709 Tensile Test: Welded Hlland Smaller ......................................................................$ 85 R710 Tensile Test: Welded # 14 ...........................................................................................$ 115 R711 Tensile Test Welded #18...........................................................................................$ 120 R712 Sample Straightening for Bend orTensileTest (if required) .... ......... ......... ...............$ 60 R713 Testing Multi -Wire Steel Prestressing Strand............................................................$ 2R0 R714 TensileTest ......................................................................_$ 150 R715 Tensile Test: T-Head#14.............................................................................................$ 200 R716 Tensile Test T-Head 4 18..........................................................................................._$ 225 R717 Tensile Test: Welded Hoops #11andSmaller ...........................................................$ 120 R718 Tensile Test Welded Hoops414................................................................................$ 170 Metal Testing Cost (per testl R714 Hardness Test (Rockwell) and Brinnel (ASTM E18)...........................................$ 75 R715 HarcinessTc5tofNuts..................................._..........................................................$ 85 R716 Hardness I est of Bolts..............................................................................................$ 100 R717 HardnessTest ofWashers .......................................................................................$ 85 until 21 — 75 .r7`fBrf2O21 SCnedL, eofFees LffeeLive,anuary2021 AESCO Concrete Coring Services CoSt (per test) C423 tyuipine ntCOnC rete(4 and P. hour rni nirnurn), per hour ................................... $ 200 Individual Core Prices fall prices arefor a four core minimum job): C424 Slab on Grade Coring for t",3" and 4"Diameter(first6'depth)each.$ 70 C42S Slab on Grade Coring for 6" and 8" Diameter (first 6" depth) each ...... 5 7S C426 Slab on Grade Concrete Core (price per inch after6"depth)...............$ 10 C427 Wall Cores 2",3" and 4" (firstG" in depth) each .................................. $ Es C428 Well Concrete Core (price per inch after 6" in depth), per inch...........5 10 (Wall core pries based on Contractorsupplying access to area to be cored) Miscellaneous Concrete Coring Prices: C429 PatchingSlab nn Grade Cored Holes with 2500 psi Concrete Patch, each.............................................................................................................$ 20 C430 thickness DeterminationperASIMC42,each ........................................$ 20 C431 Compression Strength Determination......................................................$ 6S Asphalt Concrete CoringServices Cost ertestt Alternate Individual Core Prices (all prices are for a four coreminimurnjob): A661 Asphaltic Concrete Cores 2",3" and 4" Diameter (First 6" in depth), coch.............................................................................................................$ 70 A662 Asphaltic Concrete Cores 6" and 8" Diameter(First 6" in depth), each.............................................................................................................$ 70 A663 Asphaltic Concrete Cores price per inch after 6" in depth, each ............ 5 10 Miscellaneous Asphaltic Coring Prices! A664 PaLchingof Core Drilled Holes Using Cold Patch Material, each............$ 30 A665 Thickness Determination perASTM C42, each ........................................$ 35 A666 Specific Gravity for Determination of Percent Compaction per ASTM D 2726, each...................................................................................5 45 A667 Specific Gravity for Determination of Percent Compaction by Paraffin, each ............................................................................................$ 65 Environmental Tests COSt (per test) N800 Asbestos Polarized Light Microscopy(PLM)3-DayTurnaround,each .....................$ 20 N801 Asbe stars P D la r ize d Light M icroscopy (P L M) 2 4 -He ur Turnarou nd, e ach .................$ A0 N802 Asbestos PolarizedLight Microscopy(PLM)8-HourTurnaround,each ...................$ 70 until 21 — 76 "' 'r " r7` /2021 ' ',�/ ' " iv r rin " ifJ and C "�,. i t AGREEMENT TO PROVIDE ON -CALL MATLR1AL TESTING AND SPECIAL INSPECTION SERVICES THIS AGRliliMliN I' is made and entered into this 6th day of July, 7071 by and between IUeinlelder, Inc. ("Consullam"), and the Cily of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Cahlornia RFCTTATR A- On Scptcnrba- 2, 2020, the City issued Request for Proposal No. 20-1 1 Eby which it sought qualified consultants to provide on -call material testing and special inspection services for the City's Public Works Agency. R. Consultant submitted a responsive proposal that was anxnr4 lhose selected by the City. C'onsullant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-1 1 1- (:. In undertaking the performance of this Agreement. Consultant represents that it is knowledgeable in its field and that any services performed by Consultant underthis Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW 'I HFREFORF, in consideration ol'lhe nutlual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows- 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No- 20-1 1 I, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in frill. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum cinmpersation fir Consultant Linder this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in F.xhihit C- Consullant is one of three. (1) consultants selected to provide scrviccs tm an on -call basis under RFP No- 20-111- The total compensation for these services provided by all Snell consultants selected under RFP No. 20-111 shall not exceed the shared aggregate amount of S1.000,000 during the term of the Agreement, including any extendion periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City Council 21 — 77 7/6/2021 Pagc 1 of8 Payment need not be made for work which fails to meet the standards of perfmTrranee set lol-th in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall cotimmicc on the elate first written above and terminate on July 5, 2024, unless terminated earlier in accordance with Section 17, below. The tcrin of this Agreement may be extended for two 1--year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAiLiNC WAGES Consultant is aware of the requirements of California I,alior Code Section 1720, et seq., and 1770, el seq., as well as Califorma Code of Regulations, Title R, Section 16000, el seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the pertorrnanee of other requirernents on "public works", and -maintenance- projects. If the services being performed are part of )it applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Taws, and the total Compensation is .S1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall detcnd, indemnify and hold the City, its elected officials, ofliecrs, employees and agents lice and harmless front any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Corut,ltant shall, during the cutirc term of this Agreement, be constnlul to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the scrviccs which are tbc. subject matter of this Agreement; however, the servviecs to be provided by Consultam shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemplornent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, retrsC or- Sublicense any and all copyrights, designs, and other intclleeural property embodied in plans, specifications, studies, drawings, estimates, and other dOCntnenl] or works of authorship fixed in an-y 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 ender this Agi-eenrert ("Documents & D,da"). Con ulturlt shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultaot prepares under this Agreernent. Consultant reprCscnts and warrants that Consultant has the legal right to license any and all City Council 21 — 78 7/6/2021 Pagc 2 ol'8 DOCrnne'rrtS & Data- Consultant makes no such regn-esetrtation 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 tittle, provided that any such uic not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE? Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described below: a- Commca-cial Cicncral Liability Tnsurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and stroll include, but not be limited to protection against claims arising fiom bodily and personal injury, including death resulting Iherefi-om and damage ro properly, resulting fiom any at;t or occun-atec arising out of Consultant's operations in the perlbnnancc of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefirnn, and property damage, in the total amount of Sl,000,000 pe-occunrnee, with S2,000,000 in the aggregate- Sttch insunnnec shall (a) mane the City, its officers, employees; agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or sclt-insurance programs maintained by the City; and (c) contain standard separation ol'insureds provision', b. Business aulonurbile liability insurance, or equivalent Hirai, with acombined ' Ingle limit of not less than $1,000,000 pa- occurrmtce- Such insurance shall include coverage for owned, aired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, k required to be insw-ed against liability lot- worker's compensation or to undertake sell' insurance- Prior to commencing the performance of the work Under flnis Agreement, Consultant agrees to obtain and maintain sny 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 cnginucr: Professional liability (errors and omissions) insurance, with a combined single limit of not less than S1,000.000 per claim with S2,000,000 in the aggregate. The 1i0110wing rcquircrncrrts apply to the. insurance to bec provided by Consultant pursuant to this section: (i) C'onsulnmt shall maintain all insurance required above in full force and effzcl for the entire period covered by this Agreement. (ii) Certilkates of instu-ancc shall be funnshcd to the City upon cxccution of this Agreement and shall be approval by the City. City Council 21 — 79 716/2021 Pagc3 of (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in an_y oilier material aspect_ by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f- if Consultant fails or rctitscs to produce or maintain the instuancc required by this section or fails or refuses to furnish the City with required proof that insuranec has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement- Such termination shall not affect Consultant's light to be paid for i u time and materials cxpatdal prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnity the City for any work pertormed prior to approval of insurance by the City. 8. 1NI)EMNIFICATI0N Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers. agents, employees, Consultants, special counsel, rind representatives from liability: (1 ) fnrpersonal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injUu_y, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their bchalfwhich relates to the services described in section I of this Agrccmcnt; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief' is Lire by reason of' the teens of or effects arising from this Agreement. This ndctnni[y and hold harmless agreement applies to all claims for damages, just compensation, restittuion, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement- The Consultant further agrees to indemnify, hold harnrless, and pay all costs for the Licfcnse o1 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 Agrecnicm, or asserting that personal injury, damages. just compensation, restitution, judicial or equitable relief due to personal or property rights alises by reason of the terns of. or effects arising ti-om this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding, the foregoing, Ict the extent CUrlsttltant's services arc subject to Civil Code Scetiort 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willfid misconduct of tile Consultant- 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indcnurify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability. including costs, and auomey's lee<, for infringement of any United States' letters patent, trademark, or copyright conUained in the work product of documents provided by Consultant to the City pursuant to this Agrccmcnt- City Council 21 — SO 7/6/2021 Page 4 o f 8 10. RL:COIU)S L onsnllant Slrall keep records and mVUrec9 In connection With the Work to be performed under this Agreement. Consultant shaI l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from ttrc 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 sach records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, document,, procCedings, and activities related to this Agreement for a period of three (3) years from the dale of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY TI' Cnrnsnllant receives from the City information which due to the nalurC of such information is raasonabl-v understood to be eontidential 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 s;une degree of care it uses to protect its own information of like importance, but in no event less than reasonable care- 'Confidential Tnfonnation" shall include all nonpublic inlumiation. Confidential information includes not only written information, but also information lransferrcd orally, visually, electronically, or by other means. Confidential intornnation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. ]he foregoing obligations of non-use and nondisclosure shrill not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed ill a publicly available source; (c) is in rightfill possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. U. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shal I not have interests, direct or indirect, which would conflict in any manner with pe fonnance of services specified under this A-recnncn t. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall bee in writing and shall be deemed to bee 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 Ann 20 Civic Center PIa7a (M-30) City Council 21 — 81 7/6/2021 Pagc 5 of8 P.(-). Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Con ultanl: Dany Hanna. PE, MS, MBA Project Manager/Principal Aecnt Kleinfclder, Inc. 24411 Ridge Route Drive, Suite 225 Laguna Hills, CA 92653 A party may change its address by giving notice in writing to the odder party. Thereafter, duty communication shall be addressed and transmitted to the new address. If sent by mail, Conununicatitm shall be ettcetive or deemed to have been given three (3) days after it has been dcposited in the Uniled Slates trail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, Communication shall be effective or decined to have been given twenty-four (24) hours after the time set torth on the transmission report issued by the uansmiuing facsimile machine, addressed as set brill above. For purposes of calculaling these timeli-antes, weekends, federal, stifle, County or City holidays shall be excluded_ 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subjcel rnalter herein, and supersedes any and all other agrcctncnts, oral or written, bawecn tlic parties. In the event of a conflict bet wcell the terms of this Agreement and ally attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signets by the City and by all authot'izcd representative of Consultant. The parties agree dial any tenns or conditions of any purchase itrder tn- other insdnunend that arc inconsistent with, or in addition lo, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agrccmcnt acknowledges that no representations, inducements, promises or agreements orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. is. ASSIGNMENT Inasmuch as this Agrccmcnt is intended to scauc the spccializcti services of Consultant, ConSlkanit may not assign, transfer, delegate, or subconu-acd any interest herein without the prior wtilden consent of the City and any such assignment, transfer, delegation or suhcontract without [tic City',,; prior written consent shall be considered null and void. Nothing in [tti5 Agrccmcnt shall be consuvcil to limit the City's ability to have any of the services which are the subject to this City Council 21 — 82 7/6/2021 Pagc 6 o f S Agreement performed by City per-sonncl or by other Consultants retained by City- 16. WAIVER No waiver of breach, failure of any condilion, 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 ttrc party waiving the bi-each, failure, right or remedy. No waiver of any breach, failu c 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. 'IERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shal I be entitled to receive and the City steal I pay Consultant compensation Ibr all services perl'ormed by Consultant prior to receipt of such notice of termination, subject to the lirllowing conditions: a. As a condition of such payment, the Lxecutive Director may require Consultant to deliver to the City all work product completed a5 of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consCnu to the City's use thereof liar such purposes as the City deems appropriate. b. Payment need not be inade for work which (ails to meet the standard of perlitnnance specilied in the Recitals ol'this Agreement- 18. NON-DISCRIMINATION Consultant shall not discriminate because oft ace, color, creed, relation, sex, marital status, sexual orientation, age, national origin, anecsty, or disability, as defined and prohibited by applicable law, in the recruitment, selection, traitling, utilization, protrwtiotl, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it it an equal opportunity employer and shall comply with all applicable faderal, state and local laws and regulalions. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, intcrprctation, perlormancc, and crrlbrccmCnt of any of the ClausCs of this Agreement shall be determined and governed 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 Thar may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agrcement, maintain all necessary licenses, City Council 21 — 83 7/6/2021 Page 7 o I' 8 permits, approvals, waivers, and exemptions necessary far the provision of the services hereunder and required by the laws and regulations oI'the 1 Tinted States, the State of Cali I'cmna, the City of Santa Ana and all other governmental agencies. Consultant shall nosily the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabilily shall be cause for lermination of this Agreement. 21. MISCFLLANFOU5 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 teens of this Agreement, and shall indemnify City fully, including reasonable costs and auonrey' , fees, for any injuries or damages to City in the event that such authoril_y or power is not, in tact, held by the signatory or is withdrawn. b. All exhibits relerenced herein and atlached hereto shall be incorporaled as if fully set forth in the body ol'this Agreement. IN WTTNFSS WTTF.RF.OF, the parries hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of dre Council APPkOVED AS TO FOkM SOMA R. CARVALHO City Attorney By: /J°'r �I1'. -P TAN M. FUNK Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NAtill. SABA, Ph: Executive Director PUNK Works Agency CITY OF SANTA ANA KRTSTINE RIDGE City Manager CONSULTANT Names Dany Hanna Title: Vice President City Council Pagc 8 ol'8 7/6/2021 EXHIBIT A Appendix ATTACHMENT 1 SCOFF OF WORK I411116 Cln M01111M.M REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO. 20-111 INTRODUCTION/BACKGROUND L,nde' the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. l'l)ese projects include street pavement, Traffic signals, underground utilities, buildings, bridges and park facility improvements- The total value of construction is estimated to exceed S100 million. In order to maintain high quality of constuction, the City intend,, to retain testing and inspection firms Lo provide quality assurance services tin- those projects- The selected firms arc expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, stiucmral steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this REP is to solicit proposals from quality control consulting (inns for the reluired services. The selected consultant is expected to enter iruo art agrecinent with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not lie allowed - All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City- The sCICCLCd Consultants must have Lhe expertise, experience, and demonstrated trsources available to perform the work described in this REP. The City desires to enter- into Agreements with multiplC top-ranking firms for an initial threc. (3)- year I.M11, will) a City option to exercise one ( I ), two (2)-year extension period- The annual amount to be expended under the Ageemeln will vary at the City'., discretion and will be dependent on available funding. City Council Gity of Santa Ana RgR 20851 7/6/2021 Page Al-1 A. SCOPE OF SERVICES The rcquircd services shall include, but not be lnnitcxl to, the following: ♦ Provide field inspections and compaction tests for grading, trench backtill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ('Green Book") and Caltrans Standard Specifications. Subrnit daily licld reports to the City and a final report allcr work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength holts, structural steel, masonry, painting and other types of work in accordance with the. Cali lortia Building Code (CBC) and the contrau doedn17Cnts. Snhlltit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning :and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the (_try. • Available tests may include the following: oMix Designs o Concrete o Concrete. Blocks Brick Masonry (i Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o I?eintorcing Steel oF.nvironmentaI ♦ hnspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and tall protection. ♦ Recommend testing method on defective work <uid advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their sotu-ce as rcquircd by the project specifications. ♦ Provide other quality control senviccs as regttcstcd by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Hook" and" CBC" requirements amcl to other concerned parties within a week after the work is performed - City Council City of Santa Ana RgR 2.0816 1 71612021 Page Al-2 ♦ submit a final report to the Cily within five working days upon completion ol'each project. S. SPECIAL REQUIREMENTS Since sonic of the city project` will be funded by Rxferal or State gqmns, the scleckXt consulting Alin mint comply with requirements of Caltrans' consuuuction manual and the following_ Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. I hey can be certified by Caltrans' District Materials Engineer, by the National ilstitute Certification of Engineering Technologies, or by other authority acceptable by the CAmsh7tet1011 Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on tilt in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of 3 registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel tinder his/her supervision. ♦ The selected fine Hurst maintain the laboratory testing equipment in accordance with recogrtized national standards - The selected firm roust have an independent assurancc testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASI I FO Materials Retcrencc I.aboratory(AR MI.) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acccntance Testing and Satnplin$! ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the wort; is completed. City Council City of Santa Ana RgR 2-08r7 1 716/2021 Page Al-3 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Frigincer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soik and aggn-egate samples are taken at the job site, results of these tests should be submitted within 72 hours - Results of compaction and density tests taken at the jot) site should he submitted within 24 hout-s. ♦ Whcn samples of soils and asphalt concrete are taken at the Job site, R-value and rc ult of asphalt extraction test should be submitted within 96 hour's. Independent Assurance 4amplinL and 'Testing The selected Linn shall establish and mainrain an Independent Sampling and Testing (ISAT) progrmrr ♦ To verify that the project sampling :in(] testim; are performed correctly by the testers and samplers- * To ensure. the equipment is properly calibratcd- ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Fngineer with a report indicating actions to he taken by the selected testing fnim when discrepancies are found between ISAT and acceptance tests (AT)- C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the conu-actor regarding work schedule and noti ly the consultant 24 hours in advance ]or the required inspections and tests- D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ Thisprojcutway utilizcCal iforniaDcpartmcntofTransportation ( Cal trans) turidsand shall therefore comply with all state and federal requirements- The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: LAPM Exhibit 10-H: Sample Cost Proposal City Council City of Santa Ana RgR 20W 1 7/6/2021 Page Al-4 • I,APM Exhibit 10-01: Consultant Proposal DHF. Connrnitnnent LAPM Exhibit 10-()2 Consultant Contract DBE Commitment • I.APM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 7b, for further Instructions mrd guidelines pertaining to the eompletiott o% these _forms }tfip: /./clrvt i trrv/ /ntcdialciot uts �li.:llptor�t rrit; /tor. 1.::: r i._tann� c /d�r�a.nuc ut /I�nulc h 1(�tdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: I his agreement may be funded with state and/or federal grant fiords administered by C'alu;ans. I'roposer shall Comply with all requirements as they pertain to the use of these finds_ Refer to Attachment 4 for Caltrans regttired Rnnns, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Conn -acts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBF goal for this Contract_ Proposers are encouraged to obtain DBE participation for this conu-act_ Rcfcr to Exhibit 10-1 — Notice to Proposers DBE Information inCluded in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBF goal. CONSUI.T'ANTAUDITAND RI?VIh;W PROCESS: Prior to contract award and dcpcaulcnt on contract award amouru, the selected Consultant shall be subject to an audit or review by C'altrans' Audit and hivestigaflons (AM), other st.+re audit organizations, or the federal government. the selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System for all prinne and sub -consultants in the Appendix ol'this RIP. To urdeperaderat/r dowtalood sitar of the C'allrccns Lthibits tequitecl per this RI•P, visit: Iri_Lat. //rinl.r3t,_(,�rv/Ixrryri uu /lax;zil i a itti�c/Gnus/Inc of rss;i,i rn.r �_ino.rdntr;;;�au mu-il_�_lorrns City Council City of Santa Ana RgR 20gkj 1 71612021 Page Al-5 Statement of Qualifications for RFP NO. 20-111 September 30, 2020 V KLE/NFELOER SECTION 1. STATEMENT OF QUALIFICATIONS pM1t hople HIgM SeWnans a. Cover Letter September 30, 2020 Sean Thomas City of Santa Ana Public Works Agency, M-36 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 Subject: Statement of Qualifications for Material Testing and Special Inspection Services City of Santa Ana RFP No 20-111 Dear Mr. Thomas: The Kleinfelder Team is pleased to submit our statement of qualifications (SOQ) in response to the City of Santa Ana's (City) request for qualifications (RFQ) No. 20-111 dated September 2, 2020 to provide on -call materials testing and project Manager/Principal Agent special inspection services. Kleinfelder has been providing on -call & Single Point of Contact materials testing and inspection services for public works (Legal Authority to Bind Kleinfelder) construction projects since the firm's inception in 1961.Our team will be led by w d v.a „ar,, rl , „4: ,.a r,f)n . , , I w,, rl . Dany Hanna, PE, MS, MBA )A,; v A who has over 19 years of experience managing on_ Kleinfelder, Inc. call contracts in southern California, maintains strong client cl 909.376.6128 relationships, understands the contract requirements, and requires el dhanna@kleinfelder.com no ramp -up tirne to rneet the City's budget and schedule. The Kleinfelder Team offers the following to the City: Nearly G; P Vm- m r ur L+ ;im- + , ma successfully providing a wide range of special inspection, materials testing, and related services for local agencies and municipalities. • 4I ,, 1tl_Irr::: a8 „s Qa�a:: I aCm-S-,a`.�m,YI r')-17n:; V-; FJ l I 'll..,. a^" ..wa slJ,lo rrAw,.a anOr 9.f"., including Orange County Department of Public Works, County of Los Angeles, Caltrans, and Cities of Anaheim, Long Beach, Los Angeles, Burbank, Ontario, Industry, and Pasadena. • All o:y w --,v i w, Ai , wa rr.rv,. e , r:R .a., c for assigned City Task Orders as needed. Our in- house io.e m ;'r rt l .,,n'w 1 ry ,c r o'^al a•r 1 rr . r.,, observe multiple aspects of a project from start to finish and are available to meet short -notice construction schedules/deadlines. • Our W nf Ua , La.a. ,.v. I -To oI ,-w L If -:_I ®trrm',. ( rr 5 ,., C, t a rw .n L, b L na )o .. n, 0" . R v m 50 r,� , J m :rq ^s.ri re I ac ar1 r,r and meet all American Society for Testing and Materials (ASTM) E329 requirements for testing and are inspected and certified or accredited regularly by numerous local, state and federal agencies such as Caltrans Reference Sample Program (RSP), American Association of State Highway and Transportation Officials (AASHTO) Materials Reference Laboratory (AMRL), Concrete and Cement Reference Laboratory (CCRL), State of California Department of General Services (DGS), and the US Army Corps of Engineers (USACE). • Quick turn -around time. Our ,f_;v, 1 a:n nz mt,a,., R o,, allows us to respond quickly (within 4 hours or less) to any request for service. Kleinfelder acknowledges receipt of Q&A (Addenda) Sets 1 and 2, released September 10, 2020. Our local knowledge, combined with our vast amount of relevant experience, will enable us to provide the City with innovative solutions to assist with successfully meeting the contract requirements within the scheduled time frame and project budget. Respectfully Submitted, Kleinfelder, Inc. MBA Mike O1C9chr pal Agent 21 -Ogoity Assurance anager7/6/2021 .,yr, 24411 Ricgc Roy, c Drrvc S_ lc 2Z Log-ru l I L, CA 92652 p 1 919 727.1166 n f 1 949 727 9242 Kleinfelder Statement of Qualifications for Qn-Call Material Testing and Special Inspection services for City of Santa Ana, RFH No. 20-111 b. Contract Agreement Statement THIS CHANGE WAS NOT ACCEPTED BY CITY Kleinfelder would like the opportunity to add the following to the indemnity clause listed in the City contract. "Notwithstanding anything contrary to the foregoing, any obligation of Consultant to indemnify and defend City shall be based on its adjudicated proportionate negligence." c. Firm & Team Experience Profile of Kleinfelder, Inc. Headquartered in San Diego, Kleinfelder has been providing materials testing and inspection, geotechnical engineering, environmental, and technical engineering services to public and private clients in California since its founding in 1961. We have . d I', ivi , F 0,,c -c I a., 4 3gc Co , p 1^. 111981%. Our local southern California operations include offices and/or laboratories in Laguna Hills, Los Angeles, Long Beach, Ontario, Riverside, and three in San Diego. Metrics on Kleinfelder's firm size (offices and staff) are provided in the table below. Legal Form of Company! Private Corporation incorporated in State of California Date of Founding / Incorporation: April 1, 19611 April 20, 1962 Number of Offices: 74 (firm -wide) 127 (California) 18 (Southern CA) Number of Staff: 1,909 (frnr-wide) 1718 (Caftforma)1406 (Southern CA) Kleinfelder is a California Corporation in good standing with the Secretary of State, and is registered with the State of California Department of Industrial Relations (DIR): 1000001733 Kleinfelder, Inc. 7/1/2019 6/30/2022 Active 467252 Kleinfelder is licensed to work in Santa Ana, so we are ready to work when the City's tasks begin. CITY01 SANFAANA IREASURYM-15 (DI 20 CIVIC CLNTLR PLAZA -PO BOX'1964SANTAANA, CALIFORNIA 92702PHONE(714) 6475441 KLEINFELDER INC 550 W. C STREET #1200 SAN DIEGO, CA 92101 THIS LICENSE MUST RE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS SS TAX NO 1942,75 TAX PFRIOD 1/112,020 12131/2020 BLI INF STYPF BUILDING GENFRAL BUSINESS ADDRESS 550W.CSTRFET#1200 SANDIEGO,CA92101 BUSINESSNAME: KLEINFELDERINC OWNS R IAJ' PIERSON,GEONGE. PRES EXPIRATION DATE: 1213112020 Kleinfelder has a long, successful track record of providing services on public works -related projects. For six decades, more than half of all projects completed by Kleinfelder have been in and/or for the public sector. Approximately azmr ,,.f,.mrc, -mu. 1 r>„a>r.E F:..t >T 4;w mom.- T,n-c 1.1 r. ,auT -ar...a.:T^.aa... either being performed directly for public agencies or through design/civil engineering firms. As a result, Kleinfelder is well versed in the requirements for timeliness and efficiency when working on public sector projects, and are knowledgeable of applicable codes, regulations, and ordinances associated with public works design and construction. ,'I m, m � IT J'A L - m � In addition to our extensive public works experience, we are extremely effective at managing on -call contracts. We are currently providing professional services as an "on -call" consultant for many agencies. Several, relevant key public agency clients are listed on the following page. City Council 21 — 93 7/6/2021 Kleinfelder Statement of Qualifications for Qn-Call Material Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 • Orange County Department of Public Works • Orange County Transportation Authority • County of Los Angeles • City of Long Reach • Caltrans Districts 7, B, and 11 • City of Los Angeles • City of Anaheim • City of Ontario • City of Burbank • Los Angeles County Metropolitan Transportation Authority (METRO) • City of Industry • Los Angeles Department of Water & Power • Riverside County Transportation Department * Administrative ouuaings * ripeuneslstorm drains • universrtiesiscnoois * Roadways Landfills • Bridges Water lrealmenl facililies * Parking structures * Redevelopment areas Airports Libraries * Courthouses Correctional facilities Darns/flood control * Water conveyance facilities * Parks * Hospitals * Levees Materials Testina and Insoection Services. Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process through consistent use of our internal "Kleinfelder Quality Management Plan" (KQMP) which u, almus Utldetl', o ''r,,.r.. atl ;..,tl %i 'm?;._, A_s my d r4, Aanj,: ion 'tl'A': �, tl ni tlaj -, -o PFn - r, ( ;,A.. I r mr, .w rm. Adherence to the KG1MP is the responsibility of our Project Manager/Principal Agent and is required to be followed by our subcontractor. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Laboratory testing is provided by our own fully accredited laboratories meeting all ASTM E329 requirements for testing, which are inspected and certified regularly by agencies that include: * City of Los Angeles DGS DSA * CCRL * Caltrans AASH I O-AMRL * USACE Kleinfelder provides a full scope of services for the inspection and testing of construction -related materials including: Site grading Foundation excavations Backfill placement Subgrade preparation Pile driving Drilled pier construction Rock anchor placement Precast concrete inspection Welding inspection Concrete paving Reinforcement placement Batch plant inspection * Concrete placement Asphalt paving Soil improvement * Load tests Steel construction * Painting Masonry construction High strength bolting W Expansion bolting Drainage systems Field instrumentation Underpinning Source inspection Fabrication shop inspection Special Inspection Services. Special inspection services are provided to verify the compliance of structural elements to project plans and specifications as set forth by the California Building Code (CBC). These :. ,' i r ,a Arm ,a, , rr, a ,. ,. , V v, ., r, .r o ., ,, ,., a«ro. rn m-q;o who have undergone voluntary certification by the International Code Council (ICC). Their responsibilities on a project include (within the restraints and under the guidelines as set forth by the CBC). -p Observing the work assigned for conformance with approved design drawings and specifications. City Council 21 — 94 7/6/2021 Kfeinfelder Statement of QuahfiCBfionS for On-C811 M8teNel Testing end Speciel Inspection Services for City of Santa Ana, RF H No. 20-111 * Furnishing inspection reports to the building official, owner's representative, construction manager, and other designated persons. * Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and building official. * Submitting a final signed report stating whether the work requiring special inspection was, to the best of our knowledge, in conformance with approved plans, specifications, and the workmanship provision of the CBC. Kleinfelder Project Team .,,, AQ" M ,1 ii n A W , .LL, h*S Kleinfelder has assembled a team of key professional and technical personnel to address the scope of services that are anticipated under the City's contract. c. 909.376.6128 Project Manager / Principal Agent DANY HANNA, PE, MS, MBA AY olahf,;r to tufly s4q;1;e)e1 this Cor,lFacl 19 years of experience as Principal -In -Charge, Program Manager, Contract Manager, and Project Engineer for multiple agency contracts, including Cities of Ontario and Long Beach, County of Los Angeles, Caltrans, and various southern California agencies. MBA, Finance, MS, Civil Engineering (Pavement), CA PE - Civil #70996 A i6_r• nmpr 'r; is 9,r (T,Tr,% m. re- )ho, JAMES STIADY, PhD, PE, GE od ol,t =,. L, l,r,^rr r�.anvn^ rrw : iae; 1'ro alPo"r C (� 20 years of technical and project management experience in pavement, geotechnical, and materials testing for various on -call contracts throughout southern California. Performs pavement condition surveys, designs pavement sections, and develops/reviews pavement rehabilitation programs. c: 858.736.6412 PhD, Civil Engineering; California PE - Civil #66243: and GE # 2820 ROGER KHOUDESSIAN, PE .pq„ NO rl.l., t,.;t1, ,trpo,osa`lhrrs �, r,ir rc,-J 17 years of experience in materials engineering and with ASTM, AASHTO- (0 AMRL, Caltrans, Greenbook, USACE, ACI, and local standards. 4 BS, Civil Engineering; PE - Civil No. 73806, CA; Multiple certifications- ` ' i California Test Methods (CTM), AWS Certified Welding Inspector, ICC c: 562.824.2306 Special Inspector, NICET Level II, PG Binder Technician (NBTC) RICK BELL, NICET, NRMCA, RSO „T il11,,vl iht 8 t,P i"CI+°Iry� 1rdw �f�,P. C �fhfF " .It, 0 'f 38 years' experience with task order management and laboratory/field QA testing, which has included construction inspection, shop fabrication inspection, materials testing, batch plant inspection, and office engineering. r,; r ;° NICET- Level II (field & lab); National Ready Mixed Concrete Association: c. 909.721.6639 Portland Cement Concrete (PCC); OSHA 40-Hour HAZWOPER; Certified Radiation Safety Officer (RSO) Resumes for our key personnel that outline their technical and design experience are included as Appendix A to this proposal. City Council 21 — 95 7/6/2021 Kleinfelder Statement of QualificitionS for Qn-Call M8teetal Testing ,)nd Special Inspection ServtCBS for City of Santa Ana, RFH No. 20-111 Our Organizational Char[ below provides a graphic illustration of our proposed project Learn members including our Project Manager/Principal Agent and Associates -in -Charge (Task Order Managers), key personnel, additional support staff resources, and their roles and responsibilities. We have also noted percentages of time that each team member will be devoted to this contract. Should the City's projects require additional support, we can easily r, aw -. ,r, ) za .a,n,. p r, r,2 1UT, rn v. m ,, w ,, G w;ti2 VM),.: ,r Ioca[ed within Southern California. Bryan Reese, ASP Sony Pheng Ali Rehman Marcus Molina Dominic Montemayor Eddie Jabbour Kennedy Eubany Kreetha Mekchai (TM) Ruben Roque (TM) Mike Hobbs (TM) Manuel Ly (TM) Ian Snyder (TM) Davld Valenzuela (TM) Manuel Zavala (TM) Juan Le Roy Jeffrey Diaz Danle/Jimenez Kevin Oluoha Aaron Bishop Thomas Rebosky Alex Garcia Sage Dempsey Shawn Mclaren Cameron Massa Julian Calderon Dany Hanna, PE, M5, MBA James Shady, PhD, PE, GE Roger Khoudessian, PE Rick Bell Eric Kennedy Kim Byrd Jason Eckerson Robert Carman Mike Carman Jacob Collins Michael Magana Ian Snyder (TM) Juan Le Roy Adam Gardiner Chris Rice Sage Dempsey Shawn Mclaren SonyPheng Omar Molina Jimmy Monterroso Alex Garcia Aaron Bishop Thomas Rebosky Scott Morris Dominic Montemayor Daniel Jimenez Jeffrey Dlaz Varian Deirdeirian Jeffrey Diaz Cameron Massa Julian Calderon Michael Magana Eddie Jabbour Juan Le Roy Daniel Jimenez Aaron Bishop Chris Rice David Magana Sage Dempsey Tony Gonzalez Christian Castanar Erik Kinczel Kevin Oluoha Dominic Montemayor Kennedy Eubany Omar Molina Marcus Molina Alex Garcia Shawn Mclaren SonyPheng All Rehman Danielle Gray Notes: • Full resumes for bold key personnel have been Included in this submittal. • Staff availability: 100%for bold/key personnel.90% for unboltl support staff. 80%for unboltl, italicized support staff. • DBE Subcontractor. TransMat, Inc. (TM) Mike Dorsch Rick Bell Roger Khoudessian, PE Jeffrey Diaz Juan Le Roy Michael Magana Varian Deirdeirian We can draw upon our professional and technical southern California resourcesaswell as those of our DBE subcontracmr, who are readily available to support the City as -needed: • Special Inspectors Soil Technicians • PavementsPecialists • Hazmat Technicians Materials Engineers - Geotechnical Engineers • Construction Managers • Registered Geologists Certified Hydrogeologists - Certified Engineering Geologists • Scientists Planners • Draftspersons! - CAD Operators • Administrators/ • Project Controls KCC9ro/"Y.ft/J/f/+' Kleinfelder Statement of Quahficiltions for On -Call MafeNal Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 F 1 -' n J' i, ,,, t T : w n of A Kleinfelder has teamed with a highly qualified and experienced > ='.ea, m m od.ma v.v E . , m^ ' lr, I,, ( S I � ^. , ,":' i 0 .If' a'r„ m r. roe r an H, r, Ox a'7C,", 't rr= 9W d.r .y q, 9«: rs. d mam5 a. ¶ffB ma-,. .a y f. iatvrm a +.cb- Kleinfelder has teamed with this subcontractor on similar projects, who is a local expert in their field, and will augment our capabilities to support the City's as -needed scope of services and maintain flexibility in resourcing given the often -intermittent nature of services authorized under an as -needed contract. Contact Kreetha Mekchai, CEO/President 909.293.9186 8966 Benson Ave. Unit B Montclair, CA 91763 transrnatinc c�grnaiLcom Certifications DBE (CUCP) #45222 Accredited Laboratory State of CA DIR Registered 1000057301 (exp. 06122) Established: 2017 Role: Testing & inspection services d. Understanding of Need Professional consulting ®Tr rnsN➢at, Inc services corporation providing materials testing, geotechnical engineering, and field inspection services. Currently working with Kleinfelder on two Caltrans contracts. Transmat's President and founder, Mr. Kreetha Mekchai, has 20 years of experience in materials testing, inspection, geotechnical investigation, and laboratory testing. TransMat employs several experienced laboratory and field (soils, asphalt concrete, PCC) testers and batch plant inspectors. These laboratory testers and field technicians/inspectors are experienced with field safety, defensive driving, and specific project safety requirements. Kleinfelder understands that the City requires the services of a qualified firm to provide experienced field and laboratory staff on an as -needed basis to perform materials testing and inspection services for various Capital Improvement Projects within the City. Projects may include street pavement, traffic signals, underground utilities, buildings, bridges, and park facility improvements. Work is anticipated to include testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, structural steel, reinforcing steel, painting and to provide other quality assurance (OA) services when required. Kleinfelder acknowledges that City projects may be funded with State and Federal grant funds administered by Caltrans. In general, the requested services may include materials testing and inspection services of the following: * Mix Designs * Masonry Prisms A, Asphalt Concrete * Concrete • Mortar and Grout • Reinforcing Steel * Concrete Blocks • Fireproofing * Environmental Materials Testing and Insoerlion Services Work Plan * Brick Masonry * Soils * Aggregates Kleinfelder expects to furnish all personnel, laboratory facilities, transportation, materials, supplies and equipment necessary to perform services requested under this contract. Depending on the funding source, all services will be provided in accordance with the California Building Code (CBC), Standard Specifications for Public Works Construction (Green Book), Caltrans Standard Specifications, as well as OSHA Construction Industry Standards, and other applicable codes. A. or 0'. rX "'0 io oa;, A, oak r.� k.o n,o I t a. ",,I "M tau , If, t :r ,3 ari a_ re f-c(. ,,p, r r 1111 flu ,a.,t oan ,If aiiL; rm,0n-f.rq,wpal„Lo,arofmc,,::,,rVic ,:eiI,,a� rc ma^0 1r' IL'LF—,'c.rlt V rre�_ CIO ^. ,r rm :Ipm, ro'rp:.,a ,n ry ING 7a: ,� .rm ^ 0 t:mma , r. W e t ra,pcf, City Council 21 — 97 7/6/2021 Kleinfelder Statement Of Quahficiltions for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 The following outlines a typical work plan for materials testing and inspection services anticipated under this contract: Our project team will meet with City representatives to initialize the project expectations, in terms of scope of services, schedule, and budget requirements. Communication controls and expectations will be clearly outlined for future activities. The priniary goal is to have a mutual understanding of the City's expectations of Kleinfelder and the conduct of the construction activities. With a clear understanding of the expectations, unanticipated changes and surprises can be dramatically reduced. At this time, we will review project plans and specifications to evaluate the intended scope of services and provide alternatives for consideration. it ",W ,r;'o „A ,; , i,a 1 1 aI eI,rct i 1" „�,p,n _T, o nr -, After reviewing the plans, specifications, and schedule, we can prepare a proposed scope of services and cost estimate. The construction schedule will have a large impact on the requirements and duration of our services. It is important, both from a scheduling and accounting standpoint, to have an agreed -upon schedule and budget to follow and measure, as we proceed through the construction process. These elements will help us to provide the City with progress benchmarks, both from a financial and construction viewpoint. Once our proposal is approved by the City, we will receive a Work Authorization. L,u t ,,, � .',. I�g B 1,V '.; , "limn« 16L U tl 6.•nm— w lM1 n',, r I Our Project Manager/Principal Agent will personally manage City projects and work closely with our Task Order Managers, typically the individual that attended the kickoff meeting. We will hold an internal kickoff meeting with designated staff to review documents, project scope, expectations, work practices, and schedule subconsultants as needed. Quality Management Mr. Hanna will be supported by our Quality Assurance Manager, Mr. Mike Dorsch, to provide proactive testing and inspection in accordance with the project needs. F nr iVp ito ei T.e, o r, i e c,„ ybl M ^rt.•� ni. ", ly o �r,;I""n WC " r,. a s. " l,/ (,I I fl r.;n....., trt„rr&J .8I„:P ,i r e our m, tv o , n Rsa, ,, 0,S_ � i r9 . av d wl A written Project Quality Plan is the key ingredient of our QMP regardless of scope or budget. For medium to large projects where observation services are required on a full-time basis, we will assign a multi -disciplined Senior Technician to reduce the need for more than one technician for multiple operations at the site. This Senior Technician will also coordinate resources in the field. In the event that the job sequence requires more than one technician, we will provide a supplemental technician (upon City approval) who will work at the direction of our Senior Technician. Po T ,.,, ,,,, , A it 1 ,✓v r '.:➢", 0 m 1 )'i .p i'i Based on the discussion and information gathered from the kickoff meeting with the City staff, a Kleinfelder pavement engineer will review and/or recommend and develop concrete and asphalt mix designs considering the traffic loads, subgrade modulus, and sustainability factors. A road alignment with a weak subgrade and requiring reconstruction may be a good candidate for full dopth reclamation. Typically, this approach is cost effective where long runs of pavement require replacement. Recycling the existing asphalt pavement and base material and blending it into the subgrade soils reduces hauling and disposal of material. City Council plp 7/6/2021 Kleinfelder Statement of QuahfiCiltions for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Kleinfelder is capable of developing asphalt concrete mix designs for leveling course, asphalt base course, surface course, and wearing course, including rubberized asphalt concrete mixes. T' ',Ra mr a ,, T , , u,, r n a. mr �rrr. n , , ov_a• In a ot" , ,0 W m "+, , _o, utilizing the appropriate test methods and samples of aggregate and binder from local asphalt suppliers. In addition, we can develop mix designs for concrete pavement, full depth reclamation sections, and cement treated base materials. A m..'. °T 1lA n n rI I mA :„ tlti , m:� '"11',-1 r , We understand and are well -versed in the City's requirements for timeliness and efficiency in performing work, scheduling, and reporting results. Once notified with a time and location where our technician/inspector will be required, our centralized Kleinfelder dispatch team will schedule the appropriate certified technician/inspector for assignment. The technician/inspector will become intimately familiar with the project documents and will maintain daily records of inspection and testing which will document records of time and work performed. Our field staff will review safety protocols and safe work practices for each activity. They are equipped with appropriate personal protective equipment (PPE) for services they will provide, which include reflective safety vests, steel -toed boots, hard hats, gloves, and eye protection. They will participate in daily safety tailgate meetings prior to the start of work. They will contact our office for additional staffing and equipment, as necessary, based on communication with the City's onsite representative and the project engineer. Daily reports and test results will be provided to the project engineer and City onsite representative for review and signature and delivered to Kleinfelder's Project Manager/Principal Agent at least on a weekly basis, or daily when time -critical items are identified for immediate resolution. Reports and test results may be transmitted electronically to the project engineer and requested City team members. The technician/inspector will maintain a list of non-compliance issues and track resolution of these items. In addition, they will document and track re -inspection and re -testing so the City may back -charge the contractor for these additional costs, if desired. In addition to required inspection, testing, and sampling equipment, inspectors are equipped with smartphones, iPads or laptops with software including Microsoft Office (Word, Excel, and Outlook), Bluebeam ReVU and Acrobat Reader for pdf files, and our FieldNet reporting software. Kleinfelder inspectors utilize our proprietary • Better access to higher quality, consistent field data • Improved turn -around time and communication • Reduced risk of lost or compromised data • Reduced or eliminated manual re-entry of data • Efficient workflows from field to office • Automatically generated deliverables • Integration with GIS, LIMS, DeltekC), gINT®R , EQuIST" field reporting software, FieldNet, which Enhanced photographic documentation Works without an internet connection enables our staff to collect data, prepare • Enhanced GPS accuracy when required deliverables, effortlessly upload information • Custom forms can be developed by request to data management systems, and automatically generate reports using tablets in the field. r• f, r o i I R i ir- i ar, n m , ., ra. r,.. in T. o 1 or , Is a" (.i; ,v Tt,,.a '), m7 o S A re�4, ,n ,m A,,k 7,. ", A �,A a+,A Samples of construction materials will be picked up and transported to our laboratory for testing and analysis by certified laboratory technicians. The laboratory manager reviews the data and distributes a typed test results report indicating whether the material did or did not meet the requirements or the project specifications. A ,.,A I,,1, », a, aJ Ml' .. 'we cw p fo �I& ,r,, n r, "I a, m V, m I,. a,c I rot 'a^4,.',W.x mr," Is. a, m,1, a.a', q I r^ i to l.av R, t "a,J gin' rr•d ,j'�Sf,-V-dV:mraa. The City and Kleinfelder's Project Manager/Principal Agent will be notified immediately if a sample fails to meet specifications so that an alternate plan may be implemented. City Council 21 — 99 7/6/2021 Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 t ri , " " ,n 0 . rl ,,u. , rI rl ,' a rn �V " The management of our processes will be a valuable fool for [he City to assess not only [he acceptability of the construction process, but also many aspects of the progress and conduct of the job. The key to success on any project begins with a °;I -o rg r, ,c*.I A r rl r„0r,./ — ,r r � rogr rt 6, Pc s A r i A n U r -,a ma r,: TM u, s rla .a Ari,,:a .:, >,a, i r, cr> o ri . r',, ,e. L, s. a.eaw a- Mr. Hanna's leadership is focused on a team approach with proactive communication to: • Provide successful project execution plan (PXP) including a detailed scope, a realistic schedule. and a mutually agreed upon budget • Strategically coordinate and allocate resources within Kleinfelder and the subcontractor team • Ensure quality at all levels of planning and design • Ensure safety PRR V8 PaRiR • Deltek Vision /.0 Deliverable • Reporting Work Management • Burn • Work Forecast QA / QC Lead - Project Meetings & Process Project controls is a term describing the tools, techniques, and procedures implemented by Kleinfelder's Project Manager/Principal Agent to monitor project components: scope and budget, project execution, quality, and schedule. , m: i f, n,_ imra r Ll ,. k-,. [r o I .( I ma f r.„«>a.� ¢:r, r, r, - ,, IN r, ..r., 4 r: y ra,-,r e It'0 ar Lo ,rm J rW Irr i -n I j i t.5,,n ,ru I -j,I,ki n aJITl i � r;T ...w.,r,,:' s r, r.,M 1:. um I '. a.a.rr o . a..,•src r.,e t 1V , „A , ,zit ,w r, r• ,v i r rrr, t , 1. c ,r )„%,J ri ci t ya r c,,j,&r,�t IT, I L'C .0 US Within Scope and Budget. The ability to keep a project within the original scope and budget is a result of defining a complete scope. Identifying a clear purpose, need for the work, and the intended outcome are critical to this task. With well -prepared task scopes and goals, budgets will be set and commitments will be made to adhere to. Progress meetings, reviews, and scheduling controls will identify work that could be out of scope or does not contribute to the desired outcome. These monitoring efforts will control the budget and eliminate out -of -scope work proceeding without proper approvals. Where a change of scope becomes necessary, the issue will be evaluated, quantified, mitigated (if possible), and communicated to the City's project manager. Kleinfelder will not exceed a project budget without getting prior authorization from the City. We will provide the City's representative and other designated team members with a copy of all results, including. • Daily field reports (upon completion of each shift) • Daily test results performed in the field (upon completion of each shift) • Project memos or clarification requests (as needed) • Budget status reports (weekly or monthly) • Any unusual or unanticipated activity or observations (as noted) City Council 21 — 100 7/6/2021 Kleinfelder Statement of QualificationS for Qn-Call Material Testing and Special lnSpeCtlon ServiceS for City of Santa Ana, RFH No. 20-111 Laboratory test reports will be forwarded electronically to the City's representative and designated team members. Our laboratory test results will be submitted in accordance with the time frarnes listed in the City's RFQ Section titled Reporting Test Results. A final report will be prepared for materials testing and inspection services, summarizing the observations and testing made in the field and laboratory, and providing conclusions for suitability and recommendations. T r, o w,. a on war rvU-r. , L r w n t I I'I,w) re nrr rr:re,ar .. r.r, t, n m 7 �4 n' r I ",.a ' r 0„,'..k, Commitment to Safety Kleinfelder employs the LPSt (Loss Prevention System) program in all of our work practices. The basis of LPS is reducing losses (both safety and financial) by identifying unsafe conditions or behaviors and providing the means to mitigate them. Kleinfelder's adoption of the LPS® system has resulted in a total recordable incident rate (TRIR) of 0.40, the lowest in Kleinfelder's history. Kleinfelder is proud to have integrated the LPStat system into our culture, and we believe it sets our firm apart from our competitors by taking a more focused and proactive approach to safe work practices and empowering each employee to identify potential hazards and make safer choices. e. Relevant Project Experience Client: OCPW Fee' $1.5M Duration: 2015 - ongoing Reference: Vinh Tran, PF, Senior Fngineer 714.955.0210 vinh.tran cr ocpw.ocyov.corn Relevance to this Contract: • Materials testing and inspections • I aboratory testing • Public structure improvements • Geotechnical engineering review of contractor submittals Key Staff • Dany Hanna, PE, MS, MBA • Mike Dorsch • James Stiady, PhD, PE, GE • Rick Bell • Bryan Reese, ASP • Eddie Jabbour - Juan Le Roy • Jeffrey Diaz • Cameron Massa Ali Rehman • Toni Rebosky • Shawn McLaren - Sage Dempsey • Michael Magana • Dominic Montemayor • Christian Castanar • Edmond Jabbour Kleinfelder is currently providing construction inspection, geotechnical engineering, and materials testing and inspection services for OCPW under the a ir mr,r_ r .rmt 0, M Yr r1 r N. Under on -call contract, Kleinfelder is providing materials testing and inspection services in support of the OCPW QA program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. All testing is performed in accordance with OCPW Standards and Procedures using CTM, ASTM, and/or AASHTO-AMRL testing. Kleinfelder complies with the County of Orange Standard Plans, Greenback Specifications, Caltrans, ASTM, AASHTO-AMRL, and APWA Standards. In addition, Kleinfelder's material testers, inspectors, and laboratories are certified with Caltrans, CCRL, AASHTO-AMRL resource accreditation, and ASTM D3666. Kleinfelder also complies with all applicable requirements of the California Construction and General Industry Safety Orders, the California Occupational Safety and Health Act (Cal -OSHA), County of Orange's Safety and Loss Prevention Program and all applicable laws and regulations. Oso Parkway Bridge Replacement, Aliso Viejo. This project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. r i r r^ i . rw Kleinfelder has performed concrete batch plant inspections, PCC aggregate sampling and testing, and onsite flexural beam fabrication and laboratory testing per Caltrans test methods. Additionally, HMA batch plant inspections occurred and Kleinfelder materials testers sampled the HMA, binder, and aggregates for testing in our Caltrans accredited laboratories. City Council 21 — 101 04 0 , 10 7/6/2021 Kleinfelder Statement of QualificationS for Qn-Call Material Testing and Special lnSpeCtlon ServioeS for City of Santa Ana, RFH No. 20-111 Client: City of Long Beach Fee: $12M Duration: 1991-Ongoing Reference: Marc Wright, Construction Service Officer, Bureau of Engineering, Department of Public Works 562.570.5160 marc.wright@longbeach.gov Relevance to this Contract: • Special inspections • On -call services • Field testing per Greenbook and Caltrans specifications • Review of project plans & specs and submittals • Laboratory testing of Construction materials • Related public improvements Key Staff • Dany Hanna, PE, MS, MBA • Mike Dorsch • Bryan Reese, ASP • Roger Khoudessian, PE • Rick Bell • Sony Pheng • Jeffrey Diaz • Michael Magana • Juan Le Roy • Cameron Massa • Danielle Grey CLIENT BENEFITS Ability to Meet Schedule. Kleinfelder .: z,r, .,..a ,ta,a . rra n u ri o r).. •.r_ ao, L, „ro . w_', a_'.'' „,/ t ' i:„n ''...i.r re n" a_t;'w: r a_'re n„^'.... This allowed the team to assist the County laboratory in load -leveling with minimal disruption to meet seasonal construction testing needs. Ayailab iI ty/Responsiyeness. The depth of our team and local operations enabled us to identify the appropriate staff and %, , 3mA ai F," Sn 7, Ce IN � I tl v . t f . I q,,. it q Kleinfelder has been providing on -call geotechnical, materials testing and inspection services for the City of Long Beach since 1991. Under numerous contracts, ^ t,- d - iva•i ) c )4! f „' i x-r, wT r'R, T ii r w dI IT an Lr; +n Tta;:rra for the City. The scope of work comprises the improvement for numerous city street projects (federally and locally funded), airport runways and taxiways, public works facilities (fire stations & libraries) and parks. Under the a a i wjr uia l , ki r Li r a i i,a ' . & )f 3A Kleinfelder has been consistently providing quality and effective on -call materials testing services, which include observation and testing for asphalt concrete, soils, base, slurry seal, full depth reclamation, cement treated base, lime treated soil, FCC testing, and special inspection services of reinforced concrete, structural masonry, structural steel welding and bolting, shotcrete, spray -applied fireproofing, pre -stressed (pre and post -tensioned) concrete, installation of adhesive and mechanical anchor bolts and dowels, HMA, PCC batch plant inspections, and soil nail installation observation. In addition to materials testing and inspection services, Kleinfelder performed batch plant inspection and reviewed I IMA and PCC pavement mix designs. Kleinfelder has also performed on -call environmental services under this contract including asbestos and lead -based paint surveys and abatement oversight. CLIENT BENEFITS Rapid, Local Response. Having a local laboratory resulted in cost saving to the City by minimizing travel time and sample pick up and drop off time and which indirectly yields to quick turn -around of test results, avoiding potential construction delays. Client: County of Los Angeles Kleinfelder has been providing on -call materials testing services for Department of Public Works the County of Los Angeles °a ccIV,(, Task orders have been Fee: $600,000 performed on numerous city streets, bridges, and public Duration: 2000 Ongoing Reference: improvement projects all throughout the County. City Council 21 — 102 04 1�� , a 7/6/2021 Kleinfelder Statement of QualificationS for Qn-Call Material Testing and Special lnSpeCtlon Services for City of Santa Ana, RFH No. 20-111 Greg Johnson, PG, CEG, Under the rr,« , vqm , iu, i ,.f 0, ,, i f e,« i n;a„ tm' � n thn., Laboratory Supervisor Kleinfelder has been consistently providing quality and effective on -call 626.458.7986 materials testing services to the County. Projects include AC gjohnson@dpw.lacounty.gov pavernent grind and overlay, reconstruction of concrete curbs and Relevance to this Contract: gutters, sidewalks, median islands, curb ramps, driveway approaches, • Field investigations alleyintersections, another appurtenant work. Under the current- Construction monitoring • Laboratory testing contract, we have performed work on r, m, mpnl a r„ „ o rr„aa Kleinfelder 7.o • Evaluation services are performed in accordance with the , W'1 - Recommendalions m rr., :a V;A '% a or, CI. i,ai „. . n.r:,' na • Materials testing & inspection Martin Luther King, Jr. (MILK) Medical Center Campus East • Independent assurance testing Parrking Structure. Klcinfclder's Tcam included several County Key Staff certified special inspectors with past experience on post -tensioned • Dany Hanna. PE. MS, MBA parking structures in accordance with County and relevant • Mike Dorsch requirements/specifications. Kleinfelder also provided an Inspection - Bryan Reese, ASP Coordinator to fulfill and document the contractor's inspection • Roger Khoudessian, PE requests. We additionally provided multi -certified special inspectors • Rick Bell as -needed to observe placement of relnforcing steel, post -tensioned - Dorninic Monlemayor tendons, concrete, masonry block, masonry grout, anchor bolts, epoxy • Eric Kennedy • Kim Byrd dowels, and structural steel welding for this multi -story building. - Jason Eckerson Arcadia Mental Health Center Replacement. Kleinfelder provided • Robert Carman construction materials testing and special inspection services on • Mike Carman behalf of the County to assess conformance with the project - Jeffrey Diaz structural plans and specifications during construction. Our rnulti- • Cameron Massa certified, in-house technicians and inspectors provided staffing • Julian Calderon consistency and scheduling on this project, maintaning costs and - Michael Magana maximizing efficiencies. • Vartan Deirdeirian CLIENT BENEFITS Raoid local response of nearly two dozen local, certified materials testers and inspectors through our centralized dispatching system - minimizing costs associated with travel by utilizing staff who reside near the project sites. Client: Caltrans, District 8 Under the ,d i arr�r roa- fl M Or m„o r W „d, Vl rf l4 . Fee: $3.3 Million Kleinfelder is currently providing construction materials sampling and Duration: 2017 - Ongoing testing and batch plant (asphalt concrete/PCC) inspection services to Reference: Godson Anyanwu. Chief improve the State transportation system throughout Caltrans District Caltrans Southern Regional Lab 8, Our services are performed by materials engineering testers (SRL) holding the appropriate Caltrans, ACI and AASHTO certifications at 951-232.3834 numorous project sites and material supplier batch plants. Godson —Anyanwu ctidot.ca.gov nos, wa-f.ru V „ „a forr %I r ern „m, a;-,c , performs project scheduling and Relevance to this Contract: field coordination, review and distribution of daily field reports, materials • Construction materials documentation and information, and prepares reports to Caltrans observation standards and requirements. Our materials testers work together under - Materials testing per CTMs our rr„ :r 4-dr r . „. Ir•sl«:: Or and Caltrans Construction Manual CLIENT BENEFITS - Concrete and HMA batch Kleinfelder's multi certified Consultant Materials Testers have plant inspection ,,. ma.w rr, ..a• - p -. - ,r a,r „, „ '«,7r,.rr .- t -p [c , ,,cria City Council 21 — 103 7/6/2021 Kleinfelder Statement of QualificationS for Qn-Galt Materlat Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 • Field sampling of fresh concrete, HMA, soil, aggregate • Field nuclear gauge compaction testing • Materials testing services in mobile laboratories Special materials analysis and evaluation • Materials documentation and nrorrnalion • Preparation of reports Key Staff Dany Hanna, PE, MS, MBA • Mike Dorsch • Bryan Reese, ASP Roger Khoudessian, PE • Ali Rehman • Dominic Montemayor Eddie Jabbour • Kennedy Eubany • Jeffrey Diaz - Julian Calderon • Michael Magana • Juan Le Roy Client: City of Ontario Fee: $200,000 to date Duration: 2014 - Ongoing Reference: Tricia Espinoza, City Engineer 909.395.2000 Lespinoza@ci.onLario.ca. us Relevance to this Contract: • Preliminary geolechnical investigations • Geotechnical observaLions/lesling and report preparation • Materials testing and inspection services per ASTM, ACI, and Caltrans test methods • Review of project plans, specs, and submittals • Laboratory testing of construction materials • Related public improvements Key Staff • Dany Hanna, PE, MS, MBA • Mike Dorsch • Bryan Reese, ASP • Rick Bell • Sony Pheng 1,: C ore . (,t nrar a W ... v "'i w I, n r' r.P-- W nat m .1 r., irr. to Caltrans. Continuity and Depth of Expertise. Our team's existing knowledge with Caltrans staff, equipment, and processes means we require no training and have no learning curve. This results in high levels of quality assurance. Local Response/Efficiency from Dispatch to Report Distribution. Kleinfelder was able to draw upon a team of nearly two dozen materials staff with current Caltrans TL-0111 certifications. This large pool of materials engineering testers allows the team to assist the Caltrans staff in load -leveling with minimal disruption to meet their construction testing needs. Cost Savings. The Kleinfelder team utilized multiple laboratory facilities for equipment storage and materials testing services to minimize travel time and provide quicker laboratory testing turn- around times. Kleinfelder is currently performing as -needed geotechnical engineering and materials testing and inspection services as an extension to the city engineering department. Our services have included multiple task orders requesting materials lesling and inspection services during the rehabilitation of multiple residential streets and main commuter routes with the city. Typical task orders have included construction observation and field and laboratory testing or engineered rill soils and backfill, aggregate base rock, asphalt concrete and PCC utilized during utility and street improvement projects. CLIENT BENEFITS Staff Expertise/Quality Work- Kleinfelder's ccc-,+, fi r ar v. , car t t a; ,al n - )'f I tI A—, a n t n W,L,[ fM&a'6a°", 1(-Vd mAG- At`...,, F"C. ': aVf' ,01" CIO a .v proficiency. These certifications along with our local knowledge of the geology, material suppliers and sources allowed us to provide our client with a team possessing the most recent and relevant knowledge during construction activities. City Council 21 — 104 7/6/2021 Kleinfelder Statement of QualificationS for Qn-Call Material Testing and Special lnSpeCtlon ServioeS for City of Santa Ana, RFH No. 20-111 • Thomas Rebosky Ability to Meet Schedule. Kleinfelder utilized our team of local, • Jeffrey Diaz certified staff- to assist the city with minimal disruption to the traveling • Juan Le Roy public. - Cameron Massa • Shawn Mr,Laren Cost Savings/Local Office: Kleinfelder utilized our staff and laboratory • Michael Magana located in the City of Ontario to minimize costs associated with travel and increase laboratory testing and reporting time. Availability/Responsiveness: The depth of our team and local operation enabled us to rpm i f,1 m r a ]j,,, i ,to i iami,.r is -w.n ' a aui nr a.•,.W,,,: mr rFa ��, r: �r�; ,:. �.�, m :ry,. x �, �pt,.,;�,s. f. References I he following includes select examples of our project experience with references for three public entities for which Kleinfelder has performed similar work within the past five years. These projects are detailed in Section e. Relevant Project Experience. , �k� Project Name Orange County As -Needed Materials Testing & Vinh Tran, PE, Senior Engineer Public Works Inspection and Geotechnical 714-955.0210 (OCPW) Engineering Services vinh.tran(_k)ocpw.ocgov.com City of Long Beach On -Call Materials Testing and Marc Wright, Construction Service Geotechnical Services Officer, Bureau of Cngineering, Department of Public Works 562.570.5160 marc.wright@Iongbeach.gov County of Los County of Los Angeles Greg Johnson, PG, CEG, Angeles As -Needed Materials Testing, Laboratory Supervisor Inspection, and Geotechnical 626.458.7986 Engineering Services for Various Street glohnson cx dpw.lacounty.gov Improvement Projects City Council 21 — 105 0i I, ,d� , 0 r 7/6/2021 Kleinfelder Statement of Quahficiltions for On -Gall Material Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 Materials Testing and Special Inspection Services Kleinfelder offers materials testing and inspection services that can significantly reduce uncertainties during the construction process. Our engineers work closely with design professionals and other project team members throughout the project's duration, helping to balance the often -competing elements of time, budget, and quality. Kleinfelder plans to perform materials testing and inspection services to assist the City and on -site construction personnel, in maintaining awareness that workmanship is being performed to the project specifications and that construction materials utilized meet minimum project specifications. The depth of our local team and dispatch system enables us to identify the appropriate staff and schedule to respond quickly (within 4 hours or less) and provide the City with quick turn -around time. Our team is x pc c is kr�u v 1 a , c,a L:a , ,, r n ,,o t;a . or. JVr, : f n, r.. . f st " Wm.ar 1!, 4 Materials testing and inspection services will be performed by knowledgeable individuals familiar with local soil conditions and construction materials standards and attributes. These services are intended to complement and assist the City throughout construction -related activities and our staff will be responsible for: • Observing the work assigned for conformance with approved design drawings and specifications. • Registering deputy inspectors with the City's Planning and Building Agency prior to the start of inspection. • Furnishing typed field reports daily to the City, building official, owner's representative, construction manager, and other designated persons. • Submitting typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with Creenbook and CBC requirements within a week after the work is performed. • Bringing all discrepancies to the immediate attention of the contractor, and if uncorrected, to the attention of the construction manager and City representative. • Submitting a final signed report stating whether the work was to the best of our knowledge, in conformance with approved plans and specifications. Kleinfelder has in-house technicians and inspectors that have been certified by the following agencies: County of Los Angeles * City of Los Angeles Caltrans American Welding Society (AWS) * DGS/DSA for Masonry and Shotcrctc Inspection r International Code Council (ICC) * National Institute for the Certification of Engineering Technologies (NICET) * American Construction Inspectors Association (ACIA) American Concrete Institute (ACI) Kleinfelder provides CA inspection and testing services during construction of numerous projects including public works projects, commercial structures, bridges, mines, roadways, and airport runways. Our supervisory staff under the direction of our Project Manager/Principal Agent will be involved in all aspects of our materials testing and inspection services as well as the safety of our field staff. Vm 4%a o n n,''..., mu x ,,I IJ„,, ma, ®t fL" _tv , Vmj o aa,ma: Ar ;.try m o %.n..aa,,;n. ttiwv ,s„ u, <a OW ar„Q taro'^.,. Ar I, )cri 1' tl1 Im a q,,. f, P;as a r; r,8.m .,r ai ag i- ', is ccm:,J?,u n.:' LIQ WL - W.L it 'B -n °::o-;'dr:P* e rl -v Fa Vas i i ,, i is 1Ia m;+>f. a d i LW,.. Our In-house team can provide the full scope of services listed for the materials testing and inspection of construction -related materials including: City Council 21 — 107 716/2021 Kleinfelder Statement of Quahficiltions for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 Site grading Foundation excavations Backfill placement * Subgrade preparation * Pile driving Drilled pier construction * Rock anchor placement Precast concrete inspection * Welding inspection Concrete paving Masonry construction Reinforcement placement * High strength bolting * Batch plant inspection * Concrete placement M Asphalt paving Soil improvement Load tests A Steel construction * Painting s Expansion bolting * Drainage systems Field instrumentation * Underpinning * Source inspection s Fabrication shop inspection Listed below are the standard materials testing and inspection services which we expect to perform on this contract and have provided for similar on -call contracts - Soil and Aggregate Sampling and Testing. Our certified technicians will sample soil and aggregate using ASTM Standard Practice D75 for the appropriate laboratory testing, which may include sieve analysis, sand equivalent, cleanness value, K-value, maximum density, specific gravity, durability, soundness, and expansion potential. Bituminous Mixture Sampling and Testing. Our certified technicians will sample asphalt concrete mixtures in the field or at the batch plant using ASTM D979 for laboratory testing which may include maximum theoretical unit weight, asphalt extraction, stability, moisture and rutting susceptibility, and gradation analysis. Soil and Base Compaction Testing. Our certified technicians observe placement of soils and aggregate base material and conduct field testing using a nuclear gauge device or sand cone to evaluate the in -place density and moisture of the material and to calculate relative compaction. 7'4, 1%.i It 3,a ',,.a A:w;'i'I %V4 .,yapafln,.''r,r f, o,t l;a•n,Vre_ m r4, w, tr rO on T',s, dap l,:"n^ A9 :, , Im Uf C,3 la r- G ,r mna. TJ I TOL r. I v o• a. r r0 ,ays „ m 14 ry, Micro -surfacing and Slurry Seal. Our certified technicians observe the placement of slurry seal, scrub seal and micro -surfacing materials for resurfacing of the existing roadways. They check for oversize material, monitor mix temperature, proper mixing, and blending of the mix. Our inspectors can also collect samples of slurry seal for wet -track abrasion testing. Asphalt Compaction Testing. Our certified technicians observe placement and compaction of HMA material using nuclear density gauges in accordance with California Test Method 375. al.,n,. is : f ,u'„>':n^,iL:d,I AR: U n r.alir•,3 „r,a•s. wy;;,r. ,......m:,r,.,"„r.,m•W,,.,lno.t.,iir,ior.•fi`,tlyr r„a-;„,g r, ir,.a_'0 'as',,,v ar^,r ollIII )no .i v I „ "+I ,j a'S... Asphalt Batch Plant Inspection. Our certified technicians routinely provide batch plant inspection during paving operations to observe and document material quantities, mixing temperatures, binder type and temperatures. They collect samples of asphalt and aggregates and conduct moisture tests and grain sire analysis. They also ticket the load for identification by the field inspector. Concrete Batch Plant Inspection. Our certified technicians perform observation and documentation of procedures used in concrete batching. At the batch plant, the inspector monitors and records weights of ingredients for concrete, including admixtures. They also monitor mixing of concrete. slump, addition of water, and adherence to the approved mix design. They will ticket the load for identification by the field inspector. Inspection of Reinforcing Steel at the Fabrication Plant. Our deputy inspectors identify and sample reinforcing steel at the fabrication plant and tag the steel for recognition upon arrival at the project site. We also collect samples of reinforcing steel which are transported to our facility for laboratory testing (bend and tensile) as required by the project plans and specifications. City Council 21 — 108 1� to 716/2021 Kleinfelder Statement of QuahfiCiltions for On -Call MafeNal Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 Placement of Reinforcing Steel. Our deputy inspectors will verify the reinforcing steel placement prior to placement of concrete. Reinforcing steel is observed for size, spacing, type, grade. identification, placement, and configuration. Concrete Placement. Our deputy inspectors will observe placement of reinforced concrete and sample the concrete during placement. Our field services will include casting cylinders for compression testing, monitoring of slump, temperature, mixing time, mix design identification, and other field testing required by the plans/specifications. Welding of Structural Steel. Our deputy inspectors or an American Welding Society (AWS) Certified Welding Inspector (CWI) observe welding operations during structural steel erection and connection at the project location. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, prelpost-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Tiahtenina of Hiah-Strength Bolts. Our deputy inspectors observe the installation and tightening of high strength bolts as dictated on the project plans. We perform sampling and tension/torque testing of high strength bolts in accordance with applicable codes and project documents - Non -Destructive Testing of Welds. Our deputy inspectors certified by ASNT in Ultrasonic Testing (UT), Magnetic Parlicle Testing (MT), Dye Penetrant Testing (DT), or Radiographic Testing (RT) procedures perform nondestructive testing as required by the project plans, specifications, and applicable codes. Structural Steel Fabrication Shop Insoection. Our deputy inspectors or AWS-CWI will observe welding operations during fabrication shop welding prior to shipment of structural members to the project site. This is done on both a continuous and periodic basis as dictated by the approved drawings and applicable codes. Our services include the observation of welder certifications, material identification, joint fit -up, pre/post-weld heat treatment, and general compliance of structural steel construction to the project requirements and applicable codes. Installation & Testina of Drilled -In -Anchors. Our deputy inspectors observe the installation of reinforcing steel/anchor bolts using either a chemical epoxy or mechanical anchor, as specified. Our field services will include verification of the size, depth, spacing, and cleanliness of holes to receive the reinforcing steel/anchors. We will also verify adherence with the manufacturer's specifications for the chemical epoxy/mechanical anchor and conduct proof testing of drilled -in -anchors using approved methods (tension/load/torque testing). Masonry Construction. Our deputy inspectors perform continuous inspection of the placement of concrete masonry units, mortar, reinforcing steel, concrete grout, and items embedded in masonry. We will also sample and test construction materials including pre -construction masonry prisms, grout, and mortar for compression testing, as required by the project specifications. Spray -Applied Fireproofing. Our deputy inspectors visually inspect the condition of surfaces of structural steel to receive fireproofing. The contractor's method of mixing and application and perform thickness testing, density testing, and adhesion/cohesion testing in accordance with the project specifications is verified and the samples are transported to our laboratory for appropriate testing - Post -Tensioned Concrete. Our deputy inspectors observe the placement of post -tensioning Tendons, monitoring of tendon profile, and placement of reinforcing steel and concrete. We also measure and record elongation of the post -tensioning tendons during stressing operations. City Council 21 — 109 7/6/2021 1,10 If Kleinfelder Statement of Quahficiltions for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFH No. 20-111 Shotcrete. Our deputy inspectors will observe shotcrete placement and sample shotcrete materials for appropriate testing. They will observe cores of test panels looking for voids, sand lenses, rebound, or other evidence of inadequate application. Source Inspection. Our deputy inspectors will observe source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their source as required by the project specifications. Painting. Our deputy inspectors will visually observe painting/coatings and/or corrosion protection as required by the project specifications. This inspection may include non-destructive testing of the painting coating thickness and/or non-destructive testing which may include holiday testing to verify materials meet the project requirements. A",,t, t r A l r: 1 r,:.,.,J I d". ,, ,A.o::,J%.r:°..I lkAA m A>')i-'iV a ru.rr am, a a , I fllf� d, e, nf, '.a Oor .'o t0.o ,,r, , , -e.: ,p m, „m rm ,,I i rM C 0,m..P,. , ,, Afe a+e f«-.mr nuns r tr°'mr'n o •a•rr „:, a a I, - :rt a,r; a r. 'a•rwAe:::.^ rn ., „.,.mr o ca 1 x,An m w i i A m,_ f°..ty ^.Nall +. rf•r, ; mn n,_ nrm coo 8rn uA,: o (I •f. x., " rt, `IV, yrrt mrt,a ^;0 111- (, ly nm yr:,a• ,I m on- .I , „a„V'.,'u Independent Assurance Sampling and Testing OAST) Program Kleinfelder's KQMP is designed to be consistent with the requirements of ANSI/ISO/ASQ Q9001-2008, "Quality Management Systems - Requirements", Title 10 of the Code of Federal Regulations, Part 830, Subpart A— "Quality Assurance Requirements" (10CFR830, Subpart A) and implementation guidance providod Department of Enorgy Ordor 414.1 D, "Quality Assurance" (DOE O 414.1 D). Our KQMP is generally compliant with other quality requirement documents such as QC-1 (cited in Requests for Proposals by the Department of Defense) and meets Caltrans ISAT program. Our plan is typically invoked on Kleinfelder projects that require sampling/testing other than ANSI/ISO/ASQ Q9001-2008, or 1 OCFR830 Subpart A and Caltrans criteria, with no or minimal modification. Our KQMP consists of two parts which include a written overview of Kleinfelder's quality expectations and the specific endorsed Kleinfelder Quality Procedures (KQPs). This plan will be utilized to ; n, fy sou, i oay ,o orm .vs, ;Ar :,I1 rM'n, "mtlr9a, ,:.0 ,m p0 0 A� ,-0 p rA '. a MA ,, � rr„ I ', r,.,, ;.. is am, , ,'e ',a ie err Additionally, the plan includes our processes to ensure that actions are immediately taken when test results are questionable or when discrepancies are found, and the corrective actions taken upon findings. Our KQMP also includes a continuous review and as needed modifications, to our processes to slay up to date with industry changes and best practices that can benefit Kleinfelder and our clients. Laboratory Accreditations Kleinfelder maintains three southern California laboratories: Ontario, Long Beach, and San Diego. Kleinfelder's laboratories are fully equipped for testing construction materials. Kleinfelder has an in-house QA program to maintain a high level of accuracy and reproducibility in testing services performed by the firm. Experienced technicians perform the laboratory tests under the supervision of a registered professional engineer who will review all test results prior to distribution. rrt A 1r, Jn r y A a:,, n n:0 'Ar«.n•,. " -. e/ r. . r e i[rc ,S r ' „ r^. r ' Ir- I ¢ al! IN rra_ n .n.'11 a r no^ r^t, r w,sot 12 n, a,m I I, v [o ,r dI rrr r•r, n „ I, w,; n i Avij, All gauges, proving rings, scales, and other equipment used for testing are maintained and calibrated on a City Council 21 — 110 7/6/2021 Kleinfelder Statement of QualifiCBfions for On -Call Material Testing and S'peciel Inspection Services for City of Santa Ana, RFH No. 20-111 regular basis by certified independent agencies in accordance with recognized national standards. Kleinfelder's own QA program is supplemented with regular inspection by governmental agencies. The most significant outside QA inspection of our firm is by the National Bureau of Standards through the Commercial Testing Laboratory Accreditation Program administered by AASHTO-AMRL. A arm o-.- aoraalnr a,s5 t a all, a.rca-rm, ,al T,'I tW, 9 I oqt a ", ,.,t 2 CC -c,... nae AA;; G ft 0 1-"Fro as w Ito'— q x ,'w1q' d S, e F0 In Vr avrW an m o I�,O r. .a :r.s u,m r,i FA,i i, as , Ire; -m r, i r m- rq r- am.w: a am , o,, a 9 c r, r a.:: 7 a;,a t .,, a . Kleinfelder is one of the few commercial testing facilities in the state to participate in all of the programs, which are accepted as the most rigorous evaluation available in the field of materials testing. Kleinfelder's accredited laboratories are inspected and certified regularly by agencies that include * City of Los Angeles DGS DSA * CCRL * Caltrans AASHTO-AMRL * USACE Kleinfelder laboratory facilities offer state-of-the-art capabilities in PCC, asphalt concrete, steel, masonry, and soils. Our facilities meet all ASTM E329 requirements for testing of concrete, soil, masonry, and bituminous materials. Our laboratory and field-testing capabilities include the use of specialized equipment not found with many firms. Another value-added service Kleinfelder offers is self-contained mobile laboratories to conduct a variety of soils, materials, and concrete testing on site. All mobile laboratories undergo appropriate reviews, inspections, and certifications prior to commencement of construction. The ,� a, rWw: n,a Or-r ii p .r...,-aa oat 4 I,- a ,+ I r,,..., ,... -ar v `r .,,. a C. , f .mrml i ' m, W1 a:r„ rar a' r•. r o rt ,m_ : i1 o mar, ,r iwI m. r Results of sand equivalent, cleanness value, and sieve analysis material sampled from the material source will be submitted to the Resident Engineer within 24 hours of sampling. Similarly, results for these tests for soil and aggregate material sampled from the job site will be submitted in accordance with the City's RFQ Section titled Reporting Test Results. The Kleinfelder Team staffs its laboratories around -the -clock and will meet the City's demands to report laboratory test results. Our DBE subcontractor TransMat, Inc. also maintains an accredited laboratory that will be available as needed and will adhere to the same laboratory reporting timelines. Please see Appendix 8 for copies of laboratory accreditations. City Council 21 — 111 716/2021 Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Dany Hanna, PE, MS, MBA �.,..,:o,08 MBA, Concentration in n,m 1 01 artyeavr J rc -xl ae9tav I Finance Mr. Hanna has 19 years of experience serving as Principal -in - MS, Civil Engineering Charge, Operations Manager, Project Manager, Prograrn Manager, (Materials Engineering) and Contract Manager for multiple agency contracts, including Cities BS, Civil Engineering of Long Beach and Los Angeles, Counties of Orange and Los Angeles, Caltrans, and various southern California agencies. He has a successful history of managing large public agency contracts and Professional Engineer— on -calls with numerous task orders occurring simultaneously. He Civil, CA No. 70996 understands the need for continuous communication with the client in order to exceed the client's needs, and sense of urgency to provide qualified and committed individuals to successfully complete Loss Prevention System the work on time and within budget. At California State University Safety Training Long Beach, he taught civil engineering students on materials Defensive Driver Training/ engineering. Driver's License �, ,, ✓ , I _, , I 1, , 1 I I ...8 . T r Orange County Public Works (OCPW), As -Needed Materials 19 years total Testing & Inspection and Geotechnical Engineering and 1 q years with Kleinfelder Services, Orange County, CA. As Contract Manager, Mr. Hanna currently oversees this on -call contract for materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and inspection services in "i ;rrrruadit 11Ae rcw support of OCPW's Quality Assurance (QA) program for construction grvfar.mafxm ff„f a,marnn,rmrad of new or rehabilitation of existing roadways, flood control channels, fiV Van,, Hanna, parks, or other infrastructure projects. Kleinfelder complies with and f'i,ry,Bco Afrrvdovi'.. &i, all testing is performed in accordance with OCPW Standards and /iftff, to /Cl cal Procedures, Greenbook Specifications, Caltrans Standards, ASTM prolo, Wsiofraahr In orr org. Standards, AASHTO Standards, and APWA Standards. In addition, to aaaWaifet aiff qu dit,f .71 .7 Kleinfelder's material testers and laboratories are certified CCRL, aari emricri ,ir,fiaafwd off AASH 10 resource accreditation, and AS I M D3666. A recent project ftlffil is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The ra'c(fif,1601d if, r+tapsidv project consists of the removal, relocation and adjustment of existing c:,or„apetc*cat . tratt' improvements, excavation and grading, removal and relocation of rAaarc CUl -hVLterra`ttarr existing utilities, construction of new storm drainage and storm water c,omfJvriolf ut theso pre-treatment and storage system, construction of curb, gutter and 10'0fem-/m 01, 111f>c tmirr.v pedestrian walkways and ramps, bridge construction, roadway paving ekli lue (fmv and new overhead signage and traffic control devices. Services rc-+.,va_ifiWrifirn, " include concrete batch plant inspections, PCC aggregate sampling Charles R. Rarney, Chief and testing, onsite flexural beam fabrication, and laboratory testing. Construction Inspector City of Long Beach, On -Call Materials Testing and Inspection City of Long Beach Services for Street Improvements, Long Beach, CA. Program Manager currently overseeing this on -call materials testing and inspection contract that has included 100+ task orders to date. Projects have included soils, aggregate base, asphalt concrete, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for capital facility projects, street rehabilitation/improvements, bus pad repairs, construction of concrete curbs and gutters, sidewalk repairs, bridge repairs, and installation of traffic signals. Mr. Hanna oversees the field City Council 21 — 113 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 observation and testing, plant inspection, and laboratory testing services for the soils, base, Portland cement concrete, and asphalt concrete. County of Los Angeles, As -Needed Materials Testing and Inspection Contracts, County of Los Angeles, CA. Serves as Program Manager and oversees four on -call contracts with the County for as -needed materials testing and inspection services (50+ task orders to date). Typical projects have included soils, aggregate base, asphalt concrete, PCC, masonry, welding and fireproofing testing and inspection, and laboratory testing services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration at sites located throughout Los Angeles County. County of Los Angeles, As -Needed Materials Testing Services for Federally/Non-Federally Funded Projects, Los Angeles County, CA. Contract Manager. Currently oversees this as -needed materials testing and inspection contract that has included 20+ task orders to date. Typical projects have included soils, base, asphalt concrete, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration throughout the county. Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services, Riverside and San Bernardino Counties, CA. As Contract Manager, Mr. Hanna currently oversees this three-year, $3.3 million on -call contract for construction field materials testing services throughout Caltrans District 8. Our services are being performed at numerous project sites and material supplier batch plants. Our scope of services include the following: construction materials observation, materials testing per Caltrans Test Methods (CTMs) and Caltrans Construction Manual; concrete and I IMA batch plant inspection; field sampling of fresh concrete, I IMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans Standards and requirements. City of Ontario, As -Needed Materials Testing and Geotechnical Engineering Services, Ontario, CA. As Contract Manager, Mr. Hanna currently oversees the materials testing and inspection and geotechnical engineering services performed on an as -needed basis as an extension to the city engineering department. Services have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple residential streets and main commuter routes with the city. Typical task orders have included construction observation and field and laboratory testing of engineered fill soils and backfill, aggregate base rock, asphalt concrete and PCC utilized during street improvement projects. Caltrans District 7, Contract 07A4733 (Prior Contract 07A4077), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Contract Manager. Currently oversees this three-year, $5.0 million contract for on -call construction materials sampling and testing services to improve the State transportation system throughout Caltrans District 7. Our services are being performed at numerous project sites, and our scope of services includes the following: construction materials observation; materials testing per Caltrans test methods and Caltrans construction manual; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; and special materials analysis and evaluation. Caltrans SRL, Contract 08A2958 (Prior Contracts 08A2541 and 08A2218), On -Call Sampling and Testing of HMA and Asphalt Binder, Projects Located in Caltrans Districts 7, 8, and 12, CA. As Contract Manager, Mr. Hanna oversees this three-year, $4.6M on -call sampling and testing services contract for HMA (including HVEEM and Superpavc), metals, PCC, aggregates, and other related construction materials. As Caltrans' single point -of -contact, provides consistent communication and 24-hour availability. Coordinates resources and provides materials testers to perform laboratory testing services at Caltrans' SRL for highway/street improvements, and bridge repairs. Ensures timely delivery of task orders and maintains budget, schedule, and safety objectives. City Council 21 — 114 7/6/2021 i(LN'INP'C'L6N.'fi NlA �{.nil' )Btl %v tltltlY � Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A James Steady, PhD, PE, GE a..�R:. PhD, Civil Engineering l a". , 53 rm, or tt"a P Q0, MS, Civil Engineering Dr. Stiady has 20 years of technical and project management DS, Civil Engineering experience in pavement, geotechnical, and materials testing. He has managed geotechnical testing and special inspection for a.,, i . , , , ,1 various on call contracts throughout southern California. He Professional Engineer— performs Pavement Condition Surveys, designs pavement Civil, CA No. 66243 sections for highway and airfields, and develops and reviews pavement rehabilitation programs. He developed rnix designs for Geotechnical Engineer. CA Roller Compacted Concrete (RCC), conventional concrete, No. 2820 Superpave, and conventional hot mix asphalt. He obtained and o 1 a it, maintained AASHTO accreditation, developed laboratory software, Loss Prevention System and implemented QA/QC plans. Safety Training 1 , ,1,( ,1 %„p, . 1,g; Defensive Driver Training/ Orange County Public Works (OCPW), As -Needed Materials Driver's License Testing & Inspection and Geotechnical Engineering and 1;' .1i w c .�, Services, Orange County, CA. Materials Testing Engineer. On- 20 years total call contract for materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials 13 years with Kleinfelder testing and inspection services in support of OCPW's Quality Assurance (QA) program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. In addition, Kleinfelder's material testers and laboratories are certified CCRL, AASHTO resource accreditation, and ASTM D3666. A recent project is the 0-so Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. County of San Diego As -Needed Materials Testing and Geotechnical Consulting for Non - Federally Funded Projects, San Diego County, CA. Project Manager and Materials Testing Engineer. Manages materials testing and geotechnical engineering task orders; coordinates field and laboratory testing activities; provides supervision and quality assurance of testing procedures and test results for slurry seal, chip seal, and AC overlay projects; and coordinated swift response on an emergency repair road project. Caltrans District 11, Construction Materials Sampling and Testing Services, Contract EA- 11A2364 and 11A2365 (continued from prior Contract EA-11A2025), Imperial Valley, CA. Project Manager and Lead Material Engineering Tester. Manages np to 8 full-time field and laboratory technicians. Coordinates field and laboratory activities and provides consultation with Caltrans Resident and Materials Engineers. Services have included compaction testing, Concrete sampling, HMA batch plant inspections, HMA sampling, oil sampling, and aggregate sampling. Laboratory testing included mix design verification, soil and base maximum density, Caltrans- required aggregate quality testing, gradation, sand equivalent, Superpave gyratory compactor maximum density, Hamburg Wheel Track testing, tensile strength ratio, concrete compression, and flexural beam strength testing. City Council 21 — 115 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 Caltrans District 11, Construction Materials Sampling and Testing Services, Contract EA- 11A2466 & 11A2479 (continued from prior EA-11A2026), San Diego County, CA. Project Manager and Lead Material Engineering Tester. Manages and coordinates field and laboratory activities and provides consultation with Caltrans Resident and Materials Engineers. Services have included sampling of subgrade soils, aggregates, HMA, oil, and concrete, batch plant inspections for HMA and concrete plants, and laboratory testing. Our materials testers perform soils, aggregate base, HMA, concrete sampling and testing in the field on various EA, and perform HMA testing in our AASH 10 and Caltrans-accredited laboratory; augmenting the Caltrans District 11 laboratory. Imperial County Department of Public Works, On -Call Soils and Geotechnical Engineering and Materials Testing, Imperial County, CA. Geotechnical Engineer responsible for developing Quality Assurance Plans, review of AC mix designs, preparation of AC and aggregate lab testing programs, and pavernent consultation during roadway construction projects. City of Long Beach, Runway 7R-25L, 8R-26L, R12-30, Long Beach, CA. Oversaw QA Testing and Inspection Services for improvements to various runways and performed Phase II Pavement Condition Surveys. Designed pavement sections for highway and airfields and developed and reviewed pavement rehabilitation programs. County of Imperial, On -Call Services, LTA Phase 1 AC Overlay, Imperial County, CA. Project Manager/Pavement Engineer. Managed the repair of pavement failure, placement of two -inches of AC hot mix overlay, and placement of Type 2 slurry seal coat at 13 locations. Responsible for oversight and coordination of field and laboratory testing for subgrade, base, AC overlay, chip seal, and slurry seal. Provided recommendations for pavement section and subgrade stabilization at I lorne Road. Implemented QC program for chip seal, slurry seal, cold -in -place recycling, and AC overlay. University of California, San Diego (UGSD), Various Projects, San Diego and La Jolla, CA. Project Manager for construction materials testing and special inspection services for various UCSD projects including UGSD 5079 Mesa Pedestrian Bridge, 4981 MCLJ EVS, 5020 ED RIC, 5240 Soccer Field Conversion, 4930 EMF Building, 5094 Thornton Endoscopy Renovation, 5085 Muir Biology Building Renovation, 5250 Price Center West Renovation, 5166 Barreiro Laboratory Renovation, 5262 Outback Adventures, 4484 MCLJ Outpatient, MC18111 JMC Family Lounge, MC18144 Network Antenna, MC 18070 JMC SPD Remodel, MC 17110 SCVC. University of California, San Diego (UGSD) Jacobs Medical Center, Various Projects, La Jolla, CA. Deputy Project Manager, providing engineering and management support for field inspectors and material testers. He provided training for field personnel in utilizing UCSD's cloud system. Dr. Stiady oversaw the special inspection for structural welding and high strength bolting activities. concrete placement inspection and testing, and rebar inspection, sampling, and testing. San Diego Community College District, Building A, D, T Renovation, San Diego, CA. Deputy Project Manager managing inspection activities with contractor work in -progress and building rapport with the Inspector of Record. Project scope includes special inspection for structural welding, high strength bolting, fiber -reinforced polymer (FRP) installation, concrete placement, rebar inspection, post -installed anchors, ceiling wires, and masonry placement. The renovation of the "A" building upgraded 52,000 square feet of Student Services and Administration Office space. Renovations included seismic and structural upgrades, removal of portions of the original structure to enhance the new plaza area, full interior demo and modernization build -out. The "D" building component of the project replaced the existing roof dock with a now rooftop dock, existing planters, and raised areas of the roof will be transformed into student and faculty gathering areas. The renovation of the "T" building involved approximately 77,000 square feet of space, creating new homes for the engineering department and other technical specialties. Renovations included seismic and structural upgrades, full interior demo and modernization build -out. City Council 21 — 116 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Roger Khoudessian, PE, NICET, ICC, CTMs, AASHTO Professional Engineer- trdw_ w`f C,D- Va moor Civil, CA No. 73806 Mr. Khoudessian is a registered Professional Engineer with 17 Caltrans Test Methods years of experience as a materials engineer, laboratory rnanager, Certified PG Binder and project and field manager. He is experienced with Tochnician communicating and coordinating with Project Managers and responsible for the daily operations and tasks associated with NBTC No. AI227, DSR, directing, reviewing, and monitoring work performed by Klcinfcldcr BBR, DTT inspectors. He is also experienced with overseeing, coordinating. ICC Special Inspector: and scheduling based on each tester's experience and expertise. Structural Welding; Structural Steel/Bolting He currently serves as HMA Laboratory Lead Tester conducting tests per Caltrans and AASHTO lest methods, operating daily NICET Level II: onsite at the Caltrans SRL under Contract 08A2g58. Aqqreqate, Asphalt, Soils His laboratory experience in soils and aggregates includes Assistant Radiation Safety modified proctor compaction for different types of soils and Officer particles size analysis through sieving and hydrometer, durability index, cleanness value, sand equivalent, organic impurities, sulfate AWS - Certified Welding soundness, unit weight, LA abrasion, consolidation, direct shear Inspector and remolded shear. He has performed laboratory testing on HMA AASHTO: HMA, Asphalt including stability and flow, Hveem and Marshall compaction Binder, Soil, Aggregate, methods, oil content (by ignition oven and extraction by solvent). PCC calibrating ignition ovens for binder and aggregate correction IATA Certification factors, Superpave gyratory compaction, indirect tensile strength, (Hazardous Materials Hamburg Wheel testing and analysis, core densities and Transport) preparation of AC mix designs. Mr. Khoudessian has performed laboratory testing on PCC including entrained air voids, slump test. t Kelly ball test, unit weight, compressive and flexural strength, field Nuclear Gauqe Operator sampling, and curing. He has performed HMA batch and drum Training plant inspections, and PCC batch plant inspections. He is Loss Prevention System extensively ramiliar with ASTM, AASHTO, Callrans, Greenback, Safety Training US Army Corps of Engineers, AWS, and ACI standards. His managing experience in the special inspection field includes Defensive Driver Training/ reinforced concrete and masonry, structural steel and bolting, Driver's License structural welding, fireproofing, Pre -stressed (Post -Tension and 8 , ), „ 1,4 Pre -Tension concrete), and pervious concrete. He is familiar with 17 years total the design and testing of PCC pavements including Lean Concrete Base (LOB), as well as the review and verification of Emulsion 17 years with Kleinfelder Aggregate Slurry, I reated Aggregate Base, PCC and HMA mix designs. 'I .i.I , . � .� , .1 City of Long Beach, On -Call Soils and Material Testing and Inspection Services for Street Improvements, Long Beach, CA. For 17 years, Mr. Khoudessian managed numerous as - needed soils and materials testing services on continued contracts. Projects included lime and cement full depth reclarnation of soils. AC field testing and inspection, AC batch plant inspection. slurry seal testing and placement observation, PCC placement observation, field percolation testing, installation of French drains, and managing special inspections. Projects followed Greenback specifications, CBC, and Caltrans Standard Specifications. City Council 21 — 117 11), ,M, A',Ia[,!, ^ W dp , p i `li 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 County of Los Angeles, As -Needed Materials Testing Services for Federally and Non - Federally Funded Projects (Contract PW13972), Los Angeles County, CA. Mr. Khoudessian serves as Supervisor of Laboratory and/or Field Technicians under our on -call contract with the County of Los Angeles for federally and non -federally funded projects. Kleinrelder provides materials observation and testing services for various street improvement projects. The federally funded projects consist of AC pavement grind and overlay, reconstruction of concrete curbs and gutters, sidewalks, median islands, curb ramps, driveway approaches, alley intersections, and other appurtenant work. Caltrans District 8, (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services, Riverside and San Bernardino Counties, CA. Consultant Supervisor of Laboratory and/or Field Technicians/Lead Materials Engineering Tester. Mr. Khoudessian is providing on -call construction field materials testing services to improve the State transportation system throughout Caltrans District 8 (covering Riverside and San Bernardino Counties). Our services are being performed at numerous project sites and material supplier batch plants. Our scope of services include the following: construction materials observation; materials testing per CTMs and Caltrans Construction Manual; concrete and hot mix asphalt batch plant inspection; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; providing materials documentation and information, and preparation of reports to Caltrans standards and requirements. Caltrans District 7 (Contract 07A4077), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Mr. Khoudessian serves as Consultant Supervisor of Laboratory and/or Field Technicians/Lead Materials Engineering Tester for this contract which includes as -needed construction field materials testing services to improve the State transportation system throughout Caltrans District 7 at numerous project sites. Services include the following: construction materials observation, materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete. HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans Standards and requirements. Caltrans SRL, Contract 082958, and Prior 08A2541108A2218, On -Call Sampling and Testing of HMA and Asphalt Binder, Districts 7, 8, and 12, CA. Mr. Khoudessian acted as HMA Laboratory Lead Tester conducting tests per Caltrans and AASHTO test methods. Tests included: HVEEM stability and unit weight, rice density, ignition oven and gradation on extracted aggregate, correction factor determination, Gyratory compaction for superpave briquettes, moisture susceptibility test per AASHTO T283, and Hamburg Wheel testing per AASHTO T324. City Council 21 — 118 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 NICET- - Field, Level II - Laboratory, Level II National Ready Mixed Concrete Association. Portland Cement Concrete OSHA 40-Hour HAZWOPER Certified Radiation Safety Officer (RSO) a l cr n� Nuclear Gauge Operator UT-JI-affl-91 MM, Rick Bell. NICET, NRMCA, RSO iw_ aJ C.rr- &glad moor Mr. Bell has 38 years of experience with task order management and laboratory and field quality assurance testing, including construction inspection, shop fabrication inspection, materials testing, batch plant inspection, and office engineering. He performs/oversees inspection and materials testing for various aspects of roadway, highway and bridge projects, including drainage, structures, subgradcs, embankments, and pavement. Materials testing experience includes soils, aggregate. asphalt, concrete, and structural steel, inspection experience includes implementation of project plans and specifications, documentation, and processing of change orders and pay estimates during the construction process. Mr. Bell is knowledgeable with the requirements of Caltrans, FHWA. AASHTO, and ASTM, and is experienced with design of pavements, sampling, and field testing according to Caltrans specifications, FAA Standards and local agency specifications. Training Loss Prevention System Safety Traininq Orange County Public Works, As -Needed Geotechnical Defensive Driver Training/ Engineering and Materials Testing & Inspection Services, Orange Driver's License County, CA. Project Manager. On -call contract for materials testing and inspection and geotechnical engineering services for OCPW. �d ,.•r Kleinfelder is providing materials testing and inspection services in 38 years total support of OCPW's Quality Assurance (QA) program for construction of 31 years with Kleinfelder new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. In addition, Kleinfelder's material testers and laboratories are certified CCRL, AASHTO resource accreditation, and ASTM D3666. A recent project is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. County of Los Angeles, As -Needed Materials Testing Services for Federally/Non-Federally Funded Projects, Los Angeles County, CA. Materials Task Order Manager since 2010 on this ongoing contract. Kleinfelder provides materials testing and inspection services for various projects for the County of Los Angeles. These projects consisted of roadway improvements, airport rehabilitations, ADA upgrades, park beautifications, and modifications of miscellaneous County facilities. Typical services have included soils, aggregate base, AC, PCC, masonry, welding, fireproofing, and laboratory testing services for street improvement projects, capital facility projects, repair of earthquake and non - earthquake facility damage, and facility alteration at sites located throughout the County. City of Ontario, As -Needed Geotechnical Engineering and Materials Testing and Inspection Services, Ontario, CA. Project Manager for numerous projects under this contract. Services have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple residential streets and main commuter routes. Managed the recent Recycled Water Improvements for Riverside Drive (OMUC), which included four "Bid Schedules" A-D during construction activities. Each of the bid schedules included installation of various diameter PVC and/or City Council Vl, 11 1{.Ili..Y" 21 — 119 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 1•• a I Nk _91 WMI CML/CMC water pipe as well as installation of various fire hydrants, butterfly valves, blow -off assemblies and air release and vacuum valve assemblies which required saw cutting and removal of existing AC pavement, trench excavation, pipe and assembly installation and backfill and placement of new AC pavement. The finished roadway within the utility trench consisted of 8 inches of AC over a 10- inch section of aggregate base. The project was completed on time and within budget. Caltrans SRL, Contract OBA2958 (Prior Contract 08A2541), On -Call Materials Sampling and Testing Support Services for Projects Located in Caltrans Districts 7, 8, and 12, Southern CA. Consultant Task Order Manager/CA Manager. Three-year on -call contract for sampling and laboratory testing of HMA and aggregate materials. Mr. Bell oversees the Kleinfelder team internal training and certification process and assists Kleinfelder's contract manager with monthly billing and staffing projections. In addition, Mr. Bell developed a project -specific safety program to be used in conjunction with Caltrans safety procedures for testers working at Caltrans' SRL. City of Burbank, Annual Street Rehabilitation Program - Construction Inspection, Burbank, CA. Quality Assurance Manager/Project Manager. Oversaw construction inspection services during rehabilitation of 27 lane miles of residential streets. The project comprised construction of new ADA ramps to meet code requirements, a 1.5-inch grind and overlay of existing asphalt concrete pavement, and rernoval and replacement of curb and gutter at various locations. Documented daily construction activities and performed quantity calculations and pay application reviews on behalf of the city for final acceptance by the city engineer. Mr. Bell provided recommendations on how best to utilize the project bid item for contractor quality control, and the city utilized these recommendations as suggested to monitor the contractor's means and methods during construction activities. Caltrans District 7, Contract 07A4733 (Prior Contract 07A4077), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Quality Assurance Manager for as - needed services to improve the State transportation system throughout Caltrans District 7. Performs and oversees construction materials observation; materials testing per CTMs and Caltrans Construction Manual, field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans Standards and requirements. County of Riverside Transportation Department, On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Project Manager/Quality Assurance Manager responsible for construction inspection and materials testing oversight, training, and cost controls. Maintains communications with County project Resident Engineers and inspection staff to identify project -specific needs during construction activities for projects falling under Caltrans jurisdiction. Assists the County with scheduling and dispatching of appropriate Kleinfelder testers and inspectors and maintains summaries of QA test results for ongoing projects involving Kleinfelder laboratories and materials testers. Additionally, Mr. Bell has assisted the County's project Resident Engineer during the preparation and approval processes associated with a required Source Inspection Quality Management Plan (SIQMP) and project closeout reports. Asphalt Rubber HMA (ARHM) Designs, County of Los Angeles Department of Public Works, CA. Quality Assurance Manager. Provided laboratory ARHM-GG-C mix proportions (with and without 15% RAP) on materials collected from three separate Los Angeles County material suppliers. The purpose was to verify existing ARHM-GG-C job mix formula (JMF) proportions currently being provided to the County; investigate the suitability of a 15% recycled asphalt pavement (RAP) replacement in each JMF, and check the binder properties of the RAP collected from each of the three plant locations sampled. Provided material sampling and laboratory mix proportion utilizing aggregates, RAP, and PG 64-16 asphalt rubber binder collected during routine production of ARHM asphalt concrete at each of the three batch plants selected. Laboratory testing included California Test Numbers 304, 308, 309, and 366. City Council 21 — 120 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 1•• a I Nk _91 WMI Mike Dorsch Jw 1 08. AA, General Education 7..`�wn tl ! t m%,, :.n'.G 1"o t�I:Grl.4Qo- Mr. Dorsch brings 13 years of experience in construction materials Quality Assurance/Quality Control (QA/QC) consisting of Radiation Safety Officer production and placement of HMA, PCC, soil, and aggregate Training materials. He is responsible for the daily interaction with clients consisting of Caltrans, public works agencies, and contractors. 0 Instrumental in providing QA/QC management for projects Nuclear Gauge Operator consisting of field inspection, laboratory report review, project field Training supervision, and providing technical support to the project team. Loss Prevention System Safety Traininq Mr. Dorsch is currently Kleinfelder's QA Manager and/or Task Defensive Driver Training/ Order for Orange County Public Works, County of I os Angeles, Driver's License Caltrans District 8 (08A2768), SRL (08A2958), and District 7 (07A4733) on -call contracts. He ensures the timely delivery of task it a 18 w r � i order requests throughout the project duration, scrutinizes budgets, 13 years total and maintains scheduling and safety objectives. He provides 3 years with Kleinfelder oversight of field testing services at project sites and material supplier batch plants, performs project scheduling and field coordination, review and distribution of daily field reports, materials documentation and information, report preparation according to Caltrans and local agency standards and requirements, and writes and implements quality assurance plans for various types of projects under the jurisdiction of local agencies, FAA, Caltrans, and DSA. � 1, 1+ w _ u _ 1, _ Orange County Public Works (OCPW), As -Needed Geotechnical Engineering and Materials Testing & Inspection Services, Orange County, CA. QA Manager. On -call contract for materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and inspection services in support of OCPW's QA program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. In addition, Kleinfelder's material testers and laboratories are certified CCRL, AASHTO resource accreditation, and ASTM D3666. A recent project is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and now overhead signago and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. City of Long Beach, On -Call Materials Testing and Inspection Services for Street Improvements, Long Beach, CA. Task Order Manager. Mr. Dorsch serves as Task Order Manager for this three-year on -call materials testing and inspection contract with the City of Long Beach that has included more than 100 task orders to date. Projects have included soils, base, AC, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for capital facility projects, street rehabilitation/improvements, bus pad repairs, construction of concrete curbs and gutters, sidewalk repairs, bridge repairs, and installation or Lrarric signals. He has daily interaction with our team of inspectors and weekly review and tracking of budgets. County of Los Angeles, As -Needed Materials Testing Services for Federally and Non - Federally Funded Projects (Contract PW13972), Los Angeles County, CA. Mr. Dorsch serves City Council V), {./, il' A , , ., ',( I 21 — 121 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Qiealifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 1•• a I Nk _91 WMI as Task Order Manager for this as -needed contract with the County of Los Angeles for federally and non -federally funded projects. Kleinfelder provided materials observation, field inspection and testing, and laboratory testing services for various projects throughout the County of Los Angeles. The federally funded projects consisted of asphalt concrete pavement grind and overlay, reconstruction of concrete curbs and gutters, sidewalks, median islands, curb ramps, driveway approaches, alley intersections, and other appurtenant work. Kleinfelder's services were performed in accordance with the County of Los Angeles QA Plan and the Caltrans Specification Section 39 (asphalt concrete). Kleinfelder provided asphalt concrete observation and testing services at the production plant and job site, as well as construction materials laboratory testing services at our laboratory facilities. Caltrans District 8, (Contract 08A2768), On -Call Materials and Testing Services, Riverside and San Bernardino Counties, CA. Mr. Dorsch serves as Task Order Manager responsible for QA materials testing and inspection services to improve the State transportation system throughout Caltrans District 8 (covering Riverside and San Bernardino Counties). He provides oversight of field- testing services performed at numerous project sites and material supplier batch plants. Mr. Dorsch is responsible for project scheduling and field coordination, review and distribution of daily field reports, providing materials documentation and information, and preparation of reports to Caltrans Standards and requirements. He reviews and processes timesheets and expense reports directly relating to the implemented Caltrans procedures for the contract. 1-405 Sepulveda Pass Widening, Los Angeles, CA. Mr. Dorsch served as QA Project Manager tasked with the oversight of field and batch plant inspectors for the design -build project which involved constructing one 10-mile high -occupancy vehicle (HOV) lane northbound on Interstate-405 from Interstate-10 to US-101. The project realigned existing on and off ramps, reconstructed 23 bridges and ramp structures, built approximately 18 miles of retaining walls, and added road improvements on the adjacent city streets. He was responsible for review and distribution of daily field reports, tracking material quantities, and implementing the laboratory testing program. Mr. Dorsch dispatched and scheduled inspectors for multiple scopes of work. Los Angeles World Airports (LAWA) Specialty Staff and Materials Testing Services, Los Angeles, CA. Mr. Dorsch serves as Operations Manager and the primary point -of -contact to coordinate Kleinfelder's services with LAWA's Quality Assurance Program Manager and the Quality Assurance & Construction Inspection Division for this large-scale $14R construction program. He is responsible for the performance of the Kleinfelder Team which includes a group of 19 subconsultants who act as an extension of LAWA's QACID by providing inspectors and specialty staff to augment LAWA's inspection group under the direction of Chief Construction Inspector Mr. Gerardo Lopez and his assigned Principal Inspectors. The Kleinfelder Team worked around -the -clock performing Deputy Ruilding Inspection, MFP Inspection, Security Inspection, Construction Fscort Staffing, Project Inspection Office Engineering, Knowledge Management, and providing Construction Management Interns to help achieve LAWA's overall goal of delivering these complex projects on schedule and within budget. Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Mr. Dorsch serves as Consultant Task Order Manager for this contract which includes as -needed construction field materials testing services to improve the State transportation system throughout Caltrans District 7 at numerous project sites. Services include the following. construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans Standards and requirements. Mr. Dorsch ensures the timely delivery of task order requests throughout the project duration, scrutinizes budgets, and maintains scheduling and safety objectives. City Council 21 — 122 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 Bryan Reese, ASP a,m..o,.eR BS, Biology am I r & "'Jol y 01,1g00r Mr. Reese serves as the Health and Safety (H&S) Manager for Kleinfelder's Western United States operation. In this position he Board of Certified Safety is responsible for pre -proposal scope of work review to anticipate Professionals Associate and develop strategies to reduce H&S risks, prepare/review site - Safety Professional specific H&S plans, audit of safe work practices and procedures (ASP) at Kleinfelder work sites and laboratories, investigation of near - In Progress: SCSP incidents to identify causal factors, root causes, and solutions to Certified Safety reduce potential reoccurrence, and analysis of safe performance Professional (CSP) leading indicators for various projects across Kleinfelder's technical disciplines and market sectors. Mr. Reese commonly ' leads health and safely planning efforts for high -risk activities OSHA 30-Hour such as confined space entry, work over water, work at heights, Construction Industry and excavation/heavy equipment to ensure that work practices Outreach Training implemented in the field meet applicable occupational safety and Kleinfelder Certified Loss health regulations and the policies described in Kleinfelder' Injury Prevention System and Illness Prevention Plan. Mr. Reese participates with the Certified Health and development, improvement, and implementation of over -arching Safety Trainer corporate health and safety management system initiatives and First Aid & CPR Traininq leads H&S training and mentoring efforts with Kleinfelder Defensive Driver Training/ employees within his span. Driver's License W , I 0, 1 ldh ._ Orange County Public Works, As -Needed Geotechnical 15 years total Engineering and Materials Testing & Inspection Services, 13 years with Kleinfelder Orange County, CA. H&S Manager. On -call contract for materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and inspection services in support of OCPW's Quality Assurance (QA) program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. In addition, Kleinfelder's material testers and laboratories are certified CCRL, AASHTO resource accreditation, and ASTM D3666. A recent project is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing irnprove rnents, excavation and grading, rernoval and relocation of existing utilities, construction of new storm drainage and storm water pre- treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. Caltrans, West End Viaduct, CA. H&S Officer. The project involved the advancement and sampling of several geotechnical borings along the proposed alignment of a viaduct expansion. For the implemented field activities, Mr. Reese managed preliminary hazard identification and risk assessment, and planned for safe work practices and procedures in accordance with regulatory, client, and Kleinfelder H&S standards. Also provided oversight for implementation of safe work practices, subcontractor H&S management, and management of change. City Council 21 — 123 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 County of Los Angeles Department of Public Works, Rancho Los Amigos Rehabilitation Hospital, Site 1 Demolition and Make -Ready Project, Downey, CA. H&S Officer. Kleinfelder is providing building inspections, materials testing, geotechnical engineering, IOR, and hazardous materials abatement monitoring. Mr. Reese managed the abatement oversight of hazardous building materials, including asbestos -containing materials (AGM) and lead -based paints/materials for various facility buildings at the Rancho Los Amigos facility prior to demolition for the Site 1 Make -Ready Project. Also was responsible for coordinating internal and subcontracted resources, review of analytical and H&S containment data, preparation of post - abatement close-out reports, and coordination with client and project stakeholders. LA County METRO, Site -Specific H&S Plan for Division 20 Portal Widening, Los Angeles County, CA. H&S Officer. The project included the oversight of the demolition of existing buildings, including the evaluation and removal of hazardous building materials, and excavation of environmentally impacted soil resulting from industrial activities performed by prior property owners. Mr. Reese participated in the preparation of the Site -Specific H&S Plan, provided consult for managing safety -related change in condition and performed periodic audits of Kleinfelder safe work behavior to verify compliance with applicable occupational safety and health regulations and Kleinfelder's Injury and Illness Prevention Plan. Riverside County Transportation Commission, Irvine Corona Expressway, Orange and Riverside County, CA. H&S Officer. Mr. Reese provided periodic support as a field scientist for feasibility -level geotechnical investigation for 10-mile long transportation corridor for twin 50 ft. diameter tunnels through the Santa Ana Mountains. The investigation included five (5) deep rock core borings up to 1.500 feet deep to evaluate rock mass characteristics, groundwater conditions and hydraulic conductivity, and preparation of geotechnical data and assessment reports. Specific project duties included. H&S monitoring and oversight, assistance with core sample preparation, and monitoring for compliance with US Forest Service and other applicable project permits. City of Los Angeles, Department of Water and Power, Streetlight, Los Angeles, CA. H&S Officer. Mr. Reese managed a human health risk assessment project which evaluated the potential intrusion of PCE vapors into indoor air within office buildings. Responsibilities included development of experimental design, establishing laboratory reporting limits, oversight of subcontractor installation of sub -slab soil vapor probes, collection of sub -slab soil vapor and air samples, and preparation of assessment report and Tier 1 HHSF. City of Los Angeles, Department of Water and Power, Former DKR Lease Site, Los Angeles, CA. H&S Officer. Mr. Reese was responsible for implementing a shallow soil, soil vapor, sub -slab soil vapor, and indoor/outdoor air sampling program associated with a release from a gasoline UST. Responsibilities included scoping field sampling approach, establishing laboratory reporting limits, oversight of subcontractor installation of soil gas and sub -slab soil vapor probes, collection of soil, soil vapor, and air samples, and preparation of assessment report and Tier 1 HHSE. City of Long Beach, Long Beach Airport Cover Street Stockpile Sampling, CA. H&S Officer. Managed the assessment and environmental testing of a 66,000 cubic yard stockpile of soil and construction debris accumulated from multiple construction projects at the airport. The stockpile constructed of discontinuous strata of soil, concrete, and asphalt was not structurally sound and Mr. Reese created an assessment plan consisting of a combination of excavation and limited access hollow -stem auger drilling to fully assess the stockpile. Responsible for creating an experimental design and analytical testing regiment, H&S plan, submitting a FAA 7460 notification, subcontractor management, and preparing an environmental assessment report used by the City to prepare bid documents for disposal of the stockpile. City Council 21 — 124 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Oualificalions for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A . Sony Pheng, ACI, CTMs, ICC 1 I, I ICC Special Inspector: l OL r I r 1° 1 r`" -,wAT, r Soils Mr. Pheng has six years of experience in the construction materials Spray -applied testing and inspection industry and is currently certified in various Fireproofing ICCs and CTMs_ He has recently worked on various municipal ACI Field Testing public works projects including various highway pavement Technician, Grade 1 rehabilitations, storm drain repairs, and taxiway/runway improvements. He has worked with clients throughout southern ACI Concrete Strength California including Counties of Orange, Riverside, San Bernardino, Testing Technician, and the Greater Los Angeles Region. CTM Certified: 105, 125, 201, 202, 205, 216, 217, rl 226, 227, 229, 231, 504, City of Long Beach, On -Call Materials Testing and Inspection 518, 521, 523, 524. 533, Services for Street Improvements, Long Beach, CA. Mr. Pheng 539, 540, 543, 552, 556, performed various testing and inspection services for street 557 improvements. The work consisted of pavement reconstruction _ and overlays, constructing PCC curbs, gutters, driveways, curb l ramps, and sidewalks. Nuclear Gauge Operator Training City of Ontario, As -Needed Materials Testing and Loss Prevention System Geotechnical Engineering Services, Ontario, CA. Services Safety Training have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple Defensive Driver Training/ residential streets and main commuter routes within the city. Mr. Driver's License Pheng performed work on task orders which have included construction observation and field and laboratory testing of engineered fill soils and backfill, aggregate base, AC, and PCC 6 years total utilized during street improvement projects. 3 years with Kleinfelder Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Mr. Pheng is currently providing as needed construction field materials testing services to improve the State transportation system throughout Caltrans District 7 (covering Los Angeles and Ventura Counties). Our services are being performed at numerous project sites, and our scope of services include the following. construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; and special materials analysis and evaluation County of Riverside Transportation Department, On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Mr. Pheng has provided sampling and testing of subgrade soils, cellular concrete backfill, and PCC for various projects under this current on -call contract. Kleinfelder has been providing on -call materials and geotechnical testing services for County of Riverside on multiple roadway construction projects for several years, including three years as a prime consultant. A recent project Mr. Pheng worked on was the Clinton Keith Road Extension (Phase 2) in Murrieta, CA, which comprised of the new construction of a four -lane roadway, median, two new bridge structures, and traffic signals. Various On -Call and Materials Testing & Inspection Contracts, Counties of Orange, Riverside, San Bernardino, and the Greater Los Angeles Region, CA. Mr. Pheng has performed inspection for pull testing, torque testing, coring, nuclear gauge testing, trench backfill, sampling of concrete and soils for numerous projects for County of Los Angeles, Ontario International Airport, John Wayne Airport, Southern California Edison, and Eastern Municipal Water District. City Council `nv 11 1 ,.C//r^1 1,1 J 21 — 125 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of 4realifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Ali Rehman, ACI, CTMs, AASHTO J o 08. AA, Multi -!interdisciplinary .�..U% V- G;Gib Studies Mr. Rchman is a Civil Engineering student from California State Ongoing Coursework, Civil University of Fullerton. He has worked as a Materials Tester for 13 Engineering, California years. He started working in a lab and assisting administration, and State University, Fullerton by the end of his first year he acquired his Caltrans and ACI certifications. He has working as a Field Technician throughout 0 southern California and has performed materials testing on most of ACI Concrete Field Testing the freeways in the area. Mr. Rehman has worked in the field and as Technician, Level I well as in the lab. He has knowledge in calibrating lab/field equipment Caltrans Test Methods: and nuclear gauges. He has worked with soils, grout, concrete, 105, 106, 125, 201, 202, aggregate, polymer, rebar, masonry blocks, and asphalt. He has 205, 206, 207, 211, 216, experience with organizations such as Caltrans, Los Angcics County 217, 226, 227, 231, 504, Public Works, Union Pacific, and ACE. He has the ability to work 518, 521, 523, 524. 531, under pressure and extreme conditions. He has worked for Caltrans 533, 539, 540, 543, 552, District 7 as an on -call Materials Tester, Caltrans Southern Regional 556, 557 Lab in Fontana, ACE, and Union Pacific grade separation projects. AASHTO Methods I "I „ a ' 1, V TWIC Orange County Public Works As -Needed Geotechnical Engineering and Materials Testing & Inspection Services, 0 Orange County, CA. Field Materials Tester/Plant Inspector. On -call Nuclear Gauge Operator contract for materials testing and inspection and geotechnical Training engineering services for OCPW. Kleinfelder is providing materials Loss Prevention System testing and inspection services in support of OCPW's Quality Safety Training Assurance (QA) program for construction of new or rehabilitation of Defensive Driver Training/ existing roadways, flood control channels, parks, or other infrastructure Driver's License projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO 13 years total Standards, and APWA Standards. In addition, Kleinfelder's material 2 years with Kleinfelder testers and laboratories are certified CCRL, AASHTO resource accreditation. and ASTM D3666. Mr. Rehman has worked on the recent Oso Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. City of Long Beach, On -Call Materials Testing and Inspection Services for Street Improvements, Long Beach, CA. Materials Tester. Mr. Rehman performs soils, concrete, and asphalt concrete testing per Caltrans Standards and test methods. Caltrans District 8 (Contract 08A2219), On -Call Materials Sampling and Testing Services for Concrete, Aggregates, and Soils at SRL Districts 7, 8, and 12, Fontana, CA. Material Tester. Provided laboratory materials testing services for soils, aggregates and concrete testing per Caltrans Standards and test methods. Caltrans SRL (Contract 08A2541), On -Call Sampling and Testing of Hot Mix Asphalt and Asphalt Binder, Projects Located in Caltrans Districts 7, 8, and 12, CA. Materials Tester. Mr. City Council 21 - 126 7f6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 1•• a I Nk _91 W., Rehman provided laboratory testing services for Districts 7, 8, and 12 at SRL. The projects included providing laboratory testing per Caltrans test methods for soils, concrete, and aggregates. The scope of work included job mix formula verification during paving, source testing of aggregates and soils, as well as PCC mix design verifications. Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Material Tester. Currently providing as needed construction field materials testing services to improve the State transportation system throughout Caltrans District 7 (covering Los Angeles and Ventura Counties). Our services are being performed at numerous project sites, and our scope of services include the following. construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; and special materials analysis and evaluation. County of Riverside Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Kleinfelder is currently providing on -call materials and geotechnical testing services under on -call contract for the County of Riverside Transportation Department on multiple roadway construction projects. Mr. Rchman has provided sampling and testing of subgrade soils, cellular concrete, backfill and PCC for various projects under this current on -call contract. A project Mr. Rehman worked on was the Clinton Keith Road Extension (Phase 2) in Murrieta, CA, which comprised of the new construction of a four -lane roadway, median, two new bridge structures, and traffic signals. Services included batch plant inspection for AC and PCC, and field and laboratory testing of AC, PCC, Class 2 aggregate base, imported borrow and embankment soil, and structural backfill. Laboratory testing was performed in Kleinfelder's Caltrans-accredited laboratory. Caltrans District 7 (Contract 07A3126), A&E On -Call Material Testing and Plant Inspection Services, Los Angeles and Ventura Counties, CA. Material Tesler. Mr. Rehman performed soils, concrete, and asphalt concrete testing per Caltrans Standards and test methods. The major project. - on which Mr. Rehman has provided materials testing services include LA 10, LA 710, LA 5/14, VEN 101, LA 5, LA 14, LA 41, LA 60 and LA 110. Caltrans District 7, Prior Contracts, On -Call Material Testing, Various Locations, CA. Materials Tester. Mr. Rehman performed on -call material testing throughout District 7. From Ojai to Highway 39 to Schuyler Heim Bridge Long Beach. He performed compaction test such as soil and polymer. He also performed concrete testing of PCC, fast -set, and grout. Mr. Rehman would receive dispatch requests and contact the inspector for requested material tests. He would perform tests and send out reports, finish daily logs, necessary reports, and timesheet, daily. He worked on most District 7 projects during this period. Specifically, he worked on the 55-hour closure projects on the Long Beach, 710 Freeway. Union Pacific Railroad, Various Locations, CA. Materials Tester. Mr. Rehman performed material testing for various contracts/projects with Union Pacific Railroad such as 5th Track Temple Street, Fairway Grade Separation, and Sunset Grade Separation project. Mr. Rehman would test materials under railroad and county specifications. He performed concrete, grout, soil, and asphalt testing per ASTM and CTM test methods. Nogales Grade Separation, City of Industry, CA. Mr. Rehman has performed as a Quality Assurance Materials Tester for the Nogales Grade Separation Project (Alameda Corridor extension) located near the 60 Freeway and Nogales. He was requested to attend safety meetings and job briefings by Union Pacific Railroad safety inspector in the morning. He performed material testing of concrete, performed soil compaction using ASMT and CSTM methods, and met specified deadlines. City Council 21 — 127 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Staternent of Qualifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Marcus Molina, ACI, CTMs ACI Concrete Field Testing t OL 1 m. n Technician, Grade I Mr. Molina has four years of experience performing observation, CTMs under Caltrans IA/JTCP: testing, documentation, and reporting on work performed by 105, 125, 201, 202, 205, 216, contractors involved in earthwork grading, drilling, and 217, 226, 227, 229, 231, 504, excavation operations on -site. He is also certified in various 518, 521, 523, 524, 533, 539, CTMs and has worked on the Caltrans District 7 contract as well 540, 543, 552, 556, 557 as various public agency projects in southern California. TWIC ,k wv� , ,") k :. 1, •_, s 11w !_ I i 1 a -I City of Ontario, As -Needed Geotechnical Engineering and Nuclear Gauge Operator Materials Testing and Inspection Services, Ontario, CA. Training Field Materials Tester. Kleinfelder is currently performing as - Loss Prevention System needed geotechnical engineering and materials testing and Safety Training inspection services as an extension to the City engineering department. Our services have included multiple task orders Defensive Driver I raining/ requesting materials testing and inspection services during Driver's License the rehabilitation of multiple residential streets and main I' o ., , n 1,, , , „ commuter routes. Typical task orders have included 4 years total construction observation and field and laboratory testing of engineered fill soils and backfill, aggregate base, AC, and 2 years with Kleinfelder PCC utilized during street improvement projects. Mr. Molina performs materials testing per CTMs and standards. Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Field Materials Tester. Mr. Molina is currently providing as needed services at numerous project sites performing the following: construction materials observation: materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; and field nuclear gauge compaction testing. County of Riverside Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Field Materials Tester. Mr. Molina has provided sampling and testing of soils and concrete for various projects under this current on -call contract. Klcinfcldcr has been providing on -call materials and geotechnical testing services for County of Riverside on multiple roadway construction projects for several years — including three years as a prime consultant. Perimeter Wall and Pavement Replacement for Vincent Substation 220/500 kV, 33301 Angeles Forest Highway, Palmdale, CA. Kleinfelder is providing soils and materials observation and testing services for a perimeter wall and pavement replacement project within the existing Vincent Substation in Palmdale located on the Angeles Forest Highway. Scope of services includes testing and inspection services during soils compaction, concrete placement and concrete masonry wall construction, laboratory testing, preparation of a final observation and testing report, and project management. Mr. Molina's duties include on -site soil observation and testing utilizing a nuclear gauge. City Council 21 — 128 -, -cu rr lWa ,, , W rl o r I 7/6/2021 Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Dominic Montemayor, ACI, ICC, CTMs ,( 1. / ,, , I ACI Concrete Field Testing ,, '�.: '. Cma.flfrrxr jOL Im, I-J Technician, Grade I Mr. Montemayor is experienced in sampling and testing soils, ICC Soils Special Inspector asphalt, and concrete per CTMs, and has 15 years' experience CTMs under Caltrans IA/JTCP: performing observation, testing, documentation, and reporting on 105, 125, 201, 202, 205, 216, work performed by contractors involved in earthwork grading as 217, 226, 227, 229, 231, 504, well as foundations, pavement, utility, and wall construction. As an 518, 521, 523, 524, 533, 539, ACI Concrete Field Testing Technician Grade I, his duties include 540, 543, 556, 557 routinely sampling, testing, and making concrete test specimens on concrete placed for slabs -on -grade, pilasters, and other AASHTO Certified concrete structures. He regularly q y performs density/moisture tests TWIG of soils and pavement materials by use of nuclear density gauge and/or sand cone. Additionally, he has in-depth knowledge of 0 0 Caltrans testing and roadway/highway projects and current Nuclear Gauge Operator experience with local District 7, 8, and SRL projects. Training Loss Prevention System a ° ' J ^i ' `n Safety Training Orange County Public Works (OCPW), As -Needed Materials Defensive Driver Training/ Testing & Inspection and Geotechnical Engineering and Driver's License Services, Orange County, CA. Material Tester. On -call contract for materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and 15 years total inspection services in support of OCPW's Quality Assurance (QA) 4 years with Kleinfelder program for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Kleinfelder complies with and all testing is performed in accordance with OCPW Standards and Procedures, Creenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO Standards, and APWA Standards. In addition, Kleinfelder's material testers and laboratories are certified CCRL, AASHTO resource accreditation, and ASTM D3666. A recent project is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The project consists of the removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. County of Los Angeles, As -Needed Materials Testing Services for FederallylNon-Federally Funded Projects, Los Angeles County, CA. Material Tester. Mr. Montemayor is providing as -needed materials testing and inspection contract with the County of Los Angeles that has included more than 20 task orders to date. Typical projects have included soils, base, asphalt concrete, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration at sites located throughout Los Angeles County. Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services Riverside and San Bernardino Counties, CA. Field Materials Tester/Plant Inspector. Mr. Montemayor is providing materials testing services for our on -call contract to improve the State transportation system. He has worked on eight task orders since October 2017. Our services are being performed at numerous project sites and material supplier batch plants. Services include: construction materials observation; materials testing per Caltrans Test Methods and Caltrans Construction Manual; concrete and HMA batch plant inspection; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; and special materials analysis and evaluations. City Council 21 — 129 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of 4realifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Edmond Jabbour, ACI, CTMs Jw o 08 AA, Accounting An expert in HMA, soils and construction materials testing, Mr. Jabbour has the ability to take a project from start to finish- from soils grading ACI Concrete Field Testing and backfill, through ACI testing of building materials, and then Technician, Level I placement of asphalt and Caltrans roadwork. He has in-depth ACI Concrete Strength knowledge of public works agency on -call projects, as well as Caltrans Testing Technician testing and roadway/highway projects with current experience at District CTMs under Caltrans 7, 8, and numerous SRL projects. IA/JTCP. 105, 106, 125, 201, 202, 205, 216, 217, 226, 227, Orange County Public Works (OCPW), As -Needed Materials 229, 231, 504, 518, 521, Testing & Inspection and Geotechnical Engineering and Services, 523, 524, 533. 539. 540, Orange County, CA. Materials Tester. On -call contract for materials 543, 552, 556,557 testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and inspection 1 0 b J I C : Ill AASH I O by J I CF 111, services in support of OCPW's Quality Assurance (QA) program for T27, 176, construction of new or rehabilitation of existing roadways, flood control T269, T275, channels, parks, or other infrastructure projects. Kleinfelder complies TWIC with and all testing is performed in accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM l Standards, AASHTO Standards, and APWA Standards. In addition, Nuclear Gaugc Operator Kleinfelder's material testers and laboratories are certified CCRL, Training AASHTO resource accreditation, and ASTM D3666. A recent project is Loss Prevention System the Oso Parkway Bridge Replacement Project in Aliso Viejo. The Safety Training project consists of the removal, relocation and adjustment of existing Defensive Driver Training/ improvements, excavation and grading, removal and relocation of Driver's License existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge construction, roadway paving 7 years total and new overhead signage and traffic control devices. Services include 7 years with Kleinfelder concrete batch plant inspections, rCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services Riverside and San Bernardino Counties, CA. Field Materials Tester/Plant Inspector. Mr. Jabbour is providing materials testing services for our on -call contract to improve the State transportation system. He has worked on all ten orders since August 2017. Our services are being performed at numerous project sites and material supplier batch plants with various construction materials observation and materials testing services per CTMs and the Caltrans Construction Manual. City of Industry On -Call Geotechnical Observation and Testing Services, City of Industry, CA. Mr. Jabbour has been providing inspection duties to Caltrans testing specifications for roadways and sidewalks along with ASTM nuclear gauge testing for parking lots and ADA ramp stalls. Caltrans SRL Contract 08A2958 (Prior Contract 08A2541), On -Call Materials Sampling and Testing Support Services for Projects Located in Caltrans Districts 7, 8, and 12, Various Counties in Southern CA. Materials Tester. For live years, Mr. Jabbour has been conducting laboratory testing services on HMA materials at SRL on numerous Caltrans projects located in Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties. He has been providing laboratory testing such as unit weights, Hamburg Wheel, Rice, SSD, compaction, and stability testing. Mr. Jabbour's performance was also recognized by the Caltrans Laboratory Manager. City Council `I)I I I I{.nil' _It II 1� )bill 21 - 130 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Qualificalions for On -Call Malerial Testing and Special lnspediorr Services for City of Santa Ana, RFP No. 20-111 Kennedy Eubany, ACI, CTMs �w o ",R, BA, Corporate Managerial l oa ¶ a, I° Administration Mr. Eubany is qualified for this project due to his 13 years of experience with Caltrans in various Districts. He is currently providing field and laboratory materials testing services for ACI Concrete Field Testing soils, concrete, and asphalt concrete testing per Caltrans Technician, Level I Standards and CTMs for the current Caltrans District 7 and 8 CTMs under Caltrans contracts. IA/JTCP. 105, 125, 201. 202. 205, 216, 217, 226, 227, 229, Caltrans District 8 (Contract 08A2768), On -Call 231, 504, 518, 521, 523, Construction Materials Sampling and Testing Services 533, 539, 540, 543, 556, Riverside and San Bernardino Counties, CA. Field Materials 557 Tester/Plant Inspector. Mr. Eubany is providing materials testing services for our on -call contract to improve the State 4 1' ' -° i transportation system. He has worked on ten orders to date Nuclear Gauge Operator since August 2017. Our services are being performed at Training numerous project sites and material supplier batch plants. Loss Prevention System Services include: construction materials observation; materials Safety Training testing per CTMs and Caltrans Construction Manual; concrete Defensive Driver Training/ and hot mix asphalt batch plant inspection; field sampling of Driver's License fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; providing materials docurnentation and information; and 13 years total preparing reports to Caltrans standards and requirements. 3 years with Kleinfelder Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Field Materials Tester. Mr. Eubany provides as needed services at numerous project sites performing the following: construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate: and field nuclear gauge compaction testing. Materials Testing and Inspections, Numerous Roadways (Caltrans Jurisdiction), Southern CA. Field Materials Tester/Plant Inspector. Mr. Eubany has provided testing and inspection services for numerous roadway projects under Caltrans jurisdiction, including D" and "E" St. Reconstruction, Stoddard Wells RD IC 15 Freeway, and Highway 138 Realignment/Construction. He has performed soil compaction observation and testing in accordance to Caltrans specifications. During the Stoddard Wells project, Mr. Eubany provided soil compaction testing services in accordance to Caltrans specifications. For Highway 138, he provided compaction testing, plant inspection for both PCC and asphalt, concrete, and performed various laboratory testing in accordance to Caltrans specifications. City Council 21 — 131 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Eric Kennedy, ACI, ICC �. ACI Field Testing .�...U% V' G R.'0 P Technician Mr. Kennedy has 18 years of experience with multiple County of ACNM Nuclear Moisture Los Angeles and ICC certifications, and is also is an On -Site Density Gauges Senior Individual Team Lcadcr/Senior Level Inspector. This Certification provides a significant benefit to projects as he begins work ICC Special Inspector beneath the foundations and works through project completion. Structural Masonry; He has performed the role of On -Site Senior Individual Team Structural Steel and Leader/Senior Level Inspector for Kleinfelder on large complex Boltinq, Prestressed projects with construction values over $150M, which have also Concrete, Spray -applied included stone column rigs with loaders. Fireproofing, and In his role as I ead Inspector on numerous projects, Mr. Reinforced Concrete Kennedy coordinates all special inspection activities and County of Los Angeles monitor activities for compliance with local and national building Deputy Special Inspector: codes and in accordance with County/client and relevant Structural Steel/Welding, requirements/specifications. Mr. Kennedy has extensive Reinforced Concrete experience working in the field on heavy construction areas for Masonry, and large, complex projects with teams of numerous Prestressed Concrete inspectors/technicians/contractors/clients/stakeholders. He has TWIC extensive knowledge of nonresidential construction and inspection processes, building code materials, testing, construction nomenclature, construction documents, Nuclear Gauge Operator construction quality control principles and practices, access Training compliance requirements of Title 24. and construction safety. Loss Prevention System Safety Training Defensive Driver Training/ Orange County Transportation Authority, Santa Ana Bus Driver's License Maintenance Facility, Santa Ana, CA. Mr. Kennedy performed special inspection and materials testing services during the construction of a bus maintenance facility consisting 18 years total of multiple buildings, multi -story construction, and concrete 18 years with Kleinfelder paving. Special inspection and materials testing services performed include, fabrication shop inspection of reinforcing steel, drill -in -anchors, placement of reinforcing steel, structural masonry construction, concrete placement, structural steel erection, structural welding of reinforcing steel, structural welding of steel connections, installation and tightening of high - strength bolts, application and testing of spray -applied fireproofing, and installation of stone columns for soil stabilization. On this project Mr. Kennedy acted as our lead inspector coordinating all special inspection and materials testing activities and acting as the primary liaison between Kleinfelder and the contractor and construction management staff. County of Los Angeles Experience: Numerous As -Needed Materials Testing and Special Inspection Contracts, Los Angeles County, CA. Since 2013, Mr. Kennedy has served as Lead Inspector and Special Inspector/Technician on numerous County as -needed, multi -year contracts. Under these contracts, Kleinfelder has provided materials observation and testing services for various public works facilities, hospitals, ADA upgrades, other improvements. Relevant facility projects have included, Harbor UCLA Medical Center Data Center Upgrade and Infrastructure Upgrades MLK Medical Center Campus, Online Realtime Centralized Health Information Database (ORCHID) Project, CP 87221 City Council 21 — 132 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 • MLK Medical Center Campus, Outpatient Center Central Sterile Renovation Project • Agricultural Commissioning Weights and Measures (ACWM) Carport Facility/Shelter Martin Luther King, Jr. (MLK) Medical Center Campus, East Parking Structure, Los Angeles County, CA. Mr. Kennedy served as Special Inspector/Technician on this 6-level parking garage project with 1,400 parking spaces to meet current parking challenges, constructed of cast -in place concrete; with post-tonsioned docks and beams. Klcinfcldcr provided special inspection and materials testing for the project. Rancho Los Amigos National Rehabilitation Center (RLANC), Los Angeles County, CA. Mr. Kennedy served as Kleinfelder's Lead Project Inspector. The S418M project includes new elements and upgrades to existing structures. The County of Los Angeles required IOR for OSHPD and jurisdictional inspection services at the project site, which were included as a part of our contract. On -site work has included coordination of inspection staff and laboratory testing of construction materials and workmanship, including soils, reinforced concrete, prestressed/post-tensioned concrete, structural masonry, spray -applied fireproofing, structural bolting and structural steel and welding. Additionally, the project includes demolition of existing aged structures. As Lead Project Inspector, Mr. Kennedy coordinated Al special inspection activities and provides technical support and documentation to contractors when issues arise during construction. Administrative Office of the Courts, San Bernardino Courthouse, San Bernardino, CA. Mr. Kennedy served as the Lead Inspector for the construction of a new, 11-story courthouse that occupies approximately seven acres of land. Special inspection services included reinforced concrete, reinforcing steel, observation during placement of drilled in anchors and epoxy rebar, structural masonry, spray applied fire resistant materials, structural steel and welding. As the Lead Inspector, Mr. Kennedy proved to be a valuable resource, not only coordinating all special inspection activities but also providing technical support and documentation to contractors when issues arose during construction. Site 1 Demolition and Make -Ready Project at the RLANC, Los Angeles County, CA. Mr. Kennedy served as Kleinfelder's Lead Project Inspector. The project included the demolition of existing OSHPD facilities and reconstruction of several new buildings and expansion of the existing parking structure. As Lead Project Inspector, Mr. Kennedy coordinated all special inspection activities. City Council 21 — 133 7/6/2021 i(LN'INP'C'L6N.'fi NlA {.nil' Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A _ Kim Byrd, ICC, ACI ,r 1 / ,, I 1%pna;Ir-l- ACI Field Testing Technician Mr. Byrd has 38 years of experience in construction related ICC Special Inspector: employment including 20 years as a certified special inspector Reinforced Concrete, with substantial knowledge of building code interpretation/ Prestressed Concrete, enforcement in structural steel welding, structural masonry. Structural Masonry, reinforced concrete, post-tensioned/pre-stressed concrete, Structural Steel and concrete sampling and testing, and ASTM standards. He has Bolting immense experience with OSHPD-related and facility renovation County of Los Angeles projects. Mr. Byrd has worked on the CMSC campus for the last Special Inspector: 12 years as Lead Special Inspector. Additionally, Mr. Byrd has Reinforced Concrete, held a current County of Los Angeles Special Inspector Structural Steel/Welding Cerliricale since 2002. City of Los Angeles Deputy Mr. Byrd has worked on numerous public works facilities and Inspector: Concrete, related structures projects over the past several decades. Drilled in Anchors, Masonry, Steel/Welding WABO Special Inspection County of Los Angeles, Numerous As -Needed Materials Field Supervisor: Testing and Special Inspection Contracts, Los Angeles Prestressed Concrete, County, CA. Since 2002, Mr. Byrd has served as Special Reinforced Concrete, Inspector/Technician on several County of Los Angeles as - Structural Masonry, needed, multi -year contracts. Additionally, Mr. Byrd has held a Structural Steel and current County of Los Angeles Special Inspector Certificate since Bolting, Structural 2002. Under these contracts, Kleinfelder provided materials Welding observation and testing services for various public works facilities. Relevant public works and facility projects have included. Loss Prevention System Camp Miller, Juvenile Detention Center. Provided structural Safety Training steel welding, reinforced concrete, and structural masonry. Defensive Driver Training/ 0 Central Juvenile Hall. Provided structural steel welding, Driver's License reinforced concrete, and structural masonry. , n , , , _ a Los Padrinos Juvenile Hall. Provided structural steel welding, 38 years total reinforced concrete, structural masonry. 20 years with Kleinfelder a Los Angeles County Courthouse, Santa Monica. Senior Inspector who provided structural steel welding, reinforced concrete, and structural masonry testing and inspection. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Since 2008, Mr. Byrd has been the Lead Special Inspector on 150+ projects at the CSMC campus for various facilities totaling a construction value of $450M to date. He works full-time on the campus on new construction and facility renovation projects. As Lead Special Inspector, he also serves at the Point of Contact. He has worked closely with the IOR team to cover all work on the campus and directed additional special inspectors as necessary. Many of the projects fall in the jurisdiction of the OSHPD. Westfield Santa Anita Mall, Santa Anita, CA. Inspector -in -Charge, performing materials testing and inspection services for the mall expansion project. The project consisted of the construction of a parking structure and the addition of a new food court and retail stores. Kleinfelder provided deputy inspectors, and Mr. Byrd was the load, coordinating a staff of 3 to 4 inspectors throughout the project. City Council 21 — 134 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 ACI -Concrete Field Testinq Technician. Level I ICC Master of Special Inspection ICC Special Inspector: Structural Welding; Structural Steel and Bolting; Structural Masonry; Pre -Stressed Concrete; Reinforced Concrete; Spray -Applied Fire Proofing; Soils County of Los Angeles Deputy Special Inspector: Reinforced Concrete; Masonry; Pre -Stressed Concrete; Welding City of Los Angeles Deputy Special Inspector: Grading; Concrete Construction; Drilled In Anchors City of Long Beach Special Inspector: Reinforced Concrete; Masonry TWIC v ,, r 0 [" _1, 1 Nuclear Gauge Operator Training Loss Prevention System Safety Training Defensive Driver Training/ Driver's License Jason Eckerson, ACI, ICC Mr. Eckerson has 11 years of experience with various construction projects in southern California. These projects have included hospitals, public works facilities, parking structures, commercial, and tilt -ups. He is uniquely qualified for this contract due to his overall project experience and extensive variety of inspections he has conducted. Mr. Eckerson is thorough in preparing documentation and is professional and effecting in his interactions with clients. Mr. Eckerson has worked on numerous public works agency projects, provided materials testing and special inspection services for medical center campuses, facilities, and parking structures. County of Los Angeles, Numerous As -Needed Materials Testing and Special Inspection Contracts, Los Angeles County, CA. Since 2018, Mr. Eckerson has served as Senior Special Inspector/Technician on several County of Los Angeles as -needed, multi -year contracts. Under these contracts, Kleinfelder provided materials observation and testing services for various public works facilities, hospitals, ADA upgrades, park beautifications, and street improvement projects. Relevant public works and facility projects have included: • MILK Medical Center Campus: Augustus F. Hawkins Air - Handler Units Replacement Project; Outpatient Center Central Sterile Renovation Project • Harbor -UCLA Medical Center, Psychiatric Emergency Services Expansion Project • Olive View -UCLA Medical Center, Emergency Generators Online Realtime Centralized Health Information Database (ORCHID) Project • Camp Kilpatrick Replacement Project Martin Luther King, Jr. (MILK) Medical Center Campus, East li f .1 "` Parking Structure, Los Angeles County, CA. Mr_ Eckerson 1'1 years total served as a Senior Special Inspector and provided post -tensioned 3 years with Kleinfelder inspection, concrete, and masonry services on this 6-level parking garage project with 1,400 parking Spaces to meet current parking challenges, constructed of cast -in place concrete with post -tensioned decks and beams. Kleinfelder provided special inspection and materials testing. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Since 2018, Mr. Eckerson has served as Senior Special Inspector/Technician for construction materials testing and inspection services on several projects at CSMC. Rancho Los Amigos North Campus (RLANC), Los Angeles County, CA. Mr. Eckerson has served as Senior Special Inspector providing structural steel welding, post tension inspection and reinforced concrete testing and inspection services for various projects for the $418M RLANC subject to IOR for OSHPD and jurisdictional inspections. City Council 21 — 135 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of 4realifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A _ Robert Carman, ACI, ICC ,( 1 / ,, I ACI Field Testing .j.,u% V' G FG '0 P Technician, Level I Mr. Carman has 21 years of experience providing special ICC Special Inspector: inspection services on a variety of projects in southern California. Structural Welding, He is uniquely qualified for this contract due to the wide variety of Structural Masonry, his special inspection certifications and past experiences over the Spray -applied past two decades working on numerous southern California public Fireproofing, Prestressed work agency projects. Concrete, Reinforced Concrete County of Los Angeles County of Los Angeles, Numerous As -Needed Materials Special Inspector: Testing and Special Inspection Contracts, Los Angeles Reinforced Concrete, County, CA. Since 2002, Mr. Carman has served as Special Masonry, and Structural Inspector/Technician on several County of Los Angeles as- SteelM/eldinq needed, multi -year contracts. Under these contracts, Kleinfelder City of Long Beach Deputy of provided materials observation and testing services for various IInspector: Reinforced ed public works facilities. Relevant public works and facility projects Concrete, Masonry, and have included Welding . MLK Medical Center Campus: Make Ready Projects; TWIC Augustus F. Hawkins Air -Handler Units Replacement Project; Inpatient Tower Lease Agreement, Sterile o Processing Dept. Humidifier Project Nuclear Gauge Operator a Harbor UCLA Data Center Upgrade. Central Juvenile Hall, Training 2002-2004. Los Padrinos, 2002-2005. MLK Medical Center Loss Prevention System Campus: Augustus F. Hawkins Air -Handler Units Safety Training Replacement Project; Outpatient Center Central Sterile Defensive Driver Training/ Renovation Project Driver's License Martin Luther King, Jr. (MLK) Medical Center Campus, East a, ., i , „, ,, ,, Parking Structure, Los Angeles County, CA. Mr. Carman served 21 years total as the Lead Special Inspector and also provided post -tensioned masonry, concrete, and welding inspection services on this 6-level 70 years with Kleinfelder parking garage project with 1,400 parking spaces to meet current parking challenges, constructed of cast -in place concrete with post - tensioned decks and beams. Kloinfoldcr provided special inspection and materials testing for the project. Additionally, Mr. Carman provided inspection at the adjacent childcare center and Hawkins building at the conclusion of work at the parking structure. Arcadia Mental Health Center Replacement, Los Angeles County, CA. Mr. Carman served as Special Inspector/Technician on the project, which consisted of demolishing the current structure and construction of a new structure and parking lot on the existing site. The new building is proposed to be single story and approximately 10,365 square feet. Kleinfelder provided construction materials testing and special inspection services by our multi -certified, in-house technicians and inspectors, and served as the Geotechnical Engineer of Record to assess conformance with the project structural plans and specifications during construction. Rancho Los Amigos North Campus (RLANC), Los Angeles County, CA. Mr. Carman has served as Special Inspector providing inspection in many areas including a post tension parking structure along with welding, concrete, and masonry inspection for various projects for the $418M RLANC subject to IOR for OSHPD and jurisdictional inspections. City Council 11)1 11 1{.n il' . (, d ( G1 21 — 136 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Mike Carman, ASNT, CWI, ICC J Courses: San Dieqo Community College, Cement Mr. Carman has 30 years of experience as an inspector. He is Mason Apprenticeship knowledgeable in structural steel/welding/piping/bolting/coatings/ Courses: South Bay Trade NDT (MT, UT, PT) testing. His experience includes oil refineries, School, Marine Pipefitter power plants, schools, Caltrans specifications, bridges, industrial Training facilities, hospitals, and other public works projects. Prior to working at Kleinfelder, Mr. Carman worked in oil refineries, offshore oil rigs, and power plants performing pipe inspection for 15 years. Certified Welding Inspector, r American Welding Society County of Los Angeles Special County of Los Angeles, Numerous As -Needed Materials Inspector -Welding Testing and Special Inspection Contracts, Los Angeles City of LA Deputy Inspector County, CA. Since 2007, Mr. Carman has served as Special Inspector/Technician on several County of Los Angeles as - Drilled in Anchors needed, multi -year contracts. Under these contracts, Kleinfelder Steel Construction provided materials observation and testing services for various ICC Special Inspector public works facilities. Relevant public works and facility projects Structural Steel & Bolting have included: Structural Welding Public Works Headquarters Building, Alhambra ASNT NOT: Ultrasonic., Level MLK Medical Center Campus, East Parking Structure 1/11, Liquid Penetrant, Level Project 1111, Magnetic Particle, Level MLK Medical Center Campus. Numerous projects 1/11 Harbor UCLA Data Center Upgrade TWIC Arcadia Mental Health Center Replacement, Los Angeles City of Long Beach Inspector County, CA. Mr. Carman served as Special Epoxy Inspector/Technician on the project, which consisted of Structural Steel & Welding demolishing the current structure and construction of a new structure and parking lot on the existing site. The new building is proposed to be single story and approximately 10,365 square Loss Prevention System feet. Kleinfelder provided construction materials testing and Safety Training special inspection services by our multi -certified, in-house Defensive Driver Training/ technicians and inspectors, and served as the Ceotechnical Driver's License Engineer of Record to assess conformance with the project structural plans and specifications during construction. Rancho Los Amigos National Rehabilitation Center 30 years total (RLANRC), Downey, CA. Mr. Carman has served as Special 13 years with Kleinfelder Inspector, conducting welding inspections and UT, MT, and PT (NDT). The $418M project includes new elements and upgrades to existing structures. The County of Los Angeles required IOR for OSHPD and jurisdictional inspection services at the project site, which were included as a part of our contract. On -site work included inspection and laboratory testing of construction materials and workmanship, including soils, reinforced concrete, prestressed/post-tensioned concrete, structural masonry, spray -applied fireproofing, structural bolting and structural steel and welding. Additionally, the project includes demolition of existing aged structures. Caltrans, Street, Off -ramps and Bridges, Northern and Southern CA. Senior Inspector. Provided source inspection of welding, structural steel, rebar ultimate welded hoops, headed rebar, PTFE spherical bearings and coatings on several projects including: Seaside Way pedestrian bridge, Port of City Council 21 — 137 `nv 11 1,.,,(, U r C".v' tl'V o 1r 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 1•• a I Nk _91 WMI Los Angeles C St. / 1-110 freeway, SR-4 widening, 180 Yerba Buena ramps, Hegeman Gulch bridge, 1 280 and Wolfe Rd. off -ramps, Apple 1-180 corridor, Puente Ave. grade, South San Francisco and other smaller projects. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Since 2011. Mr. Carman has served as a Special Inspector on 70+ projects at the CSMC campus on new construction and facility renovation projects. Many of the projects fall in the jurisdiction of the OSHPD. • Saoerstein Critical Care Tower, Construction Value: S 125M. Mr. Carman conducted welding inspections and ultrasound testing. The 11-level building has a total of 250,000 square feet with an additional 13,700 square feet for enclosed pedestrian bridges linking the new structural with the existing structure. Kleinfelder supplied deputy inspectors for the structural steel fabrication, which was being fabricated in Stockton, California. Kleinfelder also provided inspections for all on site work, concrete, steel, welding, masonry, fireproofing, and epoxy grouted anchors. The new facility fell under OSHPD guidelines and Kleinfelder was under the direction of the project inspector of record, the architect of record, and the officers of OSHPD. • The Angeles Clinic (TAC) Renovation and Expansion. Provided special inspection and testing for this three-story building project. Construction will include the renovation of approximately 40,000 square -feet of clinical and public area to an OSHPD 3 facility, with numerous departments, urgent care, a cafe, and clinical spaces. t1CSD Jacobs Medical Center, Various Projects, La Jolla, CA. Mr. Carman served as a Special Inspector for materials testing portion of this project that involved fabrication shop inspection for various reinforcing steel and precast elements in various parts of the country, along with inspection services of bolting, high strength grout, concrete, light weight concrete, and laboratory testing. San Bernardino Courthouse, State of California Judicial Council of California (formerly Administrative Office of the Courts), San Bernardino, CA. Special Inspector. On -site work included coordination of inspection staff and laboratory testing of construction materials and workmanship, including reinforced concrete, spray -applied fireproofing, base plate grouting, structural masonry, structural bolting and structural steel and welding. Project also included mock-up wall testing and laboratory testing of stone. Port of Los Angeles, Street/1-110 Freeway Interchange Materials Testing and Source Inspections, Los Angeles, CA. Construction activities included new retaining walls, steel pipe piling, embankment and structure fills, structural concrete, asphalt and Portland cement concrete pavements, new roadway signage and electrical systerns, for this project that comprised a new interchange - including two bridges. Services included source inspections and quality assurance testing and inspections of construction materials utilized within the Caltrans right-of-way. Mr. Carman performed source inspection during welding structural steel, rebar ultimate welded hoops, steel pipe piling and manufacturing of light standards. Also provided welding quality system (WQS) reviews and source inspection of PT strands and PTFE spherical bearing pads. City Council 21 — 138 7/6/2021 i(LN'INP'C'L6N.'fi NlA ,{.nil' r� P C�.tl" tl.tl tl Kleinfelder Statement of 4realifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Jacob Collins, ACI, ICC ACI Concrete Field Testing ''.,0� 1I C t111 1".:.am+,i�W Technician, Level I Mr. Collins has 2 years of experience as an Inspector/Technician ICC Special Inspector: and multiple certifications in concrete, soils, structural masonry, Reinforced Concrete reinforced concrete, structural steel & bolting, USDOT Hazmat, and Spray -applied spray -applied fireproofing. He has provided inspection work for a Fireproofing variety of projects and clients, ranging from public works agencies to business centers and has experience in a variety of large projects in Structural Masonry southern California. Mr. Collins has extensive experience working in Structural Steel and the field on heavy construction areas for large, complex projects with Bolting teams of numerous inspectors/technicians/contractors/clients/ Structural Welding stakeholders. He has extensive knowledge of nonresidential OSHA 30 construction and inspection processes, building code materials, testing, construction nomenclature, construction documents, 0 a construction quality control principles and practices, access Nuclear Gauge Operator compliance requirements of Title 24, and construction safety. Training Loss Prevention System Safety Training City of Ontario, As -Needed Materials Testing and Defensive Driver Training/ Geotechnical Engineering Services, Ontario, CA. Driver's License Technician/Inspector. Services have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple residential streets and main commuter 2 years total routes within the city. Mr. Collins has also worked on several 2 years with Kleinfelder projects for the city, including Fire Station No. 9, Anthony Munoz Community Center, and Merrill Avenue Storm Drain. He has performed work on task orders which have included construction observation and field and laboratory testing of engineered fill soils and backfill, aggregate base, AC, and PCC utilized during street improvement projects as well as providing reinforced concrete, structural masonry, structural steel and bolting and structural welding inspections. City of Long Reach, On -Call Materials Testing and Inspection Services for Street Improvements, Long Beach, CA. Mr. Collins performed various testing and inspection services for street improvements. The work consisted of pavement reconstruction and overlays, constructing PCC curbs, gutters, driveways, curb ramps, and sidewalks. Various On -Call and Materials Testing & Inspection Contracts, Counties of Orange, Riverside, San Bernardino, and the Greater Los Angeles Region, CA. Mr. Collins has performed inspection for pull testing, torque testing, coring, nuclear gauge testing, trench backfill, sampling of concrete and soils for numerous projects throughout Riverside, San Bernardino, Los Angeles, and Orange Counties for clients such as Southern California Edison and Eastern Municipal Water District. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Mr. Collins serves as a Special Inspector and has worked on over 10 projects to date at various locations throughout Cedars -Sinai Medical Center campuses. Special inspection services included reinforced concrete, reinforcing steel, observation during placement of drilled in anchors and epoxy rebar, structural masonry, spray applied fire resistant materials, and structural steel and welding. City Council 21 — 139 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Oualificalions for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A . Jeffrey Diaz, NICET, ICC, ACI, RSO, CTMs 1 I, I NICET Level 11: Asphalt, 0� I I c +111 1',:, wJW Soils, Concrete Mr. Diaz has 14 years of field testing, inspection and laboratory ACI Aggregate Testing experience with various construction projects throughout southern Technician Level I & Level California, including government, commercial, retail, industrial, 11: Concrete Field roadways, and public utilities. Mr. Diaz is currently the Lab Technician Levcl 1, Supervisor for our certified Ontario and Long Beach laboratories. Concrete Strength Technician, Aggregate Base Technician Orange County Public Works (OCPW), As -Needed Materials ICC Spccial Inspector: Testing & Inspection and Geotechnical Engineering and Structural Masonry; Services, Orange County, CA. Materials Tester. On -call contract for Reinforced Concrete; materials testing and inspection and geotechnical engineering Spray -Applied Fire services for OCPW. Kleinfelder is providing materials testing and Proofinq; Soils inspection services in support of OCPW's Quality Assurance (QA) program for construction of new or rehabilitation of existing roadways, Southwest Calibration & flood control channels, parks, or other infrastructure projects. Training Radiation Safety Kleinfelder complies with and all testing is performed in accordance Officer Course No. 7567-36 with OCPW Standards and Procedures, Greenbook Specifications. CTM Certified: 105, 106, Caltrans Standards, ASTM Standards, AASHTO Standards, and 125, 201, 202, 206, 207, APWA Standards. In addition, Kleinfelder's material testers and 216, 217, 226, 227, 229, laboratories are certified CCRL, AASHTO resource accreditation, and 231, 301, 304, 308, 309, ASTM D3666. A recent project is the Oso Parkway Bridge 366, 310, 382, b04, 518, Replacement Project in Aliso Viejo. The project consists of the 521, 523 524, 533, 539, removal, relocation and adjustment of existing improvements, 540, 543, 556, 557 excavation and grading, removal and relocation of existing utilities, AASHTO Test Methods; construction of new storrn drainage and storm water pre-treatment T11, T27, R47, R76, T176, and storage system, construction of curb, gutter and pedestrian T255, T329, T335 walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include 40 Hour HAZWOPER concrete batch plant inspections, PCC aggregate sampling and ,; G t , ., ; testing, onsite flexural beam fabrication, and laboratory testing. Loss Prevention System City of Long Beach, On -Call Materials Testing and Inspection Safety Training Services, Long Beach, CA. Mr. Diaz serves as a Materials Defensive Driver Training/ Technician/Inspector for this on -call materials testing and inspection Driver's License contract which includes more than 100 task orders to date. Nuclear Gauge Operator County of Los Angeles, As -Needed Geotechnical Engineering Training and Materials Testing and Inspection Services, Los Angeles County, CA. Mr. Diaz serves as a Materials Technician/Inspector for various projects consisting of roadway irnproverrients, airport 14 years total rehabilitations, ADA upgrades, park beautifications, and 14 years with Kleinfelder modifications of miscellaneous County facilities and sites located throughout Los Angeles County. County of Los Angeles, Asphalt Rubber Hot Mix Designs, County of Los Angeles, CA. As a Materials Tester, Mr. Diaz provided laboratory ARHM-GG-C mix proportions (with and without 159% RAP) on materials collected from three separate County material suppliers. The purpose was to; • Verify existing (AR HM-GG-C)job mix formula (JMF) proportions currently being provided to the county • Investigate the suitability of a 15% recycled asphalt pavement (RAP) replacement in each JMF City Council 21 - 140 7/6/2021 i(LN'INP'C'L6N.'fi V), rM, Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 Check the binder properties of the RAP collected from each of the three plant locations sampled Mr. Diaz provided material sampling and laboratory mix proportion utilizing aggregates, RAP, and PG 64- 16 asphalt rubber binder collected during routine production of ARHM asphalt concrete at each of the three batch plants selected. Laboratory testing included California Test Numbers 304. 308. 309. and 366 (test for preparation of Hot Mix Asphalt for Test Specimens, Specific Gravity of Compacted HMA Specimens, Theoretical Maximum Specific Gravity and Density of Hot Mix Asphalt and Test for Stabilometer Value, respectively). Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services, Riverside and San Bernardino Counties, CA. Materials Tester/Plant Inspector. Mr. Diaz is providing materials and testing services for our on -call contract to improve the State transportation system. Services arc being performed at numerous project sites and material supplier batch plants. Mr. Diaz is performing construction materials observation; materials testing per CTMs and Caltrans Construction Manual, concrete and HMA batch plant inspection, field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans standards and requirements. City of Ontario, As -Needed Geotechnical Engineering and Materials Testing and Inspection Services, Ontario, CA. Field Materials Tester. Kleinfelder is currently performing as -needed geotechnical engineering and materials testing and inspection services as an extension to the City engineering department. Our services have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple residential streets and main commuter routes. Typical task orders have included construction observation and field and laboratory testing of engineered fill soils and backfill, aggregate base, AC, and PCC utilized during street improvement projects. Caltrans SRL Contract 08A2958 (Prior Contract 08A2541), On -Call Materials Sampling and Testing Support Services for Projects Located in Caltrans Districts 7, 8, and 12, Various Counties in Southern CA. Materials Tester. Mr. Diaz has performed laboratory testing services on HMA and aggregate materials on numerous Caltrans projects located in Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties under the subject on -call contracts. He has routinely performed Caltrans and ASTM test procedures for soil, asphalt, concrete, masonry, grout, and reinforcing steel utilizing the laboratory safety manual, standard plans and specifications. Caltrans District 7 (Contract 07A4733) On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Materials Tester. Mr. Diaz provides as needed services at numerous project sites performing the following. construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; and field nuclear gauge compaction testing. County of Riverside, Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Field Materials Tester. Kleinfelder is currently providing on -call materials and geotechnical testing services under on -call contract for the County of Riverside Transportation Department on multiple roadway construction projects. Services include sampling and testing of subgrade soils, cellular concrete, backfill and PCC for various projects under this current on -call contract. Projects that Mr. Diaz worked on include the Airport Blvd. Grade Separation and the Clinton Keith Road Extension in Murrieta, CA, which comprised of the new construction of a four -lane roadway, median, two now bridge structures, and traffic signals. Laboratory testing was performed in Kleinfelder's Caltrans-accredited laboratory. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Served as a Materials Tester for the laboratory service portion on over 180 projects at CSMC to date. Testing included reinforcing steel, spray applied fire resistive material, and concrete. City Council 21 — 141 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Otialifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Cameron Massa, ACI, CTM Jw o ."R. BS, Computer Science, 0� I I c 71 I University of La Verne, Mr. Massa has five years of experience as a field and laboratory California. 2017 technician. He is responsible for a wide variety of laboratory materials testing on soils, concrete, asphalt, reinforcing steel, and masonry products for multiple projects. Mr. Massa is experienced ACI Concrete Strength in logging, processing, and testing samples in accordance to Testing Technician Caltrans and ASTM standards and procedures. He is currently working on laboratory testing for numerous projects throughout CTM Certified: 105, 125, southern California including Counties of Orange, Riverside, San 201, 202, 205, 216, 217, Bernardino, and the Greater Los Angeles Region. He also has 226. 227. 229 experience working on projects subject to Caltrans and local agency standards and jurisdictions. Loss Prevention System ' '. .. Safety Training Orange County Public Works As -Needed Geotechnical Defensive Driver Training/ Engineering and Materials Testing & Inspection Services, Driver's License Orange County, CA. Materials Tester/Laboratory Technician. Mr. Massa is instrumental in providing materials testing for this contract '' " '" "'' in which Kleinfelder is providing materials testing and inspection 5 years total services in support of the County/District's QA program for 5 years with Kleinfelder construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure projects. Services include concrete batch plant inspection, PCC aggregate sampling and testing, and onsite flexural beam fabrication and laboratory testing per CTMs. County of Los Angeles, As -Needed Materials Testing Services for Federally/Non-Federally Funded Projects, Los Angeles County, CA. Materials Tester/Laboratory Technician. Mr. Massa is providing as -needed materials testing for this contract with the County of Los Angeles that has included more than 20 task orders to date. Typical projects have included soils, base, asphalt concrete, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration at sites located throughout Los Angeles County. County of Riverside Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Materials Tester/Laboratory Technician. Mr. Massa is providing materials testing for subgrade soils, cellular concrete, backfill, and Portland cement concrete for various projects under this current on -call contract. Kleinfelder has been providing on -call materials and geotechnical testing services for County of Riverside on multiple roadway construction projects for several years, including three years as a prime consultant. Services provided under this contract have included batch plant inspection for AC and PCC, and field and laboratory testing of AC, PCC, Class 2 aggregate base, imported borrow and embankment soil, and structural backfill. Laboratory testing was performed in Kleinfelder's Caltrans-accredited laboratory. Ontario International Airport Authority (OIAA), On Call Consulting Services Contract, Phase IV Taxiway W Panel Replacement, Ontario, CA. Mr. Massa observed LCB (Lean Concrete Base) placement, performed testing according to specifications, and prepared a daily fields report. He marked discrepancies, notified contractor, observed concrete grinder services, and re -observed areas to meet specifications. City Council V), {. (, I. "I V, . 21 — 142 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Orealifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Julian Calderon, ACI, CTMs ACI Concrete Strength 01 r c 71I Testing Technician, Level I Mr. Calderon has four years of experience as a field and laboratory CTM Certified: 521, 523, technician. He has a nuclear gauge, ACI, and Caltrans certifications 524 and is responsible for a wide variety of laboratory testing which includes soils, concrete, asphalt, reinforcing steel, and masonry products for multiple projects. He is responsible for logging and Nuclear Gauge Operator processing the samples in accordance with laboratory standards Training and procedures. He is currently working on laboratory testing for Loss Prevention System numerous projects throughout southern California including Safety Training Counties of Orange, Riverside, San Bernardino, and the Greater Los Defensive Driver I raining/ Angeles Region. He also has experience working on projects Driver's License subject to Caltrans and local agency standards and jurisdictions. 4 years total County of Los Angeles, As -Needed Materials Testing Services for Federally/Non-Federally Funded Projects, Los Angeles 4 years with Kleinfelder County, CA. Laboratory Technician. Mr. Calderon has provided laboratory materials testing services for this as -needed materials testing contract with the County of Los Angeles that has included more than 20 task orders to date. Typical projects have included soils, base, asphalt concrete, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration at sites located throughout Los Angeles County. County of Riverside Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Materials Tester/Laboratory Technician. Mr. Calderon is providing materials testing for subgrade soils, cellular concrete, backfill, and Portland cement concrete for various projects under this current on -call contract. Kleinfelder has been providing on -call materials and geotechnical testing services for County of Riverside on multiple roadway construction projects for several years, including three years as a prime consultant. Services provided under this contract have included batch plant inspection for AC and PCC, and field and laboratory testing of AC, PCC, Class 2 aggregate base, imported borrow and embankment soil, and structural backfill. Laboratory testing was performed in Kleinfelder's Caltrans-accredited laboratory. City of Long Beach, On -Call Materials Testing and Inspection Services, Long Beach, CA. Mr. Calderon serves as a Laboratory Technician for this on -call materials testing and inspection contract which includes more than 100 task orders to date. Typical laboratory testing for this contract has consisted of sieve analysis, moisture content determination, maxirnurn density determination, permeability of soils, direct shear of soils, specific gravity of fine/coarse aggregate, durability index of aggregate, sand equivalent, concrete compression testing, flexural strength testing of concrete, asphalt content by ignition oven/microwave oven, cleanness of aggregates and abrasion of coarse aggregate, amongst many others. Mr. Calderon is responsible for logging in the samples, assigning the necessary laboratory testing, performing the testing in the laboratory and inputting the data and distributing laboratory reports to the client. City Council 21 — 143 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A . Michael Magana, ICC, NICET, ACI, CTMs 1 I, I ICC Special Inspector: lOL I I r"'a if "" "ory"lrrr Structural Masonry, Soils, Mr. Magana has 22 years of experience performing construction Reinforced Concrete materials testing in the field and laboratory. An expert in HMA, soils NICET Level III: Asphalt, and construction materials testing, projects have included grading, Soils, Concrete paving, concrete/asphalt batch plant inspections, concrete/asphalt ACI Testing Technician, placement and utilities. He is experienced in laboratory testing Level I: Aggregate, utilizing ASTM, ACI, AASHTO and Caltrans specifications including Concrete Field, Concrete sieve analysis, moisture content determination, maxirnurn density Lab, Masonry Lab determination, permeability of soils, direct shear of soils, specific gravity of fine/coarse aggregate, durability index of aggregate, sand AASHTO: Hot Mix Asphalt, equivalent, concrete compression testing, flexural strength testing of PCC, Asphalt Binder, Soil, concrete, asphalt content by ignition oven/microwave oven, Aggregate, Hydraulic cleanness of aggregates and abrasion of coarse aggregate, Cement, Masonry amongst many others. CTM Certified: 105, 106, 125, 201, 202, 206, 207, Additionally, he has in-depth knowledge of Caltrans testing and 216, 217, 226, 227, 229, roadway/highway projects and current experience with numerous 231, 301, 304, 308, 309, District 7, 8, and SRL projects. 366, 370, 382, 504, 518, 521, 523 524, 533, 539, 540, 543, 556, 557 Orange County Public Works (OCPW), As -Needed Materials City of Los Angeles Deputy Testing & Inspection and Geotechnical Engineering and Building Inspector, Services, Orange County, CA. Materials Tester. On -call contract for P031445 materials testing and inspection and geotechnical engineering services for OCPW. Kleinfelder is providing materials testing and inspection services in support of OCPW's Quality Assurance (QA) Nuclear Gauge Operator program for construction of new or rehabilitation of existing Training roadways, flood control channels, parks, or other infrastructure Caltrans plant inspection projects. Kleinfelder complies with and all testing is performed in safety video accordance with OCPW Standards and Procedures, Greenbook Specifications, Caltrans Standards, ASTM Standards, AASHTO OSHA. HAZWOPER Trainer Standards, and APWA Standards. In addition, Kleinfelder's material Loss Prevention System testers and laboratories are certified CCRL, AASHTO resource Safety Training accreditation, and ASTM D3666. A recent project is the Oso Parkway Deferisive Driver Training/ Bridge Replacement Project in Aliso Viejo. The project consists of the Driver's License removal, relocation and adjustment of existing improvements, excavation and grading, removal and relocation of existing utilities, construction of new storm drainage and storm water pre-treatment 22 years total and storage system, construction of curb, gutter and pedestrian 12 years with Kleinfelder walkways and ramps, bridge construction, roadway paving and new overhead signage and traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. County of Los Angeles, As -Needed Materials Testing Services for Federally/Non-Federally Funded Projects, Los Angeles County, CA. Field Materials Tester/Inspector. Mr. Magana is providing as -needed materials testing and inspection services for this contract with the County of Los Angeles that has included rnore than 20 task orders to date. Typical projects have included soils, base, AC, laboratory testing, PCC, masonry, welding and fireproofing testing and inspection services for street improvement projects, capital facility projects, repair of earthquake and non -earthquake facility damage, and facility alteration at sites located throuahout Los Anaeles Countv. City Council 21 - 144 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Oualificalions for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 City of Long Beach Airport, On -Call Materials Testing Services for Airport Terminal Area Improvements, Long Beach, CA. As part of Kleinfelder's on -call services contract with the City of Long Beach, Mr. Magana provided observation and testing and inspection services in order to assess compliance with the project plans and specifications during construction of this airport terminal. Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services, Riverside and San Bernardino Counties, CA. Field Materials Tester/Plant Inspector. Mr. Magana is providing materials and testing services for our on -call contract to improve the State transportation system. Tester at numerous project sites and material supplier batch plants. Services include construction materials observation; materials testing per CTMs and Caltrans Construction Manual; concrete and HMA batch plant inspection; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; and special materials analysis and evaluations. Caltrans SRL Contract 08A2958 (Prior Contract 08A2541), On -Call Materials Sampling and Testing Support Services for Projects Located in Caltrans Districts 7, 8, and 12, Various Counties in Southern CA. Materials Tester. Mr. Magana is currently performing laboratory testing services on HMA materials at the Caltrans SRL on numerous Caltrans projects located in Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties under the subject three-year on -call contract. He has performed Caltrans and AASHTO test procedures for soil, aggregates, asphalt, and concrete, utilizing the laboratory safety manual, standard plans and specifications. Mr. Magana is currently working on several Task Orders in the aggregate lab at the Caltrans SRL. Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Material Tester. Mr. Magana is currently providing as needed services at numerous project sites performing the following: construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; and field nuclear gauge compaction testing. Our services are being performed at numerous project sites and we have been integral in problem solving when assistance is requested by the Resident Engineer and field offices from 1-5, 1-405, to I- 10, and 1-210. Additionally Kleinfelder has supported numerous prior District 7 contracts from 2016-2019, including 07A4077, 07A3126, 07A2485, and 07A2114. County of Riverside Transportation Department On -Call Highway Geotechnical Engineering and Materials Evaluation and Testing Services, Riverside County, CA. Field Materials Tester. Kleinfelder is currently providing on -call materials and geotechnical testing services under on -call contract for the County of Riverside I ransportation Department on multiple roadway construction projects. Mr. Magana has provided sampling and testing of subgrade soils, cellular concrete, backfill, and PCC for various projects under this current on -call contract. A recent project Mr. Magana worked on was the Clinton Keith Road Extension (Phase 2) in Murrieta, CA, which comprised of the new construction of a four -lane roadway, median, two new bridge structures, and traffic signals. Services included batch plant inspection for AC and PCC, and field and laboratory testing of AC, PCC, Class 2 aggregate base, imported borrow and embankment soil, and structural backfill. Laboratory testing was performed in Kleinfelder's Caltrans- accredited laboratory. City of Long Beach Airport, CIA Testing and Inspection Services for improvements to Runway 7R- 25L, 8R-26L, R12-30, and the Phase II Terminal Improvements Project, Long Beach, CA. Materials Tester/Special Inspector. Runway construction activities included demolition and removal of the existing structural section, preparation and compaction of the subgrade soils, placement of a new structural section consisting of lime treated subgrade, placement of aggregate base, and AC pavement as well as improvement to lighting and placement of new stripping. Kleinfelder has provided CA testing and inspection services that include observation and testing during earthwork, lime treatment, base rock placement; observation and testing of AC, PCC, and CLSM; and in -place density testing and laboratory test results on construction materials utilized during construction activities. City Council 21 — 145 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Juan Le Ray, ICC, NICET, AASHTO, ACI, CTMIs ICC Special Inspector Prestressed/Pose Mr. Le Roy has been in the construction industry performing tensioned construction materials testing, inspections, and project Reinforced Concrete management oversight on projects as a supervisor for laboratory Soils and field services for over 19 years. He has a wide range of Spray -applied experience in testing soils, asphalt, concrete, steel, and masonry. Fireproofing In his current role as Operations Manager, he supervises and Structural Masonry trains field materials testers and plant inspectors on Caltrans, Structural Steel and AASHTO, ASTM, USACE, and DSA Standards. Mr. LeRoy has Bolting held over 40 Caltrans certifications before the integration of NIGET Soils, Concrete, AASHTO into Caltrans, and has been performing Caltrans Asphalt, Level II materials testing and plant inspections since 2002 in Districts 7, 8, 11, and 12. I le served in a field supervisor role from 2009 until AASHTO Methods: T166, 2018 when he took on an operations/project management role T209, T269, T275, T308 responsible for providing QA/QC management for projects ACI Concrete Strength and consisting of field inspection, laboratory report review, project field Field Testing Technician, supervision, and providing technical support to the project team. Level I CTM Certified: 105, 106, 125, 201, 202. 206. 207, Orange County Public Works (OCPW), As -Needed Materials 216, 217, 226, 227, 229, Testing 8, Inspection and Geotechnical Engineering and 231, 301, 304, 308, 309, Services, Orange County, CA. Materials Tester. On -call contract 366, 370, 382, 504, 518, for materials testing and inspection and geotechnical engineering 521, 523 524, 533, 539, services for OCPW. Kleinfelder is providing materials testing and 540, 543, 556. 557 inspection services in support of OCPW's Quality Assurance (QA) prograrn for construction of new or rehabilitation of existing roadways, flood control channels, parks, or other infrastructure Nuclear Gauge Operator projects. Kleinfelder complies with and all testing is performed in Training accordance with OCPW Standards and Procedures, Greenbook Loss Prevention System Specifications, Caltrans Standards, ASTM Standards, AASHTO Safety Training Standards, and APWA Standards. In addition, Kleinfelder's Defensive Driver Training/ material testers and laboratories are certified CCRL, AASHTO Driver's License resource accreditation, and ASTM D3666. A recent project is the Oso Parkway Bridge Replacement Project in Aliso Viejo. The OSHA 10-Hour project consists of the removal, relocation and adjustment of (Construction) existing improvements, excavation and grading, removal and Confined Space Entry relocation of existing utilities, construction of new storm drainage and storm water pre-treatment and storage system, construction of curb, gutter and pedestrian walkways and ramps, bridge 19 years total construction, roadway paving and new overhead signage and 4 years with Kleinfelder traffic control devices. Services include concrete batch plant inspections, PCC aggregate sampling and testing, onsite flexural beam fabrication, and laboratory testing. City of Long Beach, On -Call Materials Testing and Inspection Services, Long Reach, CA. Materials Tester. Performs soils, concrete, and AC inspection and testing per Caltrans standards and test methods for various street improvements. The work consists of pavement reconstruction and overlays, constructing PCC curbs, gutters, driveways, curb ramps, and sidewalks. City Council 21 - 146 7/6/2021 i(LN'INP'C'L6N.'fi Kleirdelder Statement of Qualifications for On -Call Material Testing and Special lnspeclion Services for City of Santa Ana, RFP No. 20-111 Caltrans District 8 (Contract 08A2768), On -Call Construction Materials Sampling and Testing Services, Riverside and San Bernardino Counties, CA. Field Materials Tester/Plant Inspector. Services include construction materials observation; materials testing per CTMs and Caltrans Construction Manual; concrete and HMA batch plant inspection; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing; preparation of reports to Caltrans standards and requirements. Mr. Le Roy is currently aiding dispatch, maintaining scheduling and safety objectives, and training staff on codes of conduct as well as procedural changes. City of Ontario As -Needed Geotechnical Engineering and Materials Testing and Inspection Services, Ontario, CA. Assistant Project Manager/Operations Manager. Kleinfelder is currently performing as -needed geotechnical engineering and materials testing and inspection services as an extension to the City engineering department. Our services have included multiple task orders requesting materials testing and inspection services during the rehabilitation of multiple residential streets and main commuter routes. Mr. Le Roy aids Project Manager Rick Bell on numerous items on this contract to ensure project success. Mr. Le Roy is vital to the project and provides proper staffing for the various testing for soil compaction and backfilling, asphalt pavements, roadway slurry, concrete QA testing oversight, and batch plant inspection oversight. Mr. Le Roy helps train and mentor our staff, implements City requirements and guidelines to staff, provides quality control of reporting, assists with punch list items for non -conformities, report distribution, and aids in construction best practices to help find ways for project efficiencies. Caltrans SRL Contract OBA2959 (Prior Contract 08A2541), On -Call Materials Sampling and Testing Support Services for Projects Located in Caltrans Districts 7, 8, and 12, Various Counties in Southern CA. Materials Tester. Conducted laboratory testing services on HMA materials at SRL on numerous Caltrans projects located in Los Angeles, Riverside, San Bernardino, Ventura, and Orange Counties under the subject three-year on -call contracts. Mr. Le Roy is currently working on a Task Order that began in July 2018 at SRL for Contract 08A2958. Mr. Le Roy has also provided laboratory testing such as unit weights, Rice, SSD compaction. aggregate conformance testing, mix design batching, and stability testing. Caltrans District 7 (Contract 07A4733), On -Call Construction Materials and Testing Services, Los Angeles and Ventura Counties, CA. Field Materials Tester. This contract which includes as -needed construction field materials testing services to improve the State transportation system throughout Caltrans District 7 at numerous project sites. Services include the following: construction materials observation; materials testing per CTMs and Caltrans Construction Manual; field sampling of fresh concrete, HMA, soil, and aggregate; field nuclear gauge compaction testing: special materials analysis and evaluation; materials documentation and information; and preparation of reports to Caltrans Standards and requirements. Caltrans District 11, Contract 11A3016 (Prior Contracts 11A2364/11A2365), Construction Materials Sampling and Testing Services, Imperial Valley, CA. Assistant RE/Assislanl Task Order Manager/Field Materials Tester. Since July 2015, Mr. Le Roy provided all of these testing services including assuming a role as Assistant RE/Assistant Consultant Task Order Manager for the 1-8 project at segments 3-5. As the acting Assistant RE for those segments, Mr. Le Roy had materials testing results oversight for QA, project filing, testing audits and findings summaries, compaction summary reporting, acting lab manager for a project mobile lab, and attended weekly project meetings and maintained project progress and punch list items for materials testing and inspection services. City Council 21 — 147 7/6/2021 i(LN'INP'C'L6N.'fi Kleinfelder Statement of Orealifications for On -Call Material Testing and Special Inspection Services for City of Santa Ana, RFP No. 20-111 APPENDIX A Vartan Deirdelflan, ACI, ICC, NICET ACI Concrete Field Testing Technician, Level I Mr. Deirdeirian has 31 years of experience in various fields of ICC Special Inspector: construction. His experience includes mass grading and Reinforced Concrete, excavations; various foundations such as conventional, deep or Prestressed Concrete, specialized, as well as drilled piers, driven piles, underpinning, and Structural Masonry, Soils retrofitting; ground improvements include soil mixing and stone County of Los Angeles columns; and Caltrans bridge retrofitting inspections, new bridge Special Inspector construction, and highways. Concrete, Masonry, Mr. Deirdeirian has served as Lead Inspector for reinforced Prestressed Concrete, concrete, reinforced masonry, prestressed concrete, and is Welding knowledgeable with methane mitigation system inspection. He has NICET: Asphalt, Level II; been certified as a County of Los Angeles Special Inspector for 16 Soils, Level II; Concrete, years, working over various public works agency projects over the Level II past two decades. City of Los Angeles Deputy , , ,-, f ^, , . Inspector Concrete, Grading, Masonry, Drilled County of Los Angeles, Numerous As -Needed Materials Testing in Anchors and Special Inspection Contracts, Los Angeles County, CA. Since 2004, Mr. Deirdeirian has performed materials testing l . ,^ services for various projects, consisting of roadway improvements, Nuclear Gauge Operator airport rehabilitations, ADA upgrades, park beautifications, and Training modifications of miscellaneous County facilities and sites located Loss Prevention System throughout Los Angeles County. He has been certified as a County Safety Training of Los Angeles Special Inspector for 16 years. Defensive Driver Training/ • Camp Vernon Kilpatrick Replacement Project, Malibu, 2016- Driver's License 2018. Mr. Deirdeirian provided as -needed special inspection and soils and concrete testing services. The new replacement 4,:lr �j i ,+', •.t:. juvenile probation camp consists of 65,000 square -foot of 2-story 31 years total administrative building, education center, cottages with 24 years with Kleinfelder dormitory housing, gym/multipurpose room, kitchen, and additional building facilities, site improvements, fencing, and parking. Los Angeles World Airports (LAWA) Specialty Staff and Materials Testing Services, Los Angeles, CA. Mr. Deirdeirian serves as Special Inspector/Technician. Kleinfelder is providing field and batch plant inspectors for the contract which supports the construction of capital improvement and maintenance projects at the Los Angeles International Airport (LAX) and Van Nuys Airport (VNY). Kleinfelder's inspection projects have included Landside Access Modernization Program, LAX Terminals 2 & 3 Modernization Project, and the Midfield Satellite Concourse as well as smaller projects such as Runway Safety Area (RSA) improvements and rehabilitation to meet federal government requirements, and construction of ramps, service roads, and new utility infrastructure. Recently, from August -December 2019, Mr. Deirdeirian worked as a Deputy Inspector in support of LAWA's Capital Improvement Plan (CIP) and non-CIP construction projects. Cedars -Sinai Medical Center (CSMC), Numerous Projects, Los Angeles, CA. Construction Value: $450M to date, Various Facilities; Project Duration: 2012 - Ongoing. Since 2012, Mr. Deirdeirian has served as a Special Inspector on 50+ projects at the CSMC campus on new construction and facility renovation projects. Many of the projects fall in the jurisdiction of the OSHPD. City Council 21 - 148 11), -ca rr f„m la 0 7r, rlr , r i 1V 7/6/2021 i(LN'INP'C'L6N.'fi SIAD TL 0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT DEPARTMENT OF ill ' " "G" A CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT Expiration IDratw 2020-12-20 Inspected By: Robby Rodriguez IA No.: 74 Phone: 916-2403821 14SP #: 94 File: Material Category 500 Laborat01V: Kleinfelder, Inc.-Omado Addresse: 620 South Magnolia Building G Ontario CA, 91762 Lah OC Mgr..,. Mike Dorsch I. -mar. mdorsch@klolnfolder.com "I elephonw 909-657-1716 F:aX #.: 909-988-0185 A certified Independent Assurance (IA) visited this laboratory on 29191.2-20 Only the equipment to be used on Caltrans Construction projects and/or local construction projects on the National Highway System was checked for qualification. At the time of Caltrans Accreditation, this laboratory had all necessary equipment 10 perform the test methods indicated below. Testing personnel shall be Caltrans Qualified and Possess a current Caltrans Certification Form TL-0111 or AASHTO Proficiency Form TL-0115 prior to performing any sampling or testing. AASI]TO T71 AASHTO 1-27 AASHTO R47 AASHTO T84 AASHT0165 AASHTO T96 AASHTO T166 AASHTO 1176 AASHTO T255 AASHTO T269 AASHTO T275 AASHTO "F283 AASHTO T304 AASHTO T308 AASHI`0 T335 ASTM D4791 CT 105 CT 106 CT 125 ADMIX CT 125 AGG CT 125 BIT CT125 GEN CT 125 FIMA CT 125 PCC CT 201 Cr 202 CT 204 CT 205 CT'206 CT 207 CT 208 Cl'209 CT 211 C1"216 C1'217 CT 226 CT 227 CT 24 CT 231 CT 234 CT 235 C'1 301 CT 304 CT 308 CT 309 C1.. 366 CT 370 CT 311 C'1" 375 CT 382 CT 504 C'I. 518 Cl 521 CT 523 CT 524 CT 531 CT 533 CT 539 CT 540 CI' 552. CT 556 CT 557 A visual check was performed and documents provided as necessary for the following items: _ _ Laboratory Procedures Manual ✓ Laboratory Quality Control Manual ✓ Proper test equipment On 201912-20 , this laboratory was Caltrans Qualified by: Robby Rodriguez IA#74 (Printed name of IA person) ✓ Copies of current applicable lest procedures ✓ Calibration and service documentation ✓ Calibration stickers affied to test equipment (dated within the 12 months) r i i (Signature of IA person) Please verify lab accreditation by visiting SIAD website: https://sladotca.gov 84ubsp; C;ily Coup 3cnbsp;21 7/6/2021 'till-isp; ICI raj LL Z 0 _ W L — Q w 4 U p - _ a� LJ U W U tja 709 4� 4 � m L)4 a �a c y o � m 02 o � o � m a � J U = N cl) U L ¢ Q � � Q L m N� = m¢ O � a m m _ U Cm N U N U 4)_ .L o Q, a m �d) N U Y U � Q C ` O c) G U] - -o O oro m o 4 U U 'D O C m O �w N Of Q � E O N N F- 47-0_Q IF �� Q L U m � N NN ry:NN N N'.N N'N a C� o O Z O n O : n 2:: O 4 v m U o a �a c � p { 3 3 3 2 L LLG:: L G m O V Ofi U'J O V OS: O V d. 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Jeff Diaz 620 South Magnolia Avenue, 'G' Ontario, CA 91762 Approval No: TA23149 l l< Expiration Date: 5/1/2021 Department Of BL,, Material Control'a, 221 N. Figueroa 7th . Los Angeles, CA 9001z. TeL (213) 482-0315 elvail:ladbs matorialscontrolitllacit,orc 7nl Shop Location 620 South Magnolia Avenue, 'G' Ontario, CA 91762 Approval Type: CONCRETE / MASONRY / STEEL / AGGREGATES / SOILS / °NDT' / FIREPROOFING / METHANE TESTING / REBAR You are herby notified that your certificate of approval is valid until the expiration date shown above under the provisions of the City Of Los Angeles Municipal Code, section 98.0503 and Information Bulletin P/GI 2014-28 (Part II). r nnu Nal uroNck.cvi Materials Control Section (213)482-7097 Cily Cbu1161 &nhsp;21 –lnbsp; 163 7/6/2021 @nbsp: Division of the State Ar,chthee' February 14, 2017 Jeremy Larsen Kleinfelder West, Inc. 620 South Magnolia Avenue, Building G Ontario. CA 91762 Renewal is in process 1102 0 Street, Suite 510D 1 916A45-81 00 Sacramento, CA 9581, 1 1 91 &445.3521 www.(1sa.dgs.ca.gov NOTICE OF RENEWAL OF ACCEPTANCE - LEA 082 Dear Mr. Larsen, This letter is to inform you of the renewal of acceptance by the Division of the State Architect (DSA) of the facility referenced above into the Laboratory Evaluation and Acceptance (LEA) program. The referenced facility may provide the construction material testing and inspection services indicated on the attached list for projects under the jurisdiction of the DSA, which includes public schools (grades K-12 and community colleges) and State-owned or leased essential service buildings. LEA information for your facility will be posted on the DSA website (www.app.dgs.ca.gov/trackerJapptovedLabs.aspx). Please take time to review this correspondence with members of your staff that might be unfamiliar with our requirements. This acceptance is valid until July 1, 2020 and is contingent on continued compliance with the following LEA program requirements. 1. Eric Noel (RCE# 53513) is the approved full-time engineering manager responsible for the testing and inspection services listed on the enclosed. You must notify the DSA prior to any change in engineering managerial responsibility. 2a.The facility shall continue to receive biennial assessments by AASHTO Materials Reference Laboratory (AMRL) and the Cement and Concrete Reference Laboratory (CCRL) as applicable to the services offered at the facility. Future reports and evidence of corrective action shall be submitted to the DSA. 2b.The facility shall maintain current participation in AMRL and CCRL proficiency sample programs (PSP). Future PSP reports and explanations of any low ratings shall be submitted to the DSA. 3. If the subject laboratory has granted DSA "Specifier' privileges with AMRL, written reports do not need to be sent to the DSA. 4. The facility shall maintain all test equipment and records in accordance with applicable, current American Society for Testing and Materials (ASTM) standards. Ci]) Council 21 –lnbsp; 164 7/6/2021 @nbsp: Jeremy Larsen -2- February 14, 2017 Kleinfelder West, Inc. 5. The facility shall provide laboratory and field testing personnel who are adequately trained, supervised and currently certified as required by the latest ASTM or other recognized standards. 6. Masonry inspectors assigned to projects under DSA jurisdiction shall have passed DSA's masonry inspector examination and be specifically approved for each project by the DSA field engineer. 7. Welding inspectors assigned to projects under DSA jurisdiction shall hold current American Welding Society (AWS) Certified Welding Inspector (CWI) or Senior CWI certification and be specifically approved for each project by the DSA field engineer. 8. The facility's Nondestructive Testing (NDT) program shall be supervised by an individual currently certified by the American Society for Nondestructive Testing (ASNT) as NDT Level III in applicable methods. Such certification shall have been obtained through ASNT by testing, not by employer or self -certification. 9. The facility's NDT written practice and procedures shall conform to the requirements of ANSI/ASNT CP-189, 2006, and be approved by the supervising Level III. All NDT technicians assigned to projects under DSA jurisdiction shall hold current Level II or greater certification, in accordance with the requirements of CP-189. 10. The laboratory facility shall provide test, inspection and verified reports in accordance with the requirements of the 2016 California Building Standards Administrative Code (CBC) Title 24, Part 1. Report format shall comply with LEA Program requirements and applicable ASTM standards. 11. The physical location of the facility, including but not limited to laboratory equipment and personnel, shall not change without prior notification to the DSA. Please be aware that failure to comply with any of the requirements of the LEA Program may result in this acceptance being revoked. A facility with a revoked acceptance may be reinstated when it demonstrates all deficiencies cited by the DSA have been corrected. Fees may be charged. If you wish to continue DSA acceptance beyond your current expiration date, you must submit a renewal application package at least 30 days prior to that date. The application (form DSA 100-PRE) and detailed instructions outlining submittal requirements can be downloaded from the DSA website. When we have received all required information, we will schedule an on -site evaluation of your facility. Thank you for participating in the Division of the State Architect's LEA program. Should you have any questions regarding the LEA program requirements please feel free to contact me at (916) 445-2193 or e-mail me at eric.france@dgs.ca.gov. Sincerely, f.. 1.. ... Eric H. France Division of the State Architect Laboratory Evaluation and Acceptance Program Enclosure: I ubsp; Cily council 21 lndash; lnbsp; I ()5 7/o/2021 @nhsp; Kleinfelder West, Inc. LEA 082 V - -------- — -------- Ea r"work/Lab Earthwork/Field Earthwork Sol[ Soil Compaction Fill Placement ®-Aggregate Foundation Asphalt Concrete � CaissonslP�les Reinlorcin Steel Reinforcing Steel Re -Bar and Bend Welding Multi -Wire Strand F-1 Chemical Analysis Concrete Batch Plant Concrete Re -Bar and Concrete Sampling Mak�ingLCurinq Specimens Pre —stressed Concrete E Drilled Cores f Beams [:�Shotcrete Z Compressive Strength Fiber Reinforced Concrete LengthNN, Epoxy— rTFlexural Strength ------ ------- R [:I Reinforced Gypsum Lightweight Concrete Z Post Installed Anchors Mix Design Review ❑ Splitting Tensile Masonry Post Installed Anchors 'ba"fich, Plant Torque Proof Load Masonry Placement Z Post Installed Anchors Masonry g uring..Specimens Making Structural Metals Grout Compressive Strength Welding _Pris�m Compressive Stren th i h Strength Bolting Z Unit Compr. StrW �th Absor lion Spray-Applied Fireproofing Dimensions Masonry Shear Drying Shrinkage Other Inspection Services: Metals/Lab Metals/Field N_D.T Structural Steel liquid Penetrant "R Tension" Magnetic Particle Bend N,Ultrasonic Density of SFRM High Strength Bolt Radiographic F-1 Tension Other Tests: Hardness ❑ Charpy V Notch Roofing El Tiles Approved by: Date: February 14, 2017 Division of the State Architect LEA Acceptance for Kleinfelder West, Inc., LEA# 082 is effective until July 1, 2020. 1102 Q Street, Suite 5100 Sacramento, California 95811 (016) 445-8100 &iibsp; C fl) COU1161 &iihsp; 21 &iidash; 166 7/6/2021 ,Vzlll)sp. Renewal is in process QNII•II1CII: QkII•SIfAlfII VWIIIIrII: II1II:AILlfllll lf1II,,,,A' 11III'4IIING AV+II 11Vll'@911:II ::all"MII,:Ntt q�� ,o au II•A�CIIII Il lfllll:S II'kll'Vll:ll.- III'1M1I:IN"If DIVISION APPLICATION FOR OSHPD PREAPPROVED AGENCY (OPAA) FOR STRUCTURAL TESTS AND SPECIAL INSPECTIONS For Office Use Only OPAA-0010-16 Appmvarl Agenny City County State ZIP Cntla Kleinlelder Inc. onlario San Bernardino CA 91762 APPLICATION TYPE / FEE Application Type New Application Fee Fees are Nonrefundable Renewal Fee Fees are Nonrefundable Ixl Combined Testing Abp Special Inspection Agency —' $1.000.00 29 $500A0 I esting Agency ONLY - $500.00 - $250.00 ❑ Special Inspection Agency ONLY ❑ $500.00 ❑ $250.00 APPLICANT INFORMATION Applicant Name Jeffrey Ala= Ontsi".O Position in the Organization LahGrairry SuperV'. sol' Agchsy LVeill Nome Kleinfelder West, Inc Appllcallan Datc 1/9/2017 raune Nun..... (911!))ab7-171a C-Mna I....lndd, r nn. Applicant certifies that all Information provided In this application are accurate. Applicant Signature - AOr re" _,f Fa6hty I OOa[IOn (FadPo fprCddyfOCytrOP reU!Jrrra' erri"te aDDGcanpn-) Street bA South Magnolia AVenLL r3r111611g G Qty Ontario County San 6cm.sal no Start_ CA Lip C6ae_ 017G2 I Ar. Iily M.),I nG Annrf.,..,.. (If Win,not t im fnn,my naa,nRR nbnvn.) St, _!-1 City State_ Do Cade_ KEY AGENCY PERSONNEL(Attacnadditionalpagcsifn(,,cded.) Enginaanng Manager (or equivalent) - Kanle Eric. Noel CA Keg Stratl0n NunnttI C 53513 LW) I.A1011 Jots 6-30-2017 TI'Ju. .nv Ong�.u . vi F'nnnc Proh,'t M,ngigcrIII Nunlhcr (9151) f101-117/ i FAX Ncrrlbcr --will ENu�1rt021dn1 Jnerr,.n. Alternate to Erg'. nearing Manager (ifany)- Name CA Nils'tmaan Nwnncr _xp.raann unm I Tle n tnl ❑rganoannn Pncne Ncniber Alternate Phone Number _ms.I .... .0 su&r_ ME STATE OF CALIFI M9--YiVN1 U"A-I-LD-r W AA- I qp (fif2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1i' 01F1::1C11. DIF: FAlfll. Wllllrll. II1II.ALF1111 IF111,,,,A 11411411ING AN11,6 II,AII VII.II 4,.)1F11MII,:NT f/tltd� F�A44 11'A�(CIIII 11Flll:S 11k1�:�6l�.Il..011:"IWqII'Nlf �D��V��"'b1101M KEY TESTING PERSONNEL(Attach additionalpages ifneeded.) Testing Su peNisor— Name CA Regiatmtioil N.unber (if 9ny) Expiration Date Jeremy Larsen I Itiv� n, m� Oir.a I7a0on FrIML Nurnbcr vice Pre`• CUIiIT. Matenalg Fury K I egt Illy Mnnnger (9(l9) 657-17% Alternate Prone Numher E-Mail JLaisen@Kleinfedei ccm -,elo Egting SOperv.gpr— KAme CIA egigtrV 01) Nnn,ber (it any) rxplrntMn Onto .IeIY. R,y LAISen I It1P III NO om)nlcleon Phone Number Virc Pic, Con,,L Malcri:ds Erg 5 Test Div Manager (909) 657-1716 Allemol_ Pnw,c NLi„bcr r-u¢.lI J Larsc ntC�Kldnfddc r-com KEY SPECIAL INSPECTIONS PERSONNEL (Attach additional pages if needed.) $p9Pa1 ,6119GIunS SupeNgor— Nwne CA Registrat or NO tuber (if ally) Expiration Date J9r9.ny I arsyn Title in the urga Ibatli;n Friona Number Vice Preg CpngT. Mnter.nlg Fnq_ .Y I eat Illy Manager (909) 657-1716 Alternate Pnons Number E-Mail J1 Arsen@kleinfler r.cm FiEld SremAI llS,I C.rt I SIIOeNISOr— NAmE CA R"i,,trAt'.or N'.ITber (if.eny) EXPIWATior DAtE Jernnly Larsen Title In the Organization Phony Numher VIeC Pmg Collo't- Matorl:alg Lng- 3 1 r`gt DIV Mallagcr (yp9) 5J/H-1 /l h Altpnntc Pnunc Numb,, F-n,n I JI an, I STATE OF CALIFt M9-- rMN1 U"A i-FLD-r WAA- 100 (G/2-1{"'pi eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAf\-0010-1I' 0111::1C11. 0l::: FAlfll. WIIIIr11. II1II.ALIf111111..»II,,,,Ab11411411ING AN11,6 II,AII lii'A�Ciiii iilfiiii:S iDii:Vii.ii..t)ii'11Mii:Nlf ii`�ii�AISii0iM ACCREDITATION AND QUALIFICATIONS Agency currently holds accreditation by: (Attach a copy of current accreditation details.) 7 AASHTO Accreditation Program (AAP) F7 National Voluntary Laboratory Accreditation Program (NVLAP) - International Accreditation Service (IAS) American Association of Laboratories Program (A21-A) ❑ Laboratory Accreditation Program (LAB) ❑ Construction Materials Engineering Council (CMEC) 1 ANSI-ASQ National Accreditation Board I-1 Other Latest Expiration Date (if any) Is this Agency accepted in the Division of the State Architect Laboratory Evaluation and Acceptance Program, DSA-LEA? L No ® Ycs Expiration Date, July 1, 2020 Basis for accreditation (Check all that apply): ❑ ISO/IEC 17025: General requirements for competence of testing and calibration laboratories ❑ ISO/IEC 17020: General requirements for the operation of various types of bodies performing inspection - NISTIR 7012 Technical requirements for construction materials testing ® AASHTO R18: Standard Recommended Practice for Establishing and Implementing a Quality System for Construction Materials Testing Laboratories ❑ ASTM E 329: Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction ® ASTM C 1077: Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction arid Criteria for Laboratory Evaluation 6 ASTM D 3666: Specification for Minimum Requirements for Agencies Testing and Inspecting Bilurninous Paving Materials x ASTM D 3740: Practice for Evaluation of Agencies Engaged in Testing and/or Inspections of Soils and Rock as Used Engineering Design and Construction S ASTM C 1093: Practice for Accreditation of Testing Agencies for Unit Masonry ASTM E 1212: Practice for Quality Management Systems for Nondestructive Tesfing (NDT) Agencies ❑ ASTM E 543! Specification for Agencies Performing Nondestructive Testing (NDT) IAS AG 291: Accreditation Criteria for Special Inspection Agency Basis for Test Technician/Special Inspector Qualification (Check all that apply): F7 Hospital inspector class "A°, "B or "C' certification 2 DSA-LEA approval as test Technician/special inspector Certification listed in IAS AC 291 Table 1 Minimum Qualifications for Special Inspectors ® Welding inspectors satisfying the requirements ofthe CDC 2016 Section 1705A.2.5 x California licensed engineer qualified to be test technician/special inspector I S-FKrE OF CALIFt' M9--'riVN1 OSFi-I-L3-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r 10 10 1i' 011::I•nCll. Qkll• FAlfll•Wllllrll. II1II.AILlfllll ii::1ii,,,,A''bii4i14iiiNG ANTI II,AII VII.II ..all"I1�II,:INtt f/itd� FiAl4 ii'ACiiii iilfiiii:S 11k11:Vii.ii..011'11M11'Nlf iiNiVIS1101N APPLICABLE TEST STANDARDS FOR WHICH AGENCY IS APPROVED By checking "yes" in Tables 1 through B below, the applicant verifies that the agency has the equipment and qualified personnel to perform the indicated testing. ONLY mark tests that are listed in accreditation certificate or DSA-LEA. 1 SOILS AND FOUNDATION$ Tests Yes Standard Test Procedure Yes Standard Test Procedure ® a. I ASTM D 421 Dry Prep of Soil ® b. ASTM D 422 Particle Size Analysts J c. ASTM D 558 Moisture Density of Soil Cement Mixtures d. ASTM D 698 Compaction of Soil -Standard No. 200 Wash ❑ e. ASTM D 854 Specific Gravity of Soil © f. ASTM D 1140 J g. AS I M D 1143 Deep Foundations— Axial Compression ® h. AS I M U 1bb6 Uensity of Soils- Sand Cone ® i. ASTM D 1557 IS011 Compaction- Modified ❑ j. ASTM D 1883 CBR Lab. Compacted Soils ® k. ASTM D 2166 Unconfined Compressive Strength/Moisture content © I. ASTM D 2216 Water Content of Soil m. ASTM D 2419 Sand Equivalent Value sd n. ASTM D 2434 Permeability of Granular Soils ® o. ASTM D 2435 Consolidation Test ®p. ASTM D 2487 Classification of Sails 'yj q. ASTM D 2488 Identification of Soil Visual r. ASTM D 2844 Resistance R-Value R Fx . Pressure ❑ s. ASTM D 2850 Unconsolidated, Undrained Triaxial ❑ t. ASTM D 2974 Organic Content ® u. ASTM D 3080 Direct Shear V. ASTM D'3441 Cone Penetration Test (CPT) 71 w. ASTM D 3689 Dee Foundations- Axial Tension x. ASTM D 3744 DurabilityIndex J ASTM D 3966 Deep Foundations -Lateral Loads z. ASTM D 4318 Liquid I Plastic Limit ❑ aa. ASTM D 4546 Swell or Collapse Test ❑ bb. ASTM D 4643 Microwave Moisture of Soils J cc. ASTM D 4718 Oversize Rock Correction dd. ASTM D 4767 Triaxial Compression .A ee. ASTM D 4629 Expansion Index ff. I ASTM D 4945 Deep Foundations - Dynamic Testing I gg. ASTM D 5084 Permeability of Soils hh. ASTM D 5778 Friction Cane and Piezocona Penetration Test 71 ii. ASTM D 6913 Gradation of Soil Using Sieve Analysis n jj. ASTM D 6938 Density of Soils - Nuclear Gage rl kk. ASTM D 7D12 Triaxial Compressive Strength of Rock Core Specimens n It. J mm. nn. Tests that are in the lab's scope but are not listed above should be provided in the space(s) below. Yes Standard Test Procedure Yes Standard Test Procedure r1 a. b. J c. —, d. J o. L I • p STATE OF CALIFt M9-- rfVN1 OSFi-I-L3-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY OPAA-001 )-1b' 011::I•nCll. DIF: SIfd-@Ifll. Wllllrll. II1II.A1.Llfllll II..»II.,,,A 1141l'4IIING ANll,6 II,AII VII.II t..all"I1�II,:INtt lii'AkCiiii iiFiiii:S iikii:Vii.ii..0ii'11Mii:NIT iDiMiSii0iM 2 CONCRETE Tests Yes Standard Test Procedure Yes Standard Test Procedure ❑ a. AASHTO M 201 Moisture Roonls ❑ b. ACI 355.2 Post -Installed Mechanical Anchors C. ACI 355.4 Adhcsivc Anchors I Id. ACI 374.1 Momcnt Framcs ❑ e. ACI I I G-5.1 Post -Tensioned Precast Special Walls ❑ f. AS I M A 416 Steel Strand Tension and Bend ® ASTM A 615 Tension Test ® h. ASTM A 706 n 1. ASTM A 970 lHeaded Steel Bars - Bend (-1 I j. ASTM A 1034 Rebar Mechanical Splices ® k. ASTM C 29 Unit Weight I Voids O 1. ASTM C 31 3oncrete Sampling - Field ® M. ASTM C 39 Compressive Strength ❑ n. ASTM C 40 rgani(: Impurities x o. ASTM C 42 Concrete Core ix P. ASTM C 78 Flexural Strength N7 CI. ASTM C 88 Sodium Sulfate Soundness r. ASTM C 117 No. 200 Wash x S. ASTM C 127 Specific Gravity - Coarse ❑ L ASTM C 128 Specific Gravity - Fine U. ASTM C 131 Degradation of Aggregate V. ASTM C 136 Sieve Analysis Course I Fine W. ASTM C 138 Density I Yield I Air Content x. ASTM C 142 Iay I Friable Particles Y. ASTM C 143 Slump 17 Z. ASTM C 157 en th Chan e ® aa. ASTM C 172 Sampling Freshly Mixed Concrete ® bb. ASTM C 173 kii Content V ❑ cc. ASTM C 174 Measuring Thickness Using Drilled Concrete Cores ® dd. ASTM C 192 Making I Curing Specimens - Lab x ee. ASTM C 231 Air Content P I-1 ff. ASTM C 295 Petrographic Analysis ❑ ASTM C 495 Li htwei ht Concrete ❑ hh. ASTM C 4% Splitting Tensile ii. ASTM C 511 Moist Cure Rooms/Tanks Ix JL ASTM C 535 LA Abrasion 2S kk. ASTM C 566 Moisture Content of Aggregate ❑ II. ASTM C 567 Density of Lightweight Aggregate 7 num. ASTM C 617 Capping Concrete Specimens 17 nn. ASTM C 702 Reducing Aggregate Samples OD. ASTM C 1064 Temperature F1 pp. ASTM C 1140 Shotcrete Compression ® qq. ASTM C 1231 Unbonded Caps E rr. ASTM C 1292 Um.onipacted Void Content ❑ SS. ASTM C 1260 kali Reactivity of Aggregate El tt. ASTM C 1293 Length Change due to Alkali -Silica Reaction ❑ uu. ASTM C 1542 Measuring Length of Cores ❑ w. ASTM C 1602 ater ❑ ww. ASTM C 1604 Shotcrete Core ® xx. ASTM D 75 Sampling Aggregate yy. ASTM D 1560 Stabilometer Value n zz. ASTM D 1561 Prep for HMA Test Specimens ® aaa. ASTM D 2041 Maximum Theo. Specific Gravity ® bbb. ASTM D 2419 and Equivalent Value 7 ccc. ASTM D 2726 Specific Gravity of Marshall Sample ❑ ddd. ASTM D 2950 In -Situ Density with Nuc. Gauge eee. ASTM D 3039 Tensile Strength of FRP ❑ fff. ASTM D 3203 Percent Air Voids x ggg. ASTM D 3744 Aggregate Durability Index F1 hhh. ASTM D 4541 Pull of Strength of FRP x iii. ASTM D 4791 Flat Elongated Pieces in Aggregate jjj. ASTM D 5444 'ieve Analysis of Extracted Aggregate kkk. ASTM D 5821 jPercent Crushed Particles la I III. ASTM D 6307 sphalt Content by Ignition mmm. ASTM D 6926 Prep for Marshal test Specimen LJ Innn- ASTM D 6927 Marshall Stability & Flow, Air Voids STATE OF CALIFt M9--YiVN1 OSFi-I-L3-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r 10 10 1b' D11::I• CII. DIF: S IIII.ALFII11 F111,,,,A''b11411411NG ANII,6 11,V�� 10 I 11'A�CIIII 11Flll:S 11k1�:�6l�.Il..011:"I�qII:Imr �DIMI"'b1101M 2 CONCRETE (Continued) Tests Yes Standard Test Procedure Yes Standard Test Procedure 000. ASTM E 488 Strength of Anchors ❑ PPP. ASTM E 1190 Power Actuated Fasteners ❑ qqA. ASTM E 1512 Bond Strongth of Anchors ❑ rrr. ICC-ES AC 193 qnchors in Concrctc n sss. ICC-ES AC 232 Anchor Channels in Concrete I-1 ttt. ICC-ES AC 308 kdhesive Anchors in Concrete ❑ uuu. ICC-ES AC 395 Headed Shear Stud Reinforcement ❑ vvv. ICC-ES AC 398 old Formed Steel Connectors in oncrete for Li ht-Frame Construction — www. ICC-ES AC 399 Cast -in -Place Bolls in Concrete for Light -Frame Construction Elxxx. ❑ YYY• ❑ zzz. Tests that are in the tab s scope but are not listed above should be provided in the space(s) below Yes Standard Test Procedure Yes Standard Test Procedure n A. 1 n e. C. El d. e. Li f. i■ • p S-FKrE OF CALIFt M9-- rMNI OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1i' DII•IFICI . DIF: SIfAlfll VWllllrll. IIIII.AILlfllll II..1II,,,,Ab1141I4IIING ANTI II,AII VII.II t..all"I1�II,:Ih�tt P/�td� F�A44 11'ACIIII 11FIII:S 11k11:Vll.Il..011FIMIE'Nlf INIVII"'b1101M 3 MASONRY Tests Yes Standard/Coda Reference TostProcedure Yes Standard/Code Reference T2At Procedurn ® a. ASTM C 39 Core Compressive Strength ❑ b. x C. ASTM C 140 Absorption, Compressive Strength, Unit Weight, Dlmenslons & Molsture Content n d. ❑ e. ASTM C 426 Linear Drying Shrinkage ® f. ASTM C 780 Mortar Compressive Strength Y. ASTM C 1019 Sampling and Testing Grout (Compressive Strength) Y' h. ASTM C 1314 prism Sampling & Compressive Strength n I. x' i. ASTM C 1552 Capping Masonry ❑ k. ASTM E 3B4 Micro- indentation Hardness ❑ I. M. CBC 2105A Mortar Sampling n. CBC 2105A Core Shear ❑ o. ICC-ES AC 01 Anchor in Masonry P. ICC-ES AC 58 Adhesive Anchors n q. ICG-ES AC 106 Screw Anchors in Masonry n r. ❑ s. ❑ t. Tests that are in the lab's scope but arc not listed above should be provided in the spacc(s) below. Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure a. b. ❑ C. ❑ d. ❑ e. ❑ f. I STATE OF CAUFt M9--YiVNI OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1b' 011I::ICII. DIF:: SIfAlfll Wllllrll. II1II.ALF111111..»II,,,,Ab11411'4IIING AP+II II,AII VII.II t..all"I�ll,:lh�tt 4 STEEL Tests Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure a. AISC 341 Section K2 Beam to Column Moment & EBF Connections Cyclic Tests b. AISC 341 Section K3 BRBF Cyclic Tests c. ASTM A 90 Weight of Coating d. Headed Steel Bars Bend Test ® e. ASTM A 370 Tension & Bend Test n f. ASTM A 970 g. AS I M A 1061 Uncoated Seven -Wire I ension h. AS I M A 1064 Steel Wire I ension & Bend I est ❑ i. ASTM E 10 Brinell Hardness ❑ j. ASTM E 18 Rockwell Hardness n k. ASTM E 23 Charpy V- Notch n I. ASTM E 94 Radiographic Liquid Penetrant Bend Test Magnetic Particle Material Identification M. ASTM E 164 Ultrasonic _ n. ASTM E 165 o. ASTM E 190 Guided Bend A P. ASTM E 290 ® q. ASTM F 605 Density of SFRM ❑ r. ASTM F 1444 S. ASTM F 606 Bolt Tension Test A t. CBC 2203A _ u. ICC-ES AC 318 Tapping Screw Fasteners - °• ICC-ES AC 322 old -formed Steel Vertical ssernblies Tests Ilia( are, in the lab's Scope but are not listed above should be provIded in the spacel's) below. Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure a. ASTM E736 SFRM Adhesive b. n c. c. f. 5 Wood and Roof Assemblies Tests Yes Standard Test Procedure Yes Standard Test Procedure ❑ a. ASTM C 67 Brick and Structural Clay Roof Tiles ❑ b. ASTM D 1761 Fasteners in Wood C. ASTM D 2395 Density/Sp. Gr. of Wood ❑ d. ASTM D 3617 Analysis of Built -Up Roof Systems rl A. ASTM D 4442 Moisture Content of Wood rl f. ASTM D 7147 Joist Hangers ❑ g. ASTM E 72 Panel Testing ❑ h. ASTM E 2126 Cyclic Testing of Panel for Shear ❑ i. ICC-ES AC 130 Wood Shear Panels ❑ j. ICC-ES AC 155 Hold -Down for Woods 1 k. ICC-ES AC 233 Alternate Dowel -Type Threaded Fasteners n I. ICC-ES AC 283 Plate Connector for Wood Trusses n. Tasty th»f arc in the labs scri >o Hut arc not Ifcrcd above .choulr/ be provid d in tho s iare s bcrow_ (-I a. n b. rl e.I I In d. ❑ e. I I I❑ f. _" .fr. I STATE OF CALIFt M9--YfVNI OSFi-I-L3-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA-r101 Y1ti 01F1::1C11. DIF: SIfAlfll VWllllrll. II1II.AILlfllll II..1II,,,,Ab1141141IING ANTI II,AII VII.II t..all"I1�II,:Ih�tt l11'ACIIII 11Flll:S 11k1�:�6l�.Il..011FIM11:NF �D��V��"'b1101M 6 COMPONENT, ASSEMBLY, PROTOTYPE & MISCELLANEOUS TESTING Tests Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure ❑ a. AAMA.�01.4 Static Test for Curtain Wall and Storefront Systems ❑ b. AAMA.�D1.6 Dynamic Test for Curtain Wall and Storefront Systems c. ICC-ES AC 156 Shake Table Test _ d. FM 1950 Seismic Sway Brace Testing n e. n f. g. h. n i. n j. Tests that are fn the lah s scope but are not listed above should he wovIded in the snare(s) helow. ❑ a. ❑ b. c. d. 9. f. I STATE OF CALIFI M9-- rMN1 OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1b' 011::I•nCll. OF:: FAlfll. Wllllrll. II1II.ALlfllll F1II,,,,Ab114114I1lNG ANII,6 II,AII VII.II t..all"I1�II,:Ih�tt q�� F A44 II' �C IIII II Fllll :S Il kll :Vll .Il..f 1F11 gII :N If II`tll�All"'bll�'3IM 7 TEST TECHNICIANS Provide Following Information for Each Test Technician Employed by the Agency (Attach additional sheets if needed -To update expiration date a renewal application for OPAA and proof of renewal for certification/license shall be required Test Technician's Certification/ Certification/ Certification/ Name License Type Licensing Agency License Number Expiration Date" Comments NICL'ILLVLL III Soils NICET 129413 06-01-19 NICEI'LevelIII NiCF1' 129413 06-01-19 Asphalt N I C I!'i Level l l i NICET 129413 o6-01-19 Michael Magana Concrete CI Aggregate CI 01112,901 12-20-21_Updated since DSA App CT Field Testing ACI 01112801 03-17-17 Tech ACT Strength ACI 01112801 08-13-19 Testing Tech UpdaIed since DSA App Caltrans- Soils Caltrans Na 1-31-19 Updated Since DSA Michael Magana Caltrans - Concrete Caltrans Na 12-2-18 PP Caltrans - Asphalt Caltrans Na J-17-17 M3110Sanche7 ACT Strcngth ACI 0138403 11/10/21 Testing Tech ACI Uield l'estin,v CI 113 S-12-17 Eric Finley i'ech HMA SOILS PCC Caltrans Na 12-:31-17 CT Field Testing ACI Na 12-11-18 Tech Edmond labbour ACT SLrength TesL Tech ACI Na 11-11-18 IIMA / SOILS / PCC Olt•ans Na 1-31-19 Curtis Bullis Cl Field Testing CI Na 3-17-17 Tcsh CI Field Testing Duminic Muntemayur Tech CI Na 1-17-20 Soils/PCC Calwnls Na 5-9-17 ACT Field Testing ACI 00988756 9-16-18 Tech Thomas ltehosky ICC Soils ICC 208315r; W-18-19 Snits, Concrete NTCFT 130S83 10-1-2019 Asphalt ]efh•ey Diaz Soils, Concrete. CdllranS t18 dr10115 S h31t Reinforced Cone, Mas, ICC 5320836 07-2018 Fire roofin . Soils. CI (Multi) CI 01074782 Various Test Terhnirians with expired license shall not be permitted to pertorm Tests STATE OF CALIFt62N19=YiVN1 OSFi-FtJ-r WAA- 19P (Lif2-W'OIeS) _VZ V >017 AND HUMAN SERVICES AGENCY OPAA-0010 1 b' 011::I•nCll. OF:: SIfAlfll yWllllrll. II1II.AILlfllll II..1II,,,,Ab114114I1lNG ANTI II,AII VII.II f..all"Ii�ll,:lh�tt td� 11'A�CIIII 11Flll:S 11k1�:�6l�.Il..01F11yg11:Nr �D��V��"'b1101M 7 TEST TECHNICIANS (Continued) Provide Following Information for Each Test Technician Employed by the Agency (Attach additional sheets if needed `To update expiration date a renewal application for OPAA and proof of renewal for certification/license shall be required Test Technician's Name Certification/ License Type Certification/ Licensing Agency Certification/ License Number Expiration Date' Comments Test Technicians with expired license shall not he Permitted to pertotm Tests S"fATE OF CALIFI M9--YiVN1 OSFi-I-LD-r W AA- I qp (G/2-W'O I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1b' 011::I•nCll. DIF: SIfAlfll Wllllrll. II1II.ALlfllll il.1ii,,,,A''bii4i14iiNG ANTI II,AII VII.II t..all"i�ii,:Ntt P/ttdt F�A44 ii'ACiiii iiFiiii:S 11k11:Vii.ii..011'11M11'Nlf iDIVIS1101M APPLICABLE SPECIAL INSPECTIONS FOR WHICH AGENCY IS APPROVED By checking "yes" in Tables 7 through 12 below. the applicant verifies that the agency has the equipment and qualified personnel to perform the indicated special inspections. ONLY mark tests that are listed in accreditation certificate or DSA-LEA. 8 SOILS AND FOUNDATIONS Special Inspections Yes ® Code/Standard a. CBC 170511705A Field and Types of Inspection CLishrl-place Deep Foundations Yes ® Code/Standard b. CBC 1705/1705A Field and Types of Inspection Driver) Deep Foundations ❑u c. CBC 1705/1705A Soils Excavations and Fills n d. CBC 1812A Shoring ® e. CBC 1813A Ground Improvement ❑ f. ❑ g. ❑ h. Special Insperbuns that are in the agency's scope but are not listed above should he provided in the space(s) below. Yes Code/Standard Field and Types of Inspection Code/Standard Field and Types of Inspection ❑ a. NE] b. ❑ c. d. ❑ e. f. 9 CONCRETE Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection Shotcrete A a. CBC 1705/1705A Post -Installed Anchors ❑ b. CBC 170511705A c CBC 1705/1705A & ACI31B Pre -Stressed Concrete LDS d. CBC 1705/1705A & ACI318 Reinforced Cast -In -Place Concrete G7 e CBC 1705/1705A & ACI 318 Reinforced Pre -Cast Concrete Cy f. CBC 1705/1705A and ASTM C94 Batch Plant Fiber Reinforced Polymer (FRP) Composes ® g CBC 1705/1705A & AWS D1.4 Rebar Welding rl h. CBC 1911A & ICC- ES AC 178 ❑ i. ❑ j. Special Inspections that are in the agency's scope but are not listed above should be provided in the space(s) below. Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection a. b. ❑ c. ❑ d. ❑ e. ❑ f. I S-FKrE OF CALIFt M9-- rMN1 OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1b' D11::I•nCll. DIF: SIfAlfll VWllllrll. II1II.ALlfllll F1II,,,,Ab1141I4IIING ANII,6 II,AII VII.II t..all"I1�II,:Ih�tt P/tq�� F A44 II'ACIIII Illfllll:S I1k11:VII.II..011:"MII'Imr IDIIVII"'b110Im 10 MASONRY Special Inspections Yes Coda/Standard Field and Types of Ina action Yes Coda/Standard Field and Tylami of Ins action ® a CBC 1705/170F`A & AWS D1.4 Rebar Welding n b. CBC 1705/1705A & TMS 602 Masonry Placement ❑ C. n d. ❑ e. ❑ f. Special Inspections that are in the agency's scope but are not listed above should be provdled in the space(s) below. Yes Code/Standard Field and Typos of Inspection Yes Codo/Standard Field and Types of Inspection ❑ a. ❑ b. ❑ C. ❑ d. ❑ e. ❑ f. 11 STEEL Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection 0 a. CBC 1705/1705A Fireproofing 0 b. CBC 1705/1705A Structural Cold -Formed Steel C. CBC 170511705A, AISC 360 & 341 High Strength Bolts gg d CBC 1705/1705A, AISC 360 & 341 Steel Fabrication &Erection © e. CBC 1705/1705A, AWS QC1, AISC 360 & 341 Welding _ f. ❑ g. ❑ h. Special Inspections that are in the agency 5 scope but are not listed above should be provided in the space(s) below - Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection n a. F-1 b. ❑ C. ❑ d. e. I I f. I STATE OF CALIFt M9--YiVN1 OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1i' 01F1::1C11. DIF: FAIf11•WIIIIr11. II1II.ALIf11111F111,,Ab11411411ING AN11,6II,AII VII.II t..a111MII,:I4tt l11'A�CIIII 11Iflll:S 11k1�:�6l�.Il.At11IM11'�Nlf �D��V��"'b1101N 12 Wood and Roof Assemblies Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection 1 a. CBC 170511705A Wood Construction 1 b. J c. J d. (—I e. (—I f. rl g. rl h. Special Inspections that are in the agency's scope but are not listed above should be provided in the s aces below. —1 a. n b. ❑ C. ❑ d. ❑ a. ❑ f. 13 NONSTRUCTURAL COMPONENTS AND MISCELLANEOUS SPECIAL INSPECTIONS Special Inspections Yes Code/Standard Field and Types of Yes Code/Standard Field and Types of Inspection ❑ a. CBC 170511705A Damping System ❑ b. CBC 170511705A Nonstructural Components, Supportsand Attachni nts c. CDC 1705/1705A Seismic Isolation System _ d. CDC 2003 & AWS D1.2 Aluminum/Aluminum Welding ❑ e. CBC 2410 SSGtural Silicone Glazing ❑ f Special Ins ections that are in the a enc 's scope but are not listed above should be provided in the s aces below ❑ a. ❑ I b. n c. n d. I STATE OF CALIFt M9-- rMN1 OSFi-I-LD-r W AA- 1 qp (G/2-W'o I eS) _VZ V 2017 AND HUMAN SERVICES AGENCY 0PAA-r101 Y1ti r" +yt 4 of 19 011:: I•nCll. tkll• FAlfll. Wllllrll. II1II.AILlfll 11 II..»II,,,,Ab1141I'4IllNG ANII6 II,AII VII.II t..all"I ll,:lh�tt P/ttd� FfAl4 11'AtCIIII 11Flll:S 11k11:Vll.Il..011:'11Bg11'Nlf DIVI"'b1101M 14 SPECIAL INSPECTORS Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheets if needed -To update expiration date a renewal application for OPAA and proof of renewal for certificationilicense shall 6e required Inspector's Name Certification/ License Type Certification/ Licensing Agency Certification/ License Number Expiration Data* Comments Fireproofing ICC 5320836 2-16-2U18 Correct hxo Date Reinforced Concrete ICC 5320836 2-1 f.- 2018 Correct F'XP Date Jeffrey Diaz Soils ICC 5320836 2-16-2018 Correct Esp Date Masnury ICC 532On36 2-16-2018 Coiiaci.]asp Date Masonry ICC 1106095 1-18-2020 Kim Byrd Welding ICC 1106095 "1-18-2020 Rcinlirn:cd Cnncnac ICC 110609" 1-18-2020 Ili esn-essed Concrete ICC II090g5 1-I11-2020 troy llegcncr Mpa:onry fCC. 5114248 6-13-2017 Welding ICC 5114248 6-13-2017 Reinforced Concrete ICC 511421.8 6-13-2017 Fireproofing ICI: 5114218 6-1'-7-2017 High Stren th Rultin • ICC 51 11.248 6-13-2017 Masonry ICC 5u!!/U5 /-2U-2U1'1 Fric Kennedy welding ICC SC777705 7-20-201ti High Strength Bolting ICC 5077705 7-20-2019 Reinforced Concrete ICC S07770S 7-2U-2019 Presn•essal Conerow ICY: 50777M /-2U4.0 19 Masonry ICC 5006860 9-13-2017 Correct ICC ID Prestressed CoucreIe 5006860 9-13-2017 _acted ICC If) w,hortC.n,•mnn welding ICC 5006860 -13-2017 Cni rectICC ID Reinforced Concrete ICC SU06860 -13 20I7 Correct ICC ID Fireproofing ICC 50U6860 1-13-2017 correct iCC IT) Masonry ICC 106609, 1-2-2020 Prestressed Concrete ICC 1066U95 1-2-2020 ❑ennis Brown Vcidiug ICC 106600_ 1-2-202U Reinforced Concrete ICC 1066095 1-2-2020 Masonry ICC 5223743 1-24-2019 ]cssr Maddnz 1Jr1ding ICC 5223743 1-24-2U19 Rcinfori rd C onorno ICC 5223743 1-24-2019 Masonry ICC 1U26139 5-14-2U19 Varian Deircleirian R, I(' c'd ICC 1026139 5-14-2019 Prestressed Concrete ICC 1026139 +-14-2019 Shotcrete LA City I1009633 na $ piCW In.S PChJrs with ex irp(I I/CP.nsf? shall not hN ppirmitted ftl Peffotm Special fins. ffctioas. I STATE OF CALIFt M9--YMN1 OSYi-I-LD-r W AA- 1 U0 (lift-W'o I eS) _HZ V >017 AND HUMAN SERVICES AGENCY OPAA-001 )-li' 011::I•nCll.Qkll• SIfAlfll VWllllrll.II1II.AILlfllll II..»II,,,,Ab1141I'4IIINGAP+II II,AII VII.II ..all"I�II,:INtt P/ttd� 11'ACIIII 11Flll:S 11k1�:�6l�.Il..� 11:'11 g11'1Nlf �D��V��"'b1101N 14 SPECIAL INSPECTORS (Continued) Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheets if needed 'To update expiration date a renewal application for OPAA and proof of renewal for certification/license shall be required Inspector's Name Certification/ License Type Certification/ Licensing Agency Certification/ License Number Expiration Date` Comments Soils ICC 8124546 1-24-2018 Zach Roush Sieel and Rolling I C R324 r,46 12-R-201R Reintorced Concrete ICC 81,24516 -26-2019 Michael Curmun Welding y Rulting fCC 5032377 -25-2016 $ leGfil Ins iBCtorS With expired iiCerlSe Shell not he 7efrratted to ptrform $ )ecial ills uctiOns. I STATE OF CALIFt M9--YiVN1 OSP7-FO-rWNN...IOp (fif2-t{"'pi eS) AND HUMAN SERVICES AGENCY OPAA-001 )-li' 011::I:1C11.OF:: SIfAlfll VWllllrll.II1II.AILlfllll II..1II,,,,Ab114114I1lNGAP+II II,AII VII.II t..all"I1�II,:Ih�tt 14 SPECIAL INSPECTORS (Continued) Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheets if needed -To update expiration date a renewal application for OPAA and proof of renewal for certification/license shall be required Inspector's Name Certification/ License Type Certification/ Licensing Agency Certification/ License Number Expiration Date" Comments S eCiat InSjoeMrS with ex ire(I license Shall not be ennilted l0 errorro Special Ins echoos I • p S-FKrE OF CALIFt M9--YMN1 OSFi-I-LD-r WAA- I00 (G/2-�{"'pi eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r101 )-1b' 011::I•nCll. DIF: FAlfll. Wllllrll. II1II.ALlfllll ll..»II,,,,Ab1141l'4lllNG ANIl,6 II,AII VII.II t..all"I�ll,:lh�tt lF A44 II'A�C IIII Il lfllll:S IlklI :VII .II..011:"MII:Im r IDIIVII"'bll�'3Im 15 SUMMARY OF AGENCY'S TESTING AND SPECIAL INSPECTION SERVICES Structural Tests & Special Inspections (Check all that apply) Yes Structural Tests Yes Structural Special Inspections Soil A Earthwork A Aggregate A Batch Plant A Reinforcing Steel A Reinforced Concrete ® Concrete ® Pre -Stressed Concrete ® Post -Installed Anchors 2 Post -Installed Anchors ® Concrete Specialty Inserts 0 Pre -Cast Concrete ® Shotcrete ® Shotcrete 5� Masonry fx1 Masonry ® Steel ® Steel Welding A High -Strength Bolts and other Fasteners A High -Strength Bolts and other Fasteners ® Non -Destructive Testing (NDT) ® Spray Applied Fireproofing Wood F7 Nood ® Aluminum/Aluminum Welding ® Aluminum/Aluminum Welding ❑ Fiber Reinforced Polymer (FRP) Composites ❑ Fiber Reinforced Polymer (FRP) Cornpove4 ® Deep Foundations A (Jeep Foundations ® Nonstructural Components, Supports and Attachments ® Nonstructural Components. Supports and Attachments Ike Structural Elements and Connections 1 ❑ jBase Isolators ❑ Shake Table Tests I ❑ Dampers, Tosts and S ecial Insjocctions that arc in the A enc 's sco c but are. not listod above. should be providcd in the s ace. s bclovv. n I I n I STATE OF CALIFt M9--YiVN1 OSFi-I-LD-r WAA- 100 (G/2-�{"'pi eS) _VZ V >017 AND HUMAN SERVICES AGENCY 0PAA r 10 10 1b' 011FIFICI.0IF:FAlfll.WIIII)II.IIIII.AILlfllllII..»II,,,,Ab1141I4IllNGAP+dll,6II,JIIVII.II(NIFIKlENT 10 List of Attachments Supporting the Agency's Approval (Check all that apply) Yes Enclosure Type OSHPD Facllltles Development Dlvlslon (FDD) Payment Form (OSH-AD-367): htt 9/osh d.ca. ov/FDD/Forms/eSPForms/OSH-FD 367-FacDvm[DivPmtFOrm. df 0 DSA-LEA Laboratory Qualification as posted at DSA website: httl3s ffwww.ar)i)s.dqs.ca.gov/tracker/Ar)provedLabs.aspx 0 Latest Copy of DSA 100: LEA Program Application as Submitted to DSA -x Latest copy of DSA 220: LEA Program On -Site Assessment Report 17 Lalesl copy of DSA acceptance lever of the A(lericy into the LEA ro ram. 0 Current Accreditation Certificates including List of Tests and Special Inspections for which the Agency is Accredited Ill Copy of Test Tech n icianfl nd ivid ual Special Inspector's License/Certi fic3 Lion showing expiration dale(s) 7 OPL Number for Conversion of OPL to OPAA only: OPL-0045-10 — OPAA Number for Conversion/Renewal of OPAA only. O Other Please Specify): Other Please S ecifv : — Other Please Specify): O Other Please S ecl OSHPD Approval (Eor Office Use Only) Signature !`, , �C�_ri' _ 111—" Print Name: M. R. Karim Title SHFR Condition of approval (if applicable) _, .,:�fr. - Approval Date: 3/28/17 Approval Expiration Date: July 1, 2020 I STATE OF CALIFI6 M=Yi'EAL' M AND HUMAN SERVICES AGENCY OSPI-I-LD-r W AA- 1 qp (G/2-W'o I eS) _H7 /2017 0PAA-r10IY1i' r" ,q4 19 of 19 Validation Certificate Page l ol'2 L1`,A4 F. IT, 11$ I I Ir If A.11'IT, r i MTC I` I, IF LAR DIRA 11ORV' VALI..tlDA 11 ION n °TMe. ERDC htell(rrldrl 6211 South Magnolia Ara Ontario. CA. I nilcd Alatcs Jcttr'ry Diaz (9419) 6S7-1716 ho. dcnLm9H'a10d, by ubbl c, wlcl audit of its AASTTTO ,. rcdilation, or by inspwlion oCmquircd mcorda, cquipmcn-, )II OLUI us., lecililie, and/or final rcl crts, its I'lofiricncy n, perlonu tcAing of umetrccti0n ul,11.Vt ls, as catald iahcJ by tLC quality ,t ndartls of AASIITO R 19 guidancrt sad flirtrcqui1r111cttIS of fic appliciblc ASTDI aaiidard<_ PHIS I. SAIL E CFH'I'IFIC AILOF LAHOHAIORV VAIADA'I'ION IS A(( I RATF: AS OF 111 DA'I'L AND 'll NF: OF CENERATION: 07 FER 2020 AT 15-1011011RS ALL VILI IIOU5 LIS I LD ON I IIIS CLRIIFICA I L OF VALIUAI [ON WILL LXPIRL ON 112/117/2022 PI EASE CONFIRM I HF ('LRRFN-IVAI.II)A'I ION S'I'A-I'L!S OF I HIS I. AROIZA'I.ORV LSINtr I HI- SFARC.H FEAT LIP I- ON OIIR PUBLIC WGBSITG IMP; [fnmtr crd. dray.mil r_h,d A. Gervcl FI„DI:CITOI LgACL 1C,lu,;r Grille: VIAsb„rp„ Ni , ppi, IISA AGGREGATE Aggregme - C 29 - Opt - LII t We,.,ght ono W,ios in Agyfeyale Aggdayalc - U /5 - Opt - Sampl Illy Aggrcgalc - C 00 - Opt - 31Jlf1Ilc Socndncss Aggicgatc C 117 Rcq Matcrial Fincr than 7S pm (No. 200) Sicvc Aggregate - C 127 - Rey - Specif'.c Crevity & Absorption in Coarse Aggregate Aggrngrtw - C 12A - Rcq - Spi,mf'.c Gravity R Ansnrption in r.nn Aggrcgatc AJnnlgalC - (: I it - Opt - I ns AngCles Anna ,n k(,-, a0f r) Small-S- Cn,r (- Agrl2fdale, Aggreyale - C 136 - Ray - Sieve Analysis of Aggregales Aggreyala - C 142 - Opt - Clay Lurnps Aggregate - C .535 - Opt - Los Angeles Abrasion Res'. eta Ica on Large Size Coarse Ago regate Argregate - C Sett -Opt - Tntal MoiSture (.OnteM Aggregate - C 70i - Opt - Reorcm(l Sarriples t(, Testinq Sbe Aygregatc - C 10t(- Opt- Opnprete oilu Concrete Agyregale Iestldly Stnn,larus (QIIa ITy ti[alldafi S) Aggrcgalc - C 1252 - Opl- Jr, otnpucicd Void COnlcnl of Fine Aggrcgalc (as n0ucnccd by panic lc slmpc, bolt race tCxtllr C. and glaring) Aggrcgalc - D 2410 - Opt- Sand Equivzlcn'. Valk Aggregate - D 3666 - Opt- Minimum Requirements for Agenciea Testing and Inspecting Road and paving Meterisla Aggregate - D :17ll - Opt - Aggregate Durn3llty Index Arplrnrlalc - ❑ 4fol - Opt- I Ia'.:mn I_Innrla,en Pa c;ra es ;n Cn�,rse Arlydrode to AUyreyale - n 5021 - 001 - ParcanJa of FrOLIO,ed Perliples in OU,tse Ayyre0ale BITLm,nn.,s - D 97p - Raq - Ritl mino0¢ - D I I A8 - Req BIT I, nl in o'.IS• - D 1550 - Rcq B11otnln O.Is- U 1t61 - Rcq DILLimnoos - D 2041 - Rcq BITI—ir ua D 2172 Raq Biwminnus - D 2726 - Req Bm.nm or. - D 29on - Rcq L'.i minri— -Il ihhh - Opt BITUMINOUS L. Ssmpling Bituminous paving Mixtures Rplk $per ific :gravity & DenSi y USinrl C.oited BirnpfeS Resistance to Deformation & Cohesion by Hveem FdcpadatIo II by CA Kneading Conipactol Thr_orc',ical Maximinri Specific Gravity & Dcnsily (Rice) Quantitative Extraction BLIK Bpe�ific Crivay inn Density Dens ty of Bitrwiri Crib in place by Nucicir Methods Minimum '. "ij. rc mMls for An V ,.; I Csl;nrd a 10 ny,Ci I'.or, Pnarl and Hav;nd M.,ICrl A, City Council 21 — 186 7/6/2021 buns://mlc.erdc.(tren.mil/P1int Renort.as-vOLll)-303 2/7/2020 Validation Certificate Page 2 oC2 U1LUIr1ln Gus - D 5444 - Rcq - Mcullanical Sizo Analysts of ExLraC-lctl Aggrcgalo Bi'.n lmuus - D 6307 - Rey - AsphalL Con,.enl of Hol-M'.x Asphal', by Ignition Method Ba,mmoua - D 602G - Req - Preparation Of BltpminOps Spec'. mans osinc Marsnell CONCRETE Gunnell - C 31 - Roy - M:iklnll and Cuiing Tes'. Syecl wens in Lnc FICId Concrctc C 39 Rcq Compressive Strength of Cyllndncal Specimens Concrete - C 42 - Opt - Drilled Cores and Sawed Beams Concrete- C 78- Opt- Flexural Strength by Third Point '_oading ConereTe - C 1 iA - Ray - Unit Weignf and Air Content Oy GravimeII w Concrete - C 14s - fdeq - Slump Goodell - C 157 - Opt - Length C11a1)ge oI Concrctc and MorLars Concrete - C 172 - Req - Sampling Concreia - C 173 - Rail - Air Content by Volumetric —requtred if C221 not performed"' Conrreta - C 102 - Opt - Making a in Ctirinq Tast Specimens '.n Laboratory Concrete - C 231 - Key - All Content ny ores sure " 1P(lil ran If C:1 r3 not [)Pi fn omen"' Gunnelp - C 511 - Opt - Muiv,., Call.ne,,, MOIFI Roo roc:, Wafer Shv a,le Tank, Concrete C 617 Opt Capping Cyllndncal Specimens Concrctc - C 10134 - Reef - Temperature of Concrete Concrete - C 1077 - Opt - Concrete and Concrete Aggregate Testing Standards (Opallty Standards) COnrreTe - C 1231 - Opt - U ihonden Caps Concrolo - C 1542 - Opt - Measuring Lr:ngtl) of Concn;u� Cons MASONRY Mnsunry - C 140 - Rey - Sampling anti Testing Concrete Masonry and Relateu Uri'. is MasO iry- C 511 - Opt- Mixing Rooms. Moist Canine.ts, Cure Tanks Masonry- C /nn - Keq - Fvaluallon (it Mn(lar� for I'law an(I Keintorcerl unit Masonry MlSunrv- G 1019- Rcq- S3nipllnp and Ttsllllg GrULIT Mpsunly - C 1093 - Opl- Mosulny TcsLIIIV SLanJalJ (Quality SLulJalds) Masonry C 1314 Opt Compressive Sirengtn of Masonry Prisms Masonry - C 1552 - Opt - Capping Concrete Masonry Units and Related for Compression Test rig SOILS Soils - D 421 - Keq - Dry `r0parall0n for Harlldo S,(, UlsblbuLiOn 6 Soil COnsLdmL Suils - D 422 - Rey - Particle Size Analysis Soils - D 558 - Req - Moisture -Density of Soil -Cement Soils - D 69A - Raq - Compaction Characteristics by Standard Effort Soils - D 1140 - Req - Material Finer man 75 in (No. 200) Sieve Sully - 1) 1bb,b - Keq - Upig. ty K Unit Weirfnt by tiand (,(nit SVIIS - D 1557- Rcq - Cunipacllun ChWlLtcrl;tici, by Mudlllcd Errwt Soils D 2166 Reef Unconfined CornpicsSivc Shcnglh Soils - D 221G - Reef - Water Content Soils - D 2434 - Opt - Perme30'.I ity of Granular Salle (Constant Head Method) (Withdrawn 2015) Soils - D 2487 - Req - Classification of So Is Snlls - r) J4AA- Rcq - f)esrrlptlnn R Irlenti If caTlnn of Snlls (Vls unl-Manual Prnrnd.ii Suits - L) 21.t44 - Opt - KLIIS.Sli Lll K-1%alal ano Expansion PrcSSr. u: ul Conlpatdul Sail, Soils - D 2974 - Rey - Moisture. Asti. & Organic Matter of Peat 5 Other Organic Sot IS Soils - D 3080 - Raq - Direct Shear Test in Consol'. dated Dra'.. ned Condition.=, Soils - D 374n - Opt - So'.I and Rock Testinq Sta inarns (Quality Standard) Snit. - D 4::1A - Req - I IrlII ri .4 PI.q o tic I Iri Im 3 f9a st ri ty In(I e.x ` I,II3 - D 4716 - Opt - Currculun uT IJlllt Wdgl)t antl Water (untcnt Tur `.:ull3 Guntalnln9 Ovcrilzc PartlNc3 Soil, - D 4829 - Opt - Expansion I IidGX of Soih Soils D C913 Reef Particle Size Dlstribction of Soils Us'. rig Sieve Analysis Soils - D 6033 - Req - Dens'. ty and Water Conte it by Shallow Depth Nuclear Method SPRAYED FIRE RESISTIVE Sprayed Fire Resishve - E 329 - Opt- Standard Speciliuohun Ior Agencic, Engaged In Con Shmaion Inspechun, Test l rig. ur Special Sprayed Fire Resistive- E 605- Opt- Thickness and Density of Sprayed Fire Resistive Material (SFRM) Applied to Structural Members Sprayed Fire Resistive- E 73G- Opt- Cohesion Adhesion of Sprayen Fire Resistive Materials Applied in Stf'.iCtUral Members City Council 21 — 187 7/6/2021 buns://mtc.erdadren.mil/P1int VtmorLasnx'?I,II)-303 2/7/2020 State of Callfornla-Health and Human Services Agency California Department of Public Health Page 1 of 4 pages RADIOACTIVE MATERIAL LICENSE Pursuant to the California Coda of Regulations, Division 1, Title 17, Chapter S, Subchapter 4, Group Z Licensing of Radioactive Material, and in reliance on statements and representation$ hamtotere made by the licensee, a license Is hamby issued aufhod2ing the licensee to receive, use, possess, transfer, or dispose of radioactive material listed below; and to use such radioactive material for the purpmets) and at the place(s) designated below. This license is sublact to all applicable rules, regulations, and ordors of the California Department of Public Health now or hereafter In affect and to any standard or specific condition specified in this license. 2. addrosr 620 S. Magnolia Avenue, Bldg. G Ontario, CA 91762 Attention. Jeffery Diaz Radiation Safetv Officer License Number 6852-19 is hereby amended as follows: a. I-icense rvumoec G852-19 amendment Number 17 .lanuary 2, 2023 (5) 5. Inspeanon agency HadiOlogic Health South 6. Nuclide 7. Form 8. Possession Limit A. Cesium -137/ A. Sealed sources (CPN #131) A. 29 source pairs not to exceed 370.0 MBq (10 mCi) Americium-241:Be of Cesium- 137 and 1.9 GBq (50 mCi) of Americium-241 eauh. B. Cesium-137/ B. Sealed sources (Troxler Dwg. B. 12 source pairs not to exceed 333.0 MBq (9 mCi) of Americium-241:Be No. A-102112 and Ad 02451) Cesium-137 and 1.6 GBq (44 mQ of Americium- 241 each. C. Cesium-137 C. Sealed sources (Troxler Dwg. C. 2 sources not to exceed 333.0 MBq (9 mCi) each. No. A-102112) D. Cesium-137/ D. Sealed sources (HSI Dwgs D. 2 source pairs not ut exceed 407.0 MBq (1 I mCi) of Americium241:Be 2200064 and 2200067) Cesium-137 and 1.6 GBq (44 m0) ofAmericium- 241 each. F. Cesium-1371 F. Sealed sources (Troxler Dwg. F. I source not to exceed 370.0 MRq (10 mG) of Americium-241:13e No. A-100281) Cesium-137 and 1.9 GBq (50 mCi) ofAmericium- 241. 9. Authorized Use A. "ro be used as components of gauges, CPN Corporation Models A, BR, MC, or 500 series, for determination of moistureMensity in engineering materials. B. To be used as components of gauges, Troxler Model 3400 series, for determination of moisture/density in engineering materials. C. To be used as components of gauges, Troxler Model 4640 series, for determination of surface density in engineering materials- D. To be used as components of gauges, Humboldt Scientific, Inc. Model 5000 Series, for determination of muisturcldensity in engineering materials. F. To be used as components of gauges, Troxler Model 2401 for determination of moisture/density in engineering materials (for storage only). S ubsp; C;ily Council Banhsp;21 lndash; lnbsp;INB 7/b/2021 @nhsp; State of California -Health and Human Services Agency California Department of Public Health Page 2 of 4 pages RADIOACTIVE MATERIAL LICENSE uoenseNumuer 6852.19 Amencment Number 17 LICENSE CONDITIONS 10. Radioactive materials may be used at temporary job sites of the licensee in areas not under exclusive federal jurisdiction throughout the State of Califomia (sec Condition 23). Radioactive materials may be permanently stored only at: (a) 620 S. Magnolia Avenue, Bldg. G, Ontario, CA. (b) 2 Ada, Suite 150, Irvine, CA. (c) 20411 South Susana Road, Suite E, Long Beach, CA. 11. This license is subject to an annual fee for sources of radioactive material authorized to be possessed at any one time as specified in Items 6, 7, 8 and 9 of this license. The annual fee for this license is required by and computed in accordance with Title 17, California Code of Regulations, Sections 30230-30232 and is also subject to an annual cost -of -living adjustment pursuant to Section 100425 of the California Health and Safety Code. 12. Radioactive material may be used only by, or under the supervision and in the physical presence of, individuals who: (a) Have satisfactorily completed a course, accepted by the Department as adequate, in safe use of soil/asphalt content gauges containing radioactive material and also; (b) Have been provided with a statement, signed by the Radiation Safety Officer, which designates that individual as an authorized user qualified to use radioactive material under this license. Copies of these document% shall be maintained for inspection by the Deportment. 13. Except as specifically provided otherwise by this license, the licensee shall possess and use radioactive material described in Items 6, 7, 8 and 9 of this license in accordance with the statements, representations, and procedures contained in the documents listed below. The Department's regulations shall govern unless the statements, representations, and procedures in Lite licensee's application and correspondence are more restrictive than the regulations. (a) The renewal application with attachments dated November 13, 2007, signed by Julie Star, Corporate Radiation Safety Officer, as modified by the letter with attachments, dated July 9, 2009, signed by Julie Ster, Corporate Radiation Safety Officer, the email with attachments received from Julie Star, Corporate Radiation Safety Offieer, on March 15, 2011, and the letter with attachments, dated January 18, 2013, signed by David Robinson, Radiation Safety Officer. (b) The e-mails, both with attaebtttents, received on duly 23, 2015 and June 8, 2016, both from Julie Ster, Corporate Radiation Safety Officer, and the letters, both with attachments, dated March 6, 2016 and March 24, 21116, both signed by Julie Ster, Corporate Radiation Safety Officer, in regards to adding 20411 South Susana Road, Suite F., Long Beach, CA, as a permanent storage location, releasing 620 West 16" Street, Unit F, Long Beach, CA, for unrestricted use, Duties and Responsibilities Had Delegation of Authority for the Radiation Safety Officer, updated Emergency Contact List, and updated Organizational Chart. 14. (a) The Radiation Safety Officer in this program shall be Jeffery Diaz. (b) The Alternate Radiation Safety Officer in this program for Long Beach shall he Roger Khoudessian. (c) The Alternate Radiation Safety Officer in this program for Irvine shall be Forld Ghahcri. 15. Sealed sources contained in CPN, Troxler and Humboldt Scientific soil/asphalt gauges shall be tested for leakage and/or contamination at intervals not to exceed twelve (12) months. S'4ubsp; C;ily Council Banbsp;21 lndash; lnbsp;IN9 7/6/2021 @nhsp; State of Callforme-Hcelth and Human services Agency California Department of Public Health Page 3 of 4 pages RADIOACTIVE MATERIAL LICENSE umnse Number 6852-19 Amendment Number. 17 16. The following individuals are authorized to collect wipe test samples of sealed sources possessed under this license using leak test kits acceptable to the California Department of Public Health: (a) The Radiation Safety Officer (b) Qualified individuals designated in writing by the Radiation Safety Officer 17, Quantitative nnalytical assays for the purpose of tests for leakage and/or contamination of sealed sources shall be perfumed only by persons specifically authorized to perform that service. 18. Records of leak test results shall be kept in units of becquerls (micruouries) and maintained for inspection. Records may be disposed of following Department inspection. Any leak test revealing the presence of 185 Bq (0.005 µCi) or more of removable radioactive material shall be reported to the California Department of Public health, Radiologic Health Branch, MS 7610, P.O. Box 997414, Sacramento, CA 95999-7111, within five days of the test. This report shall include a description of the defective source or device, the results of the test, and the corrective action taken. 19. Maintenance and repair of soillasphalt content gauges shall be performed only by persons specifically authorized to perform those services. - 20. At any time the licensee is engaged in making measurements by authority of this license at either a permanent or temporary job site, the licensee shall have a current copy of each of the following documents available for inspection at the job site: (a) A statement authorizing each qualified individual to use radioactive material (See Condition 12). (b) This license. (c) The manufacturer's instruction manual with appropriate erucrgeney procedures. 21. 1'he licensee shall comply with all requirements of Title 17, California Code of Regulations, Section 30373 when transporting or delivering radioactive materials to a carrier for shipment. These requirements include; packaging, marking, labeling, loading, storage, placarding, monitoring, and accident reporting. Shipping papers shall be maintained for inspection pursuant to the U.S. Department of Transportation requirements (1 itle 49, Code of Federal Regulations, Part 172, Sections 172.200 through 172.204). 22. The licensee shall conduct a physical inventory every six months to account for all sealed sources and/or devices received and possessed under the license. Records of the inventories shall be maintained for inspection, and may be disposed of following Department inspection. 23. Before radioactive materials may be used at a temporaryjob site at any federal facility, the jurisdictional status of the job site oust be determined. If the jurisdictional status is unknown, the federal agency should be contacted to determine if the job site is under exclusive federal jurisdiction. A response shall he obtained in writing or a record made of the name and title of the person at the federal agency who provided the determination and the date that it was provided. Authorization for use of radioactive materials at the job sites under exclusive federal jurisdiction shall be obtained either by: (a) Filing an NRC Form-241 in accordance with the Code of Federal Regulations, Title 10, Part 150.20 (b), "Recognition of Agreement State Licenses", or (b) By applying for a specific NRC license. Before radioactive material can be used at a tempornryjob site in another State, authorization shall be obtained from the State if it is an Agreement State, or from the NRC for any non -Agreement State, either by tiling for reciprocity or applying for a specific license. S ubsp; C;ily Council Banbsp;21 lndash;lnbsp;l90 7/6/2021 '@nhsp; State of Callfomla-Health and Human services Agency California Department of Public Health Page 3 of 4 pages RADIOACTIVE MATERIAL LICENSE License Number 6852-19 Amenament Number: 17 16. The following individuals are authorized to collect wipe test samples of sealed sources possessed under this license using leak test kits acceptable to the California Department of Public Health: (a) The Radiation Safety Officer (b) Qualified individuals designated in writing by the Radiation Safety Officer 17. Quantitative analytical assays for tfte purpose of tests for leakage and/or contamination of sealed sources shall be performed only by persons specifically authorized to perform that service. 18. Records of leak test results shall be kept in units of bexquerels (microcuries) and maintained for inspection. Records may be disposed of following Department inspection. Any leak test revealing the presence of 185 Bq (0.005 µei) or more of removable radioactive material shall be reported to the California Department of Public Health, Radiologic Health Branch, MS 7610, P.O. Box 997414, Sacramento, CA 95899-7414, within five days of the test. This report shall include a description of the defective source or device, the results of the test, and the corrective action taken. 19. Maintenance and repair of soil/asphalt content gauges shall be performed only by persons specifically authorized to perform those services. 20. At any time the licensee is engaged in making measurements by authority of this license at either a permanent or temporary job site, the licensee shall have a current copy of each of the following documents available for inspection at dtejob site: (a) A statement authorizing each qualified individual to use radioactive material (See Condition 12)_ (b) This license. (c) The manufacturer's instruction manual with appropriate emergency procedures. 21. 'lire licensee shall comply with all requirements of Title 17, California Code of Regulations, Section 30373 when transporting or delivering radioactive materials to a carrier for shipment. These requirements include, packaging, marking, labeling, loading, storage, placarding, monitoring, and accident reporting. Shipping papers shall be maintained for inspection pursuant to the U.S. Department of Transportation requirements (Title 49, Code of Federal Regulations, Pan 172, Sections 172.200 through 172204). 22. The licensee shall conduct a physical inventory every six months to account for all sealed sources and/or devices received and possessed under the license. Records of the inventories shall be maintained for inspection, and may be disposed of following Department inspection. 23. Before radioactive materials may he used at a temporary job site at any federal facility, thejurisdictional status of the job site must be determined. ff the jurisdictional status is unknown, the federal agency should be contacted to determine if the job site is under exclusive federal jurisdiction. A response shall be obtained in writing or a record made of the name and title of the person at the federal agency who provided the determination and the date that it was provided. Authorization for use of radioactive materials at the job sites under exclusive federal jurisdiction shall he obtained either by. (a) Filing an NRC Form-241 in accordance with the Code of Federal Regulations, Title 10. Part 150.20 (b), "Recognition of Agreement State Licenses", or (b) By applying for it specific NRC license. Before radioactive material can be used at a temporary job site in another State, authorization shall be obtained from the State if it is an Agreement State, or from the NRC for any run -Agreement State, either by filing for reciprocity or applying for a specific license. S ubsp; C;ily Council Banhsp? 1 lndash; lnbsp;191 7/6/2021 '@n175p; State of Callfornladfaalth and Human Services Agency California Department of Public Health Page 4 of 4 pages RADIOACTIVE MATERIAL LICENSE Licenae Number 6852-1Q Amendment Number. 17 24. The Radiation Safety Officer shall establish measures for the security of devices possessed and transported under authority of this license. The Radiation Safety Officer shall ensure security measures required by this license meet the following minimum standards: (a) Transport vehicles must be equipped to provide security of the transport case. The method selected must provide for a fixed and permanent attachment to vehicle frame. When secondary containers are used for the Type A package they shall be attached to the vehicle with the use of tamper resistant fasteners to the frame of the transport vehicle. (b) A minimum of two locks shall be placed between radioactive sources and the public when the device is being transported, in addition to the locks securing the Type A package to the vehicle. (c) Transport vehicles must be equipped with a security device (such ms an alarm system) capable of deterring unauthorized entry, access and use of the vehicle. (d) Local law enforcement shall be notified immediately in the event of loss or theft. 25. At least 30 days prior to vacating any address of use listed in Condition 10 of this license, the licensee shall provide written notification of intent to vacate to the California Department of Public Health, in accordance with Title 17, California Code of Regulations, Section 30256 (b). Control of all licensed areas must be maintained until such areas are released by the Department for unrestricted use or the license is terminated, in accordance with Title 17, California Code of Regulations, Section 30256 & 26. The licensee will provide the Low level Radioactive Waste (LLRW) reports specified in the California Health and Safety Code section 115000.1(h) to the California Department of Public Health (CDPH) on an annual basis for both shipped and stored l.l.RW. Alternatively, LLRW shipment information may be provided on a per shipment basis. LLRW shipment information and annual reports shall he mailed to: Attn: LLRW Tracking Program California Department of Public Health Radiologic Health Branch MS 7610 P.O. Box 997414 Sacramento, CA 95899-7414 27. A copy of this license and a copy of all records and documents pertaining to this license shall be maintained available for inspection at 620 S. Magnolia Avenue, Bldg. G, Ontario, CA. Issued fort a State of alifornia Department of Public Health Date: Alriust 8, 2016 By: rdiologic He t ranch S 7810. P.O. Box 997414 Sacramento, CA 95899-7414 S ubsp; Cily Council 3cnbsp;21 lndash; 192 7/6/2021 @nhsp; iAD TL-0113: CALTRANS ACCREDI7A710N LABORATORY INSPECTION REPORT s A' DEPARTMENT OF CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT Expiration Date: 2020-11-21 Inspected By: Ashley Shaw IA No.: 68 Phone: 949-27940731 RSP #: 206 File: Material Category 500 Laboratory: Kleinfelder, Inc. Address: 20411 South Susana Road Unit E Long Beach CA, 90810 Lab QC Mgr.: Mike Dorsch E-mail! mdorsch@kleinfelder.com Telephone: 909-657-1716 Fax #.: 562-432-1796 A certified Independent Assurance (IA) visited this laboratory on 2019.11.21 Only the equipment to be used on Caltrans Construction projects anti/or local construction projects on the National Highway System was checked for qualification. At the time of Caltrans Accreditation, this laboratory had all necessary equipment to perform the lest methods indicated below. Testing personnel shall be Caltrans Qualified and possess a current Caltrans Certification Form TL-0111 or AASHTO Proficiency Form TL-0115 prior to performing any sampling or testing. CT 105 CT 106 CT 125 ADMIX CT 125 AGG CT 125 BIT C7 125 GEN CT 125 HMA CT 125 FCC CT 201 CT 202 CT 205 CT 206 CT 216 CT 217 CT 226 CT 227 CT 229 CT 231 CT 301 CT 304 CT 308 CT 309 CT 366 CT 370 CT 375 CT 382 Cf 504 CT 518 CT 521 CT 523 07624 CT 533 CT 539 CT 540 CT 552 CT 556 CT 557 A visual check was performed and documents provided as necessary for the following items: ✓ Facility Safety Manual ✓ Copies of current applicable test procedures ...................... ✓ Laboratory Procedures Manual ✓ Calibration and service documentation ✓ Laboratory Quality Control Manual ✓ Calibration sticker allied to test equipment ✓ Proper test equipment (dated within the 12 months) On 2019-11-21 , this laboratory was Caltrans Qualified by Ashley R. Shaw (Printed name of IA person) (Signature o A person) Please verify lab accreditation by visiting SIAD website: https:llsia.dot.ca.gov/ Page 1/1 S ubsp; C;ily Council 21 lndash; I93 7/b/2021 @nhsP, LL Z 0 d W � irr w Q L d U WWW� L W W Ll Dn W a L LJ V W O J v- C f/J N N cV a m 'v d U U Q 6L LL Z Q � N ® f/�7 O N to cn s @ J� N ,wrl � C t0 z � li CD c c' rU n a o u Cl) a o @ W iu< d n n U N C V) G co p ul G G F- Q CY N n LL (B U rn rn a rns a �� ® ^ W m o s F. F. U o F E J c c � ,^1 Y i LOUm 2 ..... N o N h1 rn N r 'a rno� arc M �n QQ cn a T N O N m U c 0 O U T Is' •N• I.I. LL Z r ,ww Iw U U Q p�ry� co YJ � Q _ L U _ U W EL CO N M U C O J N Y .� W x r m ao m m rn sr m �: rn rn rn (rn_�� CJ 0 0 G G o 0 0 l 8 0 0 d "CS N V U U Q rn rn rn: rn rn � rn E O. ) t0 m '�:.i n '.❑ t -2 U c U c m L Q n N m j' N a m a CM : tu co N @ 7 w. � C N: W Q rn TtoC C-D Q D rn C F ttl X N cx @ E .G E r .�_. di m x:= N g z m a m a c a c� U 0 a @ : @� i° o b E `o 3 ai a o c£7 $ E C7 C7 4c m U) o m � e'--' c in E; a m rn a. E E_ u) E R '(n > Y 21 E v> a 2 : m co ;a a m'❑ mm 6 w to = r` m in CD I � M CO eo n to —r cMb (N N" crnn N . c°Ji M rn— N" tl' 0 N N o a m T N O N m Q O U d U c 0 0 U Is' N V C? Q pey/a 6Iw LL Z 12 �Wy G C ❑ Q ' Ct o 3 c E E E E r o E E u. Q /®ry N c N L C m m m ro Il D c Z U) E E N E E : (�' E E > E E e . c UJ m 5 u � b I C Q 1✓ N s An N n 6 r N a to O 'O: IV o o. q W F O C O W m U) fn N 0 4 N O.' 6 N .O r, c O O CO O � r0 C u N J d c= m c in J 0 U) CO ^_ U)) (V T N O N m U c 0 0 U 41 Is' �' T W �• 0 W a� a- a1 m m N n n n rn m Pn r- npp-': rn rn m N m ca N � f- O G m N N Q N Q (li : y p d N C cn [Ac O> O NN ZO U O@ m N V m' 5 E r m, Es D O n ti M N r P- O N H N cFo 1- F U U U n U n N Gl ' Ca T N O N m A O N Is' }\ 7 ) 3 %f )® �\\ ) LL 2 \{ O ❑ : \ W � ' \ LL W \® ® (1) \ � \{ Cl) } L ± _ i\ § z2 } { }} 3 \ \ OF {\ } �^ \a LU 2 E2 mw 4L) `»\ )/ 4U 011::l1C11 OII• SFAIfII::VPBPIIIIrII. IIlII:AILIfIIII Ifa1I....AININIING ANII.II..)II'VII.II )II"IMII INtt '�/rthl�p��y�rs •AG;:, __11 11)11::::Vll::::IlS„B aW_::.hrN"If .kVn'�a IIOIN APPLICATION FOR OSHPD PREAPPROVED AGENCY (OPAA) FOR STRUCTURAL TESTS AND SPECIAL INSPECTIONS For Office Use Only OPAA — 0042-1 ti Approved Agency City County State ZIP Code Kleinfelderr. Inc. San Diego San Diego CA 92111 APPLICATION TYPE / FEE Application Type New Application Fee Fees are Nonrefundable Renewal Fee Fees are Nonrefundable © Combined Testing AND Special Inspection Agency '- $1.000.00 ® $500.00 ❑ Testing Agency ONLY ❑ $500.00 ❑ $250.00 ❑ Special Inspection Agency ONLY ❑ S500.00 ❑ $250.00 APPLICANT INFORMATION A1,16 nl Naiue . Vu11n5I SkIny Pusiliuu in IM1e Omani; aline P,,-.l M.,-,:r Acienny9 Loral NAmE I(leinfelder, Inc. Appl ICATor DAta 0111118 Phalle NUIrDer 852-223-85DD E-Mail Istiady@kleinfeldei ccln Applicant certifies that all information provided in this application are accurate. Applicant signature �511a HnflrP.i3 nl 13Clliry LA"Lin0 (L. tlM 191r.dry LiC91)n0 /Pr1ui,Pf. f.P/)3,91P 31)1)G!.31iJrif st'set 57111 CnplPy Drive, Suite 100 Clly s,, n rln C-n1y s-, n Sln- Cn Z, Cud,: �191 11 Fatuity MAIIIng Address pf piBarent from fa%Irdy addR,SS above-) Same as ahove SVPP- City: State: Zip Cade: KEY AGENCY PERSONNEL(Attach additional pages ifneeded.) Enginaenng Manager (of aQlrNalaOt) - Nanle James L Stiady CA N1 qG V91i0n N-11nEr CGG243 GE2620 Lxp'. r3linn ❑aIP OG/3012020 Tipe In pie prgpnbaTion Pw,t Mnnmcr II Phone Number 58-=23-8500 FAX Number n50-223-0499 F-MAII ]sfiady@klai nfelder cam Altarnate to Engineering Manager (dany)- Narna Chad Da,a (,A Raglstration N,nner C59908 Fxi) ration Dare 12/31/2019 1 i,...lr in 1nr O«)an'.ia.inn CnMET TI:-,. Leader Phone Ncmber H5h-22:t-85110 Altarndte Phone Number F-it,n I cmdavu@kleinfelder cam 'nnl__. .0 safic_ 1 STArE OF CALIFt W2--Yfr:AL OSH-Ft]-OF'PJn;l9n (q3/Ol!?nl d) d!3C?OI4 AND HUMAN SERVICES AGENCY rat^AA-004 )-1(; tqi�i of 19 011::l1C11 OII• SIfAIfII::VP 1111rll. IIlII:AILF1111111II....AIMII4IIING ANII.II..)II'VII.II )II"IMII 14I /drhl�i r`s II RAG;:,IIII__Illfllll_'.!,,:a II )II'VII'llSjIlallwll_ IhN"If IlkllVn'aIIOIM KEY TESTING PERSONNEL (Attach additional pages if needed.) Testing Scpmtsor— Nam, GA krgictmtor Nunaier fit soy) txpiramm Uatl� Lee 8a'.n ar NIA NIA I ale T me 010.m.-11'. no Prone Number L:lnnrAlnfy MAn:lt)r:r 858-223-8500 Alternate Prone Number E-Mail Ine'.narL nlainfalner. corn Fie IJ Tlsli nrl ar...... .znr— Nair.. CA hcr (i! soy) Cxpir:ninf. Dan NmkI Merrluln N1, NIA Title In tric Oulo ,jfon Pbpne Nunhe, Matn'lls Operations Supervisor 50-223-0500 All, mete Prom; Nrmh,l E-mall nma ngokt (¢)kle'. rfelc er. com KEY SPECIAL INSPECTIONS PERSONNEL (Attach additional pages if needed.) Spacial Inspections Supervisor— Name CA Registrstlor Numhe.r (if any) Expirmior Date Rabat Turchlck NIA r 01062021 1 ale it um Orq.jn. ipnn Prom Npmbcr simou, snr:r::.:J ln 858-736-642 Alternate Proms Number E-Mail im rcn'. ck @kla'. rfelaer. coin I lcln 3peclal Inspccrnri Sopervl5or— Nam[ CA teglstreenr Npnax:r (Ocny) '_zpirminr Uatc Rnln•rl T,vr'IJrk N!A i wniiafu i I itlr=ul tnc 01Y1a1117Anun 77h17, Nroih�r Sr., J Inspcc,of 58-736-6423 Alt, fna L. Pnum; Nrlrh,r E-,,,., I rk. m, l ek(,@kle'. n feluer. cam 'Arl. .0 s:do_ STATE OF CALIFMM)!=XI'EAL OSH-Ft]-OF'PJr;l9n (q3/Ol!?nl8) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-604 '-1!; 0Il•II1C11 OII• SIfAIfII::VPBPIIIIrII. 11lll:AILIfIIII Ifa1I....AINIIWIIING ANII.II..)II'VII.II )II"IMII INtt /dhi�� r`s II RAG;:,IIII__Illfllll_'.!,,:a II )II'Vll'llSBIIaIIEdfll_ IhN"If I1k11Vn1al101M ACCREDITATION AND QUALIFICATIONS Agency currently holds accreditation by (Attach a copy of current accreditation details.) x AASHTO Accreditation Program (AAP) nI International Accreditation Service (IAS) Laboratory Accreditation Program (LAB) ❑ ANSI-ASO National Accreditation Board Latest Expiration Date (if any) 09/25/2022 National Voluntary Laboratory Accreditation Program (NVLAP) American Assoclatlon of Laboratories Program (A2LA) ❑ Construction Materials Engineering Council (CMEC) - Other Is this Agency accepted in the Division of the State Architect Laboratory Evaluation and Acceptance Program, DSA-LEA? ❑ No ® Yes Expiration Date: 09/25/2022 Basis for accreditation (Check all that apply)! nI ISO/IEC 17025, Ceneral requirements for competence of testing and calibration laboratories nI ISO/I EC 17020: General requirements for the operation of various types of bodies performing inspection NISTIR 7012: Technical requirements for construction materials testing ® AASHTO R18: Standard Recommended Practice for Establishing and Implementing a Quality System for Gonstruction Materials I esting Laboratories • ASTM E 329: Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction • ASTM C 1077, Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation ® ASTM D 3666: Specification for Minimum Requirements for Agencies Testing and Inspecting Bituminous Paving Materials ® ASTM D 3740: Practice for Evaluation of Agencies Engaged in Testing and/or Inspections of Soils and Rock as Used Engineering Design and Construction 0 ASTM C 1093: Practice for Accreditation of Testing Agencies for Unit Masonry ❑ ASTM E 1212: Practice for Quality Management Systems for Nondestructive Testing (NDT) Agencies - ASTM E 543: Specification for Agencies Performing Nondestructive Testing (NDT) ❑ IAS AC 291: Accreditation Criteria for Special Inspection Agency Basis for Test Technician/Special Inspector Qualification (Check all that apply): - Hospital inspector class "A "B", or "C" certification s DSA-LEA approval as test Technician/special inspector Certification listed in IAS AC 291 Table 1: Minimum Qualifications for Special Inspectors Welding inspectors satisfying the requirements of the CBC 2016 Section 1705A.2.5 California licensed engineer qualified to be test technician/spacial inspector STATE OF CALIFbtft&Y?d '1ih AND HUMAN SERVICES AGENCY pSH-Fp-OF'PJ';19n (q3/Ol!?nl �) �1r120i9 OPAA 004,) 1� 011::l1C11 OII• SFAIfII::W1111. 1. 11lll:AILlf1111111II....ANINIING ANII.11..)II'Vll.11 )II"IMII 14I /dhi�� r`s II RAG;:,IIII__Il lfllll_'.!,,:a II)II'VII'llSBIIaIIEdtll_ IhN"T IIkIIVn'aIIOIM APPLICABLE TEST STANDARDS FOR WHICH AGENCY IS APPROVED By checking "yes" in Tables t through 6 below, the applicant verifies that the agency has the equipment and qualified personnel to perform the indicated testing. ONLY mark tests that are listed in accreditation certificate or DSA-LEA. 1 SOILS AND FOUNDATIONS Tests Yes rl Standard a. I ASTM D 421 Test Procedure Dry Prep of Soil Yes n Standard b. ASTM D 422 Test Procedure Particle Size Analysts A c. ASTM D 558 Moisture Density or Soil Cement Mixtures x d. ASTM D 698 Compaction of Soil -Standard Na 200 Wash e. ASTM D 854 Specific Gravity of Soil 7 f. ASTM D 1140 ❑ g. AS I M D 1143 Deep Foundations— Axial Compression ❑ h. AS I M D 1556 Density of Soils — Sand Cone 5� i. ASTM D 1557 ISoil Compaction— Modified F7 j. ASTM D 1883 CBR Lab. Compacted Soils 71 k. ASTM D 2166 Unconfined Compressive Strength/Moisture content n I. ASTM D 2216 Water Content or Soil m. ASTM D'2419 Sand Equivalent Value nI n. ASTM D 2434 PGrrnGability of Granular Soils '.T o. ASTM D 2435 Consolidation Test n P. ASTM D 2487 Classification of Soils q. ASTM D 2488 Identification of Soil Visual r. ASTM D 9844 Resistance R-Value & Fx . Pressure S. ASTM D 2850 Unconsolidated, Undrained Triaxi31 t. ASTM D 2974 Organic Content ® u. ASTM D 3080 Direct Shear ❑ v. ASTM D 3441 Cone Penetration Test CPT w. ASTM D 3689 Deep Foundations— Axial Tension X. ASTM D 3744 Durability Index rl y. ASTM D 3966 Deep Foundations —Lateral Loads x Z. ASTM D 4318 Liquid I Plastic Limit (—I aa. ASTM D 4546 Swell or Collapse Test n bb. ASTM D 4643 Microwave Moisture of Soils ❑ cc. ASTM D 4718 Oversize Rock Correction ❑ dd. ASTM D 4767 Triaxial Compression ® so. ASTM D 4829 Expansion Index n ff. ASTM D 494.5 Deep Foundations— Dynamic, Testing ❑ gg. ASTM D 5D84 Permeability of Soils ❑ hh. ASTM D 5778 Friction Gone and Piezoeone Penetration Test 71 ii. ASTM D 6913 Gradation of Soil Using Sieve Analysis n J. ASTM D 6938 Density of Soils — Nuclear Gage ❑ kk. ASTM D 7012 Triaxial Compressive Strength of Rock Core Specimens ❑ II. mm. nn. Tests that are in the lab's scope but are not listed above should be provided in the space(s) below. Yes Standard Test Procedure Yes Standard Test Procedure a. b. 71 c. n I d. ❑ ❑ f. STATE OF CALIFt7 M)!1--XtCAl OSH-Ft]-OF'PJ';19n (g3101[?nl a) d!3C?OI4 AND HUMAN SERVICES AGENCY r y{ ^AA-604 '-1 r; 4"rtp: 4 of 19 0ll•II1C11 OII• SIfAF11::Wllllrll. 11lll:ALlf1111If1II....ANIIWIIING ANll.II..)II'VII.II )II"IMII 14I '1/rd�hi�p� 7y� rs •.RAG;:, __11 11)11::::Vll::::IlSja w_::. h.N"T .Y vn'�al101M 2 CONCRETE Tests Yes Standard Test Procedure Yes Standard Test Procedure ❑ a. AASHTO M 201 Moisture Rooms ❑ b. ACI 355.2 Posl-Inslalled Mechanical Anchors ❑ c. ACI 355.4 Adhesive. Anchors ❑ d. ACI 374.1 Moment Frames FF e. ACI ITG-5.1 Post -Tensioned Precast Special ells Fl f. ASTM A 416 Steel Strand Tension and Bend g. ASTM A 615 Tension Test ❑ h. ASTM A 706 ❑ i. ASTM A 970 1 leaded Steel Bars - Bend ❑ j. ASTM A 1034 Rebar Mechanical Splices ❑ k. ASTM C 29 Unit Weight I Voids ® I. ASTM C 31 Concrete Sampling - Field M. 2016 CBC §1903A.b(1), ASTM C33 Appendix X1.3 Evaluating Potential for Deleterious Expansion Due to Alkali Reactivity of an Aggregate. ❑ n. ASTM C 39 Compressive Strength ❑ o. ASTM C 40 Organic Impurities Fl p. ASTM C 42 oncrete Core q• ASTM 0 78 Flexural Strength 17 r. ASTM C 88 Sadiurri Sulfate Soundness ® S. ASTM C 117 No. 200 Wash ® t. ASTM C 127 Specific Gravity - Coarse x' U. ASTM C 128 Specific Gravity- Fine I-1 v. ASTM C 131 Degradation of Aggregate d W. ASTM C 136 Sieve Analysis Course I Fine ❑ W. ASTM C 138 Density I Yield I Air Content ❑ Y. ASTM C 142 Clay I Friable Particles ISZ Z. ASTM C 143 41umP aa. ASTM C 157 Length Change ❑ bb. ASTM C 172 Sampling Freshly Mixed Concrete - cc. ASTM C 173 Air Content (V) ❑ dd. ASTM C 174 Measuring Thickness Using Drilled oncrete Cares Fx7 ee. ASTM C 192 Making I Curing Specimens - Lab n ff. ASTM C 231 it Content (P) ❑ gg. ASTM C 295 Petrographic Analysis ❑ hh. ASTM C 495 Lightweight Concrete - ii. ASTM C 496 Splitting Tensile L' jj. ASTM C 511 Moist Cure Rooms/Tanks ❑ kk. ASTM C 535 LA Abrasion ❑ it. ASTM C 566 Moisture Content of Aggregate '- mm. ASTM C 567 Density of Lightweight Aggregate ® nn. ASTM C 617 apping Concrete Specimens ❑ oo. ASTM C 702 Reducing Aggregate Samples IR pp. ASTM C 1064 TemperatUre qq. ASTM C 1140 Shotcrete Compression X rr. ASTM C 1231 Unbonded Caps G SS. ASTM C 1252 Uncompacted Void Content ❑ tt. ASTM C 1260 Nkali Reactivity of Aggregate uu. ASTM C 1293 Length Change due to Alkali -Silica Reaction ❑ vv. ASTM C 1542 Measuring Length of Cores ww. ASTM C 1602 titer LJ XX• ASTM C 1604 5hotcrete Core yy. ASTM D 75 Sampling Aggregate O zZ• ASTM D 1560 Stabilometer Value © aaa. ASTM D 1561 Prep for HMA Test Specimens ® bbb. ASTM D 2041 Maximum Theo. Specific Gravity 7 cce. ASTM D 2419 Sand Equivalont Valuo ® ddd• ASTM D 2726 Specific Gravity of Marshall Sample ❑ eee. ASTM D 2950 In -Situ Density with Nuc. Gauge ❑ fff. ASTM D 3039 1 ensile Strength of FHP STArE OF CAUFMN1A-Yfr:AL pSH-Fp-OF'PJ';19n (g3101[?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-604 '-1!; 0ll•II1Cll OF:: SFAFII::Wllllrll. 11lll:AILlf1111If"II....ANIIWIING ANll..y I1..y11;Vll.11 )II"IMII 14I 'f/rd�hi�pt �y�rs •.RAG;:, __11 11)11::::Vll::::IlSjaw_::.h.N"If .Yvn'�al10IM 2 I CONCRETE (Continued) Tests Yes Standard 7 ggg. AS I M D 3744 n iii. ASTM D 4541 ® kkk. ASTM D 4791 x mri ASTM D 5821 ❑ I 000. I AS I M D 6926 9qq• ASTM D 7522 n sss• ASTM E 1190 uuu. ICC-ES AC 193 - www. ICC-ES AC 305 - yyy ICC-ES AC 398 Test Procedure regale Durability Index of Strength of FRP Elongated Piece, in Aggrer ;ent Crushed Particles I for Marshal test Specimen )ff Strength for FRP Laminate ms Bonded to Concrete tratel r Actuated Fasteners ors in Concrete sive Anchors in Concrete Formed Steel Connectors in rete for Light -Frame Yes Standard M, hhh. A$1 M D 3203 L jjj• ASTM D 5444 ® III. ASTM D 6307 L nnn. ASTM D 6927 LJ I Ppp• ASIM U/565 rrr. ASTM E 488 n ttt. ASTM E 1512 LJ WY• ICC-ES AC 232 ❑ xxx. ICC-ES AC 395 ❑ I z:Z. ICC-ES AC 399 ❑ aaaa• I ICC-ES AC 446 ( I ❑ Headed Cast -In Specialty Inserts in Concrete I` I` Tests that are in the lab's scope but are not listed above should be provided in the spaCe(s) below. Yes Standard Test Procedure Yes Standard L a. STM D 546 Sieve Analysis of Mineral Filler for L b. ASTM D1188 sphalt Paving Mixture n C. STM D486( x e. STM D6931 'ffect of Moisture of Asphalt :oncrete Paving Mixtures ndirect Tensile (IDT) Strength of Asphall Mixtures n d. STM D692b n f. Test Procedure it Air Voids analysis of Extracted Aggregate t Content by Ignition A Stability & Flow, Air Voids lining Tensile Properties of FRP Composites Used for lhening of Civil Structures lh of Anchors Strength of Anchors )r Channels in Concrete ed Shear Stud Reinforcement n-Place Bolts in Concrete for Frame Construction Test Procedure Specific Gravity and Density of pacted Bituminous Mixture USing ad Samples aration and Determination of the live Density of Asphalt Mix imens by Means of the Superpave tory Compactor 1M� STA rE OF CALIFLY4AQ'—FI PMI AND HUMAN SERVICES AGENCY OSH-Fl]-OF'PJ';19n (g3rOl[?nl a) �1r120i9 OPAA 004,) 1S 011F•IFICI DII• SIfAFII::Wllllrll. 11lll:ALlf1111If1II....AININIING ANII.II..)II'VII.II )II"IMII 14I '/�d�hi�pl �y�rs •.RAG;:, __11 11)11::::Vll::::IlS„B aW_::.h.N"If .YVn'�a IIOIM,l 3 MASONRY Tests Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure zS a. ASTM C 39 Core Compressive Strength X b. ASTM C 140 Absorption, Compressive Strength, Unit Weight, Dimensions & Moisture Content ❑ C. ASTM C 426 Linear Drying Shrinkage ® d. ASTM C 780 Mortdr Compressive Strength x e. ASTM C 1019 Grout Sampling and Testing G (Compressive Strength) x' f . ASTM C 1314 Compressive Strength of Masonry prism X g. ASTM G 1552 Capping CMU, Related Units & Masonry Prisms fur Compression Testing n h. ASTM E 384 Micro -indentation Hardness ❑ i. CBC 2105A Mortar Sampling ❑ j. CBC 2105A Core Shear k. ICC-ES AC 01 Anchor in Masonry - I. ICC-ES AC 58 Adhesive Anchors M. ICC-ES AC 106 Screw Anchors in Masonry - n• o. P. ❑ q- ❑ r Tests that are in the lab scope but are not listed above should he provided In the space(s) below. Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure a. b. C. d. n e. n f. STArE OF CALIFMM)!-Yfr:AL OSH-Ft]-OF'PJ';19n (g3101[?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY r y{ ^AA-604 '-1 r; 4I�gic l of 19 0ll'll1C11 0II• FAFII::Wllllrll. 11lll:AILlf1111If1II....ANIIWIIING AN11.II..)II'VII.II )II"IIMII 14I ' /rd�hi�pt �y� rs •.RAG;:, __11 if _'.!,,:a .) 'V' Sja W.1. h.N"If .Y vn'�al101M 4 STEEL Tests Yes Standard/Code Reference Test Procedure Yes StandardlCode Reference Test Procedure a. AISC 341 Section K2 Beam to Column Moment & EBF Connections Cyclic Tests — b. AISC 341 Section K3 BRBF Cyclic Tests c. ASTM A 90 Weight of Coating ® d. ASTM A 370 Tension & Bend Test ❑ e. ASTM A 970 Headed Steel Bars Bend Test ❑ f. ASTM A 1061 Uncoated Seven -Wire Tension 9. ASTM A 1064 Steel Wire Tension & Bend Test - h. ASTM E 10 Brinell Hardness d 1. ASTM E 18 Rockwell Hardness n j. ASTM E 23 Charpy V - Notch IF7 k. ASTM E 94 Radiographic n I. ASTM E 164 Ultrasonic M. ASTM E 165 Liquid Penetrant n. ASTM E 190 Guided Bend Z o. AS I M In 290 Bend I est I 1 P. ASTM E 605 Density of SFRM ❑ q. ASTM E 1444 Magnetic Particle Fxj r. ASTM F 606 Bolt Tension Test ❑ s. CBC 2203A Material Identification ❑ t. ICC-ES AC 318 Tapping Screw Fasteners n u' ICC-ES AC 322 Cold -formed Steel Vertical semhlies n V. Tests that are in the tab's scope but are not listed above should be provided in the space(s) below Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure ® a. ASTM 1736 Cohesion/Adhesion of Sprayed Fire -Resistive Materials Applied to Structural Members ❑ b. c_ d. e. f. 5 Wood and Roof Assemblies Tests Yes Standard Test Procedure Yes Standard Test Procedure 1 a. ASTM C 67 Brick and Structural Clay Roof Tiles n b. ASTM D 1761 Fasteners in Wood 1 G. ASTM D 2395 Density/Sp. Gr. Of Wood n d. ASTM D'3617 Analysis of Built -Up Roof Systems J e. ASTM D 4442 Moisture Content of Wood J f. ASTM D 7147 Joist Hangers J 9• ASTM E 72 Panel Testing J h. ASTM E 2126 Cyclic: Testing of Panel for Shear 1 1. ICC-ES AC 130 Wood Shear Panels I j. ICC-ES AC 155 Hold -Down for Woods ❑ k. ICC-ES AC 233 Alternate Dowel -Type Threaded Fasteners ❑ I. ICC-ES AC 283 Plate Connector for Wood Trusses ❑ M. ❑ n. Tests that are in the lab's scope bot are not fisted above should be piuv1ded in the s are s below F-I a. n I b. STArE OF CALIFt MAN --Yfr:AL OSH-Ft]-Or'PJ';19n (g3101[?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-004' 1r; 0ll•II1C11 OII• FAIfII::VPBWllllrll. 11lll:AILlf11 11 111II....ANIIWIIING ANII.II..)II'VII.II )II"IMII 14I '1/�d�hi�pf �y�rs •.RAG;:, __11 11)11::::Vll::::IlSjaW_::.h.N"If .kVn'�a IIOIM c. n d. 6 COMPONENT, ASSEMBLY, PROTOTYPE & MISCELLANEOUS TESTING Tests Yes Standard/Code Reference Test Procedure Yes Standard/Code Reference Test Procedure a. AAMA 501A Static I est for Curtain Wall and Storefront Systems b. AAMA 501.6 dynamic I est for Curtain Wall and Storefront Systems c. ICGES AC 156 Shake Table Test F7 d. FM 1950 Seismic Sway Brace Testing ❑ e. ❑ f. IF7 g. IF7 h. I, I I j. Tests that ate in the lab's sco a but ate not listed above should be orovided in the s aces below a. b. ❑ c. ❑ d. ❑ e. ❑ f. _, .,.�fr. - STArE OF CALIFMM)!-Yfr:AL OSH-Ft]-OF'PJ';19n (p3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-604 '-1!; fill II null III FAIfII::VPBPIIIl111. 11lll:AILIfII II 111II....ANINIING ANII.II..)II:Vll.11 )II"IMII IMII '7''/rd�hi�p� �y� rs •.AG;:, __11 11)11::::Vll::::Il5,0 a EA .1. h.N"T .Y Vn'�al101M 7 TEST TECHNICIANS Provide Following Information for Each Test Technician Employed by the Agency (Attach additional sheets if needed 'To update expiration date a renewal application for CPAA and proof of renewal for certification/license shall he required Test Technician's Certification/ Certification/ Certification/ Name License Type Licensing Agency License Number Expiration Date" Comments Robert Frazer Concrete Field Testing ACI 1370226 06/18/2021 FT Tech — Grade I FT Carl De La Torre Concrete Field Testing ACI 1395396 04/29/2022 Tech — Grade I Felipe Cisneros Concrete Field Tcsting ACI 24939 03/14/2020 FT Tech — Grade I Nuclear Gauge CPN International, Inc. 39339 NIA FT Geoff Swink Concrete Field Testing ACI 103546 09/29/2023 FT Tech — Grade I Nuclear Gauge 6oartLongyearCo. 28883 NIA FT Jesse Gastelum Concrete Field Testing ACI 986950 09/29/2023 FT Tech — Grade I Jonathan Taylor Concrete Field Testing ACI 1302268 09/20/2019 FT Tech — Grade I Neil Carey Concrete Field Testing ACI 57544 09/29/2023 FT TeCh — Grade I Robert Turchick Concrete Field Testing Tech — Grade I ACI 25680 02/10/2023 FT James Reeves Concrete Field Testing ACI 1370228 08/13/2021 FT Tech — Grade I FT Randall Lewis Concrete Field Testing ACI 00088722 12/12/2020 Tech — Grade I Tesl Techn/dans with ex tied license shall not be PetnWtPd to perform Tests. STArE OF CALIFMM)!-Yfr:AL OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� 4rr( I: 10 afy9 fill II nCll III FAFII::Wllllrll. 11lll:AILlf11 ll If"II....ANINIING ANII.II..)II:Vll.11 )II"IMII IMII 'i/�d�hi�p� �y� rs •.RAG;:, __11 11)11::::Vll::::IlSa EA _i h.N"If .Y Vn'�al101M 7 TEST TECHNICIANS (Continued) Provide Following Information for Each Test Technician Employed by the Agency (Attach additional sheets if needed 'To update expiration date a renewal application for OPAA and proof of renewal for certification/license shall he required Test Technician's Name Certification/ License Type Certification/ Licensing Agency Certification/ License Number Expiration Date" Comments Test Terhnictan.s with expired fwense spat/ not he Permitted to perform Tests. STArE OF CALIFMM)!-Yfr:AL OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� I:-ry: I I afy9 0ll•II1C11 OII• SFAFII::Wllllrll. 11lll:AILlf1111111II....a<AIM114IIING ANII.II..)II'Vll.11 )II"IMII IMII '7r/rd�hi�p��y�rs •.RAG;:, __11 if _'.!,,:a11)11::::Vll::::Il S„B aW_1.h.N"T .k Vn'�a IIOIM APPLICABLE SPECIAL INSPECTIONS FOR WHICH AGENCY IS APPROVED Sy checking "yes" in Tables 8 through 93 below, the applicant verifies that the agency has the equipment and qualified personnel to perform the indicated special inspections. ONLY mark tests that are listed in accreditation certificate or DSA-LEA. 8 SOILS AND FOUNDATIONS Special Inspections (Qualified Representative of Responsible Geotechnical Engineer) Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection ® a. CBC 1705/1705A Cast -in -place Deep Foundations ® b. CBC 170511705A Driven Deep Foundations I,�q c. CBC 1705/1705A Soils Excavations and Fills 7 d. CBC 1812A Shoring e. CBC 1813A Ground Improvement f. ❑ g. ❑ h. Special Inspections that are in the agency's scope but are not listed above should be provided in the space(s) below Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection ❑ a. ❑ b. ❑ c. ❑ d. n e. n f. 9 CONCRETE Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection 5� a. CBC 170511705A Post -Installed Anchors IRI b. CBC 1705/1705A Shotcrete c CBC 170511705A 8 ACI 318 pre -Stressed Concrete 0 d. CBC 170511705A & ACI 318 Reinforced Cast -In -Place Concrete e CBC 1705/1705A 8 ACI 31 B Reinforced Pre -Cast Concrete ❑ f. CBC 1705/1705A and ASTM C94 Batch Plant g CBC 1705/1705A 8 AWS D1.4 Reber Welding ❑ h. CBC 1911A 8 ICC- ES AC 178 Fibor Roinforccd Polymer (FRP) Composites ❑ i. ❑ j. Special Inspections that are in the agency's scope but are not listed above should be provided in the space(s) below. Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection J a. Li b. J C. Li d. n e. STArE OF CALIFt MAN --XtCAl OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� irl( I: I-GfI'J- 0ll•II1C11 OII• SFAFII::VPBWllllrll. 11lll:AILlf1111Ifa1I....AININIING ANII.II..)II'VII.II )II"IMII 14I /dhi�� r`s II RAG;:,IIII__Illfllll_'.!,,:a II )II'VII'llSjIlallWll_ IhN"If IIY11vn'al101M 10 MASONRY Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection a CBC 1705/1705A & AWS D1.4 Rebar Welding x, b CBC 170511705A & TMS 602 Masonry Placement ❑ C. n d. Special Inspections that are in the agency s scope but are not listed above should be provided in the space(s) below. Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection ❑ a. 1 ❑ b. ❑ c. ❑ d. e. f. 11 STEEL Special Inspections Yes Code/Standard Fleld and Types of Inspection Yes CodelStandard Fleld and Types of Inspectlon ® a. CBC 1705/1705A Fireproofing ® b. CBC 1705/1705A Slruclurel Cold -Formed Steel ® c CBC 1705/1705A. AISC 360 & 341 High Strength Bolts ® d CBC 170511705A, AISC 360 & 341 Steel Fabrication &Erection 7 s. CBC 1705/1705A, AWS QC1. AISC 360 & 3,11 Welding - f. ❑ g. ❑ h. Special Inspections that are in the agency's scope but are not listed above should be provided in the space(s) below. Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection a. 1 b. C. d. e. f. STATE OF CALIFt W2--Yfr:Al OSH-Ft]-OF'PJ';190 (g3101[?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� 4'r( Ir IJafy9 0ll•II1C11 OII• SFAFII::Wllllrll. 11lll:AILlf1111If"II....AININIING ANII.II..)II'VII.II )II"IIMII IMII /dhi�� r`s II RAG;:,IIII__Illfllll_'.!,,:a II )II'VII'llOIIaIIwII_ IhN"If IlkllVn'aIIOIM 12 Wood and Roof Assemblies Special Inspections Yes Code/Standard Field and Types of Inspection Yes Code/Standard Field and Types of Inspection 1 a. CBC 1705/1705A Wood Construction 1 b. r1 c. r1 d. ❑ e. ❑ f. r1 g. r1 h. S ecfel Ins ectrons that are in the a enr, 's scope but are not listed above should be rovided in the s aces below. r1 a. n b. rl C. n d. 1 G. F7 f. 13 NONSTRUCTURAL COMPONENTS AND MISCELLANEOUS SPECIAL INSPECTIONS Special Inspections Yes Code/Standard Field and Types of Yes Code/Standard Field and Types of Inspection n a. CBC 170511705A Damping System n b. CBC 170511705A Nonstructural Components. Supports and Attachments ❑ c. CBC 170511705A Seismic Isolation System ❑ d. GBG 2003 & AWS D1.2 Aluminum/Alwninum Welding n e. CBC 2410 8Sptural Silicone Glazing n f. S muiel Inspecfions ttlal are in the a enc 's suo e but are nut listed above should be oruvided in the wmuetsJ below. —, a. — b. C. d. e. ❑ f. _" .-fr.- STATE OF CALIFt7 M)!1--Yfr:AL OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY ' A'AA-+004 '1 (� 4"vIr 14 afy9 fill II null III SFAFII::Wllllrll. 11lll:AILlf1111Ifa1I....AININIING ANll..t I1..t11'VII.II )II"IMII INtt 'f/�d�hi�p� �y� rs •AG;:, __11 if _'.!,,:a .) 'V' Sa db1 _�. h.N"If .Y "afn'�al101N 14 SPECIAL INSPECTORS Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheots if needed "To update expiration date a renewal application for OPAA and proof of renewal for certificationilicense shall be required Certification/ Certification/ Certification/ Inspector's Name License Type Licensing Agency License Number Expiration Date* Comments Spray Applied ICC 1138578 10/06/9091 FT Fireproofing Structural Steel & ICC 1138578 10/06/2021 FT Welding Structural Steel and ICC 1138578 10/06/2021 FT bolting Prestressed Concrete ICC 1138578 10/06/2021 FT Reinforced Concrete ICC 1138578 10/06/2021 FT Robert Turchick Structural Masonry ICC 1138578 10106190?1 FT Certified Welding AWS 13011121 01/31/2022 FT Inspector Shotcrete DSA 5675 12/31/2019 FT Class 2 DSA 3729 03/17/2021 FT Masonry DSA 5399 02/23/2021 FT Soils ICC 8164532 10/08/2020 FT Spray Applied Fireproofing ICC 8164532 06/16/2021 FT Reinforced Concrete ICC 8164532 08/20/2021 FT Carl De La Torre Prestressed Concrete ICC 8164532 10/13/2021 FT Structural Masonry ICC 8164532 10/28/2021 FT Structural Steel and ICC 8164532 11/17/2021 FT bolting FT Spray Applied ICC 5119934 03/12/2021 Fireproofing Structural Welding ICC 5119934 02/09/2020 FT Chris Shipp Structural Steel and ICC 5119934 02/09/2020 FT bolting Certified Welding AWS 02040121 04/30/2020 FT Inspector Special Inspectors with expired license shall not be penritted to perform Special Inspections STArE OF CALIFMM)! -WEAL OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� r I �IJt I� I afy9 0111::1C11 OF:: FAFII::Wllllrll. 11lll:AILF1111 Ifa11....A11 1141IING AN11..t 11..t11'V11.11 )11"IMII 14I '/�d�hi�pl �y� rs •AG;:, __11 11)11::::Vll::::IlS„B a Edt _�. h.N"If .k Vn'�a11w' 1N 14 SPECIAL INSPECTORS (Continued) Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheets if needed 'To update expiration date a renewal application for CPAA and proof of renewal for certification/license shall be required Certification/ Certification/ Certification/ Inspector's Name License Type Licensing Agency License Number Expiration Date" Comments Reinforced Concrete ICC 8715595 08/29/2020 FT James Reeves Structural Masonry ICC 8715595 03/22/2021 FT Spray Applied ICC 8375377 01/28/2023 FT Fireproofin Jonathan Taylor Soils ICC 8375377 01/282023 FT FT soils ICC $017636 07/22/2020 Spray Applied ICC 8017636 07/22/2020 FT Fireproofing Reinforced Concrete ICC 8017636 07/22/2020 FT Felipe Cisneros Prestressed Concrete ICC 8017636 07/22/2020 FT Structural Masonry ICC 8017636 07/22/2020 FT Structural Steel and ICc 8017636 12/26/2020 F 1 bolting Robert Frazer Soils ICC 8418831 04/24/2022 FT Neil Carey Soil ICC 8803597 08/11/2020 FT William Woltman Soil ICc 8897104 07/27/2021 FT Certified Welding AWS O4090271 09/01/2020 FT Inspector Adhesive Anchor ACI 00088722 01/23/2021 F Inspector/Installer Spray Applied ICC 5098547 04/18/2020 FT Fireproofing Randall Lewis Structural Weldinq ICC 5098547 04/18/2020 FT Structural Steel and ICC 5098547 04/18/2020 FT bolting Prestressed Concrete ICC 5098547 04/18/2020 FT Reinforced Concrete ICC 5098547 04/18/2020 F s ecial Ins actors with expired license shall not be pemittPof to pertorm S recial Ins actions. STArE OF CALIFtAM71A=XI'EAL AfJ201 B AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� 4'r( Ir IGafy9 ��II II nCll III SFAFII::Wllllrll. 11lll:AILlf1111If"II....ANINIING ANll..t I1..t11:Vll.11 )II"IMII 14I 'i/rd�hi�pf �y� rs •AG;:, __11 11)11::::Vll::::IlS„B a Edf _�. h.N"If .Y Vn'�al101M 14 SPECIAL INSPECTORS (Continued) Provide Following Information for Each Special Inspector Employed by the Agency (Attach additional sheots if needed "To update expiration date a renewal application for OPAA and proof of renewal for certificationilicense shall be required Structural Masonry Icc 5098547 04/18/2020 FT Randall Lewis Master of Special Icc 5098547 04/18/2020 FT Inspection Special Inspectors with expired license shall not be pennitted to perform Special Inspections STArE OF CALIFt W2--Yfr:AL OSH-Ft]-OF'PJ';190 (q3/Ol!?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY OPAA-+004 '1 (� { -rJ:: I f of 19 ��II II null OII FAFII::Wllllrll. 11lll:AILlf11 11 If1II....AININIING ANll..t I1..t11'Vll.11 )II"IMII IMII 'f/rd�hi�p��y�rs •.RAG;:, __11 11)11::::Vll::::IlSjaw_::.h.N"If .k Vn'�a IIOIM 15 SUMMARY OF AGENCY'S TESTING AND SPECIAL INSPECTION SERVICES Structural Tests & Special Inspections (Check all that apply) Yes Structural Tests Yes Structural Special Inspections I5<7 Full 71 Earthwork • Aggregate 0 Batch Plant ® Reinforcing Steel ® Reinforced Concrete © Concrete 0 Pre -Stressed Concrete 2 Post -Installed Anchors ® Post -Installed Anchors ❑ Concrete Specialty Inserts n Pro -Cast Concrete A lShotcrete A Shotcrete 51 Masonry 71 Masonry A Steel 29 Steel Welding 71 High -Strength Bolts and other Fasteners 71 High -Strength Bolts and other Fasteners Non-Desiruclive Testing (NDT) 29 Spray Applied Fireproofing ❑ Wood ❑ Nood ❑ Aluminum/Aluminum Welding ❑ IuminumlAluminum Welding ❑ Fiber Reinforced Polymer (FRP) Composites ® Fiber Reinforced Polymer (FRP) Composites ❑ Deep Foundations Z Deep Foundations © Nonstructural Components. Supports and Attachments 0 Nonstructural Components. Supports and Attachments 2 Slruclural Elements and Connec;hone ❑ Base Isolators n Shake Table Tests I n jDampeis Tests and S octal Ins ecbons that are in the Ar enc 's sco e but ere not Itsted above should he wovided in the mmce(sj below. n n STArE OF CALIFt MAN --Yfr:Al OSH-Ft]-OF'PJ';19n (g3101[?nl �) d!3C?OI4 AND HUMAN SERVICES AGENCY r y{ ^AA-604 '-1 r; 01l•IFICII OF:: FAFII::WIIIIrll. 11lll:AILlf11 11 If1II....AIMINIIING ANII.II..)II'VII.II )II"IIMII 14I '7r/rd�hi�p) )y� rs11::•ACIIII__11 .) 'V' Sja w_::. h.N"If .Y vn'�al101M List of Attachments Supporting the Agency's Approval (check all that apply) Yes Enclosure Type OSHPD Facllltles Development Dlvlslon (FDD) Payment Forni (OSH-AD-367): htt 9/osh d.ca. ov/FDD/Forms/eSPForms/OSH-FD 367-FacDvrntDivPmtForm. df 0 DSA-LEA Laboratory Qualification as posted at DSA website: htt siffwww.a s2.d s.ca. ov/DSA/Tracker/A rovedLabs.as x LatestCopyof DSA 100: LEA Progr9mApplic9tion as Submitted to DSA El Latest copy of DSA 220LEA Pro ram On -Site Assessment Report LatAat moy of DSA acre tannA latter of thA Agonr.V into the LEA progrAm. Current Accreditation Certificates including List of Tests and Special Inspections for which the Agency is Accredited El Copy of Test Technician/Individual Special Inspectors License/Certification showinci expiration date(s) Xi OPL Numbrr for Conversion of OPL to OPAA only: OPL-0042-1 S rr OPAA Number for Conversion/Renewal of OPAA only — Other Please Specify): rr Other Please Specify): rr Other Please S ecif : — Other Please Specify): QSHPD Approval L Signature Print Name: Jeffrey Kikumoto Title SE Condition of approval (if applicable). (For Office Use Only) Approval Date: 5/6/2019 Approval Expiration Date: 9/25/2022 STA rE OF CALIFbtft 'tFIIE &tI AND HUMAN SERVICES AGENCY nAr12019 OPAA 004,) 1� I"rtp I!I �f 19 N ¢� a co nI s7U&S r=4i i o � o f y L 0 2 L 4 f C i O d N r er D H Y 7E 0 r G Q (, yJ pp j y /v, 77 i f cY r n K 1 (L 1 t cn •p �` m 7 ✓+ ,+ x �-• z n � � �' W 4 L.. W r L1 � n CIS J V ar C [iO b N 4 `b % b ':AD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT TRANSPORTATION CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT ikxpiratdoo Data. 2021-04-01 ,m..-pe,Aed By: Majid Fahrtosh IA '...Igsr..:. 112 R=Ifa rw 562-345-3147 F6S,'- Y9. 1733 F Ia; Material Category 500 ,iburn4roay;TransMat, Inc. A.¢td eta. 8966 Benson Ave. Unit B Montclair CA, 91763 -al', QC V.q;.:. Kreetha Mekchai �E-yvn,att L transmatincQgmaiLcom -f q:lcphoyvv: 626-532-7705 F x rt..: A certified Independent Assurance (IA) visited this laboratory on .�Q29"A4.-U1 Only the equipment to be used on Caltrans Construction projects and/or local construction projects on the National Highway System was checked for, qualification. At the time of Caltrans Accreditation, this laboratory had all necessary equipment to perform the test methods indicated below. Testing personnel shall be Caltrans Ouafified and possess a Current Caltrans Certification Form TL-0111 or AASHTO Proficiency Form TL-0115 prior to performing any sampling or testing. AASHTO T"11 AASI-ITO T27 AASHTO R47 AASHTO R76 AASHTO T84 AASHTO 185 AASHTO T166 AASH"1'O f1 76 AASHTO 1209 AASHTO T255 AASI ITO 1'275 AASHTO T308 AASHTO T329 AASHI'O T335 CT 105 CT106 C1- 125 ADMIX CT 125 AGG CT 125 BIT CT 125 CEM CT 125 GEN CT 125 HMA CT 201 CT 202. CT 205 CT 206 CT" 207 CT 209 CT 216 CT 217 CT 226 CT' 227 CT 229 CT 231 CT 234 CT 235 CT 308 CT 309 CT 382 CT 384 C I' 504 CT 518 CT 523 CT 524 CT 533 CT 539 CI.540 Cl- 552 C-I" 556 CT 557 A visual check was performed and documents provided as necessary for the following items: ✓ Facility Safety Manual ✓ Copies of current applicable test procedures ✓ Laboratory Procedures Manual ✓ _ _Calibration and service documentation ✓ Laboratory Quality Control Manual ✓ Calibration stickers allied to test equipment ✓ Proper test equipment (dated within the 12 months) On 2020-04-01 , this laboratory was Caltrans Qualified by: i Majid Fahnosh IA112 (Printed name of IA person) ( ignature-o. IA person) Ple,@jt yq�t*dil t ipccreditation by visiting SIAD website: q�t .12t ot.ca.gov 7/6 Page 111 Z 0 F F- O NW a L] L] Q N L F— FM 7. ro 109 02 Fx a� Q LL as N �n//T/� A� W E m Y m CY V Q 01 m'rnm o` O�`o� mim U W_ to iFC W CtSi W v7' JJ' O 61 d L U U n LL Z L0 r LQ r O I m -- W`o U m � m u e Ll d a CL �G Q� c N CO a -> o�a _ m o L m r a m U U a � QIL a �co U ci r� E U ❑ n m.� C9 mm G iM c E m = m U n r6 s �`..y d75m a� S Q L 4 V h N Nw v a ri N n LL Z L0 r LQ r n L) n o o Ll � a - 0 F n N VI N O Y � L U C @ N I Y C N Q Vlr'n^ r L N �' E N N E QN a m rn L. 0 rn IL @ U m a e Vo5 cP L' cl Cco in YID C N J C 3 a W LL Z L0 1 LQ 1 O w a [] a O I a N CO a _ 6L1- L Q L U W i [ (d LL co U L) Q in (D as Q) m ACD 21 n pj o 0 0 0j N: N N N i N N N N f N N N Nf N N r.i � N Q P y� m O �rS N A O � �- U w u U C N O O F� C � C a a O a m � a c`o a a y IM a � w c s O w � c Q' iq r ✓r m �: Q m � < n 3,� z N �; � O �• mr T � T w m �: = v T U O TE 77, TEa D N N lL LL D Z o U c: N- p Ul at {O p z J c: w o U OI OI O i L 0 0 N w 61 (0 w (O Dc o U y a o 'o' rl �:! o w a ram U ram- m o ,a m tj m= T c c m_ 3 w m h S N m. E E is 2 o E n a: o m m o m e m '' m rn I< rn rn State of California -Health and Human Services Agency California Department of Public Health Page 1 of 3 pages RADIOACTIVE MATERIAL LICENSE Pursuant to the California Code of Regulations, Division 1, Title 17, Chapter 5, Subchapter 4, Group 2, Licensing of Radioactive Material, and In reliance on statements and representations heretofore made by the licensee, a license Is hereby Issued authorizing the licensee to receive, use, possess, transfer, or dispose of radioactive material listed below; and to use such radioactive material for the purpose(s) and at the places) designated below. This license Is subject to all applicable rules, regulations, and orders of the California Department of Public Health now or hereafter in effect and to any standard or specific condition specified in this license. 1. Licensee' 17yn.mat Inc 3. License Nurnber 8313-36 Amendment Number. 1 2. Address. 89(i6 Benson Avenue, Suilc B 4. txpiration date. Monfcla r, CA 9176Scptcnlber 5, 2029 (5) Attention: I icciha Mckchai 5. Inspection agency. Radiologic Hcahli Branch Rurhnlion salely Officer South License Number 8313-36 is hereby administratively corrected as follows: 6. Nuclide 7. Form 8. Possession Litrnt A. Cesium-137/Anlericiunl-241:Be. A. Scaled Sources (Troller A. 2 Source pails not to exceed Drawing No. A-102112 and 333.0 MBq (9 mCi) of A-102451) cesium-l37 and 1.6 GHq (44 mCd) of all1CnCiUm-241 each. Total not to exceed 1.9 GBq 06 nlCl). 9. Authorized Use A. To be used as conalionenls of gauges, Troxler Electronic Laboratories Model 3400 Series, for determination of moisture/density in engineering materials. LICENSE CONULTIONS 10. Radioactive materials may be used at temporary job sites of the licensee in areas not under exclusive federal Jurisdiction throughout the State of California (see Condition 13). Radioactive materials may he permanently Stored only at the following approved location_ (a) 8966 licns'on Avalirc, Suirc li, Montclair, CA, 11. lhL license is subject to an annual fee for sources of radioactive material authorized to be possessed at any one time as specified in items 6, 7, 8 and 9 of this license. The annual tee for this license is required by and computed in accordance with Title 17, C'alifornia Code of Regulations, Sections 30230-30232 and is also subject to an animal coo -of -living attju>uncnl pursuanl. 10 Scclion 100425 of the California Ilcalih and Safety Codc. 1 ?. Rntlio:+crive nrr4nial may he used only by, ur undo- the suppvision .md in the physical presence of, individuals who: (a) Have satisfactorily completed a course, accepted by the Dcparuncnt as adcgUaLc, in safe Ltsc of coil/asphall content gauges containing radioactive material and also; (b) Ilave been provided with a statement, signed by the Radiation Satety Officer, which designates that individual a, all authors/Cd UkCI- Cluah lied to UsC I'adiOLICLl VC 111LACrIL11 Under 1111S IICCnsC. of thcsC dOCU111C11Ls shall he lllainlalncd for impccllon by t11c 0cparllncnl. City Council 21 — 227 7/6/2021 State of California -Health and Human Services Agency California Department of Public Health Page 2 of 3 pages RADIOACTIVE MATERIAL LICENSE Liccnsc Number x313-3b Amendment Number I 13. Pxeept as specifically provided orbeiwise by this liecnsc, the licensee shall poiiess and Use radioactive Inaterial described in Items 6, 7, 8 and 9 of [his license in accordance with the state]IIVIIK representations, and procedures cowaineci in the documents listed below. The Dcpartmenl's regulations shall govenl unless the slatemcnL, representa11o115, and procedures in the licensee's application a id coriesponderice are more restrictive than the regulation. (a) The liecnsc application, with auachrncnrs, dated Match 29, 2010, and the letter, with auachrnetus, dated Ally 24, 2019, both signed by Krcctha Mckchai, Radiation Safety Officer. 14. 1 he Radiation Safety Officer in this program shall be Kreetha Mekchai. I S_ Before radioactive materials may be used at a tempoiaiyjob site at any tzderal tacilit-y, the jurisdictional status of Job site must be determined_ if the jurisdictional sratus is unknown, the federal agency should he contacted to deterltnlnC It the 1oh ]Ire k 11ndC1' CXClrlilt'C federal hll'131111 tIUn. A rCipUll iC shall he ohtamcd In wlitln✓g or a "CCUr'll made of the naune and title of the person at the fecic7al agency who provided the detenuination and the date that it was provided. Authorization for use of radioactive nnaterials at the jab sites under exclusive federal jurisdiction shall be obtained either bv' (a) Piling an NRC Pnrrn-241 in accordance with the Code of Federal Regulations, Title 10, Part 150.10 (b), "Rceognition of Agreement Stoic T.iocnses", or (b) By applying for a. specific N RC: liecnsc. Before radioactive material can be used at a temporaryjob site in another Stare, authorization shall be obtained from the State if it is an Agreement State, or lions the NRC for any non -Agreement State, either by tiling till reciprocity nr applying tina Specific license- 16. Sealed sources unaaincd ill soil/asph dr. gauges shall bC ICNICII. fur Ic:ik:af;c anti/or cuntalninaiioii aL. iiu.civals not to exceed 12 months. 17. Quantitative analytical assays lo- the purpose of LCSIS for leakage and/or contamination of scaled somres shall be performed only by persons specifically authorized to pertornt that service. 1 S. The following individuals are authorized to collect wipe test samples of sealed sources possessed under this license using leak tesl kits ac "p[able to the California Department of Public Hcahh: (a) The Radiation Safely Officer (11) Qualified individuals designated in writing by the Kadiation Safety Officer 19. Records of leak test results shall he kept in units of becquerels (microcuries) and maintained for inspection. Records maybe dicposcd of following Dgrartincnt inspecrion_ Any leak test revealing. the presence of IRS RLI (OA05 it(' i) or more of removable radivadivC malpial .hall be rc1301-11A to the California DcparLmeni of Public TTcalth, Rmliologic Hcallh Branch MS 7610I'.O. Box 997414, Sacramctrlo, CA 95699-7414, within five days of tllc lest. This rcporl shall include a description of the defective source or device, the results of the test, and the corrective action taken. 20. The licensee shall conduct a physical inventory every six months to account tier all sealed sources and/or devices received and possessed under the license. Records ol'the inventories shall he maintained for in;pection, and may be disposed of following Dcporti nxa inspection. 21. Maintenance and repair of soillasphalt content gauges shall be performed only by persons specifically authorized to per lot W;W SIN - City Council 21 — 228 7/6/2021 State of California -Health and Human Services Agency California Department of Public Health Page 3 of 3 pages RADIOACTIVE MATERIAL LICENSE Liccnsc Nuniher X313-36 Amendment Number I 22. At arty tine the licensee k engaged in ruilking ntcasuieweirts by authority of this license at eitherit permanent oI temporaryjob site, the licensee shall have it current copy of each of the following documents available for inspection at tlic job ;ilcr: (it) A statement authorizlnl. each qualified individual to the radioactive material (see Condition 12). (h) Thk license. (c) The rmanufacturCCC, instruction manual with spprnpriate cruagency procedures_ 23. the liccnscc Ahall comply Hidi all raluiremenls of Tillc 17. California Code of Regulations. Section 30373 when transporting or delivering radioactive materials to a carrier for shipment. 'these requirements include; packaging, marking, labeling, loading, slorage, placarding, monitoring, and accident reporting. Shipping papers shall be maintained for inspection pursuant to the U.S. Department of Transportation requirement; (Title 49, Code of Federal Regulations, Part 172, Section. 172.200 through 172.204). 24. The Radiation Safety Officer shall establish measures for the security of devices possessed and Lransported under authority of this license. 'lhc Radiation Safety Officer shall ensure security measures required by this license. meet the following minimum standards: (a) Transport vehicle, roust he equipper] to prn,ide security nl'the transport case. The method selected must provide foi- it fixed anti permanent atrachnav to vehicle frame. Whom ,ccondaiy conuiiners are uscd fill the Type A package they shall be attached to the vehicle with the toe of it tamper resistutt tasteners to the frame of the transport vehicle. (b) Each portable gauge licatsec shall use a minimum of two indcpatdent physical controls that furor tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are nor under the cimn-ol and cimslanl surveillance nfthe liccnscc. (c) Transport vehicles must be equipped with a security device (such as an alarm systeni) capable of delcrinl; unauthorized entry, access and use of vehicle_ (d) Local law enforcement shall be notified immediately in the event of loss or thett. 25. At (cast 30 days prior to vacating any address of use listed in CondiLion 10 of this license, Lhc liccnscc shall provide wriltciL not ifwillion of inlCnl 10 vac;+lc to the California llcparuncnl of public Hcalth, ut acxordancc with idle 17, califumia Code. of Regulations. Section 30256 (b). C'onirol of all licatsed areas must be maintained until such .n-c.lS are released by the Department lix unresu-icted use or the license is terminated, in accordance with Title 17, California Code of Regulations, Section 30256 Q). 26. In accordance with California Health and Safety Code Section 115000.1(h), the licensee shall annually report the radioactive waste inventory held in storage on December 31 of each year and all manifests of Low Level Radioactive Waste (LLRW) shipments to licensed LLRW disposal facilities made during the year to the Department via the online 1,1.RW Tracking System at 110 a [j „/: Alp;pyts..cdpglm„c;gn;;gmve(. 2T A copy ol'this license and a copy ol'all records and doccnnenu pertaining Lo this license shall he maintained available for inspection at S966 Boirwn Avenue, S1,1110 B. Monlclair, CA. Issued for the State of California Department of Public Health Date: Scptambcr 19, 2019 By: City Council Sacramento. OAME;3�414 7/6l2021 -------- ----- ---- -- --- .. .......... Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT Cis:u'rn K;n'riONS NON-COLL(-$I(ZN_A-M DAVIT ('('ide 23 United States Code Section 112 and Public Contract Code Section 7106) To the CI )-Y OF SANI'A AN A 7 ) F.PARTMFNT OF PUBLIC. WORKS fn accordance with Title 23 United States Code Section 112 and Public (contract Code 7106 the BIDDFR declares that the bid is not wade in the interest of, or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the hid is genuine and not collusive or sham; that the BIDDFR has not directly or indrectly induced or solicited any other BIDf)ER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a shani bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sougjit by agreement, communication, or conference with anyone to fix the bid price of the MDDEN of any BIDDER, of to fix any overhead, profit, or cost clement of the bid price, or of that of tiny other BIDDER, or to secure any advantage against the public body awarding the contract of auyonc interested in the proposed contract; that all statements contained in the bid are nue; and, huther, that the BIDDL-R has not, directly or indirc(31y, submitted his or her bid price or any breakdown thereof, or the contents thc-reof, or divulged information or data relative thereto, or paid, and will not pay, any fec to any corpor<ahrot, partnership, company associatioll, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal- Signing this Proposal on the signature portion thereof shall also constitute, signature of this Non -collusion Affidavit. T3IDDIIRS are cautioned that malting a false certification may subje t the certifier to criminal prosecutdon- c= State of C:ahfomia County of RAy I;SISIC. Subscribed and sworn to (or affirmed) betorc me on this `.�-�_ day of SP.Q 20 iq by N)p-Usi,/ ;-Lc) , proved m me on the basis of satisfactory evidence to be the person(s) who appeared before tire_ No try Public Signature // � nn 510. ruHMDUD FlRhti / ery YuOI¢ CdMOMia g t(b\?s flivtrf Cowry _ commas u"x228t 654 mm My Cu. Lm�res Mar 19, 70t3 Notary Pnfylic Seal City of Santa Ana RFP Page A3-1 Stubsp; C;ily COU11CII 21 lndash;lnbsp;231 7/b/2021 @nhsp; Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS fhc prospective participant certifies, by signing and :ubnnuiu g [his bid or proposal, to the best of Its or her knowledge and beliet, that: No federal approprialc d funds have bec7l paid or will be paid, by or on behalf of the under-signcd. to any person for influencing of attempting to influence an officer or employee of any tederal agency, a Mcinber of Congress, an officer or cinployce of Congress, or an cntptoycc of a Member of Congress i ❑ cornOCtiorl wirh diC awa icing of ally fCcfa al contl act, r110 malci ng of any fCdcl al grant, the making oI,any Icdcrel loan, ills cntcring into ofany cooperativc afa-cerncnt, and I I I C cxtcn.rinn, umlin aalion, renewal. ancndncril, or nodlhcation of any federal contract. gralll, loan. or cooperanx-c agrecncnl. 2. if any finds other than federal appropriated finds have been paid of will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Meniber of Con Puss, an olYiccror crnploycc ofCongress, orall cmployov ofa Mcrnhcr of,(-'iml*rae; in connection with this fcdaal contract. _^ ant loan, loan or coopclative agrcanclit, the urldnsi&mcd shalt coinplcte and submit it `Disclosurc of Lobbying Activities". This certification is a material represaltation of fact upon which reliance was placed when this transaction was made or entered into_ Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, ll. S. Code. Any person >iho fails to Ii1c the rogaired certification ,hall he iubju.t to a civil putalry of nor less rhau $10,000 and nor more rhau $100,000 for arch such failure. 'Ilie prospective parlicipanl also olpiees by subniirling his or her biel or proposal that he or she shall require lhalthe language of Iles certification be included in all lower licr Subc ontacts, which exceed $100.000 and that all such sub recipients shall certify and disclose accorchngly Firm Kleinfelder, Inc. Signed and Printed Name: Title Project Manager / Principal Agent Date September 30, 2020 Hanna, PE Citv Council 21 — 232 716/2021 City or Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant Ibr cmploymcnt because oh race, color, religion, sex, or national origin. The Consultant shall talc affirmative action to ensure thal applicants are employed, and lhal employees are beaded during employment without, regard to their race, color, religion, sex, ur national origin_ Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recrtinncrt or recruitment advertising; layoff or termination; rates of pay or other forms of cornpensatiow and selection for training, inchrcling apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting fordo the provision, of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or .dvcrtisarncuts fire employees placed by or oil behalf of the Consultant, state that all qualified applicants will reecivc consideration for cmploymcnt without regard to race, color, religion, sex, or nalional origin. 3. The Consultant shall send to cacti labor union or representative of wodcets with which he/shc 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 Consultant's connniLill etrts under this section, and shall post copies of the notice in conspicuous places availablC to employees and applicants lbr employment. 4_ The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant ordcl-s of the Secretary of Labor. 5. The Consultant shall furnish all information and repotKs required by LxeeutiyC Order 11246 of Septer,rber 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 lirr purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant'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 Consultant may be declared mch.vihlc Rrr firrtlrcr Govcttnncnt contracts or federally assisted construction contracts in accordance with procedures authorized in Lxecution Order 11246 of September 24, 1965. and such other sanctions may be imposed and I emedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order oh the Secretary of Labor, or as otherwise provided by law_ 7. The Consultant shall include the portion of the seiuenco immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 21 — 233 716/2021 City or Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11240 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 provision,, including sanctions fin- noncompliance, provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. S. Ptn-suaw to Calili»-nia Labor Code Section 1735, as added by Chapter- 043 Stars- 1934, and as amended - No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancesn-y, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subjcet to all the penalties imposed for a violation of the Chapter. A•' Siglled- Title: Project Manager / Principal Agent Kleinfelder, Inc. hinn: Dale: September 30, 2020 Citv Council 21 — 234 71612021 City or Santa Ana RFP Page A3-4 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and subnnl ling this bid or proposal, to the best of his or her knowledge and belief, that: No federal uppropriiilcd funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any tederal agency, a Mcmber of Congress, an otTiecr or anploycc of Congress, or an cnploycc of a Member of Congress in canuretion with the awarding of ally fafpal contract, the malting of any fedeal grant, the making oI,ally Icdnsl loam, the cxnaing into ufarry coopr_h-ative afTec lnent, and the exterlaiIll l, enntinualiuu, renewal. anlcndlncni. or modification of any federal contract, g1Nnt. Udall, or cooperaAc agreement. 2. if any finds other than federal appropriated timds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Cowclrus,anofPiccrorcrnployccol,Conpross,orancrnployceofaMcrnhcrnfC;onfrrossill connection with this fcdc7aI contract, ,Want loan, loan or coopa;ttivc agrccmplt, the undcrsiOmud shall complete and subn>it a" Disclosurc of lobbying tActivirics". This certification is a material representation of tact upon which reliance was placed when this transaction was made or entered into_ Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Section 1352, Title 31, ll_ S Coda Any person who fails to file the roquired certif icution shall be subjoe.t to a civil putalty of our Icsv that $10,000 aucl nor more rhau $100,000 for etch such failure. The prospective participant also agrees by submirring his or her -bid or proposal thathe or she shall require lhalthe language of This ccrtiftcation be included in all lower tier Subcontracts, which exccxxl $100.000 and that all such sub recipients shall certify and disclose accorcflngly Firm signed and Printed Name: Tide Date Citv Council 21 — 235 716/2021 City or Santa At RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant Ibr canployincnt because of race, color, religion, sex, or national origin. I'he Consultant shall talcs atfiirmative action to ensure that applicants are employed, and Ihat 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: crnployrnent, upgrading, demotion, or ❑-ansfcr; recruitment or rccntittnent advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees find applicants for employmuit. notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertiscrneits too amptoyes. placed by or oil behalfof the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant 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 Consultant's connniLill ell ts under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4- The Consultant shall comply with all provisions of Executive Order 1124E of September 24, 1965, and of the. rules, regulations, and rcicvant ordcl-s of the Sccretary of Labor. 5. The Consultant shall furnish all information and repotKs 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 pennit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor fur pwposes of investigation, to ascertain compliance with such rules, regulations, and orders. E. in the event of the Consultant's non-compliance with tire nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may bc canceled, terminated, or suspended in whole or in part and the Consultant may be declared inclinible fur further Government contracts or federally assisted construction comracis in accordance with procedures authorized in Lxecution Order 11246 of September 24. 1965. and such other sanctions may be imposed and I emedies invoked as provided in Fxecutive Order 1124E of September 24, 1965, or by rule, regulations, or order of' tile Secretary of Labor, or as otherwise provided by law- 7. The Consultant 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 Citv Courncil 21 — 236 716/2021 City or Santa Ana RFP Page A3-3 by rules, regulations, or orders of the. Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of Scptcmbcr 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 Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result ol- such direction by the administering agency, the Consultant 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 Chaptcr 643 State_ 1934, and as ancnded. 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 condilion, nnatital status, or sex of such persons, except as provided in Section 1420, and any Consulnnt of public work, violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed - Title: Finn: TransMat Inc Datc: Citv Coutcil 21 — 237 71612021 City or Santa Ana RFP Page A3-4 EXHIBIT C ""b •;,;,r"G 1, R 1 I m "n 11 `Mr V ::: 'r 'k ',: w..r`4r ProjectManager...................................................................................................................... $ 186.95 / hr. Project Administrator............................................................................................................... $ 115.91 / hr. Field Soils & Materials Tester: Prevailing Wage Group 1......................................................... $ 168.69 / hr. Special Inspection & Batch Plant: Prevailing Wage Group 2................................................... $ 173.76 / hr. Non-destructive Testing. Prevailing Wage Group 3................................................................. $ 179.46 / hr. Special Inspector & Materials Tester: Non -Prevailing Wage .................................................... $ 94.25 / hr. `Please see the attached Basis of Charges for all additional fee schedule information. " r'ni inril 21 — 239 H6r2,21 KlHlnfelOw FHe SrhE♦i� iule for [h0 City of Sink, Anc, Revised 05/2021 1. A two-hour show up minimum charge will be made for all field services where work is cancelled less than two hours prior to the requested start time. A four-hour minimum charge will be made for any field services in excess of two hours. An eight -hour minimum charge will be made for field services in excess of four hours per day. 2. Time worked in excess of 8 hours per day (Monday - Friday) and up to 12 hours per day on Saturday will be charged at 1.S times the hourly rate. Time worked in excess of 12 hours per day (Monday — Saturday) and all time worked on Sundays and holidays will be charged at 2 times the hourly rate. 3. Per diem will be charged at cost for all projects in excess of 50 miles from the nearest Kleinfelder office. 4. Office support staff, field inspection non -prevailing wage staff, and laboratory testing rates will be escalated 3% annually on October V1 for the duration of the contract. 5. Field inspection staff subject to prevailing wages per the SIR will be escalated 3% annually on July 1-' for the duration of the contract. 6. Vehicle mileage will be charged at the current IRS reimbursement rate portal-to-portal from the nearest Kleinfelder office. 7. The proposed fee includes standard invoicing with time detail summary. Additional administrative time will be charged if invoice backup information (tinlesheets, daily field reports, or work summaries) is requested. B. Certified payroll for prevailing wnye projects will be provided only if requested and will he subject to additional charges for administrative time for each pay period. Kleirildf trmbirfElrges for the City of Santa Aria 21 - 240 -fflW20:?1Y2021 SOIL DENSITY TESTS Test Test MethodT Fee Standard Proctor _§=dard U698, 199 $ 24b each Modified Proctor D1557, T180 $ 245 each Proctor Check Point T272 $ 140 each Proctor Oversize Correction U4/18 $ /5 each Treated Soil Proctor D558 $ 320 each Minimum and Maximum Relative Density D4254, D4253 $ 425 each Maximum Density by Vibratory Hammer U/382 $ 5b0 each Moisture/Density, TEX 113-E TEX113-E $ 275 each Moisture/Density, TEX 114-E TEX114-E $ 275 each California Impact, C 1 216, Dry Method C 1216 $ 22b each California Impact, CT 216, Wet Method CT216 $ 225 each SOIL CLASSIFICATION AND INDEX TESTS Test Standard Test Methods Fee Visual Classification D2488 $ 30 each Sieve Analysis, % Finer than 200 Sieve r11140 $ 90 each Sieve Analysis, tine D422 D6913 T88 $ 130 each Sieve Analysis, Coarse D422, D6913, T88 $ 130 each Sieve Analysis, Coarse and Fine r1429, r)6913, T88 $ 165 each Hydrometer Analysis Re uires a Sieve Anal sis, not included D422 D7928 $ 185 each Water Content D2216, D4363, T265 $ 25 each Water Content and Dry Unit Weight R2216, D2937, f)7963 $ 45 each Atterberg Limits Single Point D4318-13T891 T90 $ 120 each Atterberq Limits, Multiple Point D4318-A, T89, T90 $ 185 each Atterber I mits, I quid I imit Only r14318, T90 $ 115 each Soil Specific Gravity D854 T100 $ 225 each Soil Organic, Content D2974-C $ 125 each Fiber Content of Peat Soils r11997 $ 270 each Pinhole Dispersion Classification D4647 $ 525 each Soil pH D4972, G51 $ 60 each Double Hydrometer for Dispersive Soils r14221 $ 275 each Soil Resistivity G187 $ 160 each Chloride Content $ 70 each Sulfate Content $ 60 each Thermal Resistivity, Per Point D5334 IEEE 422 $ 325 each Thermal Resistivity, Dry -Out Curve D5334, IEEE 422 $ 950 each SOIL BEARING PRESSURE TESTS Test Standard Test Methods Fee California Bearing Ratio, Single Point roctornotincluded D1883, T193 $ 350 each California BearingRatio 3 Points roctornot included D1883, T193 $ 656 each sCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 1 of 3 Al rates are sit UV CkAYt-mival increase beginning October 1. 2021. 21 — 241 7/6/2021 rvf� rr�' rr f Po 1« tl mtl'.m SOIL BEARING PRESSURE TESTS (continued) Test StandardTest M h 1 Fee Resistance R-Value D2844 $ 325 each Resistance R-Value of Treated Material Rock Correction for R-Value D2844 D2844 $ $ 375 85 each each Stabilized Soil UC Strength. 1 Point(proctor not included) D1633 D5102 $ 175 each Stabilized Soil UG Strength, Set of 3 CT373, 1 Lime Content, w/o Opt. Moist D1633, D5102 CT373 $ $ 950 175 each each CT373 1 Lime Content CT373 $ 370 each CT373, 3 Lime Contents Eados and Grim Test (Opt. Lime Content GT373 C977 $ $ 1,100 195 each each Resilient Modulus T307 $ 475 each CTB Strength, Individual Specimen CTB Strength, Set of 3, Without Design $ $ 185 420 each each CTB Complete Mix Design $ 6,500 each SOIL STRENGTH AND PERMEABILITY TESTS Test Standard Test Method? Fee Pocket Penetration Value $ 30 each Unronfined Com ressive Strength D2166. T208 $ 140 each Direct Shear, 1 Point D3080 T236 $ 150 each Direct Shear, 3 Points D3080 T236 390 each Direct Shear Residual Strength. Each Pt D3080-Modified $ 250 each Consolidation without Time Rate Plots D2435-Modified $ 345 each Consolidation with 2 Time Rate Plots D2435-A T216-A 450 each Consolidatinn. All Loads with Time Rates D2435-8, T216-6 $ 630 each Collapse Potential D5333 $ 250 each One Dimensional Swell Wetting After LDading, Series D4546-A 300 each One Dimensional Swell — Wetting After Loading D4546-8 $ 175 each One Dimensional Swell — Loading After Wetting D4546-C $ 475 each Expansion Index D4829 195 each Denver Swell Test $ 125 each Permeability. Rigid Wall D2434 $ 450 each Permeability. Flexible Wall D5084-C 390 each Triaxial Compression, CU. 1 Point 1)4767, T297 $ 500 each Triaxial Compression, CU. 3 Points D4767 T297 $ 1,350 each Triaxial Compression, ULI1 Point D2850 T296 210 each Triaxial Compression, UU. 3 Points D2850, T296 $ 630 each Triaxial Compression, UU Saturated 1 Point D2850-Modified $ 300 each Triaxial Test TEX117C Part I TEX1171: 1,950 each Triaxial Test TEX117E, Part 11 TEX117E $ 1 950 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 2 of 3 All rates are sL UV CkAYt-mivai increase beginning October 1. 2021. 21 — 242 7/612021 A1-7-* , rc *,.i i ii a Test Standard Test Methods Fee Acid Solubility $ 185 each ASR Reactivity. Long Method C227 C1293 1,850 each AS ReadivitV, Short Method C1260 C1567 950 each Cleanness Value CT227 $ 165 each Clay Lumps and Friable Particlesper size 'seenotobelow C142 T112 105 each Coarse Specific GravitV & Absorption C127 T85 fly each Finc S ccific Gravity & Absorption C128. T84 $ 145 cach Coarse Durability D3744 T210 150 each Fine DurahifitV D3744 T210 150 each Flat and Elongated Particles cr size *(see note below D4791 $ 95 cach Fractured Facesper size '(see noto below D5821 T335 105 each Lightweight Pieces(Per specific gravity otheavy liquid) C123. T113 330 each Los An cics Abrasion Lar c Aqqrcqatc C535 $ 200 cach Los Angeles Abrasion Small Aggregate C131 T96 200 each Mortar Sand Strent th C87 CT515 650 each Organic Im uritics C40 T21 $ 75 cach Sand Equivalent, 1 point D2419 T176 100 each Sand Equivalent, 3 points D2419. T176 150 each Sicvc Analysis, % Fincr than 200 Sicvc C117 T11 $ 90 cach Sieve Analysis, Fine C136 T27 130 each Sieve Analysis, Coarse C136. T27 130 each Sicvc Analysis, Coarsc and Finc C136 T27 $ 165 cach SoundnessofAggregate, persize 'so¬ebelow C88 T104 150 each Unit Weight C29 T19 65 each Water Contcnt D2216, C566 T255 $ 25 cach Texas Wet Ball Mill TEX116E 300 each Decantation Wash TEX406A 90 each Uncom acted Void Content of Finc A re ate C1252, T304 $ 140 cach 'Tests are billed bV each size fraction tested. The quantity of fractions tested is dependent on the sample gradation and test method. Test Standard Test Methods Fee Filter Media, Sieve Analysis includes d1o, d6o, es, cu AWWA B100 $ 185 each Filter Media. Mohs Hardness AWWA B100 $ 185 each Filter Media Percent Silica $ 200 each Acid Solubility AWWA B100 $ 185 each sCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, R, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 3 of 3 All rates are sal UVthy'{-jhuai increase beginning October 1. 2021. 21 — 243 7/612021 Co uc ," t t -;t`a Test Standard Test Methods Fee Concrete Compression C39 $ 32 each Concrete Core Compression C42 $ 85 each Concrete Flexural Strength C78 $ 105 each Hydraulic Cement Mortar Compression C109 field cast $ 32 each Concrete Drying Shrinkage, set of 3 C157 $ 510 Each Concrete Core Thickness C174 $ 45 each Concrete Laboratory Trial Batch* C192 $ 1,350 each Concrete Time of Set by Penetration Resistance C403. C191 $ 2,400 each Concrete Modulus of Elasticity C469 $ 350 each Concrete Splitting Tensile Strength C496 $ 105 each Concrete Absorption C497, C642 $ 160 each Concrete Cylinder Unit Weight C567 $ 160 each Non -Shrink Grout Compression C1107 C579 $ 32 each Shotcrete Compression C1140, C1604 $ 85 each Concrete Chloride Ion Penetration C1202 $ 750 each Concrete Paving Slab Modulus of Rupture C1782 $ 750 each Concrete Direct Tensile D2936, CRD C164 $ 500 each CLSM Compression D4832 1 $ 1 45 each 'Includes 6 cylinders 4r8 or 6r92 or 6 Her beams additional c lindens beams or Shrinkage prisms changed of individpal Unit rates :miry t .� %tl_w mm%...;•° t t '� t Test Standard Test Methods Fee RCC Compression C143SIC39 $ 65 each RCC Air Content C1849 $ 50 each RCC Unit Weight C1849 $ 50 each RCC Consislenrc and Densil VeRe C1170 $ 1,800 each RCC Accelerated CRuo C1768 - modified $ 750 each RCC Trial Batch ACI 211.1 $ 4,800 each RCC A re ale MixingACI 211.1 $ 7,000 each Test Standard Test Method' Fee Masonry Grout Compression C1019 C942 $ 32 each Masonry Mortar Compression C270. C780 $ 32 each Masonry Core Compression and Shear CA DSA $ 170 each Masonry Prism Compression C1314 $ 125 each CMU Absorption and Received Moisture C140 $ 100 each CMU Compression C140 $ 105 each CMU Dimension Verification C140 $ 45 each CMU Lineal Shrinkage C426 $ 250 each CMU/Seq. Retaining Wall Unit Freeze -Thaw C1262 $ 1.750 each tCOmmon ASTM, AASHTO and DOT test methods. • Those beginning with A, R, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 4 of 3 All rates are sal UV CkAq't-gihuai increase beginning October 1. 2021. 21 — 244 7/612021 Test _§jUdard Test MethodT Fee Rock Sample Preparation D4543 $ 100 each Rock Direct Shear, 1 Point D5607 $ 350 each Rock Mohs Hardness IRSM $ 45 each Rock Point Load Index per Point* D5731 $ 55 each Rock Slake Durability D4644 $ 200 each Rock Splitting Tensile/Brazilian, per Point* D3967 $ 100 each Rock Direct Tensile D2936 $ 250 each Rock Triaxial Compression D7012-A $ 420 each Rock Triaxial Compression w/Modulus of Rupture D7012-B $ 560 each Rock Unconfined Compression D7012-C $ 250 each Rock Unconfined Compression w/Modulus of Ru ture D7012-D $ 500 each Above testing fees include routine sample preparation (end grinding) and sample photographs *Point load andsplitting tensile test fees are per break not per set of 10. BINDER TESTS Test Standard Test Method Fee Absolute Viscosity D2171 $ 220 each Bitumen Penetration D5 $ 85 each Klnernatic VIScoslt D2170 $ 200 each Recovery by Roto-Vapor D5404 $ 365 each Softeninq Point, Ring & Ball D36 $ 105 each Bitumen Recovery by Abson Method D5404 $ 375 each Ductility of Bitumen D113 $ 130 each Resilience of AR Binders D5329 $ 80 each EMULSION TESTS Test Standard Test Methods Fee Fmulsion Flastic Recover 06084, T301 $ 260 each Emulsion Settlement D6930 T59 $ 235 each Emulsion Sieve Test D6933, T59 $ 105 each Fmulsion Story e. Stnhility 06930, T59 $ 185 each Ertl L1ISIOn Torsional Rccovcr CT332 $ 160 cach Particle Charge D7402, T59 $ 105 each Residue h Fva loretion D6934, T59 $ 115 each Sa bolt ViscosityD7846 T59 $ 160 cach 1Common ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 5 of 3 All rates are sal UVt0jDtY#-c*uai increase beginning October 1. 2021. 21 — 245 7/6/2021 MIX PROPERTY TESTS Test Standard Test Methods Fee Air Voids DetenninaLion calculation only) D3203, AI-MS-2 $ 60 each VMA Determination (calculation only) AI-MS-2 CT-LP-2 $ 55 each VFA Determination (calculation only) AI-MS-2 CT-LP-2 $ 55 each Volumetric Pro ernes (calculation only) AI-MS-2 CT-LP-2 $ 55 each AC Moisture Content T329 $ 60 each Gradation of Extracted Aggregate D5444 $ 125 each AC ContenL by Extraction D2172 $ 220 each AC Content bv I nition Oven D6307 T308 $ 160 each AC Ignition Oven Calibration determination of mix correction D6307 $ 350 each Hveem Stability D1560 $ 350 each Hveem Stability without Compaction D1560 $ 185 each Marshall Stability and Flow does not inciudacompaction) D6927 $ 175 each AC Swell CT305 $ 500 each SlurrV Seal Wet Track Abrasion D3910 ISSA TB100 $ 350 each DESIGN AND DENSITY TESTS Method'Test Standard Test Fee AC Corc Thickncss D3549 $ 15 cach AC Core Unit Weight & Thickness D1188 D2726 D3549 55 each Unit Wei ht Gyratory Method T312 325 each Unit Wci ht. Hvccm Method D1561 $ 310 cach Unit Weight, Marshall Method D6926 225 each Maximum Theoretical Specific Gravity D2041 165 each Moisture Induced Damage T283 $ 1 470 cach Moisture Vapor Susceptibility CT307 600 each Hamburg Wheel Track Set of 2 T324 1.100 each Index of Rctaincd Strength D1075 $ 1 250 cach Indirect Tensile Strength do"notinctudecom action D6931 1,050 set/3 Indirect Tensile Strength of Cored Specimen D6931 350 each Caltrans Tcnsilc Strcn th Ratio CT371 $ 2000 cach Caltrans Opt Bitumen Content OGFC CT368 1,850 1 each Centritu e Kerosene Equivalent OT303 300 each Film Stripping CT302 $ 150 each Mix Design. Hveem Method w/RAP CT367 7,800 each Mix Design. Hveem Method Mix Design, Marshall Method CT367 AI-MS-2 $ $ 6.000 3 250 each each Mix Design. Su er ave Method AI-MS-2 7,500 each sCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, R, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page F of 3 All rates are sal UV CkAYt-mjhuai increase beginning October 1. 2021. 21 — 246 7/612021 BOLT TESTS Test StandardTest MathodT Fee Bolt Assembly Suite Bolt Nut Washer F606 $ 225 each Bolt Hardness Bolt Proof Load E18 F606 $ $ 30 45 each Bach Bolt Wedge Tensile F606 $ 45 each Nut Hardness Nut Proof Load E18 F606 $ $ 30 45 each Bach Washer Hardness E18 $ 30 each An 'assembly' is one bolt, one nut and one washer. The suite consists of a bolt wedge tensile test, bolt and nut proof load tests, and hardness tests on all three pieces. REINFORCING BAR TESTS Test _=dard Test MethodT Fee Bend A370 E290 $ 45 each Rebar Tensile up to No. 11 A370 E8 95 each Rebar Tensile. No. 14 and No. 18 A370. E8 $ 200 each Rebar Coupler Slip A370 Al034 CT670 $ 150 each Rebar Coupler Tensile up to No. 11 A370 A1034 CT670 90 each Rebar Coupler Tensile. No. 14 and No. 18 A370. A1034, GT670 $ 200 each CT670 Strain (Elongation) CT670 $ 20 each Headed Rebar Tensile LIP to No. 11 A370 A970 g0 each Headed Rebar Tensile. No. 14 and No. 18 A370. A970 $ 200 each Modulus of Elasticity* A370 $ 125 Each Epoxy Coating Thickness A775 A934 100 each Epoxy Coating Continuity — Holiday Test A775 A934 $ 100 each Epoxy Flexibility - Bending A775 A934 $ 75 each "hl addition to the fiestina fee. METAL TESTS Test StandardTest Method' Fee PT Strand Tensile A370 A1061 $ '165 each Anchor Bolt Tensile, up to 1.5" dia. F1554 $ 150 each Anchor Bolt Tensile, greater than 1.5" dia. F1554 $ 250 each Reduced Section Tensile* A370 $ '125 each Rockwell Hardness E16 $ 30 each Weroelch E381 $ 250 each Charpy Impact, Set of 3 "" A370 A673 $ 375 each Galvanization I hickness B499, E376 $ 25 each Fireprooling Density E605 $ 75 each 'Machining testspecimens is not included. Additional fees for stress -strain dia rain. —Machining testspecimens is not included. Additional fees will be assessed for testing at temperatures other than 40°F. tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, R, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods - Page 7 of 3 All rates are sit UV CkAq't-cihuai increase beginning October 1. 2021. 21 — 247 7/612021 I '.... U 1W'P..,0 , S II m_, 1, 1 , a aw U. I II , I II ::: n DIMENSION STONE Method'Test tandard Test Fee Dimcnsion Stonc Absorption/Specific Gravity C97 $ 220 sct/5 Dimension Stone, Compressive Strength C170 $ 220 set/5 Dimension Stone. Flexural Strength C880 $ 220 set/5 Dimcnsion Stonc Modulus of Ru turc C99 $ 220 sct/5 MISCELLANEOUS TESTS Test Standard Test Method' Fee Hydraulic Ram Veritication E4 $ 315 each Tensile and Elastic Modulus Polymer Com osile Materials D3039 $ 650 sel/5 I;r" 71 ::I Po 1, mA .,o°"A I , , u SAMPLE PREPARATION Test Standard Test Method' Fee Rock Sample Preparation Sample Crushing D4543 $ $ too 150 each each Sample Cutting and Trimming $ 35 each Sample Mixing and Processing Sample Preparation $ $ 105 55 each each Sample Preparation, per hour $ 105 each Sample Remolding Contamination Fee $ $ 80 250 each each Sample Disposal Fee $ '10 each tCommon ASTM, AASHTO and DOT test methods. • Those beginning with A, B, C, D, E, F, or G are ASTM methods. Those beginning with T are AASHTO methods. Page 8 or 3 Al rates are sal UV CkAYt-mivai increase beginning October 1. 2021. 21 — 248 7/6/2021 AGREEMENT TO PROVIDE ON -CALL MATLRIAL TESTING AND SPECIAL INSPECTION SERVICES THIS AGRF1:1V1 iN'1 is made and entered into this 6thth clay of Ally, 7071 by and between RMA Group (`Consullant"), and the Cily of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of Cahl[Nnla ('C ily")- RECITALS A- On September 2, 2020, the ('ity issued TZeque',t for Proposal Na- 20-1 1 1, by which it sought qualified consultants to provide on -call tnalCial tcsling and special inspection services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was amon, those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 20-111- C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by (. onsultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a prolcssional contracting firm in the field - NOW I IIERE.FORF:, in consideration ofthe mutual and respective promises, and subject to the teens and conditions hereinafter set lorth, the panties agn-ee as 1'ollows.- SCOPE: OFSERVICES (-)it an on -call basis, and at the City's sole discretion. Consultant shall pet -form the services described in the scope of work that was included in RFP No. 20-111, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, ",Inch is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantccs any minimum or maxinuun compensation let Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Consultant is one of three (3) consultants selected to provide services till an on -call basis under RFP No- 20-111- The total compensation for these services provided by all such consuhants selected Wider RFP No- 20-111 shall not exceed the shared aggregate amount of S1.000,000 during the term of the Agreement, including any extension periods. b- Payment by City shall be made within furry -five (45) days Rtllowing receipt of proper invoice evidencing world pertbrmcd, suUjcct to City accounting, procedures. Payment need not be made for work which fails to meet the standards of City Council 21 — 249 7/6/2021 perftnirranec set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 5, 2024, tmlcss terminated carlia- in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing exceutecl by file City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirenicnts of California Labor Code Section 1720, of scq., and 1770, ct seq., as well as California Code of Regulations, 'Title H, Section 16000, et scq., ("prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance ofother requircaments on "public works" and "maintenance" projects. TI' the services being pertormed are part of an applicable `public works" or"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is S1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Taws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents face and harmless from any claim or liability arising out Of arty falun-o or alleged lLtiltuc to comply with the Prevailing \Vage Laws- 5. INDEPENDENT CONTRACTOR COMsttltxni shall, during the entire teen of this Agreement, be construed to he an independent utnlractun-and nut an employee of tltc City. This Agreement is not intended nor shall it be construed to create an eniplover-employee relationship, a join venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfnnms the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a rmannci consistent with all applicable standards and regulations governing such services. Consultarn shall pay all salaries and wages, cnnplo-yer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be rc5ponsiblc for all applictrblc withholding taxes. 6. OWNERSHIP OF MATEMALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, nurdify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specilications, studies, drawings, estimates, and other documents Of- works of authorship fixed in any tangible tnediunn of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant ,hall require all ubconsultall k to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Dat<t the subconsuluutt prepares tinder Qtis 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 City Council 21 — 250 7/6/2021 & Data which were provided to Consultant by the City- City shall not be limited in any way in its cue ol' the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at C.ity's sole risk. 7. INSURANCE Prior to undo taking pa-formancc of work undct this Agreement, Consultant shall maintain and shall require its subconsultants, if any, to obtain and maintain insurance as described Mow: a- Commercial General Liability Tnsurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, crrtployccs, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the petlbrntance of this, Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the tullowing: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of X1,000,000 per occurrence, with .$2,000,000 in the aggregate- Such inset ancc. shall (a) name the City, its officers, employees, agents, voluntccrs and representatives as additional insured(s) ; (b) be primary "ith respect to insurance or self -incur ince programs maintained by the City; and (c) contain standard separation of insurcds provisions. b. 13ttsincss automobile liabilityinsurance, or equivalent form, with a combined single limit of not less Ihan $1,000,000 per occurrence. Such insurance shall include coverage lur owned, hired and non -owned autonurbiles. Worker's Compensation lnsumnce. 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 cimvnencing the perlor nranec of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d- 1f CUn5LtlIMlt is or employs a I icensed pro lessi onal such as an architect or engineer: Profcssional liability (errors and omissions) insurancc, with a combined single limit of not less than S1,000,000 per clairn with S2,000,000 in the aggregate. 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 funrished to the City upon execution of this Agrccrmcnt and shall be approved by the City- (iii) Certificates and policies shall state that dte policies shall not be cancelled City Council 21 — 251 716/2021 or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior- written notice to the City- (ivColvultant shall supply City with a lirlly executed additional insured endorsement. f- TI' Consultant larils or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to he paid fill- its time and materials expended prior to notification of temrination- Consultant waives the right to receive compcnsation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages,jusl- compensation, restitrltioil, judicia I orequitahle relief arising nut ofclainrs for personal injury, including death, and claims for property damage, which may arise fiom the negligent operations of 4tc Consultant or its 6nbCOt1]r[hants, agents, employees, or other persons acting oat their behalf which relates to the services described in ,ection 1 of dais Agrccmcnl; and (2) from any Claim that personal injury, damages, just compcnsation, restitution, judicial or equitable relief is due by reason of the semis of or elTects arising liom this Agreement. Phis indemnity and hold harmless agreement applies to all claims ibr damages, just compensation, rtstinuion, judicial or equitable relief suttercd, or alleged to have been softened, by reason of the events referred to in this Section or by reason of the reruns of, or effects, arising front this Agreement. The Consultant further aexees 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 Agrccmcnl, or asserting that personal injury, darnages, just compensation, restimoiott, 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 deci ions with respect to its representation in any legal proceeding. Notwithstanding the loregoing, to the extent Consultant's services are subject to Civil Code SCCtion 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, tit claims that arise of, pertain to, or relate to the negligence, reeklessncss, or willful misconduct of the Consultant. 9. INTELLECTUAL PROI'F12'I'Y INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents. representatives, and employees against any and all liability, including costs, and attorncy's fees, Iorintiingennanl ofan,y United States' letter. patent, trademark, orcopyright Coll tainetf in the work product or documenk provided by Consultant to the City pursuant to this Agreement - City Council 21 — 252 7/6/2021 10. RL:COIU)S Consultant shall keep records and invoiccs in connection with the work to be perlbrmed under this Agreement. Consultant shaI l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures. and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, Iron the datc 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 sach records and any other documents created pursuant to this Agreement during regular business hours. tArn5LLltat1t shall allow inspection of all work, data, document,, proCCedingS, and aclivitieS related to this Agreement for a period of three (3) years from the dale of final payment to Consultant Wider this Agreement. 11. CONFIDENTIALITY TI' CUrnsullant receives from the City information which due to the naluro of such information is rcasonabl-v 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 s;uue degree of care it uses to protect its own information of like importance, but in no event ICSS than reasonable care- "Confidential Tnfonnation" shall include all trotrpubliC information. Confidential infomnation includes not only written inlbrrnation, but also information transferred orally, visually, clectronicall-y, or by other means. Confidential intornnation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. ]he foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed ill a publicly available source; (c) is in righttitl possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (c) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shal I not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this A�rccmcn t. 13. NOTICE Any notiec, tender, dermand, delivery, or other- Communication pursuant to this Agrecmait shall bee in writing and shall be cleaned to bee properly given if delivered in person or mailed by Brat clans or certified mail, postage prepaid, or sent by fax or oilier telegraphic Communication in the manner provided in this Section. to the following persons: To City: Clerk of the City CAlttnell City of Santa Ann 20 Civic Center PIa7a (M-30) City Council 21 — 253 7/6/2021 P-C)- Box 1988 Santa Ana, CA 92702-1988 Fax: (714) 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Sauna Ana, CA 92702 To Consultant Slawek Dytnerski, PE, GE Vice President/ Principle -in -Charge RMA Group. 1210 F. 223rd Street_, Suite 319 Carson, CA 90745 A party may change its address by giving notice in writing to the other party. Thereafter, ally communication shall be addressed and transmitted to the new address. If sent by mail, conununicatitm shall be ettcetive or deemed to have been given three (3) days after it has been deposited its the United Slates snail, duly registered or certified, with postage prepaid, and addressed as set forth above. I sent by fax, comnlunicalion shall be effective or decined to have been given twenty-four (24) hours after the time set torth on the transmission report issued by the uansmiuing facsimile machine, addressed as sel lin-th above. For purposes of calculaling these tinief-anies, weekends, federal, stale, Comity or City holidays shall be excluded- 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject inane- hcrcin, and super-sedes any and all other agrcencnts, oral or written, bewecn the parties. In the event of a cotilliet between the lenlis of this Agreement and ally attaclnnents hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signets by the City and by all authorized representative of Consuhant. The parties agree that any terns or conditions of any purchase order Or other insu-umeu that arc inconsistent with, or in addition lo, the terms and conditions hereof, shall not bind or Obligate CUnStlltant or the City. Each party to this Agreement acknowledges that nu representations, inducements, promises or agreements orally or otherwise, have been made by any party, or anyone acting on behalf of einy party, which are not embodied herein. is. ASSIGNMENT Inasmuch as this Agrccmcnt is intended to sectu'e the specialized services of Consultant, Consultant nwy not assign, transfer, delegate, or subconu-act any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or stbconuaci without [tic City',,; prior written consent shall be considcrcd null and void. Nothing in [tti5 Agrccmcnt shall be consuvecl to limit the' City's ability to have any of the services which are the subject to this City Council 21 — 254 7/6/2021 Agreement perfonned by City pca-sonncl or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condilion, or any right or remedy eonlained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the patty waiving the breach, failure, right or remedy. No waiver of any breach, failu c 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. 'IERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shal I be entitled to receive and the City steal I pay Consultant compensation Ibr all services perl'ornned by Consutanl prior to receipt of such notice of termination, subject to the lirllowing conditions: a. As a condition of such payment, the Lxecutive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant conscnu to the City's use Ihcrcol' liar such purposes as the City deems appropriate. b. Payment need not be inade for work which (ails to meet the standard of perlimnance specilied in the Recitals ol'this Agreement- 18. NON-DISCRIMINATION Consultant shall not discriminate because oft ace, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, LIJULatiolt, protnotiotl, termination or other employment related activities or in connection with any activities under this Agreement. Consiltant nftirnrs that it it an equal opportunity employe' and shall comply with full applicable federal, state and local laws and regulations. 19. .I 11RISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, perlimnance, and cnlin-ecnnent of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California- Both parties further agree. that Orange Connt-y, California, shall be the venue for any action or proceeding than may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, City Council 21 — 255 7/6/2021 permits, approvals, waivers, and exemptions necessary far the provision of the services hereunder and required by the laws and regulations oI'the 1 Tinted States, the State of Cali I'cmna, the City of Santa Ana and all other governmental agencies. Consultant shall nosily the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inabilily shall be cause for lermination of this Agreement. 21. MISCELLANFOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and auontey' , fees, for any injuries or damages to City in the event that such authoril-y or power is not, in tact, held by the signatory or is withdrawn. b. All exhibits relerenced herein and atlached hereto shall be incorporaled as if fully Set forth in the body ol'this Agg-cerne,tt. IN WITNLSS WHLRLOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY (OMFG Clerk of the Council APPROVED AS TO FORM SONTA R. CARVALTTO City Attorney I;y: /t' , f-AL J( 3N M. FUNK Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL NAB1L SABA, PE Itxcauive Director Public Work, Agency CITY OF SANTA ANA ICItISHNFI?ID61-, City Manager CONSULTANT Name: Title_ City Council 21 — 256 716/2021 permits, rapapslraswaa l.i, waivers, and a xernjl ii(Ins' necessary pbr the pxiovv sikm of flee serviices (lua;'ickind e and Pa^apauhcdl by the palwu:a .uandff reg ul+a iums d fthe United States, 6e'StauAF of Wfrbuuk k div COT of :Somas A.uuaz and ad dab i goveti➢am riln I agcride a. Cons-ubar➢t a.hall noffpffy the City ui➢ninwdiaaUy and iVn vvi,oinng, tiff Rs AV➢aapDl lity to obtain of ina➢bitain such penm➢L'kIX'L.. II➢S,'k tis'en 'F.aff3pICQUAY,al.s, RWarverq S rad ex emp lions. in ability shad be catme Rv vami➢map➢dDlro a Pp4Y0. Agreement :ill MIN(-'FA.Jl:..AS^dE(.)US PR PVB". KJIV-'i 41,. R'.ach a adders' JL',ilna;dp rep'llY;•jr:,Ilnts midi ANarrant s that betow has IUtte Power, mitpNA:➢Irity and right fo bind nh6r resffDmtive lTaartes to eaaa::ll➢ of die terims of this Agreement, nt, kandff ..,A vullll II➢Idid;m nkffy (Jty ffNAllly, including icaaso n.klltlle cost:!; ai.11ndff Katulrmd y ; A-,cs, filar t ua.y iron uders or damages to C. ty in Ifw event thaat. ,roil If utuuhoiiQ.y urp power is not, I ff6m, ffkepai by the ignaandauwy of it warithchaa'aarn... tr. AIJI exhibits ieff6-cricedB herein imall zaRtrDd,ll➢edl Il ctelo vfftaapl be utncd gioraated as un ftt lly sa ffoith ann t to Iladudffy uf' khis ,hp,ia.,auuzeu➢N... IN ON I AAI.ss WIhll tti .4W, the pariks Ihen:lo have cxea::uAed this Agreement the date wndff .ycaalr first ,a0.anve IvAtten. is ka lk of 01C (,Uu nd.up APPROVED AS TO t^t1RpRm SONM R. CA RVA1.110 City Av onaney JfCIXII ffC��ff � p u,J`ff��JIfC. ST, A.ssistar➢G: Cky /O,minaey R..E.AXIMMENDED FOR APPROVAL NAIMI.... SA BA„ PE. p:: xecuidve P1ua-a.d'ndyA- Pub➢iiaa'4 Works Agency KPAS1f IIPBff; ff•Rp MV, My Pdal.11llakgef CONSMITINT A, ,A, 10. p7aM➢r�; p'. �.))rin G'ale:: President City Council 21 — 257 7/&2021 EXHIBIT A Appendix ATTACHMENT 1 SCOFF OF WORK I411116 cln M01111M.M REQUEST FOR PROPOSALS FOR TESTING AND SPECIAL INSPECTION SERVICES RFP NO. 20-111 INTRODUCTION/BACKGROUND L,nde' the City of Santa's Capital Improvement Program, a number of construction projects will take place in the next few years. l'l)ese projects include street pavement, Traffic signals, underground utilities, buildings, bridges and park facility improvements- The total value of construction is estimated to exceed S100 million. In order to maintain high quality of constudion, the City intend,, to retain testing and inspection firms Lo provide quality assurance services tin- those projects- The selected firms arc expected to provide testing and inspections for construction activities involving grading, soils, base material, concrete, masonry, asphalt concrete, stiucmral steel, reinforcing steel, painting and to provide other quality assurance services when required. The purpose of this REP is to solicit proposals from quality control consulting (inns for the reluired services. The selected consultant is expected to enter iruo art agrecinent with the City to provide services on an as -needed basis. Prime consultant mark-ups for sub -consultant work will not lie allowed - All proposals, plans, drawings, specifications, estimates, grant applications, modeling, studies, presentations, and/or reports will be subject to the final approval and satisfaction of the City- The sCICCLCd Consultants must have Lhe expertise, experience, and demonstrated trsources available to perform the work described in this REP. The City desires to enter- into Agreements with multiplC top-ranking firms for an initial threc. (3)- year I.M11, will) a City option to exercise one ( I ), two (2)-year extension period- The annual amount to be expended under the Ageemeln will vary at the City'., discretion and will be dependent on available funding. City Council Gity of Santa Ana RM 20!�58 7/6/2021 Page Al-1 A. SCOPE OF SERVICES The rcquircd services shall include, but not be lnnitcxl to, the following: ♦ Provide field inspections and compaction tests for grading, trench backtill and asphalt concrete pavement construction according to the project special provisions, the Standard Specifications for Public Works Construction ('Green Book") and Caltrans Standard Specifications. Subrnit daily licld reports to the City and a final report allcr work is completed. ♦ Provide inspections for installation of precast and cast in -place concrete, welding, high strength holts, structural steel, masonry, painting and other types of work in accordance with the. Cali lortia Building Code (CBC) and the contrau doedn17Cnts. Snhntit field reports to the City immediately after inspections are completed. All deputy inspectors shall register with the City's Planning :and Building Agency prior to start inspection. ♦ Perform tests on various construction materials as required by the (_try. • Available tests may include the following: oMix Designs o Concrete o Concrete. Blocks Brick Masonry (i Masonry Prisms o Mortar and Grout o Fireproofing o Soils and Aggregates o Asphalt Concrete o I?eintorcing Steel oF.nvironmentaI ♦ hnspectors who perform work in confined areas or at elevated levels shall be certified or trained for confined space and tall protection. ♦ Recommend testing method on defective work <uid advise the City of acceptance standards. ♦ Provide source inspection for concrete and asphalt concrete at mixing plants, and inspection for other materials at their sotu-ce as rcquircd by the project specifications. ♦ Provide other quality control senviccs as regttcstcd by the City. ♦ Field reports shall be submitted daily to the City. Submit and distribute typed inspection and testing reports to the City's Public Works Agency and the Planning and Building Agency in accordance with "Green Hook" and" CBC" requirements amcl to other concerned parties within a week after the work is performed - City Council City of Santa Ana Rpff 2.02t99 71612021 Page Al-2 ♦ submit a final report to the Cily within five working days upon completion ol'each project. S. SPECIAL REQUIREMENTS Since sonic of the city project` will be funded by Rxferal or State gqmns, the scleckXt consulting Alin mint comply with requirements of Caltrans' consuuuction manual and the following_ Certificate of Personnel ♦ The personnel who will conduct the sampling and testing must be certified. I hey can be certified by Caltrans' District Materials Engineer, by the National ilstitute Certification of Engineering Technologies, or by other authority acceptable by the CAmsh7tet1011 Engineer of the City to be proficient in accepting sampling and testing. ♦ A copy of each person's certificate must be on tilt in the office of the Construction Engineer. The certificate shall list the type of work which the individual is authorized to perform. ♦ The testing laboratory must be under the supervision of 3 registered engineer with experience in inspection and testing of construction materials. This engineer shall certify the results of all tests performed by the lab personnel tinder his/her supervision. ♦ The selected fine Hurst maintain the laboratory testing equipment in accordance with recogrtized national standards - The selected firm roust have an independent assurancc testing and sampling program. This program can be performed either by their own personnel not involved in the acceptance testing and sampling, or by another quality assurance organization. ♦ Correlation Testing Program: The Materials Laboratory shall be a participant in one or more of the following testing programs: ♦ AASI I FO Materials Retcrencc I.aboratory(AR MI.) ♦ Cement and Concrete Reference Laboratory (CCRL) ♦ Caltrans' Reference Samples Program (RSP) Acccntance Testing and Satnplin$! ♦ The selected testing laboratory shall conduct acceptance testing of materials on the first day when work is performed, and continues daily until the wort; is completed. City Council City of Santa Ana RgR 2.02UO 716/2021 Page Al-3 Reporting Test Results ♦ When aggregate sample is taken in the material source, the testing firm shall submit to the Resident Frigincer results of sand equivalent, cleanness value and sieve analysis within 24 hours. When soik and aggn-egate samples are taken at the job site, results of these tests should be submitted within 72 hours - Results of compaction and density tests taken at the jot) site should he submitted within 24 hout-s. ♦ Whcn samples of soils and asphalt concrete are taken at the Job site, R-value and rc ult of asphalt extraction test should be submitted within 96 hour's. Independent Assurance 4amplinL and 'Testing The selected Linn shall establish and mainrain an Independent Sampling and Testing (ISAT) progrmrr ♦ To verify that the project sampling :in(] testim; are performed correctly by the testers and samplers- * To ensure. the equipment is properly calibratcd- ♦ To provide the City with a copy of the program to ensure that the program is carried out. ♦ To provide the Resident Fngineer with a report indicating actions to he taken by the selected testing fnim when discrepancies are found between ISAT and acceptance tests (AT)- C. CITY RESPONSIBILITIES ♦ Furnish construction plans and specifications to the consultant. ♦ Coordinate with the conu-actor regarding work schedule and noti ly the consultant 24 hours in advance ]or the required inspections and tests- D. SPECIAL REQUIREMENTS (ATTACHMENT 4) ♦ Thisprojcutway utilizcCal iforniaDcpartmcntofTransportation ( Cal trans) turidsand shall therefore comply with all state and federal requirements- The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal: LAPM Exhibit 10-H: Sample Cost Proposal City Council City of Santa Ana RgR 202161 7/6/2021 Page Al-4 • I,APM Exhibit 10-01: Consultant Proposal DHF. Connrnitnnent LAPM Exhibit 10-()2 Consultant Contract DBE Commitment • I.APM Exhibit 10-K: C'onsullanl Certification of C'onlract Costs and Financial management System Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 7b, for further Instructions mrd guidelines pertaining to the eompletiott o% these _forms }tfip: /./clrvt i trrv/ /ntcdialciot uts �li.:llptor�t rrit; /tor. 1.::: r i._tann� c /d�r�a.nuc ut /I�nulc h 1(�tdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY: I his agreement may be funded with state and/or federal grant fiords administered by C'alu;ans. I'roposer shall Comply with all requirements as they pertain to the use of these finds_ Refer to Attachment 4 lbr Caltrans regttired Rnnns, including Exhibit 10-H — Sample Cost Proposal (H2 for On -Call Conn -acts) in the Appendix of this RFP. DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL: The Agency has established a DBF goal for this Contract_ Proposers are encouraged to obtain DBE participation for this conu-act_ Rcfcr to Exhibit 10-1 — Notice to Proposers DBE Information inCluded in the Appendix of this RFP. Proposers must submit Exhibits 10-01 & 10-02 — Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency's DBF goal. CONSUI.T'ANTAUDITAND RI?VIh;W PROCESS: Prior to contract award and dcpcaulcnt on contract award amouru, the selected Consultant shall be subject to an audit or review by C'altrans' Audit and hivestigaflons (AM), other st.+re audit organizations, or the federal government. the selected Consultant shall complete Exhibit 10-K — Consultant Annual Certification of Indirect Costs and Financial Management System 1'or all prinne and sub -consultants in the Appendix ol'this RIP. To urdeperaderat/r dowtalood sitar of the C'allrccns Lthibits tequitecl per this RI•P, visit: Iri_Lat. //rinl.r3t,_(,�rv/Ixrryri uu /lax;zil i a ifti�c/Gnus/Inc of rss;i,i rn.r �_ino.rdntr;;;�au mu-il_�_lorrns City Council City of Santa Ana RgR 2.02U2 71612021 Page Al-5 C] U I V RMA EveryProje� tvvFa 1 1210 E. 223R�CYST Group 21 — 263 30, 2020 )-1600-P RMA Group 1,w;V P,okar matters www, rrnorompanlescon, kTAlit.Ti P11r11111.11 City of Santa Ana Public Works Agency M-36 20 Civic Center Plaza I Ross Annex Santa Ana, CA 92701 September 30, 2020 RMA Group No: 20-1600-P SUBJECT: RFP NO. 20-111 1 MATERIALS TESTING AND SPECIAL INSPECTION SERVICES Dear Mr. Thomas: We're pleased to present our firm's qualifications to you for this RFP to highlight our extensive experience with On -Call contracts as well as our ability to perform services that conform with local agency quality assurance programs and funding agency requirements. Whilethere area numberof consultants who are capable of performing these services, RMA Group has an unmatched combination of experienced personnel, resources, and proprietary project controls which sets us apart from our competition and uniquely positions us to assist you in successfully delivering your projects. RMA Group has extensive experience in pavement, roadway improvement, and municipal projects having provided on -call services for cities and agencies throughout the state, encompassing not only materials testing and special inspection, but also geotechnical engineering expertise. Our ability to cross-reference our knowledge on either discipline allows RMA Group the flexibility to expeditiously perform in a time and budget -effective manner. EXECUTIVE SUMMARY Our proposal will illustrate: • Our full -service laboratory's proximity to the City's service area and our staff's knowledge of local conditions and familiarity with permitting processes; • Our extensive experience executing services for on -call projects for multiple agencies and districts while maintaining our highest standards in maintaining quality control over processes and procedures; • Our firm's project approach to RMA Group's proven experience working with Task Orders and our availability to respond promptly to requests; and • Our project management tools that enable us to ensure our deliverables are prepared in accordance to the project specifications while controlling budgets and schedules. THE RMA GROUP DIFFERENCE RMA Group has provided a wide range of on -call services to numerous public agencies throughout California. Our clientele includes water districts, cities, counties, schools, transportation authorities, and various state agencies including Caltrans. We understand the issues that are critical to our clients and have developed proactive solutions and tools that enable us to respond quickly to requests for geotechnical services and allow us to perform the services efficiently and accurately. THE RMA GROUP TEAM I will serve as Principal -In -Charge and will be supported by Mr. Raymond Roblero who will act as our Project Manager. eased out of our Carson office, Ray is knowledgeable about project specifications, rnaterials testing and inspection requirements, financial and safety concerns, and general project approach for projects of the type listed in the scope of work. Our full -service team will be able to provide your staff with seamless execution of your task order needs with comprehensive test results. We are confident that our project profiles / statement of qualifications will prove our commitment to superior quality of service. As the Vice President of RMA Group, I am empowered to contractually obligate, clarify information, and negotiate the contract on behalf of our firm. We have reviewed the Contract Agreement Statement and have no concerns regarding the existing provisions contained in the document. We look forward to partnering with you to achieve success on your projects and we thank you for your consideration. Sincerely. Slawek Dy 21 — 264 71612021 Vice Presid U RMI I -In -Charge 1210 E. 223RD STREET, CA RSUN, CA 90745 ', Tr 310.684ASS4 ', F: 310.261.1117 '.. www.rmacompaniescom 19141TU L IIII *11iTiI::/».714z1414 INTRODUCTION RMA Group has provided geotechnical engineering, materials testing, and construction inspection services throughout Southern California since 1962. The firm has always had a strong focus on public works construction materials testing and geotechnical engineering and has participated in the design and construction of much of the infrastructure that supports growing local communities. There are three reasons in particular that the RMA Group team is the best choice for your projects. Experienced, Proactive Staff Extensive Experience on On -Call Contracts Extensive City and County Experience in Southern California A Project Manager with Experience for Processes. Task Management, and Budget Control Full -service capabilities and resources I aboratory I ocated less than 35 Minutes of City of Santa Ana locations. Fully Accredited and Certified to Perform Testing Required for the Contract Budget awareness Budget and Schedule Management with the use of RMA Group's own Proprietary Software that Ensures Real -Time Accounting of Project Activity Today, RMA Group has grown to become the leader in California for construction materials testing. RMA Group's local resources ensure that your projects will receive accurate, timely test results in Hours not Days: We have the current capacity to dispatch more than 160 inspectors and technicians every day throughout Southern California RMA Group owns more Nuclear Gauges than any other laboratory in California with 85 gauges available locally. We dispatch more trained soils and concrete technicians each day than any other company in Southern California. The RMA Group tearn is experienced in all phases of planning, design, and construction of street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements, and other related projects. Our field and laboratory resources, our knowledge and experience, and our proactive culture make RMA Group the best team for your projects. Our staff consists of registered geotechnical engineers and engineering geologists that provide our firm with comprehensive design capabilities. RMA Group's geotechnical and geologic design services include preliminary geotechnical investigations, foundation studies, fault investigations, liquefaction analysis, Phase I Environmental Site Assessments, and geotechnical and geologic review of grading and foundation plans. Our inspectors and technicians are highly qualified to perform all the services anticipated to be part of this contract. They are experienced, cross -trained, and hold multiple certifications (including NICET, ICBO, ACI, Caltrans, OSHPD, and DSA) to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. Our local resources will provide the City of Santa Ana with experienced and highly qualified engineers, geologists, ICC special inspectors, public works inspectors, and soils and materials testing technicians for public works inspection. The key individuals proposed for this project have more than 25 years average experience on various major construction projects and bring a combination of skills and knowledge that will be an asset to the contract's projects. We anticipate that some projects might require outside services. In managing team subconsulants, RMA Group's Project Manager oversees the respective firm's activities that have been contracted and verifies that quality, scheduling and budgets are maintained per the project parameters. No test results, reports, or other deliverable are received by the client before it is vetted by the RMA Group Project Manager. Much like the manner in which RMA Group maintains its corporate culture of project control, quality, and efficiency, so do our subconsultants integrate their services to be a reflection of the team's processes and procedures. Page 1 21 265 7/6/2021 yRM rz , RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES immn s+ CITY Or SANTA ANA 20-1600-P SEPTEMBER 30, 2020 A Group flYIEf3',, www. rmnmmpnnics com City Council FIRM AND TEAM EXPERIENCE LABORATORY CAPABILITIES RMA Group maintains the most comprehensive state of the art laboratory resources available in California. We own and operatefull-service construction materials testing facilities located in Rancho Cucamonga, San Jose, Rancho Cordova, Concord, and San Diego. Services for this contract will be delivered from our office and laboratory in Carson with back-up services provided from our office and laboratory location in Carson, CA. Our laboratory facilities are fully equipped to perform Portland cement concrete, masonry, hot mix asphalt, soils, aggregates, structural steel, reinforcing steel, spray fire -resistive materials, and geotechnical engineering application testing for any project which allows us to control the scheduling and priority of all testing and to never rely on an unrelated third party to deliver test results. Our laboratories have sample receiving areas and are equipped with moist curing rooms, fume hoods, compressed air, deionized water, and other general utilities required for certified facilities. Our moist curing rooms are walk-in storage units with controlled temperature and relative humidity. Our asphalt laboratories are at the cutting edge of the latest technologies performing mix design tests utilizing the Gyratory compactor and rut testing of asphalt mixes utilizing the Hamburg wheel tracking device. Our universal tension / compression machines run from 60k pounds to 600k pounds and are fully instrumented and equipped to test up to a number 18 reinforcing steel bars. Our laboratories are ISO 17025 accredited and approved to test mechanical couplers and welded splices and hoops for columns used in contruction. In addition to our permanent and satellite laboratory facilities, RMA Goup owns a fleet of fully self-sufficient and customizable mobile laboratories. These mobile labs are available to be mobilized to a jobsite in hours and arrive at the project site Caltrans-certified and ready to perform testing within minutes. RMA GiouP They are fully -self sufficient with internal power and water and are capable of being moved to various locations throughout the duration of a project to maximize their efficiency. All of our laboratories comply with the requirements for laboratory facilities detailed in ASTM E-329 and are inspected biannually by the Division of the State Architect (DSA), Cement and Concrete Reference Laboratory (CCRL) and the American Association of State I lighway and Transportation Officials Materials Reference Laboratory (AMRL) of the National Bureau of Standards. RMA Group continually participates in the reference sample programs offered by the CCRL, the AMRL, and Caltrans. Our testing laboratories are fully certified and we are recognized as a soils and physical materials testing agency by the following agencies' Division of the State Architect LEA 17, 147, 205, 232,302 AASHTO Materials Reference Laboratory CCRL Cement and Concrete Reference Labora- tory California Department of Transportation Federal Aviation Administration United States Army Corps of Engineers OSHPD OPAA-0015-16 (Sacramento -area lab) �NM9 O,ovy City Council '' RMA Group 1ivcry Prvjrr! Matters www.rrrw<orr,pcmustorr, 21 — 266 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page 2 I91d,TMFMIPliffJ ICA24R14ZNO QUALIFIED STAFF We have seasoned veterans with more than 20 years of experience who are versatile, cross -trained, and hold multiple certifications to inspect the diverse elements of construction projects simultaneously. This allows us to provide inspection services for projects in a highly efficient manner reducing the overall cost of inspection and testing programs. RMA Group constantly invests in educating our inspectors and technicians to be fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. Our special inspection services include, but are not limited to, the following. • Reinforced Concrete and Reinforcing Steel Post -Tensioned Concrete • Foundation Inspection • Structural Masonry Wood and Timber Construction • Seismic Retrofit Inspections Soil Compaction Asphaltic Concrete Shotcrete Structural Steel, Welding Inspection and Testing • Shop Fabrication QC Audits (Source) Fireproofing and Coatings • High Strength Bolting Roofing Inspection Torque and Pull Testing • Floor Flatness Testing • Floor Level Survey • Glu-Laminated Inspections • Shear Wall Nailing and Bolting Inspections • Non -Destructive Testing (NDT) We will assign a team of senior -level individuals with direct relevant experience in materials testing and inspection services that understands the unique nature new construction and modernization projects. Their experience grounds them with an understanding of the complex and often time -sensitive nature of project directives. Each member will have specific areas of responsibility to manage and carry out all aspects of this contract. RMA Group staff are available immediately for providing all services needed for this contract. p� it X. �i IOd MX,CAfimmllllllllllllllllllllllllllllllll ERSKI, PERAYMOND ROBLERSLAWEK DVMGO KEN DOWELL, PG, CEG, ( PRINCIPAL GEOLOGIST JACOB PEREYRA I[Ai I LEOCOLISI JENNIFER MOORE JERRY LEYBA FRANK GONZALES I ROY RAY BRENT CARROLL LOUIS RILEY AMRFR FI I INGSON MICHAEL COUTURE CARL RACHLER, PE I AH MANAril R MARTA LANDAVERDE ina SJPcevuon CALIFORNIA TESTING & INSPECTION City Council 21 - 267 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 3 ! CITY Of SANTA ANA ! 20-1600-P ! SEPTEMBER 30, 2020 7/6/2021 r"II Gm0 .r��i RMA Group I?rrry Prajsx Mattersiw w_rmocomponles com FIRM AND TEAM EXPERIENCE ASSIGNMENT OF KEY STAFF The strength of our team lies in our people. Our proposed team for this contract consists of our most experienced and capable staff. The key individuals proposed for this project have worked for a decade or more on various municipal capital improvement projects and bring a combination of skills and knowledge that will be an asset to this project. Materials testing and special inspection for the City of Santa Ana will require a team that can consistently provide accurate, reliable, and timely services. This will require a consultant who thoroughly understands the project and their role in the overall construction management team. Through our past work with on -call projects of a variety of sizes, magnitudes, and scopes/work orders as with the City's proposed contract, we recognize that your Construction Management team and staff have carefully planned budgets in order to maximize your construction dollars. Each of our proposed inspectors are capable of exercising considerable independent judgment, evaluating a wide range of engineering data, and supervising all work activities involved in field and laboratory testing in order to provide a complete and thorough project close-out for the City. MR. SLAWEK DYMERSKI, PE, GE provides corporate leadership as the Principal -in -Charge to ensure that RMA Group's pledge to service, professionalism, and technical expertise is delivered consistently throughout a project. Slawek is available to your staff to help identify project needs, allocate additional resources, and provide any assistance necessary to ensure successful completion of the City of Santa Ana's projects. MR. RAY ROBLERO will be your dedicated Project Managerfor RMAGrou p'sservices and yoursingle point of contact for the City's team. Ray will be responsible for coordinating all required manpower, laboratory tests and analyses, and project documentation. As Project Manager, he will be responsible for budgets, schedules, and deliverables and will track the project deliverables and ensure schedule adherence as well as quality in all aspects of RMA Group'-, work on these projects. MR. KEN DOWELL, PG, CEG will support the team for any geologic or seismic issues that arise during the term of the contract and will execute the field sampling and logging of borings during geotechnical explorations for the project. He will collect site -specific subsurface soil and groundwater information. He will provide field consultation during construction on an as needed basis to address soil conditions that may impact construction. MR. CARL BACHLER, PE, will serve as Laboratory Manager for the project and will oversee all laboratory testing activities. Carl has priorand ongoing experience working with materials testing for geotechnical as well as other municipal and transportation projects. His familiarity with related code requirements for testing of construction materials allows him to know exactly what to look out for during materials testing in the laboratory. Carl will communicate directly with other team members on the contract's projects, promptly informing them of test results or any potential problems encountered with the construction materials. SPECIAL INSPECTORS & FIELD TECHNICIANS Our field staff have been with RMA Group for varying years ranging from two years to more than a decade. They will provide field observation, sampling, documentation, and testing of all soil, concrete, sphalt, and other tests requested by the City, as needed, per each task order. Our staff will also include geotechnical technicians for all soil applications and geotechnical investigations. Our lead inspectors are handpicked for specific projects based on their experience and certifications and how well those match up to the requirements and construction elements on each project. City Council '' RMA Group 1ivcry Prvjar! Matters www.rrrw(orriponustorri 21 — 268 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page 4 LIH101445-1 lkl101►RD]A014401 UNDERSTANDING & SCOPE OF WORK Our proposed scope of work will consist of providing on -call materials testing and inspection services on an as -needed basis. We understand that the testing and inspection services will be required to support various construction projects for street pavement, traffic signals, underground utilities, buildings, bridges and park facility improvements. The scopes of work necessary to successfully complete these construction projects are further detailed herein. RMA Group has developed a highly successfully project approach and strategy working on a variety of on -call projects by using our effective and detailed management system. The design of this system will ensure open and timely communication between the City and its representatives and RMA Group staff. It will expedite the timely response for service requests, RFIs, and change notices and will manage the prompt reporting of all field and laboratory results. Above all, it will deliver a strict cost management practice to complete this project within the City of Santa Ana's budgets. PRE -CONSTRUCTION ACTIVITIES Prior to the project commencing, our Project Manager, Ray Roblero, will review the approved project documents. During this review, he will formulate a quality control approach for staffing inspectors and material testing. Once completed, this plan will be discussed at the pre -construction jobsite meeting with representatives from the City, City's Construction Management Team, and the contractor. Our Project Manager, inspector, and any other necessary key personnel will attend this meeting. It is understood that site inspectors do not have the authority to authorize project document changes. Any proposed changes will be coordinated with the lead inspector or Project Manager. They will communicate the proposed changes to the City's representative. Our staff assigned to this project will have valid identification, insurance, required certifications, transportation to project site, and mobile phone for communication. SERVICES DURING CONSTRUCTION Our firm will provide inspection and material testing services during construction throughout the duration of the project. The tasks are outlined below in subtasks A— D. SubtaskA: Our assigned personnel will attend jobsite meetings and coordinate inspections and material testing as requested by City representative. When requested, our Project Manager or lead inspector can assist the City in reviewing the contractor's invoices to verify completed work progress at the end of each month. This will include monitoring and providing supporting documentation for extra work completed by personnel / equipment in support of a change order. On -call inspections services and material testing activities will be completed to ensure the project is constructed in compliance with the project documents and standards, including any project change orders. During this process, inspectors will review and inspect the Contractor's work. Observation of survey layouts, line, elevation, and grade will be included, as requested. Our lead inspectors will monitor for corrective actions by contractor to fix work non -compliant work. During and nearing completion of construction, our inspector will prepare and inspect punch -lists for any corrective actions necessary to ensure all red - lined drawings / plans were incorporated during the construction of the project. Subtask 8: The assigned personal (e.g. Project Manager, Field Operations Manager, and Inspectors) will completedailyfield inspection reports on electronic forms approved by the City. These reports will be distributed to the project or uploaded into a file share service as -needed. The daily inspection report will document observations and identifywork completed by contractor. The lead inspector will complete a monthly progress report of pictures documenting the project's progress. All reports and photos will be uploaded to the City's preferred documentation system. Subtask C: Our Fields Operation Manager, Lead Inspector, and Dispatchers are equipped with mobile phones and can be contacted for emergency situation. Prior to project beginning, these numbers will be provided to the City representative and contractor. As a standard project start up procedure, the lead inspector will assistthe City with verifying the contractor has up to date health standards and safety program in place, including a COVID-19 safety plan. During the course of this project, if a safety issue is observed, the Lead Inspector will document the observation and notify the Contractor. The Lead Inspector will assist the City in reviewing the Contractor's regulatory Page S 21 269 7/6/2021 yRM rz , RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES ievc s+ CITY Or SANTA ANA 20-1600-P SEPTEMBER 30, 2020 A Group flYIEf3',, www. rmnmmpnnics com City Council UNDERSTANDING OF NEED permits and mitigation measures are in compliance with project documents. Subtask D: Along with special inspections, the project will require material testing. Inspectors will ensure accurate samples are taken in accordance with project documents. The material samples will be transported to our certified laboratory and assigned a project specific bar code for tracking and controlling purposes. According to the RFP, material testing is required for concrete, masonry, asphalt, soils, base materials, reinforcing steel, fireproofing, environmental and non-destructive testing on paint coatings (on - site and fabrication shop). Once material testing is completed, the test results will be provided to the City representative and contractor. RMA GROUP'S SUGGESTIONS TO ENHANCE THE CITY'S OBJECTIVES RMA Group's inspectors and staff are cross -trained and hold rultiple certifications. This allows our staff to dispatch an inspector who is experienced, multi - disciplined, and capable of performing multiple [asks. As a result, we are able to reduce the overall inspection hours resulting in cost and time savings for the City. Additionally, our inspection staff is highly experienced in projects with similar scopes. They utilize their experience to not only verify code compliance but also to assist in anticipating forth coming issues, so that they can be handled in a proactive fashion. Our staff will be readily available to accommodate last- minute requests for testing and inspection services in the field and / or our laboratory. With our laboratory capabilities and large staff of engineers, RMA Group has the proven ability to rapidly respond to the City's requests, complete the requested materials testing and inspection services, and furnish complete reports within strict timetables. We are and will remain available to commence work on your project within 12-hours of notification by authorized City personnel and in an emergency situation can accommodate a request within two to four hours. Additionally, we will maintain an emergency contact list so City personnel will always know who to call in emergency situations. Our depth of knowledgeable personnel together with our dedication to the City's project, make us the ideal candidate for providing the as -needed testing and inspection services. Our professional staff will actively coordinate our services with the City's representatives and / or Inspector regarding scheduling requests, testing turnaround times, results, and interpretations of results. The results of all tests will be reported in the appropriate procedure for the City and will be properly documented and filed in accordance with best industry practice. RMA Group will provide services inclusive of all elements necessary for a turn -key program. PROJECT COORDINATION Mr. Ray Roblero, our Project Manager, will be involved during the project start up. Information obtained from the City, during the initial notification call and our subsequent communication with the City's Inspector will be used to properly staff the project and keep track of the anticipated budget utilization. During and immediately following the initial notification, we will gather information with regards to. Anticipated scheduling and staffing requirements. PROCESS AND APPROACH Key construction elements schedules and critical Our process utilizes an effective and detailed deadlines. management organization and state-of-the-art project Roles, responsibilities and contact information of controls to ensure open and timely communication project team members. between the City of Santa Ana, its representatives, Unique requirements or aspects of the project. RMA Group, and our staff. Our approach will expedite Any modifications to [he Operational Procedures the timely response for service requests and will contained in the Request for Proposals. manage the prompt reporting of all deliverables while delivering a strict budget management practice to The information taken from the initial notification call will be used to develop final schedules for deliverables that c ea re o e prole require the City's � CIEyr�il�lonift-effectiveness. � � � RMA Group RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Cvi,y Lrj-rr Matters'., www.rrrw(orr,Por„r.,r.,,rr, CITY Of SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Paget L11k1014;Xliflk1y1►N163a011401 expectations. Our Project Manager and staff will also be available to attend other meetings during the course of work, as needed. Proactive communication approach will be used when coordinating with City's consultants'. architect, engineer, construction management firm and general contractor. The following sections contain a general outline; based on the information we currently have, of how our key staff members would complete our services under this contract. MATERIALS TESTING & INSPECTION SERVICES Materials testing and inspection is processed through groundwork that is laid out before your project ever begins. When RMAGroup receives the notification from the City to proceed with a project, we will immediately Put into play the strategy and an approach that was previously discussed in this section. Our team will review project plans, specifications, estimates, and relevant codes and standards to familiarize ourselves with the project demands. IMPLEMENTING STAFF After the City has reviewed and approved our cost estimate proposal, we will set the contract up in our project management software as a new project. The City will communicate inspection and testing requests directly to our project manager and project coordinator. The RMA Group team will review the request and decide which City -approved inspector or technician is best suited for the work and for the project, and whose personality will be most likely to fit in with other project team members. RMA Group employs more than 160 certified technicians and inspectors locally and more than 200 overall who hold licenses and certifications to perform inspection and materials testing. We have many inspectors licensed to successfully support the City's project- In the event that the City is even remotely unsatisfied with the performance or behavior of an RMA Group team member in the office, field, or laboratory, that team member will be immediately be removed from further work on City's project and we will have a discussion with the City on who will be best suited to replace the individual and how we can identify the specific problem and implement practices to avoid similar problems in the future. Although this happens with extreme rareness, we are prepared to deal with such events to maintain the highest level of client satisfaction. With the large size of our staff, there will be no delay in finding replacements for any personnel who are removed from your City project. Our electronic documentation system combined with your Project Wise Construction Management system and close oversight by the project manager and field director will assure continuity of ongoing work product quality and project schedules. RMA Group constantly invests in educating our inspectors and technicians to become and remain fully certified in many of the different phases of construction. This provides a continuity of personnel during all phases of construction that enables them to have a broadened range of project understanding. RMA Group is fully capable of providing all of the specific services listed in the Request for Proposal. BUDGET CONTROL In the event that personnel are scheduled for work that was not included in the original proposal, our proprietary software will send an automatic email notice to the Project Manager and key team members. This instant notification allows for rapid communication between RMA Group and the City to guarantee that any work outside the original scope will be agreed upon before it happens. It is a proactive approach to project management that allows us to discuss and resolve extra work or change order issues before they become a problem. RMA Group field personnel will arrive on -site with their daily report, certifications, equipment and safety gear, and instructions from the project team. Field personnel work will vary drastically depending on the type of project and which elements are being inspected or tested, but they will always fill out their daily report after the work is complete and have it signed by an authorized representative on -site. This allows any discrepancies in time worked or issues encountered on site to be resolved on the project site, same day, rather than having to debate over them in the office weeks or months afterward. Daily reports will be distributed, where applicable, to on -site supervisors or representatives, to a field file, and to the RMA Group office. RMA Group office personnel scan the daily report, which has a unique report identification number and a barcode, into our proprietary software where it can be instantaneously Page 7 21 271 7/6/2021 yRM rz , RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES immn s+ CITY Or SANTA ANA 20-1600-P SEPTEMBER 30, 2020 A Group flYIEf3',, www. rmnmmpnnics com City Council UNDERSTANDING OF NEED recalled by any team members, any time. When conducting inspection, our inspector will show up on site, inspect the work, complete his daily report and have it signed, and leave. When conducting materials testing, our technician will do the same except that he will perform field tests using calibrated testing equipment for which he or she is certified. SAMPLING AND TESTING OF MATERIALS Field testing technicians will also typically need to perform sampling, whetherit be bagsof soil, cylindersof concrete, or anything else the specifications and codes require. Sampling frequencies and sample quantities will be in accordance with relevant specifications, but RMA Group can always sample additional material at the request of the City. Construction material sampling will be performed on the project site or at the separate production facility, where applicable, in accordance with project specifications, codes, and standardized test methods. RMA Group takes great care in sampling, transporting, and storing samples before they are tested, as even slight disturbances to a sample can ultimately cause variations in test results. Some materials, such as soil, can be transported to our laboratory immediately after sampling. Other materials, such as concrete, must remain on site to allow for required field curing before they can be handled and transported. Upon test completion, the raw laboratory test result sheet will be reviewed by laboratory supervisors and logged out of our LIMS system. Once logged out, it can be recalled instantaneously in LIMS by RMA Group project team members at any time. Logged out tests will also be automatically entered into our project management software to appear on the next invoice to the City. The project manager is notified when test results are complete, and our professional staff delivers a formal report of the results to the project manager for review. Once approved by the project manager, laboratory test reports are submitted to the City. testing will consist of materials testing of asphaltic concrete used in the construction of private roadway and parking area improvements. These services will include monitoring the temperature and rolling procedure and the determination of the in place density testing of asphalt concrete using the nuclear gauge (ASTM D2950). Laboratory testing will be performed to determine the laboratory test maximum density of the asphaltic concrete in accordance with ASTM D2041. A written report summarizing the results of all tests performed will be prepared upon completion of the work. Fireproofing Inspections will be performed by an ICC certified inspector during the application of sprayed fire resistant materials. The certified inspector will perform periodic inspections to verify that the substrate to receive fire resistant coatings has been properly prepared and is at the correct temperature. He will monitor the thickness of the application to verify the minimum thickness is achieved and will make periodic inspections to verify the condition of the finished application. Our inspector will obtain field samples of the fire resistant materials and return them to the laboratory for density determination in accordance with ASTM E605. Written reports of all tests presenting applicable information would be prepared at the completion of testing. Masonry inspections will be performed by an ICC certified special inspector during the placement of the masonry work, reinforcing steel placement, and grout placements. He will perform periodic inspection of the masonry work for fit up, jointing and the general details of the work being constructed. He will provide periodic inspection to verify the proper size and placement of reinforcing steel and embedded anchors. Our inspector will provide continuous inspection during the placement of grout and mortar to verify proper application techniques. Our inspector will sample fresh grout and mortar to obtain samples for strength testing. Reinforcing steel inspections will be performed CONSTRUCTION SPECIAL INSPECTIONS to give assurance that the supplier is exercising All special inspectors dispatched to City of Santa satisfactory control over production, fabrication and Ana projects will be properly certified and will have a placing of reinforcing to ensure compliance with the minimum of five years of experience working in the City project specifications, applicable codes and industry of Santa Ana and surrounding areas. All inspectors standards. We will provide an ICC certified special and technicians dispatched by RMA Group are full- inspector to perform inspection of the concrete form time employees that have been properly trained on work and reinforcing steel placement. The field our quality control procedures. inspector will perform inspections of the formwork for shape, location and dimensions of the concrete City ehcilnspection and compaction mer2ger- p"g formed. The field 7hGW_tzyY will also RMA Group RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES rvi,yPn,)-rt Matters'., www.mm<orr,Pcmnscorr, CITY Or SANTA ANA 20-1600-P SEPTEMBER 30,2020 Paget LIH101445-1 lkl101►RD]A014401 provide inspection to verify the proper size and RMA Group staff will be able to very quickly reproduce placement of reinforcing steel and embedded anchors. any relevant reports or laboratory test results using LIMS, reducing delays that otherwise might result We will also verify steel mill test reports, sample material (if required), and inspect the fabrication. Written progress reports will be provided. Reinforced concrete inspections will be performed continuously during the placement of concrete to verify that the class of concrete ordered is being delivered and conforms to the specifications, drawing and/or code requirements. Slump tests, entrained air, temperature, unit weight (when required) and concrete sampling will be performed during all concrete placements. The samples will be delivered to our local laboratory, cured in a controlled environment and tested for compression strength. Structural steel and welding inspections are performed to assure that proper quality control is exercised at the shop and field. The certified welding inspector will perform inspections before, during, and after welding. We will provide an inspector that has been certified by County of Las Angeles for welding. The observation would consist of inspection of all welds made in the shop and / or field for compliance of the approved plans and job specifications. The inspector shall make a systematic record of all welds, including a list of defective welds and a manner of correction of defects. The inspector will check the material, equipment, details of construction and procedures, as well as the welds. Our inspector will perform inspection during fit up and fabrication of structural steel to verify the materials utilized are property marked and traceable. The inspector will collect mill certifications for the materials and inspect joint details to verify conformance at each connection. Non Destructive testing of the completed welds will be performed as required. The inspector may use Ultrasonic(UT), Magnetic Particle(MT) or Dye Penetrant(PT) as appropriate to inspect completed welds and assure the adequacy of the welding PROJECT CLOSE-OUT Upon project completion, the City may need closeout documents or testing professional staff will be able to recall all daily inspection reports and all laboratory test results using our LIMS software. This allows for easy access to information and inspection summaries. Our testing and inspection summaries for the entire project can be put together efficiently. If there are any outstanding issues as the project comes to a close, from having to track down physical files. QUALITY ASSURANCE AND QUALITY CONTROL Quality is an intrinsic part of RMA Group's operations. It is the first topic on every management agenda, and it permeates the daily activities of every employee. Our internal Quality Control program reflects our specific commitment to go beyond mere compliance with basic requirements. The program is a major piece of RMA Group's mission, to provide quality laboratory testing services meeting a broad range of our clients' needs. The objective of RMA Group's Quality Control Program is to ensure that the test data we provide meet our clients' quality objectives. In most cases, the aspects of quality that concern our clients most are the accuracy, precision, and completeness of our test results. We maintain control of our test results through the use of technical oversight by registered civil engineers, internal audits of project documentation, our continual participation in reference sample programs and through training and proficiency evaluations for all of our technical staff. All of the field and laboratory tests performed for projects will be performed under the responsible charge of a registered civil engineer who will provide technical oversight of RMA Group's field and laboratory activities. Technical oversight includes reviewing test data and reports for precision, accuracy and completion and monitoring the procedures and equipment utilized to perform testing to verify conformance with relevant specifications. Laboratory staff is directed to immediately report unusual observations or findings to the engineer in responsible charge of the laboratory. This allows the engineer to evaluate the test procedure and results and make a determination regarding the validity of any unusual findings. Page 9 21 273 7/6/2021 yRM rz RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES immn s+ CITY Or SANTA ANA 20-1600-P SEPTEMBER 30, 2020 A Group flYIEf3',, www. rmnmmpnnics com City Council RELEVANT PROJECT EXPERIENCE FOX STREET TANK PROJECT I PERRIS, CA Owner: Eastern Municipal Water District (EMWD) Contact: Fermin Balvaneda 1951.928.3777 Project Status: 2016 - 2019 Construction Cost: $3.5 Million Part of RMA Group's on -call contract with FMWD, we provided grading observation and testing, special inspection of reinforced concrete construction, and other lab testing as needed for this 1MG tank installation and valve/pipeline connection project. NEW WATER QUALITY LABORATORY I CHINO, CA Owner! Inland Fmpire Utilities Agency Contact: Jerry Burke 1 909.993.1548 Project Status: 2016 - 2018 Construction Cost: $17.8 Million RMA Group observed and approved the preparation of existing ground, observed placement, processing and compaction of fills, performed field compaction tests of the processed existing ground and fills, laboratory testing on soils, and prepared a comprehensive Reotechnical report for this project. PITCHESS DETENTION FACILITY RENOVATIONS/ IMPROVEMENTS I LOS ANGELES, CA Owner: County of Los Angeles Contact Greg Johnson 1 626.458A741 Project Status: 2019 - 2020 Construction Cost: $15.5 Million RMA Group provided soils inspection and testing for excavation and backfill and special inspections and testing for reinforced concrete, masonry, steel fabrication, and anchor installation for this jail renovation project. PHILLIPS RANCH ROAD / SR60 IMPROVEMENTS I POMONA, CA Owner: City of Pomona Contact: Matt Filar 1 909.620.2261 Project Status: 2019 - 2020 Construction Cost (total project): $107 Million RMA Group provided soils compaction testingfor the backfill of subgrade soils for the replacement concrete ramps, curbs, gutters, and sidewalks within the Caltrans right-of-way, part of an overall SR60 improvement project. CAMERON AVENUE PAVEMENT REHAB I WEST COVINA, CA Owner: City of West Covina Contact: Miguel Hernandez 1 626.939.8400 Project Status: 2018 Construction Cast: $950,000 RMA Group provided construction inspection and testing for quality control of the pavement rehabilitation conducted installing rubberized asphalt concrete, repairing damaged curbs, gutters, and sidewalks, adjusting ramps, 21 — 274 7/6/2021 RMA Group RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES Cv,ryPeciy(t Matters'., www.rrrio<ornPonn.�r.,,rr, CITY Of SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page 10 oil r '✓IN11,11, G jt( n c Z TIC v59 a W W _ � x W uU N � J N Q u o z w O azi E2 ^, - t X _^ c - F qpj d C3, O Q J x t V 4 t c a u = o r vju e eY 13L a FS oil IN Ffdl:1401114 *41 a 0144 V1 4 WA STAFFING AND RESOURCE MANAGEMENT PLAN Since our daily operations are customer service focused, we have an excellent reputation for responding to urgent and last minute client requests. All involved in a construction process would prefer to follow a set schedule of work; however, anybody who has been involved in a construction process knows that rarely does work progresses in strict accordance to the schedule. Therefore, we fully expect that urgent or last minute requests from the City will occur and are prepared to accommodate them. All of our staff, from the Principal -in -Charge through our Dispatcher and the field staff, are fully dedicated to accommodating surh requests to eliminate any negative potential impacts to the project schedule or cost. Additionally, our employees are provided company vehicles so travel is never an issue. Cven out of state inspections may be performed easily by our staff or one of our associates located at the out-of-state locations. REFERENCES RESPONSIVENESS We will provide certified personnel to perform the inspection, testing, oversight, and reporting as required. In order to provide timely responses to testing requests RMA requests a 48 hours of notice prior to inspections/testing. RMA Group is fully prepared to provide resources within 24 hours notice. We understand sometimes circumstances arise that may not allow for advanced notice and RMA will always strive to provide as quick of a response as possible to all project requests to limit any delays in progress. RMA Group will provide ensile testing and laboratory testing services in conformance with the City's QAP, Caltrans standards, and other oversight agency standards to ensure that schedules and frequencies are met for data results and distribution to your City's construction team. ,, iicammin mni,✓m 6,,Nllosn uuuuuuuuuuuuuuui COUNTY OF SAN BERNARDINO 82S Last I hird Street, Room 11/ San Bernardino, CA 92415 Medhat Matta I Pavement Management Lngineer 909.397.2060 RMA Group was chosen to provide on -all geotechnical engineering services to the County of San Bernardino. 2016 - Ongoing COUNTY OF LOS ANGELES 900 South Fremont Avenue, 8th Floor Alhambra, CA 91803 Greg Johnson I Project Manager 626AS8.1741 RMA Group hos been providing on cill services to the County of Los Angeles since 2011. Services include geotechnical engineering, materials testing, and special inspections. 2011 - Ongoing CITY OF LONG BEACH 333 S. Beaudry Avenue Los Angeles, CA 90017 Marc Wright I Construction Service Officer S62.S70.S791 RMA Group is providing on -call services to the City of Long Beach. Services include materials testing, and special inspections. 2016 - Qn,gni ng Citv Council 21 — 277 7/6/2021 I imm0 r"I.r��i RMA Group I?rrry Prajsx Mattersiw w_rmocomponles com RFP NO: 20-111 I MATERIALS TESTING & SPECIAL INSPECTION SERVICES Page 13 ! CITY Or SANTA ANA ! 20-1600-P ! SEPTEMBER 30, 2020 n v IM m z 0 X m m c 3 m w City Council 21 — 278 7/6/2021 APPENDIX RESUMES SLAWEK DYMERSKI PE, GE I PRINCIPAL -IN -CHARGE Mr. Slawek Dymerski has more than 2S years of engineering experience, including 19 years In project management. He has been Involved In all aspects of field exploration and data analysis for a wide range of pavement evaluation, construction inspection, geotechnical exploration, and design projects involving materials tests an asphalt concrete, Portland cement concrete, masonry, sells, aggregates, and steel by DSA, Caltrans, ASTM, and AASHTO test methods. He brings experience in geotechnical services from the early planning, site investigation, Iahoratory Testing, data analysis, and report preparation through grading and construction with robust knowledge of Title 24 requirements and dellverables. He has managed o wide range of projects with varying geologic conditions and constraints and proven his skill in scheduling, hudgering, and managing cnmplex assignments. COUNTY OF SAN BERNARDINO ON -CALL SERVICES, SAN BERNARDINO Principal -In -Charge I Mr Dymerski serve. o. Principal In Charge for the County of Son Bernardino On Call contract. RMA Group provides on -call geotechnical and geologic services for road paving projects for a tern of three years. Services we provide to the County under this contract include, but not are. limited to, quality control investigative services for County projects and typical geotechnical services for road paving projects. LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS, LOS ANGELES Principal -In -Charge I Mr. Dymerski is the Principal -In -Charge for the On -Call Los Angeles project. RMA was contracted in 2011 for a three year with two option year as -needed geotechnical, materials testing and inspection services contract. Services provided to the Cnunty include geotechnical investigations for various county facilities. DEPARTMENT OF WATER RESOURCES ON -CALL, VARIOUS LOCATIONS Principal -In -Charge I RMA Group was contracted by the California Department of Water Resources (DWR) to provide on -call services for a variety of water projects in the state. Mr. Dymerski is responsible for allocating and ensuring that all staff and testing resources are available. Projects include Phase I Crafton Hills Reservoir Enlargement, Citrus / Crafton Hills Pump Station Expansion, and Perris Dam Remediation Project. INLAND EMPIRE UTILITIES AGENCY ON -CALL, VARIOUS LOCATIONS Principal -In -Charge I Mr. Dymerski is responsible for allocating and ensuring that all staff and testing resources are available for this contract. RMA Group has been providing construction and welding inspection, soil engineering during design and construction, and materials testing for the past 17 years to the Inland Empire Utilities Agency. During this time, RMA Group worked on all five of this agency's water treatment plants, the RP Administration and Operation Building, Peaker Plant, and Wetland Restoration Project. 3RD AVENUE SIDEWALK CRACKS, CHULA VISTA Principal -In -Charge I Mr Dymerski is the Principal -In -Charge for a multi -year on -call contract with the City of Chula Vista and oversees the technical aspects of RMA Group's service offerings. For this project, the City of Chula Vista requested RMA Group to investiga Le severe sidewalk cracking on 3rd Avenue near I Street. The sidewalk was crdcking and upheaving in varying paLLerns over a course of approximately 200 feet. RMA Group quickly dispatched an engineering geologist to the site to visually inspect the sidewalk, surrounding soil types, and nearby features that may be contributing to the cracking. RMA Group conducted materials testing services Lo dLLernpl. Lo deLerrnine specific causes for Lhe crdcking so iL can be prevented in the future. RANDALL AND JUNIPER TRAFFIC SIGNAL, FONTANA Principal -In -Charge I Mr. Dymerski served as Principal -In -Charge for the Randall and Juniper Avenue Project. The City of Fontana's Randall Avenue at Juniper Avenue Traffic Signal Project consists of installing a fully signalized intersection and will also include the reconstruction of access return ramps at all four corners with minor sidewalk improvements. RMA Group is providing technical oversight, documentation, internal audit procedures, material testing, compaction testing, reinforced concrete sampling, and laboratory materials testing. CHANNEL 12KV CIRCUIT #1, MORENO VALLEY Principal -In -Charge I Mr. Dymerski served as Principal -In -Charge for the Channel 12KV Circuit Project. The project included the installation of electrical conduit from the proposed ((itching Substation to an electrical interconnect location within the Lasselle Sports Park. This involved boring under the Perris Valley Channel Lateral A, trenching across El Potero Park, and attachment to a pedestrian bridge over the Kitching Channel. City Council RMA Group I:vciy Prvjar! Matters www.mmtorripanustorri 21 - 279 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA ' 20-1600-P ' SEPTEMBER 30, 2020 Page i APPENDIX RESUMES RAYMOND ROBLERO I PROJECT MANAGER Mr. Raymond Roblero has more than 13 years of experience in the construction industry and nearly, decade of experience as an Operations / QC Manager. He also has hands-on experience as afield technician and deputy inspector. Ray is responsible for managing the operations department and field personnel to provide quality customer service. His duties include monitoring projects to ensure adequate inspection and testing personnel are provided, rnaterials are sampled as required for quantity, and provides oversight arid assurances of integrity of field personnel and quality control procedures. He also makes on -site visits to guarantee the adherence to industry standards and proper operating procedures by field personnel. fti i /, f,l'fri r it f if, rr 'i r,fliil / i 'ifli i i,r fl: CITY OF LONG BEACH ON -CALL, LONG BEACH Operations Manager/Project Manager I On -call contract which included providing deputy inspectors, soils technicians and professional engineers. Ray managed budgets, and inspector dispatch/assignments and was the main point of contact and liaison between the client and laboratory staff for this contract. Addiitonallg he performed inspections as needed. COUNTY OF LA CONSTRUCTION INSPECTION & RELATED SERVICES CONTRACT AND THE COUNTY OF LA BUILDING INSPECTION CONTRACTS, LOS ANGELES Operations Manager I Mr. Roblero served as Operations Manager for the Construction Inspection and Related Services contract and the County of LA Building Inspectlon contracts. He coordlnated Inspection activities and ensured that any staff sent to a project site were properly certified and experienced to perform the inspections that have been requested, and that they were properly equipped. He held regular training sessions to ensure that the staff members assigned to each project were instructed and updated daily as to the specific project plans and specifications and any special reporting protocols and job oiLe safely requiiernento. CARLSBAD DESALINATION PLANT, CARSSBAD Project Manager/Operations Manager I The Carlsbad desalination project in San Diego County, California US, is the largest desalination plant in Lhe wesLern hemisphere. The Sl Billion project is the first large-scale desalination plant On Lhe WesL Coast, privately financed and developed by the Poseidon Resources Corporation (Poseidon). Ray managed budgets, and inspector dispatch/assignments and was the main point of contact and liaison between the client and laboratorystaff forthis contract. Addiitonally, he performed inspections as needed. LAWA- ON -CALL CONTRACT, LOS ANGELES Executive Operations Manager I Mr. Roblrro was in charge of overseeing the day to day operations and organization of this project. His dunes included assisting with the dispatch of inspectors to site locations, making site visits to ensure quality service was provided, and overseeing in-house upera Lions including conducLing quality LunLrol concerning all payroll and billing. CITY OF SANTA ANA ON -CALL, SANTA ANA Operations Manager I Ray managed budgets, Inspectors, Main point of contact, liaison between the client and Laboratory staff, and performed inspections as needed. VITA ORANGE LINE EXTENSION, ORANGE Project Manager/Operations Manager I The extension project is one of the first Measure R-funded projects to begin construction. The extension will begin at the Canoga Park terminus and end at the Chatsworth Metrolink/Amtrak Station. Four new stations will be added along the way, including Sherman Way, Roscoe, Nordhoff and the Chatsworth Metrolink station. The extension project also features landscaping, a new 207-space Park & Ride facility at the Sherman Way Station and a bike/pedestrian path adjacent to the busway. Ray managed budgets, Inspectors, Main point of contact, liaison between the client and Laboratory staff, and performed inspections as needed. SR-22 ASSESS IMPROVEMENTS, GARDON GROVE Project Manager/Operations Manager I the Garden Grove freeway (SR-22) is an integral part of Southern California's freeway nptwnrl<. Tn address sperific freeway and meal street cnngpstinn at Rrnokhurst Street, Fuclid Street and Harbor Roulevard, intprrhangps access improvements were included in Measure M2 (also known as OC Go). Utilising savings from Measure M1 (20-year half cent sales Lax for Lransporta Lion improvements), LheSe irnprovernents were expedited and funded as part of a larger bonus project, Lhe SR-22 Imprnvpment Prnjprt which added carpnol lanes the entire length of the SR-?? freeway. Reconstructed three OC Go SR-77 freeway interchanges at Euclid SLreeL, Harbor Boulevard, and Brookhurst SLreeL improving Lraffic now On city streets. Reduced back-up On Lhe SR-22 freeway on -and off -ramps by adding additional ramp capacity LhaL were needed and alleviating congestion aL the interchanges_ t 1pgradpd and mndifipd signals and rpsurfacpd the city strppt with improved striping and signagp at the intprrhangps. Ray managed budgeLS, inspector dispaLeh and assignments and was Lhe main point Of contact and liaison between Lhe client arid CityLftG'hZN staff. He also performed Inspections as nee — 280 7/6/2021 RMA Group RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES I:vi,yl)eczyrt Matters'., www.mio<orriPannscorri CITY Or SANTA ANA 20-1600-P SEPTEMBER 30,2020 Page 11 APPENDIX RESUMES KEN DOWELL, PG, CEG I PROJECT GEOLOGIST Mr. Ken Dowell has extensive experience in southern California during planning, design and the constnrrrinn of commercial and industrial properties, pducarion, residential, and municipal projects. He is experienced in field investigation and mapping, analysis of geologic and environmental data, and report preparation. Projects have included land planning snrdips, fault invpstigarions, seismic ha]ard analysis, liquafarrinn determination, shoring design, landslide investigations, ground fissure investigations, hydrocollapse evaluations, rippability and blasting evaluations, land subsidence evaluations, alluvial removals, uit slope stahility, and percolation testing. itl , r„c Ci . i iV` I V 'A % K CVWD RESERVOIR 88, 4177 HAVEN AVENUE, RANCHO CUCAMONGA Project Geologist I Mr. Dowell served as the Project Geologist for the RESERVOIR 8B Project, ensuring that all staff and testing resources are available fur this major water project. RMA Group provided geotechnical investigations including, geographical research and reconnaissance of the site, geotechnical exploration, and preparing a detailed report for foundation and footing designs of stool reservoir tanks at Reservoir Site 8B located at 4177 Haven Avenue in the County of San Bernardino. RMA Group preformed rnobilization, subsurface field investigation, laboratory testing, geotechnical engineering analysis, and report preparation. CUCAMONGA VALLEY WATER DISTRICT COMMUNICATION TOWERS, RANCHO CUCAMONGA Project Geologist I Mr. Dowell served as Lhe PrujecL GeulugisL for the Cucarnunga Valley Water DisbiLL Cumrnunicd Lion Towers Project. RMA Group conducted an investigation to summarize geutechnical and geologic conditions at the sites to assess their potential impact on the proposed development and to develop geotechnical and engineering geologic design parameters. FIRE CAMP 14, SANTA CLARITA Project Geologist I Mr. Dowell was the Project Geologist for the Fire Camp 14 Project. RMA Group performed a grotcchnical engineering investigation for the project. The project consisted of a new water storage tank and a 12' x 18' one story prefabricated building water treatment plant building. The tank is on a hillside pad that was occupied by an existing water tank and the plant building is located on the floor of San Francisquito Canyon in an open space huddling behind another building. THE PRESERVE SEWER LIFT STATION, CHINO Project Geologist I Mr. Dowell served as Project Geologist for The Preserve Sewer Lift Station Project.RMA Group performed geotechnical investigation for a proposed sewer fiftstation and sewer line extension. Services included a field investigation, laboratory Lesting and geotechnical engineering design recommendations including Lemporary slope and Lrench sLabiliLy, corrosion analysis, trench excavation and backfill recommendations, dewatering and construction recommendations for to shallow groundwater, drilled pile design recommendations. WHITEWATER RIVER BASIN IMPROVEMENT PROJECT, AVENUE 38 AND WASHINGTON STREET, THOUSAND PALMS Project Geologist I Mr Dowell was the project Geologist for this project. A gentechnical / foundation investigation and pavement design report has been completed for the proposed reconstruction of the Mirasera Flood Control Channel and relocation of approximately 7,000 feet of Avenue 38 in Thousand Palms, California. The purpose of the study was to summarize gentechnical and geologic conditions at the site, to assess their potential impact on the proposed construction, and to develop gentechnical and engineering geologic design parameters. PROPOSED SEWER MAIN REPLACEMENTS THROUGHOUT RIVERSIDE, RIVFRSIDF Project Geologist I Mr. Dowell was Lhe project GeologisL for Lhis ProjecL. RMA Group performed geotechnical investigation forsewer main replacements Lhroughoul Lhe CiLy of Riverside. Services included a field investigations, laboratory LesLing, and geotechnical engineering design rernmmendations including geologic conditions, which included alluvial soil and granitic bedrock encountered in Lhe viciniLy of Lhe proposed sewer main replacemen[s. CARLSBAD DESALINATION PLANT [POSEIDON PROJECT], CARLSBAD Project Geologist I Mr. Dowell was assisted with the gpntprhnical invpsrigarinn and preparatinn of soils rppnrta for the Carlsbad Desalination Plant Project. RMA Group provided materials testing and inspection on both the construction of the desalination plant and its associated nn-site facilities and of the installation of 10-mile pipeline and the preliminary construction of the Aqueduct Connprtlnn Facilities. Thpsp phasps will nitimatply concert The dpsAllnation plant With the Water SapplipS in the Siirrnllnding rltips. City Council RMA Group I:vciy Prvjrr! Matters www.mmtorripanustorri 21 - 281 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page iii APPENDIX RESUMES CARL BACHLER, PE I LABORATORY MANAGER Carl Bachler has more than 12 years experience in geotechniral engineering and materials testing for all types of projects Including water Infrastructure, public and private development, education, transportation, and quality management. Carl is engaged in concrete and asphalt paving operatinns throughout the cnnstrurnon cycle, from Inlral project review for bid estimation to preparation of final reports and pay factor calculations. Carl has assisted with the development of concrete mix designs and directed the rJevelnpment of numerous hint mix asphalt job mix fnrmulas. Projects on which Carl has served as Project Engineer include water / wastewater, pipelines, K-8 and higher education projects, municipal facilities projects, public works projects, and major transportation projects. i //, I ,i r, I t A" r r / . 'I / M CITY OF LONG BEACH, ON - CALL CONSTRUCTION MATERIALS TESTING AND INSPECTION, LONG BEACH Laboratory Manager 1 Mr. Bachlrr is serving as Laboratory Manager for the City of Long Beach On -Call Contract. RMA Group was chosen to provide on -call materials testing and inspection services for the City of I ong Reach. We are providing qualified personnel and coordinating our efforts with the on -site Construction Inspector, including, scheduling of work, and coordination of the contractors and any other persons on the. site of various Capital Improvement projects and other City projects. POSEIDON DESALINATION PROJECT, CARLSBAD Project Engineer 1 Mr. Bachler is responsible for providing engineering analysis and supporting the CIA team in the development of the Quality Assurance Plan for this project. Working with the Laboratory Director and lab staff, he is responsible for ensuring that material sampling and tests are performed in accordance with the project's Quality Assurance Plan. RMA Group is currently providing materials testing and inspection on this project. CITY OF GLENDALE, BEELINE MAINTENANCE FACILITY, GLENDALE Laboratory Manager 1 Mr Bachler is providing laboratory management services for the Beeline Maintenance Facility Projectfor the City of Glendale. RMA Group is performing inspection and testing, compaction testing, laboratory testing of concrete and steel materials used in construction, anchor bolt inspection and testing, structural steel fabrication and welding as well as any other laboratory testing services as required during the construction of the facility. CITY OF FONTANA, SAFE ROUTES TO SCHOOL, FONTANA Laboratory Manager 1 Mr. Bachler is serving as Laboratory Manager far the Safe Routes to School Project. RMA Group is providing field testing and inspection forthe project Including, observation, sampling, densltytests during grading, subgiade preparation, placement of asphalt, including observation of the lay -down operations and obtaining wet samples and field density tests. We are also sampling the concrete placed for the curb and gutter, sidewalks, driveways and access ramps. RMA Group is also proving providing a laboratory testing of solls, aggregates, concrete cornpresslon strength, and asphalt concrete, including maximum density, optimum moisture content, sieve analysis, sand equivalent, extraction (percent asphalt), and asphalt concrete maximum density. MULHOLLAND DRIVE AND WILSHIRE BOULEVARD BRIDGES AT 1-405, LOS ANGELES Laboratory Manager 1 Mr. Bachler was part of the third party quality assurance team, provided detailed lab test documentation in accordance with the. Caltrans standard specifications. Carl reviewed internal test data, and evaluated subconsultant facilities and procedure,. The Mulholland Drive and Wilshire Boulevard Bridges are two of three bridges that were demolished and reconstructed to accommodate the widening of the 1-40S freeway. HOLLYWOOD BURBANK AIRPORT, BURBANK Laboratory Manager 1 Mr. Bachler is serving as Laboratory Manager for the City of Long Beach On -Call Contract. RMA Group has provided professional design and testing services at the Bob Hope Airport since 1978 and has held six mule -year contracts since 1986. Our first project at the airfield was a pavement evaluation, which consisted of evaluating all of the existing pavements and providing design recommendations for asphalt concrete overlays and general maintenance of the airfield. RMA has provided professional services on more than SO additional projects at the Bob Hope Airport including providing design recommendations for new pavements, inspection and analysis of pavement conditions, development of construction specifications, and identification of pavement failures with determination of the cause. SR•60 / NASON STREET INTERCHANGE, MORfNO VAI I FY Laboratory Manager 1 Mr. Bachler was responsible for accuracy and documentation for tests completed for quality assurance including Asphalt Concrete, concrete and geotechnical testing for roadway, and ramp excavation. The SR-60 / Nason street Interchange Phase I project entailed new ramps and traffic signals in preparation for the future replacement of the hridge. All four nn- and n auxi iary anes were reconstructs , an n widened south o t ate the new Cit�9 $`f]C�I °7i6` ri ge alignment. RMA Group RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES Cvi,yPeciyrr Matters'., www.rrnocorriPoru<.,r.orr, CITY Of SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page iv APPENDIX RESUMES MARTA LANDAVERDE J LABORATORY SUPERVISOR Ms. Marla Landaverde has nearly �,0 years of applied experience. She is engaged in concrete and asphalt paving operations throughout the construction cycle, from initial projecL review for bid estiniaLion to preparation of final reports and pay factor calcula Lions. Marla has directed Lhe development of numerous hot mix asphalL job mix formulas and assisted with the development of concrete mix designs. Agencies overseeing projects Ms. Landaverde has worked on include- Caltrans, FHWA, FAA, METRO, Expo, OCTA, DSA, USACE, as well as numerous other municipalities and private organizations. 1-405 / SEPULVEDA PASS WIDENING PROJECT, LOS ANGELES Laboratory Supervisor I Ms. Landaverde provided laboratory testing and supervision of technicians' tests of materials used for this major transportation improvement project. Materials tested included structural steel, reinforcing steel, steel couplers, and hoops, NACE inspection of coatings and all of the conventional roadway materials testing and structural inspections for concrete, aggregates, soils. and asphalt concrete pavements. This project involved the construction of a high profile, 51.1E highway widening project that included removal, replacement, and/or widening of over 20 bridges, installation of MSE retaining walls, realignment of 27 on and off -ramps, and widening of 13 existing underpasses and structures to reduce traffic congestion. The new Mulholland Bridge, profilc. was widened to be 82' wide and G08' long with placement of new columns in the new freeway lane (a HOV lane) that was built on the northbound side of 1 405. KRAMER AVENUE GRADE SEPARATION, PLACENTIA Laboratory Supervisor I Ms. Landaverde provided laboratory testing and supervision of technicians' tests of materials used for this major transportation improvement project. Matrrials tested included structural steel, reinforcing steel and all of the conventional roadway materials testing and structural inspections for concrete, aggregates, soils, and asphalt concrete pavements. Project consists of a one -million -pound structural steel underpass bridge for the BNSF rail line and lowering Kraemer Boulevard and Crowther Avenue by approximately 2S feet_ In order to house the. underpass, 130,000 cubic yards of excavation and cast in place. and secant pile. retaining walls using 4,000 cubic yards of structural concrete and 31,000 lineal feet of concrete piling. METRO GOLD LINE PHASE 2A, FOOTHILL EXTENSION, PASADENA TO AZUSA Laboratory Supervisor I Ms. Landaverde provided laboratory testing and supervision of technicians' tests of materials used for this major transportation improvement project. Materials tested included structural steel, reinforcing steel and all of the conventional roadway materials testing and structural inspections for concrete, aggregates, soils, and asphalt concrete pavements. This phase of the Expo Line extends light rail service from Culver City to Santa Monica and includes seven new stations serving the extension. PLACENTIA BOULEVARD GRADE SEPARATION, FULLERTON Laboratory Supervisor I Ms. Landaverde provided laboratory testing and supervision of technicians' tests of materials used for this major transportation improvement project. Materials tested included structural steel, reinforcing steel and all of the conventional roadway materials testing and structural inspections for concrete, aggregates, soils, and asphalt concrete pavements. This project constructed a vehicle underpass atthe intersection of Placentia Avenue and the BNSF railroad. As part of the project, the roadway will be lowered to separate car traffic from train traffic. RMA Group services include concrete and welding inspections of roadway, bridge, pile construction, and tranch backfill observation. CRENSHAW / LAX LRT, CRENSHAW Laboratory Supervisor I Ms. Landaverde provided laboratory testing and supervision of technicians' tests of materials used for this major transportation improvement project. Materials tested included structural steel, reinforcing steel and all of the conventional roadway materials testing and structural inspections for concrete, aggregates, soils, and asphalt concrete pavements. City Council RMA Group 1:vciy Prvjrr! Matters www.mmtorripanustorri 21 - 283 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page v APPENDIX'S, RESUMES JENNIFER MOORE 1 PUBLIC WORKS FIELD TECHNICIAN Ms. Jennifer Moore has more than 20 years of experience in construction quality management, inspection and testing that spans a variety of high profile public works projects. She has hands-on experience as an inspector and technician and has progressively increased her level of responsi hi l ities throughout her career. She has in-depth knowledge of the standard tools and equipment utilized in construction and in the sampling and testing of construction materials as well as knowledge of mathematics and the methods used for computation of construction items. IfI // -I I I I ( /I?./ I"I/I.,II kI 1-15 / 1-215 DEVORE INTERCHANGE IMPROVEMENTS, SAN BERNARDINO COUNTY INTERSTATE 10 / ETIWANDA AVENUE INTERCHANGE, ONTARIO STATE ROUTE 210, SEGMENTS 9, 10, & 11 AND SEGMENT 11 EARLY PROJECTS, SAN BERNARDINO COUNTY 1-405 / SEPULVEDA PASS WIDENING PROJECT, LOS ANGELES STATE ROUTES 215 / 60 / 91 INTERCHANGE, RIVERSIDE JERRY LEYBA I PUBLIC WORKS FIELD TECHNICIAN Mr. Jerry Leyba has more than 13 years of increasing responsibilities performing sampling, laboratory testing and field testing in accordance with Caltrans and AS"TM test methods for soil, aggregate, hot mix asphalt and Portland cement concrete. Projects include paving for highway and various street improvement projects. Fie has worked on Caltrans QC/QA street paving projects in the capacity of batch plant inspector and street paving inspector. lI I,t'-/"r I /II I/rdl r KRAEMER AVENUE GRADE SEPARATION, PLACENTIA PLACENTIA AVE GRADE SEPARATION, FULLERTON 1-405 FWY / SEPULVEDA PASS, I...CIS ANGELES 1-15 PAVEMENT REHABILITATION, CORONA ROUTES 215, 60, 91 INTERCHANGE, RIVERSIDE STATE ROUTE 30 —SEGMENT 9, SAN BERNARDINO COUNTY ... City Council 'XRMA Group Eva yPrrjeu Matters www.rmaromponles [rom 21 - 284 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES I CITY OF SANTA ANA 20-1600-P ! SEPTEMBER 30, 2020 Page vi APPENDIX'S, RESUMES FRANK GONZALES I PUBLIC WORKS FIELDTECHNICIAN Mr. Frank Gonzales has more than 12 years experience in inspection/testing of masonry, fireproofing, concrete, pre -stressed concrete, and Caltrans work. He has worked on a wide range of projects including highway paving and rehabilitation improvements, and transportation Structures such as grade separations. Other experience includes schools, land development, and public and private facilities. His duties include compaction density testing by nuclear gauge and sand cone methods, bolt pull testing and bolt torque testing, and observation and documentation of operations in the field. !r I .(' I / r /I /H I , / I I (' ( U NOGALES GRADE SEPARATION, SAN DIEGO METRO GOLD LINE: PHASE 2A FOOTHILL EXTENSION, AZUSA RT 1-14/1-405 SOUNDWALLS & BRIDGE WIDENING, MISSION HILLS GROVE AVENUE & 6TH STREET SEWER IMPROVEMENT, ONTARIO. 1-405 SEPULVEDA PASS WIDENING, LOS ANGELES STATE ROUTE 210, SAN BERNARDINO COUNTY TROY RAY I PUBLIC WORKS FIELD TECHNICIAN Mr. Troy Ray has been a Materials Testing Technician with RMA Group since 2011. Troy has performed sampling, laboratory testing and field testing in accordance with Caltrans and ASTM test methods for Portland cement concrete and rapid strength Concrete. (_1 li f 1 11 i ( PP r /I iI I'i I REDLANDS BOULEVARD BRIDGE REPLACEMENT, RCTC 215/74 INTERCHANGE PROJECT, PERRIS SUNSET BOULEVARD & SKIRBALL CENTER DRIVE BRIDGES, 1-405/SEPULVEDA PASS IMPROVEMENT PROJECT, LOS ANGELES COUNTY EXPO 1, FARMDALE LIGHT RAIL PROJECT I VENICE-ROBERTSON STATION, LOS ANGELES COUNTY LOS ANGELES METRO, SR210 SOUNDWALLS & BRIDGE WIDENING$, LOS ANGELES COUNTY OMNITRANS sbX E STREET CORRIDOR, SAN BERNARDINO COUNTY ... City Council RMA Group I ives yPrrjeu Matters www.rmaromponles [rom 21 - 285 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES I CITY OF SANTA ANA 20-1600-P ! SEPTEMBER 30, 2020 Page vii APPENDIX'S, RESUMES BRENT CARROLL I PUBLIC WORKS FIELD TECHNICIAN Mr. Brent Carroll has more than 1.0 yearrs of industry experience, substantially increasing his project experience in materials sampling and field testing. Brent has performed sampling, laboratory testing and field testing in accordance with Caltrans and AS-IM test methods. Projects include paving for highway and various street improvement projects concentrating on HMA and recyceld paving materials. I( // i I I I i/ /[ I/ I/ I T I],] `1' 050 PARKWAY BRIDGE AT ROUTE 241, RANCHO SANTA MARGARITA CAMERON AVENUE REHABILITATION PROJECT, CITY OF WEST COVINA ROUTE 38 HMA I CALTRANS ff08-1G8204, FROM AGATE AV ENUE TO VALLEY OF THE FALLS DRIVE, REDL.AND EL MONTE STREET RECONSTRUCTION, EL MONTE CAMPO ROAD IMPROVEMENTS AT STATE ROUTE 94, SAN DIEGO COUNTY CENTURY BOULEVARD MOBILITY IMPROVEMENT PROJECT I P212, INGI.EWOOD LOUIS RILEY I PUBLIC WORKS TECHNICIAN Mr Louis Riley has in-depth experience as a Field and Laboratory Technician. Hestarted in the industry as an aggregate crushing quarry. His responsibilities included quality control, safety training, heavy equipment operation and maintenance, and plant inspection and repairs. Louis' areas of expertise include Caltrans, sampling of materials, concrete testing, laboratory testing, field qualifications, production start-up, and trial slabs. 11 l P '' r l I i,l / r/ /f f/ I 1-10 POMONA TO REDLANDS ISR / RSC, SAN BERNARDINO COUNTY 1-10 YUCAIPA RSC / ISR, YUCAIPA ROUTE 5 IMPROVEMENTS, ORANGE COUNTY SR-91 CORRIDOR IMPROVEMENTS, ORANGE COUNTY AND RIVERSIDE COUNTY ROUTE SS / 91 IMPROVEMENTS, ORANGE COUNTY AND RIVERSIDE COUNTY ROUTE 57 AUTOBAHN .... City Council RMA Group Eva yPrrjeu Matters www.rmaromponles [rom 21 - 286 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES I CITY OF SANTA ANA 20-1600-P ! SEPTEMBER 30, 2020 Page Viii APPENDIX'S, RESUMES AMBER ELLINGSON 1 SPECIAL INSPECTOR Ms. Ellingson brings more than 1S years of experience in the construction field. She has worked in a variety of projects in the commercial, transportation, public works, and residential sectors. Amber's duties for recent work include compliance, verifying and monitoring of documentation and project material, inspection, sloping and shoring, underground utilities, overhead obstructions, inspection of excavation, backfill, culverts, foundations, Sub -grade, cement treated base, JPCP, concrete, dowels, tie bars, plane joints, texturing, profiling, HMA proof rolling and compaction, steel case jacking, drainage structures, shoring, grouting of encasement / pipe. STATE ROUTE 210, SAN BERNARDINO FOOTHILL MEDICAL OFFICE BUILDING PARKING STRUCTURE, PASADENA METRO GOLD LINE: PHASE 2A FOOTHILL EXTENSION . AZUSA VALLEY VIEW AVENUE GRADE SEPARATION, SANTA FE SPRINGS CUCAMONGA VALLEY WATER DISTRICT COMMUNICATION TOWERS, RANCHO CUCAMONGA BOULDER-HOLT SEWER IMPROVEMENTS, ONTARIO LANCASTER WATER RECLAMATION (WRP) EXPANSION, STAGE S, LANCASTER MICHAEL COUTURE I SPECIAL INSPECTOR Mr. Michael Couture has over 20 years of experience in the construction industry. Mike is experienced in the field testing soils, torque/load testing of drilled in anchors, concrete, batch plant Source inspection and rebar source inspection. Mr. Couture has worked on a wide range of projects including water/waste water pipelines and facilities, highways and roadways including public transportation, schools and building facilities in both public and private Sectors. Therefore he has experience working on large inspection crews, communication being a very important aspect. He is a very versatile technician with a tremendous work ethic and the ability to work on any project. MORENO VALLEY CORPORATE YARD PROJECT, MORENO VALLEY FIRE STATION #73, FONTANA RAYMOND AVENUE GRADE SEPARATION, FULLER FON INLAND EMPIRE UTILITIES AGENCY, CHINO, FONTANA, RANCHO CUCAMONGA LANCASTER WATER RECLAMATION (WRP) EXPANSION, STAGE S, LANCASTER BOULDER-HOLT SEWER IMPROVEMENTS, ONTARIO UPPER MOJAVE REGIONAL RECHARGE AND RECOVERY (113) PROJECT, SAN BERNARDINO COUNTY .... City Council X RMA Group Eva yPrrjeu Matt¢rs www. rmoromponles cam 21 - 287 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES I CITY OF SANTA ANA 20-1600-P ! SEPTEMBER 30, 2020 Page ix City Council 21 — 288 7/6/2021 /AV,'InrX ' fl (-ly./t+f,I fV "V, Pr "7VAO ,1117h1 ICI. f i(DN (,.J,IQ(hrr.IPAV1,I' Isi(tD6( )IJ A JUNWAY1 h)AV If (In lc'r Unn,d `il ri, ( ode;,rIon I I uhh, ( oNrur Cod, ,ectinn I106) Toth ( IIYOl nNIn A',AN I'AR I'4l'. Ill 01 N MJ( WOJ(C, In „ wnlorva, Willi III,. , I I I,liwd dl u ( od::.',rrueu 1 1 J, tend Pnl)In (:onlr,f I ( od, / 100 Ihi, dcrh w; fhaf th.' hid n, nol laid. in lho is ',cI m, of on behal Ell, any pu�nn, parnership, co[trpany, t-o,,nfion, orp;ourauojl of ,tnporation ,hwl ill,: bid i�, .fnd not arlfu,rvf of Jnial; drat fln. I3 OIAD R 1w,l not directly of indiu,r,ly wdu, 'I r .olieited airy Lon r Illf Of R to pul of n frhe or ;ham hall, and has not di ectly or i n ifcctly ro hntcd, conspi rd, eonnive,t of aprecd with any (;II)IACR or ofryone cl;c to pul al a sham hid or than Guyon; "'Lill r.haio fi'oio brddwff that the HIODLN n, roil in any InHfWr, flacoly or indir, fitly sough, by a,fu;ernenl oola nnuuranon, or a)nlcrrnce with nnryulaw to fix thw hill puce of the HIM )IN of airy IIII) )IA" or to nx fifty ova-h, ad pf olk, or , o;t element of Ilre bid price, or of that of ary other BIDI ER, of In ,acure any ackmag awlin. the puhho body awmww the contract of anyone inletested in the proposed collail ; that all Statemcr% containcd ur [hr, hid arc n uc, and; dallier; tltill Ilse B I I A 1IAt has not, dilecdy or iudileel ly, "a flat his or het bid price or any breakdown thereof, or dtc contents thereof, or divulged information a data relative thereto, or paid; and will not pay; any Te to any Corporation, partnership, company as,oeiwtion, organiaatiou, bid dcposhory, or to any member or agent 111CM01' M effectuate a collusive M A IS bid. Note 11w ahove Non -collusion Affidavit n pan of tic Proposal Signing this Roposal on the signatwc portion thereof shall also cot rants sipatutr, of this Non -collusion Affidavit IIll NM RS are ewlltloned &M n Ahilt' a Use cat 11aAof f may af1jicl the CCII i f)Cr-to CHIPHl&I plo>Ccutlon_ Signed Still,- of C.dfhama ( oomy of' S(ey)6e cq a C o rvl S}flucnbnl and ,wour to (a, afhfnn'd) hrtou no on dus rl/" ddy oC P�°� "),Oa)� by "I11+ - _I a)v�h5l".� i_ , proved to nn on the bars of snnvfaalfy evidence m b; thr pclr ouft,') Colin nppeared hdoe MC Il Notary 11 it, fq n:n io ��"A�"md�"u uSainr'+¢a�vwarpm fyofafv Public Seal jF, C2; ('rot �➢ { �rt r,.f)r'll� Rlibsp Jr info trr r..I V.Al I ni Al " r r, rwr,. !1�(�ir�4JJ,,412c,,)JIlr r l( v 111vnr. . rrrrrvNANIAI11A �t)t�k3• I �9�1h�?i�f�rd��$4:;e. 7 b/_021 Oknhsp, I( /p p-G 4It 4n f+ 0 [[ VI'I . li I . 0 L Jh W-4 If 111: I I, yt lf' k nt rtll nth9 eI� . l Glihp u y , ^Gd„` k,r Attar nr I1[rt)In, If- I (.l„{ow) r t m m,, n F,, ow (I n r; 'I--r f ,n ,,r 1 I, a my by ,I, : f n Ir if di[prtlnr, nl Df 11,ta:n, 'igur r No_ I Sign ,rur , of r Lrc I ,ur fit fag,rr r Mo_ 7 (if � It') A notary p, h n, n o;h3' offfCo rolnpk t ny thr; rc, f, f e 'w ,fig;' only ,hc d@nPdy uP th" indimm nl who e gnrd thca documonr to which Ali a , , r f f,c r c Is tt:u.hed, and no, ,ht, truthfolu, na;uracy of validity of II .r oor, immi_ ,Stoto of Cohfolon County ofi>ny) KPt V144r,1�o .L'0..MG A..-�IIIh..OM• 14A Ov ni &..d.0.....G..O.r..ry� Of VAR; 1"'OR InIAUi Kn Illm@V'1 Nol ry Cubhr (bl,httnln ,� � ��eAi'� 1�n Naro,rmno Co,f,IY }4¶� �7 COf mn lo, ,t f2�46�fl wi of d1lr �' My cm f�XV r .�l Sre;a! Pbc.f; notary Sea! Ahuve `;ubscr treed and,,vworo too (o, affirmed) iwforo m€ on thi w i�_ d%Iy of by Onto Month Yom (q _ `� ��i tart•, �" J �tl'lld ".,��,I proved to ❑fc on the 1x1.fs of tl,;t;Icfory evidcrwe to Pie tfu, person(,) who app,, veal br fole n,e_ r r� rOn:r0ura of �otdry Nub6c Ihough 6u: r,e<,tion rs olrir,)nal, corm/detiny !hr<. urkrrvrtat¢a, c. rrr deter .Jfrr.rtion of tf,e docun u;nf or hawf dent naatr<tchmovlt of lh,. to In to rn unrntendr.d d,n nfrreni. ant A6kt( had Of n nna, nl tfllo n, -fYlm of ilor,wu, nlr (f 1 .t , .-,lm /✓I✓In tlnmunf "fl fVnnftrEr ofOwlet, 3loncr(s) Olh,,r I'limi rJ:unLfl Ahove /U'rv, (1),'V1 Nitioflal NcA:uy A ;oa.11 or. wwwPlelfo11:dNol.rfyolo�11f001 P NOINO,(I H00-d/G GSl I) [I,III If5910 I ubsp; C;ily Council &nhsp;21 lndash; 290 7/0/2021 @nhsp; APPENDIX CERTIFICATIONS Appendix ATTACIIMENT 3-2: NON -LOBBYING CERTIFICATION CE,W11 FICATIONS The prnspcclivc paticipanI ccnilic:, by eimtinl!and suhmimini; III is bid ur proposal, lu the heSI of ItiS or her knowledge and belief. that: No falaal approptmied funds have been paid Or wi II be p.iid, by of on behalf of IIIc uncicrsignul, to any person fu - influencing or attempting to influence an officer or employee of any federal agency, a Meanber of Cimgress, an Ofticnr or esrplOyce of Congress, or an employee of a Member of ConV css in connccllon with 11w. awarding of any lede:ral contract, Illc nialdn_L' of any m1cral U-alh, IhC'rnalffiu' of any fedcral loan, the entering into of any cOOPerati( c agnculcnt, and the CXICIlSioll, colnineuatioll, Iinlewal, amendment, or nlodi licatioll of any (Acial cotill tcl. hTtnl. loan, ol'coopl;mill ve agiccnlcrll. 2. Ifatry fund, Other thau IldMil appropriated fiords IraVe bw I paid or will be paid Lu any pa-,url for infltuncing or aticmpting to intlucricc any otticc7 or employee of ally tbdaal agency, a Memberof Congicss, in officer of cmploycc of Congress, or an uttplowc of a Manbel of COngicas in connection with this federal contract, �n;Lnt loan, loan or ampelative agLaement, the undersigned shall complete and submit a "Disclosure o1'Lobbying Activities". Tlns certification is a material representation of fact upon which reliawee was placed when this nansaction was made or entered into. Submission ofthis cntilicatiOn is a praCLjuisitc for staking or cnu:ring inw this uansaction imposed by Seelion 1352, Tiilc 31, It. S. Code. Any pQrson who Baik to lile therequiml certification shall be subiccl to a civil Penalty of not less than S 10.000 and not more than S 100.000 tot each such fzilure. The prospective participant also agl-ecs by submitting his or her bid or proposal that he or slichall require that the language of this certification be included in all lower tier subcolnlacn, which exceed S 100,000 and thal all such sub rccipiaus shall certify and dudosc wconlingly. Firm Signed and Pnnted Name: Slawek Dymerski, PE, GE "! Tilc Vice President Date City Council RMA Group I:veiy Prvjar! Matters www.mm(orripi,,,rorri 21 — 291 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page xi APPENDIX CERTIFICATIONS Appendix ATTACHMENT 3-3: NUN-DiSCRTMiNATiON CERTTFiCATiON CERTIFICATIONS 'the Undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The COrtiLlltant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The COnStlltxrlt shall talcs aflirnahve action to ensuo. that applicants are employed, and that employees are treated during employment without, regard to thcirracc, color, religion, scx, or national origin. Such action shall include, but not be limited to, the following: CnrplOvnrCnt, tlpgr-3dinn, dCrrlOri Orr, Or n'anSfer; r'CCrnirrnterlr Or recruitrnCnL .1 Vcrtising; layoff or termination; rates of pay or other fhrms of compensation; and selection for training, including apprenticeship. fhe Consultant agrees to post in conspicuouS places, available to Cmployees land appllCanrs fur enlploymem, noriceS t0 be piovldvd SeCt1ng forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitanons or advertisements for employee plaecd by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color. religion, sex, or national origin. 3. The Consultant shall send to each labor Union or representative of workers with which he/she has a eollcclive bargaining an-eernein or other wnuael or understanding, a nodes LO be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants Rn- ennploynnent. 4. the Consultant shall comply with all provisions of Executive Order 1124E of September 24, 1965, and of the ililes, re ulations, and relevant on9as of the Secretary Of Tabor. 5. The Consultant shall furnish all information and reports required by LxCC1.111vC Order 1124E of September 24, 1965, and by rules, regulations, Lind riders of the Sc retaiy 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 pulposcs of inveStigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consulunt'S nun -compliance with the nondiscrimination clauses of this contract 01 with any Of the Said ivies, regtlati CrnS, Or OolelS, the eunn;]Ct may be Canceled, terminatCd, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction conuacis in accordance with proccdures authorized in pxcention Order 1 1246 of September" 24, 1965, and such other sanction; may be iinposed and renneclies invoked as provided in Executive Order 11246 of September 24, 1905, or by rile, regulations, or order of the Secretary of Labor, or as otherwise provided by law. T The Consultant Shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of parap-aphs ( I ) through (7) in every subcontract Or purchase order unless exer11p1Cd City Council RMA Group 1iveiy Prvjar! Matters www.rrrw(orriponustorri 21 — 292 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page xii APPENDIX CERTIFICATIONS by rules, regulations, or orders of the Sccrelary of Labor issued pursuant to Section 204 of EXCcUtiVC Order 11146 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 cnlbrcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States- S- Pursuant to California Labor Code Section 1735, as added by Chapter 643 State- 1939, and as amended, No discrimination shall be made in the employment of person; upon public works hecause of race, religious creed, color, national Origin, anecsty, physical handicaps, mental condition, marital etams, of sex of inch persons, except as provided in Section 1420, and any consnlrmt of public works violating this Section is subject to all the penalties imposed fora violation ofihc Chapter l Signed: —_� -----_ r Slawek Dyrnerski, PE, GE Talc: Vice President Film: RMA Datc: City Council RMA Group 1:vcry Prvjar! Matters www.mmtorripi,,, rorri 21 — 293 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page xiii APPENDIX CERTIFICATIONS ----- -- Appendix ATTACHMENT 3-2: NON-I,0131WING CERTIFICATION CERTIFICATIONS "Ilse prospcnvc pit IIicipa nt certifies, l y ip-ninf; find Sit hill III ing this bid of proposal, to the best ofhis of hot knowledge and belief, that: No federal appropriated funds have been paid of will be paid, by or on behalf of the unda,to any person tin- influencing or allclnpting, to influence an officer or employee of any ledetal agency, a Menmct of ( ongreu, an of ices of employee o1 Congres,, of an eulployc c: of a Member of C:onptess in connection with the awill (Iinp oi'any federal contract, the malting o1 any fcdctal grant the leaking of any tedetal loan, the entering irao of any cooperative a{,regiment, and the extension, continuation, renewal, amendment, or nlodificalion of any fcdctal collimct grant loan, orCooperative agre(anenl. 2. If any hulls other than federal appmprialed funds have been paid otwill be paid to any poison for influencing of attempting to influence any 001CCI or employee OPany fcdctal agency, it Member of ( ongn,,, an offices or employe of Congress, or an employee ofa Member of Congress in connection with [his federal comsat, grant loan, loan or coopeative agreement the undersigned shall complete and ,uhaut a-Dincloxu e of l_ohhyin,g Activities' . fhis cetification u it matcl ial representation ol'faGl upon which reliance, was placed when this transaction w;G made ol ellicred into Submission of this per lifiwfion is it I)ICNquisitc lbr making or enictine mtlo this transaction imposed by Sect ionIi S2,1 isle 31, 11S Code. Any person who tails to file the acquired ectificauon shall be suhlect to it civil penalty of not Icss than $10.000 and not mare. Iban $100,000 breach such failure- 1 he prospective parlicipaul aka agoxs by subnlimng his or her bid )I proposal that he of she shall requite that the language of this certification be included in all lower licr slibcooltwis, which exceed %100,000 and that all such sub le6p«mushall Cowlify and drsrlow accordingly. I:in» California Testing & Inspections, Inc. Sigruxl and Primed Nitow: 'Pill,. President Dille 0912512020 m City Council ' RMA Group I:veiy Prvjar! Matters www.mmtorripanustorri 21 — 294 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 20-1600-P SEPTEMBER 30, 2020 Page xIv APPENDIX CERTIFICATIONS -- - Appendix ATTACHMENT 3-3: NON ► 1SCRIMINATION CERTIFICATION C4:12T I P ICATIONS 'The undersigned consultant or corporate officer, duung file performance of Ibis contact, ceutfics as follows: I he Consultant shall not discuminatc against any employee or applicant lot employment because of race, color, iclig;ion, sex, or national Digit. the Com,ultam shall fake at7urmative 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 followinpt: employment, upgrading, denmtion, o transfer; rreruilincnt or recruitment advettisinp,; layoff or termination: rates of pay of other forms of compensation, and selection for training, including. apprenticeship. file Consultant a)rrce, to post in conspicuous places, avaihtble to employers and applicants for employment notices to be provided setting forth file provisions of' this nondiscrimination clause. 2. 1 he Consultant shall, in all solicitations or advertisements ton employecs placed by or on behalf of the ('OnsLibant, state that all qualified applicants will reseivc consideration for eutployn'tenl without tcgilyd to lace, color, telig.ion, sex, or national origin. 3. "I he Consultant shall send to each labor union or icpicsentauve of workers with which he/abc Itas a collective bargaining agreement or other contract or undeisfandinfl„ a notice to be provided advisinf; the ,aid labor union or Workers' representatives of the ('oosuhata's commitments under this suction, and shall post copies of the notice in conspicuous places available to enrployec, and applicants for employment. d, The COnnsLdfant shall comply with all provisions of kxecutivc Order 11246 of September 24. 1965, and of the rules, regulations, and relevant oders of tile. Sccrctaty ol, kabor. 5. the Consultant shall furnish all infotination and reports required by Executive Ordci 1120 of September 24, 1965, and by rules, regulations, and orders ol'the Secretary of Labor, or pursuant thereto, and will pcimit acce,s to his/her books, records, and accounts by lite administering agency and the Secretary of Labor tot putpo,cs of rove. tI manor, to ascertain compliance with such rules, [cgolatiotu, and orders. 6- In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contact or with any of the ,aid rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole of in part and the Consultant may be declared ineligible for further Governinew contracts or federally assisted comstruclion contracts in accordance with procedures atttliotired in Execution Order 112,16 of September 24. 1965, and such oilier sanctions may be imposed and remedies invoked as provided in kxccutive Order 11246 of September 24, 190, or by rule, regulations, or order of the SeO'etary of Labor, or as olhcrwi,c prnvided by law. T the Consultant shall include the portion of the scntenec immediately preceding paragraph (1) and the piovi,ion, of paiagraphs (1) through (7) in evety subcontract or purchase ordci unless exennptecf City Council RMA Group Every Prvjar! Matters www.motorrirm,,,rorri 21 — 295 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA ' 20-1600-P ' SEPTEMBER 30, 2020 Page xv APPENDIX CERTIFICATIONS by rules, regulations, or orders of the secretary of Labor issued pursuant to Section 204 of Executive Order H 246 of September 24, 1965, so that such provisions will be binding upmn each subcontract or purcha,c ordet as the administering agency stay direct as means of enforcing such provisions, including sanctions for noncowpliaucc; provided, however, that in the event the Consultant becomes involved in, or k threatened with, litigation with a sub-conxtdt M or vendor as it result of such direction by the administering agency, the Consultant may request that the imited States enter into such litigation to protect the mteicsts of the United States. 8. Pwsuant to C;aliforma 1 abor Code Section 1735, as added by Owptcr 643 Stats. 1939, and as amended, No discrimination shall be ntade in the employment of lmr ons 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 Secti<m 14X and ally consultant of public works violating this Section is subject ur all [lie penalties imposed for a violation of the Chapter. Signed. l itic. President Firm: California Testing & Inspections. Inc. Date: 09/25/2020 at„ City Council RMA Group t.veiy Pnjnt Matters www,mi r<t rrir i,,, r rrj 21 — 296 7/6/2021 RFP NO: 20-111 1 MATERIALS TESTING & SPECIAL INSPECTION SERVICES CITY Of SANTA ANA 120-1600-P I SEPTEMBER 30, 2020 Page xvi RMA Group Every Project Matters www.rmocompanies_com CORPORATE 12130 Santa Margarita Court I Rancho Cucamonga, CA 01730 909.989.17511909.989.4287 CALIFORNIA LOCATIONS 1210 East 223rd Street, Suite 319 1 Carson, CA 90745 310.68�A85� 1 310.861A117 5102 Porl Chicago I lighway, Suite D I Cooi.ord, CA 04520 925.243.6662 1 408.362.4926 5150 Fitzgerald Road I Rancho Cordova. CA95/42 916.631.7194 191 ti.631.7256 6976 Convoy Court I San Diego. CA 92111 858.609.7168 1858.598.6102 130 Archer Street I San Jose, CA 9S112 408.362.4920 1408.362.4926 QUALITY MANAGEMENT GEOTECHNICAL ENGINEERING IAI`i PISIM1129*19Vre PAVEMENT ENGINEERING Sr ECIAL INSr ECTION STORM WATFR MANAGFMFNT AVIATION r.lvlc HEALTHCARE HIGHER EDUCATION*.,D HOTELS AND CASINQ,;7: K-12 SCHOOLS LAND DEVELOPMENT PORTS POWER AND ENERGY SPORTS AND RECREATION TRANSITAND RAIL TRANSPORTATION WATER INFRASTRUCTURE t' d.p f City Council 1 — 297 7/6/2021 as aaw EXHIBIT C VhPNa�pra/dPaiaia n.,. RMA Group Evcry / rnjert Matters www.rmacompanies.com May 19, 2021 RMA Group No: 20 1600 P Mr. Sean Thomas City of Santa Ana Public Works Agency M-36 20 Civic Center Plaza I Ross Annex Santa Ana, CA 92701 SUBJECT! RFP NO. 20-111 1 MATERIALS TESTING AND SPECIAL INSPECTION SERVICES Dear Mr. I homas: RMA Group is pleased to provide a fee proposal in regards to RFP No. 20-111 On -Call Materials Testing and Special Inspection Services for the City of Santa Ana. Our rate schedule is included on the following pages which represents our proposed personnel rates for our staff that would be assigned to this contract, as well as unit costs for laboratory materials testing. Our general conditions for minimum call out charges, overtime charges, and reimbursable expenses are described in the final page of the attached schedule of fees. As the Vice President of the firm, I am duly authorized to bind RMA Group to all statements and representations made herein and represent the authenticity of the information as presented. Sincerely, Slawek Dymerski, PE, GE Vice President City Council 21 — 298 71612021 niaian +......... � $�����a ' �, r aaio7ab� an / VhhM aaie ,N� %4, RMA Group F:vc yProjrcl MatterSi www.rmnmmponies.corn Personnel Charges - Professional Staff Product Name 2020 Schedule of Fees and General Terms Units Rate Staff Geologist ticld HR $13D.00 Staff tnaineer- Office HR S135.00 Qualified SWPPP Practitioner QSP I IR 5140.00 Qualified ,WPPP Developer QSD HR $1_"o Do Project Manager - Job Conference HR $1SS.00 Project Manager- Field HR $1SS.00 Project Geologist - Office HR $170.00 Project Ceolugjst - loh Conference HR $1701 00 Prnjecl Ceningisl - Field HR jl 10.00 Project Geologist - Consultation HR $170.00 Project tneineer Office Hit S110.00 HR 5170.00 Project Engineer Job Conference HR $170.00 Projcet Lnginccr Field IIR $170.00 Project Engineer - Consultation HR 5170.00 Principal Geologist - Office HR $190.00 Principal Geologist - Job Conference HR S19QD0 Principal Geologist - Field HR s190. 00 Principal Geologist- Expert Witness HR $400.00 Principal Geologist - Court Anoearance HR S4S0.00 Prinripal Genlnpist- Cnnadtatinn HR S1of) . on Principal Engineer - Office IIR 5190.00 Principal Engineer -Job Conference HR S190.00 PrincioalFna;ineer - Field HR "190.00 Principal Fngincer -Fxpert Witness HR S400.00 Principal Lnginccr- CULIrLAuuLarJnLI Ills S4S0.00 Principal Engineer-ConsulLa(j0n HR 9190.00 Drafting HR $90.00 Adrninistrative HR $60.00 Supervising Special lnspcnor HR $125.D0 Srmervising Spil Technician HR 5175.00 Supervising Public Works Inspector HR $12S.00 Spe(ial lnspe(lnr Mind Coiw ruction HR S1)0.00 Special Inspector Structural Steel HR j110.00 Special Inspector Shotciete HR $110.00 Special lnspeelnrR00bng/Walerproofjng HR $110.00 Sperial lnspertnr Reinforcer](--nnrrete HR $11ow Special Inspector Prestressed Concrete IIR 5110.00 Sowal lnsoector Post Tensloned Concrete IIR 4i11D.DD Soecial lnsoector Post Installed Anchors HR s110.00 Special Inspector Masonry (DSA) IIR s110.00 Soecial lnsoector Masonry HR 5110. DD Special Inspector Fire Stopping HR $110.00 Special Inspector Fire Proofing HR S110.00 Special Inspector Ober Wrap HR $110.00 2020 S &MY,c o ccs and GcncraI I crms age 1 of 8 »>�� RMA Group 2020 Schedule of Fees and General Terms L.veayPiojeel Matters I www. rmocornpanies. com 5pecl3l Inspector Concrete Batch Plant HR $11o.0o Special Inspector Coatings HR 5120.00 Special Inspector (lCC) HR S11DM Soili l echnician Rough Grading HR $110.00 Suilo Technician RLI.LAing IIR $11aDO Suili lechmcian Compaction Iesung HR $110D0 Soils EnkineerinRTechnirian HR $110.00 Radingraphir Testing Crew HR 5400.On Quality Centro'. Manager HR $11S.G0 Pull I Torque Testing Technioan HR $110.00 Public Works Technician - concrete HR $110.00 Public Works Technician - Asphalt HR 5110.00 Public Works Technician IIR $110.0 Public Works Inspector- Concrete Plant HR 5110.00 Public Works Inspector Concrete Paving HR $11aw Public Works Inspector - Asphalt Plant HR 5110.00 Public Works Inspector - Asphalt Paving HR 5110.00 Public Works InspccLur I IN 511o.D0 Project Inspoctor (1DR) IIR $11au0 Pick-up and Delivery of Tell. Specimens HR $ Si.00 Non flestnirtive Testing ASNT I evPI III HR $7no.00 Non Destructive Testing ASNT Level II HR $110.D0 Mechanical I Electrical Inspector HR $110.00 I AbOr6Wry l echnician-Field1Ah HR S9s.00 I D Reinforcing or Structural Steel HR $110.Oct Hnritnntnl Wall Cnring HR $'11n.on Concrete Coring HR S110.00 AWS Certified Welding Inspector Shop HR $110.00 AWS Certified Welding Inspector- Field HR S1101ju Assistant Wall Coring IIR 5110.00 Asphalt Corking Hit 5110.00 ACI Concrete Technician IIR 511DM Tests - Steel Steel Chemical Analysis EA $205.00 AWS Weld: Mace oetch FA $110.00 AIAIS Welrl: Frariure FA 576.nn AWS Bend TPsi. ASI M F606 NuC Proof Luad up Lu 118" EA LA $75.0n $65.00 ASTM F606 Nut: Proof Load up to 11/2" EA $100.00 ASTM F606 Bolt Wedge Tensile to 7/8" EA $90.00 ASTM F606 Bolt Wedge Tens 7/8" to 11/2" EA $110.00 ASTM F606 Bolt Axial Tensile to 7/8" EA 5C0.00 ASTM F606 Bolt: Proof Load up to 7/8" EA $100.00 ASTM F606 Bolt! Proof Load up to 1 1/2" FA $125.00 ASTM F60b Bolt: Axial 7/8' - 1112" EA 51A.00 ASTM EGOS Spray Applied Fireproofing Den CA $135.00 ASTM A41 I, Tensile Test Only EA 5175.00 ASTM A410 Stress strlln Analysis EA $240.OD 2020 Sc I y E�OuncL`II,n Generalcrms 21 - 300 7 %f'0 T R ',ol RMA Group 2020 Schedule of Fees and General Terms PveayPi ojeel Matters I www. rmocoinpanies. com ASTM A370 Tensllc Up to 400K Ibs (Each) ASTM A370 Tensile Up to 300K Ibs (Each) EA EA $1 bU.U0 $1000.00 ASTM A370 Tensile Up to 200K Ibs (Each) EA $90.00 ASTM A370 Tensile Up to 100K Ibs (Each) EA $75.00 ASTM A370 Tensile Stress -Strain Percent EA $205.00 ASTM A370 Tensile 400K - 6001( Ihs (Each) EA $36s.on A5I IN A370 Rockwell Hardness (Each) FA $110.00 ASTM A370 Rcbar Tension up to #8 EA $60.00 ASTM A170 Rebar Tension 49 Lo 411 EA $7S.O0 ASI M A370 Rcbar I cnsiun 418 LA 5170.00 ASTM A370 Rebar Tension #14 EA $11S.00 ASTM A370 Headed Bar Prod. Lot up to 98 LOT $27S.00 ASTM A370 Headed Bar Protl. Lot #9 to #11 LOT $33S.00 ASTM A370 Headed Bar Prod. Lot If18 LOT $670.00 ASTM A370 Headed Rar Prod. I or #14 I OT SS 1 S.Oo ASI MA3/O Rend l e-st Rebar up to 48 ASTM A370 Bend Test Reoar ff9 to 1111 FA EA $y0.00 $6aoo ASTM A370 Bend Test Rebar # 18 EA $170.UU ASI 11AA3/0 Bend IesL Reoar 414 EA $11� 00 Laboratory Tests - Soil Product Name Units Rate ($) ASI M D8545pecific Gravity of Soils FA $785.00 ASTM D698 Maximum Density Ste! Effort EA $290.00 ASTM D;S9 Soil Cement. Samplp Prppara0on EA $14U_UU ASI M U5S8 Suil Cutncnt IVIaxIlnLlnt Ucnsity EA 5375.00 ASTM DS333 I lydro Collapse Potential EA $240 00 ASTM 04972 pH of Soils EA $115.00 ASTM D4943 Shrinkage Factor by Resin EA $260.00 ASTM 04829 Expansion Index at Sails EA $240.00 ASTM 04546 Swell Potential EA $240.00 ASTM 0431$ PlasliciLy Index Of Soils ASTM 0472 Sieve Analysis of Soil FA FA $ 33.5.00 $740.00 ASI M U422 Hydrumeter Anaylsis EA $33S.U0 ASTM D3080 Direel Shear, Consol&Drained EA $37S.00 ASTM D2974 Moisture, Ash, Organic Mattcr EA $110.00 ASTM 029371n Place Density, Drive Cyl EA $6S.00 ASTM D2844 R-Value & Expansive Pressures EA $44&00 ASTM 02435 Consolidation with Time Rate FA 5335.00 ASTM D2435 Consolidation EA $275.00 ASTM 02131 Const Head Permeability Test EA $470.00 A$IM 1)74195and Equivalent FA $170.00 ASTM 0221b Soil MuinLurc Cmdcnl. by Mass EA $45.00 ASTM D21GG Unconfined Comp SLrength EA $33S OU 2020 Sc I y E�OOncL`II,n Generalcrone 21 - 301 7 %f'0 T fi V RMA Group 2020 Schedule of Fees and General Terms EvefyjlmlectMatters I www.rmocomponies.Cott) ASTM D2L15O TrI AXlal Shear Strength ASTM D1823 California Bearing Ratio EA EA $470.00 S605.00 ASTM D1633 Compression Test Soil Cement EA S110.00 ASTM D1557 Max Density Optimum Moisture EA 5290.00 ASTM 111140 Materials Finerthan h200 EA 5140.00 AASHTQ T10n Specifir Gravity of Soils Laboratory Tests - Masonry EA $275.0o Product Name Units Rate (6) ASTM E519 Assemblage Comp Str 8" Block EA S125.00 ASTM E519 Assemblage Comp Str 16" Block EA S175.00 ASTM E519 Assemblage Comp Str 12" Block EA S140.00 ASTM C90 Masonry Flack Conformance SFT S740.00 ASTM C780 Mnrtar Cyl nder Compression EA $40.00 ASTM C67 Brick MOIStnra & Absorption SET $110.00 ASIMC6/ Hr'i rk Nl o du lus o r R u p l u re FA S13'i(10 ASTM C67 Bricl< Cun/prussivc SLrcngLli SET 5125.00 ASTM C67 Brick S Hour Boil EA S135 U0 ASTM C426 Block Linear Shrinkage SET S375.00 ASTM C140 Block Unit Wt & Dimensions SET S265.00 ASTM C140 Block Moisture & Absorption SET 5110.00 ASTM C140 Block Cnmpressive Strength SET $1on.no ASI M C1314 Mdsonry Cure Shear Str 8"Max FA $110.00 ASTM C1314 Masonry Core Camp Str B" Max EA $100.00 ASTM C111B Curc pres4vB Slnxnglh 2" CuhP EA $ SOS70 AS M C1019 Grout Prism Curnpressiun Laboratory Tests - Environmental LA 550.00 Product Name units Rate ($) OSHA ID-1`tl Asbestos EA Quote EPA 9040 pH of Soil EA Quote EPA 8310 Polynudear Aromatic Hydrocarbons EA Quote FPA 8)70 Semi -Volatile Organic Compounds FA QuMe EPA 3151 Chlorinated Herbicides EA Quote EPA 8141 Organo-Phosphorous Pesticides EA Quote EPA 8082 PCB's EA Ouotc EPA 8081 Oieano-Chlorine PeSLiGdes EA QuoLe LPA 8021 or 82b0 volatile organic Compounds LA Quote EPA 8015 Total Petroleum Hydrocarbons EPA 6010 & 7471 TTLC Lead EA EA Quote Quote LPA 6010 & 14/1 1 1 LC 1/ N1eLaIS Laboratory Tests - Concrete LA QuoLe Product Name units Rate ($) T 336 Coefficient of Thermal Expansion EA 5670.00 ASTM C78 Flexural Strength, Beam EA S125.00 ASTM C649 Cnncreie Modulus or Flasi icily FA S20900 2020 Sc i y Esun�Cil,n encra crms 21 — 302 p/N###@@ xxIt hR,,,.. An AAI ........................... ' "I RM^ A Group 2020 Schedule of Fees and General Terms P.veryProject Matters] www.cmacomponies.com ASTM C490 Sp IIttIng Tons IIC Test ASTM C495 Lightweight Concrete Strength EA EA $125.OD S6S.00 ASTM C495 Density - Lightweight Concrete EA $240.00 ASTM C42 Compressive Strength, Core EA $100.00 ASTM C39 Cyl Tested out of Sequence EA 550.00 ASTM C39 Cnncrete Cyl Cured or Tested En $40.00 A51 M (157 Concrete Shrinkage (Set of 3) 51- 1 5('00.0r ASTM C138 Unit Weight of Concrete EA $OODO ASTM C1140 Shutcre(e Panel Test. Laboratory Tests - Caltrans SET $33S.nU Product Name Units Rate I$) CT670 Tensile Strength up to #8 FA S75.00 CT670 Tensile Strength #8-#11 EA 5110.00 CT670 Tensile. Strength #12 EA 112DS. 00 C 16/O l ensile Sireng L h# 14 FA $140.00 CT670 Productiun LoL up Lo AB (UhirnaLc) LOT 5405.OD CT670 Production Lot up to #S (Seniicc) LOT $33S.00 CT670 Production Lot 49 to #11(Ultimate) LOT $47D.DO CT670 Production Lot #9 to #11 (Service) LOT $405.00 CT670 Production Lot 118 (Ultimate) LOT 51,005.00 CT67n Produrton Lot tt1R (Service) LOT $72S. n0 C1670 Production I of Y14(Ultimate) IOI S740,00 CT670 Production Lot If11 (Service) LOT $535.00 CT(i7(I Opera(or(lualificalion up to#8 LOT $47t)or; C16170 OpCrutor Q1JJIIfILJti0H Lip toN8 LA $470.00 CT670 Operator Qualification #9 #11 LOT $53S.00 CT670 Operator Qualification #9 -#11 EA $535.00 CT670 Operator Qualification#18 LOT $1,135. DO CT670 Operator Qualification#18 EA $1,135.00 CT670 Operator Qualification#14 LOT 5800.DO C7670 Opera(ni Qualifica(ion 414 CT643 Resistivity and pH FA FA S800.00 5135. n0 CI]5U Surface Abrasiun of Concrete EA $S 3S. UD CTS34 WaLer ReLennon, Ciq Curing Gnpnd EA $S70.00 CT531 Length of Drilled Concrete Cores EA $65.00 CT524 RSC Flexural Strength, Beam EA $12S.00 CT523 Concrete flexural Strength, Beam EA $125.00 CT571 Concrete Cyl Compressive Strength FA 540.00 CT521 Compressive Strength -CB EA 540.00 CT S2-1-02C Slip Test EA $205.00 (1515 Relative Mortar Strength,P(:CSand FA $800.0(1 CT422 Chlundc CunLcnL CA 5115.00 CT417 Soluhle Sulfates EA $13S_I)() 2020 Sc I yLil �;°ouAN1an encro crms 21 - 303 7/ )f'0 V xx p/0.@@@@@@@@ J 1 fi I Mx Ap."f'�\ I RMA Group 2020 Schedule of Fees and General Terms LveryProjec/ Matters) www.(mocon)panies.coni CT382 Ignition Oven Correction Factor CT382 Asphalt Content by Ignition EA EA $4DS.OD $2SS.00 CT379 Asphalt Content Nuclear Guage EA $275.00 CT371 Tensile Strength Ratio EA 51,470.00 CT370 Moisture Content by Microwave EA 5110.0D CT366 Stabdometer Value EA $366.no C13091VIdxirilurtl l heoreticdl Density FA V75.00 CT308(C) Core Density SSD EA $65.DD CT3C18(C)/31iti Stability and Density EA $44DDO C 13O8(A) Curu DCrl]iy, PardfGn Co Jdud LA $7i.00 CT308(A)/366 Stability and Density CA $44DD0 CT305 Swell of Bituminous MixtureS EA 547&00 CT303/308(A) LTMD Kneading Compactor EA $440.00 CT3O3 Approximate Bitumen Ratio EA $335.00 CT3n? Film Stripping FA 5335. no C IAQI ResislanCe H-Value Slabilorneler CT235 Flat and Elongated Particles FA EA $390-00 $390.DD CT234 Angularity & Vuicls, Fine Agg EA $26S.DD C I_229 DurabiliLy Index EA 9405.00 CT 227 Cleaness Value CA $390.00 CT226 Moisture Content by Oven Drying EA $4S.00 CT217 Sand Equivalent EA 5170.00 CT?16 CA Impact Max Density FA $265.00 CT216 C.A Impact, Rock Correction EA $65.on CT214 Soundness by Sodium Sulfate EA $710 n0 CU13 Organic Irnpuritleg In Sdnd FA 5135.n0 CT211 Abrasion, LOS Angeles Rattler CA $33S.DD CT209 Specific Gravity of Sud EA $27S 00 C 1206 Apparent Specific Gravity of lines LA $2/S.DO CT207 Specific Gravity, Fine Aggregate CA $225.00 CT206 Specific Gravity, Coarse Aggregate EA 5185.00 CT?05 Percentage Crushed Particles FA P05.00 CT204 Plastirity Index, Atterberg EA $305.00 CT202 Sieve Analysis, Fine Agg EA $190.0D C1202 -Sieve Analysis, Combined Agg FA $24" 00 CT202 Sieve Analysis, Cuarse Agg Laboratory Tests - Asphalt CA $185.UD Product Name Units Rate ($) ASTM D6927 Marshal Stability and Flow EA $440.00 ASTM D6926 Lab Mas Density Marshall EA $33i.00 A51 M D6307 1Anition oven t.alhrdtion FA $405.00 ASTM D6307 Asphalt CurdunL by IgniLiun CA $25S.OD ASTM DS444 Gradation or EutfaCLed Agg EA $27S.DD 2020 Sc I y rG° unll°n General crms 21 - 304 7/ & rl't R h�..A,x.AA AAA•+ I RMA Group 2020 Schedule of Fees and General Terms P.veryProjeaMatters I www.rmocornponies.coin ASTM D4125 Asphalt Content Nuclear Guuge ASTM 113910 Wet Track Abrasion EA EA $335.00 S205.00 ASTM D2726 Core Density (SSD) EA S65.00 ASTM D244 Emulsion Sieve Analysis EA 5165.00 ASTM D244 Emulsion Residue Evaporation EA 5240.00 ASTM D2172 Asphalt Content by Snlvents EA $375.00 A5111A D7D41 Ma%In1UrTI I beoretical Density FA 57(i5.0O ASTM D1561 LTMD Kneading Compactor EA $355.DO ASTM D1SGO Hvepm Slability and Density EA $44O U0 AS IVI U1SGO l lvecrn SLabilily LA 530S.00 ASTM D1128 Core Density Paratilm Coated EA S75. DO AASHTO T324 Hambug Wheel Tracking Test EA 51,100.0o AASHTO T324 Hamburg Wheel Tracking -RHMA EA $1.100.00 AASHT0 T312/T275 LTMD Gyratory Compactor EA 5440.00 4ASHTn T3I 2/T27S I TMD Gyratory Cnmp.-RHMA FA S440. 00 AASH 10 I=;OR Asphalt Conlenl by Igni(ipn AASHTO T308A AC Correction Factor FA EA S2S')_00 5470.00 AASHTO T2R3 Tensile Strength Ratio - RHMA EA $1,050.U0 AASH 10 1283 Tensile SLrenglh Ratio EA $1,0SO 00 AASHTO T275 Core Denisty Paraffin Coated EA $75.00 AASHTO T209 Theoretical Maximum Density Laboratory Tests - Aggregates EA S265.00 Product Name Units Rate �$) ASTM US821 Percent Fractured Particles EA $201,.U0 AS I IVI U4791 Hat & Elongated Particle, EA 5375.00 ASTM D2419 Sand Equivalent EA $17D.DO ASTM C88 Soundness by SOdlnm SUlfate EA S535.00 ASTM C566 Moisture Content by Drying EA 535.00 ASTM C535, Abrasion Large Aggregate EA $335.00 ASTM C40 OrRanic Impurities in Fine App. EA S135.00 ASTM C2R9 Alkali -$ilia Re6Clivily ASTM C142 Clay amps P. Friahle Particles FA FA S070 00 S760.00 AS I M C13G Sieve Analysis, Fine Agg EA $2DS.Do ASTIVI C13G Sieve Analysis, Combined Agg EA S240.00 ASTM C136 Sieve Analysis, Coarse Agg EA $205.00 ASTM C131 Abrasion, Los Angeles Rattler EA S33S.OU ASTM C128 Specific Gravity, Fine Agg EA 524&OO ASTM C127 Specific Gravity, Coarse Agg FA ¢205.00 ASTM C1252 Angularity & Vo'. ds, Fine Agg EA 5240.00 ASTM C123 Percent Lightweight Particles EA $275.00 AS I KA C117 Mlaterials Finer than Nm 200 FA $140.0O AASI ITO T96 ALrd,iun,-U, Angcics RaLLlcr EA 533S.DO AASHTO T8S Sped Qc Gravity, Coarse Agg EA S20S U0 2020 Sc I y EOunL`II°n encra crms 21 - 305 7 9 R RMA Group Everyl'roject Mettersl www.rmocornponies.coin 2020 Schedule of Fees and General Terms AASHTO T84 Spcclflc Gr.)vlty, FInC Agg AASHTO T32S Percent Fractured Particles EA EA $240.00 S20S.00 AASHTO T304 Angularity & Voids in Fines EA S225.00 AASHTO T27 Sieve Analysis, F`no Agg EA 5205.00 AASHTO T27 Sieve Analysis, Combined Agg EA $240.00 AASHTn T27 Sieve Analysis, Cnarse Agg EA $1RS.nn AASH 101176$and Equivalent FA $170.00 Product Name Units Rate (SI Ultrasonic Test Unit and Consumable, DAY 550.00 Stationary Laboratory Traler& Testing Equipment MO $500.00 S& of Aerial Phutagrupils I IR Quote Schmidt l lammcr DAY $SO.uu Rotary Wash Urill Rig with Operator HR $ r5U 00 Proof I and Testing Fquipment DAY $100.nn PortdblC Drill Ile, LgL11P(nLr1t W/ Dperdtur HR 5450.00 Purl.ablc Dlill ng Equipment HR $450.00 Per Diprn I)AY "'1000(in Nuclear Density Test Gauge DAY $25.00 Mnhile Laboratory Trailer Mnnili?atinn FA $Snn.nn Mobile Laboratory Trailer& Testinlz Eauioment DAY S500.00 Misc Permits LS Quote Mini Fnvironmontal Qpality Motor DAY 5300 00 Mileage MILE Quote Materials/Supplies HIt Quote Magnetic Particle Test Unit DAY $50.00 Hallow Stem Auger Drill Rig w/ Operator HR $375.00 Hullday Iota DAY $100.00 Hand Hold Turbidity Motor DAY $20.00 nulch Cone Penelrprnpler wiUl Oppra(or HR $)/S 00 Drilling Equip Mob'. lization/De-Mob EA $600.00 Diamond Rit Corp Rig and Generator DAY 5.500.cc Bucket Auger Drill Rig with Operator HR 5475.00 Blueprinting HR Quote ASTM C1n7R Cnpffiripnt of Fr.rtinn DAY w4n0.nn Air Rotary Drill Rig with Operator HR 5550.cc 2020 Infyr OL�Fto0'Q� an General crms 21 — 306 M AAIM@@@fl Ap@@@A I Wxro bl>ldlPiPh +>la r � hh "' RMA Group 2020 Schedule of Fees and General Terms h:vcr). Proper MOtte rs I www, nnocomponleS. com GENERAL CHARGES RMA Group reryuirea twenty-fnur f74) hnur prinr nntifiratinn fnr wheel ulinp incpertnrc and/nrterhniriana. Inspection charges start at the scheduled show up time at the job site. All inspection hours will be billed in the following increments: There will be a minimum two (2) hour charge for any RMA Group employee presence on site. Anytime less than four (4) hours of work will be billed as four (4) hours. Foie (1) It, eight. (2) hours will be hilted as eight. (2) hours. When personnel are required to work in excess of 5 hours without an uninterrupted meal period of 30 minutes, due to project constraints, Y. hourwill be charged at doubletime rates in addition to anyapplicable hours worked. Rates arc valid through June 30°' of 2022. Rates for personncl will increase by 4'Xi per year on July 1st of 2022 and each subscquentyear. Administrativr./elrrieal support will be charged at Sly.,of the monthly dirrct charges. Certified Payroll Reports will be prepared upon request. There will be a S75.00 charge for each certified payroll report. Outside services will be billed at cost plus 15% unless billed directly to and paid for by Client. Requests made by client for management attendance at moetings at the project site will be charged at standard rate. OVERTIME CHARGES Work pertormed in excess of 8 hours per day and / or up to eight (8) hours on Satuirdays will be billed at 1.5 times the unit rate. Work performed on Sunday, recognized holidays, or in excess of eight (2) hours on Saturdays will be billed at 2.0 times the unit rate A 20%avcharge will be applied for laboratory tests performed on a Saturday or Sunday. PER DIEM AND TRAVEL CHARGES An $8S.00 ehargc per day will be applied when our personncl are required LO stay overnight aL remote locations. Time .mill he hilled at the unit rate while traveling to a remnte Inratinn nr if n Inratinn requirec nn nvernipht very Mileage for travel outside a 50 mile radius from either the project site or the nearest RMA facility whichever is closest, will be charged at a rate of SO.SS per mile. NIGHT WORK A $10.do per hour surcharge will be added to all personnel rates forwork performed during night shifts. 2020 Sc c VC o ccs and GcncraI I crms age 9 of 8 Geotechnical and Construction Material Testing Laboratory SCHEDULE OF FEES 2020 CONCRETE &.MASONRY... Compression Test ASTM C39 Concrete, Grout and Mortar samples (ter unrll) $25 Compression Grouted Prisrris-ASTM C1314 8"X8" Grunted Pnams (edoh) $90 Compression Concrete or Shotcrete Core (per unit) $35 Masonry Blocks-ASTM C140 Set of 6' Net Area, Absorption Conlpresslon $500 Compression Masonry Core $35 Shear Masonry Core $50 Length change ASTM C157 (3 bars) $180 Flexural Strength ASTM C78 (each beam) $65 AGGREGATES Moisturc Content-ASTM C566 _ Frno. or Coatsc Atggtcg tc $6 Particle Sieve Analysis ASTM C136 $80 Specific Gravity.-ASTM C127 $75 Specific Gravity-ASTM C128 $80 Organic Impunties ASTM C40 _ $40 SOILS Visual Classification-ASTM D2488 $5 Moisture Content ASTM D2216 $B MC & DD (per sample) _ _ _ $10 Organic Content by Ignition Method $100 Compaction 4' ASTM D1557 $115 Compaction 6' ASTM D1557 _ $130 Compaction Caltrans-CT 216 $130 Sieve Analysis -. ASTM D6913 _ $1.00 Sieve Analysis Fine Only-ASTM C136 $65 Material Finer #ton-ASTM D1140 $50 Hydrometer Analysis ASTM D422 $115 Sand. Equivalent. ASTM 2119 $65 Plastic Index-ASTM D4318Method A/Method B $90/$70 Expansion Index-ASTM D4829 $90 Specific Gravity Sods-ASTM D854 $80 Direct Shear ASTM D3080 (per point)/Residual Cycle _ _ $90/$40 Consolidation - ASTM D2453/Additional Load $190/$40 Collapse Potential-ASTM D4546 $70 Remolded sdrnple $30 R-Value ASTM D2844 $390 Corrosivity Test.(Caltrans Series) $1BO STRUCTURAL STEEL Tensile and Bending ASTM. A370 - up to size rig rebar $110 Tensile and Bending ASDTM A370 - size #10 and. up $160 Structural Steel Coupon chemical analysis $190 City Council ww _`a tustinspectn`— 308 7/6/2021 High Strength Bolts AS I M h606 BOIL I.OnsilC Nut _pro nt test. Rockwell hardness $350 Pre -stress Wire ASTM A416 $150 ASPHALT Extraction and Gradation-ASTM D6307 $360 &dk Specific Gravity- ASTM 2726 $280 FIREPROOFING Density- ASTM E605 Persamp/0 $65 (') PW Rates increase yearly per DIR Field soils inspections exclude contaminated soils testing and/or samplinq. Field personnel are billed in 4 hour and 8 hour blocks, in accordance with Prevailing Wage Requirements (if applicable). Work over 8 hours per day, the first 12 hours on Saturday or more than 40 hours per week is billed at 1.5 times the above rates. Work over 12 hours on Monday to Saturday, Sunday or Holiday Is billed at 2.0 times the above rates. A 2 hour minimum show up time will be billed for cancellation of inspection personnel less than 4 hours in advance. Shop/Batch inspections more than 50 miles from our office will have billable travel costs. Sub -Consultant services will incur on a mark-up cost. www.ca Ite%tinsrwction. Corn City Council 21 — 309 7/6/2021 Geotechnical and Construction Material Testint I aboratory SCHEDULE OF FEES 2021 - FOR ON -CALL SERVICES City Council 21 — 310 w wxnIresr nsperrinn.ram 71612021 FYM:I:44OMV2]ii:11:P11 i M51MIRDFAR+7CNtl1y41 Bolts-ASTM F606. Bolt Tensile. Nut proof test. Rockwell hardness Pre -stress Wire ASTM A416 ' S15( ASPHALT Extraction and Gradation-ASTM D6307 S36( Milk Spacific_Gravity- ASTM 2726 S281 FIREPROOFING Density-ASTM E605 Per sample $65 Rolii Fop fur Servii_p_s on regular hminpsS hours of 7arn to 4prn, Monday to Friday with a miniinurn charge Of 4-1) Over Time x1.5 Douhle Time x2.0 1 Travel time and Additional charges may apply for projects morn than S0 mlcs from our Paramor,nt and No Gonal City offices. City -Council 21 311 7/6/2021 W W W.G+I [e>cinspccuon.com Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Sole Source Purchase Order for Art Wraps for Eight Fitness Courts AGENDA TITLE: Sole Source Purchase Order to the National Fitness Campaign, LLC (NFC) for Art Wraps for Eight Fitness Courts for an Amount Not to Exceed $218,500 (Non -General Fund) RECOMMENDED ACTION Approve a sole source purchase order to the National Fitness Campaign, LLC (NFC) for Art Wraps for eight fitness courts in an amount not to exceed $218,500, subject to non - substantive changes approved by the City Manager and City Attorney DISCUSSION Since June 2019, the Parks, Recreation, and Community Services Agency (PRCSA) has worked toward the purchase and installation of eight fitness courts at the following parks: Jerome, FI Salvador, Delhi, Cabrillo, Rosita, Thornton, I illie King, and Heritage Parks. PRCSA will add graphics to the fitness courts through an artist grant program where artists will be selected to create art wraps for the exercise wall of the fitness courts. PRCSA is issuing a Call for Mural Proposals to Santa Ana -based artists or artist teams for a collection of digital designs for outdoor murals suitable for placement on eight of their new fitness courts. The selection panel will review and evaluate the applications and final design proposals based on criteria that may include, but is not limited to the following: • Artistic merit • Availability and ability to work for the term of the project • Santa Ana -based artist/team • For the fitness court located near the Southwest Senior Center, priority will be given to an artist/team that includes at least one artist who is 60+ years old An all-inclusive award of $5,000, to be provided by NFC per artist/team, is to cover all costs incurred by the artist in the course of designing the artwork. ENVIRONMENTAL IMPACT there is no environmental impact associated with this action. City Council 22 — 1 7/6/2021 Sole Source Purchase Order for Art Wraps for Eight Fitness Courts July 6, 2021 Page 2 FISCAL IMPACT Funds are budgeted and made available in the following account for the specified year - Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit -Account # Description Description FY 21-22 01213020- Cannabis PRCSA Youth Services- $218,500 66220 Public Benefit Improvements Other Than Fund Building EXHIBIT(S) 1. Quote Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 22 — 2 7/6/2021 NATIONAL FITNESS CAMPAIGN �P ryi QUOTE Der° Apr 9. 2n21 Expiry City of Santa Ana ort 6. 2021 20 Civic Center Plaza Quote Number Parks, Recreation and Community Services Agency, M23 OU-O610 SANTA ANA CA 92701 USA Reference Local Art Program Deserlptlon Ouantlty Unit Price Fitness CULVI Public: An Pioyrartl -Edge to Edge Bark Wall Artwork Wraps -Custom Side Panels with Artist Bio -Custom Front Wall Artwork Wraps -Digitization of Art Terms 8.00 25,000.00 National Fitness Campaign LLC For all questions regarding this invoice, contact: info@nfchq.com Tax Amount USD 9.25% 200,000.00 Subtotal 200.000.00 TOTAL CALIFORNIA 9.25% 18,50000 TOTAL USD 218,500.00 Terms 1.PAYMENTTERMS Purchaser will pay Seller 100% of the Purchase Price within 30 clays of the Delivery Date. Purchaser is responsible for payment of shipping costs, including packing, insurance and freight. These payment terms will apply unless other approved payment Lerms have been agreed to by both parties. 2. TAX EXEMPTION This quoted total is based upon Purchaser's tax exempt status. for which verifying documentation roust be provided to Seller. If Purchaser is not tax exempt, sales tax will be applied before Purchase Price is to be considered final or binding. City Council 22 — 3 7/6/2021 RagisLuruu Ullice PO Bux KkN. San Francisco. CA. 94126. USA. Public Works Agency https://www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Relocation of Public Utility and Emergency Vehicle Access Easements AGENDA TITLE Authorize Relocation of Public Utility Easements and Emergency Vehicle Access Easements within 2590 South Redhill Avenue, and 1901, 1951 and 2001 East Dyer Road (Applicants and Owners. PR/Broadstone Heritage I LLC, PR/Broadstone Heritage II LLC, PR/Broadstone Heritage III LLC, and LD Acquisition Company 19 LLC) (No Fiscal Impact) RECOMMENDED ACTION Authorize the City Manager to execute quitclaim deeds relinquishing the City's interest in public utilities easements and emergency vehicle access easements at 2590 South Redhill Avenue, and 1901, 1951 and 2001 East Dyer Road to PR/Broadstone Heritage I LLC, PR/Broadstone Heritage II LLC, PR/Broadstone Heritage III LLC, and LD Acquisition Company 19 LLC, Delaware limited liability companies, in exchange for replacement public utilities easement and emergency vehicle access easements. DISCUSSION Heritage Village OC, LLC is in the process of completing the construction of a mixed -use development consisting of 1,400 residential units and 18,000 square feet of commercial space at 2001 East Dyer Road. On February 2, 2016, the City Council approved a General Plan amendment, development agreement, and tentative tract map along with other entitlements to allow the project. The final tract map was prepared by the developer and recorded with the County of Orange on August 19, 2016. The developer dedicated a public utilities easement and an emergency vehicle access easement with the recordation of the tract map (Exhibit 1). After construction of the buildings and associated improvements within the development, the developer discovered that portions of the easements conflict with the buildings. To remove the conflicts, the developer has requested the City quitclaim the easements in their entirety, and, in exchange, will grant replacement easements (Exhibit 2). Generally, easements provide access or right of entry for specified purposes. In this case, easements were granted to the City in order for the City to access private property to maintain public utilities within the development and access the site in case of emergencies. City Council 23 — 1 7/6/2021 Relocation of Public Utility and Emergency Vehicle Access Easements July 6, 2021 Page 2 Consistent with past practices with similar actions, staff examined whether the City would require compensation for the value of the easement rights being quitclaimed. The replacement easements cover a slightly larger land area, and therefore no compensation is needed. Staff has determined that the City's needs for public utility maintenance and emergency vehicle access will be more effectively served by the replacement easements and recommends quitclaiming the existing easements. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Location Map 2. Quitclaim Deed Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By. Kristine Ridge, City Manager City Council 23 — 2 7/6/2021 anN3AV 'l-lH O3d f c Z5 Police Department www.santa-ana.org/pd Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: FY20 Emergency Management Performance Grants AGENDA TITLE: Approve Appropriation Adjustment, Resolution and Agreements Accepting Fiscal Year (FY) 20 Emergency Management Performance Grants (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $45,724 in FY20 Emergency Management Performance Grant (EMPG) funds and $16,661 in FY20 EMPG Supplemental funds in revenue account, and appropriating same to expenditure account. 2. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for the purpose of obtaining FY20 Emergency Management Performance Grant (EMPG) funds related to homeland security, emergency management and/or disaster recovery, provided by the US Department of Homeland Security and sub -granted through the State of California. 3. Authorize the City Manager to execute a two-year agreement with the County of Orange, for the period of July 1, 2020 through June 30, 2022, for the FY20 EMPG Grant in an amount not to exceed $45,724, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Authorize the City Manager to execute an agreement with the County of Orange, for the period of January 27, 2020 through October 26, 2021, for the FY20 EMPG Supplemental Grant in an amount not to exceed $16,661, subject to non -substantive changes approved by the City Manager and City Attorney. 5. Award a contract to ATT for the purchase of 911 Vesta Computers for the Citys Emergency Operations Center Department in the amount of $51,915, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Emergency Management Performance Grant (EMPG) is funded by the U.S. Department of Homeland Security and passed through the State of California Office of Emergency Services (Cal OES). The EMPG grant is designed to assist state and local City Council 24 — 1 7/6/2021 FY20 Emergency Management Performance Grants July 6, 2021 Page 2 emergency management and disaster preparedness programs with employment and development of emergency management staff, development of emergency plans and procedures, and preparing cities for disaster response. The EMPG grant is distributed by population to counties and cities that maintain emergency management staff and meet training, exercising and reporting requirements. The EMPG grant is usually a single annual allotment for each fiscal year. However, this year, in response to the COVID-19 pandemic and the associated economic losses, the U.S. Department of Homeland Security authorized both the annual FY20 allotment as well as a separate FY20 EMPG Supplemental grant. In August 2020, the Police Department submitted an initial application forthe FY20 EMPG Supplemental Grant and was awarded $16,661, which the Police Department will utilize to purchase shelter supplies (cots, blankets, hygiene kits) for persons who have been evacuated from their homes during emergencies. In addition, in January 2021, the Police Department submitted an initial application for the FY20 EMPG Grant and was awarded $4b,724. The Police Department will utilize this funding to equip the City's Emergency Operations Center with two Vesta 911 computers, enabling the EOC to receive and dispatch 911 emergency calls during disasters and also to act as a backup 911 dispatch facility in the event the City's primary 911 communications facility is incapacitated. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT In Fiscal Year 2021-22, the appropriation adjustment will recognize $45,724 in FY20 Emergency Management Performance Grant (EMPG) funds and $16,661 in FY20 EMPG Supplemental funds in revenue account (no. 12814002-52001), and appropriate same to expenditure accounts (nos. 12814414 - various). Existing Police Department funding of the Emergency Operations Coordinator position fulfills the requirement for matching funds. EXHIBIT(S) 1. Resolution 2. FY20 EMPG Transfer Agreement with County of Orange 3. FY20 EMPG-S Transfer Agreement with the County of Orange Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 24 — 2 7/6/2021 Exhibit 1 N =6711tll 1 lei 011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR HER DESIGNEE(S) TO OBTAIN 2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 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 State of California Office of Emergency Services is responsible for implementing the United States Department of Homeland Security's Emergency Management Performance Grant Program (EMPG). The funds cover the salary costs for personnel involved in emergency management activities as well as the cost of miscellaneous equipment identified on the OHS approved equipment list. B. The County of Orange is a subgrantee of the 2020 EMPG funds and will provide funds to local governments for implementation of countywide emergency management capabilities. C. The City of Santa Ana is one of the subrecipients of the EMPG funds and has been allocated $45,724 of the Countyof Orange's EMPG fund and $16,661 in EMPG Supplemental funds. Section 2. 1 he City Council of the City of Santa Ana hereby authorizes the City Manager, on terms acceptable to the City Attorney, to execute a sub -recipient transfer agreement (also called a transfer agreement) with the County of Orange and/or Orange County Sheriffs Department in an amount not to exceed $42,760, and an additional transfer agreement for supplemental EMPG funds in an amount not to exceed $16,661. Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager or her designee, on terms acceptable to the City Attorney, to prepare reimbursement agreements for salary costs, equipment, services, or training with the County of Orange pursuant to the guidelines set for in the EMPG program and EMPG Articles, Assurances, Certifications, Terms and Conditions. City Council 24 — 3 7/6A24p'h of 2 Section 4. The City Manager of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2020 Emergency Management Performance Grant in the amount of $45,724, and $16,661 in EMPG Supplemental funds, and appropriates same in the FY2020 Emergency Management Performance Grant expenditure accounts. Section 5. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the Clerk of the Council shall attest to and certify this the vote adopting this Resolution. SIGNED this day of July, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: S nia R. Garvalhu, GiLy ALLorney B Tamara ogosian Senior Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembe Councilmembe Councilmembe Councilmembers :.7d.-4rld0wilrx.».rir �r.�rC�7r•I�\�I�7C.7:7Ce7I�►�\��i'/ 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 , 2021. Date: Clerk of the Council City of Santa Ana R"oltif o. , xxx City Council 24 — 4 716VUR12 or 2 Exhibit 2 1 ACHVEMENT I01 HANSFFat FUNDS 2 FOR 2020 EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM 3 4 THIS AGREEMENT is entered into this day of 20, which date is 5 cnumerated for purposes of reference only, by and between the COUNTY OF ORANGL, a political 6 subdivision of the State of California, hereinafter referred to as "COUNTY," and 7 a municipal corporation, hereinafter referred to as 8 " SUBRLCIPILNT." 9 WHEREAS, COUNTY, acting through its Sltcritt=Coroner Delmitmcut, hereinafter reterred to 10 as SHERTFF, in its capacity as the Icad agency for the Operational Area, has applied for, received and 11 accepted the Lnrergeney Management Performance Grant (hereinafter referred to as "the grant") from 12 the California Office of Emergency Services ("CAIDES"). 13 WHEREAS, the propose of the grant is to support comprehensive emergency management at 14 the state, tribal and local levels and to encourage the improvement of prevention, protection, mitigation. 15 response and recovery capabilities for all hazards, as set forth in Attachment A hereto (FEMA 16 Preparedness Grants Manual), which is attached hereto and incorporated herein by rcl'crcncc- 17 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1s 1. C:OUN'1 Y shall transfer to SLJBRECd'lEN I grant funds, in <i rears, as necessary to 19 reimburse STJBRECTPTENT lot reasonable and permissible cxperIditw-es lbr the grant purposes- Tn 20 order to obtain grant funds, SUBRECTPILNT shall comply with the instructions and submit to SHLRIFF 21 all required information and documentation, as set forth in Attachment B (FY2020 EMPO Financial 22 Management Forms Workbook), which is attached hereto and incorporated he -cm by rcfcrcnce- 23 2. Throughout their useful life, grant property and equipment shall be used by 24 SUBRECIPlENT only for grant purposes in accordance with Attachment A hereto. 25 3- STJBRECTPTENT shall exercise due care to ptcscrvc and sali:guard grant property and 26 equipment from damage or destruction and shall provide regular maintenance and such repairs for grant 27 property and equipment as are necessary, in order to keep said grant property and equipment 28 continually in good working ordcr- crlllftylaouncil 24 — 5 7/6/2021 r.uar.rency M........•e.nani N,i6........ DepenmuL of Mower HKI Sccunty l age 1 Of 4 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 1K 19 20 21 22 23 24 25 26 27 23 4- If grant property or equipnheru becomes obsolete, SUBRL-CTPTL-NT shall dispose of it only in accordanec with the insmictions of COUNTY or the agency from which COUNTY received the grant funds. 5- SUBRECTMENT shall submit to the COUNTY grant program reporting documents and information in aecordance with requircncents set out in the Attachment C (FY2020 Lncergency Management Pet%rmance Orant Program: California Supplement to the FLMA Preparedness Grams Manual, or, The State Guidance), which is attached hereto and incorporated herein by referahce. 6. By executing this Agreement, SUBRLCMENT agrees to comply with and be fully bound by This Agreement and all applicable provisions of Attachments A. B. C. and 1) (Standard ASSLL72hnCCS for all CaIOLS Fcdcral Grant Programs) hereto. STTBRLC'TPTLNT shall notify COUNTY immediately upon discovery that it has clot abided or no longer will abide by any applicable provision of This AgreemenT or Attachments A, B, C, or 1) hereto. 7- SUBRECTMENT agrees to indemnify, defend and save harnhless COUNTS" and the agcney from which COUNTY received grant funds, and their elected and appointed officials, officers, agenTs and employees from ally and all claims and losses accrUing or resulting to any and all Contractors, subconlracaors, laborers, and any olbcr person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBRhC'1PIENT's performance of this Agreement, including Attachments A. B, C. and 1) hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBRLCTPTPNT in the performance of this Agreement, including Attachments A, B, C, and D hereto. K. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized rcplescmatives of the parties 11Crtil0, and no oral understanding or agreement not incorporated herein shall be Binding on any of the parties hcrcto. 9. SU13RE(.'ll'lhNT may not assign this Agreement in whole or in pats without the express I wriacn consent ol'COTTNTY- 10. SUBR-LC1P1liNT shall provide to COUNTY all records and information requested by COUNTY for inclusion in quarrerly reports and such other reports or records as COON I may be crn2CftYl1Council 24 — 6 r.uar.rency M...... .•e.nani N,i6........ Del.artwcN of Ilowcr UKI Sccunly Pager 2 of 4 7/6/2021 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 1K 19 20 21 22 23 24 25 26 27 23 required to provide to the agrncy from which COUNTY received grant funds or other persons or a�cncics. 11. For a period of three years after the final Federal Financial Report hereunder or until al, claims related to this Agrecrncht arc finally settled, whichever is later, SUBRECTPTE-NT shall prescvc and maintain all documents, papers and records relevant to the work performed or property or equipmen acquired in accordance with this Agreement, including Attachments A, 13, C. and 1) hereto. For the sane time period, STTBRECIPTENT shall make said documents, papers and records available tc COUNTY and the a,ene-y from which COUNTY received the grant hinds or their duly authorize( representative(s), for examination, copying, or mechanical reproduction on or off the premises o1 SUBR1 CTMENT, upon request, during usual working hours. 12. SUBRECMENT and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after the final Federal Financial Rcport hcrundc-- 13. COUNTY may terminate this Agreement and be relieved of the payment of any consideration to SU13Rh:(-'lP1EN 1 if a) SUBREC IP1ENT fails to perform any of the covendnts contained in this Agrecrncht, incuding the applicable terms of Attachrncnts A, B, C, and D hceto, at the time and in the manner herein provided, or b) COUNTY loses funding under the grant. In The event of termination, COUNTY tray proceed with the work many manner deemed proper by COUNTY. 14- SUBR1 CTMENT and its agents and employees shall act in an mdepchdcht capacity in the performance of this A.-recment, including Attachments A, B, C, and D hereto, and shall not be considered officers, agents or employees of CO)UN"lY or SHERLFF or of the agency from which COITNTY received grant lunds- 15. By signing this Agrecnicnrt, SUBRLCE1P1ENT' understands and agrees that: a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for an), rcirubursetncht Undcr theFY20 EMPG b. A SUBRIC'LPIENT representative nntst sttetid half of the Orange County Emergency Managers Organization meetings held front July 1, 2020 through June 30, 2021: ctn2CftYl1Counci1 24 — 7 r.uar.rency M...... .•e.nani N,r6........ Del.artwcN of Ilowdsul Sccunly Page 3 of 4 7/6/2021 2 3 4 5 6 7 14 15 16 20 21 23 24 25 26 27 28 a STTBRT CTPTL-NT must maintain National incident Managentettt System (NTMS) conipliancc; d. For any personnel whose salary is charged to the grant, that specific individual must meet the training and exercise require ncnts sct forth in the grant guidance; e. Only those expenditures specifically detailed in the Financial Management Forms Workbook are approved for funding: any changes must be pre -approved by the California Office ofLmcrgcncy Scrviccs; f. SUBREC1P1LN'I' rcimbursement requests received after June 30, 2021 will not be accepted. IN NV IAESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. DARED: .20 COUNTY OF ORANOL, a political subdivision of the State of California APPROVED AS'fO FORM COUNTY COUNSEL By WendyJ. Phillips, Senior Deputy DATED: 20 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney ILL .... Tatnara Bogosian Senior Assistant City Attorney By Sheriff=Coroner "COUNTY" SUBRLCIPILNT By ATTEST - DATED: City Clerk ctD2CftyoICouncil r.uar.rencv M...... .•e.nani N,i6........ Del.artwcnl of Ilowdand Sccunly 24-8 Pagc 4 of 4 7/6/2021 kxhibit 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1K 19 20 21 22 23 24 25 26 27 28 AGREEMENT TO TRANSFER FUNDS FOR 2020 EMERGENCY MANAGEMENT' PL,RFORMANCE GRANT PROGRAM COVID-19 SUPPLEMENTAL THIS AGREEMENT is entered into this day of 20 , which date is Cnumeratcd for PulposCs of reference only, by and between the COUNTY OF ORANGE a political subdivision of the State of California, hercinafter referred to as "COUNTY," and a municipal corporation, hereinafter referred to as I " SUBRECTPTENT WHEREAS, COUNTY, acting through its Sheriff -Coroner Department, hereinafter refereed to as SHERIFF, in its capacity as the lead agency for the Operational Area, has applied for, received and accepted the Emci-gency Managancatt Perforinancc Grant COV1D-19 Supplemental (hercinafter refen-ed to as ..the grant") from the California Office of Emergency Scivices ("CaIOLS" ). WHEREAS, the purpose of the grant is to support coniprchensive emelgency mauagencnt at dIc slate, tribal and local levels and to CnCowagC the improvcmCnt ofprcvCntion, protCuion, mitigation, response and recovery capabilities for all hazards, as set firth ill Attachment A hereto (FEMA Preparedness tyrants Manual), which is attached hereto and incorporated herein by reference. NOW, THEREFORE, IT IS MUTUALLY AGREFID AS IFOI.I.ON'S; 1. COUNTY shall tremsfer to SUBRLCLPIENT grant fiords, in arrears, as necessary to reimburse SUBR-ECIPlENT for reasonable and permissible expenditures for the gram purposes. lu order to obtain grant funds, SUBRI CTMENT shall comply with the instructions and submit to SHERIFF all required information and documentation, as set forth in Attachment B (FY2020 LMPG-S Financial Management Forms Workbook), which is attached hereto and incorporated herein by reference. 2- Throughout their useful life, grant property and equipment shall bC used by SUBKECIPIL'NT only for grant purposes in accordance with Attachment A hereto. 3. SUt3REClPlENT shall exercise due care to preserve and safeguard grant property and cquipmCnt from damauc or destruction and shall provide regular maintenance and such repairs lirr gran[ crD2Cftyn1Counci1 24 — 9 7/6/2021 r.uar.rency KI..n:n•En.tul N,i6........ a Ci.na Del.artwcnl of Ilowdsul SccIli ly f aga l Of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1K 19 20 21 22 23 24 25 26 27 23 property and equipmertt as are necessary, in order to keep said grant property and equipment continually in good working order. 4. if grant property or equipment becomes obsolete. SUBREC11'lENT shall dispose of it only in accordance with the instructions of COUNTY or the agency from which COUNTY received the grant hinds. 5. SUBRh:C11'lENT shall submit to the COUN'1 Y grant program reporting documents and information in accordance with requircrnents set out in the Attachment C (Fiscal Year 2020 Emergency Management Performance Grant Program COV1D-19 Supplemental (LMPG-S): California Supplement to the Federal Notice of Funding Opportunity or, The State Ouidance), which is attached hereto and incorporated herein by reference. 6. By executing this Agreement, SUBREC1PlENT agrees to comply with and be fully bound by this Agreement and all applicable provisions of Attachments A. B. C. and 1) (Standard AS5nrar7CCS for all CaIOBS Federal Non -Disaster Grant Programs) hereto. SUBRECTPTENT shall notify COUNTY immediately upon discovery that it has not abided or no longer will abide by any applicable provision of this Agreement or Attachments A, B, C, or 1) hereto. 7_ SUBRECTMENT agrees to inelemnify, defend and save harmless COUNTS" and the agcney from which COUNTY received grant funds, and their elected and appointed officials, officers, agents and employees from ally and all claims and losses aceming or reSUlting to any and all Contractors, subconlretors, laborers, and any otbcr person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with SUBREC1P1ENT's performance of this Agreement, including Attachments A. B, C, and 1) hereto, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by SUBREC.TPTPNT in the performance of this Agreement, including Attachments A, B, C, and D hereto. K. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by duly authorized representatives of the partics hereto, and no oral understanding or agreement not incorporated herein shall be Binding on any of the parties hereto. 9. SUBRh:C11'lEN'1' may not assign this Agreement in whole or in part without the express wriltcn consent ol'COTTNTY_ CFn2Cftyl1Council 24 — 10 r.uar.rencv M...... .•e.nani N,i6........ a Ci.na Del.artwcN of Ilowcr UKI Sccunly Pager 2 of 4 7/6/2021 1 2 3 4 5 6 7 8 y 10 11 12 13 14 15 16 17 1K 19 20 21 22 23 24 25 26 27 28 10- STTBRECTPTENT shall provide to COITNTY all records and information requested by COUNTY for inclusion in quarterly reports and such other reports or records as COUNTY may be required to provide to the agency from which COUNTY received grant funds or other persons or agency cs- 11. Fora period of three years after the final Federal Financial Report hereunder or until all claims related to this Agreement are finally settled, whichever is later. Sl1B1LE(-JP1ENT shall preserve and maintain all documents, papers and records relevant to the work performed or property or equipment acquired in accordance with this Agreement, including Attachments A, B, C, and D hereto. For the same time period, SUBRECIPIENT shall make said documents, papers and records available to C0I7NTY and the agency from which COTTNTY received the grant fiords or their duly authorized repfesentative(s), for examination, copying, or mechanical reproduction on or off the premises of SUBRECII'lEN'1', upon request, during usual working hours. 12- STTBRECTPTENT and COUNTY shall be subject to examination and audit by the State Auditor General with respect to this Agreement for a period of three years after the final Federal Financial Repots hereunder. 13- COTTNTY may laminate this Agrcanan and be relieved of the paylnenl of any consideration to SUBRECIPIENT if a) SUBRECIPIENT fails to perform any of the covenants contained in this Agreement, including the applicable terms of Attachments A. B, C, and 1) hereto, at the bane and in the manna- herein provided, or b) COTTNTY loses funding under the grant- Tn the event of termination. COUNTY may proceed with the work in any mariner decined proper by COUNTY. 14. SUBRECE'lENT and its agents and employees shall act in an independent capacity in the ticribrrnanec of this Agreement, including. Attachments A, B, C, and D hereto, and shall not be considered officer's, agents or employees of COUNTY or SHERIFF or of the agency from which C'OUN'fY received grant funds. 15- By signing Ihk Agreement, STTBRE-CETPTENT understands and agrees that a. Failure to follow grant guidance, including those detailed below, will result in ineligibility for any reimbursement under the FY20 EMI'(i-S: CFn2Cfty)1Council 24 — 11 r.uar.rencv M...... .•e.nani N, 16.... a Ci.na Del.artwcN Of llowdsul Steamy Naga 3 of 4 7/6/2021 2 3 4 5 6 7 14 15 16 20 21 23 24 25 26 27 28 b- SUBRECTPTE-NT must maintain National htcidcm Management Systcm (NTMS) compliance; c. Only those expenditures specifically detailed in the Financial Management Forms Workbook arc approved for funding; any changes must b: pre -approved by CalOES; d. Grant fiords may not be used for exercises; e. Equipment purchased with grant funds must be on the Authorized Equipment List in an eligible category; the STTBRECTPTENT is responsible for cnstu-ing equipment is eligible as sonic categories arc excluded. f. SUBRECIPlENT reimbursement requests received after June 30. 2021 will not be acccptcd- IN WITNESS WHEREOF, the parties have executed this Agreement in the County of Orange, State of California. APPROVED AS TO FORM COUNTY COUNSEL By Wcndy J. Phillips, Senior Dcputy DA'1 Ell: .20 DA'1 Ell: .20 AITI' OVFT) TO FORM Suuiu R- C az v llxa i Attornelk Tamara Hogosian Senior Assistant City Attorney COUNTY OF ORANGE, a political subdivision of the State of California By Sheriff=Coroner "COUNTY" SUBR C U'lEN 1: City of B v: Title. ATTES'l : City Clerk DA'1 ED: CM2CK o'Council r uer. enev KI..n:n•en.eul N,i6........ a Ci.na Del.arlwcN of Ilowdsul Sccunly 24-12 Nape 4 of 4 7/6/2021 Public Works Agency https://www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Master Agreement for Transportation State -Funded Projects AGENDA TITLE Adopt a Resolution Authorizing the Executive Director of the Public Works Agency to Execute Program Supplement Agreements with the State of California Department of Transportation (Caltrans) as Required by Master Agreement No. 12-5063521 and Approve Revised Administering Agency -State Master Agreement No. 12-5063521 to Secure State Grant Funds (No Fiscal Impact) RECOMMENDED ACTION 1. Adopt a resolution authorizing the Executive Director of the Public Works Agency to execute all program supplement agreements required by Administering Agency -State Master Agreement No. 12-5063521 with Caltrans to reimburse the City for State - funded projects. 2. Authorize the City Manager to execute a revised Administering Agency -State Master Agreement No. 12-5063521 for State -funded projects with Caltrans, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana has an existing Administering Agency -State Master Agreement No. 00289S with Caltrans which allows the City to receive reimbursement on a number of State -funded projects. The agreement has been in effect since January 19, 2010 and was revised on May 10, 2021 (Master Agreement No. 12-5063521) to incorporate various changes in regulations and policies. Authorization of the revised master agreement is needed in order to continue receiving grant funding and reimbursements on certain transportation projects. Under the revised master agreement, project -specific program supplements are issued, and these program supplements constitute the contractual basis for Caltrans to reimburse the City for State funded transportation projects. Program supplements define the scope of work and reimbursement limits and must be separately executed in order to receive the funds. Adoption of a resolution is needed to authorize the Executive Director of the Public Works Agency to execute the program supplements. City Council 25 — 1 7/6/2021 Award Master Agreement for State -funded Transportation Projects July 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. EXHIBIT(S) 1. Master Agreement— Administering Agency -State Agreement for State -funded Projects 2. Resolution Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 25 — 2 7/6/2021 MASTER AGREEMENT ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE -FUNDED PROJECTS 12 City of Santa Ana District Administering Agency Agreement No. 12-5063S21 EXHIBIT 1 This AGREEMENT, is entered into effective this day of 20_, by and between the City of Santa Ana, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE', and together referred to as "PARTIES" or individually as a "PARTY." IC7xi7111F_\6Y 1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and 2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (OTC) and/or STATE for funding from a State -funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT; and 3. WHEREAS, said PROJECT will not receive any federal funds, and 4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terns and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW, THEREFORE, the PARTIES agree as follows: City Council 25-3 Page 1 of 16 7/6/2021 1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY. 2. The State approved project -specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work. 3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY agrees to execute and return each project -specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project -specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing. 5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed -upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT. 6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT. 7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE. 8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA). 9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), City Council 25 — 4 7/6/2021 Page 2 of 16 preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration. 10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work, construction staking, laboratory and field testing, and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work. 12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 13. If PROJECT is not on STATE -owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY -approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual. 14. If PROJECT involves work within or partially within STATE -owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights -of -way or work which affects STATE facilities. 15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. 16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and City Council 25 — 5 716/2021 Page 3 of 16 usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations. 17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT. 18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 20. ADMINISTERING AGENCY shall submit PROJECT -specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award. 21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual. 22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement. 24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY. City Council 25 — 6 71612021 Page 4 of 16 ARTICLE II - RIGHTS -OF -WAY 1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights -of -way are available for construction purposes or will be available by the time of award of the construction contract. 2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise. (a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made- 3- ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights -of -way were not available to ADMINISTFRING AGFNCY for the orderly prosecution of PROJFCT work. City Council 25 — 7 7/6/2021 Page 5 of 16 ARTICLE III - MAINTENANCE AND MANAGEMENT 1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If. within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being property operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence. 3. PROJECT and its facilities shall be maintained by an adequate and well -trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. 4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards. City Council 25 — 8 7/6/2021 Page 6 of 16 FA:I!9W4aWAS d6-TiW0 Z! _060 &.1 reQNRI 1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC. 2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project -specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter. 3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project -specific PROGRAM SUPPLEMENT or through a project -specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on -going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period 4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included. 5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY. 7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE. 8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. 9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the City Council 25 — 9 7/6/2021 Page 7 of 16 form of an allocation and finance letter. 10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds. 11. ADMINISTERING AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs. 12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual. 13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE. 14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter. 15. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CaIHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CaIHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand. 16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326. 17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. City Council 25 — 10 7/6/2021 Page 8 of 16 Every recipient and sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.3266overnments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies. 18. Every recipient and sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations. 19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual. 20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY. 21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the Statc Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, 20from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. 22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. City Council 25 — 11 716/2021 Page 9 of 16 /M1:i044111110V1 AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS 1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V. 2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above -referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1 B funds, from the date of final payment to ADMINISTERING AGENCY. 4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds. 5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts. 6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts. 7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third - City Council 25 — 12 71612021 Page 10 of 16 party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same planner that is required of all other PROJECT expenditures. 9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third -party beneficiaries. City Council 25 — 13 71612021 Page 11 of 16 ARTICLE VI - MISCELLANEOUS PROVISIONS 1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws. 2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project -specific executed PROJECT SUPPLEMENT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE. 5. Each project -specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT. 6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee- 8- In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this City Council 25 — 14 71612021 Page 12 of 16 AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does riot have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT. 11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager. 13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT. 15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to. tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project -specific PROGRAM SUPPLEMENT; (h) failing to maintain any applicable bonding requirements, and (c) City Council 25 — 15 71612021 Page 13 of 16 otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY. 17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE. 18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE -approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project -specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY. 19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project -specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT. 20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By Chief, Office of Project Implementation Division of Local Assistance Date City of Santa Ana ZAF City of Santa Ana Representative Name & Title (Authorized Governing Body Representative) Date City Council Page 14 of 16 ----------------- Fhuek, Msieeaet C;2y wnoaney 7/6/2021 EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. 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. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(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. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 5. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTFRING AGFNCY has violated the Fair Fmployment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right City Council 25 — 17 71612021 Page 15 of 16 to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement. City Council 25 — 18 71612021 Page 16 of 16 ]mf 5126121 EXHIBIT 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE EXECUTIVE DIRECTOR OF THE PUBLIC WORKS AGENCY TO EXECUTE ALL PROGRAM SUPPLEMENT AGREEMENTS REQUIRED BY ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 12-5063S21 FOR STATE FUNDED PROJECTS BETWEEN THE CITY OF SANTA ANA AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 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 Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these State funds. B. The City of Santa Ana ("City") has an existing Administering Agency State Master Agreement No. 00289S (Master Agreement) with the California Department of Transportation (Caltrans) with an effective date of January 19, 2010. This Master Agreement provides for the City to receive reimbursements for such State funded projects. C. On May 10, 2021, the City received a revised Master Agreement with revised Master Agreement No. 12-5063S21. The Revised Master Agreement No. 12-5063S21 incorporates various changes in regulations and policies. D. Under the Revised Master Agreement No. 12-5063S21, project -specific Program Supplements are issued, and these Program Supplements constitute the contractual basis for Caltrans to reimburse the City for State funded transportation projects. Section 2. The City Council hereby authorizes the Executive Director of the Public Works Agency to execute all Program Supplement Agreements required by Revised Master Agreement No. 12-5063S21. City Council 25 _ 19 Resolution1r11XXX gage 1 of 2 ]mf 5126121 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this Bth day of July, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney J&fin M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilrnernbers ABS I AIN' 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 July 6, 2021. Date: Clerk of the Council City of Santa Ana City Council 25 — 20 Resolution 1r11XXX gage 2 of 2 Clerk of the Council Office www.santa-ana.org/cc Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Designate Voting Delegate for League of California Cities 2021 General Assembly AGENDA TITLE: Designate a Voting Delegate and Up to Two Alternates for League of California Cities 2021 General Assembly RECOMMENDED ACTION Designate a voting delegate and up to two alternates for the League of California Cities' Annual Business Meeting (during General Assembly) on Friday, September 24, 2021. DISCUSSION The League of California Cities' (Cal Cities) 2020 Annual Conference & Expo is scheduled from September 22 through 24, 2021, in Sacramento. Of particular significance at the conference is the Annual Business Meeting, where Cal Cities provides member cities, like the City of Santa Ana, an opportunity to consider and act on resolutions that establish Cal Cities policy. To expedite the conduct of business, every city is required to designate a voting representative and up to two alternates who will represent the City at the League Business Meeting (Exhibit 1). These designations must be made by City Council action. Cal Cities bylaws indicate that each city is entitled to one vote to take a position on matters affecting municipal or League policy as referenced in Exhibit 1. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. League of California Cities Correspondence - Designation of Voting Delegates and Alternates Submitted By: Daisy GOme7, Clerk of the Council Approved By. Kristine Ridge, City Manager City Council 26 — 1 7/6/2021 LEAGUE ..:CITIES Council Action Advised by August 31, 2021 June 16, 2021 TO: City Managers and City Clerks Exhibit 1 RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference & Expo — September 22-24, 2021 Cal Cities 2021 Annual Conference & Expo is scheduled for September 22-24, 2021 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 24. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Wednesday, September 15. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note: Our number one priority will continue to be the health and safety of participants. We are working closely with the Sacramento Convention Center to ensure that important protocols and cleaning procedures continue, and if necessary, are strengthened. Attendees can anticipate updates as the conference approaches. Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open mid -June at www.cacities.ora. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but City Council 26 — 2 7/6/2021 only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times. Wednesday, September 22, 8.00 a.m. — 6:00 p.m.; Thursday, September 23, 7:00 a.m. — 4:00 p.m.; and Friday, September 24, 7:30 a.m.- 11:30 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but Will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League's office by Wednesday, September 15. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form City Council 26 — 3 7/6/2021 �LEAGUE . 01 C:AIHUKNIA CITIES CITY: 2021 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to Cal Cities office by Wednesday, September 15, 2021. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. i �tl�l1l: [et U��xeln\ li Name: Title: 2. VOTING DELEGATE - ALTERNATE Name: 3. VOTING DELEGATE - ALTERNATE Name: Title: Title: 04_1.90IF-A i[*70533*11CIOTAdio[dtloSili![dC 44;1CFAi4F9J1 *L•1Si�:[JF�i7Y�l:i ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Mayor or City Clerk (rirrIH nnp) jciNnatnrNj Email Date Please complete and return by Wednesday. September 15, 2021 to: Darla Yacub, Assistant to the Administrative Services Director E-mail: dyacub@cacities.org Phone: (916) 658-8254 Phone Council 26 — 4 7/6/2021 LEAGUE UI C:AI If URN I C;ITI FS Annual Conference Voting Procedures I - One Cily One Vote. Each member city has a tight to Cast one vote ou mattes pertaining ut Cal Cities policy. 2. Designating a City Voting Representative. Yrior to the Annual Conference, each city Council may designatec a voting delegate and up to two alternates; thesc individuals are identified on the Voting Delegate Fonti provided to the Cal Citics Credentials Committee- 3- Registering with the Credentials Committee_ The voting delegate, or alternate,, may pick up the city', voting card at the Voting Delegate Desk in the conference regisualion area. Voting, delegates and alternates trust sign in at the Voting Delegate Desk. Here they will receive a special sticker on their nanic badge and thus be admiucd to dtc voting arca at the liusincss Mceting. &. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their ciry's voting caret by ptoviding a signattttL to the CrodentiaL Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. S. Voting. To cast the city's vote, a city olliciad trust have in their possession the city', voting chord and be mmstcred with the Crcdcrnials Cutntniuc c. The voting card clay be transictrcd treely between the voting delegate and alternates, but may not be transterred to another city otticial who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Mccting, individuals with it voting card will sit in a designated area. Admission will be limitcd to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7- Resolving Disputes- Tn case of dispute, the l-edenlials Connnnitlee will detenTnine the validity of siL'ltattues on petitioned resolutions and the right of a city official to vote at the Business Meeting. City Council 26 — 5 7/6/2021 City Manager Office www.santa-ana.org/cm Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Revive Santa Ana Spending Plan AGENDA TITLE: Approve the $80,012,101 Revive Santa Ana Spending Plan and Appropriate Federal American Rescue Plan Act (ARPA) Funding RECOMMENDED ACTION 1. Approve the S80,012,101 Revive Santa Ana Spending Plan to protect and revive our community as we emerge from the impacts of the COVID-19 pandemic. 2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-19, including authorization for the City Manager to move appropriated money between spending plan line items to reflect evolving federal guidelines and individual program popularity. DISCUSSION Background The American Rescue Plan Act (ARPA) of 2021 is the latest COVID-19 stimulus package approved by the U.S. Congress and signed into law by President Biden. ARPA is a $1.9 trillion economic stimulus bill. Within ARPA, the Coronavirus State and Local Fiscal Recovery Fund provides $350 billion in direct funding for states, municipalities, counties, tribes, and territories, including $130.2 billion for local governments split evenly between municipalities and counties. Of this, the City of Santa Ana is expected to receive $128,360,813. The City has received its first of two payments from the U.S. Department of the Treasury, in the amount of $64,180,000. Coronavirus State and Local Fiscal Recovery Fund The Coronavirus State and Local Fiscal Recovery Fund provides a substantial infusion of resources to help turn the tide on the COVID-19 pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. The purpose of the use of these funds are as follows: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. City Council 27 — 1 7/6/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 2 • Support immediate economic stabilization for households and businesses. • Address systemic public health and economic challenges that have contributed to the unequal impact of the pandemic. The Coronavirus State and Local Fiscal Recovery Fund provides substantial flexibility for each local government to meet local needs —including support for households, small businesses, impacted industries, essential workers, and the communities hardest hit by the pandemic. These funds can be used to make necessary investments in water, sewer, and broadband infrastructure, among other uses. As a recipient of these funds, the City has been working diligently to find the best way to use the City's allocation of the Coronavirus State and Local Fiscal Recovery Fund. To that end, the City created Revive Santa Ana, a community engagement initiative and spending plan to use the expected $128,360,813 in federal funding. Revive Santa Ana Spending Plan City staff launched the Revive Santa Ana Spending Plan mid -March 2021, referring to the City's direct allocation as "Revive Santa Ana" funding. The spending plan includes five expenditure categories: • Recovery from the Pandemic: o Public Health Equity, expansion of critical communication methods, sanitization, emergency response, mental health recovery, and a COVID- 19 memorial, support services for COVID-19 response • Direct Assistance Programs: o Rental assistance, housing vouchers, food supply/distribution, business and non-profit assistance, early childhood support, daycare and head start, after -school programs, youth violence, sexual assault intervention, technology skill courses, direct resident assistance • Public Health and Safety: 0 5k Run, additional green/open space, healthy food access, property compliance programs, rapid response homeless services, park restrooms, increased security for parks and community centers, First Street safety enhancements • Critical Infrastructure. o Broadband access, community center renovations, transformation of Central Library to support early childhood learning, expansion of library accessibility, IT and process upgrades, streetlights, storm drain gates, parking structure improvements • City Fiscal Health: c Legal support services, contract management, unemployment fund / paid leave reimbursement, accounting and compliance for federal funding, reserve for revenue loss allocation City Council 27 — 2 7/6/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 3 Community Engagement The first engagement opportunity was a community budget meeting on March 25, 2021, whereby community members were able to give input on the proposed spending plan. Additionally, the City launched a community feedback survey, available in English, Spanish, and Vietnamese, to gauge the community's thoughts on how the City should spend its Revive Santa Ana funding. The survey was available online and was distributed on the City's digital communications channels. Additionally, print surveys were available and shared at the City's main library and at City Hall. In total, 1,579 responses were collected. The findings of the survey were shared with the City Council. Separately, the City Council discussed Revive Santa Ana at several public meetings, including on March 16, May 18, May 24, June 1, and June 3, 2021. Several iterations of the Revive Santa Ana Spending Plan have been shared and discussed, whose changes reflect discussions by the City Council, comments from community members, and changing guidance from the U.S. Department of the Treasury relating to how the funds could be expended. Appropriation of Funds Below are the final Revive Santa Ana Spending Plan allocations for each of the proposed expenditure categories for the first allocation (for FY 2021-22): Expenditure Category Amount Recovery from the Pandemic $5,150,000 Direct Assistance Programs $26,132,101 Public Health and Safety $16,350,000 Critical Infrastructure $20,750,000 City Fiscal Health $11,630,000 Total $80,012,101 Staff recommends that the City Council approve the $80,012,101 Revive Santa Ana Spending Plan, and appropriate the City's primary ARPA allocation of $64,180,000 (first tranche only). The appropriation recommendation forthe $14,026,593 Emergency Rental Assistance Program is in a separate staff report on this same agenda. The remaining $1.805.508 of the $80.012.101 spending plan is for federal housing vouchers, scheduled for City Council consideration on Judy 20. Staff anticipates the spending plan will evolve, as the U.S. Department of Treasury is continually updating the spending guidelines and program popularity and use will affect spending priorities. Similar to the spending authorization for the Coronavirus Aid, Relief and Economic Security (CARES) Act, staff requests the City Council grant authorization to the City Manager to shift money between line items within the spending plan. The City Council 27 — 3 7/6/2021 Revive Santa Ana Spending Plan July 6, 2021 Page 4 City Manager will not have the authority to increase or decrease the overall appropriation. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Multiple departments will manage the various spending initiatives, and accounting units have been set-up accordingly in the new ARPA special revenue fund 181 to account for $64,180,000 of expenditures. Department Account Number Amount City Attorne 's Office 18108013-6XXXX $500,000 City Manager's Office 18103013-6XXXX 4,400,000 Community Development 18118013-6XXXX 9,250,000 Finance 18110013-6XXXX 12,630.000 Information Technology 18120013-6XXXX 5,500,000 Library 18111013-6XXXX 9.000.000 Parks and Recreation 18113013-6XXXX 12,650,000 Planning and Building 18116013-6XXXX 1.000.000 Police 18114013-6XXXX 1,000,000 Public Works 18117013-6XXXX 8,250,000 First Tranche of Primary Allocation $64,180,000 EXHIBIT(S) 1. Revive Santa Ana Spending Plan Submitted By: Kathryn Downs, Executive Director Finance and Management Services Approved By. Kristine Ridge, City Manager City Council 27 — 4 7/6/2021 Revive Santa Ana Spending Plan EXHIBIT '1 from the Pandemic Munl. l Heolth Recovery Men nal to Dvec LuxL Public I lealLh Cquay First Tranche Primary (Lead) - FY 21-22 Dept 75n.nno CDA 200.000 CMO 200.000 CMO Lxpan,ion of Li nca'. i-1tt' i-omnnlnlcatlons Methods 2; JUU,000 CNIU S:mil ii:rliun &, Prrur nlion ,00,nn0 ✓+nrA COVID Ern-rgr•ncy 1,500.000 rime", 5,150,000 Dire Ct Assistance ProgramS r:vly Cltlldllond Su ppnr 1. & I & Child/D:ry c., SOn,nnO P:v ks After -school / Youth sport Programs 300,000 Parks Emergency Rental Assistance Program' 14 U2b.S93 edA EmCrRcncy HOUS111R Vouchers" 1,805508 CUA Fuocf Supply/Di^.ribulioa 1nno,onn 4M0 R...Ines../Non-P... hi Atsislann: l,nnn,noo CriA YOUth VIOIBnCe/SBXL'.al M&AUlt Intervention/Reentry 1.000.0UU PD I echllology Skills / Digital Literacy LdLication sU0,000 Library Resident Direct Assistance 4,000,000 CUA . Nnt ARPA Funded 26.132.1R1 Rpvivp Rk Run Sn, 006 Parks Firer Str,, Peder:tr,in Safety Projeot 3,nno.nnn PWA Add.Llun u1 Pork/Open Spoon 7.900.000 Pork/CMO I Ieall.hy rOOCI ACCe LS 1.000.000 CMO Pro Dcrty Compliance/Assistanrr Propranr, 1,000,UU0 I'UA knpirl k,pnncr I Inmclrc- ;r vvirrs 1,000,nW (,A Il pgred� Perk 11-1moor.. 1,5nn.000 P:vb. EnhnoLed'-iLy lur u JbiliLy ul Peek a/Currunutily CenLua 1.000.000 Pork, 18,'350,000 Critical Infrastructure Parking StrLIHLIre nnprovemenu Broadband Access Community Center Renovations Tron:dorrrnrtion of Fcnlyd Library In ;up Vort carlY childhoon Icw"op, New I i'orary munch/rsp:r m.iun of I ibr:+ry Acm..'. Lilily PBcle. tT IT11 & MON lty Ir11provetne.otS Information I ethnology & Process upgrades Neighborhood Safety Streetlights Storm Drrin Gates & Channel Pmuog Ficcal Health I real Suppnrr Rcrvirr: R Cnnrrart Manaermcnr Soppnrr LLvmpluymm11L Fund/Paid Luovu RuinrburzurnunL ACCOun'-i.)!, & Comphcoce for reder]I ruildin%, Rc Scrvc for Revenue LOSS Allocation ARPA FI LTImuLe Al UULIwi Total spending, Plan S00.000 CDA S,SUU,000 PWA./CMU 1,S00.000 Parks 7,00n,000 Library 1,sno,onn Iihr,ry 3.000.000 PWA 2,000,UUU II 1,000.000 PWA 7'++n,nnn PWA 20.7.5n.Dnn ,nn nnn CAr) S00.000 Finonm 200.000 Finoncu 10Ai0000 rinalice I I,fi r i,nnn 64.180.000 30,012,101 City Council 27 — 5 7/6/2021 Planning and Building Agency www.santa-ana.org/pba Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 TOPIC: Housing Ad Hoc Committee Progress Report and Recommendations Regarding the Housing Opportunity Ordinance AGENDA TITLE: Housing Ad Hoc Committee Progress Report and Recommendations Regarding the Housing Opportunity Ordinance RECOMMENDED ACTION Receive the progress report from the Housing Ad Hoc Committee, discuss the recommendations, and provide direction to staff. BACKGROUND AND DISCUSSION At the direction of the Mayor and City Council, the Housing Ad Hoc Committee was formed on March 2, 2021. Committee members consist of Mayor Sarmiento and Councilmembers Lopez and Phan. The Committee convened its first meeting on March 22, 2021 and has since conducted three additional meetings to discuss various housing issues. The first set of recommendations from the Committee are related to the Housing Opportunity Ordinance. Ad Hoc Review of the Housing Opportunity Ordinance The HOO was originally adopted in November 2011 to implement the City's Housing Element goal to provide affordable housing within the City. In October 2015, the HOO was amended to make the inclusionary housing requirements more predictable for housing developers and to incentivize more affordable housing production on -site in conjunction with new market rate housing development. Some examples of the ordinance changes included simplifying the complex in -lieu fee calculation and creating additional incentives to allow developers the option of providing inclusionary housing units either on or off -site. In September 2020, the HOO was amended again to decrease the in -lieu fee amount for all projects from $15 to $5 per square foot, change the trigger of the HOO. and expand the eligible uses of in -lieu fees collected by the City. City Council 28 — 1 7/6/2021 Housing Ad Hoc Committee Progress Report and Recommendations July 6, 2021 Page 2 As part of their review of the HOO, the Ad Hoc Committee requested to review the in -lieu fee analysis by Keyser Marston Associates (KMA) completed in May 2020 and requested for the study to be updated with current information. The updated study is attached as Exhibit 1. Specifically, KMA has been engaged to prepare an analysis to estimate the in - lieu fee amounts that can be charged for rental residential and ownership housing developments on a financially feasible basis. The results of KMA's analysis can be summarized as follows: Supportable In -Lieu Fee: Housing Opportunity Ordinance Update Rental Residential Development $17.10 to $17.80/Sq. Ft. of Leasable Area Ownership Housing Develo ment $13.00/S . Ft. of Saleable Area Additionally, the Committee requested for available data and statistics relating to housing and housing affordability in the City. Staff engaged a third party housing consultant, MDG Associates. Inc. (MDG), for assistance with collecting and presenting the data. The information collected by MDG is attached as Exhibit 2. General findings from MDG's data shows that: 1) relative to the total housing supply, there is a small amount of affordable housing units (subsidized housing); 2) there is a gap between increasing rents and wages; and 3) zip code 92705 is the most expensive and 92701 is the most affordable based on the current rental rates, with affordability data provided for all zip codes based on unit bedroom size. Following their review of the information, the Ad Hoc Committee discussed three options to amend the HOC. The three options involved a review of. 1) the project threshold/size of a project that would require compliance with the HOO; 2) the trigger for when a project would be required to comply with the HOO; 3) the set -aside requirements for units for sale and for rent, 4) the options to satisfy the HOO requirements; and 5) additional enhancements to achieve the purpose of the HOO. The Committee provided direction for staff to draft their recornmended changes to the HOO for further discussion by the full City Council. Following this deliberative process, the Housing Ad Hoc Committee provided direction to draft amendments to the HOO as described and analyzed in Table 1: Summary of Amendments below. The draft HOO is attached as Exhibit 3 in rcdlinc format with the amendments discussed below. City Council 28 — 2 7/6/2021 Housing Ad Hoc Committee Progress Report and Recommendations July 6, 2021 Page 3 Table 1: Summary of Amendments Code Section Subject Ad Hoc Recommendations Title Update Title: The updated title will provide clarity and 2021 AFFORDABLE distinction from prior versions of the HOUSING Ordinance. OPPORTUNITY & CREATION 41-1901 Definition: The new ordinance will be likely be Deletes Entitled effective after October 1, 2021, and the residential project provision for "Entitled Residential definition Projects" no longer applies. 41-1902 Applicability: This section is amended to revert the Establishes new language to the previous HOO before it standards for projects was previously amended in October 2021. that need to comply with The 1 100 would apply to projects that will the ordinance require a zone change or general plan amendment, including city initiated zone changes and general plan amendments since November 28, 2011. The current ordinance only applies to projects that are requesting an increase in the density permitted by the General Plan. The amendment also adds a percentage of rental units that may be built on -site for extremely low-income households to 5 percent of the total number of units in an effort to incentivize the construction of extreme) low-income units. 41-1903 Exempt Projects- This section is amended to further clarify Clarifies which projects the exclusions to the HOO that may be are not subject to the agreed upon by City Council in a ordinance develo men[ a reemen[. 41-1904 In -Lieu Fee Option: This section is amended to increase the Revises the in -lieu fee in -lieu fee from $5 per habitable square and changes the timing foot to $15 per habitable square foot. This of payment section also removes the incentive for "Entitled Residential Projects" to obtain City Council 28 — 3 7/6/2021 Housing Ad Hoc Committee Progress Report and Recommendations July 6, 2021 Page 4 building permits during the current economic climate. The new ordinance will be likely be effective after October 1, 2021, and the provision for "Entitled Residential Projects" no longer applies. The amendments also apply to the timing of payment from issuance of the building permit to issuance of the certificate of occupancy in order Lo make [he larger fee more reasonable to pay after the project is developed. 41-1906 Standards: This section is amended to require units Revised the term of for sale and rental units that are built on - affordability for site to be affordable in perpetuity as an ownership and rental enhancement. units on -site 41-1909 Inclusionary Housing This section is amended to further clarify Fund: Clarifies the use the use of in -lieu fees paid to the City. It of the in -lieu fees provides the Community Development collected Agency with a priority for the use of the funds for large families and allows the funds to be used for additional one- time programs addressing housing security, eviction prevention, and housing legal assistance for city residents. 41-1910 In -lieu fee calculation: This section is amended to provide for Provides for periodic periodic review of the in -lieu fee when review at the option of determined to be appropriate by the City the City Council Council. Next Steps If the City Council desires to move forward with the changes recommended by the Housing Ad Hoc Committee, it is feasible to complete the final drafting of the ordinance and initiate the ordinance adoption process within 45 to 60 days upon receiving final direction. Following approval of the amendments to the HOO, the Housing Ad Hoc Committee will reconvene and continue to discuss the remaining topics below and may return in the future with recommendations for each topic: a. Rent Stabilization/Rent Control City Council 28 — 4 7/6/2021 Housing Ad Hoc Committee Progress Report and Recommendations July 6, 2021 Page 5 b. Just Cause Eviction Policies Additionally, the Committee also discussed forms of land ownership such as cooperatives & land trusts as well as options for regulatory streamlining and reduction of development impact fees to promote production of housing within the City. The Committee agreed early on that these topics are adequately covered and will be evaluated as part of the upcoming General Plan and Housing Element updates. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with initial direction from City Council. However, the future City Council action to accept some of the recommendations would have an impact on program revenue. EXHIBIT(S) 1. In -Lieu Fee Analysis by Keyser Marston Associates 2. MDG Housing Data 3. Draft Changes to the HOO for Discussion Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 28 — 5 7/6/2021 AOVISOft S IN PUB LIC/P21VAII ItIAI LSIA[[ DIV[IOPM[NI MEMORANDUM A6V6kik,i . Real Lnacc To: Judson Brown, Housing Division Manager Attnrdable Hnuwg E,L,nQ„11iLDe1e10hr„rr1, City of Santa Ana try From: Kathleen Head A. leRy KeySzr Keyer Timothy C. Ke'.,'...y Dcbbic N'.._ Kcrn David Dnezema Date: June 28, 2021 Kevin Feeney 1_0S AQ1;f YJN Kathiccn H. Hcad Subject: Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis hvie> A. R„I,e Gregory D. Soo-Hoo Kw n [ m ["npy I�lie I Rney At your request, Keyser Marston Associates, Inc. (KMA Updated our May 2020 financial Tim R. Breu analysis of the in -lieu fee that can be supported by residential development that is 3AN Deec<4 subject to the City of Santa Ana (City) Housing Opportunity Ordinance (Ordinance). The Paul C. Marra following memorandum describes the methodology and assumptions that KMA used in preparing the analysis. The results of the following analysis can be summarized as follows: Supportable In -Lieu Fee: Housing Opportunity Ordinance Update Rental Residential Development Ownership Housing Development .I/"r)n::Y"61f(rt,...RwA 'Ai: $17.10 to $17.80/Sq. Ft. of Leasable Area $13.00/Sq. Ft. of Saleable Area The Ordinance was originally adopted by the City Council on November 28, 2011. The Ordinance has been amended multiple times; the most recent modifications were adopted in September 2020. The Ordinance imposes inclusionary housing requirements on residential development that embodies any of the following characteristics: City Council ' 28 - 6 217JkQQA1i W W W.KEVSERMARSTON COM 19090.017.021 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 2 1. The proposed number of units exceeds the density permitted by the City's General Plan. 7. The prnpnsed project could not he developed under the site's existing Inning standards. 3. The proposed project is a conversion of rental units to ownership condominium units. r,% a '<9orl Vq,m,'iWI, in.4 4'41 �'l The City Council is currently considering options for clarifying and expanding the Ordinance. The potential Ordinance terms that were evaluated in the KMA analysis can be described as follows: 1. The requirements would be triggered by residential projects citywide with 20 or more units that embody one of the following characteristics: a. The proposed project requires a change in use to allow residential development or an increase the number of units above the density allowed by the City's General Plan, zoning standards, or mixed -use development standards, under one of the following criteria: The modifications were made by the City to the General Plan, zoning standards, or mixed -use development standards at any time after November 28, 2011; or ii. Modifications that are being requested by a private party following the adoption of the modified Ordinance. b. The proposed project is a conversion of rental units to ownership condominium units. 2. The following income and affordability requirements would be applied to the incremental number of units proposed to be developed above the permitted residential density: City Council 28-7 217d6i63024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 3 Income and Affordability Requirements Ownership Rental Housing Residential Development Development' Moderate Income 10% N/A Low Income N/A 15% Very Low Income N/A 10% Extremely Low Income N/A S% 3. In general, projects that are subject to the modified Ordinance requirements would be allowed to fulfill the affordable housing requirements in one of the following ways: a. Production of the affordable housing units on site within the proposed market rate project- b. Off -site production of the affordable housing units. C. Rehabilitation of existing units. d. Payment of a fee in -lieu of producing the requisite number of affordable housing units. 4. The proposed project would be required to fulfill the affordable housing requirements within the proposed market rate project if the proposed project would cause the removal of existing units that are occupied by low and/or very low income households. 1 The Developer would only be required to select one of the identified income categories to fulfill the productiun requirement. City Council 28 — 8 217J ia!Q2, i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 4 It is important to note that the modified Ordinance should be structured to ensure that the following standard are met: 1. Inclusionary housing requirements cannot be confiscatory or deprive an owner of a fair and reasonable return. Recognizing that the courts have not defined these terms, the City has some discretion in establishing evaluation parameters. 2. California Government Code Section 65583 (a) requires assessments of the potential and actual constraints being placed on the development of housing. Within that context, it is important for affordable housing programs to be set up to balance the interests of property owners and developers against the public benefit created by the production of affordable housing units. The following KMA analysis is based on an evaluation of the affordable housing requirements that could be supported from an economic perspective. KMA translated the results of this analysis into order -of -magnitude estimates of the in -lieu fee amounts that could be charged on a financially feasible basis. A °,/' " i"", ( r tm".Atl AIf � I I The KMA analysis is supported by the following Attachments, Appendices and Exhibits - Attachment 1: Rental Residential Development Summary Table Appendix A: Rent Survey Appendix B: Affordability Analyses Exhibit I: Affordable Rent Calculations Exhibit II: In Lieu Fcc Analysis City Council 28 — 9 2XfiaO241 19090 017 D21 Judson Brown, City of Santa Ana Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Attachment 2: Ownership Housing Development Summary Table Appendix A: Home Sales Survey Appendix B: Affordability Analyses Exhibit I: Affordable Sales Price Calculations Exhibit II: In -Lieu Fee Analysis June 28, 2021 Page 5 To assist in evaluating the supportable in -lieu fee for rental residential development KMA compiled information pertaining to the development scopes and rents for recently constructed projects. Based on this information KMA prepared conceptual pro forma analyses to identify the magnitude of the income and affordability requirements that could feasibly be imposed. As proposed, the updated Ordinance would allow developers to select from one of the following affordable housing obligations: 1. A IS% set aside for low income households; or 2. A 10% set aside for very low income households; or 3. A 5% set aside for extremely low income households. The Calitornia Government Code Sections 65915 — 65918 (Section 65915) density bonus can provide a valuable tool for mitigating the impact created by the imposition of inclusionary housing requirements. The results of the KMA financial analysis indicate that if the benefits provided by the Section 65915 density bonus can be effectively used, the proposed income and affordability requirements should not create a constraint to development. The Section 65915 density bonus can only be used for projects that produce the statutorily set number of affordable housing units. It is not possible to pay a fee in lieu of producing the affordable units that generate the density bonus benefits. Therefore, City Council 28 — 10 217J id 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 6 it is necessary to evaluate the in -lieu fee option in the context of rental residential projects that do not make use of the Section 65915 density bonus. As can he seen in the Summary Table: Rental Residential Development Analysis, the conceptual analysis prepared by KMA indicates that a 5%to 6% affordable housing requirement could be feasibly imposed on rental residential developments that do not use the Section 65915 density bonus. KMA applied these percentages in our analysis of the in -lieu fee that could be supported by rental residential development. The development scopes used in the rental residential development analyses can be described as follows: 1. The development site area is set at five acres. 2. The prototype project includes the following number of units: a. The base case scenarios include 300 units. b. I he Section 65915 scenario includes a 35% density bonus, which results in a total of 405 units. 3. The prototype project includes the following unit mix: Unit Mix: Prototype Project Average Unit Percentage of Number of Redrooms Sile (Sq. Ft.) Units Studio 750 25% 1 900 35% 2 1,140 35% 3 1,445 5% Weighted Average / Total 974 1000/0 City Council 28 — 11 217dfi6 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 7 4. The parking provided for the prototype project complies with the City's parking code.2 V /� ^ A 1 In June 2021, KMA surveyed rental residential projects in Santa Ana and Anaheim that have been built within the past five years and that received four or more stars in the CoStar quality ranking system. The survey is presented in Attachment 1—Appendix A. The purpose of this survey was to assist in estimating the currently achievable market rents for the types of projects likely to be constructed in Santa Ana. However, the characteristics of actual projects will vary to some degree from the prototypes. The market rate monthly rent estimates that are used in this pro forma analysis are! Projected Monthly Market Rate Rents —Rental Residential Development Average Monthly Rent Per Unit Studio Units $2,420 One -Bedroom Units $2,600 Two -Bedroom Units $2,830 Three -Bedroom Units $3,750 Weighted Average Rent Per Square Foot of Leasable Area $2.86 The Ordinance calls for "Affordable Rents" to be calculated using the methodology imposed by California Health and Safety Code (H&SC) Section 50053. The calculations are presented in Attachment 1 —Appendix B — Exhibit I, and the assumptions and results can be summarized as follows- 2 The density bonus scenario used to test the on -site production requirement is based on the Section 6S91S (p) provision that allows no guest parking requirement to be applied. City Council 28 — 12 217J ia!Q21i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 8 1. The household income information used in the calculations is based on 2021 income statistics for Orange County as a whole. The household incomes are published annually by the United States Department of Housing and Urban Development (HUD) and are distributed by the California Department of Housing and Community Development (HCD). 2. The household size appropriate for the unit is based on the H&SC Section 50052.5 standard, which is set at the number of bedrooms in the home plus one. This is not meant to be an occupancy cap; it is simply a benchmark used to create a consistent methodology for calculating the Affordable Rents. 3. The household incomes used in the Affordable Rent calculations arcs` a. Very low income at 50% of area median income (AMI); and b. Low income at 60% of AMI. 4. Thirty percent (30%) of defined household income is allocated to housing expenses. 5. KMA's calculations are based on the assumption that the tenants will be required to pay for gas heating, cooking and water heating; and basic electric services. The December 1, 2020 Orange County Housing Authority utilities allowances were applied in this analysis. The resulting Affordable Rents are presented in the following table: ' The percentages of the AMI used in the Affordable Rent calttdations are benchmarks established by H&SC SO003. The incomes limit used to qualify households to occupy very low income units is defined in H&SC SOLOS, and the low incorne limit is defined in H&SC SOU/9.S. I here limits are rneant to reflect 80% and SO% of AMI, respectively. However, HUD adjusts the incorne levels for Orange County to account for conditions that warrant special consideration. The current income qualification limits exceed 80% and SO%of AMI, respectively. City Council 28 — 13 217d6ia!Q24i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 9 Affordable Rent Calculations — Rental Residential Development Very Low Income Low Income Studio Units Maximum Monthly Housing Cost $934 $1,121 (Less) Monthly Utility Allowance (58) (58) Affordable Rent $876 $1,063 One -Bedroom Units Maximum Monthly Housing Cost $1,067 $1,280 (Less) Monthly Utility Allowance (67) (67) Affordable Rent $1,000 $1,213 Two -Bedroom Units Maximum Monthly Housing Cost $1,201 $1,441 (Less) Monthly Utility Allowance (90) (90) Affordable Rent $1,111 $1,351 Three -Bedroom Units Maximum Monthly Housing Cost $1,344 $1,601 (Less) Monthly Utility Allowance (114) (114) Affordable Rent $1,220 $1,487 KMA estimated the supportable in -lieu fee amounts for rental residential projects based on the "Affordability Gaps" associated with the on -site development of affordable housing units within market rate rental residential projects. The Affordability Gaps for rental residential developments are estimated in Attachment 1 - Appendix B — Exhibit II using the following methodology! City Council 28 — 14 217J id 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 10 1. The differences between the estimated achievable market rate monthly rents and the defined Affordable Rents are calculated for studio, one -bedroom, two - bedroom and three -bedroom units. 2. KMA assumed that the property taxes for projects that include designated affordable housing units would be based on a lower assessed value due to the reduction in net operating income that would be generated by the project. KMA deducted this lower property tax expense from the estimated rent difference. 3. The estimated annual Affordability Gap is equal to the net rent difference minus the property tax savings. 4. The net Affordability Gaps are estimated by capitalizing the annual Affordability Gaps at the threshold returns derived from the pro forma analysis of a market rate development. 5. The net Affordability Gaps are translated into the supportable in -lieu fees per affordable unit and per square foot of leasable area. The results of the in -lieu fee analysis are summarized in the following table: Supportable In -Lieu Fees —Rental Residential Development Very Low Income Low Income In -Lieu Fee Alternative Alternative Per Affordable Unit 5333,000 $289,000 Per Total Unit in the Project $16,700 $17,300 Per Sq. Ft. of Leasable Area $17.10 $17.80 The current affordable housing requirement for ownership housing development requires 10% of the units in a project that is subject to the modified Ordinance to be sold to moderate income households. As can be seen in the Summary Table: Ownership City Council 28 — 15 217dfialQ21i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 11 Housing Development Analysis, the conceptual analysis prepared by KMA indicates this requirement could be supported under current conditions. As such, KMA applied this percentage in our analysis of the in -lieu fee that could be supported by ownership housing development. To assist in evaluating the financial characteristics of ownership housing development, KMA compiled information pertaining to the development scopes and sales prices for recently constructed projects. Based on this information I<MA prepared conceptual pro forma analyses to identify the magnitude of the incorne and affordability requirements that could feasibly be imposed. ➢t a4r,', 'r 'itt A^A^, ,,'i "c For the following reasons the prototype ownership housing development created by KMA for the pro forma analysis is a condominium project: 1. For single family homes, the average gap between the market rate price and the "Affordable Sales Price" is in the range of $600,000 for moderate income households. 2. Given the disparate characteristics of the new housing inventory in Santa Ana, and that the same in -lieu fee schedule will be applied to all ownership housing development, it is KMA's opinion that it is more equitable to base the in -lieu fee on the Affordability Gap associated with condominium development. As can be seen in the Summary Table: Ownership Housing Development Analysis, the development scope applied in the prototype analysis consists of the following: 1. The development site is set at one acre of land area. 2. The prototype project includes 35 units. 3. The units in the project included a weighted average unit size of 1,720 square feet of saleable area. 4. The parking provided complies with the City's parking code requirements. City Council 28 — 16 217dfi6 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 12 ^/Pr, . i;n. 1, In June 2021, KMA surveyed ownership housing projects in the Santa Ana vicinity that have been built within the past five years (Attachment 2 —Appendix A). It is important to note that the prototype analysis is intended to reflect average or typical ownership housing projects rather than any specific project. It should be expected that specific projects will vary to some degree from the prototype. The average sales prices used in the pro forma analysis are set at the following amounts: Projected Market Rate Sales Prices —Ownership Housing Development Three -Bedroom Units $690,000 Four -Bedroom Units $//5,000 Weighted Average Price Per Square Foot of Saleable Area $417 The Ordinance calls for Affordable Sales Prices to be set using the H&SC Section 50052.5 calculation methodology. The calculations are presented in Attachment 2 — Appendix B — Fxhibit I, and the assumptions and results can be summarized as follows 1. The household income information used in the calculations is based on 2021 income statistics distributed by HCD. 2. The household size appropriate for the unit is based on the H&SC Section 50052.5 standard of the number of bedrooms in the home plus one. As was the case in the Affordable Rent calculations, this is a benchmark, not an occupancy cap. City Council 28 — 17 217Jfi6 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 13 3. The household incomes used in the Affordable Sales Price calculations are set at 110% of AM1.4 4. Thirty-five percent (3S%) of the benchmark household inromes are allotted to housing expenses- S. Housing expenses are comprised of the following: a. Household utilities costs, which are based on allowances that were published by the Orange County Housing Authority on December 1, 2020, b. Homeowners association dues and homeowners insurance prerniums; r. Maintenance rests; d. Property taxes; and e. Mortgage debt service. The supportable mortgage amount is estimated based on the following! 1. The amount of income available for mortgage debt service after the payment of all the other housing expenses; 2. The application of typical lender underwriting standards; and 3. The current market interest rate plus an upward adjustment to reflect the potential for interest rates to increase between the commencement of construction and the ultimate sale of the affordable unit. The Affordable Sales Price is equal to the supportable mortgage plus a benchmark down payment. The benchmark down payment is only used for the purpose setting the Affordable Sales Price.= The percentages of the AMI used in the Affordable Rent calttdations are benchmarks established by H&SC S00S2.5. The incomes limit used to qualify households to occupy moderate income units is defined in H&SC S0093. `The actual down payment amount can vary widely, but it does not impact the Affordable Sales Price. Instead, the actual down payment contributed by a home buyer is subtracted from the defined Affordable Sales Price to establish the allowable first trust deed mortgage amount. City Council 28 — 18 217J ialQ24i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Page 14 Estimating the achievable Affordable Sales Prices for moderate income households is complicated by the fact that KMA believes that the Affordable Sales Prices are too close to the projected market rate sales prices to be marketable when irrevocable resale controls are imposed: 1. It is reasonable to assume that a home buyer will not purchase a home that is subject to long-term covenants unless there they receive a substantial discount from the unrestricted market rate sales price- 1 In KMA's experience the required discount falls within the range of 3M 3. When a 30% discount is applied to the projected market rate sales prices, the achievable prices for moderate income units are estimated as follows: a. The achievable price for three -bedroom units is estimated at $483,000. b. The achievable price for four -bedroom units is estimated at $542,500. The resulting Affordability Gaps are estimated as follows! Estimated Affordability Gaps — Ownership Housing Development Three -Bedroom Four -Bedroom Sales Prices Units Units Market Rate Sales Price $690,000 $775,000 Affordable Sales Price $483,000 $542,500 Affordability Gap Per Unit $207,000 $232,500 As shown in Attachment 2 — Appendix B — Exhibit II, KMA estimates the supportable in - lieu fees at the following amounts: City Council 28 — 19 217d6i6 024i 19090 017 D21 Judson Brown, City of Santa Ana June 28, 2021 Housing Opportunity Ordinance: Updated In -Lieu Fee Analysis Supportable In -Lieu Fees Ownership Housing Development In -Lieu Fee Per Affordable Unit Per Total Unit in the Project Per Sq. FL. of Saleable Area "I ilr, "V f "1( 101/o Moderate Income Units $215,000 $21,500 $13.00 Page 15 It is important to set the in -lieu fee amounts at defensible amounts for the following reasons: 1. The courts have ruled that inclusionary housing requirements cannot be confiscatory or deprive an owner of a fair and reasonable return; 2. California Government Code Section 6SS83 (a) prohibits jurisdictions from imposing requirements that constrain the development of housing; and 3. To maximize the production of housing, affordable housing programs should be set up to balance the interests of property owners and developers against the public benefit created by the production of affordable housing units. Based on the results of the KMA financial analysis, the supportable in lieu fees are estimated as follows: Supportable In -Lieu Fee: Housing Opportunity Ordinance Update Rental Residential Development $17.10 to $17.80/Sq. Ft. of Leasable Area Ownership Housing Development $13.00/Sq. Ft. of Saleable Area City Council 28 — 20 217J ia!Q2'li 19090 017 D21 ATTACHMENT 1 RENTAL RESIDENTIAL DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Prepared by: K1(;W viMJLtl'p0aiales, Inc. 28 - 21 7/6/2021 Hle rlarilc: b 24 21 SA 1100 RcnL; AI 1 1 1'. 1'._L page r of N SUMMARY TABLE RENTAL RESIDENTIAL DEVELOPMENT HOD- IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA L Project Description A. Site Area (Sf) B. Total Units C. Density (Units/Acre) D. Unit Mlv -% Studio Units One-Bedroorn Units Two -Bedroom Units Three -Bedroom Units Total Units E. Gross Building Area (Sf) F. Number of Parking Spaces Provided Parking Spaces Per Unit II. Development Costs A. Property Acquisition Costs Per Square Foot or Land Airy B. Direct Costs Per Square Foot of GBA C. Indirect+ Financing Costs As a of Direct Costs Total Development Cost Per Square Foot of GBA III. Stabilized Net Operating Income IV. Return on Total Investment V. Supportable Inclusionary Housing Requirement VI. In -Lieu Fee Per Per Square Foot of Leasable Area ' Based on the total number of units in the project. VFRY I OW INCOMF MARKET RATE VERY LOW INCOME LOW INCOME DENSITY BONUS ALTERNATIVE ALTERNATIVE ALTERNATIVE ALTERNATIVE 217,800 217,800 217,800 217,800 300 300 300 450 60 60 60 90 77, 77, 77, 113 105 105 105 158 105 105 105 158 15 15 15 23 300 300 300 452 343,6/G 343,6/6 343,6/6 343,6/6 510 510 510 633 1.70 1.70 1.70 1.41 $13,OG8,000 $13,068,000 $13,OG8,000 $13,068,000 $60 %0 $(10 %0 594,230,000 594,230,000 $94,230,000 $134,873,000 5274 5274 5274 5392 $3t1,9G5,000 $31,131,000 531,131,000 544,780,000 22 % 33'%fi 3311n 331Y $135,263,000 $138.429,000 $138,429,000 $192,721,000 5402 5403 5403 5561 56,413,000 56,179,000 $6,170,000 $8,969,300 4.6% 4. G')S 4. S'Y 4.7rY 5% 6% 10% $17A0 $17.80 NA Prepared bY: KPAYNCxWrASstl Aes 28 — 22 7/6/2021 File nanie 6 24 21 SA 100 Rent, Ren'. Sum page J cif g APPENDIX A RENTAL RESIDENTIAL DEVELOPMENT RENT SURVEY HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Prepared by: K1(;W viMJLtl'p0aiales, Inc. 28 - 23 7/6/2021 Ftic rlarllc b 2421 SA 1100 Rcnl; App A I iLlos Page iofK Ie1J7#i!IrlV:rd RENTSURVEY 4 STAR PROPERTIES CONSTRUCTED AFTER 2010 HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Name Addi-H, Studio Units # of Unit Size Units (SF) Average Effeuive Rerl. Year I otal Per SF Built 888 on Main 888 N Main St Santa Ana 103 503 $1,807 53.59 2021 The Charlie 3630 Westminster Ave Santa Ana 23 540 S2,013 $3 73 2019 Artist Village Apartments 300 301 W 2nd St Santa Ana 14 SSS $2,666 $4.80 2015 Vetere Flo[, 1/7y 6 Auburn Way Anaheirn 1,8 ,y/ $1,961 $1.,,7 701/ Jefferson Ed7,e at Platinum Park 1921 Union St Anaheim 28 579 51,778 $3,07 2019 Jefferson Rise at Platinum Park 1910 S Union St Anaheim 61 600 $2,044 53.41 2019 Core 1815 S Westside Dr Anaheim 25 604 $2,133 $3.53 2018 The George 22111 Orangewood Ave Anaheim 30 608 $2,360 $3.88 2017 Gateway II 2100 L Orangewood Ave Anaheirn 2S 618 $1,8/I $3.03 2016 RruadStune Archive 1901 F. Dyer Road 6dnid And 100 780 S7,$13 $3.77 7020 Broadstone Arden 1951 E Dyer Road Santa Ana 976 816 52,548 $3.12 2020 Vivere Lofts 1331 Katella Ave Anaheim 30 1,080 52,650 $2.45 2012 Minimum 503 $1,778 $2AS Md.inlurn 1,080 $2,6ELi $4.80 WPighled Average 7S, S2,408 $3.22 One -Bedroom Units Artist Village Apartments 300-301 W 2nd St Santa Ana 77 653 $1,833 $2.81 Jefferson Edgc al Plalinurn Park 1921 Union SL Anaheirn 161 713 $1,972 $2.77 The Marke 100 E MacArthur Blvd Santa Ana 158 749 $2,381 $3.18 2014 888 on Main 888 N Main St Santa Ana 45 751 $1,963 $2.61 The Charlie 3630 Westminster Ave Santa Ana 90 759 52,244 $296 Prisma 301 Jeanette Ln Santa Ana 111 762 52,227 $2,92 2018 Core 1815 S Westside Dr Anaheim 218 766 $2,255 $2 94 ViverC Fla LS 172S $Auburn Way Anaheim 102 770 $2,274 $2.95 Nineteeu0l 1901 L 1st St 6ahTa Ana 11/ /A) $1,93/ $2.50 2016 The George 2211 E Orangewood Ave Anaheim 184 776 52,724 $3.51 Market Lofts DTSA 401 N Rush St Santa Ana 24 800 52,595 $3.24 2021 Jefferson Rise at Platinum Park 1910 S Union St Anaheim 174 835 $2,364 $2,83 Broadstone Archive 19011 Dyer Road Santa Ana 103 879 $2,772 $3.1S Gateway II 2100 E Orangewood Ave Anaheim 220 292 $2,211 $2.51 Broadslone Arden 1951 E Dyer Road Sanla Ana ill 91 S 52,738 $2.99 Vivere Lofts 1331 Katella Ave Anaheim 30 919 $2,273 $2.47 Stadium House 7100 F Katella Ave Anaheim 80 997 57,795 57.30 7070 Minimum 653 $1,833 $2.30 Ma.imum 997 $2,772 53.51 Weighted Average SDI 52,31E $2. 119 Prepared by: Keyser Marsr§nljy,,I,-,rf II.1 Il 28 - 24 7/6/2021 File rlarIIC 6 24 21 SA 1100 RCnl. Pape 4 of k IdJ71011r3Era1 RENTSURVEY 4 STAR PROPERTIES CONSTRUCTED AFTER 2010 HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Name Addi-H, Two -Bedroom Units Average EffeChve RerlL #of Unit Size Year Units (SF) Iotal Per SF Built Artist Village Apartments 300-301 W 2nd St Santa Ana 106 994 $2,445 $2.46 Prisma 301 Jeanette Ln Santa Ana 71 1,017 S2,684 $2.04 1 he Charlie 3630 Westminster Avc Santa Ana 96 1,031 $2,588 $2.51 VetereFldlg 1/7_o SAuhurn Wdy Andhenn 94 1,046 $71989 $Z$[r Jefferson Rise at Platinum Park 1910 S Union St Anaheim 136 1,078 52,765 $2,56 Jefferson Edge at Platinum Park 1921 Union St Anaheim 156 1,120 $2,588 52.31 The Marke 100 E MacArthur Blvd Santa Ana 128 1,132 $3,012 $2.66 NfneteenD1 1901E 1st St Santa Ana 118 1,13S $2,S33 $223 Broadstone Archive 1901 L. Dyer Road Santa Ana 183 1,116 $3,229 $2.82 Core 191.i S We%t5lde Or Anahelrn 157 1, 154 57,843 $7.4f The George 2211 E Orangewood Ave Anaheim 116 1,165 53,323 $2.85 Broadstone Arden 1951 E Dyer Road Santa Ana 97 1,170 53,136 $2.68 Gateway II 2100 E Orangewood Ave Anaheim ISO 1,21S $2,780 $2.29 Vivere Lofts 1331 Katella Ave Anaheim 32 1,315 $2,888 $2.20 SLadium House 2100 L Kalella Ave Anaheim 162 1,316 $2,428 $1.84 Minimum 994 52,428 $1.84 Maximum 1,316 53.323 $2.86 Weiphted Averape 1,139 $2.814 $2,48 Three -Bedroom Units The Charlie 3630 Westminster Ave Santa Ana 19 1,238 $3,519 $2.84 Jefferson Rise at Platinum Park 1910 S Union St 5 1,350 53,604 $2,67 Jefferson Edge at Platinum Park 1921 Union St 26 1.356 $3,288 $2 42 The Marke 100 E MacArthur Blvd Santa Ana 14 1,374 $2,784 $2.75 1 he C Porp 2211 L OranBewood Ave 10 1,445 $4,4_40 $3.(1/ Broadstone Archive 1901 E. Dyer Road Santa And 17 1,527 54,243 $2.78 Ninetccn01 1901 E 1st St Santa Ana 29 1,598 53,545 $2.22 Broadstone Arden 1951 E Dyer Road Santa Ana 7 1,669 $4,485 $2,69 Minimum 1,238 $3,288 $2.22 Maximum 1,0C.9 54,485 $3.07 Weivhted Average 1.443 53.732 52.60 Source: CoStar, June 2021. Prepared by: Keyser Marsr§nljy,,I,-,rf IWRIZ I.1 Il 28 - 25 7/6/2021 File rlarIIC b 24 21 SA 1100 RCnl. Pape 5 of k APPENDIX B RENTAL RESIDENTIAL DEVELOPMENT AFFORDABILITY ANALYSES HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Prepared by: K1(;W viMJLtl'p0aiales, Inc. 28 - 26 7/6/2021 Ftic rlarilc: b 24 21 SA 1100 RcnL; App L3 1 iLlcs Page b of N filJ710111blvelm414:II131 11111 AFFORDABLE RENT CALCULATIONS 2021 INCOME STANDARDS RENTAL RESIDENTIAL DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA One -Bedroom Two -Bedroom Three - Studio Units Units Units Bedroom Units I. General Assumptions Area Median Income (AMI) - S74,700 $85,350 $96,050 S10G,700 Monthly Utilities Allowance - $58 $67 $90 $114 II. Affordable Rent Calculations ' A. Very Low Income - Rent Based on 50%AMI Benchmark Annual Household Income S37,350 $42,675 $48,025 $53,350 Percentage of Income Allotted to Housing Expenses 30% 30% 30% 30% Monthly Income Available for Housing Fxpenses S934 $1,o67 $1,2(11 $1,334 (Less) Monthly Utilities Allowance (SR) (67) (cw) (114) Maximum Allowable Rent $876 $11000 $1,111 51,220 B. Low Income - Rent Based on 60% AMI Benchmark Annual Household Income S44,820 $S1,210 SS7,630 S64,020 PcrccnLakc of IoWitw AIIu LLcd to I luusing Expcnxcc 301A 301y 30% 3095 Monthly Income Available for Housing Expenses $1,121 $1.2$0 $1,441 $1,001 (Less) Monthly Utilities Allowance (58) (67) (90) (114) Maximum Allowable Rent $1,063 51,213 $1,351 $1,487 Based on the 2021 Orange County household incomes published by the California Housing & Community Development Department (HCD). The benchmark household size is set at the number of bedrooms in the unit plus one. - Based m) the Orange County Housing Authority utility allowance schedule effective as of 12/1/20. Assurnes: Gas Heating, Gas Cooking, and Gas Watcr Heater; and basic ticctric. Based anr[lip 4`L:arliifforrinA Helalth P. Safely Code Seclion 50053 calculalinn melhodnlogy. Prepared by: KeyserYM�tgioMLdidi (tiS 28 — 27 7/6/2021 Ftic name b 24 21 SA 100 xcnl; Aff xcnl ✓age , of g filJ71011blvel *14,11-311111f IN -LIEU FEE ANALYSIS RENTAL RESIDENTIAL DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA 1 ow Income 1 ow Income L Rent Difference A. Studio Units Market Rate Ilnits $7 47f1 57,470 Affordable Units 876 1,063 Difference 51,544 $1,358 e. One -Bedroom Units Market Rate Units $2,600 $2,500 Affordable Units 1,000 1,213 Difference 51,600 $1,387 C. Two -Bedroom Units Market Ratn Units $2,930 $2,930 Affordable Units 1,111 1,351 Difference 51,719 $1,470 D. Three -Bedroom Units Market Rate Units $3,750 $3,750 Affordable unils 1,770 1,4A/ Difference $7,53n 57,764 II. Distribution of Total Units ' Studio Units 25% 25% One Bedroom UNLS 3S% 35•Y I wo-Bedroom Units 3S'Yn 3h"/n Three -Bedroom Units 51/ 5% III. Annual Affordability Gap Per Inclusionary, Unit $20,093 $17,468 Less: Property Tax Difference (4,660) (4,050) Annual Affordability Gap Per Incuslonary, Unit $15433 $1341A IV. Net Affordability Gap Per Inclusionary Unit ° 5333,000 $289,000 V. In -Lieu Fee Per TOLal Un1L in Lhe Project $16,700 $17,300 Per Square Foor of Leasable Area ° $17A0 $17.80 The market rents are drawn from the pro forma analyses (See APPENDIX A - EXHIBIT 1). The Affordable Rents are based on the H&SC Section 50D53 calculation methodology. (See APPENDIX B EXHIBIT I). Based on Lhe unit ml. disLribuLion applied in Lhe pro forma analysis. Based Oil the rent differential capitalized at A S.0% rate to estahlish the value, and a 1.16% property tax rate. 4 Based on the Annual Affordability Gap Per Inclusiondry Unit capitalized at the I hreshold Return on total Investment. s Rased on the Affordability Gap Per Inclusionary Unit multiplied times the Inclusionary Housing Percentage. " Based on the Affordability Gap Per Inclusionary Unit divided by the average leasable area per unit. Prepared by: Keyser YMAy r.M1dur A 28 - 28 7/6/2021 File name b 24 21 SA 100 RcnL, Foe ✓age g of g ATTACHMENT 2 OWNERSHIP HOUSING DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Prepared by: K1(; LU viMJLtl'p0aiales, Inc. 28 - 29 7/6/2021 File Name b 24 21 SA 1100 Own, A 1 1 2 1 i Llc page I pf x SUMMARY TABLE OWNERSHIP HOUSING DEVELOPMENT HOO- IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA MARI(FI RAIF Al TFRNATIVF MODFRATF INCOMF L Pro6ect Description A. Site Area(Sf) 4?,960 43,S6r1 B. Total Units 36 36 C. Density (Units/Acre) 36 36 D. Total Units: (Five -Bedroom Units) 0 0 E. Gross Building Area (Sf) G8,707 68,707 F. Number of Parking Spaces Provided 128 128 II. Development Costs A. Property Acquisition Costs $2,614,000 $2,614,000 Per Square. Foot of Land Area $60 560 B. Direct Costs $14,423,000 $14,423,000 Per Square Foot of GBA 5210 5210 C. Indirect+ Financing Costs $S,417,000 $5,343,000 As a % of Direct Costs 39% 370A Total Development Costs $22,4S4,0ot) $22,390,000 Per Unit 5624,000 5622,000 III. Net Revenue 524,357,000 $23,551,000 IV. Devcloocr Profit $1,902,000 $1,171,000 AS a'y of Total Development Cost 9.5/ 5.2'yr. V. Supportable Inclusionary Housing Requirements 10% VI. In -Lieu Fee Per Square Foot of Saleable Area $13.00 Prepared by: KQj1yNYxQUQ.Ss1L,Ae1 28 - 30 7/6/2021 Fllcnumcc b2421SA'. 1000Wn;0Wn Som Page/ofg /_iJ»011717_1 HOME SALES SURVEY OWNERSHIP HOUSING DEVELOPMENT SANTA ANA, CALIFORNIA Prepared by: Keyse�7viM W W]YCClales, Inc. 28 — 31 7/6/2021 File Name b 24 21 SA 1100 Own, App A I ILlcs Pape i pf x ra�Ja.n�t:�_aaa:n-l�n HOME SALES SURVEY UNITS CONSTRUCTED AFTER 2010 HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Address Zip Code Llnit SOO (SF) Three -Bedroom Units Sales Price Total Per SF Year Built 1434 N Harbor Blvd #1 Santa Ana 92703 1,528 5640,000 $419 2018 607 N Garfield St Santa Ana 92701 1,354 5576,SOO $426 2014 16042 Nevvhopc Way FOumzin Valley 92708 1,399 $583,000 $417 2011 1010 Hope Ln North I u4in 92 AIL, 1,688 $840,Do0 $498 201P. 1551 W Walnut St P51 Santa Ana 92703 11513 $550,000 $364 2018 1570 W 1ST St tt15 Santa Ana 92703 11513 5560,000 $370 2018 1452 N Harbor Blvd #3 Santa Ana 92703 1,740 5570,000 $328 2D18 484 N Porter St Santa Ana 92701 1,358 $627,000 $462 2D14 10GO S Harbor Blvd AG Santa Ana 92704 1,598 $610,000 $382 2017 806 E Santa Ana Blvd Santa Ana 92701 1,G41 $G00,000 $366 2011 1416 N Harbor Blvd #4 Santa Ana 92703 1,528 $660,000 $432 2018 1310 N Harbor Rlvd Santa Ana 97703 7,195 W40,000 $337 7017 1060 S Harbor Blvd 42 Santa Ana 92704 1,588 S63S,000 $400 2017 609 N Garfield St Santa Ana 92701 1,461 $585,000 $400 2014 Minimum 1,354 $ so'oon $328 2011 Maximum 2,195 5840,00n 5498 2018 Average 1.579 5626.893 $397 2016 Four -Bedroom HndS 4256 W Mh St Santa Ana 92703 1,892 $690,000 5365 2016 1777 N Harbor Rlvd Santa Ana 97703 7,135 $770,000 $337 2017 144D N Harbor Blvd #3 Santa Ana 92703 1,748 5673,000 $385 2018 1080 S Harbor Blvd 47 Santa Ana 92704 1,879 5630.000 $335 2017 30G E Jeaneue Ln San La Ana 92705 2,185 5635,000 S291 201D 3336 S Alton Ct Santa Ana 92704 2,300 $890,000 $ 3 7 3 2011 Minimum 1,748 $630,000 $791 7010 Maximum 2,360 $880,000 $385 2018 AvcriRC 2,033 $704.667 $347 2015 Prepared by: Keyser Marsr§nljy,,I -,rfy} 1 Il 28 - 32 7/6/2021 File name_ b 2421 SA 1100 Own, I Iwiie Sales Pape 4 of h ra�Jai!n�t:�_aaa:n-3�n HOME SALES SURVEY UNITS CONSTRUCTED AFTER 2010 HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Sales Price AddrPsa City Zip Code unit Side (SF) Total Per SF Year Built II. Single Family Homes Four -Bedroom Units 221 W Tribella Ct Santa Ana 92703 2,119 5743,000 $351 2016 793 N Concord St Santa Ana 92701 1.573 5478.000 $304 2014 1880E Winnwood Ln NorLh TuSGn 9270S 4,G20 $2,100,000 $4GG 2021 SS6 S HarhOI Blvd Santa Ana 92 /04 1,90� $6SQ000 $341 2011 4284 W 5thSt Santa Ana 92703 2,193 $730,000 $333 2015 12791 Panorama Crst North Tustin 92705 6,227 $2,900,000 $466 2015 2138 N Hathaway St Santa Ana 92705 1,861 5770,000 $414 1965 11871 Simon Ranch Rd North Tustin 92705 3,700 $1,830,000 $49S 2010 123S1 Ranchwood Rd Not TusLin 9270S 3,244 $1,991,000 $614 2021 5,21 S Harhur Blvd Santa Ana 92704 1,894 $G00,000 $317 2018 13982 Sandhurst PI North Tustin 92705 2,660 $1,845,000 $694 2017 920 W Tribella Ct Santa Ana 92703 2,032 %99,000 $344 7018 202 W Tribella Ct Santa Ana 92703 2,119 5810,000 $382 2017 2038 Rombrandt Santa Ana 92704 3,056 $1,249,000 $409 2018 11200 Delphinium Ave RrunLein Valley 92708 3,374 $1,4G0,000 $433 2017 13121; Peony Ave Garden Gmve 92840 2,490 $895,[i4S $360 2020 12281 Baja Panorama Santa Ana 92705 31850 $1,510,00n 5392 2020 13462 Peony Ave Garden Grove 92840 2.699 5935.000 $346 2020 Minimum 1,573 $478,000 $304 196S Maximum 6,277 $7,900'000 $694 2021 Average 2,868 $1,2i13,001 $430 2011 Five Bedroom Units 18808 Winnwood Ln North Tustin 92705 3.804 $1,968.000 $517 2020 18804 Winnwood Ln North Tustin 92705 4,038 $1,9S0,000 $483 2021 22S4 N Lyon St Santa Ana 92705 3,408 $1,262,000 $371 2019 10R891 olus IN Garden Grove 92843 2,992 $880,000 $294 9013 1 oY.07 Lotus Or Garden Grove 92843 2,5111 $C39,500 $328 2013 10781 lotus Garden Grove 92843 2,992 5990,000 5331 2014 10926 Lotus Dr Garden Grove 92843 2.992 5835.000 $279 2014 1615 W Pomona St Santa Ana 92704 3,897 $1,3SO,000 $346 2019 10787 Lotus Dr Garden Grove. 92843 2,S61 $800,000 $312 2013 10802 Lulus Or Garden Grove 92843 2,5G1 $839,500 $328 2014 Minimum 2,561 5800,000 $279 2013 Maximum 4.038 $1,968.000 $517 2021 Avcrapc 3.181 $1.171,S00 5368 2016 Source Redfin. The survey includes executed sales that occurred between June 2020 to June 2021. Prepared by: Keyser Mai iLQiJysdu ,tl{fcll 28 - 33 7/6/2021 File r1arlic b 2421 SA 1100 Own, I lame Salts Pape 5 of g /_1J»0111K9.1 AFFORDABILITY ANALYSES OWNERSHIP HOUSING DEVELOPMENT SANTA ANA, CALIFORNIA Prepared by: Keyser)viMJWW�fuAkiales, Inc. 28 — .34 7/52021 File Name b 24 21 SA 1100 Own, App B I illcs Pape 6 of x Ie1J7�dP]Ei-304:f:II-31 �I AFFORDABLE SALES PRICE CALCULATIONS 2021 INCOME STANDARDS OWNERSHIP HOUSING DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA I. Income Information Area Median Income Household Income as a Percentage of AMI Benchmark Household Income Percentage of Income Allotted to Horsing Expenses Income Allotted to Housing Expenses II. Expenses Annual Utilities Allowance HOA, Maintenance & Insurance Property Taxes @ 1.16% of Affordable Sales Price Total Expenses III. Income Available for Mortgage IV. Affordable Sales Price Supportable Mtg @ 3.880u Interest Home Buyer Down Payment @ 59/Aff Sales Price Affordable Sales Price V. Estimated Achievable Price r Condominium & Townhorne Units Three -Bedroom four -Bedroom Units Units z $106,700 $11S,2SO 110% 110% $1173170 $126,775 35% 35% S41,080 S44,371 $2,976 $3,756 3,360 3,600 6,180 6,580 $12,S16 $13,936 $29,Sb4 $20,435 ° SS05,900 5539,000 26,600 28,400 $532,S00 $S67,400 s $423,nnn $542,S00 Single Family Horne_s Four -Bedroom five-Betlroom Units Units $106,700 $115,2SO 110% 110% $117,370 $126,775 35% 35% $41,080 S44371 $3,756 $3,790 1,920 2,160 6,300 6,830 $11,976 $12,770 529,104 $31,601 5515,400 $559,700 27,100 29,SOD $S42,500 $589,200 - Based on 2021 Orange County household incomes published by the California Housing & Community Development Department (HCD). The Affordahle Sales Price CalCulations are based on the California Health and Safety Code Section SOOS25 methodology. z Based on the I I&SC Section 500525 that sets the benchnrarle h011LI1UId sizes equal to the nurnber of bedrourns in the unit plus one. 11tili6es allowances are based on the Urange County Housing Authority utility allowances effective as of 12/l/70. Assurnes: Gas Cooking, 6a3 Heating., and Gas Water Heater; Basic Electric; Water, Sewer; and Trash. ° Based on a 50 basis points premium applied to the Dankrate site average APR as of June 17, 2021 for a fixed -interest rate loan with a 30-year amortization period Prepared by: Keyser Y UY r.M1du WL 28 - 35 7/6/2021 Ftic name 62421 SA'. 100 Own; ASP Ie1J7�dP] Va-304A:II-31 ill IN -LIEU FEE ANALYSIS AFFORDABILITY GAP APPROACH OWNERSHIP HOUSING DEVELOPMENT HOO: IN -LIEU FEE ANALYSIS SANTA ANA, CALIFORNIA Moderate Income Units I. Sales Price Difference A. Three -Bedroom Units Market Rate Sales Price $690,000 Affordable Sales Price 4831000 Difference $207,000 B. Four -Bedroom Units Market Rate Sales Price $77S,000 Affordable Sales Prlce 5421500 Difference $232,500 IL Distribution of Total Units Z Three -Bedroom Units 70% Four -Bedroom Units 30% III. In -Lieu Fee Per lnclusionary l lnil ' 5215.000 In CluSionary Housing Percentage 10%, PerTotal Unit in the Project ' 521,500 Per Square Foot of Saleable Area $13.00 The market rate sales prices arc drawn from the pro forma analyses. (See APPENDIX A - EXHIBIT I). The Affordable Sales Prices arc Ilesed on the H&SC Section SOOS2.S calculation methodology. (See APPENDIX B - EXHIBIT Il. Based on the unit mix distribution applied in the pro forma analysis. Rased on [lie weighted -average difference between Lhe mdrkeL rare prices and he Affordable Sales Prices. ^ Based on the Affordability Gap Per lnclusionary Unit multiplied time, the lnclusionary Housing Percentage. Based on the Affordability Gap Per lnclusionary Unit divided by the over saleable area per unit. Prepared by: K1(;W viMJLd'p09uA wW1, Inc. 28 — 36 7/6/2021 File Name b 24 21 SA 1100 Own, Fee Page n of K a W W 0 U U J U rl N 0 M III �I IIOuO o � M G) Y y O cn l olll o�lf' 0 CD Ln IY n��ri try I � a� rn m � ooill n a o a rl Q L1 Cl m to un �IIIIIIIII rll cn I LJLJ IIIIII IIIIII 1.0 N �,LJ c-I M 0110...., Ln lD : -I m M " M O " ,li (D o,lu m'14 a ,il•' � M 400J? � U III V] J IIIIIII � m a' V O or" N or : C .', � II a C cn as u, o tuo o ao o ruo . �� 0 t� 0 c'n 1 u_ p rrs ' c J (31 cu > nF F= cop N rs to c c ' m r� .�' a. L- ; ro U, 0 c p� /qq �}—'` = can -+ + can —1 +{ �y "�'"'"""'''!� E p� rD "W® ®lpW� ah lW 0 ....e/ L 1 AIR 0 W py ry C -3 bD bD 0 p tU p Q) _ Ln _ p c -0 cz QJ CX � C w-+ •w� cn s C1J C!J = m E ® Z3 C p '- aJ a) N : CC3 Q 3 c✓� ® guy Q)o t11 s a J CU s_ N y CC3 vi u Z:) m v 4 cr <o d I 0 I C•] I 0, III 0 'I, td) 11.0 I,d) 4 wc' V In.d LP'A tl.d'F f.. I M1S I. L_ ` Itjf I �O i:)giun1v1 r m � op i' E: !k 3 ! 9 [I'3 E vY rci ri i]i IIIII Ix c�a . - 4-J cis U cn • CV CV CV N M C 0 N cc u No -C,u CL c� N � c� C CU 4--- d M N Q cy u ca _ r--I c--I i- c--i c--i �-' c� u Lf) L— ''W��,� Uw M .. p) I I of I i Y; I F )I f ( ) I ll)", [)/Ai I J,) I 6A( ) WT40 4 ON I I I I I o 9, lZ 0 g n G s n � � m m r p N �n Oi ^ On � ti Q1 ^ O ^ O ✓1 N v'1 N 'C ul n W m N ry e000 e0 n of m d m Y �p 0 me T G n m to _ ^ m ^ a, M - � rn ^ m U� O d � O _6 d m m m m m m ,.. � ■ _. a b g 8 Z c n 00 Ln 0 -i 0 Q T �. G y tic � o c � I�IIIIYIIId■IIII I W: WIGS II.11<am11:712go:1_1L14:611111folk Ion IS:11111119l03:49Il` 411144MICII1 Redline & Without Redline Versions Attached City Council 28 - 52 7/6/2021 Exhibit 3 - Redline Draft ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY & CREATION ORDINANCE Footnotes: --- (22) --- op,Ord. No. NS-2881. & 2. adopted Seotember 1. 2015 ,r 'n t � .r r^r I , n ,MIN -�tl ' I 1 'h]NfO r 6 „,ffl '., r rc„ oi ,, iu 6A O'., I hh " I ',n dj ICt i d r *v UO "i I Ser.41-1900.-Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the rdu8i0n of affordable housing units within new developments or the conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the general plan. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No_ NS-2994 , § 3, 9-1-20) Sec. 41-1901. - Definitions. As used in this article, the following terms shall have the following meanings Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one-hedroori unit, three (3) persons in the case of a two - bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four-bcdroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low -Income households. Thirty (30) percent of the Income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County inedian income adjusted for family size appropriate for the unit. The qualifying limits for very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 193T The limits are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval tar all or part of a residential project. City Council 28 — 53 7/6/2021 Exhibit 3 - Redline Draft Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved 'alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan mcans the plan submitted by the dcvcloper, in a form specified by tho executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to very low, low, or moderate income households. at an affordable housing cost. in compliance with this article. Low-income units and very low-incorne units means inclusionary units restricted to occupancy by low or very low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Prior project means any project for which an application was submitted and the application was deerned complete prior to August 4, 2015. Regulatory agreement means an agreement entered Into between the Clty of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or The new construction of a project consisting of five (5) or more multi -family units, or The new construction of five (5) or more separate houses or dwelling units: or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by City Council 28 — 54 7/6/2021 Exhibit 3 - Redline Draft the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (it applicable), taxes, utilities, an allowance ter maintenance and any other related assessments. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No- NS-2994 , § 3, 9-1-20) Sec. 41-1902. -Applicability and inclusionary unit requirements. (a) Applicability. I he requirements of this article shall apply to any new residential protect comprised of twenty (90) or more residential lots or residential units hi h h' � ri r iv ri i m n ;3pnrnv:als by the -e4y(`.it)r Council as of MONTH DATF 2021, including new construction, and condominium conversions which awmeePs one nr all of the €�+�-f4lt�wiil{ps2QQliGs2bjtiiv 4hresholds. (1) A chan5re in use to allow for residential or to exceed the aeneral elan or 7onin�bresrrihed densities BLnernentane of residential at the tirne of apojic:atinri au t fitted the ger Eral pFarr a�th�t tx e-0�tk e app4 ea t f n—fk e e ebt ier ary development allowed as a result of city initiated general plan= amendments after Novernher 28. 2011. (;2-�--ILIncrease the permitted percentage of residential development allowed for a mixed -use development above the percentage - [3181*-perrnitted under the. ion7one a4 tho firne of ] ' 4i n. MLConvert rental units to condominium ownership. fjt),,,,,,-App tt ggs, The inclusionary requirements shall only apply to the incremental noFA-iPA Pi the cii-mbe* o4-units beyond that which is allowed aa__ escriherl m Subsection (st) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be sold to moderate income households. (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of tho Units shall be rontod to low-incorno households, Ar-ton (10) porcont rontod to vory low- income households nr five )—percent rented to extremely Inw-inrnme hnrosehnlds. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in - lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of cxistincg inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low income household(s) shall be required to provide on -site inclusionary units as required by this article. City Council 28 — 55 7l612021 Exhibit 3 - Redline Draft (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. ( Ord. No. NS-2881, § 2, 9-1-15 ; Ord. No. NS-2885, § 2, 10-6-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1903. - Exempt projects. The following are exempt from the requirements of this article: (a) Applications deemed complete. Applications that include a residential project for which a development application has been deemed complete prior to November 28, 2011. (b) Development agreements. A residential project that is the subject of a development agreement under applicable provlslons of the Callfornla Government Code that expressly provides for an exclusion to this articl provides for a different amount of inclusionary units,_cLrnrovides for a different specified method for determining the in lien provisions of this ordinance such as the tirninc of p_avrnent or the point in time for detrrrnining the - li in lie f . , -)rrio int to fy ME, inclusionary units from that specified by this article, provided the development agreement was adopted and executed on or before 4 bi - 2& }MONTH QA E 2021. (c) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of orcupanry for the project. This may include a residential project that has obtained a density bonus under article XVI.I or the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (d) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse. ( Ord. No. NS-2881 § 2 9-1-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1904. - Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1901, above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the Sum -total of the number of habitable Square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requiretetits for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1 %) habitable square feet per each required habitable square foot of inclusionary units. City Council 28 — 56 7l612021 Exhibit 3 - Redline Draft 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) More than twenty (20) units. A residential project comprised of more than twenty (20) residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be fire Fe dollars per square foot ($515.001ftr" j-) of the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (2) €eaiw6 a i�Fget€iErkET�B/9 t I1[uiliLLOLI.t�lLrtTt.2pLThe �pb VdeF e Iolal fee amount fortheantiretvnfa roect'---�-_ _t. dr ekus or a*y trriFregt irerr errtrfoFtk e projee�irw�hole eee-it lieu wkrieFreadd rnet-residerrf ial-rrrrit�-avkricl-rFierreitq-appr�roe�crtrtttl�rr�rtS-tF�rT-Fps-r-reT-bec� i�gErBheat aP the tune of isaianre of the first building permit NOW �'.rrrrrir7g�o�pEryrnerTi—The-devefaPer�iraFl-palrthe-fD[_ll1�pr4icc:f. The drvclonrr skull p�v all in - lieu fees allowed by this section for the enure nroiect prior to issuance of the1c#twr fir..t QGGUDaMC,Yr v I for any construction which adds net residential units. The in lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (4-3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No. NS-2994 , 5 3, 9-1-20) Sec. 41-1904.1. - Inclusionary housing development incentives for production of units. City Council 28 - 57 71612021 Exhibit 3 - Redline Draft (a) In order to make the production of new inclusionary units on -site or off -site or off -site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) an - site parking spaces for each two (2) to three (3) bedroom unit, two and one-half (2Y,) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property: (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding c01111nunity benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. ( Ord. No. NS-2881, 4 2, 9-1-15 : Ord. No. NS-2885, § 2, 10-6-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Editor's note— Ord. No. NS-2885, § 2, adopted October 6, 2015 , amended § 41-1904.1, to read as set out herein. 1'revioils ly § 41-1901.1 was titled "Inclusionary housing development inocntives." Sec. 41-190S. - Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures sot forth in the Santa Ana Municipal Code. (2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) 17iscretionary approvals No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A rertificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. ( Ord. No. NS-2881. § 2. 9-1-15 : Ord. No. NS-2994 , § 3, 9-1-20) City Council 28 — 58 7/6/2021 Exhibit 3 - Redline Draft Sec. 411906. Standards. (a) I oCation within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units, (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to cithor produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements, (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculatlon of the number of square feet of required Incluslonary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. I he common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All now or rchabilitatod units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall he approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the appl Icatlon. (3) Any off -site affordable inclusionary, housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inClusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirertient. (d) timing of construction. All inclusionary units in a residential project or proposed oft -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for safe. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost ri r i City Council 28 — 59 71612021 Exhibit 3 - Redline Draft (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner -occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. Rental units (1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost fE3�ftf$y-f�) fSAi�in P-al %tlilY. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the incorne of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the niaximuni amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city Or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. ( Ord. No. NS-2881. § 2. 9-1-1b ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1907. - Reserved. City Council 28 — 60 71612021 Exhibit 3 - Redline Draft Sec. 411908. Enforcement. (a) violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. I he city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions: (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval: and (2) For injunctive relief or damages. (d) Recovery of costs. I n any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the City's affordable housing funds policies and procedures. A priority will be, on the creation of ngw_aftordable housing opportunities ew tirMts frer4f r I-r farnili s currently_6i'Lo in the housing f n in I but isaLe not limited t r�+gsksi&iaf (i) Create affordable units from the existing market rate housing stock including but riot limited to ILL�Lourchaso and rehabilitation of units. (it) Pay for oniAirnt.�. s h I I hec.Altb and saPAY activities. (m) Cover reasonahle administrative or related expenses associated with the adrninistration of h q^ artiQlo. jixLllrinlemenP and nrnrnnte pL?grarns addraseinn hnnsinn seniriPy PvirPinn nrPventinn and housirjplepal assistance for city residents. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in aCeordanCe with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to City Council 28 — 61 7/612021 Exhibit 3 - Redline Draft recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to. assistance to housing development corporations, equity participation loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public - private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting _guidelines established by the executive director. (5) A developer opting for the in lieu payment option or receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged and should provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project in accordance with Public Contract Code §§ 2601-2602. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No_ NS-2994 , § 3, 9-1-20) Sec. 41-1910. -Administrative. (a) In-heu fee calculation. I he amount per square foot of the inclusionary housing in -lieu fee shall be subject to city council review and consideration from time to time (b) Prior projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015, may either construct the inclusionary units pursuant to the prior housing opportunity ordinance (Ordinance No. NS-2825) or pay an in lieu fee calculated by the formula under the prior housing opportunity ordinance (Ordinance No. NS-2825) or request to revise its inclusionary housing plan and/or inclusionary housing agreement and pay an in -lieu fee of nine dollars and thirty-five cents ($9.35) per square foot of habitable space for the entire project's inclusionary housing obligation. (c) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (d) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner - occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implemenlalion of [his article. ( Ord. No. NS-2881, § 2. 9-1-15 ; Ord. No. NS-2885, § 2, 10-6-15 ; Ord. No. NS-2994 , j 3, 9-1-20) Sccs. 41-1911-41-1999. - Reserved. City Council 28 — 62 7/6/2021 Without Redline City Council 28 — 63 7/6/2021 Exhibit 3 - Without Redline Draft ARTICLE XVIII.I. 2021 AFFORDABLE HOUSING OPPORTUNITY & CREATION ORDINANCE Footnotes: --- (22) --- �t Ord. No. NS-2881. & 2. adopted September 1. 2015 atl jai + w ( JNd " o r IM -�0I I YU J" rl"I:,1 1, rt ^� �, /ffl r � M I :'l d,' i iYi n1, I or '. ira i¢ I" n(tm^rt "Y40 I ,t Sec- 41-1900.-Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments or the Conversion of rental units to condominium ownership when the number of units exceed the densities permitted under the general plan. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1901. - Definitions. As used in this article, the following terms shall have the following meanings Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two - bedroom unit, four (4) persons in the case of a three -bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the cxccutivc director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median incorne adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The IirnitS are published by the Secretary of Housing and Urban Development. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or rorribination of entities, which seeks city approval for all or part of a residential project. City Council 28 — 64 71612021 Exhibit 3 - Without Redline Draft Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to very low, low, or moderate incorne households, at an affordable housing cost, in compliance with this article. Low-income units and very low-income units means inclusionary units restricted to occupancy by low or very low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Priorprojcct means any project for which an application was submitted and the application was deemed complete prior to August 4. 2015. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential projecdproject means any of the following: A subdivision resulting in the creation of tive (5) or more residential lots or residential condominium units, or The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The Conversion of five (5) or more existing residential rental units to Condominium ownership. Tartlet area means that area designated by the city from time to lime, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. I otal housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and tcicvision). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. City Council 28 — 65 7/6/2021 Exhibit 3 - Without Redline Draft ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord- No_ NS-2994 , § 3, 9-1-20) Sec. 41-1902. - Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new residential project comprised of twenty (20) or more residential lots or residential units which has not received entitlement approvals by the City Council as of MONTH DATE. 2021. including new construction, and condominium conversions which meets one or all of the following applicability thresholds: (1) A change in use to allow for residential or to exceed the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implement the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes after November 28, 2011. (3) Implement the permitted residential density or percentage of residential development allowed as a result of city initiated general plan amendments after November 28, 2011. (4) Increase the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zone at the time of application. (5) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of this Chapter. (6) Convert rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of ten (10) percent of the total number of units in the project shall be Sold to moderato income households. (d) Rental units. If the new residential project consists of rental units, then a minimum of fifteen (15) percent of the units shall be rented to low-income households, ten (10) percent rented to very low- income households, or five (5) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in - lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of very low and/or low income household(s) shall be required to provide on -site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. ( Ord. No. NS-2881, 5 2. 9-1-15 ; Ord. No. NS-2885. § 2. 10-6-15 ; Ord. No. Ns-2994 . § 3, 9-1-20) Sec. 41-1903. - Exempt projects. The following are exempt from the requirements of this article, (a) Applications deemed complete. Applications that include a residential project for which a development application has been deemed complete prior to November 28, 2011. (b) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a City Council 28 — 66 7/6/2021 Exhibit 3 - Without Redline Draft different specified method for determining the in lieu provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in lieu fee amount, to satisfy the inclusionary units from that specified by this article, provided the development agreement was adopted and executed on or before MONTH DATE, 2021. (c) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project This may include n residential project that has obtained a density hones under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (d) Addplive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse. ( Ord. No. NS-2881, 6 2. 9-1-15 ; Ord_ No- NS-2994 , § 3, 9-1-20) Sec. 41-1904. - Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1901, above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. 1. New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in par[ by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum -total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. 2. Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/z) habitable square feet per each required habitable square foot of inclusionary units. 3. Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) More than twenty (20) units. A resldentlal project comprlsed of more than twenty (20) resldentlal lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in lieu of constructing some or all of the required units. The amount of the fee allowed by this section shall be fifteen dollars per square foot ($15.00/ft.) of the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (2) Timing of payment. The total foe amount for the entirety of a project is calculated, determined, and set at the Lime Of iSSuance Of the first building permit for the project The developer shall pay all in -lieu fees allowed by this section for the entire project prior to issuance of the first occupancy City Council 28 — 67 7/6/2021 Exhibit 3 - Without Redline Draft approval for any construction which adds net residential units. The in lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord_ No_ NS-2994 , § 3, 9-1-20) Sec. 41-1904.1. - Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on-sile or off -sire or off -sire rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit, two (2) on - site parking spaces for each two (2) to three (3) bedrooni unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards: (i) Setback reduction of up to twenty-five (25) percent reduction on subject property, (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No. NS-2885. § 2. 10-6-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Editor's note— Ord. No. NS-2885. & 2. adopted October 6. 2015 , amended § 41-1904. I, Io read as set out herein. Previously § 41-1904.1 was titled "Inclusionary housing development incentives.' Sec. 41-1905. - Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans. and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. (2) Inclusionary housing agreement. I he developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. City Council 28 — 68 7/612021 Exhibit 3 - Without Redline Draft (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance or certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. ( Ord. No. NS-2881, § 2. 9-1-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1906. - Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be- (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units, (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance, and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of tho required inclusionary units shall be provided within cash phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to rneet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements, (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units Shall be the same number or habitable square feet or inclusionary area as required by this Ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation either ten (10) percent for very low income or fifteen (15) percent for low income inclusionary units. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number Of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. City Council 28 — 69 7/6/2021 Exhibit 3 - Without Redline Draft (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost in perpetuity. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner -occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section. the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit for inclusionary restrictions A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost in perpetuity. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Fxecution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase. and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. City Council 28 — 70 7/6/2021 Exhibit 3 - Without Redline Draft (i) Principal residency requirement. (1) The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. (2) No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. ( Ord. No. NS-2881, § 2. 9-1-15 ; Ord_ No. NS-2994 , § 3, 9-1-20) Sec. 41-1907. - Reserved. Sec. 41-1908. - Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval, and (2) For injunctivo rolief or damages. (d) Recovery of costs. I n any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. ( Ord. No. NS-2881. § 2. 9-1-15 ; Ord. No. NS-2994 , § 3, 9-1-20) Sec. 41-1909. - Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fi.Ind. Additional monies front other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions: (1) Monics dcpositcd into the inclusionary housing fund must be used to increase and improvc tho supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable horisinq funds policies and procedures. A priority will be on the creation of new affordable housing opportunities for large families currently living in the City. Other eligible uses of the inclusionary housing fund include but are not limited to (i) Create affordable units from the existing market rate housing stock including but not limited to, the purchase and rehabllltat]on of units. (ii) Pay for one -lime programs for code enforcement, quality of life, and general health and safety activities. (in) Cover reasonable administrative or related expenses associated with the administration of this article. (iv) Implement and promote programs addressing housing security, eviction prevention, and housing legal assistance for city residents. City Council 28 — 71 7/6/2021 Exhibit 3 - Without Redline Draft (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do So. Perrnissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co -investment, pre -development loan funds, participation leases, or other public - private partnership arrangements. The inclUsionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer opting for the in lieu payment option or receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged and Should provide art enforceable CornmiLmenL that a Skilled and trained workforce will be used to complete a contract or project in accordance with Public Contract Code §§ 2601-2602. ( Ord. No. NS-2881. & 2. (4-1-15 ; Ord. No. NS 2994 , § 3, 9-1-20) Sec. 41-1910. - Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in -lieu fee shall be subject to city council review and consideration front time to time. (b) Prior projects. The applicant(s) of any project for which a site plan review application was submitted and such application was deemed complete prior to August 4, 2015, may either construct the inclusionary units pursuant to the prior housing opportunity ordinance (Ordinance No. NS-2825) or pay ail in lieu fee calculated by the formula under the prior housing opportunity ordinance (Ordinance No. NS-282b) or request to revise its inclusionary housing plan and/or inclusionary housing agreement and pay an in -lieu fee of nine dollars and Ihiriy-five cents ($9.35) per square fool of habitable space for the entire project's inclusionary housing obligation. (c) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of [his article including an annual monitoring fee and an inclusionary housing plan submittal fee. (d) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner - occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to assure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. City Council 28 — 72 7/6/2021 Exhibit 3 - Without Redline Draft Sccs. 41 1911-41 1999. Reserved. City Council 28 — 73 7/6/2021